Knoblach was excused until 2:30 p.m.

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

S. F. No. 2272 and H. F. No. 2624, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Cooper moved that the rules be so far suspended that S. F. No. 2272 be substituted for H. F. No. 2624 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2332 and H. F. No. 2633, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Greenfield moved that the rules be so far suspended that S. F. No. 2332 be substituted for H. F. No. 2633 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2552 and H. F. No. 2867, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Leighton moved that S. F. No. 2552 be substituted for H. F. No. 2867 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2702 and H. F. No. 3137, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Lieder moved that the rules be so far suspended that S. F. No. 2702 be substituted for H. F. No. 3137 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2760 and H. F. No. 3146, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Brown moved that the rules be so far suspended that S. F. No. 2760 be substituted for H. F. No. 3146 and that the House File be indefinitely postponed. The motion prevailed.

The following communications were received:

February 27, 1996

The Honorable Irv Anderson

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Anderson:

It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:

H. F. No. 2355, relating to local government; authorizing a city, county, or town to require certain information in applying for or as a condition of granting approval of permits required under official controls.

Warmest regards,

Arne H. Carlson

Governor

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

I have the honor to inform you that the following enrolled Acts of the 1996 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:

                                    Time and          

S.F.         H.F.   Session Laws    Date ApprovedDate Filed

No.           No.    Chapter No.             1996      1996

2355 282 10:12 a.m. February 27February 27

2698 283 10:14 a.m. February 27February 27

2019 284 10:16 a.m. February 27February 27

1622 285 10:19 a.m. February 27February 27

1812 286 10:25 a.m. February 27February 27

2121 287 10:35 a.m. February 27February 27

Sincerely,

Joan Anderson Growe

Secretary of State

S. F. Nos. 2272, 2332, 2552, 2702 and 2760 were read for the second time.

The following House Files were introduced:

Bettermann, Girard and Goodno introduced:

H. F. No. 3253, A bill for an act relating to employment; providing for a study of the dislocated worker program; eliminating the special assessment for the workforce investment fund; repealing Minnesota Statutes 1994, section 268.022, subdivision 1.

The bill was read for the first time and referred to the Committee on Labor-Management Relations.

Paulsen and Commers introduced:

H. F. No. 3254, A bill for an act relating to the legislature; fixing the amount of the daily allowance for meals for members; amending Minnesota Statutes 1994, section 3.099, subdivision 1.

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

Wenzel, Dauner, Schumacher, Kalis and Tomassoni introduced:

H. F. No. 3255, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Tompkins, Paulsen, Koppendrayer, Harder and Van Engen introduced:

H. F. No. 3256, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Perlt, Hasskamp, Luther, Lourey and Rice introduced:

H. F. No. 3257, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

Larsen, Holsten, Rest, Broecker and Long introduced:

H. F. No. 3258, A bill for an act relating to taxation; establishing a working students' educational savings program; proposing coding for new law in Minnesota Statutes, chapter 290.

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

Johnson, V.; Worke; Davids; Bradley and Rostberg introduced:

H. F. No. 3259, A bill for an act relating to metropolitan airports; limiting metropolitan council zoning approval authority; prohibiting construction by metropolitan airports commission of new major airport; requiring inclusion of noise mitigation plan in capital improvement plan; requiring metropolitan airports commission to report on

development of existing airport; requiring legislative approval of proposed development; requiring soundproofing of buildings in 1996 65 Ldn contour; requiring design and construction of limited-access transitway along trunk highway No. 55; authorizing regional railroad authority to transfer funds for transitway; authorizing metropolitan council to purchase met center; appropriating money; amending Minnesota Statutes 1994, sections 473.155, by adding a subdivision; 473.608, subdivisions 2, 6 and 16; 473.614, subdivision 1; 473.616, subdivision 1; 473.618; 473.638, subdivision 1; and 473.661, subdivision 4; Laws 1989, chapter 279, section 7, subdivisions 2 and 6; repealing Minnesota Statutes 1994, sections 473.155, subdivisions 2, 3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; and 473.637.

The bill was read for the first time and referred to the Committee on Local Government and Metropolitan Affairs.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2365, A bill for an act relating to natural resources; modifying open burning restrictions; empowering the commissioner to declare an emergency; modifying provisions relating to timber sales; amending Minnesota Statutes 1994, sections 88.171, subdivisions 4 and 10; 90.031, subdivision 4; 90.041, by adding a subdivision; 90.101, subdivision 1; 90.121; and 90.191, subdivision 1; Minnesota Statutes 1995 Supplement, section 88.171, subdivision 2.

Patrick E. Flahaven, Secretary of the Senate

Bakk moved that the House concur in the Senate amendments to H. F. No. 2365 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 2365, A bill for an act relating to natural resources; modifying open burning restrictions; empowering the commissioner to declare an emergency; modifying provisions relating to timber sales; amending Minnesota Statutes 1994, sections 88.171, subdivisions 4 and 10; 90.031, subdivision 4; 90.041, by adding a subdivision; 90.101, subdivision 1; 90.121; and 90.191, subdivision 1; Minnesota Statutes 1995 Supplement, section 88.171, subdivision 2.

The bill was read for the third time, as amended by the Senate, and placed upon its repassage.

The question was taken on the repassage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Kinkel       Olson, E.    Skoglund
Anderson, B. Farrell      Koppendrayer Olson, M.    Smith
Anderson, R. Finseth      Kraus        Onnen        Solberg
Bakk         Frerichs     Krinkie      Opatz        Stanek
Bertram      Garcia       Larsen       Orenstein    Sviggum
Bettermann   Girard       Leighton     Orfield      Swenson, D.
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7708

Bishop       Goodno       Leppik       Osskopp      Swenson, H.
Boudreau     Greenfield   Lieder       Osthoff      Sykora
Bradley      Greiling     Lindner      Ostrom       Tomassoni
Broecker     Gunther      Long         Otremba      Tompkins
Brown        Haas         Lourey       Ozment       Trimble
Carlson, L.  Hackbarth    Luther       Paulsen      Tuma
Carlson, S.  Harder       Lynch        Pawlenty     Tunheim
Carruthers   Hasskamp     Macklin      Pellow       Van Dellen
Clark        Holsten      Mahon        Pelowski     Van Engen
Commers      Huntley      Mares        Perlt        Vickerman
Cooper       Jaros        Mariani      Peterson     Wagenius
Daggett      Jefferson    Marko        Pugh         Warkentin
Dauner       Jennings     McCollum     Rest         Weaver
Davids       Johnson, A.  McGuire      Rhodes       Wejcman
Dawkins      Johnson, R.  Milbert      Rice         Wenzel
Dehler       Johnson, V.  Molnau       Rostberg     Wolf
Delmont      Kahn         Mulder       Rukavina     Worke
Dempsey      Kalis        Munger       Sarna        Sp.Anderson,I
Dorn         Kelley       Murphy       Schumacher   
Entenza      Kelso        Ness         Seagren      

Mr. Speaker:

I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendment the concurrence of the House is respectfully requested:

H. F. No. 2156, A bill for an act relating to education; prekindergarten through grade 12; providing for general education; transportation; special programs; community education; facilities; organization and cooperation; education excellence; other education programs and financing; education policy provisions; libraries; state agencies; technology; conforming amendments; budget reserve and cost management; appropriating money; amending Minnesota Statutes 1994, sections 120.06, subdivision 1; 120.08, subdivision 3; 120.101, by adding a subdivision; 120.17, subdivision 9; 120.1701, subdivision 10; 120.73, subdivision 1; 121.11, subdivision 15; 121.8355, subdivision 1; 121.906; 121.914, subdivision 1; 121.915; 122.32, subdivision 1; 122.535, subdivision 6; 122.895, subdivision 2; 123.35, subdivision 19a; 123.351, subdivision 10; 123.3514, subdivision 9; 123.37, subdivision 1a; 123.38, subdivisions 2 and 2b; 123.932, subdivisions 1b, 1c, 1e, and 11; 123.933, as amended; 123.935, subdivisions 2 and 7; 123.951; 124.09; 124.155, subdivision 1; 124.17, subdivision 1e, and by adding subdivisions; 124.19, subdivision 1; 124.195, subdivision 8; 124.239, subdivision 5, and by adding subdivisions; 124.2711, subdivision 6; 124.2713, subdivision 10; 124.273, by adding subdivisions; 124.311, subdivisions 2, 3, 5, and 7; 124.48, subdivision 3; 124.573, subdivisions 2e, 2f, and 3; 124.86, subdivision 1; 124.91, subdivision 1, and by adding a subdivision; 124.912, subdivision 6; 124.916, subdivision 4; 124A.02, subdivision 25; 124A.029, subdivision 4; 124A.03, subdivisions 2b, 3b, and by adding a subdivision; 124A.0311, subdivision 3; 124A.035, subdivision 4; 124A.036, by adding a subdivision; 124A.22, by adding a subdivision; 124A.26, subdivision 1; 125.05, subdivision 1a, and by adding a subdivision; 125.09, subdivision 4; 125.1385, subdivision 1; 125.185, subdivision 4; 125.60, subdivision 2; 125.611, subdivision 1; 126.151, subdivision 2; 127.29, subdivision 2; 134.34, by adding a subdivision; 136D.23, subdivision 1; 136D.83, subdivision 1; 144.4165; 169.4504, by adding a subdivision; and 256.736, subdivision 11; Minnesota Statutes 1995 Supplement, sections 13.46, subdivision 2; 43A.316, subdivision 2; 65B.132; 120.064, subdivision 9; 120.1045; 120.17, subdivisions 3a, 3b, and 6; 120.1701, subdivision 20; 120.181; 120.74, subdivision 1; 121.11, subdivision 7c; 121.15, subdivision 1; 121.904, subdivisions 4a and 4c; 121.911, subdivision 5; 121.917, subdivision 4; 121.935, subdivision 1a; 123.3514, subdivisions 6 and 6b; 124.155, subdivision 2; 124.17, subdivisions 1 and 1d; 124.195, subdivision 12; 124.223, subdivision 4; 124.225, subdivisions 8l, 14, 16, and 17; 124.227; 124.243, subdivision 2; 124.2445; 124.2455; 124.248, subdivisions 1, 1a, 2, and 3; 124.273, subdivisions 1c and 1d; 124.314, subdivision 2; 124.32, subdivision 12; 124.3201, subdivisions 1, 2, 3, and by adding subdivisions; 124.3202; 124.323, subdivisions 1 and 2; 124.574, subdivisions 2f and 2g; 124.71, subdivision 2; 124.912, subdivision 1; 124.961; 124A.0311, subdivision 2; 124A.22, subdivisions 2a, 10, and 13b; 124A.23, subdivision 4; 124C.74, subdivisions 2 and 3; 125.05, subdivision 1; 126.12, subdivision 2; 126.151, subdivision 1; 126.22, subdivisions 2 and 5; 126.70, subdivision 1; 134.46; 169.01, subdivision 6; 237.065; and 631.40, subdivision 1a; Laws 1993, chapter 224, article 1, section 34; article 12, sections 32, as amended; 39, as amended; and 41, as amended; Laws 1995, First Special Session chapter 3, article 1, sections 61; and 63; article 3, section 19, subdivision 15; article 4, section 29, subdivision 5; article 5, section 20, subdivisions 5 and 6; article 6, section 17, subdivisions 2, 4, and by adding subdivisions; article 8, sections 25, subdivision 2; and 27; article 11, sections 21, subdivision 2; 22; and 23; article 12, sections 8, subdivision 1; and 12, subdivision 7; article 14, section 5; and article 15, section 26, subdivisions 7 and 10; proposing coding for new law in Minnesota Statutes, chapters 120; 121; 123; 124; 124A; 124C; 125; 126; and 136D; repealing Minnesota Statutes 1994, sections 124A.03, subdivision 3b; 124B.02; 124B.10; 124B.20, subdivisions 2 and 3; and 136D.75; Minnesota Statutes 1995 Supplement, sections 120.1045, subdivision 3; 124B.01; 124B.03; and 124B.20, subdivision 1; Minnesota Rules, parts 8700.7700; 8700.7710; 8750.9000; 8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500; 8750.9600; and 8750.9700.

Patrick E. Flahaven, Secretary of the Senate

Johnson, A., moved that the House refuse to concur in the Senate amendments to H. F. No. 2156, that the Speaker appoint a Conference Committee of 5 members of the House, and that the House requests that a like committee be appointed by the Senate to confer on the disagreeing votes of the two houses. The motion prevailed.

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

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

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2857.

S. F. No. 2857 was reported to the House.

Ozment, Sykora, Leppik and Haas moved to amend S. F. 2857, the unofficial engrossment, as follows:

Pages 22 and 23, delete section 37

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Ozment et al amendment and the roll was called.

Pursuant to rule 2.05, Orenstein requested that he be excused from voting on the Ozment et al amendment to S. F. No. 2857, the unofficial engrossment. The request was granted by the Speaker.

There were 76 yeas and 54 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, M.    Swenson, H.
Anderson, B. Finseth      Koppendrayer Onnen        Sykora
Anderson, R. Frerichs     Kraus        Opatz        Tompkins
Bettermann   Girard       Krinkie      Ostrom       Tuma
Bishop       Goodno       Larsen       Ozment       Van Dellen
Boudreau     Gunther      Leppik       Paulsen      Van Engen
Bradley      Haas         Lieder       Pawlenty     Vickerman
Broecker     Hackbarth    Lindner      Pellow       Warkentin
Carlson, S.  Harder       Lynch        Pelowski     Weaver
Commers      Holsten      Macklin      Rhodes       Wolf
Cooper       Huntley      Mares        Rostberg     Worke
Daggett      Johnson, V.  McElroy      Schumacher   Workman 
Dauner       Kelley       Molnau       Seagren      
Davids       Kelso        Mulder       Smith        
Dempsey      Kinkel       Ness         Sviggum      
Dorn         Knight       Olson, E.    Swenson, D.  

Bakk         Garcia       Leighton     Osskopp      Solberg
Bertram      Greenfield   Long         Osthoff      Stanek
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7710

Brown        Greiling     Luther       Otremba      Tomassoni
Carlson, L.  Hasskamp     Mahon        Perlt        Trimble
Carruthers   Hausman      Mariani      Peterson     Tunheim
Clark        Jaros        Marko        Pugh         Wagenius
Dawkins      Jefferson    McGuire      Rest         Wejcman
Dehler       Johnson, A.  Milbert      Rice         Wenzel
Delmont      Johnson, R.  Munger       Rukavina     Winter
Entenza      Kahn         Murphy       Sarna        Sp.Anderson,I
Farrell      Kalis        Orfield      Skoglund     

Molnau moved to amend S. F. No. 2857, the unofficial engrossment, as amended, as follows:

Page 2, delete lines 38 to 44

Correct the section totals and the summaries by fund accordingly

A roll call was requested and properly seconded.

The question was taken on the Molnau amendment and the roll was called. There were 57 yeas and 76 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Olson, M.    Swenson, H.
Anderson, B. Finseth      Kraus        Onnen        Tuma
Bettermann   Frerichs     Krinkie      Osskopp      Van Dellen
Bishop       Girard       Leppik       Paulsen      Van Engen
Boudreau     Goodno       Lindner      Pawlenty     Vickerman
Bradley      Gunther      Lynch        Pellow       Weaver
Broecker     Haas         Macklin      Rhodes       Wolf
Carlson, S.  Hackbarth    Mares        Seagren      Worke
Commers      Harder       McElroy      Smith        Workman 
Daggett      Holsten      Molnau       Stanek       
Davids       Johnson, V.  Mulder       Sviggum      
Dempsey      Knight       Ness         Swenson, D.  

Anderson, R. Greenfield   Larsen       Orenstein    Skoglund
Bakk         Greiling     Leighton     Orfield      Solberg
Bertram      Hasskamp     Lieder       Osthoff      Sykora
Brown        Hausman      Long         Ostrom       Tomassoni
Carlson, L.  Huntley      Lourey       Otremba      Trimble
Carruthers   Jaros        Luther       Ozment       Tunheim
Clark        Jefferson    Mahon        Pelowski     Wagenius
Cooper       Jennings     Mariani      Perlt        Warkentin
Dauner       Johnson, A.  Marko        Peterson     Wejcman
Dawkins      Johnson, R.  McCollum     Pugh         Wenzel
Dehler       Kahn         McGuire      Rest         Winter
Delmont      Kalis        Milbert      Rice         Sp.Anderson,I
Dorn         Kelley       Munger       Rostberg     
Entenza      Kelso        Murphy       Rukavina     
Farrell      Kinkel       Olson, E.    Sarna        
Garcia       Knoblach     Opatz        Schumacher   

Girard moved to amend S. F. No. 2857, the unofficial engrossment, as amended, as follows:

Pages 23 to 26, delete section 38

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Sviggum raised a point of order pursuant to section 124, paragraph 3, of "Mason's Manual of Legislative Procedure" relating to personalities not permitted in debate. The Speaker ruled the point of order not well taken.

The question recurred on the Girard amendment and the roll was called. There were 57 yeas and 72 nays as follows:

Those who voted in the affirmative were:

Abrams       Dehler       Johnson, V.  Olson, M.    Tuma
Anderson, B. Dempsey      Knight       Onnen        Van Dellen
Anderson, R. Erhardt      Knoblach     Opatz        Van Engen
Bertram      Finseth      Koppendrayer Paulsen      Vickerman
Bettermann   Frerichs     Krinkie      Pawlenty     Warkentin
Boudreau     Girard       Lindner      Pellow       Weaver
Bradley      Goodno       Lynch        Schumacher   Wolf
Broecker     Greiling     Macklin      Seagren      Worke
Commers      Gunther      Mares        Sviggum      Workman 
Daggett      Haas         Molnau       Swenson, D.  
Dauner       Hackbarth    Mulder       Swenson, H.  
Davids       Harder       Olson, E.    Sykora       

Bakk         Huntley      Long         Osskopp      Smith
Carlson, L.  Jaros        Lourey       Osthoff      Solberg
Carlson, S.  Jefferson    Luther       Ostrom       Stanek
Carruthers   Johnson, A.  Mahon        Otremba      Tomassoni
Clark        Johnson, R.  Mariani      Ozment       Tompkins
Cooper       Kahn         Marko        Pelowski     Trimble
Dawkins      Kalis        McCollum     Peterson     Tunheim
Delmont      Kelley       McElroy      Pugh         Wagenius
Dorn         Kelso        McGuire      Rest         Wejcman
Entenza      Kinkel       Milbert      Rhodes       Wenzel
Farrell      Kraus        Munger       Rice         Winter
Garcia       Larsen       Murphy       Rostberg     Sp.Anderson,I
Greenfield   Leighton     Ness         Rukavina     
Hasskamp     Leppik       Orenstein    Sarna        
Hausman      Lieder       Orfield      Skoglund     

Osthoff and Osskopp offered an amendment to S. F. No. 2857, the unofficial engrossment, as amended.

Sviggum raised a point of order pursuant to rule 3.09 that the Osthoff and Osskopp amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.

Osskopp moved to amend S. F. No. 2857, the unofficial engrossment, as amended, as follows:

Page 35, line 32, strike "$1,450,000" and insert "$1,300,000"

Page 36, line 28, after "and" strike "$150,000" and insert "$300,000"

A roll call was requested and properly seconded.

Rukavina moved to amend the Osskopp amendment to S. F. No. 2857, the unofficial engrossment, as amended, as follows:

Page 1, line 3, delete "32" and insert "30" and delete "$1,450,000 and insert "$3,054,000"

Page 1, line 4, delete "$1,300,000" and insert "$3,204,000"

Weaver raised a point of order pursuant to section 161 of "Mason's Manual of Legislative Procedure" relating to main motions that may not be renewed. The Speaker ruled the point of order not well taken and the amendment in order.

The question recurred on the amendment to the amendment and the roll was called. There were 73 yeas and 59 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Frerichs     Kelso        Olson, E.    Schumacher
Bakk         Garcia       Kinkel       Opatz        Skoglund
Bertram      Greenfield   Leighton     Orenstein    Smith
Bishop       Greiling     Lieder       Orfield      Solberg
Brown        Hasskamp     Long         Osthoff      Tomassoni
Carlson, L.  Hausman      Lourey       Ostrom       Trimble
Carruthers   Huntley      Luther       Otremba      Tuma
Clark        Jaros        Mahon        Pelowski     Tunheim
Cooper       Jefferson    Mariani      Perlt        Wagenius
Dauner       Johnson, A.  Marko        Peterson     Wejcman
Dawkins      Johnson, R.  McCollum     Pugh         Wenzel
Delmont      Johnson, V.  McGuire      Rest         Winter
Dorn         Kahn         Milbert      Rice         Sp.Anderson,I
Entenza      Kalis        Munger       Rukavina     
Farrell      Kelley       Murphy       Sarna        

Abrams       Erhardt      Kraus        Olson, M.    Swenson, D.
Anderson, B. Finseth      Krinkie      Onnen        Swenson, H.
Bettermann   Girard       Larsen       Osskopp      Sykora
Boudreau     Goodno       Leppik       Ozment       Tompkins
Bradley      Gunther      Lindner      Paulsen      Van Dellen
Broecker     Haas         Lynch        Pawlenty     Van Engen
Carlson, S.  Hackbarth    Macklin      Pellow       Vickerman
Commers      Harder       Mares        Rhodes       Weaver
Daggett      Holsten      McElroy      Rostberg     Wolf
Davids       Knight       Molnau       Seagren      Worke
Dehler       Knoblach     Mulder       Stanek       Workman 
Dempsey      Koppendrayer Ness         Sviggum      

The question recurred on the Osskopp amendment, as amended, and the roll was called. There were 82 yeas and 50 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Frerichs     Kelso        Ness         Sarna
Bakk         Garcia       Kinkel       Olson, E.    Schumacher
Bertram      Greenfield   Kraus        Opatz        Skoglund
Bishop       Greiling     Larsen       Orenstein    Smith
Brown        Gunther      Leighton     Orfield      Solberg
Carlson, L.  Hasskamp     Lieder       Osskopp      Tomassoni
Carruthers   Hausman      Long         Osthoff      Trimble
Clark        Holsten      Lourey       Ostrom       Tuma
Cooper       Huntley      Luther       Otremba      Tunheim
Dauner       Jaros        Mahon        Perlt        Wagenius
Dawkins      Jefferson    Mariani      Peterson     Wejcman
Delmont      Johnson, A.  Marko        Pugh         Wenzel
Dorn         Johnson, R.  McCollum     Rest         Winter
Entenza      Johnson, V.  McGuire      Rhodes       Sp.Anderson,I
Erhardt      Kahn         Milbert      Rice         
Farrell      Kalis        Munger       Rostberg     
Finseth      Kelley       Murphy       Rukavina     

Abrams       Dehler       Krinkie      Onnen        Sykora
Anderson, B. Dempsey      Leppik       Ozment       Tompkins
Bettermann   Girard       Lindner      Paulsen      Van Dellen
Boudreau     Goodno       Lynch        Pawlenty     Van Engen
Bradley      Haas         Macklin      Pellow       Vickerman
Broecker     Hackbarth    Mares        Seagren      Warkentin
Carlson, S.  Harder       McElroy      Stanek       Weaver
Commers      Knight       Molnau       Sviggum      Wolf
Daggett      Knoblach     Mulder       Swenson, D.  Worke
Davids       Koppendrayer Olson, M.    Swenson, H.  Workman 

Kahn moved to amend S. F. No. 2857, the unofficial engrossment, as amended, as follows:

Page 22, after line 28, insert:

"Sec. 37. Minnesota Statutes 1995 Supplement, section 116G.15, is amended to read:

116G.15 [MISSISSIPPI RIVER CRITICAL AREA.]

(a) The federal Mississippi National River and Recreation Area established pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of critical concern in accordance with this chapter. The governor shall review the existing Mississippi river critical area plan and specify any additional standards and guidelines to affected communities in accordance with section 116G.06, subdivision 2, paragraph (b), clauses (3) and (4), needed to insure preservation of the area pending the completion of the federal plan.

The results of an environmental impact statement prepared under chapter 116D begun before and completed after July 1, 1994, for a proposed project that is located in the Mississippi river critical area north of the United States Army Corps of Engineers Lock and Dam Number One must be submitted in a report to the chairs of the environment and natural resources policy and finance committees of the house of representatives and the senate prior to the issuance of any state or local permits and the authorization for an issuance of any bonds for the project. A report made under this paragraph shall be submitted by the responsible governmental unit that prepared the environmental impact statement, and must list alternatives to the project that are determined by the environmental impact statement to be economically less expensive and environmentally superior to the proposed project and identify any legislative actions that may assist in the implementation of environmentally superior alternatives. This paragraph does not apply to a proposed project to be carried out by the metropolitan council or a metropolitan agency as defined in section 473.121.

(b) If the results of an environmental impact statement required to be submitted by paragraph (a) indicate that there is an economically less expensive and environmentally superior alternative, then no member agency of the environmental quality board shall issue a permit for the facility that is the subject of the environmental impact statement, other than an economically less expensive and environmentally superior alternative, nor shall any government bonds be issued for the facility, other than an economically less expensive and environmentally superior alternative, until after the legislature has adjourned its regular session sine die in 1996 1997."

A roll call was requested and properly seconded.

The question was taken on the Kahn amendment and the roll was called.

Pursuant to rule 2.05, Orenstein requested that he be excused from voting on the Kahn amendment to S. F. No. 2857, the unofficial engrossment, as amended. The request was granted by the Speaker.

There were 63 yeas and 67 nays as follows:

Those who voted in the affirmative were:

Bakk         Farrell      Knoblach     Orfield      Schumacher
Bertram      Garcia       Leighton     Osskopp      Skoglund
Bishop       Greenfield   Long         Osthoff      Solberg
Carlson, L.  Greiling     Lourey       Ostrom       Tomassoni
Carruthers   Hasskamp     Luther       Otremba      Trimble
Clark        Hausman      Mahon        Perlt        Tunheim
Cooper       Jaros        Mariani      Peterson     Wagenius
Dauner       Jefferson    Marko        Pugh         Wejcman
Dawkins      Johnson, A.  McCollum     Rest         Wenzel
Dehler       Johnson, R.  McGuire      Rhodes       Winter
Delmont      Kahn         Milbert      Rice         Sp.Anderson,I
Dorn         Kalis        Munger       Rukavina     
Entenza      Kinkel       Murphy       Sarna        

Abrams       Finseth      Kraus        Olson, M.    Sykora
Anderson, B. Frerichs     Krinkie      Onnen        Tompkins
Anderson, R. Girard       Larsen       Opatz        Tuma
Bettermann   Goodno       Leppik       Ozment       Van Dellen
Boudreau     Gunther      Lieder       Paulsen      Van Engen
Bradley      Haas         Lindner      Pawlenty     Vickerman
Broecker     Hackbarth    Lynch        Pellow       Warkentin
Brown        Harder       Macklin      Rostberg     Weaver
Carlson, S.  Holsten      Mares        Seagren      Wolf
Commers      Huntley      McElroy      Smith        Worke
Daggett      Johnson, V.  Molnau       Stanek       Workman 
Davids       Kelso        Mulder       Sviggum      
Dempsey      Knight       Ness         Swenson, D.  
Erhardt      Koppendrayer Olson, E.    Swenson, H.  

Bertram; Johnson, R.; Smith and Jefferson moved to amend S. F. No. 2857, the unofficial engrossment, as amended, as follows:

Page 35, line 6, delete "determined by the state auditor to be"

The motion prevailed and the amendment was adopted.

Olson, M., offered an amendment to S. F. No. 2857, the unofficial engrossment, as amended.

Rukavina raised a point of order pursuant to rule 3.09 that the Olson, M., amendment was not in order. The Speaker ruled the point of order well taken and the amendment out of order.

Krinkie moved to amend S. F. No. 2857, the unofficial engrossment, as amended, as follows:

Page 2, line 56, delete "4,397,000" and insert "3,397,000"

Page 2, line 57, delete "$4,397,000" and insert "$3,397,000"

Correct the subdivision and section totals and the summaries by fund accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 2857, A bill for an act relating to the organization and operation of state government; appropriating money for the general administrative expenses of state government; amending Minnesota Statutes 1994, sections 8.15, by adding a subdivision; 16D.02, subdivision 2; 16D.03, subdivisions 2 and 3; 16D.04, subdivision 2; 16D.09; 69.021, subdivision 4, and by adding subdivisions; 69.031, subdivisions 1 and 5; 144C.03, subdivision 2; 363.071, subdivision 7; and 423A.02, by adding a subdivision; Minnesota Statutes 1995 Supplement, sections 16D.02, subdivision 8; 16D.04, subdivision 1; 16D.06, subdivision 2; 16D.08, subdivision 2; 16D.11, subdivisions 1 and 7; and 16D.12; proposing coding for new law in Minnesota Statutes, chapter 16A; repealing Minnesota Statutes 1995 Supplement, section 353.65, subdivision 7.

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

The question was taken on the passage of the bill and the roll was called. There were 88 yeas and 45 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greenfield   Krinkie      Olson, E.    Rukavina
Bakk         Greiling     Larsen       Onnen        Sarna
Bertram      Hackbarth    Leighton     Opatz        Schumacher
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7714

Bishop       Harder       Lieder       Orenstein    Seagren
Broecker     Hasskamp     Long         Orfield      Skoglund
Brown        Hausman      Lourey       Osskopp      Solberg
Carlson, L.  Huntley      Luther       Osthoff      Stanek
Carruthers   Jaros        Mahon        Ostrom       Swenson, D.
Clark        Jefferson    Mares        Otremba      Tomassoni
Cooper       Johnson, A.  Mariani      Ozment       Trimble
Dauner       Johnson, R.  Marko        Pelowski     Tunheim
Davids       Johnson, V.  McCollum     Perlt        Wagenius
Dawkins      Kahn         McElroy      Peterson     Wejcman
Delmont      Kalis        McGuire      Pugh         Wenzel
Dorn         Kelley       Milbert      Rest         Winter
Entenza      Kelso        Munger       Rhodes       Sp.Anderson,I
Farrell      Kinkel       Murphy       Rice         
Garcia       Knoblach     Ness         Rostberg     

Abrams       Dempsey      Knight       Olson, M.    Tuma
Anderson, B. Erhardt      Koppendrayer Paulsen      Van Dellen
Bettermann   Finseth      Kraus        Pawlenty     Van Engen
Boudreau     Frerichs     Leppik       Pellow       Vickerman
Bradley      Girard       Lindner      Smith        Warkentin
Carlson, S.  Goodno       Lynch        Sviggum      Weaver
Commers      Gunther      Macklin      Swenson, H.  Wolf
Daggett      Haas         Molnau       Sykora       Worke
Dehler       Holsten      Mulder       Tompkins     Workman 

Osthoff and Pugh were excused between the hours of 5:00 p.m. and 6:30 p.m.

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

Carruthers from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 2568, A bill for an act relating to education; appropriating money to reduce tuition rates.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means without further recommendation.

The report was adopted.

Carruthers from the Committee on Rules and Legislative Administration to which was referred:

H. F. No. 2840, A bill for an act relating to capital improvements; transportation facility projects; appropriating money to be spent to acquire and to better public land and buildings and other public improvements of a capital nature.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Capital Investment without further recommendation.

The report was adopted.

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

H. F. No. 3242, A bill for an act relating to criminal justice; appropriating money for the judicial branch, public safety, corrections, criminal justice, crime prevention programs, and other related purposes; providing for community notification of the release of certain sex offenders, expanding the sex offender registration act; reconciling various

provisions on criminal history background checks; implementing, clarifying, and modifying certain criminal and juvenile provisions; implementing, clarifying, and modifying certain penalty provisions; establishing and expanding pilot programs, grant programs, task forces, committees, and studies; providing for the retention of consultants; amending Minnesota Statutes 1994, sections 8.01; 15.86, by adding a subdivision; 84.91, by adding a subdivision; 86B.331, by adding a subdivision; 144A.46, subdivision 5; 168.041, subdivision 6; 168.042, subdivisions 8, 12, and by adding a subdivision; 169.121, subdivisions 2, 3, and 4; 169.123, subdivision 4; 171.17, subdivision 1; 171.29, subdivision 1; 171.30, subdivisions 1 and 2a; 181.9412; 244.17, subdivision 2, and by adding a subdivision; 244.172, subdivision 2; 268.30, subdivision 2; 299A.35, as amended; 609.115, by adding a subdivision; 609.52, subdivision 2; 611.271; 611A.25, subdivision 3; and 611A.361, subdivision 3; Minnesota Statutes 1995 Supplement, sections 16B.181; 144.057, subdivisions 1, 3, and 4; 171.29, subdivision 2; 243.166, subdivisions 1 and 7; 245A.04, subdivision 3; 299A.326, subdivision 1; 299C.67, subdivision 5; 299C.68, subdivisions 2, 5, and 6; and 609.2325, subdivision 3; Laws 1995, chapter 229, article 3, section 17; proposing coding for new law in Minnesota Statutes, chapters 168; 168A; 244; 299A; and 609.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]

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

1996 1997 TOTAL

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

Trunk Highway 19,000 -0- 19,000

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

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

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

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

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

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

This is a one-time appropriation.

Sec. 4. PUBLIC SAFETY

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

Summary by Fund

1996 1997

General 464,000 3,070,000

Trunk Highway19,000 -0-

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

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

Subd. 2. Emergency Management

483,000 30,000

Summary by Fund

General 464,000 30,000

Trunk Highway19,000 -0-

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

Subd. 3. Criminal Apprehension

-0- 380,000

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

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

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

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

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

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

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

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

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

Sec. 6. CORRECTIONS

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

Subd. 2. Structural Deficiency

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

Subd. 3. Correctional Institutions

-0- 1,360,000

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

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

Subd. 4. Community Services

-0- 2,995,000

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

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

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

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

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

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

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

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

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

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

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

Subd. 5. Management Services

-0- 4,000

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

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

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

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

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

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

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

Sec. 8. HEALTH -0- 200,000

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

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

$400,000 is appropriated for the fiscal year ending June 30, 1997, to the commissioner of economic security to be used for grants to youth intervention programs under Minnesota Statutes, section 268.30. One-half of the appropriation shall be used for grants to programs operating within the seven-county metropolitan area and one-half of the appropriation shall be used for programs operating outside of the seven-county metropolitan area. This is a one-time appropriation.

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

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

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

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

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

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

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

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

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

(1) juvenile restitution;

(2) prearrest or pretrial diversion;

(3) probation innovation;

(4) teen courts;

(5) community service;

(6) truancy prevention;

(7) curfew enforcement; or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) in revitalizing targeted neighborhoods economically and physically;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 8. [ADVERTISING CAMPAIGN.]

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

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

Subd. 2a. [LATER PRODUCTION OF PROOF BY DRIVER WHO IS OWNER.] A driver who is the owner of the vehicle may, within ten days after the demand no later than the date and time specified in the citation for the driver's first court appearance, produce proof of insurance stating that security had been provided for the vehicle that was being operated at the time of the demand to the court administrator. The required proof of insurance may be sent by mail by the driver as long as it is received within ten days no later than the date and time specified in the citation for the driver's first court appearance. If a citation is issued, no person shall be convicted of violating this section if the court administrator receives the required proof of insurance within ten days of the issuance of the citation no later than the date and time specified in the citation for the driver's first court appearance. If the charge is made other than by citation, no person shall be convicted of violating this section if the person presents the required proof of insurance at the person's first court appearance after the charge is made.

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

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

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

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

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

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

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

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

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

Subd. 3. [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the driver is not the owner of the vehicle, then the driver shall provide the officer with the name and address of the owner at the time of the demand or shall within ten days of the officer's demand, no later than the date and time specified in the citation for the driver's first court appearance, provide the district court administrator with proof of insurance or the name and address of the owner. Upon receipt of the owner's name and address, the district court administrator shall forward the information to the law enforcement agency. If the name and address received from the driver do not match information available to the district court administrator, the district court administrator shall notify the law enforcement agency of the discrepancy.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

609.20 [MANSLAUGHTER IN THE FIRST DEGREE.]

Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) The assessment report must include:

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

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

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

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

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

Subd. 3. [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME LIMITS.] A domestic abuse assessment required by this section must be conducted by an assessor approved by the court, the local corrections department, or the commissioner of corrections. The assessor shall have access to any police reports, or other law enforcement data relating to the current offense or previous offenses that are necessary to complete the evaluation. An assessor providing an assessment under this section may not have any direct or shared financial interest or referral relationship resulting in shared financial gain with a treatment provider. An appointment for the defendant to undergo the assessment shall be made by the court, a court services probation officer, or court administrator as soon as possible but in no case more than one week after the defendant's court appearance. The assessment must be completed no later than three weeks after the defendant's court date.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subdivision 1. [DEFINITIONS.] In this section:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.]

Except as provided in section 609.582, subdivision 1a, in determining an appropriate disposition for a first offense of burglary of a dwelling, the court shall presume that a stay of execution with at least a 90-day period of incarceration as a condition of probation shall be imposed unless the defendant's criminal history score determined according to the sentencing guidelines indicates a presumptive executed sentence, in which case the presumptive executed sentence shall be imposed unless the court departs from the sentencing guidelines pursuant to section 244.10. A stay of imposition of sentence may be granted only if accompanied by a statement on the record of the reasons for it. The presumptive period of incarceration may be waived in whole or in part by the court if the defendant provides restitution or performs community work service.

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

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

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

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

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

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

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

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

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

609.611 [DEFRAUDING INSURER INSURANCE FRAUD.]

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

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

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

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

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

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

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

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

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

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

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

(2) an application for certificate of authority;

(3) the financial condition of an insurer; or

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

(c) Solicits or accepts new or renewal insurance risks by or for an insolvent insurer;

(d) Removes the assets or any record of assets, transactions, and affairs or any material part thereof, from the home office or other place of business of an insurer, or from the place of safekeeping of an insurer, or destroys or sequesters the same from the department of commerce.

(e) Diverts, misappropriates, converts, or embezzles funds of an insurer, insured, claimant, or applicant for insurance in connection with:

(1) an insurance transaction;

(2) the conducting of business activities by an insurer or insurance professional; or

(3) the acquisition, formation, merger, affiliation, or dissolution of any insurer.

Subd. 2. [DEFRAUD; FALSE LOSS CLAIM STATUTE OF LIMITATIONS.] Whoever intentionally makes a claim to an insurance company that personal property was lost, stolen, damaged, destroyed, misplaced, or disappeared, knowing the claim to be false may be sentenced as provided in section 609.52, subdivision 3. The applicable statute of limitations provision under section 628.26 shall not begin to run until the insurance company or law enforcement agency is aware of the fraud, but in no event may the prosecution be commenced later than seven years after the claim was made act has occurred.

Subd. 3. [SENTENCE.] Whoever violates this provision may be sentenced as provided in section 609.52, subdivision 3, based on the greater of (i) the value of property, services, or other benefit wrongfully obtained or attempted to obtain, or (ii) the aggregate economic loss suffered by any person as a result of the violation. A person convicted of a violation of this section must be ordered to pay restitution to persons aggrieved by the violation. Restitution must be ordered in addition to a fine or imprisonment but not in lieu of a fine or imprisonment.

Subd. 4. [DEFINITIONS.] (a) "Insurance policy" means the written instrument in which are set forth the terms of any certificate of insurance, binder of coverage, or contract of insurance (including a certificate, binder, or contract issued by a state-assigned risk plan); benefit plan; nonprofit hospital service plan; motor club service plan; or surety bond, cash bond, or any other alternative to insurance authorized by a state's financial responsibility act.

(b) "Insurance professional" means sales agents, agencies, managing general agents, brokers, producers, claims representatives, adjusters, and third-party administrators.

(c) "Insurance transaction" means a transaction by, between or among: (1) an insurer or a person who acts on behalf of an insurer; and (2) an insured, claimant, applicant for insurance, public adjuster, insurance professional, practitioner, or any person who acts on behalf of any of the foregoing, for the purpose of obtaining insurance or reinsurance, calculating insurance premiums, submitting a claim, negotiating or adjusting a claim, or otherwise obtaining insurance, self-insurance, or reinsurance or obtaining the benefits thereof or therefrom.

(d) "Insurer" means a person purporting to engage in the business of insurance or authorized to do business in the state or subject to regulation by the state, who undertakes to indemnify another against loss, damage or liability arising from a contingent or unknown event. Insurer includes, but is not limited to, an insurance company; self-insurer; reinsurer; reciprocal exchange; interinsurer; risk retention group; Lloyd's insurer; fraternal benefit society; surety; medical service, dental, optometric, or any other similar health service plan; and any other legal entity engaged or purportedly engaged in the business of insurance, including any person or entity that falls within the definition of insurer found within section 60A.951, subdivision 5.

(e) "Premium" means consideration paid or payable for coverage under an insurance policy. Premium includes any payment, whether due within the insurance policy term or otherwise, and any deductible payment, whether advanced by the insurer or insurance professional and subject to reimbursement by the insured or otherwise, any self insured retention or payment, whether advanced by the insurer or insurance professional and subject to reimbursement by the insured or otherwise, and any collateral or security to be provided to collateralize obligations to pay any of the above.

(f) "Premium finance company" means a person engaged or purporting to engage in the business of advancing money, directly or indirectly, to an insurer or producer at the request of an insured under the terms of a premium finance agreement, including but not limited to, loan contracts, notes, agreements or obligations, wherein the insured has assigned the unearned premiums, accrued dividends, or loss payments as security for such advancement in payment of premiums on insurance policies only, but does not include the financing of insurance premiums purchased in connection with the financing of goods or services.

(g) "Premium finance transaction" means a transaction by, between, or among an insured, a producer or other party claiming to act on behalf of an insured and a third-party premium finance company, for the purposes of purportedly or actually advancing money directly or indirectly to in insurer or producer at the request of an insured under the terms of a premium finance agreement, wherein the insured has assigned the unearned premiums, accrued dividends or loan payments as security for such advancement in payment of premiums on insurance policies only, but does not include the financing of insurance premiums purchased in connection with the financing of goods or services.

Sec. 31. Minnesota Statutes 1995 Supplement, section 617.23, is amended to read:

617.23 [INDECENT EXPOSURE; PENALTIES.]

(a) A person is guilty of a misdemeanor who in any public place, or in any place where others are present:

(1) willfully and lewdly exposes the person's body, or the private parts thereof;

(2) procures another to expose private parts; or

(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in clause (1) or (2) or this clause.

(b) A person is guilty of a gross misdemeanor if:

(1) the person violates this section in the presence of a minor under the age of 16; or

(2) the person violates this section after having been previously convicted of violating this section, sections 609.342 to 609.3451, or a statute from another state in conformity with any of those sections.

(c) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person violates paragraph (b), clause (1), after having been previously convicted of or adjudicated delinquent for violating paragraph (b), clause (1); section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity with paragraph (b), clause (1), or section 609.3451, subdivision 1, clause (2).

Sec. 32. [INSURANCE FRAUD REVOLVING ACCOUNT.]

The attorney general shall deposit in a separate account in the state treasury all money voluntarily contributed by insurance companies for the investigation and prosecution of insurance fraud. Money in the account is appropriated to the attorney general for that purpose.

Sec. 33. [REPEALER.]

Minnesota Statutes 1994, section 609.495, subdivision 2, is repealed.

Sec. 34. [EFFECTIVE DATE.]

Sections 1 to 8 are effective August 1, 1996, and apply to demands for proof of insurance made on or after that date.

Sections 9 to 26 and 28 to 33 are effective August 1, 1996, and apply to offenses committed on or after that date.

Section 27 is effective August 1, 1996.

Section 1. Minnesota Statutes 1995 Supplement, section 518B.01, subdivision 14, is amended to read:

Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) Whenever an order for protection is granted pursuant to this section, and the respondent or person to be restrained knows of the order, violation of the order for protection is a misdemeanor. Upon conviction, the defendant must be sentenced to a minimum of three days imprisonment and must be ordered to participate in counseling or other appropriate programs selected by the court. If the court stays imposition or execution of the jail sentence and the defendant refuses or fails to comply with the court's treatment order, the court must impose and execute the stayed jail sentence. A person is guilty of a gross misdemeanor who violates this paragraph during the time period between a previous conviction under this paragraph; sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state and the end of the five years following discharge from sentence for that conviction. Upon conviction, the defendant must be sentenced to a minimum of ten days imprisonment and must be ordered to participate in counseling or other appropriate programs selected by the court. Notwithstanding section 609.135, the court must impose and execute the minimum sentence provided in this paragraph for gross misdemeanor convictions.

(b) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order granted pursuant to this section restraining the person or excluding the person from the residence or the petitioner's place of employment, even if the violation of the order did not take place in the presence of the peace officer, if the existence of the order can be verified by the officer. The person shall be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this paragraph is immune from civil liability that might result from the officer's actions.

(c) A violation of an order for protection shall also constitute contempt of court and be subject to the penalties therefor.

(d) If the court finds that the respondent has violated an order for protection and that there is reason to believe that the respondent will commit a further violation of the provisions of the order restraining the respondent from committing acts of domestic abuse or excluding the respondent from the petitioner's residence, the court may require the respondent to acknowledge an obligation to comply with the order on the record. The court may require a bond sufficient to deter the respondent from committing further violations of the order for protection, considering the financial resources of the respondent, and not to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the obligation or post a bond under this paragraph, the court shall commit the respondent to the county jail during the term of the order for protection or until the respondent complies with the order under this paragraph. The warrant must state the cause of commitment, with the sum and time for which any bond is required. If an order is issued under this paragraph, the court may order the costs of the contempt action, or any part of them, to be paid by the respondent. An order under this paragraph is appealable.

(e) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested party designated by the court, alleging that the respondent has violated any order for protection granted pursuant to this section, the court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days why the respondent should not be found in contempt of court and punished therefor. The hearing may be held by the court in any county in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. The court also shall refer the violation of the order for protection to the appropriate prosecuting authority for possible prosecution under paragraph (a).

(f) If it is alleged that the respondent has violated an order for protection issued under subdivision 6 and the court finds that the order has expired between the time of the alleged violation and the court's hearing on the violation, the court may grant a new order for protection under subdivision 6 based solely on the respondent's alleged violation of the prior order, to be effective until the hearing on the alleged violation of the prior order. If the court finds that the respondent has violated the prior order, the relief granted in the new order for protection shall be extended for a fixed period, not to exceed one year, except when the court determines a longer fixed period is appropriate.

(g) The admittance into petitioner's dwelling of an abusing party excluded from the dwelling under an order for protection is not a violation by the petitioner of the order for protection.

A peace officer is not liable under section 609.43, clause (1), for a failure to perform a duty required by paragraph (b).

(h) When a person is convicted of violating an order for protection under this section and the court determines that the person used a firearm in any way during commission of the violation, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(i) Except as otherwise provided in paragraph (h), when a person is convicted of violating an order for protection under this section, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that defendant.

(j) Except as otherwise provided in paragraph (h), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1996, of violating an order for protection under this section, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.

(k) If the court determines that a person convicted of violating an order for protection under this section owns or possesses a firearm and used it in any way during the commission of the violation, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

Sec. 2. Minnesota Statutes 1994, section 609.035, subdivision 1, is amended to read:

Subdivision 1. Except as provided in subdivision 2, subdivision 3, and in sections 609.251, 609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, if a person's conduct constitutes more than one offense under the laws of this state, the person may be punished for only one of the offenses and a conviction or acquittal of any one of them is a bar to prosecution for any other of them. All the offenses, if prosecuted, shall be included in one prosecution which shall be stated in separate counts.

Sec. 3. Minnesota Statutes 1994, section 609.035, is amended by adding a subdivision to read:

Subd. 3. [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding section 609.04, a prosecution for or conviction of a violation of section 609.165, 624.713, subdivision 1, clause (a) or (b), or 624.714, subdivision 1, is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct. Imposition of a sentence, whether executed or stayed, for a violation of section 609.165, 624.713, subdivision 1, clause (a) or (b), or 624.714, subdivision 1, that is consecutive to a sentence imposed for another crime does not constitute a departure from the sentencing guidelines.

Sec. 4. Minnesota Statutes 1994, section 609.11, subdivision 9, is amended to read:

Subd. 9. [APPLICABLE OFFENSES.] The crimes for which mandatory minimum sentences shall be served as provided in this section are: murder in the first, second, or third degree; assault in the first, second, or third degree; burglary; kidnapping; false imprisonment; manslaughter in the first or second degree; aggravated robbery; simple robbery; criminal sexual conduct under the circumstances described in sections 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) to (e) and (h) to (j); escape from custody; arson in the first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e; possession or other unlawful use of a firearm in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (a) or (b), a felony violation of chapter 152; or any attempt to commit any of these offenses.

Sec. 5. Minnesota Statutes 1995 Supplement, section 609.152, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] (a) As used in this section, the following terms have the meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; and 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more.

Sec. 6. Minnesota Statutes 1994, section 609.165, subdivision 1a, is amended to read:

Subd. 1a. [CERTAIN CONVICTED FELONS INELIGIBLE TO POSSESS FIREARMS.] The order of discharge must provide that a person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive: (1) a pistol or semiautomatic military-style assault weapon for the remainder of the person's lifetime; or (2) any other type of firearm until ten years have elapsed since the person was restored to civil rights and during that time the person was not convicted of any other crime of violence. Any person who has received such a discharge and who thereafter has received a relief of disability under United States Code, title 18, section 925, shall not be subject to the restrictions of this subdivision.

Sec. 7. Minnesota Statutes 1994, section 609.165, subdivision 1b, is amended to read:

Subd. 1b. [VIOLATION AND PENALTY.] (a) Any person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses, or receives a pistol or semiautomatic military-style assault weapon at any time, or who ships, transports, possesses, or receives any other type of firearm

in violation of subdivision 1a before ten years have elapsed since the person was restored to civil rights, commits a felony and may be sentenced to imprisonment for not more than three 20 years or to payment of a fine of not more than $6,000 $35,000, or both.

(b) Nothing in this section shall be construed to bar a conviction and sentencing for a violation of section 624.713, subdivision 1, clause (b) 2.

(c) When sentencing an offender for violating this section, the court may impose consecutive sentences as permitted in section 609.035, subdivision 3.

Sec. 8. Minnesota Statutes 1995 Supplement, section 609.2242, subdivision 2, is amended to read:

Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision 1:

(1) during the time period between a previous conviction under this section or sections 609.221 to 609.2231, 609.224, 609.342 to 609.345, or 609.713 against a family or household member as defined in section 518B.01, subdivision 2, and the end of the five years following discharge from sentence for that conviction; or

(2) knowing or having reason to know that a child under 18 years of age is present and likely to witness the violation,

is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.

Sec. 9. Minnesota Statutes 1994, section 609.5316, subdivision 3, is amended to read:

Subd. 3. [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons used are contraband and must be summarily forfeited to the appropriate agency upon conviction of the weapon's owner or possessor for a controlled substance crime or; for any offense of this chapter or chapter 624, or for a violation of an order for protection under section 518B.01, subdivision 14. Bullet-resistant vests, as defined in section 609.486, worn or possessed during the commission or attempted commission of a crime are contraband and must be summarily forfeited to the appropriate agency upon conviction of the owner or possessor for a controlled substance crime or for any offense of this chapter. Notwithstanding this subdivision, weapons used and bullet-resistant vests worn or possessed may be forfeited without a conviction under sections 609.531 to 609.5315.

Sec. 10. Minnesota Statutes 1994, section 609.66, subdivision 1a, is amended to read:

Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS DISCHARGE.] (a) Whoever does any of the following is guilty of a felony and may be sentenced as provided in paragraph (b):

(1) sells or has in possession any device designed to silence or muffle the discharge of a firearm;

(2) intentionally discharges a firearm under circumstances that endanger the safety of another; or

(3) recklessly discharges a firearm within a municipality.

(b) A person convicted under paragraph (a) may be sentenced as follows:

(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation of paragraph (a), clause (1) or (3) and was committed in a public housing zone, as defined in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision 14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) otherwise, to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both.

Sec. 11. Minnesota Statutes 1994, section 609.66, subdivision 2, is amended to read:

Subd. 2. [EXCEPTIONS.] Nothing in this section prohibits the possession of the articles mentioned by museums or collectors of art or for other lawful purposes of public exhibition. Nothing in this section prohibits the possession of devices designed to silence or muffle the discharge of a firearm by law enforcement officers in the course of their official duties, or by any other person complying with the requirements of United States Code, title 18, sections 921 to 930.

Sec. 12. Minnesota Statutes 1994, section 609.666, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] For purposes of this section, the following words have the meanings given.

(a) "Firearm" means a device designed to be used as a weapon, from which is expelled a projectile by the force of any explosion or force of combustion.

(b) "Child" means a person under the age of 14 18 years.

(c) "Loaded" means the firearm has ammunition in the chamber or magazine, if the magazine is in the firearm, unless the firearm is incapable of being fired by a child who is likely to gain access to the firearm.

Sec. 13. Minnesota Statutes 1994, section 609.666, is amended by adding a subdivision to read:

Subd. 4. [NO ADMINISTRATIVE SEARCH.] Nothing in this section or other law authorizes a government agency or official, or a person authorized to act on behalf of a government agency or official, to conduct an administrative search of a location without a warrant to determine whether a person is complying with this section.

Sec. 14. Minnesota Statutes 1994, section 609.749, is amended by adding a subdivision to read:

Subd. 8. [STALKING; FIREARMS.] (a) When a person is convicted of a harassment or stalking crime under this section and the court determines that the person used a firearm in any way during commission of the crime, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the conviction, the court shall inform the defendant whether and for how long the defendant is prohibited from possessing a firearm and that it is a gross misdemeanor to violate this paragraph. The failure of the court to provide this information to a defendant does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that defendant.

(b) Except as otherwise provided in paragraph (a), when a person is convicted of a stalking or harassment crime under this section, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for three years from the date of conviction and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a defendant does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that defendant.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1996, of a stalking or harassment crime under this section, unless three years have elapsed from the date of conviction and, during that time, the person has not been convicted of any other violation of this section. Property rights may not be abated but access may be restricted by the courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross misdemeanor.

(d) If the court determines that a person convicted of a stalking or harassment crime under this section owns or possesses a firearm and used it in any way during the commission of the crime, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

Sec. 15. Minnesota Statutes 1994, section 609.855, subdivision 5, is amended to read:

Subd. 5. [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR FACILITY.] Whoever recklessly discharges a firearm at or in any portion of a public transit vehicle or facility is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both. If the transit vehicle or facility is occupied by any person other than the offender, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Sec. 16. Minnesota Statutes 1995 Supplement, section 624.712, subdivision 5, is amended to read:

Subd. 5. [CRIME OF VIOLENCE.] "Crime of violence" includes murder in the first, second, and third degrees, manslaughter in the first and second degrees, aiding suicide, aiding attempted suicide, felony violations of assault in the first, second, third, and fourth degrees, assaults motivated by bias under section 609.2231, subdivision 4, drive by shootings, terroristic threats, use of drugs to injure or to facilitate crime, crimes committed for the benefit of a gang, commission of a crime while wearing or possessing a bullet-resistant vest, simple robbery, aggravated robbery,

kidnapping, false imprisonment, criminal sexual conduct in the first, second, third, and fourth degrees, theft of a firearm, felony theft involving the intentional taking or driving of a motor vehicle without the consent of the owner or the authorized agent of the owner, felony theft involving the taking of property from a burning, abandoned, or vacant building, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle, felony theft involving the theft of a controlled substance, an explosive, or an incendiary device, arson in the first and second degrees, riot, burglary in the first, second, third, and fourth degrees, harassment and stalking, shooting at a public transit vehicle or facility, reckless use of a gun or dangerous weapon, intentionally pointing a gun at or towards a human being, setting a spring gun, and unlawfully owning, possessing, operating a machine gun or short-barreled shotgun, and an attempt to commit any of these offenses, as each of those offenses is defined in chapter 609. "Crime of violence" also includes felony violations of the following: malicious punishment of a child; neglect or endangerment of a child; and chapter 152.

Sec. 17. Minnesota Statutes 1994, section 624.713, subdivision 2, is amended to read:

Subd. 2. [PENALTIES.] (a) A person named in subdivision 1, clause (a) or (b), who possesses a pistol or semiautomatic military-style assault weapon is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. A person named in subdivision 1, clause (b), who possesses any type of firearm is guilty of a felony and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both. A person named in any other clause of subdivision 1 who possesses a pistol or semiautomatic military-style assault weapon any type of firearm is guilty of a gross misdemeanor.

(b) When sentencing an offender for violating this section, the court may impose consecutive sentences as permitted in section 609.035, subdivision 3.

Sec. 18. Minnesota Statutes 1994, section 624.7132, subdivision 8, is amended to read:

Subd. 8. [REPORT NOT REQUIRED.] If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, or if the transferee is a licensed peace officer, as defined in section 626.84, subdivision 1 the transferor need not file a transfer report.

Sec. 19. Minnesota Statutes 1994, section 624.714, subdivision 1, is amended to read:

Subdivision 1. [PENALTY.] (a) A person, other than a law enforcement officer who has authority to make arrests other than citizens arrests, who carries, holds, or possesses a pistol in a motor vehicle, snowmobile or boat, or on or about the person's clothes or the person, or otherwise in possession or control in a public place or public area without first having obtained a permit to carry the pistol is guilty of a gross misdemeanor. A person who is convicted a second or subsequent time is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

(b) A person who has been issued a permit and who engages in activities other than those for which the permit has been issued, is guilty of a misdemeanor.

(c) When sentencing an offender for violating this section, the court may impose consecutive sentences as permitted in section 609.035, subdivision 3.

Sec. 20. Minnesota Statutes 1994, section 624.714, subdivision 5, is amended to read:

Subd. 5. [GRANTING OF PERMITS.] No permit to carry shall be granted to a person unless the applicant:

(a) (1) is not a person prohibited by section 624.713 from possessing a pistol;

(b) (2) is not a person who has been convicted of violating subdivision 1;

(3) provides a firearms safety certificate recognized by the department of natural resources, evidence of successful completion of a test of ability to use a firearm supervised by the chief of police or sheriff or other satisfactory proof of ability to use a pistol safely; and

(c) (4) has an occupation or personal safety hazard requiring a permit to carry.

Sec. 21. Minnesota Statutes 1994, section 624.7141, is amended to read:

624.7141 [TRANSFER TO INELIGIBLE PERSON.]

Subdivision 1. [TRANSFER PROHIBITED.] Except as otherwise provided in subdivision 2, a person is guilty of a gross misdemeanor who intentionally transfers a pistol or semiautomatic military-style assault weapon to another if the person knows that the transferee:

(1) has been denied a permit to carry under section 624.714 because the transferee is not eligible under section 624.713 to possess a pistol or semiautomatic military-style assault weapon;

(2) has been found ineligible to possess a pistol or semiautomatic military-style assault weapon by a chief of police or sheriff as a result of an application for a transferee permit or a transfer report; or

(3) is disqualified under section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.

Subd. 2. [FELONY.] A violation of this section is a felony if:

(1) the transferee is a minor; or

(2) the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence.

Subd. 3. [SUBSEQUENT ELIGIBILITY.] This section is not applicable to a transfer to a person who became eligible to possess a pistol or semiautomatic military-style assault weapon under section 624.713 after the transfer occurred but before the transferee used or possessed the weapon in furtherance of any crime.

Sec. 22. Minnesota Statutes 1994, section 638.02, subdivision 2, is amended to read:

Subd. 2. Any person, convicted of a crime in any court of this state, who has served the sentence imposed by the court and has been discharged of the sentence either by order of court or by operation of law, may petition the board of pardons for the granting of a pardon extraordinary. Unless the board of pardons expressly provides otherwise in writing by unanimous vote, the application for a pardon extraordinary may not be filed until the applicable time period in clause (1) or (2) has elapsed:

(1) if the person was convicted of a crime of violence as defined in section 624.712, subdivision 5, ten years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime; and

(2) if the person was convicted of any crime not included within the definition of crime of violence under section 624.712, subdivision 5, five years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime.

If the board of pardons determines that the person is of good character and reputation, the board may, in its discretion, grant the person a pardon extraordinary. The pardon extraordinary, when granted, has the effect of setting aside and nullifying the conviction and of purging the person of it, and the person shall never after that be required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.

The application for a pardon extraordinary, the proceedings to review an application, and the notice requirements are governed by the statutes and the rules of the board in respect to other proceedings before the board. The application shall contain any further information that the board may require.

Unless the board of pardons expressly provides otherwise in writing by unanimous vote, if the person was convicted of a crime of violence, as defined in section 624.712, subdivision 5, the pardon extraordinary must expressly provide that the pardon does not entitle the person: (1) to ever ship, transport, possess, or receive a pistol or semiautomatic military-style assault weapon; or (2) to ship, transport, possess, or receive any other type of firearm until ten years have elapsed since the sentence was discharged and during that time the person was not convicted of any other crime of violence.

Sec. 23. [EFFECTIVE DATE.]

Sections 1 to 22 are effective August 1, 1996, and apply to offenses committed on or after that date.

Section 1. [LEGISLATIVE FINDINGS AND PURPOSE.]

The legislature finds that if members of the public are provided adequate notice and information about a sex offender who has been or is about to be released from custody and who lives or will live in or near their neighborhood, the community can develop constructive plans to prepare themselves and their children for the offender's release.

Sec. 2. Minnesota Statutes 1995 Supplement, section 243.166, subdivision 1, is amended to read:

Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to violate any of the following, and convicted of or adjudicated delinquent for that offense or of another offense arising out of the same set of circumstances:

(i) murder under section 609.185, clause (2);

(ii) kidnapping under section 609.25, involving a minor victim; or

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; or 609.345; or

(2) the person was charged with or petitioned for using a minor in a sexual performance in violation of section 617.246, or possessing pictorial representations of minors in violation of section 617.247, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances; or

(3) the person was convicted of a predatory crime as defined in section 609.1352, and the offender was sentenced as a patterned sex offender or the court found on its own motion or that of the prosecutor that the crime was part of a predatory pattern of behavior that had criminal sexual conduct as its goal; or

(3) (4) the person was convicted of or adjudicated delinquent for violating a law of the United States similar to the offenses described in clause (1) or, (2), or (3).

(b) A person also shall register under this section if:

(1) the person was convicted of or adjudicated delinquent in another state for an offense that would be a violation of a law described in paragraph (a) if committed in this state;

(2) the person enters and remains in this state for 30 days or longer; and

(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration.

(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 1992, section 526.10, regardless of whether the person was convicted of any offense.

Sec. 3. Minnesota Statutes 1995 Supplement, section 243.166, subdivision 7, is amended to read:

Subd. 7. [USE OF INFORMATION.] Except as otherwise provided in section 244.052, the information provided under this section is private data on individuals under section 13.01, subdivision 12. The information may be used only for law enforcement purposes.

Sec. 4. [244.052] [SEX OFFENDERS; NOTICE.]

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

(1) "accepted for supervision" means accepted from another state under a reciprocal agreement under the interstate compact authorized by section 243.16;

(2) "confinement" means confinement in a state correctional facility or a state treatment facility;

(3) "law enforcement agency" means the law enforcement agency having primary jurisdiction over the location where the offender expects to reside upon release; and

(4) "sex offender" and "offender" mean a person who has been convicted of an offense for which registration under section 243.166 is required or a person who has been committed pursuant to a court commitment order under section 253B.185 or Minnesota Statutes 1992, section 526.10, regardless of whether the person was convicted of any offense.

Subd. 2. [RISK ASSESSMENT SCALE.] By January 1, 1997, the commissioner of corrections shall develop a risk assessment scale which assigns weights to the various risk factors listed in subdivision 3, paragraph (g), and specifies the risk level to which offenders with various risk assessment scores shall be assigned. In developing this scale, the commissioner shall consult with county attorneys, treatment professionals, law enforcement officials, and probation officers.

Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The commissioner of corrections shall establish and administer end-of-confinement review committees at each state correctional facility and at each state treatment facility where sex offenders are confined. The committees shall assess on a case-by-case basis:

(1) the public risk posed by sex offenders who are about to be released from confinement; and

(2) the public risk posed by sex offenders who are accepted from another state under a reciprocal agreement under the interstate compact authorized by section 243.16.

(b) Each committee shall be a standing committee and shall consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional or treatment facility where the offender is currently confined, or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders; and

(5) a representative from a victim advocacy organization. The chief executive officer or head of the facility or designee shall act as chair of the committee and shall use the facility's staff, as needed, to administer the committee, obtain necessary information from outside sources, and prepare risk assessment reports on offenders.

(c) The committee shall have access to the following data on a sex offender only for the purposes of its assessment under this section:

(1) private medical data under section 13.42;

(2) private and confidential court services data under section 13.84;

(3) private and confidential corrections data under section 13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this paragraph may not be disclosed outside the committee.

(d) At least 90 days before a sex offender is to be released from confinement or accepted for supervision, the commissioner of corrections shall convene the appropriate end-of-confinement review committee for the purpose of assessing the risk presented by the offender and determining the risk level to which the offender shall be assigned under paragraph (e). The offender shall be notified of the time and place of the committee's meeting and has a right to be present and be heard at the meeting. The committee shall use the risk factors described in paragraph (g) and the risk assessment scale developed under subdivision 2 to determine the offender's risk assessment score and risk level. Offenders scheduled for release from confinement shall be assessed by the committee established at the facility from which the offender is to be released. Offenders accepted for supervision shall be assessed by whichever committee the commissioner directs.

(e) The committee shall assign to risk level I a sex offender whose risk assessment score indicates a low risk of reoffense. The committee shall assign to risk level II an offender whose risk assessment score indicates a moderate risk of reoffense. The committee shall assign to risk level III an offender whose risk assessment score indicates a high risk of reoffense.

(f) Before the sex offender is released from confinement or accepted for supervision, the committee shall prepare a risk assessment report which specifies the risk level to which the offender has been assigned and the reasons underlying the committee's risk assessment decision. The committee shall give the report to the offender and to the law enforcement agency at least 60 days before an offender is released from confinement or accepted for supervision. The committee also shall inform the offender of the availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes, but is not limited to, the following factors:

(1) the seriousness of the offense should the offender reoffend. This factor includes consideration of the following: (i) the degree of likely force or harm; (ii) the degree of likely physical contact; and (iii) the age of the likely victim;

(2) the offender's prior offense history. This factor includes consideration of the following: (i) the relationship of prior victims to the offender; (ii) the number of prior offenses or victims; (iii) the duration of the offender's prior offense history; (iv) the length of time since the offender's last prior offense, while the offender was at risk to commit offenses; and (v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes consideration of the following: (i) the offender's response to prior treatment efforts; and (ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender. This factor includes consideration of the following: (i) the availability and likelihood that the offender will be involved in therapeutic treatment; (ii) the availability of residential supports to the offender, such as a stable and supervised living arrangement in an appropriate location; (iii) the offender's familial and social relationships, including the nature and length of these relationships and the level of support that the offender may receive from these persons; and (iv) the offender's lack of education or employment stability;

(5) whether the offender has indicated or credible evidence in the record indicates that the offender will reoffend if released into the community; and

(6) whether the offender demonstrates a physical condition that minimizes the risk of reoffense, including but not limited to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the offender's corrections agent, the commissioner may reconvene the end-of-confinement review committee for the purpose of reassessing the risk level to which an offender has been assigned under paragraph (e). In a request for a reassessment, the law enforcement agency or agent shall list the facts and circumstances arising after the initial assignment under paragraph (e) which support the request for a reassessment. Upon review of the request, the end-of-confinement review committee may reassign an offender to a different risk level. If the offender is reassigned to a higher risk level, the offender has the right to seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review committee to reassess the offender's assigned risk level after two years have elapsed since the committee's initial risk assessment and may renew the request once every two years following subsequent denials. In a request for reassessment, the offender shall list the facts and circumstances which demonstrate that the offender no longer poses the same degree of risk to the community. The committee shall follow the process outlined in paragraphs (a) to (e), and (g) in the reassessment.

Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF INFORMATION TO PUBLIC.] (a) The law enforcement agency in the area where the sex offender resides, expects to reside, is employed, or is regularly found, is authorized to disclose information to the public regarding the offender if the agency determines that disclosure of the information is relevant and necessary to protect the public and to counteract the offender's dangerousness. The extent of the information disclosed and the community to whom disclosure is made must relate to the level of danger posed by the offender and to the need of community members for information to enhance their individual and collective safety.

(b) The law enforcement agency shall consider the following guidelines in determining the scope of disclosure made under this subdivision:

(1) if the offender is assigned to risk level I, the agency may maintain information regarding the offender within the agency and may disclose it to other law enforcement agencies. Additionally, the agency may disclose the information to any victims of or witnesses to the offense committed by the offender. The agency shall disclose the information to victims of the offense committed by the offender who have requested disclosure;

(2) if the offender is assigned to risk level II, the agency also may disclose the information to the following agencies and groups that the offender is likely to encounter: public and private educational institutions; day care establishments; and establishments and organizations that primarily serve children or women;

(3) if the offender is assigned to risk level III, the agency also may disclose the information to other members of the community whom the offender is likely to encounter.

Notwithstanding the assignment of a sex offender to risk level II or III, a law enforcement agency may not make the disclosures permitted by clause (2) or (3), if: the offender is placed or resides in a residential facility that is licensed as a residential program, as defined in section 245A.02, subdivision 14, by the commissioner of human services under chapter 254A, or the commissioner of corrections under section 241.021; and the facility and its staff are trained in the supervision of sex offenders. However, if an offender is placed or resides in a licensed facility, the head of the facility shall notify the law enforcement agency before the end of the offender's placement or residence in the facility. Upon receiving this notification, the law enforcement agency may make the disclosures permitted by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that: (1) the organizations or community members are in a location or in close proximity to a location where the offender lives or is employed, or which the offender visits or is likely to visit on a regular basis, other than the location of the offender's outpatient treatment program; and (2) the types of interaction which ordinarily occur at that location and other circumstances indicate that contact with the offender is reasonably certain.

(d) A law enforcement agency or official who decides to disclose information under this subdivision shall make a good faith effort to make the notification at least 14 days before an offender is released from confinement or accepted for supervision. If a change occurs in the release plan, this notification provision does not require an extension of the release date.

Subd. 5. [RELEVANT INFORMATION PROVIDED TO LAW ENFORCEMENT.] At least 60 days before a sex offender is released from confinement or accepted for supervision, the department of corrections or the department of human services, in the case of a person who was committed under section 253B.185 or Minnesota Statutes 1992, section 526.10, shall provide the appropriate law enforcement agency all relevant information that the departments have concerning the offender, including information on risk factors in the offender's history.

Subd. 6. [ADMINISTRATIVE REVIEW.] (a) An offender assigned or reassigned to risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek administrative review of an end-of-confinement review committee's risk assessment determination. The offender must exercise this right within 14 days of receiving notice of the committee's decision by notifying the chair of the committee. Upon receiving the request for administrative review, the chair shall notify the offender, the victim or victims of the offender's offense or their designee, the law enforcement agency, and any other individuals the chair may select, of the time and place of the hearing. A request for a review hearing shall not interfere with or delay the notification process under subdivision 4 or 5.

(b) An offender who requests a review hearing must be given a reasonable opportunity to prepare for the hearing. The review hearing shall be conducted on the record before an administrative law judge. The attorney general or a designee shall defend the end-of-confinement review committee's determination. The offender has the right to be

present and be represented by counsel at the hearing, to present evidence in support of the offender's position, to call supporting witnesses and to cross-examine witnesses testifying in support of the committee's determination. Counsel for indigent offenders shall be provided by the Legal Advocacy Project of the state public defender's office.

(c) After the hearing is concluded, the administrative law judge shall either uphold or modify the end-of-confinement review committee's risk level determination. The judge's decision shall be in writing and shall include the judge's reasons for the decision. The judge's decision shall be final and a copy of it shall be given to the offender, the victim, the law enforcement agency, and the chair of the end-of-confinement review committee.

(d) The review hearing is not subject to the contested case provisions of chapter 14.

Subd. 7. [IMMUNITY FROM LIABILITY.] A state or local agency or official, or a private organization or individual authorized to act on behalf of a state or local agency or official, is not civilly or criminally liable for disclosing or failing to disclose information as permitted by this section.

Subd. 8. [LIMITATION ON SCOPE.] Nothing in this section imposes a duty upon a person licensed under chapter 82, or an employee of the person, to disclose information regarding an offender who is required to register under section 243.166, or about whom notification is made under this section.

Sec. 5. [244.053] [NOTICE OF RELEASE OF CERTAIN OFFENDERS.]

Subdivision 1. [NOTICE OF IMPENDING RELEASE.] At least 60 days before the release of any inmate convicted of an offense requiring registration under section 243.166, the commissioner of corrections shall send written notice of the impending release to the sheriff of the county and the police chief of the city in which the inmate will reside or in which placement will be made in a work release program. The sheriff of the county where the offender was convicted also shall be notified of the inmate's impending release.

Subd. 2. [ADDITIONAL NOTICE.] The same notice shall be sent to the following persons concerning a specific inmate convicted of an offense requiring registration under section 243.166:

(1) the victim of the crime for which the inmate was convicted or a deceased victim's next of kin if the victim or deceased victim's next of kin requests the notice in writing;

(2) any witnesses who testified against the inmate in any court proceedings involving the offense, if the witness requests the notice in writing; and

(3) any person specified in writing by the prosecuting attorney.

The notice sent to victims under clause (1) must inform the person that the person has the right to request and receive information about the offender authorized for disclosure under the community notification provisions of section 244.052.

If the victim or witness is under the age of 16, the notice required by this section shall be sent to the parents or legal guardian of the child. The commissioner shall send the notices required by this provision to the last address provided to the commissioner by the requesting party. The requesting party shall furnish the commissioner with a current address. Information regarding witnesses requesting the notice, information regarding any other person specified in writing by the prosecuting attorney to receive the notice, and the notice are private data on individuals, as defined in section 13.02, subdivision 12, and are not available to the inmate.

The notice to victims provided under this subdivision does not limit the victim's right to request notice of release under section 611A.06.

Subd. 3. [NO EXTENSION OF RELEASE DATE.] The existence of the notice requirements contained in this section shall in no event require an extension of the release date.

Sec. 6. Minnesota Statutes 1994, section 244.10, is amended by adding a subdivision to read:

Subd. 2a. [NOTICE OF INFORMATION REGARDING SEX OFFENDERS.] (a) In any case in which a person is convicted of an offense which requires registration under section 243.166, subdivision 1, and the presumptive sentence under the sentencing guidelines is commitment to the custody of the commissioner of corrections, if the court grants

a dispositional departure and stays imposition or execution of sentence, the probation or court services officer who is assigned to supervise the offender shall provide in writing to the following the fact that the offender is on probation and the terms and conditions of probation:

(1) a victim of and any witnesses to the offense committed by the offender, if the victim or the witness has requested notice; and

(2) the chief law enforcement officer in the area where the offender resides or intends to reside.

The probation officer is not required under this subdivision to provide any notice while the offender is placed or resides in a residential facility that is licensed under section 245A.02, subdivision 14, or section 241.021, if the facility staff is trained in the supervision of sex offenders.

(b) The notice authorized by paragraph (a) shall be limited to data classified as public under section 13.84, subdivision 6, unless the offender provides informed consent to authorize the release of nonpublic data or unless a court order authorizes the release of nonpublic data.

(c) Nothing in this subdivision shall be interpreted to impose a duty on any person to use any information regarding an offender about whom notification is made under this subdivision.

Sec. 7. [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS; POLICY AND INSTRUCTION.]

Subdivision 1. [MODEL POLICY.] (a) By August 1, 1996, the Minnesota chiefs of police association and the Minnesota sheriffs association shall develop a model policy for law enforcement agencies to follow when they disclose information on sex offenders to the public under Minnesota Statutes, section 244.052, subdivision 3. The model policy shall be designed to further the objectives of providing adequate notice to the community concerning sex offenders who are or will be residing in the neighborhood and of helping community members develop constructive plans to prepare themselves and their children for residing near these sex offenders. In developing the policy, the two associations shall consult with representatives of the bureau of criminal apprehension, the Minnesota association of women police, the Minnesota sex crimes investigators association, the Minnesota police and peace officers association, the Minnesota institute of community policing, the county attorneys association, the commissioner of corrections, local corrections agencies, the state public defender, sex offender treatment professionals, victims groups, and interested members of the public.

(b) The model policy shall, at a minimum, address the following matters:

(1) recommended contents and form of community notification documents, including recommended ways of protecting the privacy of victims of the offender's crime;

(2) recommended method or methods of distributing community notification documents;

(3) recommended methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other jurisdictions when necessary to protect the public;

(4) recommended methods of educating community residents at public meetings on how they can use the information in the notification document in a reasonable manner to enhance their individual and collective safety;

(5) procedures for ensuring that community members are educated regarding the right of sex offenders not to be subjected to harassment or criminal acts because of the notification process;

(6) recommended ways of educating sex offenders before they are released from incarceration on the nature and scope of the notification process, the likely reaction of community residents to their presence in the community, and their right to be free from harassment or criminal acts committed by community residents because of the notification process; and

(7) other matters that the associations deem necessary to ensure the effective and fair administration of the community notification law.

Subd. 2. [LOCAL POLICY.] By January 1, 1997, all chief law enforcement officers shall establish and implement a written policy governing the public disclosure of information on sex offenders under Minnesota Statutes, section 244.052, subdivision 3. A chief law enforcement officer shall adopt a policy that is identical or substantially similar to the model policy developed by the associations under subdivision 1.

Sec. 8. [EFFECTIVE DATE.]

Section 2 is effective August 1, 1996, and applies to persons who are released from prison on or after that date, or who are under supervision as of that date, or who enter this state on or after that date.

Sections 1 and 3 to 6 are effective January 1, 1997, and apply to persons released or sentenced on or after that date.

Section 7 is effective the day following final enactment.

Section 1. Minnesota Statutes 1995 Supplement, section 260.015, subdivision 21, is amended to read:

Subd. 21. [JUVENILE PETTY OFFENDER; JUVENILE PETTY OFFENSE.] (a) "Juvenile petty offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct by a child under the age of 18 years which would be lawful conduct if committed by an adult.

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes an offense, other than a violation of section 609.224, 609.324, 609.563, 609.576, or 617.23, that would be a misdemeanor if committed by an adult if:

(1) the child has not been found to be a juvenile petty offender on more than two prior occasions for a misdemeanor-level offense;

(2) the child has not previously been found to be delinquent for a misdemeanor, gross misdemeanor, or felony offense; or

(3) the county attorney designates the child on the petition as a juvenile petty offender, notwithstanding the child's prior record of misdemeanor-level juvenile petty offenses.

(c) "Juvenile petty offense" does not include any of the following:

(1) a misdemeanor-level violation of section 588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23;

(2) a major traffic offense or an adult court traffic offense, as described in section 260.193;

(3) a misdemeanor-level offense committed by a child whom the juvenile court previously has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or

(4) a misdemeanor-level offense committed by a child whom the juvenile court has found to have committed a misdemeanor-level juvenile petty offense on two or more prior occasions, unless the county attorney designates the child on the petition as a juvenile petty offender notwithstanding this prior record. As used in this clause, "misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile petty offense if it had been committed on or after July 1, 1995.

(d) A child who commits a juvenile petty offense is a "juvenile petty offender."

Sec. 2. Minnesota Statutes 1995 Supplement, section 260.132, subdivision 1, is amended to read:

Subdivision 1. [NOTICE.] When a peace officer, or attendance officer, in the case of a habitual truant, a peace officer or an attendance officer has probable cause to believe that a child:

(1) is in need of protection or services under section 260.015, subdivision 2a, clause (11) or (12);

(2) is a juvenile petty offender; or

(3) has committed a delinquent act that would be a petty misdemeanor or misdemeanor if committed by an adult;

the officer may issue a notice to the child to appear in juvenile court in the county in which the child is found or in the county of the child's residence or, in the case of a juvenile petty offense, or a petty misdemeanor or misdemeanor delinquent act, the county in which the offense was committed. If there is a school attendance review board or county attorney mediation program operating in the child's school district, a notice to appear in juvenile court for a habitual truant may not be issued until the applicable procedures under section 260A.06 or 260A.07 have been exhausted. The officer shall file a copy of the notice to appear with the juvenile court of the appropriate county. If a child fails to appear in response to the notice, the court may issue a summons notifying the child of the nature of the offense alleged and the time and place set for the hearing. If the peace officer finds it necessary to take the child into custody, sections 260.165 and 260.171 shall apply.

Sec. 3. Minnesota Statutes 1995 Supplement, section 260.132, subdivision 3a, is amended to read:

Subd. 3a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except as otherwise provided in section 260.155, subdivision 2, a child alleged to be a juvenile petty offender may be represented by counsel, but does not have a right to appointment of a public defender or other counsel at public expense.

Sec. 4. Minnesota Statutes 1994, section 260.141, is amended by adding a subdivision to read:

Subd. 1a. [NOTICE IN LIEU OF SUMMONS; PERSONAL SERVICE.] The service of a summons or a notice in lieu of summons shall be as provided in the rules of juvenile procedure.

Sec. 5. Minnesota Statutes 1994, section 260.145, is amended to read:

260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, ARREST.]

If any person personally served with summons or subpoena fails, without reasonable cause, to appear or bring the child, or if the court has reason to believe the person is avoiding personal service, or if any custodial parent or guardian fails, without reasonable cause, to accompany the child to a hearing as required under section 260.155, subdivision 4b, the person may be proceeded against for contempt of court or the court may issue a warrant for the person's arrest, or both. In any case when it appears to the court that the service will be ineffectual, or that the welfare of the child requires that the child be brought forthwith into the custody of the court, the court may issue a warrant for immediate custody of the child.

Sec. 6. Minnesota Statutes 1995 Supplement, section 260.155, subdivision 2, is amended to read:

Subd. 2. [APPOINTMENT OF COUNSEL.] (a) The child, parent, guardian or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court unless the. This right does not apply to a child who is charged with a juvenile petty offense as defined in section 260.015, subdivision 21, unless the child is charged with a third or subsequent juvenile alcohol or controlled substance offense and may be subject to the alternative disposition described in section 260.195, subdivision 4.

(b) The court shall appoint counsel, or stand-by counsel if the child waives the right to counsel, for a child who is:

(1) charged by delinquency petition with a gross misdemeanor or felony offense; or

(2) the subject of a delinquency proceeding in which out-of-home placement has been proposed.

(b) (c) If they desire counsel but are unable to employ it, the court shall appoint counsel to represent the child or the parents or guardian in any case in which it feels that such an appointment is desirable, except a juvenile petty offense as defined in section 260.015, subdivision 21 offender who does not have the right to counsel under paragraph (a).

Sec. 7. Minnesota Statutes 1994, section 260.161, subdivision 1a, is amended to read:

Subd. 1a. [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to the Bureau of Criminal Apprehension the following data on juveniles adjudicated delinquent for having committed felony-level criminal sexual conduct:

(1) the name and birth date of the juvenile, including any of the juvenile's known aliases or street names;

(2) the type of act for which the juvenile was adjudicated delinquent and date of the offense; and

(3) the date and county of the adjudication.

(b) The bureau shall retain data on a juvenile until the offender reaches the age of 28. If the offender commits another violation of sections 609.342 to 609.345 as an adult, the bureau shall retain the data for as long as the data would have been retained if the offender had been an adult at the time of the juvenile offense.

(c) The juvenile court shall forward to the bureau the following data on individuals convicted as extended jurisdiction juveniles:

(1) the name and birthdate of the offender, including any of the juvenile's known aliases or street names;

(2) the crime committed by the offender and the date of the crime; and

(3) the date and county of the conviction.

The court shall notify the bureau whenever it executes an extended jurisdiction juvenile's adult sentence under section 260.126, subdivision 5.

(d) The bureau shall retain the extended jurisdiction juvenile data for as long as the data would have been retained if the offender had been an adult at the time of the offense. Data retained on individuals under this subdivision are private data under section 13.02, except that extended jurisdiction juvenile data becomes public data under section 13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult sentence has been executed under section 260.126, subdivision 5.

Sec. 8. Minnesota Statutes 1995 Supplement, section 260.161, subdivision 3, is amended to read:

Subd. 3. [PEACE OFFICER AND CORRECTIONAL RECORDS OF CHILDREN.] (a) Except for records relating to an offense where proceedings are public under section 260.155, subdivision 1, peace officers' records of children who are or may be delinquent or who may be engaged in criminal acts shall be kept separate from records of persons 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.

(c) A photograph may be taken of a child taken into custody pursuant to section 260.165, subdivision 1, clause (b), provided that the photograph must be destroyed when the child reaches the age of 19 years. If the child is taken into custody for allegedly committing a felony or gross misdemeanor-level delinquent act and is detained in a secure detention facility, the facility must take the child's fingerprints and booking photograph as required by section 299C.10, subdivision 1. The commissioner of corrections may photograph juveniles whose legal custody is transferred to the commissioner. Photographs of juveniles authorized by this paragraph may be used only for institution management purposes, case supervision by parole agents, and to assist law enforcement agencies to apprehend juvenile offenders. The commissioner shall maintain photographs of juveniles in the same manner as juvenile court records and names under this section.

(d) Traffic investigation reports are open to inspection by a person who has sustained physical harm or economic loss as a result of the traffic accident. Identifying information on juveniles who are parties to traffic accidents may be disclosed as authorized under section 13.82, subdivision 4, and accident reports required under section 169.09 may be released under section 169.09, subdivision 13, unless the information would identify a juvenile who was taken into custody or who is suspected of committing an offense that would be a crime if committed by an adult, or would associate a juvenile with the offense, and the offense is not a minor traffic offense under section 260.193.

(e) A law enforcement agency shall notify the principal or chief administrative officer of a juvenile's school of an incident occurring within the agency's jurisdiction if:

(1) the agency has probable cause to believe that the juvenile has committed an offense that would be a crime if committed as an adult, that the victim of the offense is a student or staff member of the school, and that notice to the school is reasonably necessary for the protection of the victim; or

(2) the agency has probable cause to believe that the juvenile has committed an offense described in subdivision 1b, paragraph (a), clauses (1) to (3), that would be a crime if committed by an adult, regardless of whether the victim is a student or staff member of the school.

A law enforcement agency is not required to notify the school under this paragraph if the agency determines that notice would jeopardize an ongoing investigation. Notwithstanding section 138.17, data from a notice received from a law enforcement agency under this paragraph must be destroyed when the juvenile graduates from the school or at the end of the academic year when the juvenile reaches age 23, whichever date is earlier. For purposes of this paragraph, "school" means a public or private elementary, middle, or secondary school.

(f) In any county in which the county attorney operates or authorizes the operation of a juvenile prepetition or pretrial diversion program, a law enforcement agency or county attorney's office may provide the juvenile diversion program with data concerning a juvenile who is a participant in or is being considered for participation in the program.

(g) Upon request of a local social service agency, peace officer records of children who are or may be delinquent or who may be engaged in criminal acts may be disseminated to the agency to promote the best interests of the subject of the data.

Sec. 9. Minnesota Statutes 1994, section 260.171, subdivision 2, is amended to read:

Subd. 2. (a) If the child is not released as provided in subdivision 1, the person taking the child into custody shall notify the court as soon as possible of the detention of the child and the reasons for detention.

(b) No child may be detained in a juvenile secure detention facility or shelter care facility longer than 36 hours, excluding Saturdays, Sundays, and holidays, after being taken into custody for a delinquent act as defined in section 260.015, subdivision 5, unless a petition has been filed and the judge or referee determines pursuant to section 260.172 that the child shall remain in detention.

(c) No child may be detained in an adult jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail or municipal lockup in a standard metropolitan statistical area, after being taken into custody for a delinquent act as defined in section 260.015, subdivision 5, unless:

(1) a petition has been filed under section 260.131; and

(2) a judge or referee has determined under section 260.172 that the child shall remain in detention.

After August 1, 1991, no child described in this paragraph may be detained in an adult jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail or municipal lockup in a standard metropolitan statistical area, unless the requirements of this paragraph have been met and, in addition, a motion to refer the child for adult prosecution has been made under section 260.125. Notwithstanding this paragraph, continued detention of a child in an adult detention facility outside a standard metropolitan statistical area county is permissible if:

(i) the facility in which the child is detained is located where conditions or distance to be traveled or other ground transportation do not allow for court appearances within 24 hours. A delay not to exceed 48 hours may be made under this clause; or

(ii) the facility is located where conditions of safety exist. Time for an appearance may be delayed until 24 hours after the time that conditions allow for reasonably safe travel. "Conditions of safety" include adverse life-threatening weather conditions that do not allow for reasonably safe travel.

The continued detention of a child under clause (i) or (ii) must be reported to the commissioner of corrections.

(d) No child taken into custody pursuant to section 260.165, subdivision 1, clause (a) or (c)(2) may be held in a shelter care facility longer than 72 hours, excluding Saturdays, Sundays and holidays, unless a petition has been filed and the judge or referee determines pursuant to section 260.172 that the child shall remain in custody.

(e) If a child described in paragraph (c) is to be detained in a jail beyond 24 hours, excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance with rules and procedures established by the commissioner of corrections, shall notify the commissioner of the place of the detention and the reasons therefor. The commissioner shall thereupon assist the court in the relocation of the child in an appropriate juvenile secure detention facility or approved jail within the county or elsewhere in the state, or in determining suitable alternatives. The commissioner shall direct that a child detained in a jail be detained after eight days from and including the date of the original detention order in an approved juvenile secure detention facility with the approval of the administrative authority of the facility. If the court refers the matter to the prosecuting authority pursuant to section 260.125, notice to the commissioner shall not be required.

Sec. 10. Minnesota Statutes 1995 Supplement, section 260.195, subdivision 2a, is amended to read:

Subd. 2a. [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except as otherwise provided in section 260.155, subdivision 2, a child alleged to be a juvenile petty offender may be represented by counsel, but does not have a right to appointment of a public defender or other counsel at public expense.

Sec. 11. Minnesota Statutes 1994, section 260.281, is amended to read:

260.281 [NEW EVIDENCE.]

A child whose status has been adjudicated by a juvenile court, or the child's parent, guardian, custodian or spouse may, at any time within 90 15 days of the filing of the court's order, petition the court for a rehearing on the ground that new evidence has been discovered affecting the advisability of the court's original adjudication or disposition. Upon a showing that such evidence does exist the court shall order that a new hearing be held within 30 days, unless the court extends this time period for good cause shown within the 30-day period, and shall make such disposition of the case as the facts and the best interests of the child warrant.

Sec. 12. Minnesota Statutes 1994, section 260.301, is amended to read:

260.301 [CONTEMPT.]

Any person knowingly interfering with an order of the juvenile court is in contempt of court. However, a child who is under the continuing jurisdiction of the court for reasons other than delinquency having committed a delinquent act or a juvenile petty offense may not be adjudicated as a delinquent solely on the basis of having knowingly interfered with or disobeyed an order of the court.

Sec. 13. Minnesota Statutes 1995 Supplement, section 299C.10, subdivision 1, is amended to read:

Subdivision 1. [LAW ENFORCEMENT DUTY.] (a) It is hereby made the duty of the sheriffs of the respective counties and, of the police officers in cities of the first, second, and third classes, under the direction of the chiefs of police in such cities, and of community corrections agencies operating secure juvenile detention facilities to take or cause to be taken immediately finger and thumb prints, photographs, distinctive physical mark identification data, and such other identification data as may be requested or required by the superintendent of the bureau; of all persons arrested for a felony, gross misdemeanor, of all juveniles committing felonies as distinguished from those committed by adult offenders, of all persons reasonably believed by the arresting officer to be fugitives from justice, of all persons in whose possession, when arrested, are found concealed firearms or other dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines, or appliances usable for an unlawful purpose and reasonably believed by the arresting officer to be intended for such purposes, and within 24 hours thereafter to forward such fingerprint records and other identification data on such forms and in such manner as may be prescribed by the superintendent of the bureau of criminal apprehension.

(b) Effective August 1, 1997, the identification reporting requirements shall also apply to persons committing misdemeanor offenses, including violent and enhanceable crimes, and juveniles committing gross misdemeanors. In addition, the reporting requirements shall include any known aliases or street names of the offenders.

Sec. 14. [REPEALER.]

Minnesota Statutes 1994, section 260.141, subdivision 1, is repealed.

Sec. 15. [EFFECTIVE DATE.]

Sections 1 to 14 are effective August 1, 1996, and apply to offenses committed on or after that date.

Section 1. [15.87] [VICTIMS OF VIOLENCE.]

In furtherance of the state policy of zero tolerance for violence in section 1.50, the state shall have a goal of providing:

(a) every victim of violence in Minnesota, regardless of the county of residence, access to necessary services, including, but not limited to:

(1) crisis intervention services, including a 24-hour emergency telephone line;

(2) safe housing;

(3) counseling and peer support services; and

(4) assistance in pursuing legal remedies and appropriate medical care; and

(b) every child who is a witness to abuse or who is a victim of violence, access to necessary services, including, but not limited to:

(1) crisis child care;

(2) safe supervised child visitation, when needed;

(3) age appropriate counseling and support; and

(4) assistance with legal remedies, medical care, and needed social services.

Sec. 2. Minnesota Statutes 1995 Supplement, section 609.10, is amended to read:

609.10 [SENTENCES AVAILABLE.]

Upon conviction of a felony and compliance with the other provisions of this chapter the court, if it imposes sentence, may sentence the defendant to the extent authorized by law as follows:

(1) to life imprisonment; or

(2) to imprisonment for a fixed term of years set by the court; or

(3) to both imprisonment for a fixed term of years and payment of a fine; or

(4) to payment of a fine without imprisonment or to imprisonment for a fixed term of years if the fine is not paid; or

(5) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or

(6) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court.

As used in this section, "restitution" includes:

(i) payment of compensation to the victim or the victim's family; and

(ii) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.

In controlled substance crime cases, "restitution" also includes payment of compensation to a government entity that incurs loss as a direct result of the controlled substance crime.

Sec. 3. Minnesota Statutes 1995 Supplement, section 609.125, is amended to read:

609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.]

Upon conviction of a misdemeanor or gross misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, sentence the defendant:

(1) to imprisonment for a definite term; or

(2) to payment of a fine, or to imprisonment for a specified term if the fine is not paid; or

(3) to both imprisonment for a definite term and payment of a fine; or

(4) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or

(5) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court.

As used in this section, "restitution" includes:

(i) payment of compensation to the victim or the victim's family; and

(ii) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.

In controlled substance crime cases, "restitution" also includes payment of compensation to a government entity that incurs loss as a direct result of the controlled substance crime.

Sec. 4. Minnesota Statutes 1994, section 609.135, subdivision 1, is amended to read:

Subdivision 1. [TERMS AND CONDITIONS.] Except when a sentence of life imprisonment is required by law, or when a mandatory minimum sentence is required by section 609.11, any court may stay imposition or execution of sentence and (a) may order intermediate sanctions without placing the defendant on probation, or (b) may place the defendant on probation with or without supervision and on the terms the court prescribes, including intermediate sanctions when practicable. The court may order the supervision to be under the probation officer of the court, or, if there is none and the conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in any case by some other suitable and consenting person. No intermediate sanction may be ordered performed at a location that fails to observe applicable requirements or standards of chapter 181A or 182, or any rule promulgated under them. For purposes of this subdivision, subdivision 6, and section 609.14, the term "intermediate sanctions" includes but is not limited to incarceration in a local jail or workhouse, home detention, electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, chemical dependency or mental health treatment or counseling, restitution, fines, day-fines, community work service, and work in lieu of or to work off fines and, with the victim's consent, work in lieu of or to work off restitution.

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

Sec. 5. Minnesota Statutes 1995 Supplement, section 611A.01, is amended to read:

611A.01 [DEFINITIONS.]

For the purposes of sections 611A.01 to 611A.06:

(a) "Crime" means conduct that is prohibited by local ordinance and results in bodily harm to an individual; or conduct that is included within the definition of "crime" in section 609.02, subdivision 1, or would be included within that definition but for the fact that (i) the person engaging in the conduct lacked capacity to commit the crime under the laws of this state, or (ii) the act was alleged or found to have been committed by a juvenile;

(b) "Victim" means a natural person who incurs loss or harm as a result of a crime, including a good faith effort to prevent a crime, and for purposes of sections 611A.04 and 611A.045, also includes (i) a corporation that incurs loss or harm as a result of a crime, and (ii) any other entity authorized to receive restitution under section 609.10 or 609.125. If the victim is a natural person and is deceased, "victim" means the deceased's surviving spouse or next of kin; and

(c) "Juvenile" has the same meaning as given to the term "child" in section 260.015, subdivision 2.

Sec. 6. Minnesota Statutes 1995 Supplement, section 611A.04, subdivision 1, is amended to read:

Subdivision 1. [REQUEST; DECISION.] (a) A victim of a crime has the right to receive restitution as part of the disposition of a criminal charge or juvenile delinquency proceeding against the offender if the offender is convicted or found delinquent. The court, or a person or agency designated by the court, shall request information from the victim to determine the amount of restitution owed. The court or its designee shall obtain the information from the victim in affidavit form or by other competent evidence. Information submitted relating to restitution must describe the items or elements of loss, itemize the total dollar amounts of restitution claimed, and specify the reasons justifying these amounts, if restitution is in the form of money or property. A request for restitution may include, but is not limited to, any out-of-pocket losses resulting from the crime, including medical and therapy costs, replacement of wages and services, expenses incurred to return a child who was a victim of a crime under section 609.26 to the child's parents or lawful custodian, and funeral expenses. An actual or prospective civil action involving the alleged crime shall not be used by the court as a basis to deny a victim's right to obtain court-ordered restitution under this section. In order to be considered at the sentencing or dispositional hearing, all information regarding restitution must be received by the court administrator of the appropriate court at least three business days before the sentencing or dispositional hearing. The court administrator shall provide copies of this request to the prosecutor and the offender or the offender's attorney at least 24 hours before the sentencing or dispositional hearing. The issue of restitution may be is reserved or the sentencing or dispositional hearing or hearing on the restitution request may be continued if the victim's affidavit or other competent evidence submitted by the victim is not received in time. At the sentencing or dispositional hearing, the court shall give the offender an opportunity to respond to specific items of restitution and their dollar amounts in accordance with the procedures established in section 611A.045, subdivision 3.

(b) The court may amend or issue an order of restitution after the sentencing or dispositional hearing if:

(1) the offender is on probation, committed to the commissioner of corrections, or on supervised release;

(2) information regarding sufficient evidence of a right to restitution was has been submitted as required under paragraph (a); and

(3) the true extent of the victim's loss or the loss of the crime victims reparations board was not known at the time of the sentencing or dispositional hearing, or hearing on the restitution request.

If the court holds a hearing on the restitution request, the court must notify the offender, the offender's attorney, the victim, and the prosecutor, and the crime victims reparations board at least five business days before the hearing. The court's restitution decision is governed by this section and section 611A.045.

(c) The court shall grant or deny restitution or partial restitution and shall state on the record its reasons for its decision on restitution if information relating to restitution has been presented. If the court grants partial restitution it shall also specify the full amount of restitution that may be docketed as a civil judgment under subdivision 3. The court may not require that the victim waive or otherwise forfeit any rights or causes of action as a condition of granting restitution or partial restitution. In the case of a defendant who is on probation, the court may not refuse to enforce an order for restitution solely on the grounds that the order has been docketed as a civil judgment.

Sec. 7. Minnesota Statutes 1994, section 611A.04, subdivision 1a, is amended to read:

Subd. 1a. [CRIME BOARD REQUEST.] The crime victims reparations board may request restitution on behalf of a victim by filing a copy of orders of the board, if any, which detail any amounts paid by the board to the victim. The board may file the payment order with the court administrator or with the person or agency the court has designated to obtain information relating to restitution. In either event, The board shall submit the payment order not less than three business days before the sentencing or dispositional hearing after it is issued by the board. The court administrator shall provide copies of the payment order to the prosecutor and the offender or the offender's attorney within 48 hours of receiving it from the board or at least 24 hours before the sentencing or dispositional

hearing, whichever is earlier. By operation of law, the issue of restitution may be is reserved or the sentencing or disposition continued if the payment order is not received in time at least three days before the sentencing or dispositional hearing. The filing of a payment order for reparations with the court administrator shall also serve as a request for restitution by the victim. The restitution requested by the board may be considered to be both on its own behalf and on behalf of the victim. If the board has not paid reparations to the victim or on the victim's behalf, restitution may be made directly to the victim. If the board has paid reparations to the victim or on the victim's behalf, the court shall order restitution payments to be made directly to the board.

Sec. 8. Minnesota Statutes 1994, section 611A.04, subdivision 3, is amended to read:

Subd. 3. [EFFECT OF ORDER FOR RESTITUTION.] An order of restitution may be enforced by any person named in the order to receive the restitution, or by the crime victims reparations board in the same manner as a judgment in a civil action. Any order for restitution in favor of a victim shall also operate as an order for restitution in favor of the crime victims reparations board, if the board has paid reparations to the victim or on the victim's behalf. Filing fees for docketing an order of restitution as a civil judgment are waived for any victim named in the restitution order. An order of restitution shall be docketed as a civil judgment, in the name of any person named in the order and in the name of the crime victims reparations board, by the court administrator of the district court in the county in which the order of restitution was entered. The court administrator also shall notify the commissioner of revenue of the restitution debt in the manner provided in chapter 270A, the revenue recapture act. A juvenile court is not required to appoint a guardian ad litem for a juvenile offender before docketing a restitution order. Interest shall accrue on the unpaid balance of the judgment as provided in section 549.09. Whether the order of restitution has been docketed or not, it is a debt that is not dischargeable in bankruptcy. A decision for or against restitution in any criminal or juvenile proceeding is not a bar to any civil action by the victim or by the state pursuant to section 611A.61 against the offender. The offender shall be given credit, in any order for judgment in favor of a victim in a civil action, for any restitution paid to the victim for the same injuries for which the judgment is awarded.

Sec. 9. Minnesota Statutes 1994, section 611A.25, subdivision 3, is amended to read:

Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 governs the filling of vacancies and removal of members of the sexual assault advisory council. The terms of the members of the advisory council shall be two years. No member may serve on the advisory council for more than two consecutive terms. Council members shall not receive per diem or expense reimbursement as specified in section 15.059.

Sec. 10. Minnesota Statutes 1994, section 611A.361, subdivision 3, is amended to read:

Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 governs the filling of vacancies and removal of members of the general crime victims advisory council. The terms of the members of the advisory council shall be two years. No member may serve on the advisory council for more than two consecutive terms. Council members shall not receive per diem or expense reimbursement as specified in section 15.059.

Sec. 11. [611A.78] [CRIME VICTIM SERVICES ROUNDTABLE.]

Subdivision 1. [MEMBERSHIP.] A crime victim services roundtable is created and shall be convened by the commissioner of administration or a designee. The roundtable membership shall include representatives from the following: the departments of health; human services; children, families, and learning; corrections; and public safety; the supreme court; the Minnesota planning agency; the office of the attorney general; the office of crime victim ombudsman; the county attorneys association; and the office of dispute resolution. The roundtable membership shall also include one person representing the four councils designated in sections 3.922, 3.9223, 3.9225, and 3.9226.

Subd. 2. [DUTIES.] The crime victim services roundtable shall meet at least four times each year to discuss issues concerning victim services, including, but not limited to, methods for improving the delivery of and securing increased funding for victim services. The roundtable shall present to the legislature any initiatives, including those for increasing efficiency in the administration of services, which require legislative action.

Sec. 12. [EFFECTIVE DATE.]

Sections 1 to 11 are effective August 1, 1996.

Section 1. Minnesota Statutes 1994, section 241.275, is amended to read:

241.275 [PRODUCTIVE DAY INITIATIVE PROGRAMS; CORRECTIONAL FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS COUNTIES.]

Subdivision 1. [PROGRAM ESTABLISHMENT.] (a) As used in this section, "correctional facility" includes a community-based day program to which an offender is sentenced in lieu of incarceration, if the program provides close supervision of offenders through such means as electronic monitoring and drug and alcohol testing.

(b) The counties of Hennepin, Ramsey, and St. Louis shall each establish a productive day initiative program in their correctional facilities as described in this section. The productive day program shall be designed to motivate inmates sentenced offenders in local correctional facilities to develop basic life and work skills through training and education, thereby creating opportunities for inmates on release offenders to achieve more successful integration into the community upon their release.

Subd. 2. [PROGRAM COMPONENTS.] The productive day initiative programs shall include components described in paragraphs (a) to (c).

(a) The initiative programs shall contain programs designed to promote the inmate's offender's self-esteem, self-discipline, and economic self-sufficiency by providing structured training and education with respect to basic life skills, including hygiene, personal financial budgeting, literacy, and conflict management.

(b) The programs shall contain individualized educational, vocational, and work programs designed to productively occupy an inmate offender for at least eight hours a day.

(c) The program administrators shall develop correctional industry programs, including marketing efforts to attract work opportunities both inside correctional facilities and outside in the community. Program options may include expanding and reorganizing on-site industry programs, locating off-site industry work areas, and community service work programs, and employment programs. To develop innovative work programs, program administrators may enlist members of the business and labor community to help target possible productive enterprises for inmate offender work programs.

(d) Whenever inmates offenders are assigned to work within the correctional facility or with any state department or agency, local unit of government, or other government subdivision, the program administrator must certify to the appropriate bargaining agent that work performed by inmates offenders will not result in the displacement of current employed workers or workers on seasonal layoff or layoff from a substantially equivalent position, including partial displacement such as reduction in hours of work other than overtime work, wages, or other employment benefits.

Subd. 3. [ELIGIBILITY.] The administrators of each productive day program shall develop criteria for inmate offender eligibility for the program.

Subd. 4. [EVALUATION.] The administrators of each of the productive day initiative programs shall develop program evaluation tools to monitor the success of the programs.

Subd. 5. [REPORT.] Hennepin, Ramsey, and St. Louis counties shall each report results of their evaluations to the chairs of the house judiciary finance division and the senate crime prevention finance division by July 1, 1996.

Sec. 2. Minnesota Statutes 1995 Supplement, section 243.212, is amended to read:

243.212 [COPAYMENTS FOR HEALTH SERVICES.]

Any inmate of an adult correctional facility under the control of the commissioner of corrections shall incur copayment and coinsurance obligations for health care services received in the amounts established for adult enrollees of the MinnesotaCare program established under section 256.9353, subdivision 7, to the extent the inmate has available funds obligations for health care services provided. The copayment will be paid from the inmate account of earnings and other funds, as provided in section 243.23, subdivision 3. The funds paid under this subdivision are appropriated to the commissioner of corrections for the delivery of health care services to inmates.

Sec. 3. Minnesota Statutes 1994, section 260.311, subdivision 3a, is amended to read:

Subd. 3a. [DETAINING PERSON ON CONDITIONAL RELEASE OR PROBATION.] (a) The written order of the court services director or designee of a county probation agency not organized under chapter 401 is sufficient authority for peace officers and county probation officers serving a the district or juvenile court may, without a warrant of nonparticipating counties when it appears necessary to prevent escape or enforce discipline, to take and detain a probationer or any person on conditional release and bring that person before the court or the commissioner of corrections, whichever is appropriate, for disposition. No probationer or other person on conditional release shall be detained under this subdivision more than 72 hours, excluding Saturdays, Sundays and holidays, without being given an opportunity for a hearing before the court or the commissioner of corrections or a designee.

(b) The written order of the court services director or designee of a county probation agency not established under chapter 401 is sufficient authority for probation officers serving the district and juvenile courts of nonparticipating counties to release within 72 hours, exclusive of legal holidays, Saturdays, and Sundays, without appearance before the court or the commissioner of corrections or a designee, any person detained pursuant to paragraph (a).

(c) The written order of the chief executive officer or designee of a county corrections agency established under this section and not organized under chapter 401 is sufficient authority for any peace officer or county probation officer to take and place in actual custody any person under sentence or on probation who:

(1) fails to report to serve a sentence at a local correctional facility, as defined in section 241.021, subdivision 1;

(2) fails to return from furlough or authorized temporary release from a local correctional facility;

(3) escape from a local correctional facility; or

(4) absconds from court-ordered home detention.

(d) The written order of the court services director or designee of a county probation agency established under this section and not organized under chapter 401 is sufficient authority for any peace officer or county probation officer to take and place in actual custody any person on a court-authorized pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.

Sec. 4. Minnesota Statutes 1994, section 352.90, is amended to read:

352.90 [POLICY.]

It is the policy of the legislature to provide special retirement benefits and contributions for certain correctional employees who may be required to retire at an early age because they lose the mental or physical capacity required to maintain the safety, security, discipline, and custody of inmates at state adult correctional facilities or of patients at the Minnesota security hospital or at the Minnesota sexual psychopathic personality treatment center.

Sec. 5. Minnesota Statutes 1994, section 352.91, subdivision 1, is amended to read:

Subdivision 1. [QUALIFYING JOBS.] "Covered correctional service" means: (1) services service performed on, before, or after July 1, 1973, by a state employee, as defined in section 352.01, employed at a state correctional facility, the Minnesota security hospital, or the Minnesota sexual psychopathic personality treatment center as an attendant guard, attendant guard supervisor, correctional captain, correctional counselor I, correctional counselor II, correctional counselor III, correctional counselor IV, correctional lieutenant, correctional officer, correctional sergeant, director of attendant guards, and guard farmer garden, provided the employee was employed in the position on July 1, 1973, or after; (2) services performed before July 1, 1973, by an employee covered under clause (1) in a position classified as a houseparent, special schools counselor, shop instructor, or guard instructor; and (3) services performed before July 1, 1973, in a position listed in clause (1) and positions classified as houseparent, guard instructor, and guard farmer dairy, by a person employed on July 1, 1973, in a position classified as a license plant manager, prison industry lead supervisor (general, metal fabricating and foundry), prison industry supervisor, food service manager, prison farmer supervisor, prison farmer assistant supervisor, or rehabilitation therapist employed at the Minnesota security hospital. However, an employee is not covered under sections 352.91 to 352.951 if first employed after July 1, 1973, and because of age could not acquire sufficient service to qualify for an annuity as a correctional employee:

(1) a corrections officer 1;

(2) a corrections officer 2;

(3) a corrections officer 3;

(4) a corrections officer supervisor;

(5) a corrections officer 4;

(6) a corrections captain;

(7) a security counselor; or

(8) a security counselor lead.

Sec. 6. Minnesota Statutes 1994, section 352.91, subdivision 2, is amended to read:

Subd. 2. [TEACHING, MAINTENANCE, AND TRADES.] "Covered correctional service" also means service rendered at any time by state employees as special teachers, maintenance personnel, and members of trades certified by the commissioner of employee relations as being regularly engaged in rehabilitation, treatment, custody, or supervision of inmates employed at the a Minnesota correctional facility-St. Cloud, the Minnesota correctional facility-Stillwater and the Minnesota correctional facility-Shakopee on or after July 1, 1974, other than any employees who are age 62 or older as of July 1, 1974. Effective the first payroll period after June 1, 1980, or the date of initial employment in covered correctional service, whichever is later, "covered correctional service" also includes those employees of the Minnesota correctional facility-Lino Lakes and the employees of any other adult state correctional facility which may be established, who perform covered correctional service after June 1, 1980. "Special teacher" also includes the classifications of facility educational administrator and supervisor facility, or of patients at the Minnesota security hospital or at the Minnesota sexual psychopathic personality treatment center.

Sec. 7. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 2a. [SPECIAL TEACHERS.] "Covered correctional service" also means service rendered by a state employee as a special teacher employed by the department of corrections or by the department of human services at a security unit, provided that at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner, unless the person elects to retain the current retirement coverage under section 15.

Sec. 8. Minnesota Statutes 1994, section 352.91, subdivision 3b, is amended to read:

Subd. 3b. [OLDER EMPLOYEES FORMERLY EXCLUDED.] "Covered correctional service" also means service performed by certain state employees in positions usually covered by this section who: (1) were excluded by law from coverage between July 1973 and July 1980; (2) were age 45 or over when hired; (3) are were state employees on March 26, 1986; and (4) elect who elected coverage. Eligible employees who elect coverage must file written notice of their election with the director before July 1, 1986. An employee who did not elect coverage before July 1, 1986, is not covered by the correctional retirement plan, even if the employee's employment classification may be considered to be covered correctional service under another subdivision of this section.

Sec. 9. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 3c. [NURSING PERSONNEL.] (a) "Covered correctional service" means service by a state employee in one of the employment positions at a correctional facility or at the Minnesota security hospital specified in paragraph (b), provided that at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner, unless the person elects to retain the current retirement coverage under section 15.

(b) The employment positions are as follows:

(1) registered nurse - senior;

(2) registered nurse;

(3) registered nurse - principal; and

(4) licensed practical nurse 2.

Sec. 10. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 3d. [OTHER CORRECTIONAL PERSONNEL.] (a) "Covered correctional service" means service by a state employee in one of the employment positions at a correctional facility or at the Minnesota security hospital specified in paragraph (b), provided that at least 75 percent of the employee's working time is spent in direct contact with inmates or patients and the fact of this direct contact is certified to the executive director by the appropriate commissioner, unless the person elects to retain the current retirement coverage under section 15.

(b) The employment positions are as follows: baker, chemical dependency counselor supervisor, chief cook, cook, cook coordinator, corrections behavior therapist, corrections behavior therapist specialist, corrections parent education coordinator, corrections security caseworker, corrections security caseworker career, corrections teaching assistant, dentist, electrician supervisor, general repair worker, library/information research services specialist, library information research services specialist senior, plumber supervisor, psychologist 3, recreation therapist, recreation therapist coordinator, recreation program assistant, recreation therapist senior, stores clerk senior, water treatment plant operator, work therapy technician, work therapy assistant, work therapy program coordinator.

Sec. 11. Minnesota Statutes 1994, section 352.91, subdivision 4, is amended to read:

Subd. 4. [CERTIFICATION PROCEDURE FOR ADDITIONAL POSITIONS.] Upon the recommendation of the commissioner of corrections or the commissioner of human services, whichever is the appropriate employing authority, with the approval of the legislative advisory committee and with notification to and receipt of comments from the legislative commission on pensions and retirement, the commissioner of employee relations may certify additional civil service classifications positions at a state correctional or security hospital facilities facility, the Minnesota security hospital, or the Minnesota sexual psychopathic personality treatment center to the executive director of the Minnesota state retirement system as positions rendering covered correctional service. The commissioner of corrections and the commissioner of human services must establish, in writing, a set of criteria upon which to base a recommendation for certifying additional civil service classifications as rendering covered correctional service.

Sec. 12. Minnesota Statutes 1994, section 352.91, is amended by adding a subdivision to read:

Subd. 5. [CORRECTION OF ERRORS.] (a) If it is determined that an employee should have been covered by the correctional retirement plan but was placed in the general employees retirement plan or teachers retirement association in error, the commissioner of corrections or the commissioner of human services must report the error to the executive director of the Minnesota state retirement system. The service must be properly credited under the correctional employees retirement plan for a period of not to exceed five years before the date on which the commissioner of corrections or human services notifies the executive director of the Minnesota state retirement system in writing or five years from the date on which an employee requests, in writing, the applicable department to determine if the person has appropriate retirement plan coverage, whichever is earlier. If the error covers more than a five-year period, the service before the five-year period must remain under the plan originally credited the service. The employee shall pay the difference between the employee contributions actually paid during the five-year period and what should have been paid under the correctional employees retirement plan. The department making the error shall pay to the correctional employees retirement plan an amount equal to the difference in the present value of accrued retirement benefits caused by the change in coverage after subtracting the amount paid by the employee. Calculation of this amount must be made by the executive director of the Minnesota state retirement system using the applicable preretirement interest rate specified in section 356.215, subdivision 4d, and the mortality table adopted for the Minnesota state retirement system. The calculation must assume continuous future service in the correctional employees retirement plan until the employee would reach the age eligible for normal retirement. The calculation must also assume a future salary history that includes annual salary increases at the salary increase rate or rates specified in section 356.215, subdivision 4d.

(b) If an employee was covered under the correctional employees retirement plan, but it is determined that the person should have been covered under the general employees retirement plan, the error must be corrected if written notification is provided to the employee and the executive director of the Minnesota state retirement system within three years of the date on which the coverage was improperly started. The difference in employee and employer contributions actually paid to the correctional employees retirement plan in excess of the amount that should have been paid to the general employees retirement plan must be refunded to the employee and the employer paying the additional contributions.

Sec. 13. Minnesota Statutes 1994, section 352.92, subdivision 2, is amended to read:

Subd. 2. [EMPLOYER CONTRIBUTIONS.] (a) In lieu of employer contributions payable under section 352.04, subdivision 3, the employer shall contribute for covered correctional employees an amount equal to 6.27 6.75 percent of salary.

(b) By January 1 of each year, the board of directors shall report to the legislative commission on pensions and retirement, the chair of the committee on appropriations of the house of representatives, and the chair of the committee on finance of the senate on the amount raised by the employer and employee contribution rates in effect and whether the total amount is less than, the same as, or more than the actuarial requirement determined under section 356.215.

Sec. 14. Minnesota Statutes 1994, section 401.10, is amended to read:

401.10 [COMMUNITY CORRECTIONS EQUALIZATION FORMULA AID.]

Subdivision 1. [AID CALCULATIONS.] To determine the community corrections aid amount to be paid to each participating counties county, the commissioner of corrections will must apply the following formula:

(1) All 87 counties will be scored in accordance with a formula involving four factors:

(a) per capita income;

(b) per capita net tax capacity;

(c) per capita expenditure per 1,000 population for correctional purposes, and;

(d) percent of county population aged six through 30 years of age according to the most recent federal census, and, in the intervening years between the taking of the federal census, according to the state demographer.

"Per capita expenditure per 1,000 population" for each county is to be determined by multiplying the number of persons convicted of a felony under supervision in each county at the end of the current year by $350. To the product thus obtained will be added:

(i) the number of presentence investigations completed in that county for the current year multiplied by $50;

(ii) the annual cost to the county for county probation officers' salaries for the current year; and

(iii) 33-1/3 percent of such annual cost for probation officers' salaries.

The total figure obtained by adding the foregoing items is then divided by the total county population according to the most recent federal census, or, during the intervening years between federal censuses, according to the state demographer.

(2) The percent of county population aged six through 30 years shall be determined according to the most recent federal census, or, during the intervening years between federal censuses, according to the state demographer.

(3) Each county is then scored as follows:

(a) Each county's per capita income is divided into the 87 county average;

(b) Each county's per capita net tax capacity is divided into the 87 county average;

(c) Each county's per capita expenditure for correctional purposes is divided by the 87 county average;

(d) Each county's percent of county population aged six through 30 is divided by the 87 county average.

(4) The scores given each county on each of the foregoing four factors are then totaled and divided by four.

(5) The quotient thus obtained then becomes the computation factor for the county. This computation factor is then multiplied by a "dollar value," as fixed by the appropriation pursuant to sections 401.01 to 401.16, times the total county population. The resulting product is the amount of subsidy to which the county is eligible under sections

401.01 to 401.16. Notwithstanding any law to the contrary, the commissioner of corrections, after notifying the committees on finance of the senate and appropriations of the house of representatives, may, at the end of any fiscal year, transfer any unobligated funds in any appropriation to the department of corrections to the appropriation under sections 401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes of sections 401.01 to 401.16.

(1) For each of the 87 counties in the state, a percent score must be calculated for each of the following six factors:

(a) percent of the total state population aged ten to 24 residing within the county according to the most recent federal census, and, in the intervening years between the taking of the federal census, according to the most recent estimate of the state demographer;

(b) percent of the statewide total number of adult arrests for part I crimes occurring within the county, as determined by the commissioner of public safety;

(c) percent of the statewide total number of juvenile apprehensions for part I and II crimes occurring within the county, as reported by the commissioner of public safety;

(d) percent of the statewide total number of gross misdemeanor case filings occurring within the county, as determined by the state court administrator; and

(e) percent of the total statewide number of convicted felony offenders who did not receive an executed prison sentence, as monitored and reported by the sentencing guidelines commission.

The percents in clauses (b) to (e) must be calculated by combining the most recent three-year period of available data. The percents in clauses (a) to (e) each must sum to 100 percent across the 87 counties.

(2) For each of the 87 counties, the county's percents in clauses (a) to (e) must be weighted, summed, and divided by the sum of the weights to yield an average percent for each county, referred to as the county's "composite need percent." When performing this calculation, the weight for each of the percents in clauses (a) to (e) is 1.0. The composite need percent must sum to 100 percent across the 87 counties.

(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the county's adjusted net tax capacity amount, defined in the same manner as it is defined for cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the 87 counties.

(4) For each of the 87 counties, the county's composite need percent must be divided by the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by the county's composite need percent, results in the county's "tax base adjusted need percent."

(5) For each of the 87 counties, the county's tax base adjusted need percent must be added to twice the composite need percent, and the sum must be divided by 3, to yield the county's "weighted need percent."

(6) Each participating county's weighted need percent must be added to the weighted need percent of each other participating county to yield the "total weighted need percent for participating counties."

(7) Each participating county's weighted need percent must be divided by the total weighted need percent for participating counties to yield the county's "share percent." The share percents for participating counties must sum to 100 percent.

(8) Each participating county's "base funding amount" is the aid amount that the county received under this section for fiscal year 1995, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter, no county's aid amount under this section may be less than its base funding amount, provided that the total amount appropriated for this purpose is at least as much as the aggregate base funding amount defined in clause (9).

(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts for all participating counties. If a county that participated under this section during fiscal year 1995 chooses not to participate in any given year, then the aggregate base funding amount must be reduced by that county's base funding amount. If a county that did not participate under this section in fiscal year 1995 chooses to participate in any given year, then the

aggregate base funding amount must be increased by the amount of aid that the county would have received had it participated in fiscal year 1995, as reported by the commissioner of corrections, and the amount of increase shall be that county's base funding amount.

(10) In any given year, the total amount appropriated for this purpose first must be allocated to participating counties in accordance with each county's base funding amount. Then, any remaining amount in excess of the aggregate base funding amount must be allocated to participating counties in proportion to each county's share percent, and is referred to as the county's "formula amount."

Each participating county's "community corrections aid amount" equals the sum of (i) the county's base funding amount, and (ii) the county's formula amount.

However, if in any year the total amount appropriated for the purpose of this section is less than the aggregate base funding amount, then each participating county's community corrections aid amount is the product of (i) the county's base funding amount multiplied by (ii) the ratio of the total amount appropriated to the aggregate base funding amount.

For each participating county, the county's community corrections aid amount calculated in this subdivision is the total amount of subsidy to which the county is entitled under sections 401.01 to 401.16.

Subd. 2. [TRANSFER OF FUNDS.] Notwithstanding any law to the contrary, the commissioner of corrections, after notifying the committees on finance of the senate and ways and means of the house of representatives, may, at the end of any fiscal year, transfer any unobligated funds in any appropriation to the department of corrections to the appropriation under sections 401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes of sections 401.01 to 401.16.

Subd. 3. [FORMULA REVIEW.] Prior to January 16, 2002, the committees with jurisdiction over community corrections funding decisions in the house of representatives and the senate, in consultation with the department of corrections and any interested county organizations, must review the formula in subdivision 1 and make recommendations to the legislature for its continuation, modification, replacement, or discontinuation.

Sec. 15. [TEMPORARY PROVISION; ELECTION TO RETAIN RETIREMENT COVERAGE.]

(a) An employee in a position specified as qualifying under sections 7, 9, and 10, may elect to retain coverage under the general employees retirement plan of the Minnesota state retirement system or the teachers retirement association, or may elect to have coverage transferred to and to contribute to the correctional employees retirement plan. An employee electing to participate in the correctional employees retirement plan shall begin making contributions to the correctional plan beginning the first full pay period after June 30, 1996, or the first full pay period following filing of their election to transfer coverage to the correctional employees retirement plan, whichever is later. The election to retain coverage or to transfer coverage must be made in writing by the person on a form prescribed by the executive director of the Minnesota state retirement system and must be filed with the executive director no later than December 31, 1996.

(b) An employee failing to make an election by December 15, 1996, must be notified by certified mail by the executive director of the Minnesota state retirement system or of the teachers retirement association, whichever applies, of the deadline to make a choice. A person who does not submit an election form must continue coverage in the general employees retirement plan or the teachers retirement association, whichever applies, and forfeits all rights to transfer retirement coverage to the correctional employees retirement plan.

(c) The election to retain coverage in the general employee retirement plan or the teachers retirement association or the election to transfer retirement coverage to the correctional employees retirement plan is irrevocable once it is filed with the executive director.

Sec. 16. [COVERAGE FOR PRIOR STATE SERVICE FOR CERTAIN PERSONS.]

Subdivision 1. [ELECTION OF PRIOR STATE SERVICE COVERAGE.] (a) An employee who has future retirement coverage transferred to the correctional employees retirement plan under sections 7, 9, and 10, and who does not elect to retain general state employee retirement plan or teachers retirement association coverage is entitled to elect to obtain prior service credit for eligible state service performed on or after July 1, 1975, and before the first day of the first full pay period beginning after June 30, 1996, with the department of corrections or with the department of human services at the Minnesota security hospital. All prior service credit must be purchased.

(b) Eligible state service with the department of corrections or with the department of human services is any prior period of continuous service on or after July 1, 1975, performed as an employee of the department of corrections or of the department of human services that would have been eligible for the correctional employees retirement plan coverage under sections 7, 9, and 10, if that prior service had been performed after the first day of the first full pay period beginning after June 30, 1996, rather than before that date. Service is continuous if there has been no period of discontinuation of eligible state service for a period greater than 180 calendar days.

(c) The department of corrections or the department of human services, whichever applies, shall certify eligible state service to the executive director of the Minnesota state retirement system.

(d) A covered correctional plan employee employed on July 1, 1996, who has past service in a job classification covered under section 7, 9, or 10, on July 1, 1996, is entitled to purchase the past service if the applicable department certifies that the employee met the eligibility requirements for coverage. The employee must make the additional employee contributions under section 11. Payments for past service must be completed by September 30, 1998.

Subd. 2. [PAYMENT FOR PRIOR SERVICE.] (a) An employee electing to obtain prior service credit under subdivision 1 must pay an additional employee contribution for that prior service except for any period of time that the employee was a member of the basic program of the teachers retirement association. The additional member contribution is the contribution differential percentage applied to the actual salary paid to the employee during the period of the prior eligible state service, plus interest at the rate of six percent per annum, compounded annually. The contribution differential percentage is the difference between 4.9 percent of salary and the applicable employee contribution rate of the general state employees retirement plan or the teachers retirement association during the prior eligible state service.

(b) The additional member contribution must be paid only in a lump sum. Payment must accompany the election to obtain prior service credit. No election or payment may be made by the person or accepted by the executive director after September 30, 1998.

Subd. 3. [TRANSFER OF ASSETS.] Assets must be transferred from the teachers retirement association or the general state employees retirement plan, whichever applies, to the correctional employees retirement plan in an amount equal to the present value of benefits earned under the general employees retirement plan or the teachers retirement plan, whichever applies, for each employee transferring to the correctional employees retirement plan, as determined by the actuary retained by the legislative commission on pensions and retirement in accordance with Minnesota Statutes, section 356.215, multiplied by the accrued liability funding ratio of active members as derived from the most recent actuarial valuation prepared by the commission-retained actuary. The transfer of assets must be made within 45 days after the employee elects to transfer coverage to the correctional employees retirement plan.

Subd. 4. [EFFECT OF THE ASSET TRANSFER.] Upon the transfer of assets in subdivision 3, service credit in the general state employees plan of the Minnesota state retirement system or the teachers retirement association, whichever applies, is forfeited and may not be reinstated. The service credit and transferred assets must be credited to the correctional employees retirement plan.

Subd. 5. [COUNSELING.] (a) The commissioners of corrections, human services, and employee relations, and the executive directors of the Minnesota state retirement system and teachers retirement association have the joint responsibility of providing affected employees of the department of corrections or the department of human services with appropriate and timely retirement and related benefit counseling.

(b) Counseling must include the anticipated impact of the retirement coverage change on the person's future retirement benefit amounts, future retirement eligibility, future applicability of mandatory retirement laws, and future postemployment insurance coverage.

(c) The commissioners of corrections and human services must consult with the appropriate collective bargaining agents of the affected employees regarding the content, form, and timing of the counseling required by this section.

Sec. 17. [TRANSITIONAL PROVISION; RETENTION OF CERTAIN RIGHTS.]

(a) Nothing in this act may be considered to restrict the entitlement of a person under state law to repay a previously taken refund of employee or member contributions to a Minnesota public pension plan if all qualifying requirements are met.

(b) The period of correctional employees retirement plan contributions, plus interest, must be restored upon the repayment of the appropriate refund amount if the service was correctional employees retirement plan covered service on the date when the service was rendered or on the date when the refund was taken.

Sec. 18. [EARLY RETIREMENT INCENTIVE.]

This section applies to an employee who has future retirement coverage transferred to the correctional employee retirement plan under sections 7, 9, and 10, and who is at least 55 years old on the effective date of sections 7, 9, and 10. That employee may participate in a health insurance early retirement incentive available under the terms of a collective bargaining agreement in effect on the day before the effective date of sections 7, 9, and 10, notwithstanding any provision of the collective bargaining agreement that limits participation to persons who select the option during the payroll period in which their 55th birthday occurs. A person selecting the health insurance early retirement incentive under this section must retire by the later of September 30, 1996, or within the pay period following the time at which the person has at least three years of covered correctional service, including any purchased service credit. An employee meeting this criteria who wishes to extend the person's employment must do so under Minnesota Statutes, section 43A.34, subdivision 3.

Sec. 19. [REPEALER.]

Minnesota Statutes 1994, section 352.91, subdivision 3, is repealed.

Sec. 20. [EFFECTIVE DATE.]

Sections 1 to 3 are effective August 1, 1996.

Sections 4 to 13 and 15 to 19 are effective on the first day of the first full pay period beginning after June 30, 1996.

Section 14 is effective July 1, 1996, and shall be used for calculating the community correction aid distribution for fiscal year 1997 and thereafter.

Section 1. Minnesota Statutes 1994, section 13.99, subdivision 53a, is amended to read:

Subd. 53a. [CONTROLLED SUBSTANCE CONVICTIONS.] Data on certain convictions for controlled substances offenses may be expunged under section 152.18, subdivisions 2 and subdivision 3.

Sec. 2. Minnesota Statutes 1995 Supplement, section 152.18, subdivision 1, is amended to read:

Subdivision 1. If any person who has not previously participated in or completed a diversion program authorized under section 401.065 or who has not previously been placed on probation without a judgment of guilty and thereafter been discharged from probation under this section is found guilty of a violation of section 152.024, subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial or upon a plea of guilty, and the court determines that the violation does not qualify as a subsequent controlled substance conviction under section 152.01, subdivision 16a, the court may, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period, not to exceed the maximum sentence provided for the violation. The court may give the person the opportunity to attend and participate in an appropriate program of education regarding the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person's probation. If during the period of probation the person does not violate any of the conditions of the probation, then upon expiration of the period the court shall discharge the person and dismiss the proceedings against that person. Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of it shall be retained by the department of public safety bureau of criminal apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the person. The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections authorities,

the department bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open it pursuant to this section. The court shall forward a record of any discharge and dismissal under this subdivision to the department of public safety who bureau which shall make and maintain the not public record of it as provided under this subdivision. The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section 13.02, subdivision 8a.

Sec. 3. Minnesota Statutes 1995 Supplement, section 242.31, subdivision 1, is amended to read:

Subdivision 1. Whenever a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification under the provisions of section 260.125 is finally discharged by order of the commissioner, that discharge shall restore the person to all civil rights and, if so ordered by the commissioner of corrections, also shall have the effect of setting aside the conviction, nullifying it and purging the person of it. The commissioner shall file a copy of the order with the district court of the county in which the conviction occurred; upon receipt, the court shall order the conviction set aside. An order setting aside a conviction for a crime of violence as defined in section 624.712, subdivision 5, must provide that the person is not entitled to ship, transport, possess, or receive a firearm until ten years have elapsed since the order was entered and during that time the person was not convicted of any other crime of violence. A person whose conviction was set aside under this section and who thereafter has received a relief of disability under United States Code, title 18, section 925, shall not be subject to the restrictions of this subdivision.

Sec. 4. Minnesota Statutes 1994, section 242.31, subdivision 2, is amended to read:

Subd. 2. Whenever a person described in subdivision 1 has been placed on probation by the court pursuant to section 609.135 and, after satisfactory fulfillment of it, is discharged from probation, the court shall issue an order of discharge pursuant to subdivision 2a and section 609.165. On application of the defendant or on its own motion and after notice to the county attorney, the court in its discretion may also order that the defendant's conviction be set aside with the same effect as a court order under subdivision 1.

These orders restore This order restores the defendant to civil rights and purge and free the defendant from all penalties and disabilities arising from the defendant's conviction and the conviction shall not thereafter be used against the defendant, except in a criminal prosecution for a subsequent offense if otherwise admissible therein. In addition, the record of the defendant's conviction shall be sealed and may be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the court or the department of public safety shall notify the requesting party of the existence of the sealed record and the right to seek a court order to open it pursuant to this section.

Sec. 5. Minnesota Statutes 1995 Supplement, section 299C.11, is amended to read:

299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]

The sheriff of each county and the chief of police of each city of the first, second, and third classes shall furnish the bureau, upon such form as the superintendent shall prescribe, with such finger and thumb prints, photographs, distinctive physical mark identification data, and other identification data as may be requested or required by the superintendent of the bureau, which may be taken under the provisions of section 299C.10, of persons who shall be convicted of a felony, gross misdemeanor, or who shall be found to have been convicted of a felony or gross misdemeanor, within ten years next preceding their arrest. Upon the determination of all pending criminal actions or proceedings in favor of the arrested person, and the granting of the petition of the arrested person under chapter 609A, the bureau shall, upon demand, have all such finger and thumb prints, seal photographs, distinctive physical mark identification data, and other identification data, and all copies and duplicates thereof, returned, provided of them, if it is not established by the arrested person that the arrested person has not been convicted of any felony, gross misdemeanor, or a similar misdemeanor, either within or without the state, within the period of ten years immediately preceding such determination. The expunged photographs, distinctive physical mark identification data, and other identification data shall not be destroyed but shall be sealed and may be opened upon statutory authorization, or upon an ex parte court order for purposes of criminal investigation, prosecution, or sentencing. Finger and thumbprints and DNA samples and DNA records of the arrested person shall not be returned, sealed, or destroyed.

For purposes of this section, "determination of all pending criminal actions or proceedings in favor of the arrested person" does not include:

(1) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or 609.168 chapter 609A; or

(2) the arrested person's successful completion of a diversion program;

(3) an order of discharge under section 609.165; or

(4) a pardon granted under section 638.02.

Sec. 6. Minnesota Statutes 1994, section 299C.13, is amended to read:

299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.]

Upon receipt of information data as to any arrested person, the bureau shall immediately ascertain whether the person arrested has a criminal record or is a fugitive from justice, and shall at once inform the arresting officer of the facts ascertained. Upon application by any sheriff, chief of police, or other peace officer in the state, or by an officer of the United States or by an officer of another state, territory, or government duly authorized to receive the same and effecting reciprocal interchange of similar information with the division, it shall be the duty of the bureau to furnish all information in its possession pertaining to the identification of any person. If the bureau has a sealed record on the arrested person, it shall notify the requesting peace officer of that fact and of the right to seek a court order to open the record for purposes of law enforcement. A criminal justice agency shall be notified, upon request, of the existence and contents of a sealed record containing conviction information about an applicant for employment. For purposes of this section a "criminal justice agency" means courts or a government agency that performs the administration of criminal justice under statutory authority and which allocates a substantial part of its annual budget to the administration of criminal justice.

Sec. 7. [609A.01] [CRIMINAL RECORDS EXPUNGEMENT.]

Subdivision 1. [DEFINITION.] "Expungement" means the sealing of records and disclosing their existence or opening them only under court order or statutory authority. "Expungement" shall not include the destruction of records or their return to an arrested or convicted individual.

Subd. 2. [SCOPE OF CHAPTER.] This chapter provides the grounds and procedure for expungement of criminal arrest or conviction records under sections 13.82; 152.18, subdivision 1; 299C.11; or other applicable law.

Sec. 8. [609A.02] [GROUNDS FOR EXPUNGEMENT ORDER.]

Subdivision 1. [CERTAIN CONTROLLED SUBSTANCE OFFENSES.] Upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance, or on other grounds permitted by law, the person may petition under section 609A.03 for expungement of all records relating to the arrest, indictment or information, trial, and dismissal and discharge.

Subd. 2. [JUVENILES PROSECUTED AS ADULTS.] A petition for expungement of a conviction record may be filed under section 609A.03 by a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification to district court under section 260.125, if the person:

(1) is finally discharged by the commissioner; or

(2) has been placed on probation by the court under section 609.135 and has been discharged from probation after satisfactory fulfillment of it.

Subd. 3. [EXPUNGEMENT PROHIBITED.] Expungement shall not be sought and shall not be granted for the record of a conviction of an offense for which registration is required under section 243.166.

Sec. 9. [609A.03] [PETITION TO EXPUNGE CRIMINAL ARREST OR CONVICTION RECORDS.]

Subdivision 1. [PETITION; FILING FEE.] An individual who is the subject of a criminal arrest or conviction record who is seeking the expungement of the record shall file a petition under this section and pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The filing fee may be waived in cases of indigency.

Subd. 2. [CONTENTS OF PETITION.] A petition for expungement shall be signed under oath by the petitioner and shall state the following:

(1) the petitioner's full name and all other legal names or aliases by which the petitioner has been known at any time;

(2) the petitioner's date of birth;

(3) all of the petitioner's addresses from the date of the offense or alleged offense in connection with which an expungement order is sought, to the date of the petition;

(4) why expungement is sought, if it is for employment or licensure purposes, the statutory or other legal authority under which it is sought, and why it should be granted;

(5) the details of the offense or arrest for which expungement is sought, including date and jurisdiction of the occurrence, court file number, and date of conviction or of dismissal;

(6) in the case of a conviction, what steps the petitioner has taken since the time of the offense toward personal rehabilitation, including treatment, work, or other personal history that demonstrates rehabilitation;

(7) petitioner's criminal conviction record indicating all convictions for misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable convictions in any other state, federal court, or foreign country, whether the convictions occurred before or after the arrest or conviction for which expungement is sought; and

(8) all prior requests by the petitioner, whether for the present arrest or conviction or for any other arrest or conviction, in this state or any other state or federal court, for pardon, return of arrest records, or expungement or sealing of a criminal record, whether granted or not, and all stays of adjudication or imposition of sentence involving the petitioner.

Subd. 3. [SERVICE OF PETITION.] The petition for expungement and a proposed expungement order shall be served by mail on the state and local government agencies and jurisdictions whose records would be affected by the proposed order. Service shall also be made by mail on the attorney for each agency and jurisdiction.

Subd. 4. [HEARING.] A hearing on the petition shall be held not sooner than 60 days after service of the petition.

Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS RESTRICTION.] (a) Expungement of an arrest or conviction record is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of:

(1) sealing the record; and

(2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.

(b) If the court issues an expungement order it may require that:

(1) the record of an arrest or conviction shall be sealed, the existence of the record shall not be revealed, and the record shall not be opened except as required under subdivision 7; or

(2) the record of a conviction shall not be sealed but shall indicate that expungement of the record was granted.

(c) An order expunging the record of a conviction for a crime of violence as defined in section 624.712, subdivision 5, must provide that the person is not entitled to ship, transport, possess, or receive a firearm until ten years have elapsed since the order was entered and during that time the person was not convicted of any other crime of violence. Any person whose record of conviction is expunged under this section and who thereafter receives a relief of disability under United States Code, title 18, section 925, is not subject to the restriction in this paragraph.

Subd. 6. [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] If the court orders the expungement of the record of proceedings under section 152.18, the effect of the order shall be to restore the person, in the contemplation of the law, to the status the person occupied before the arrest, indictment, or information. The person shall not be held guilty of perjury or otherwise of giving a false statement if the person fails to acknowledge the arrest, indictment, information, or trial in response to any inquiry made for any purpose.

Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an expungement order related to an arrest, the finger and thumbprints, DNA samples and DNA records held by the bureau of criminal apprehension or any other law enforcement agency shall not be sealed, returned, or destroyed.

(b) Notwithstanding the issuance of an expungement order under this chapter:

(1) an expunged record of an arrest or conviction may be opened for purposes of a criminal investigation, prosecution, or sentencing upon an ex parte court order; and

(2) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order.

Upon request by law enforcement, prosecution, or corrections authorities, an agency or jurisdiction subject to an expungement record shall inform the requester of the existence of a sealed record and of the right to obtain access to it as provided by this paragraph. For purposes of this section a "criminal justice agency" means courts or a government agency that performs the administration of criminal justice under statutory authority and which allocates a substantial part of its annual budget to the administration of criminal justice.

Subd. 8. [STAY OF ORDER; APPEAL.] An expungement order shall be automatically stayed for 60 days after filing of the order and, if the order is appealed, during the appeal period. A person or an agency or jurisdiction whose records would be affected by the order may appeal the order within 60 days of service of notice of filing of the order. An agency or jurisdiction or officials or employees thereof need not file a cost bond or supersedeas bond in order to further stay the proceedings or file an appeal.

Subd. 9. [DISTRIBUTION OF EXPUNGEMENT ORDERS.] If an expungement order is issued, the court administrator shall send a copy of it to each agency and jurisdiction whose records are affected by the terms of the order.

Sec. 10. [REPEALER.]

Minnesota Statutes 1994, sections 152.18, subdivision 2; 242.31, subdivision 3; 609.166; 609.167; and 609.168, are repealed.

Sec. 11. [EFFECTIVE DATE; APPLICATION.]

Sections 1 to 10 are effective the day following final enactment and apply to requests for expungement of criminal arrest or conviction records initiated on or after that date.

Section 1. Minnesota Statutes 1995 Supplement, section 144.057, subdivision 1, is amended to read:

Subdivision 1. [BACKGROUND STUDIES REQUIRED.] The commissioner of health shall contract with the commissioner of human services to conduct background studies of:

(1) individuals providing services which have direct contact, as defined under section 245A.04, subdivision 3, with patients and residents in hospitals, boarding care homes, outpatient surgical centers licensed under sections 144.50 to 144.58; nursing homes and home care agencies licensed under chapter 144A; residential care homes licensed under chapter 144B, and board and lodging establishments that are registered to provide supportive or health supervision services under section 157.031 157.17.

If a facility or program is licensed by the department of human services and subject to the background study provisions of chapter 245A and is also licensed by the department of health, the department of human services is solely responsible for the background studies of individuals in the jointly licensed programs.

Sec. 2. Minnesota Statutes 1995 Supplement, section 144.057, subdivision 3, is amended to read:

Subd. 3. [RECONSIDERATIONS.] The commissioner of health shall review and decide reconsideration requests, including the granting of variances, in accordance with the procedures and criteria contained in chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090. The commissioner's decision shall be provided to the individual and

to the department of human services. The commissioner's decision to grant or deny a reconsideration of disqualification is the final administrative agency action.

Sec. 3. Minnesota Statutes 1995 Supplement, section 144.057, subdivision 4, is amended to read:

Subd. 4. [RESPONSIBILITIES OF FACILITIES.] Facilities described in subdivision 1 shall be responsible for cooperating with the departments in implementing the provisions of this section. The responsibilities imposed on applicants and licensees under chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090, shall apply to these facilities. The provision of section 245A.04, subdivision 3, paragraph (d) (e), shall apply to applicants, licensees, or an individual's refusal to cooperate with the completion of the background studies.

Sec. 4. Minnesota Statutes 1994, section 144A.46, subdivision 5, is amended to read:

Subd. 5. [PRIOR CRIMINAL CONVICTIONS.] (a) All persons who have or will have direct contact with clients, including the home care provider, employees of the provider, and applicants for employment Before the commissioner issues a license and, as defined in the home care licensure rules promulgated by the commissioner of health, an owner or managerial official shall be required to disclose all criminal convictions. The commissioner may adopt rules that may require a person who must disclose criminal convictions under this subdivision to provide fingerprints and releases that authorize law enforcement agencies, including the bureau of criminal apprehension and the Federal Bureau of Investigation, to release information about the person's criminal convictions to the commissioner and home care providers. The bureau of criminal apprehension, county sheriffs, and local chiefs of police shall, if requested, provide the commissioner with criminal conviction data available from local, state, and national criminal record repositories, including the criminal justice data communications network. No person may be employed by a home care provider in a position that involves contact with recipients of home care services nor may any person be involved in the management, operation, or control of a provider, if the person has been convicted of a crime that relates to the provision of home care services or to the position, duties, or responsibilities undertaken by that person in the operation of the home care provider, unless the person can provide sufficient evidence of rehabilitation. The commissioner shall adopt rules for determining what types of employment positions, including volunteer positions, involve contact with recipients of home care services, and whether a crime relates to home care services and what constitutes sufficient evidence of rehabilitation. The rules must require consideration of the nature and seriousness of the crime; the relationship of the crime to the purposes of home care licensure and regulation; the relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the person's position; mitigating circumstances or social conditions surrounding the commission of the crime; the length of time elapsed since the crime was committed; the seriousness of the risk to the home care client's person or property; and other factors the commissioner considers appropriate. Data collected under this subdivision shall be classified as private data under section 13.02, subdivision 12.

(b) Employees, contractors, and volunteers of a home care provider or hospice are subject to the background study required by section 144.057. These individuals shall be disqualified under the provisions of chapter 245A and Minnesota Rules, parts 9543.3000 to 9543.3090. Until October 1, 1997, grounds for disqualification shall also include the crimes specified under Minnesota Rules, part 4668.0020, subpart 14, or a comparable crime or act in another jurisdiction. Nothing in this section shall be construed to prohibit a home care provider from requiring self-disclosure of criminal conviction information; however, compliance with the provisions of section 144.057 constitutes compliance with the provisions of Minnesota Rules, part 4668.0020, subpart 8.

(c) Notwithstanding the provisions of Minnesota Rules, part 4668.0020, subparts 12, 13, and 15, disqualifications under paragraph (b), removal from a direct care position, and the process for reconsiderations shall be governed by the provisions of section 144.057.

(d) Unless superseded by the provisions of section 144.057 or this section, the provisions of Minnesota Rules, part 4668.0020, remain in effect.

(b) (e) Termination of an employee in good faith reliance on information or records obtained under paragraph (a) or (b) regarding a confirmed conviction does not subject the home care provider to civil liability or liability for reemployment insurance benefits.

Sec. 5. Minnesota Statutes 1995 Supplement, section 245A.04, subdivision 3, is amended to read:

Subd. 3. [STUDY OF THE APPLICANT.] (a) Before the commissioner issues a license, the commissioner shall conduct a study of the individuals specified in paragraph (c), clauses (1) to (5), according to rules of the commissioner.

The commissioner shall also conduct a study of employees providing direct contact services for nonlicensed personal care provider organizations described in paragraph (c), clause (5).

The commissioner shall recover the cost of these background studies through a fee of no more than $12 per study charged to the personal care provider organization.

(b) Beginning July 1, 1997, the commissioner shall conduct a background study on individuals specified in paragraph (c), clauses (1) to (5), who perform direct contact services in a nursing home or a home care agency licensed under chapter 144A or a boarding care home licensed under sections 144.50 to 144.58, when the subject of the study resides outside Minnesota; the study must be at least as comprehensive as that of a Minnesota resident and include a search of information from the criminal justice data communications network in the state where the subject of the study resides.

(c) The applicant, license holder, the bureau of criminal apprehension, the commissioner of health and county agencies, after written notice to the individual who is the subject of the study, shall help with the study by giving the commissioner criminal conviction data and reports about abuse or neglect the maltreatment of adults in licensed programs substantiated under section 626.557 and the maltreatment of minors in licensed programs substantiated under section 626.556. The individuals to be studied shall include:

(1) the applicant;

(2) persons over the age of 13 living in the household where the licensed program will be provided;

(3) current employees or contractors of the applicant who will have direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who have direct contact with persons served by the program to provide program services, if the contact is not directly supervised by the individuals listed in clause (1) or (3); and

(5) any person who, as an individual or as a member of an organization, exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, and 256B.0625, subdivision 19.

The juvenile courts shall also help with the study by giving the commissioner existing juvenile court records on individuals described in clause (2) relating to delinquency proceedings held within either the five years immediately preceding the application or the five years immediately preceding the individual's 18th birthday, whichever time period is longer. The commissioner shall destroy juvenile records obtained pursuant to this subdivision when the subject of the records reaches age 23.

For purposes of this section and Minnesota Rules, part 9543.3070, a finding that a delinquency petition is proven in juvenile court shall be considered a conviction in state district court.

For purposes of this subdivision, "direct contact" means providing face-to-face care, training, supervision, counseling, consultation, or medication assistance to persons served by a program. For purposes of this subdivision, "directly supervised" means an individual listed in clause (1), (3), or (5) is within sight or hearing of a volunteer to the extent that the individual listed in clause (1), (3), or (5) is capable at all times of intervening to protect the health and safety of the persons served by the program who have direct contact with the volunteer.

A study of an individual in clauses (1) to (5) shall be conducted at least upon application for initial license and reapplication for a license. The commissioner is not required to conduct a study of an individual at the time of reapplication for a license, other than a family day care or foster care license, if: (i) a study of the individual was conducted either at the time of initial licensure or when the individual became affiliated with the license holder; (ii) the individual has been continuously affiliated with the license holder since the last study was conducted; and (iii) the procedure described in paragraph (b) (d) has been implemented and was in effect continuously since the last study was conducted. For individuals who are required to have background studies under clauses (1) to (5) and who have been continuously affiliated with a foster care provider that is licensed in more than one county, criminal conviction data may be shared among those counties in which the foster care programs are licensed. A county agency's receipt of criminal conviction data from another county agency shall meet the criminal data background study requirements of this section.

The commissioner may also conduct studies on individuals specified in clauses (3) and (4) when the studies are initiated by:

(i) personnel pool agencies;

(ii) temporary personnel agencies;

(iii) educational programs that train persons by providing direct contact services in licensed programs; and

(iv) professional services agencies that are not licensed and which contract with licensed programs to provide direct contact services or individuals who provide direct contact services.

Studies on individuals in items (i) to (iv) must be initiated annually by these agencies, programs, and individuals. Except for personal care provider organizations, no applicant, license holder, or individual who is the subject of the study shall pay any fees required to conduct the study.

(1) At the option of the licensed facility, rather than initiating another background study on an individual required to be studied who has indicated to the licensed facility that a background study by the commissioner was previously completed, the facility may make a request to the commissioner for documentation of the individual's background study status, provided that:

(i) the facility makes this request using a form provided by the commissioner;

(ii) in making the request the facility informs the commissioner that either:

(A) the individual has been continuously affiliated with a licensed facility since the individual's previous background study was completed, or since October 1, 1995, whichever is shorter; or

(B) the individual is affiliated only with a personnel pool agency, a temporary personnel agency, an educational program that trains persons by providing direct contact services in licensed programs, or a professional services agency that is not licensed and which contracts with licensed programs to provide direct contact services or individuals who provide direct contact services; and

(iii) the facility provides notices to the individual as required in paragraphs (a) to (d), and that the facility is requesting written notification of the individual's background study status from the commissioner.

(2) The commissioner shall respond to each request under paragraph (1) with a written notice to the facility and the study subject. If the commissioner determines that a background study is necessary, the study shall be completed without further request from a licensed agency or notifications to the study subject.

(3) When a background study is being initiated by a licensed facility, a study subject affiliated with multiple licensed facilities may attach to the background study form a cover letter indicating the additional facilities' names, addresses, and background study identification numbers. When the commissioner receives such notices, each facility identified by the background study subject shall be notified of the study results. The background study notice sent to the subsequent agencies shall satisfy those facilities' responsibilities for initiating a background study on that individual.

(b) (d) If an individual who is affiliated with a program or facility regulated by the department of human services or department of health or who is affiliated with a nonlicensed personal care provider organization, is convicted of a crime constituting a disqualification under Minnesota Rules, parts 9543.3000 to 9543.3090, the probation officer or corrections agent shall notify the commissioner of the conviction. The commissioner, in consultation with the commissioner of corrections, shall develop forms and information necessary to implement this paragraph and shall provide the forms and information to the commissioner of corrections for distribution to local probation officers and corrections agents. The commissioner shall inform individuals subject to a background study that criminal convictions for disqualifying crimes will be reported to the commissioner by the corrections system. A probation officer, corrections agent, or corrections agency is not civilly or criminally liable for disclosing or failing to disclose the information required by this paragraph. Upon receipt of disqualifying information, the commissioner shall provide the notifications required in subdivision 3a, as appropriate to agencies on record as having initiated a background study or making a request for documentation of the background study status of the individual. This paragraph does not apply to family day care and foster care programs.

(c) (e) The individual who is the subject of the study must provide the applicant or license holder with sufficient information to ensure an accurate study including the individual's first, middle, and last name; home address, city, county, and state of residence for the past five years; zip code; sex; date of birth; and driver's license number. The applicant or license holder shall provide this information about an individual in paragraph (a) (c), clauses (1) to (5), on forms prescribed by the commissioner. The commissioner may request additional information of the individual, which shall be optional for the individual to provide, such as the individual's social security number or race.

(d) (f) Except for child foster care, adult foster care, and family day care homes, a study must include information from the county agency's record of substantiated abuse or neglect of adults in licensed programs related to names of substantiated perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section 626.557, subdivision 9c, paragraph (i), and the maltreatment of minors in licensed programs, information from juvenile courts as required in paragraph (a) (c) for persons listed in paragraph (a) (c), clause (2), and information from the bureau of criminal apprehension. For child foster care, adult foster care, and family day care homes, the study must include information from the county agency's record of substantiated abuse or neglect maltreatment of adults, and the commissioner's records relating to the maltreatment of minors, information from juvenile courts as required in paragraph (a) (c) for persons listed in paragraph (a) (c), clause (2), and information from the bureau of criminal apprehension. The commissioner may also review arrest and investigative information from the bureau of criminal apprehension, the commissioner of health, a county attorney, county sheriff, county agency, local chief of police, other states, the courts, or a national criminal record repository the Federal Bureau of Investigation if the commissioner has reasonable cause to believe the information is pertinent to the disqualification of an individual listed in paragraph (a) (c), clauses (1) to (5). The commissioner is not required to conduct more than one review of a subject's records from the national criminal record repository Federal Bureau of Investigation if a review of the subject's criminal history with the national criminal record repository Federal Bureau of Investigation has already been completed by the commissioner and there has been no break in the subject's affiliation with the license holder who initiated the background studies.

When the commissioner has reasonable cause to believe that further pertinent information may exist on the subject, the subject shall provide a set of classifiable fingerprints obtained from an authorized law enforcement agency. For purposes of requiring fingerprints, the commissioner shall be considered to have reasonable cause under, but not limited to, the following circumstances: (1) information from the bureau of criminal apprehension indicates that the subject is a multistate offender; (2) information from the bureau of criminal apprehension indicates that multistate offender status is undetermined; or (3) the commissioner has received a report from the subject or a third party indicating that the subject has a criminal history in a jurisdiction other than Minnesota.

(e) (g) An applicant's or license holder's failure or refusal to cooperate with the commissioner is reasonable cause to deny an application or immediately suspend, suspend, or revoke a license. Failure or refusal of an individual to cooperate with the study is just cause for denying or terminating employment of the individual if the individual's failure or refusal to cooperate could cause the applicant's application to be denied or the license holder's license to be immediately suspended, suspended, or revoked.

(f) (h) The commissioner shall not consider an application to be complete until all of the information required to be provided under this subdivision has been received.

(g) (i) No person in paragraph (a) (c), clause (1), (2), (3), (4), or (5) who is disqualified as a result of this section may be retained by the agency in a position involving direct contact with persons served by the program.

(h) (j) Termination of persons in paragraph (a) (c), clause (1), (2), (3), (4), or (5), made in good faith reliance on a notice of disqualification provided by the commissioner shall not subject the applicant or license holder to civil liability.

(i) (k) The commissioner may establish records to fulfill the requirements of this section.

(j) (l) The commissioner may not disqualify an individual subject to a study under this section because that person has, or has had, a mental illness as defined in section 245.462, subdivision 20.

(k) (m) An individual who is subject to an applicant background study under this section and whose disqualification in connection with a license would be subject to the limitations on reconsideration set forth in subdivision 3b, paragraph (c), shall be disqualified for conviction of the crimes specified in the manner specified in subdivision 3b, paragraph (c). The commissioner of human services shall amend Minnesota Rules, part 9543.3070, to conform to this section.

(l) An individual must be disqualified if it has been determined that the individual failed to make required reports under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which: (1) the final disposition under section 626.556 or 626.557 was substantiated maltreatment, and (2) the maltreatment was recurring or serious as defined in Minnesota Rules, part 9543.3020, subpart 10.

(m) (n) An individual subject to disqualification under this subdivision has the applicable rights in subdivision 3a, 3b, or 3c.

Sec. 6. Minnesota Statutes 1995 Supplement, section 256.045, subdivision 3, is amended to read:

Subd. 3. [STATE AGENCY HEARINGS.] (a) State agency hearings are available for the following: (1) any person applying for, receiving or having received public assistance or a program of social services granted by the state agency or a county agency under sections 252.32, 256.031 to 256.036, and 256.72 to 256.879, chapters 256B, 256D, 256E, 261, or the federal Food Stamp Act whose application for assistance is denied, not acted upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, or claimed to have been incorrectly paid; (2) any patient or relative aggrieved by an order of the commissioner under section 252.27; (3) a party aggrieved by a ruling of a prepaid health plan; or (4) any individual or facility determined by a lead agency to have maltreated a vulnerable adult under section 626.557 after they have exercised their right to administrative reconsideration under section 626.557. The failure to exercise the right to an administrative reconsideration shall not be a bar to a hearing under this section if federal law provides an individual the right to a hearing to dispute a finding of maltreatment. Individuals and organizations specified in this section may contest the specified action, decision, or final disposition before the state agency by submitting a written request for a hearing to the state agency within 30 days after receiving written notice of the action, decision, or final disposition, or within 90 days of such written notice if the applicant, recipient, patient, or relative shows good cause why the request was not submitted within the 30-day time limit.

The hearing for an individual or facility under clause (4) is the only administrative appeal to the final lead agency disposition specifically, including a challenge to the accuracy and completeness of data under section 13.04. Hearings requested under clause (4) apply only to incidents of maltreatment that occur after October 1, 1995. Hearings requested by nursing assistants in nursing homes alleged to have maltreated a resident prior to October 1, 1995, shall be held as a contested case proceeding under the provisions of chapter 14.

For purposes of this section, bargaining unit grievance procedures are not an administrative appeal.

(b) Except for a prepaid health plan, a vendor of medical care as defined in section 256B.02, subdivision 7, or a vendor under contract with a county agency to provide social services under section 256E.08, subdivision 4, is not a party and may not request a hearing under this section, except if assisting a recipient as provided in subdivision 4.

(c) An applicant or recipient is not entitled to receive social services beyond the services included in the amended community social services plan developed under section 256E.081, subdivision 3, if the county agency has met the requirements in section 256E.081.

Sec. 7. Minnesota Statutes 1995 Supplement, section 299C.67, subdivision 5, is amended to read:

Subd. 5. [OWNER.] "Owner" has the meaning given in section 566.18, subdivision 3. However, "owner" does not include a person who owns, operates, or is in control of a health care facility or a home health agency licensed by the commissioner of health or human services under chapter 144, 144A, or 144B, or 245A, or a board and lodging establishment with special services registered under section 157.17.

Sec. 8. Minnesota Statutes 1995 Supplement, section 299C.68, subdivision 2, is amended to read:

Subd. 2. [PROCEDURES.] The superintendent shall develop procedures to enable an owner to request a background check to determine whether a manager is the subject of a reported conviction for a background check crime. The superintendent shall perform the background check by retrieving and reviewing data on background check crimes maintained in the CJIS computers. The superintendent shall notify the owner in writing of the results of the background check. If the manager has resided in Minnesota for less than five years or upon request of the owner, the superintendent shall also either: (1) conduct a search of the national criminal records repository, including the criminal justice data communications network; or (2) conduct a search of the criminal justice data communications network records in the state or states where the manager has resided for the preceding five years. The superintendent is authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal history check. The superintendent shall recover the cost of a background check through a fee charged to the owner.

Sec. 9. Minnesota Statutes 1995 Supplement, section 299C.68, subdivision 5, is amended to read:

Subd. 5. [RESPONSE OF BUREAU.] The superintendent shall respond in writing to a background check request within a reasonable time not to exceed ten working days after receiving the signed form under subdivision 3. If a search is being done of the national criminal records repository and that portion of the background check is not completed, the superintendent shall notify the owner that the background check is not complete and shall provide that portion of the background check to the owner as soon as it is available. The superintendent's response must clearly indicate whether the manager has ever been convicted of a background check crime and, if so, a description of the crime, date and jurisdiction of conviction, and date of discharge of the sentence.

Sec. 10. Minnesota Statutes 1995 Supplement, section 299C.68, subdivision 6, is amended to read:

Subd. 6. [EQUIVALENT BACKGROUND CHECK.] (a) An owner may satisfy the requirements of this section: (1) by obtaining a copy of a completed background check that was required to be performed by the department of human services as provided for under sections 144.057 and 245A.04, and then placing the copy on file with the owner; (2) in the case of a background check performed on a manager for one residential setting when multiple residential settings are operated by one owner, by placing the results in a central location; or (3) by obtaining a background check from a private business or a local law enforcement agency rather than the superintendent if the scope of the background check provided by the private business or local law enforcement agency is at least as broad as that of a background check performed by the superintendent and the response to the background check request occurs within a reasonable time not to exceed ten working days after receiving the signed form described in subdivision 3. Local law enforcement agencies may access the criminal justice data network to perform the background check.

(b) A private business or local law enforcement agency providing a background check under this section must use a notification form similar to the form described in subdivision 3, except that the notification form must indicate that the background check will be performed by the private business or local law enforcement agency using records of the superintendent and other data sources.

Sec. 11. Minnesota Statutes 1995 Supplement, section 609.2325, subdivision 3, is amended to read:

Subd. 3. [PENALTIES.] (a) A person who violates subdivision 1, paragraph (a), clause (1), may be sentenced as follows:

(1) if the act results in the death of a vulnerable adult, imprisonment for not more than 15 years or payment of a fine of not more than $30,000, or both;

(2) if the act results in great bodily harm, imprisonment for not more than ten years or payment of a fine of not more than $20,000, or both;

(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not more than five years or payment of a fine of not more than $10,000, or both; or

(4) in other cases, imprisonment for not more than one year or payment of a fine of not more than $3,000, or both.

(b) A person who violates subdivision 1, paragraph (a), clause (2), or paragraph (b), 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. 12. Laws 1995, chapter 229, article 3, section 17, is amended to read:

Sec. 17. [REPORT.]

By January 15, 1997, the commissioner of human services shall report to the legislature on the implementation of the process for reporting convictions under Minnesota Statutes, section 245A.04, subdivision 3, paragraph (b) (d). The report must include an analysis of any reduction in the cost of performing background studies resulting from implementing the process and any recommendations for modification of the fee increases in article 4, section 21, based on a reduction in costs.

As part of this report, the commissioner shall make recommendations for using any cost savings to begin conducting comparable background studies of individuals who reside outside Minnesota but are employed or perform direct contact services in a nursing home, home care agency, or boarding care home located in Minnesota.

Sec. 13. [UNCODIFIED LANGUAGE CHANGES AND RULE CHANGES.]

The commissioner shall amend Minnesota Rules, part 9543.3070, subpart 1, to include the offenses in paragraphs (a) and (b) to disqualify a person applying for a license for a program serving children or adults.

(a) An individual must be disqualified if it has been determined that the individual failed to make required reports under Minnesota Statutes, section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which: (1) the final disposition under Minnesota Statutes, section 626.556 or 626.557, was substantiated maltreatment; and (2) the maltreatment was recurring or serious as defined in Minnesota Rules, part 9543.3020, subpart 10.

(b) An individual must be disqualified if the individual has been convicted for any of the following reasons: (1) criminal abuse of a vulnerable adult under Minnesota Statutes, section 609.2325; (2) criminal neglect of a vulnerable adult under Minnesota Statutes, section 609.233; (3) financial exploitation of a vulnerable adult under Minnesota Statutes, section 609.2335; (4) failure to report under Minnesota Statutes, section 609.234; or (5) stalking under Minnesota Statutes, section 609.749.

(c) Both the commissioner's authority to make the rule changes and the substantive language in paragraphs (a) and (b) are effective the day following final enactment. The rule changes described in paragraphs (a) and (b) are not subject to the rulemaking provisions of Minnesota Statutes, chapter 14, but the commissioner must comply with Minnesota Statutes, section 14.38, subdivision 7, in adopting the amendment.

Sec. 14. [STANDARDIZING OF CRIMINAL DISQUALIFICATION PLAN.]

The commissioner of health, in consultation with the commissioner of human services and the attorney general, shall convene an advisory workgroup to develop a plan for presentation to the 1997 legislature on recommendations and draft legislation to standardize, as appropriate, the criminal disqualification classifications for application to those required to comply with the applicant background study requirements under Minnesota Statutes, chapter 245A, Minnesota Statutes, sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 299C.67, and 299C.71, and Minnesota Rules, part 4668.0020, and make recommendations for legislation to replace current disqualification crimes under all systems.

The plan shall provide for a review of the appropriateness of standardizing disqualification classifications relative to type of care setting, the nature of the crime, and time from the date of discharge for the crime for which an individual can be disqualified.

The advisory workgroup shall include representatives of health care providers, both organizational providers and professional providers, unions, state agencies, the attorney general's office, and consumer groups.

The plan, including recommendations and draft legislation, must be reported to the chairs of the senate crime prevention committee and the house of representatives judiciary committee by January 15, 1997.

Sec. 15. [EFFECTIVE DATE.]

(a) Background studies for personal care provider organizations described in section 5 are effective January 1, 1997.

(b) Sections 2, 3, 7, 10, 11, and 13 are effective the day following final enactment.

(c) Section 6 (section 256.045, subdivision 3) is effective the day after enactment.

Section 1. Minnesota Statutes 1994, section 2.724, is amended by adding a subdivision to read:

Subd. 3a. [FORMER JUDGES.] A judge who has been elected to office and who has resigned in good standing and is not practicing law may also be appointed to serve as judge of any court except the supreme court. A former judge acting under this subdivision shall receive pay and expenses in the amount established by the supreme court.

Sec. 2. Minnesota Statutes 1994, section 168.36, is amended by adding a subdivision to read:

Subd. 4. [OFFICER MAY SEIZE REGISTRATION PLATES.] If a peace officer stops a motor vehicle and determines, through a check of the motor vehicle registration record system, that the vehicle is being operated without valid registration in violation of this section, the officer may immediately seize the vehicle's registration plates and destroy the plates or return them to the commissioner of public safety.

Sec. 3. Minnesota Statutes 1995 Supplement, section 481.01, is amended to read:

481.01 [BOARD OF LAW EXAMINERS; EXAMINATIONS; ALTERNATIVE DISPUTE FEES.]

The supreme court shall, by rule from time to time, prescribe the qualifications of all applicants for admission to practice law in this state, and shall appoint a board of law examiners, which shall be charged with the administration of the rules and with the examination of all applicants for admission to practice law. The board shall consist of not less than three, nor more than seven, attorneys at law, who shall be appointed each for the term of three years and until a successor qualifies. The supreme court may fill any vacancy in the board for the unexpired term and in its discretion may remove any member of it. The board shall have a seal and shall keep a record of its proceedings, of all applications for admission to practice, and of persons admitted to practice upon its recommendation. At least two times a year the board shall hold examinations and report the result of them, with its recommendations, to the supreme court. Upon consideration of the report, the supreme court shall enter an order in the case of each person examined, directing the board to reject or to issue to the person a certificate of admission to practice. The board shall have such officers as may, from time to time, be prescribed and designated by the supreme court. The fee for examination shall be fixed, from time to time, by the supreme court, but shall not exceed $50. This fee, and any other fees which may be received pursuant to any rules the supreme court promulgates adopts governing the practice of law and court-related alternative dispute resolution practices shall be paid to the state treasurer and shall constitute a special fund in the state treasury which shall be exempt from section 16A.127. The moneys money in this fund are is appropriated annually to the supreme court for the payment of compensation and expenses of the members of the board of law examiners and for otherwise regulating the practice of law. The moneys money in the fund shall never cancel. Payments from it shall be made by the state treasurer, upon warrants of the commissioner of finance issued upon vouchers signed by one of the justices of the supreme court. The members of the board shall have compensation and allowances for expenses as may, from time to time, be fixed by the supreme court.

Sec. 4. Minnesota Statutes 1994, section 490.15, is amended by adding a subdivision to read:

Subd. 3. The salary of the executive secretary of the board shall be 85 percent of the maximum salary provided for an administrative law judge under section 15A.083, subdivision 6a.

Sec. 5. Minnesota Statutes 1994, section 611.271, is amended to read:

611.271 [COPIES OF DOCUMENTS; FEES.]

The court administrators of courts, the prosecuting attorneys of counties and municipalities, and the law enforcement agencies of the state and its political subdivisions shall furnish, upon the request of the district public defender, the state public defender, or an attorney working for a public defense corporation under section 611.216, copies of any documents, including police reports, in their possession at no charge to the public defender, including the following: police reports, photographs, grand jury transcripts, audiotapes, videotapes, transcripts of audiotapes or videotapes and, in child protection cases, reports prepared by local welfare agencies.

Sec. 6. Laws 1991, chapter 271, section 9, is amended to read:

Sec. 9. [REPEALER.]

Section 5 is repealed effective July 1, 1996 1997, for cases filed on or after that date.

Sec. 7. [EFFECTIVE DATE.]

Sections 1 to 3 and 5 are effective August 1, 1996.

Section 4 is effective July 1, 1997.

Section 6 is effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to criminal justice; crime prevention; appropriating money for the judicial branch, public safety, corrections, criminal justice, crime prevention programs, and other related purposes; providing for community notification of the release of certain sex offenders, expanding the sex offender registration act; implementing, clarifying, and modifying certain criminal and juvenile provisions; prescribing, clarifying, and modifying certain penalty provisions; establishing and expanding pilot programs and grant programs; limiting expungement of certain criminal records and providing an expungement process; reconciling various provisions on criminal history background checks; amending Minnesota Statutes 1994, sections 2.724, by adding a subdivision; 13.99, subdivision 53a; 144A.46, subdivision 5; 168.36, by adding a subdivision; 169.791, subdivisions 2a, 3, and 4; 169.792, subdivisions 1, 2, 3, 5, and 6; 241.275; 242.31, subdivision 2; 244.09, subdivision 5; 244.10, by adding a subdivision; 260.141, by adding a subdivision; 260.145; 260.161, subdivision 1a; 260.171, subdivision 2; 260.281; 260.301; 260.311, subdivision 3a; 268.30, subdivision 2; 299C.13; 352.90; 352.91, subdivisions 1, 2, 3b, 4, and by adding subdivisions; 352.92, subdivision 2; 401.10; 490.15, by adding a subdivision; 609.035, subdivision 1, and by adding a subdivision; 609.11, subdivision 9; 609.135, subdivision 1; 609.165, subdivisions 1a and 1b; 609.2231, subdivision 2, and by adding a subdivision; 609.3451, by adding a subdivision; 609.487, by adding subdivisions; 609.52, subdivision 2; 609.5316, subdivision 3; 609.583; 609.596; 609.611; 609.66, subdivisions 1a and 2; 609.666, subdivision 1, and by adding a subdivision; 609.749, by adding a subdivision; 609.855, subdivision 5; 611.271; 611A.04, subdivisions 1a and 3; 611A.25, subdivision 3; 611A.361, subdivision 3; 624.713, subdivision 2; 624.7132, subdivision 8; 624.714, subdivisions 1 and 5; 624.7141; and 638.02, subdivision 2; Minnesota Statutes 1995 Supplement, sections 144.057, subdivisions 1, 3, and 4; 152.18, subdivision 1; 242.31, subdivision 1; 243.166, subdivisions 1 and 7; 243.212; 245A.04, subdivision 3; 256.045, subdivision 3; 256.98, subdivision 1; 260.015, subdivision 21; 260.132, subdivisions 1 and 3a; 260.155, subdivision 2; 260.161, subdivision 3; 260.195, subdivision 2a; 299C.10, subdivision 1; 299C.11; 299C.67, subdivision 5; 299C.68, subdivisions 2, 5, and 6; 481.01; 518B.01, subdivision 14; 609.10; 609.125; 609.152, subdivision 1; 609.20; 609.2242, subdivision 2; 609.2325, subdivision 3; 609.3451, subdivision 1; 609.485, subdivisions 2 and 4; 609.52, subdivision 1; 611A.01; 611A.04, subdivision 1; 617.23; and 624.712, subdivision 5; Laws 1991, chapter 271, section 9; and Laws 1995, chapter 229, article 3, section 17; proposing coding for new law in Minnesota Statutes, chapters 15; 171; 241; 244; 299A; 609; and 611A; proposing coding for new law as Minnesota Statutes, chapter 609A; repealing Minnesota Statutes 1994, sections 152.18, subdivision 2; 242.31, subdivision 3; 260.141, subdivision 1; 352.91, subdivision 3; 609.166; 609.167; 609.168; and 609.495, subdivision 2."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

H. F. No. 3249, A bill for an act relating to the financing and operation of government in this state; modifying certain tax rates, credits, refunds, bases, and exemptions; modifying property tax exemptions, valuation, and classification; providing a senior citizen property tax deferral; changing tax increment financing, special services district, and taxing district provisions; authorizing local taxes; authorizing certain special districts; providing local levy or other authority; authorizing municipal debt; providing for certain tax base sharing; changing certain aids; modifying revenue recapture; making tax policy, collection, administrative and technical changes, corrections, and clarifications; requiring studies; providing for appointments; appropriating money; amending Minnesota Statutes 1994, sections 10A.31, subdivision 3a; 13.99, subdivision 97a; 103E.611, subdivision 7; 115.26, by adding a subdivision; 165.08, subdivision 5; 216B.16, by adding a subdivision; 239.761, subdivision 5; 270.067, subdivision 2; 270.07, subdivision 1; 270.102, subdivisions 1, 2, and 3; 270.70, subdivision 2; 270A.03, subdivision 2; 270B.12, by adding a subdivision; 273.02, subdivision 3; 273.111, subdivisions 3 and 6; 273.124, by adding a subdivision; 273.13, subdivisions 22, 23, and 32; 273.1398, by adding a subdivision; 275.065, subdivision 5a; 275.07, subdivision 4; 275.61; 278.01, by adding a subdivision; 278.08; 279.06, subdivision 1; 279.37, by adding a subdivision; 281.17; 287.06; 289A.50, by adding a subdivision; 289A.56, subdivision 4; 290.01, subdivision 4a; 290.06, subdivisions 2c and 22; 290.091, subdivision 2; 290.0922, subdivisions 1 and 3; 290.095, subdivision 3; 290.17, subdivision 2; 290A.03, subdivision 11; 290A.25; 295.51, subdivision 1, and by adding a subdivision; 295.52, by adding a subdivision; 295.54, subdivisions 1, 2, and by adding a subdivision; 296.01, subdivisions 2 and 13; 296.02, by adding a subdivision; 296.025, subdivision 6; 296.141, subdivisions 4 and 5; 296.15, by adding a subdivision; 296.17, subdivision 7; 297.04, subdivision 9; 297A.01, subdivision 16; 297A.02, subdivision 5; 297A.14, by adding a subdivision; 297A.15, subdivision 6; 297A.21, subdivision 4; 297A.211, subdivision 3; 297A.24, subdivision 1; 297A.25, subdivision 14, and by adding a subdivision; 297A.256, subdivision 1; 297A.2572; 297A.2573; 297A.44, subdivision 1; 297A.46; 297E.02, subdivisions 4 and 10; 298.01,

subdivision 4e; 298.17; 298.28, subdivisions 2 and 11; 298.75, subdivision 1; 349.15, by adding a subdivision; 349.154, by adding a subdivision; 373.40, subdivision 7; 375.192, subdivision 2; 383B.51; 428A.01, subdivisions 2 and 3; 428A.02, subdivision 1; 444.075, by adding a subdivision; 458A.32, subdivision 4; 469.040, subdivision 3, and by adding a subdivision; 469.167, subdivision 2; 469.173, subdivision 7; 469.174, subdivision 2; 469.176, subdivision 4f; 469.1761, subdivision 1; 469.177, subdivision 3; 471.88, subdivision 14; 473.625; 477A.011, subdivisions 3, 20, 27, 32, and 35; and 477A.013, subdivision 6; Minnesota Statutes 1995 Supplement, sections 41A.09, subdivision 2a; 115B.48, by adding subdivisions; 115B.49, subdivisions 2 and 4; 116.07, subdivision 10; 124A.03, subdivision 2; 216B.161, subdivision 1; 270A.03, subdivision 7; 272.02, subdivision 1; 273.11, subdivision 16; 273.124, subdivisions 3 and 13; 273.13, subdivisions 24 and 25; 273.1398, subdivision 1; 273.1399, subdivisions 6 and 7; 275.065, subdivisions 3 and 6; 275.08, subdivision 1b; 276.04, subdivision 2; 289A.40, subdivision 1; 290.191, subdivisions 5 and 6; 290A.04, subdivision 2h; 295.50, subdivisions 3 and 4; 295.53, subdivisions 1, 5, and by adding a subdivision; 296.02, subdivision 1; 296.025, subdivision 1; 296.12, subdivision 3; 297A.01, subdivision 3; 297A.02, subdivision 4; 297A.25, subdivisions 57 and 59; 297A.45, subdivisions 2, 3, and 4; 297B.01, subdivision 8; 428A.05; 465.82, subdivision 2; 469.169, subdivisions 9 and 10; 469.174, subdivision 4; 469.175, subdivisions 1, 5, and 6; 469.176, subdivision 2; 469.177, subdivision 1; 471.6965; 473.448; 477A.0121, subdivision 4; 477A.0132; and 477A.03, subdivision 2; Laws 1963, chapter 118, sections 1, subdivision 3; 2; 4; 6; Laws 1971, chapter 869, sections 2, subdivisions 2, as amended, 14, and 17, as added; 3, subdivisions 5, 6, and 9; 4, subdivisions 1, 2, and 5, as amended; 5, subdivisions 1 and 3; 8; 10, subdivision 3b, as added; 12, subdivisions 1, as amended, and 2, as amended; 17, subdivision 11; 19; 20, subdivision 2; 21; 24; Laws 1985, chapter 302, section 2, subdivision 1, as amended; Laws 1991, chapter 291, article 8, section 27, by adding a subdivision; Laws 1992, chapter 511, article 8, section 39; and Laws 1995, chapter 264, articles 2; sections 42, subdivision 1; and 44; 5, sections 40, subdivision 1; 44, subdivision 4; and 45, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 103D; 115B; 272; 273; 281; 287; 290; 290A; 297A; 375; 428A; 462A; 469; and 477A; proposing coding for new law as Minnesota Statutes, chapters 276A; and 290B; repealing Minnesota Statutes 1994, sections 13.99, subdivision 97; 273.1316; 273.1317; 273.1318; 273.1398, subdivision 5b; 290.06, subdivision 21; 290.092; 295.37; 295.39; 295.40; 295.41; 295.42; 295.43; 295.50, subdivisions 8, 9, 9a, 11, 12, and 12a; 296.25, subdivision 1a; 297A.01, subdivision 20; 297A.14, subdivision 3; 297A.15, subdivision 5; 297A.24, subdivision 2; and 469.150; Minnesota Statutes 1995 Supplement, sections 270B.12, subdivision 11; 276.012; 290A.055; 290A.26; and 469.176, subdivision 7; Laws 1971, chapter 869, section 6, subdivision 3; Laws 1987, chapter 285; and Laws 1995, chapter 264, article 4.

Reported the same back with the following amendments:

Page 71, line 31, delete "structure and"

Page 71, line 32, after "to" insert "the structures and"

Page 174, line 6, after "properties" insert:

"(1)(A) which were"

Page 174, line 7, delete "and" and insert: ", or

(B) which are constructed or substantially rehabilitated during calendar year 1996 and would qualify as class 4c or class 4d for taxes payable in 1998, and

(2)"

Page 175, line 33, delete the period and insert ", unless the following conditions are satisfied:

(1) construction or substantial rehabilitation of the building is completed and occupancy occurs during calendar year 1996;

(2) a binding commitment for the public financing required under Minnesota Statutes, section 273.124, subdivision 6, paragraph (i), has been made or the public financed provided before April 1, 1996;

(3) the governing body of the municipality has held the public hearing and made the findings required by Minnesota Statutes, section 273.124, subdivision 6, paragraph (j), before April 1, 1996; and

(4) the county attorney certified to the assessor before April 1, 1996, that the property meets the requirements of Minnesota Statutes, section 273.124, subdivision 6."

Page 249, after line 35, insert:

"Sec. 26. [AUTHORITY TO ELECT LOCAL CONTRIBUTIONS.]

Notwithstanding the provisions of Laws 1995, chapter 264, article 5, section 49, a city may elect to make local contributions under Minnesota Statutes, section 273.1399, subdivision 6, paragraph (d), in lieu of the state aid reduction, if the following conditions are satisfied:

(1) the district was certified after April 30, 1995;

(2) the municipality and the authority agree to decertify the district at least two years before the expiration of the district's duration limit under Minnesota Statutes, section 469.176, subdivision 1b;

(3) the municipality makes an irrevocable election to make local contributions and to be governed by clause (2) by December 31, 1996; and

(4) the authority notifies the commissioner of revenue of the election by January 31, 1997."

Page 249, line 36, delete "26" and insert "27"

Page 250, line 5, delete "27" and insert "28"

Page 251, line 3, delete "26" and insert "27"

Page 309, after line 21, insert:

"Section 11 is effective July 1, 1996.

Sections 12 and 13 are effective for production years beginning after December 31, 1995, and for distributions of production taxes made after December 31, 1996."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. Nos. 3242 and 3249 were read for the second time.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2849.

S. F. No. 2849 was reported to the House.

Kinkel moved to amend S. F. No. 2849 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [HIGHER EDUCATION APPROPRIATIONS.]

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

1996 1997 TOTAL

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

1996 1997 TOTAL

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

Board of Trustees of the Minnesota State Colleges

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

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

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

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

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

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

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

Sec. 3. BOARD OF TRUSTEES OF THE MINNESOTA STATE

COLLEGES AND UNIVERSITIES $ 4,875,000

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

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

By February 15, 1997, the system office and campuses of the Minnesota state colleges and universities shall submit to the legislature a master academic plan for the metropolitan area that defines the current and future missions and plans of the metro area colleges and universities. Within the fiscal realities of the state, the plan must consider short- and long-term demographic and enrollment projections, physical plant capacity and needs, and coordination and duplication of program offerings. The system office shall consult with the University of Minnesota during the planning process. The plan must be submitted to the board of trustees for approval before submission for legislative approval.

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

Subdivision 1. Academic health center

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

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

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

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

Subd. 2. Biomedical engineering institute

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

Subd. 3. Technology

The Minnesota state colleges and universities and the University of Minnesota are requested to establish appropriate mechanisms for cooperation on projects for acquisition, improvement, and innovative applications of technology to avoid inappropriate duplication and to enhance the quality of courses and programs. Coordination is also requested with respect to programs directed to elementary and secondary students and teachers.

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

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 11. [SALES TO GOVERNMENT.] The gross receipts from all sales, including sales in which title is retained by a seller or a vendor or is assigned to a third party under an installment sale or lease purchase agreement under section 465.71, of tangible personal property to, and all storage, use or consumption of such property by, the United

States and its agencies and instrumentalities, the University of Minnesota, state universities, community colleges, technical colleges, state academies, the Minnesota center for arts education, and school districts are exempt.

As used in this subdivision, "school districts" means public school entities and districts of every kind and nature organized under the laws of the state of Minnesota, including, without limitation, school districts, intermediate school districts, education districts, educational cooperative service units, secondary vocational cooperative centers, special education cooperatives, joint purchasing cooperatives, telecommunication cooperatives, regional management information centers, technical colleges, joint vocational technical districts, and any instrumentality of a school district, as defined in section 471.59.

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

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

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

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

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

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

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

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

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

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

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

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

Subdivision 1. All funds received under sections 345.31 to 345.60, including the proceeds from the sale of abandoned property pursuant to section 345.47, but excluding funds presumed abandoned as unclaimed warrants by the board of trustees of the Minnesota state colleges and universities under chapter 136F, shall forthwith be deposited

by the commissioner in the general fund of the state after deduction of the fees and expenses provided for in section 345.485; except that unclaimed restitution payments held by a court under section 345.38 shall be deposited in the crime victim and witness account created in section 609.101, subdivision 1. Before making the deposit the commissioner shall record the name and last known address of each person appearing from the holders' reports to be entitled to the abandoned property and of the name and last known address of each policyholder, insured person, or annuitant, and with respect to each policy or contract listed in the report of a life insurance corporation, its number, the name of the corporation, and the amount due. The record shall be available for public inspection at all reasonable business hours.

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

Subd. 2. Instructional Expenditures

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subd. 2. Mineral Resources Management

4,717,000 4,717,000

Summary by Fund

General 4,717,000 4,217,000

Permanent University-0- 500,000

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

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

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

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

Sec. 15. [WORK SKILLS UPGRADE.]

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

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

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

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

Sec. 16. [STATEWIDE ONLINE INFORMATION SYSTEM.]

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

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

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

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

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

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

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

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

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

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

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

Sec. 18. [SURVIVOR BENEFITS.]

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

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

Sec. 19. [REPEALER.]

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

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

Sec. 20. [INSTRUCTION TO REVISOR.]

(a) In the next and subsequent editions of Minnesota Statutes, the revisor shall delete "community college," "board of community colleges," or related terms; "state university," "board of state universities," or related terms; and "technical college," "board of technical colleges," or related terms and replace them with "Minnesota state colleges and

universities," "board of trustees of the Minnesota state colleges and universities," or related terms in the following sections and subdivisions: 3.3005, subdivision 1; 3.732, subdivision 1; 3.754; 13.792; 15.44; 16A.127, subdivision 8; 16B.101, subdivision 1; 16B.24, subdivision 2; 16B.30; 16B.31, subdivision 1; 16B.61, subdivision 5; 43A.08, subdivision 1a; 116N.02, subdivision 1; 116O.09, subdivision 4; 135A.06, subdivision 1; 138.054, subdivision 2; 216C.13; 256.7365, subdivision 4; 256H.01, subdivision 13; 268.65, subdivision 2; 309.515, subdivision 1; and 491A.01, subdivision 6.

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

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

Sec. 21. [EFFECTIVE DATE.]

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

Delete the title and insert:

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

The motion prevailed and the amendment was adopted.

Krinkie moved to amend S. F. No. 2849, as amended, as follows:

Page 2, delete lines 23 to 33, and insert:

"$50,000 is for the state work study program."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie amendment and the roll was called. There were 38 yeas and 91 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Olson, M.    Sykora
Anderson, B. Frerichs     Kraus        Onnen        Tompkins
Boudreau     Girard       Krinkie      Osskopp      Tuma
Bradley      Goodno       Lindner      Paulsen      Van Dellen
Broecker     Haas         Macklin      Pawlenty     Worke
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7793

Commers      Hackbarth    Mares        Pellow       Workman 
Daggett      Holsten      McElroy      Smith        
Dempsey      Knight       Molnau       Sviggum      

Anderson, R. Finseth      Kinkel       Opatz        Swenson, D.
Bakk         Garcia       Koppendrayer Orenstein    Swenson, H.
Bertram      Greenfield   Leighton     Orfield      Tomassoni
Bettermann   Greiling     Leppik       Ostrom       Trimble
Bishop       Gunther      Lieder       Otremba      Tunheim
Brown        Harder       Long         Ozment       Van Engen
Carlson, L.  Hasskamp     Lourey       Pelowski     Vickerman
Carlson, S.  Hausman      Luther       Perlt        Wagenius
Carruthers   Huntley      Mahon        Peterson     Warkentin
Clark        Jaros        Mariani      Rest         Weaver
Cooper       Jefferson    Marko        Rhodes       Wejcman
Dauner       Jennings     McCollum     Rice         Wenzel
Davids       Johnson, A.  McGuire      Rostberg     Winter
Dawkins      Johnson, R.  Milbert      Rukavina     Wolf
Dehler       Johnson, V.  Mulder       Sarna        Sp.Anderson,I
Delmont      Kahn         Munger       Schumacher   
Dorn         Kalis        Murphy       Seagren      
Entenza      Kelley       Ness         Skoglund     
Farrell      Kelso        Olson, E.    Solberg      

S. F. No. 2849, A bill for an act relating to education; appropriating money for education and related purposes to the higher education services office, the board of trustees of the Minnesota state colleges and universities, and the board of regents of the University of Minnesota; amending Laws 1994, chapter 643, section 69, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 124 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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

Anderson, B. Koppendrayer Lindner      Worke 
Anderson, R. Krinkie      Olson, M.    

The Speaker called Trimble to the Chair.

Pursuant to rule 1.10, Solberg requested immediate consideration of H. F. No. 3243.

H. F. No. 3243 was reported to the House.

Rice, Milbert, Pugh and Mahon moved to amend H. F. No. 3243, the first engrossment, as follows:

Page 11, line 13, delete "geographic proximity" and insert " the solicitation or service area"

Page 11, after line 14, insert:

"Subd. 2. [REMOVAL OF INVENTORY.] Any rule of the commissioner of public safety that prohibits the removal of inventory from a deputy motor vehicle registrar office does not apply to a deputy motor vehicle registrar who (1) provides customer service and inventory outside the deputy registrar's office, and (2) before the effective date of this section requests in writing an exemption from the rule. The commissioner shall grant any request under this subdivision that complies with this subdivision."

Page 11, line 15, delete "2" and insert "3"

Page 11, line 17, delete "geographic proximity" and insert " the solicitation or service area"

Page 11, line 20, delete "proximity" and insert "solicitation or service area"

The motion prevailed and the amendment was adopted.

Girard moved to amend H. F. No. 3243, the first engrossment, as amended, as follows:

Page 18, delete lines 28 to 31

A roll call was requested and properly seconded.

The question was taken on the Girard amendment and the roll was called. There were 61 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Onnen        Tompkins
Anderson, B. Finseth      Krinkie      Paulsen      Tuma
Bertram      Girard       Larsen       Pawlenty     Van Dellen
Bettermann   Goodno       Leppik       Pellow       Vickerman
Bishop       Gunther      Lindner      Rhodes       Warkentin
Boudreau     Haas         Lynch        Rostberg     Weaver
Bradley      Hackbarth    Macklin      Schumacher   Wolf
Broecker     Harder       Mares        Seagren      Worke
Carlson, S.  Holsten      McElroy      Stanek       Workman 
Commers      Jennings     Molnau       Sviggum      
Daggett      Johnson, V.  Mulder       Swenson, D.  
Davids       Knight       Ness         Swenson, H.  
Dehler       Knoblach     Olson, M.    Sykora       

Anderson, R. Garcia       Kraus        Opatz        Sarna
Bakk         Greenfield   Leighton     Orenstein    Skoglund
Brown        Greiling     Lieder       Orfield      Smith
Carlson, L.  Hasskamp     Long         Osskopp      Solberg
Carruthers   Hausman      Lourey       Osthoff      Tomassoni
Clark        Huntley      Luther       Ostrom       Trimble
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7795

Cooper       Jaros        Mahon        Otremba      Tunheim
Dauner       Jefferson    Mariani      Ozment       Van Engen
Dawkins      Johnson, A.  Marko        Pelowski     Wagenius
Delmont      Johnson, R.  McCollum     Perlt        Wejcman
Dempsey      Kahn         McGuire      Peterson     Wenzel
Dorn         Kalis        Milbert      Pugh         Winter
Entenza      Kelley       Munger       Rest         Sp.Anderson,I
Farrell      Kelso        Murphy       Rice         
Frerichs     Kinkel       Olson, E.    Rukavina     

Girard offered an amendment to H. F. No. 3243, the first engrossment, as amended.

Rice requested a division of the Girard amendment to H. F. No. 3243, the first engrossment, as amended.

The first portion of the Girard amendment to H. F. No. 3243, the first engrossment, as amended, reads as follows:

Page 3, delete lines 33 to 50

Pages 14 to 16, delete section 29

Correct the paragraph and section totals and the summaries by fund accordingly

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the first portion of the Girard amendment and the roll was called. There were 63 yeas and 70 nays as follows:

Those who voted in the affirmative were:

Abrams       Dehler       Knight       Olson, E.    Swenson, H.
Anderson, B. Dempsey      Knoblach     Olson, M.    Sykora
Bertram      Erhardt      Koppendrayer Onnen        Tuma
Bettermann   Finseth      Kraus        Opatz        Van Dellen
Bishop       Frerichs     Krinkie      Osskopp      Van Engen
Boudreau     Girard       Lindner      Paulsen      Vickerman
Bradley      Goodno       Lynch        Pawlenty     Warkentin
Broecker     Greiling     Macklin      Pellow       Weaver
Carlson, S.  Gunther      Mares        Rostberg     Wolf
Commers      Haas         McElroy      Schumacher   Worke
Daggett      Hackbarth    Molnau       Seagren      Workman 
Dauner       Harder       Mulder       Sviggum      
Davids       Johnson, V.  Ness         Swenson, D.  

Anderson, R. Hasskamp     Leighton     Orenstein    Sarna
Bakk         Hausman      Leppik       Orfield      Skoglund
Brown        Holsten      Lieder       Osthoff      Smith
Carlson, L.  Huntley      Long         Ostrom       Solberg
Carruthers   Jaros        Lourey       Otremba      Stanek
Clark        Jefferson    Luther       Ozment       Tomassoni
Cooper       Johnson, A.  Mahon        Pelowski     Tompkins
Dawkins      Johnson, R.  Mariani      Perlt        Trimble
Delmont      Kahn         Marko        Peterson     Tunheim
Dorn         Kalis        McCollum     Pugh         Wagenius
Entenza      Kelley       McGuire      Rest         Wejcman
Farrell      Kelso        Milbert      Rhodes       Wenzel
Garcia       Kinkel       Munger       Rice         Winter
Greenfield   Larsen       Murphy       Rukavina     Sp.Anderson,I

Ozment requested a division of the second portion of the Girard amendment to H. F. No. 3243, the first engrossment, as amended.

The first portion of the second portion of the Girard amendment to H. F. No. 3243, the first engrossment, as amended, reads as follows:

Page 19, delete section 35

Correct the paragraph and section totals and the summaries by fund accordingly

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the first portion of the second portion of the Girard amendment and the roll was called. There were 78 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knight       Olson, E.    Sviggum
Anderson, B. Finseth      Knoblach     Olson, M.    Swenson, D.
Anderson, R. Frerichs     Koppendrayer Onnen        Swenson, H.
Bettermann   Girard       Kraus        Opatz        Sykora
Bishop       Goodno       Krinkie      Osskopp      Tompkins
Boudreau     Greiling     Larsen       Ostrom       Tuma
Bradley      Gunther      Leppik       Ozment       Van Dellen
Broecker     Haas         Lieder       Paulsen      Van Engen
Carlson, S.  Hackbarth    Lindner      Pawlenty     Vickerman
Commers      Harder       Lynch        Pellow       Warkentin
Daggett      Holsten      Macklin      Pelowski     Weaver
Dauner       Huntley      Mares        Rostberg     Wolf
Davids       Jennings     McElroy      Schumacher   Worke
Dehler       Johnson, V.  Molnau       Seagren      Workman 
Dempsey      Kelley       Mulder       Smith        
Dorn         Kelso        Ness         Stanek       

Bakk         Greenfield   Lourey       Otremba      Trimble
Bertram      Hasskamp     Luther       Perlt        Tunheim
Brown        Hausman      Mahon        Peterson     Wagenius
Carlson, L.  Jaros        Mariani      Pugh         Wejcman
Carruthers   Jefferson    Marko        Rest         Wenzel
Clark        Johnson, A.  McCollum     Rhodes       Winter
Cooper       Johnson, R.  McGuire      Rice         Sp.Anderson,I
Dawkins      Kahn         Milbert      Rukavina     
Delmont      Kalis        Munger       Sarna        
Entenza      Kinkel       Murphy       Skoglund     
Farrell      Leighton     Orfield      Solberg      
Garcia       Long         Osthoff      Tomassoni    

The remaining portion of the second portion of the Girard amendment to H. F. No. 3243, the first engrossment, as amended, reads as follows:

Page 19, delete section 34

Correct the paragraph and section totals and the summaries by fund accordingly

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the remaining portion of the second portion of the Girard amendment and the roll was called. There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Olson, M.    Sykora
Anderson, B. Finseth      Kraus        Onnen        Tompkins
Bettermann   Frerichs     Krinkie      Osskopp      Tuma
Bishop       Girard       Larsen       Otremba      Van Dellen
Boudreau     Goodno       Leppik       Paulsen      Van Engen
Bradley      Gunther      Lindner      Pawlenty     Vickerman
Broecker     Haas         Lynch        Pellow       Warkentin
Carlson, S.  Hackbarth    Macklin      Rostberg     Weaver
Commers      Harder       Mares        Seagren      Wolf
Daggett      Holsten      McElroy      Stanek       Worke
Davids       Johnson, V.  Molnau       Sviggum      Workman 
Dehler       Knight       Mulder       Swenson, D.  
Dempsey      Knoblach     Ness         Swenson, H.  

Anderson, R. Garcia       Kinkel       Olson, E.    Sarna
Bakk         Greenfield   Leighton     Opatz        Schumacher
Bertram      Greiling     Lieder       Orfield      Skoglund
Brown        Hasskamp     Long         Osthoff      Smith
Carlson, L.  Hausman      Lourey       Ostrom       Solberg
Carruthers   Huntley      Luther       Ozment       Tomassoni
Clark        Jaros        Mahon        Pelowski     Trimble
Cooper       Jefferson    Mariani      Perlt        Tunheim
Dauner       Johnson, A.  Marko        Peterson     Wagenius
Dawkins      Johnson, R.  McCollum     Pugh         Wejcman
Delmont      Kahn         McGuire      Rest         Wenzel
Dorn         Kalis        Milbert      Rhodes       Winter
Entenza      Kelley       Munger       Rice         Sp.Anderson,I
Farrell      Kelso        Murphy       Rukavina     

The Speaker resumed the Chair.

Daggett moved to amend H. F. No. 3243, the first engrossment, as amended, as follows:

Page 3, after line 32, insert:

"Of the appropriation in Laws 1995, chapter 224, section 2, subdivision 2, for fiscal year 1997 for the job skills partnership program, $150,000 is for a grant to the Northwest technical college and the Detroit Lakes school system for the development of a youth

apprenticeship program."

A roll call was requested and properly seconded.

The question was taken on the Daggett amendment and the roll was called. There were 65 yeas and 69 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      KrinkieOtremba            Tuma
Anderson, B. Frerichs     Paulsen      Van Dellen
Bettermann   Girard       Pawlenty     Van Engen
Bishop       Goodno       Pellow       Vickerman
Boudreau     Gunther      Rhodes       Warkentin
Bradley      Haas         Rostberg     Weaver
Broecker     Hackbarth    Seagren      Wolf
Carlson, S.  Harder       Smith        Worke
Commers      Holsten      Stanek       Workman 
Daggett      Johnson, V.  Sviggum      
Davids       Knight       Swenson, D.  
Dehler       Knoblach     Swenson, H.  
Dempsey      Koppendrayer Sykora       
Erhardt      Kraus        Tompkins     
             
             
             
             
             
             
             
             
             
             
             
             
             
             Larsen
Leppik
Lindner
Lynch
Macklin
Mares
McElroy
Molnau
Mulder
Ness
Olson, M.
Onnen
Osskopp

Anderson, R. Garcia       Kelso        Murphy       Rukavina
Bakk         Greenfield   Kinkel       Olson, E.    Sarna
Bertram      Greiling     Leighton     Opatz        Schumacher
Brown        Hasskamp     Lieder       Orenstein    Skoglund
Carlson, L.  Hausman      Long         Orfield      Solberg
Carruthers   Huntley      Lourey       Osthoff      Tomassoni
Clark        Jaros        Luther       Ostrom       Trimble
Cooper       Jefferson    Mahon        Ozment       Tunheim
Dauner       Jennings     Mariani      Pelowski     Wagenius
Dawkins      Johnson, A.  Marko        Perlt        Wejcman
Delmont      Johnson, R.  McCollum     Peterson     Wenzel
Dorn         Kahn         McGuire      Pugh         Winter
Entenza      Kalis        Milbert      Rest         Sp.Anderson,I
Farrell      Kelley       Munger       Rice         

Osskopp moved to amend H. F. No. 3243, the first engrossment, as amended, as follows:

Page 11, after line 21, insert:

"Sec. 22. Minnesota Statutes 1994, section 168.33, subdivision 2, is amended to read:

Subd. 2. [POWERS REGARDING DEPUTY REGISTRARS.] The registrar may appoint, hire, and discharge and fix the compensation of the necessary employees, in the manner provided by law, as may be required to enable the registrar to properly carry out the duties imposed by this chapter. The registrar may appoint, and for cause discontinue, a deputy registrar for any statutory or home rule charter city as the public interest and convenience may require, without regard to whether the county auditor of the county in which the city is situated has been appointed as the deputy registrar for the county or has been discontinued as the deputy registrar for the county, and without regard to whether the county in which the city is situated has established a county license bureau which issues motor vehicle licenses as provided in section 373.32.

The registrar may appoint, and for cause discontinue, a deputy registrar for any statutory or home rule charter city as the public interest and convenience may require, if the auditor for the county in which the city is situated chooses not to accept appointment as the deputy registrar for the county or is discontinued as a deputy registrar, or if the county in which the city is situated has not established a county license bureau which issues motor vehicle licenses as provided in section 373.32. A person appointed by the registrar as a deputy registrar for any statutory or home rule charter city must be a resident of the county in which the city is situated.

The registrar may appoint, and for cause discontinue, the county auditor of each county as a deputy registrar. Upon approval of the county board, the auditor, with the approval of the director of motor vehicles, may appoint, and for cause discontinue, the clerk or equivalent officer of each statutory or home rule charter city or any other person as a deputy registrar as public interest and convenience may require, regardless of the appointee's county of residence. At the request of the governing body of a statutory or home rule charter city, the auditor shall appoint, and may for cause discontinue, the clerk or equivalent officer of a city, or another officer or employee of the city designated by the governing body, as a deputy registrar:

(1) if the city is a county seat or, if not, is larger than the seat of the county in which it is situated; and

(2) no office of a deputy registrar is situated within the city or within 15 ten miles of the city by the most direct public route.

Notwithstanding any other provision, a person other than a county auditor or a director of a county license bureau, who was appointed by the registrar before August 1, 1976, as a deputy registrar for any statutory or home rule charter city, may continue to serve as deputy registrar and may be discontinued for cause only by the registrar. The county

auditor who appointed the deputy registrars is responsible for the acts of deputy registrars appointed by the auditor. Each deputy, before entering upon the discharge of duties, shall take and subscribe an oath to faithfully discharge the duties and to uphold the laws of the state. If a deputy registrar appointed under this subdivision is not an officer or employee of a county or statutory or home rule charter city, the deputy shall in addition give bond to the state in the sum of $10,000, or a larger sum as may be required by the registrar, conditioned upon the faithful discharge of duties as deputy registrar. A corporation governed by chapter 302A may be appointed a deputy registrar. Upon application by an individual serving as a deputy registrar and the giving of the requisite bond as provided in this subdivision, personally assured by the individual or another individual approved by the commissioner of public safety, a corporation named in an application shall become the duly appointed and qualified successor to the deputy registrar. Each deputy registrar appointed under this subdivision shall keep and maintain, in a convenient public place within or in close proximity to the place for which appointed, a registration and motor vehicle tax collection bureau, to be approved by the registrar, for the registration of motor vehicles and the collection of taxes on motor vehicles. The deputy registrar shall keep records and make reports to the registrar as the registrar, from time to time, may require. The records must be maintained at the facility of the deputy registrar. The records and facilities of the deputy registrar must at all times be open to the inspection of the registrar or the registrar's agents. The deputy registrar shall report to the registrar by the next working day following receipt all registrations made and taxes and fees collected by the deputy registrar. The filing fee imposed under subdivision 7 must be deposited in the treasury of the place for which appointed or, if not a public official, a deputy shall retain the filing fee, but the registration tax and any additional fees for delayed registration the deputy registrar has collected the deputy registrar shall deposit by the next working day following receipt in an approved state depository to the credit of the state through the state treasurer. The place for which the deputy registrar is appointed through its governing body must provide the deputy registrar with facilities and personnel to carry out the duties imposed by this subdivision if the deputy is a public official. In all other cases, the deputy shall maintain a suitable facility for serving the public."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Kahn moved to amend H. F. No. 3243, the first engrossment, as amended, as follows:

Page 20, after line 8, insert:

"Sec. 37. [STEAM SERVICE FACILITIES.]

No state agency may issue a permit and no government bonds may be issued for a steam service facility that was the subject of an environmental impact statement referenced in Minnesota Statutes, section 116G.15, until either:

(1) the environmental quality board states that no economically less expensive and environmentally superior alternative to the project was identified by the environmental impact statement on the project; or

(2) until after the legislature has adjourned its regular session in 1997."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

H. F. No. 3243, A bill for an act relating to the organization and operation of state government; appropriating money for economic development and other purposes; providing for assessments against utilities; amending Minnesota Statutes 1994, sections 116G.151; 138.664, by adding a subdivision; 138.763, subdivision 1, and by adding a subdivision; and 469.303; Minnesota Statutes 1995 Supplement, sections 79.561, subdivision 3; 138.01, by adding a subdivision; Laws 1994, chapter 573, sections 1, subdivisions 6 and 7; 4; and 5, subdivisions 1 and 2; Laws 1995, chapters 231, article 1, section 33; and 224, sections 2, subdivision 2; and 5, subdivision 3; proposing coding for new

law in Minnesota Statutes, chapter 116J; repealing Minnesota Statutes 1994, sections 116J.873, subdivisions 1, 2, and 4; 138.662, subdivision 5; and 268.9783, subdivision 8; Minnesota Statutes 1995 Supplement, section 116J.873, subdivisions 3 and 5.

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

The question was taken on the passage of the bill and the roll was called. There were 68 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Bakk         Garcia       Leighton     Orenstein    Sarna
Bertram      Greenfield   Lieder       Orfield      Schumacher
Brown        Greiling     Long         Osskopp      Skoglund
Carlson, L.  Hasskamp     Lourey       Osthoff      Solberg
Carruthers   Hausman      Luther       Ostrom       Tomassoni
Clark        Huntley      Mahon        Otremba      Trimble
Cooper       Jaros        Mariani      Pelowski     Tunheim
Dauner       Jefferson    Marko        Perlt        Wagenius
Dawkins      Johnson, A.  McCollum     Peterson     Wejcman
Delmont      Johnson, R.  McGuire      Pugh         Wenzel
Dorn         Kahn         Milbert      Rest         Winter
Entenza      Kalis        Munger       Rhodes       Sp.Anderson,I
Farrell      Kelley       Murphy       Rice         
Frerichs     Kinkel       Opatz        Rukavina     

Abrams       Erhardt      Koppendrayer Olson, M.    Tompkins
Anderson, B. Finseth      Kraus        Onnen        Tuma
Anderson, R. Girard       Krinkie      Ozment       Van Dellen
Bettermann   Goodno       Larsen       Paulsen      Van Engen
Bishop       Gunther      Leppik       Pawlenty     Vickerman
Boudreau     Haas         Lindner      Pellow       Warkentin
Bradley      Hackbarth    Lynch        Rostberg     Weaver
Broecker     Harder       Macklin      Seagren      Wolf
Carlson, S.  Holsten      Mares        Smith        Worke
Commers      Jennings     McElroy      Stanek       Workman 
Daggett      Johnson, V.  Molnau       Sviggum      
Davids       Kelso        Mulder       Swenson, D.  
Dehler       Knight       Ness         Swenson, H.  
Dempsey      Knoblach     Olson, E.    Sykora       

H. F. No. 2298, A bill for an act relating to government efficiency; extending the effective period of certain exemptions granted by the board of government innovation and cooperation; granting independent school district No. 2134, United South Central, a waiver from a law related to elections; amending Minnesota Statutes 1995 Supplement, section 465.797, subdivision 5.

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

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

Those who voted in the affirmative were:

Abrams       Finseth      Koppendrayer Olson, M.    Stanek
Anderson, B. Frerichs     Kraus        Onnen        Sviggum
Anderson, R. Garcia       Krinkie      Opatz        Swenson, D.
Bakk         Girard       Larsen       Orenstein    Swenson, H.
Bertram      Goodno       Leighton     Orfield      Sykora
Bettermann   Greenfield   Leppik       Osskopp      Tomassoni
Bishop       Greiling     Lieder       Osthoff      Tompkins
Boudreau     Gunther      Lindner      Ostrom       Trimble
Bradley      Haas         Long         Otremba      Tuma
Broecker     Hackbarth    Lourey       Ozment       Tunheim
Brown        Harder       Luther       Paulsen      Van Dellen
Carlson, L.  Hasskamp     Lynch        Pawlenty     Van Engen
Carlson, S.  Hausman      Macklin      Pellow       Vickerman
Carruthers   Holsten      Mahon        Pelowski     Wagenius
Clark        Huntley      Mares        Perlt        Warkentin
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7800

Commers      Jaros        Mariani      Peterson     Weaver
Cooper       Jefferson    Marko        Pugh         Wejcman
Daggett      Jennings     McCollum     Rest         Wenzel
Dauner       Johnson, R.  McElroy      Rhodes       Winter
Davids       Johnson, V.  McGuire      Rostberg     Wolf
Dawkins      Kahn         Milbert      Rukavina     Worke
Dehler       Kalis        Molnau       Sarna        Workman 
Delmont      Kelley       Mulder       Schumacher   
Dempsey      Kelso        Munger       Seagren      
Dorn         Kinkel       Murphy       Skoglund     
Entenza      Knight       Ness         Smith        
Erhardt      Knoblach     Olson, E.    Solberg      

H. F. No. 2752 was reported to the House.

Luther moved to amend H. F. No. 2752, the first engrossment, as follows:

Page 6, line 6, before the period, insert "and services"

The motion prevailed and the amendment was adopted.

Ozment moved to amend H. F. No. 2752, the first engrossment, as amended, as follows:

Page 4, line 33, delete "50" and insert "40"

Page 5, line 24, delete "50" and insert "40"

Page 7, line 15, delete "50" and insert "40"

A roll call was requested and properly seconded.

The question was taken on the Ozment amendment and the roll was called. There were 14 yeas and 118 nays as follows:

Those who voted in the affirmative were:

Dehler       Harder       Luther       Osskopp      Tomassoni
Dempsey      Kinkel       Mariani      Ozment       Workman 
Gunther      Kraus        Onnen        Paulsen      

Abrams       Erhardt      Knoblach     Olson, E.    Solberg
Anderson, B. Farrell      Koppendrayer Olson, M.    Stanek
Anderson, R. Finseth      Krinkie      Opatz        Sviggum
Bakk         Frerichs     Larsen       Orenstein    Swenson, D.
Bertram      Garcia       Leighton     Orfield      Swenson, H.
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7801

Bettermann   Girard       Leppik       Osthoff      Sykora
Bishop       Goodno       Lieder       Ostrom       Tompkins
Boudreau     Greenfield   Lindner      Otremba      Trimble
Bradley      Greiling     Long         Pawlenty     Tuma
Broecker     Hackbarth    Lourey       Pellow       Tunheim
Brown        Hasskamp     Lynch        Pelowski     Van Dellen
Carlson, L.  Hausman      Macklin      Perlt        Van Engen
Carlson, S.  Holsten      Mahon        Peterson     Vickerman
Carruthers   Huntley      Mares        Pugh         Wagenius
Clark        Jefferson    Marko        Rest         Warkentin
Commers      Jennings     McCollum     Rhodes       Weaver
Cooper       Johnson, A.  McElroy      Rice         Wejcman
Daggett      Johnson, R.  McGuire      Rostberg     Wenzel
Dauner       Johnson, V.  Milbert      Rukavina     Winter
Davids       Kahn         Molnau       Sarna        Wolf
Dawkins      Kalis        Mulder       Schumacher   Worke
Delmont      Kelley       Munger       Seagren      Sp.Anderson,I
Dorn         Kelso        Murphy       Skoglund     
Entenza      Knight       Ness         Smith        

H. F. No. 2752, A bill for an act relating to consumer protection; providing for the licensing and regulation of pawnbrokers; providing penalties; amending Minnesota Statutes 1994, sections 471.924, subdivision 1; 471.925; and 471.927; proposing coding for new law as Minnesota Statutes, chapter 325J; repealing Minnesota Statutes 1994, section 609.81.

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

The question was taken on the passage of the bill and the roll was called. There were 108 yeas and 22 nays as follows:

Those who voted in the affirmative were:

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

Davids       Holsten      Knight       Lindner      Trimble
Dawkins      Huntley      Knoblach     Milbert      Wolf 
Dehler       Jaros        Koppendrayer Osthoff      
Farrell      Jennings     Krinkie      Rostberg     
Hackbarth    Kinkel       Larsen       Rukavina     

S. F. No. 1925, A bill for an act relating to the housing finance agency; making technical changes to requirements under single family housing programs; amending Minnesota Statutes 1994, sections 462A.05, subdivisions 14a and 18; and 462A.07, subdivision 14.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 2 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knoblach     Olson, E.    Solberg
Anderson, B. Finseth      Koppendrayer Onnen        Stanek
Anderson, R. Frerichs     Kraus        Opatz        Sviggum
Bakk         Garcia       Krinkie      Orenstein    Swenson, D.
Bertram      Girard       Larsen       Orfield      Swenson, H.
Bettermann   Goodno       Leighton     Osskopp      Sykora
Bishop       Greenfield   Leppik       Osthoff      Tomassoni
Boudreau     Greiling     Lieder       Ostrom       Tompkins
Bradley      Gunther      Lindner      Otremba      Trimble
Broecker     Haas         Long         Ozment       Tuma
Brown        Hackbarth    Lourey       Paulsen      Tunheim
Carlson, L.  Harder       Luther       Pawlenty     Van Dellen
Carlson, S.  Hasskamp     Lynch        Pellow       Van Engen
Carruthers   Hausman      Macklin      Pelowski     Vickerman
Clark        Holsten      Mahon        Perlt        Wagenius
Commers      Huntley      Mares        Peterson     Warkentin
Cooper       Jaros        Mariani      Pugh         Weaver
Daggett      Jefferson    Marko        Rest         Wejcman
Dauner       Jennings     McCollum     Rhodes       Wenzel
Davids       Johnson, A.  McElroy      Rice         Winter
Dawkins      Johnson, R.  McGuire      Rostberg     Wolf
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7802

Dehler       Johnson, V.  Milbert      Rukavina     Worke
Delmont      Kahn         Molnau       Sarna        Workman
Dempsey      Kalis        Mulder       Schumacher   Sp.Anderson,I
Dorn         Kelley       Munger       Seagren      
Entenza      Kelso        Murphy       Skoglund     
Erhardt      Kinkel       Ness         Smith        

Knight       Olson, M.                 

H. F. No. 2322, A bill for an act relating to motor carriers; authorizing the transportation regulation board to issue charter carrier permits for operation within the city of St. Paul; amending Minnesota Statutes 1994, section 221.121, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 98 yeas and 33 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Garcia       Kraus        Opatz        Seagren
Bakk         Goodno       Leighton     Orenstein    Skoglund
Bertram      Greenfield   Leppik       Orfield      Solberg
Bishop       Greiling     Lieder       Osskopp      Stanek
Bradley      Gunther      Long         Osthoff      Sviggum
Brown        Harder       Lourey       Ostrom       Swenson, D.
Carlson, L.  Hasskamp     Luther       Otremba      Swenson, H.
Carlson, S.  Hausman      Lynch        Ozment       Tomassoni
Carruthers   Huntley      Mahon        Paulsen      Tompkins
Clark        Jaros        Mariani      Pellow       Trimble
Cooper       Jefferson    Marko        Pelowski     Tunheim
Dawkins      Johnson, A.  McCollum     Perlt        Wagenius
Dehler       Johnson, R.  McElroy      Peterson     Weaver
Delmont      Johnson, V.  McGuire      Pugh         Wejcman
Dempsey      Kahn         Milbert      Rest         Wenzel
Dorn         Kalis        Mulder       Rhodes       Winter
Entenza      Kelley       Munger       Rostberg     Worke
Farrell      Kelso        Murphy       Rukavina     Sp.Anderson,I
Finseth      Kinkel       Ness         Sarna        
Frerichs     Koppendrayer Olson, E.    Schumacher   

Abrams       Davids       Knoblach     Olson, M.    Van Engen
Anderson, B. Erhardt      Krinkie      Onnen        Vickerman
Bettermann   Girard       Larsen       Pawlenty     Warkentin
Boudreau     Haas         Lindner      Smith        Wolf
Broecker     Hackbarth    Macklin      Sykora       Workman 
Commers      Holsten      Mares        Tuma         
Daggett      Knight       Molnau       Van Dellen   

S. F. No. 2009 was reported to the House.

Cooper moved to amend S. F. No. 2009 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [JOINT VENTURE.]

Subdivision 1. [AUTHORIZATION.] The city of Willmar is authorized to allow the Willmar municipal utilities commission to enter into a joint venture with the Kandiyohi cooperative electric power association for the provision of utility services within the boundaries of each utility's exclusive electric service territory, as shown on the map of service territories maintained by the department of public service. The terms and conditions of the joint venture are subject to ratification by both the municipal utilities commission of the city of Willmar and the board of the Kandiyohi cooperative electric power association and may include the formation of a corporate entity with an administrative and governance structure independent of the two utilities. A corporate entity formed under this section shall be subject to all laws and rules applicable to municipal utilities and cooperative electric associations.

Subd. 2. [POWERS.] (a) The joint venture formed under this section, if any, shall have such powers, privileges, responsibilities, and duties of the separate utilities entering into the joint venture as the joint venture agreement may provide, except that, upon formation of the joint venture, neither the joint venture nor the Willmar municipal utilities commission shall have the power of eminent domain or the authority under section 216B.44 to enlarge the service territory served by the joint venture.

(b) Such powers include, but are not limited to, the authority to:

(1) finance, own, construct, and operate facilities necessary for the provision of electric power to wholesale or retail customers, including generation, transmission, and distribution facilities;

(2) combine service territories, in whole or in part, upon notice and hearing to do so with the public utilities commission;

(3) serve customers in the two utilities' service territories or in the combined service territory;

(4) combine, share, or employ administrative, managerial, operational, or other staff which combining or sharing will not degrade safety, reliability, or customer service standards;

(5) provide for joint administrative functions, such as meter reading and billing;

(6) purchase or sell power at wholesale for resale to customers;

(7) provide energy conservation programs, other utility programs, and public interest programs, such as cold weather shutoff protection, and energy conservation spending programs as required by law and rule; and

(8) participate as the parties deem necessary in the provision of wholesale electric power with other municipal utilities, rural electric cooperative utilities, investor-owned utilities, or other entities, public or private.

Subd. 3. [MONITOR AND REPORT.] The Kandiyohi cooperative electric power association and the Willmar municipal utilities commission shall monitor the progress and operation of the joint venture, and shall issue a report to the public utilities commission and legislative committees with jurisdiction over utility regulation and operation outlining the progress of the joint venture. The report required by this subdivision must be submitted not later than January 1, 1998."

The motion prevailed and the amendment was adopted.

S. F. No. 2009, A bill for an act relating to electric utilities; allowing the city of Willmar to enter into a joint venture with the Kandiyohi cooperative electric power association for the provision of electric power.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 2670, A bill for an act relating to the Minnesota municipal board; clarifying authority and procedures; amending Minnesota Statutes 1994, sections 414.01, subdivisions 1, 2, 6a, 7a, 8, 12, and 16; 414.02, subdivision 3; 414.031, subdivision 4; 414.0325, subdivisions 1, 1a, and 3; 414.033, subdivision 5, and by adding a subdivision; 414.041, subdivisions 3 and 5; and 414.061, subdivisions 4 and 5; repealing Minnesota Statutes 1994, sections 414.01, subdivisions 3, 3a, and 4; and 414.061, subdivision 4a.

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

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

Those who voted in the affirmative were:

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

S. F. No. 2020, A bill for an act relating to human services; requesting the commissioners of health and human services to seek a federal waiver; amending Minnesota Statutes 1994, section 144A.04, by adding a subdivision.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

S. F. No. 2166, A bill for an act relating to capital improvements; permitting up to a 40-year term for certain bonds; amending Minnesota Statutes 1994, sections 429.091, subdivision 3; and 475.54, subdivisions 1 and 3.

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

The question was taken on the passage of the bill and the roll was called. There were 132 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

S. F. No. 1800, A bill for an act relating to the military; changing procedures for disposition of closed armories; amending Minnesota Statutes 1995 Supplement, section 193.36, subdivision 2.

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

The question was taken on the passage of the bill and the roll was called. There were 131 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

H. F. No. 2115, A bill for an act relating to agriculture; adjusting certain net worth definitions for certain rural finance agency programs; amending Minnesota Statutes 1994, section 41C.02, subdivision 12.

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

The question was taken on the passage of the bill and the roll was called. There were 128 yeas and 0 nays as follows:

Those who voted in the affirmative were:

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

Carruthers, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:

H. F. Nos. 1540, 2858, 2377, 2782, 2218 and 3013; S. F. No. 1996; and H. F. No.2171.

H. F. No. 1540, A bill for an act relating to retirement; the Minneapolis teachers retirement fund association; providing for purchase of allowable service credit for public school employment outside the state of Minnesota; proposing coding for new law in Minnesota Statutes, chapter 354A.

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

The question was taken on the passage of the bill and the roll was called. There were 103 yeas and 26 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Finseth      Larsen       Orenstein    Stanek
Bakk         Frerichs     Leppik       Orfield      Swenson, D.
Bertram      Garcia       Lieder       Osskopp      Swenson, H.
Bettermann   Goodno       Long         Osthoff      Sykora
Bishop       Greenfield   Lourey       Ostrom       Tomassoni
Bradley      Hackbarth    Luther       Otremba      Tompkins
Brown        Hasskamp     Macklin      Ozment       Trimble
Carlson, L.  Hausman      Mahon        Pelowski     Tuma
Carruthers   Huntley      Mares        Perlt        Tunheim
Clark        Jaros        Mariani      Peterson     Van Dellen
Cooper       Jefferson    Marko        Pugh         Van Engen
Daggett      Johnson, A.  McCollum     Rest         Vickerman
Dauner       Johnson, R.  McElroy      Rhodes       Wagenius
Davids       Johnson, V.  McGuire      Rostberg     Warkentin
Dawkins      Kahn         Milbert      Rukavina     Wejcman
Dehler       Kalis        Munger       Sarna        Wenzel
Delmont      Kelley       Murphy       Schumacher   Winter
Dempsey      Kelso        Ness         Seagren      Workman
Dorn         Kinkel       Olson, E.    Skoglund     Sp.Anderson,I
Entenza      Knoblach     Onnen        Smith        
Farrell      Kraus        Opatz        Solberg      

Abrams       Girard       Knight       Mulder       Wolf
Anderson, B. Greiling     Koppendrayer Olson, M.    Worke 
Boudreau     Gunther      Krinkie      Paulsen      
Broecker     Haas         Lindner      Pellow       
Carlson, S.  Harder       Lynch        Sviggum      
Erhardt      Holsten      Molnau       Weaver       

H. F. No. 2858, A bill for an act relating to Camp Ripley; providing for use of the National Guard Education Center as the state education and training center; proposing coding for new law in Minnesota Statutes, chapter 15.

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

The question was taken on the passage of the bill and the roll was called. There were 116 yeas and 13 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Knoblach     Opatz        Solberg
Anderson, R. Farrell      Koppendrayer Orenstein    Stanek
Bakk         Finseth      Kraus        Orfield      Sviggum
Bertram      Frerichs     Larsen       Osskopp      Swenson, D.
Bettermann   Garcia       Leighton     Osthoff      Swenson, H.
Bishop       Girard       Leppik       Ostrom       Sykora
Boudreau     Goodno       Lieder       Otremba      Tomassoni
Bradley      Greenfield   Long         Ozment       Trimble
Broecker     Greiling     Lourey       Paulsen      Tunheim
Brown        Gunther      Luther       Pawlenty     Van Engen
Carlson, L.  Haas         Lynch        Pellow       Vickerman
Carlson, S.  Harder       Macklin      Pelowski     Wagenius
Carruthers   Hausman      Mahon        Perlt        Warkentin
Clark        Holsten      Mares        Peterson     Weaver
Commers      Huntley      Mariani      Pugh         Wejcman
Cooper       Jaros        Marko        Rest         Wenzel
Daggett      Jefferson    McGuire      Rhodes       Winter
Dauner       Johnson, A.  Milbert      Rostberg     Wolf
Davids       Johnson, V.  Molnau       Rukavina     Workman
Dawkins      Kahn         Mulder       Sarna        Sp.Anderson,I
Delmont      Kalis        Munger       Schumacher   
JOURNAL OF THE HOUSE - 87th Day - Top of Page 7808

Dempsey      Kelley       Murphy       Seagren      
Dorn         Kelso        Ness         Skoglund     
Entenza      Kinkel       Olson, E.    Smith        

Anderson, B. Hasskamp     Lindner      Olson, M.    Worke 
Dehler       Knight       McCollum     Onnen        
Hackbarth    Krinkie      McElroy      Van Dellen   

Carruthers moved that the remaining bills on Special Orders for today be continued. The motion prevailed.

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

Mulder moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, February 27, 1996, when the vote was taken on the Knoblach amendment to H. F. No. 2206, the third engrossment, as amended." The motion prevailed.

Seagren moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, February 27, 1996, when the vote was taken on the final passage of H. F. No. 2206, as amended." The motion prevailed.

Mares moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, February 27, 1996, when the vote was taken on the Lindner et al amendment to H. F. No. 2818, the second engrossment, as amended." The motion prevailed.

Peterson moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Tuesday, February 27, 1996, when the vote was taken on the Krinkie amendment to H. F. No. 2818, the second engrossment, as amended." The motion prevailed.

Seagren moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, February 27, 1996, when the vote was taken on the final passage of H. F. No. 3217." The motion prevailed.

Garcia moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Tuesday, February 27, 1996, when the vote was taken on the Rest amendment to S. F. No. 558." The motion prevailed.

Seagren moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the negative on Tuesday, February 27, 1996, when the vote was taken on the final passage of S. F. No. 2802." The motion prevailed.

Hausman moved that H. F. No. 3236 be recalled from the Committee on Regulated Industries and Energy and be re-referred to the Committee on Environment and Natural Resources. The motion prevailed.

Peterson moved that H. F. No. 1893 be returned to its author. The motion prevailed.

Peterson moved that H. F. No. 1895 be returned to its author. The motion prevailed.

Wagenius moved that H. F. No. 2295 be returned to its author. The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 2008:

Opatz, McCollum and Davids.

Carruthers moved that when the House adjourns today it adjourn until 12:30 p.m., Thursday, February 29, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 12:30 p.m., Thursday, February 29, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

Comments: webmaster@house.leg.state.mn.us