The Chief Clerk proceeded to read the Journals of the preceding days. Delmont moved that further reading of the Journals be suspended and that the Journals be approved as corrected by the Chief Clerk. The motion prevailed.

S. F. No. 1978 and H. F. No. 2052, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Daggett moved that the rules be so far suspended that S. F. No. 1978 be substituted for H. F. No. 2052 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2194 and H. F. No. 2556, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Mahon moved that S. F. No. 2194 be substituted for H. F. No. 2556 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2317 and H. F. No. 2639, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Long moved that S. F. No. 2317 be substituted for H. F. No. 2639 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 2624 and H. F. No. 3078, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

Lourey moved that S. F. No. 2624 be substituted for H. F. No. 3078 and that the House File be indefinitely postponed. The motion prevailed.

The following communications were received:

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

2813 291 8:40 a.m. March 1 March 1

2584 292 8:36 a.m. March 1 March 1

2802 293 8:32 a.m. March 1 March 1

2596 294 8:34 a.m. March 1 March 1

Sincerely,

Joan Anderson Growe

Secretary of State

March 4, 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. 2365, relating to natural resources; modifying open burning restrictions; empowering the commissioner to declare an emergency; modifying provisions relating to timber sales.

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

2365 295 11:10 a.m. March 4 March 4

2020 296 11:12 a.m. March 4 March 4

2166 297 11:15 a.m. March 4 March 4

1925 298 11:17 a.m. March 4 March 4

1800 299 11:20 a.m. March 4 March 4

2009 300 11:28 a.m. March 4 March 4

Sincerely,

Joan Anderson Growe

Secretary of State

Rest from the Committee on Taxes to which was referred:

H. F. No. 3012, A bill for an act relating to metropolitan government; modifying a certain levy limitation for the metropolitan council; allowing for distribution of funds from the tax base revitalization account to development authorities; authorizing the metropolitan council to issue bonds; requiring a transfer between certain accounts of the council; amending Minnesota Statutes 1994, section 473.167, subdivision 2a; Minnesota Statutes 1995 Supplement, sections 473.167, subdivisions 2 and 3; and 473.252; Laws 1989, chapter 279, section 7, subdivision 6; repealing Minnesota Statutes 1994, section 473.167, subdivision 5; Minnesota Statutes 1995 Supplement, section 473.167, subdivision 3a.

Reported the same back with the following amendments:

Page 9, line 18, after "property" insert "located within Hennepin county"

Page 12, line 32, delete ", 2018," and insert "of the year in which tax increments, assessments, and other revenues from the district and the accumulated increments from the district consisting of the Kelly property exceed the permitted expenditures under paragraph (d). The provisions of this paragraph apply beginning with the first calendar year after the conditions precedent in subdivision 2 are satisfied and construction has begun on improvements on the met center site. No increments may, in any event, be collected from the tax increment financing district on the met center site after December 31, 2018."

Page 12, delete lines 33 and 34

Page 13, line 10, delete "any" and insert "only the following:

(1) amounts that the city or port authority must pay to reimburse or otherwise pay the developer for public improvements because of certified counted value resulting from investment in property at the met center site under section 9.2(05) of the restated contract for purchase and private redevelopment of land, by and among the city of Bloomington, the port authority of the city of Bloomington, and the Mall of America Company, dated May 31, 1988;

(2) interest and other financing costs the city or port authority pays or incurs on, but that are not included in, the amounts under clause (1); and

(3) reasonable administrative expenses as provided under Minnesota Statutes, sections 469.174 to 469.178. The amounts permitted under clauses (1) and (2) must be used to determine the limit on administrative expenses under Minnesota Statutes, section 469.176, subdivision 3.

For purposes of determining the qualifying ratio percent for counted value under the formula in section 9.2(05) of the restated contract under clause (1), investment in property at the met center site is deemed to be after or in addition to all the investment at other sites covered by the restated contract."

Page 13, delete lines 11 to 15

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

The report was adopted.

Pursuant to Senate Concurrent Resolution No. 12, H. F. No. 3012 was re-referred to the Committee on Rules and Legislative Administration.

S. F. Nos. 1978, 2194, 2317 and 2624 were read for the second time.

The following House File was introduced:

Skoglund introduced:

H. F. No. 3268, A bill for an act relating to legislative enactments; providing for the correction of miscellaneous oversights, inconsistencies, ambiguities, unintended results, and technical errors of a noncontroversial nature; repealing Laws 1995, chapter 171, sections 54 and 56.

The bill was read for the first time and referred to the Committee on Rules and Legislative Administration.

The following House Advisory was introduced:

Hasskamp, by request, introduced:

H. A. No. 27, A proposal to study county public guardianship services provided for vulnerable disabled adults.

The advisory was referred to the Committee on Health and Human Services.

The following messages were received from the Senate:

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 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.

The Senate has appointed as such committee:

Mr. Pogemiller; Ms. Krentz; Mr. Janezich; Ms. Robertson and Mr. Knutson.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate accedes to the request of the House for the appointment of a Conference Committee on the amendments adopted by the Senate to the following House File:

H. F. No. 2818, A bill for an act relating to human services; changing provisions relating to certain public assistance programs; providing changes to long-term care; adding provisions to health care and health plan regulations; adding provisions for dental services, senior nutrition programs, and kinship caregiver support programs; authorizing studies and reports; appropriating money; amending Minnesota Statutes 1994, sections 62D.04, subdivision 5; 62N.10, subdivision 4; 62Q.075, subdivision 2; 144.0722, by adding a subdivision; 144.551, subdivision 1; 144.71, subdivisions 1 and 2; 144.72, subdivisions 1 and 2; 144.73, subdivision 1; 144.74; 144A.04, by adding a subdivision; 145.61, subdivision 5; 148.235, by adding a subdivision; 148C.01, by adding a subdivision; 148C.09, by adding a subdivision; 157.20, by adding a subdivision; 245.462, subdivision 4; 245.4871, subdivision 4; 245.94, subdivisions 2a and 3; 245.95, subdivision 2; 245.97, subdivision 6; 246.57, by adding a subdivision; 253B.11, subdivision 2; 256.482, by adding a subdivision; 256.73, subdivision 1, and by adding a subdivision; 256B.03, by adding a subdivision; 256B.056, subdivisions 1 and 1a; 256B.058, subdivision 2; 256B.0627, subdivisions 1, as amended, 4, as amended, 5, as amended, and by adding a subdivision; 256B.0913, subdivision 7, and by adding subdivisions; 256B.0915, subdivision 1b, and by adding subdivisions; 256B.15, by adding subdivisions; 256B.35, subdivision 1; 256B.37, subdivision 5; 256B.49, by adding a subdivision; 256B.501, by adding subdivisions; 256B.69, by adding a subdivision; 256D.16; 256I.04, subdivision 1; 256I.05, subdivision 1c, and by adding a subdivision; and 327.14, subdivision 8; Minnesota Statutes 1995 Supplement, sections 62Q.19, subdivisions 1 and 5; 62R.17; 144.122; 144.9503, subdivisions 6, 8, and 9; 144.9504, subdivisions 2, 7, and 8; 144.9505, subdivision 4; 144A.071, subdivision 3; 148C.01, subdivisions 12 and 13; 148C.02, subdivisions 1 and 2; 148C.03, subdivision 1; 148C.04, subdivisions 3, 4, and by adding a subdivision; 148C.05, subdivision 1; 148C.06; 148C.11, subdivisions 1 and 3; 157.011, subdivision 1; 157.15, subdivisions 4, 5, 6, 9, 12, 13, and 14, and by adding subdivisions; 157.16; 157.17, subdivision 2; 157.20, subdivision 1; 157.21; 252.27, subdivision 2a; 256.045, subdivision 3; 256.969, subdivisions 1, 2b, and 10; 256B.0575; 256B.0625, subdivisions 17, 19a, and 30; 256B.0628, subdivision 2; 256B.0913, subdivisions 5 and 15a; 256B.0915, subdivisions 3 and 3a; 256B.093, subdivision 3; 256B.15, subdivision 5; 256B.431, subdivision 25; 256B.432, subdivision 2; 256B.434, subdivision 10; 256B.49, subdivisions 6 and 7; 256B.501, subdivisions 5b and 5c; 256B.69, subdivisions 3a, 4, 5b, 6, and 21; 256D.02, subdivision 12a; 256D.03, subdivision 4; and 256I.04, subdivisions 2b and 3; Laws 1995, chapter 207, articles 1,

section 2, subdivision 4; and 8, section 42, subdivision 5; proposing coding for new law in Minnesota Statutes, chapters 62J; 144; 145; 157; 252; 256; 256B; and 256E; proposing coding for new law as Minnesota Statutes, chapter 252B; repealing Minnesota Statutes 1994, sections 144.691, subdivision 4; 146.14; 146.20; Minnesota Statutes 1995 Supplement, sections 157.03; 157.15, subdivision 2; 157.18; 157.19; and 256B.69, subdivision 4a; Minnesota Rules, part 9505.5230.

The Senate has appointed as such committee:

Mr. Samuelson; Ms. Berglin; Mr. Sams; Ms. Kiscaden and Mr. Terwilliger.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

I hereby announce that the Senate refuses to concur in the House amendments to the following Senate File:

S. F. No. 1996, A bill for an act relating to family law; requiring specificity in visitation orders; modifying provisions for visitation expeditors; providing for the establishment of mandatory visitation dispute resolution programs; imposing penalties; amending Minnesota Statutes 1994, sections 518.175, subdivision 1; and 518.1751.

The Senate respectfully requests that a Conference Committee be appointed thereon. The Senate has appointed as such committee:

Mr. Kelly, Ms. Robertson and Mr. Cohen.

Said Senate File is herewith transmitted to the House with the request that the House appoint a like committee.

Patrick E. Flahaven, Secretary of the Senate

Dawkins moved that the House accede to the request of the Senate and that the Speaker appoint a Conference Committee of 3 members of the House to meet with a like committee appointed by the Senate on the disagreeing votes of the two houses on S. F. No. 1996. The motion prevailed.

Mr. Speaker:

I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

S. F. Nos. 2527, 2066, 1587, 1945 and 842.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2527, A bill for an act relating to elections; exempting certain campaign materials from disclaimer requirements; amending Minnesota Statutes 1994, section 211B.04.

The bill was read for the first time and referred to the Committee on General Legislation, Veterans Affairs and Elections.

S. F. No. 2066, A bill for an act relating to criminal justice; requiring mandatory minimum penalties for repeat domestic assault offenders; proposing coding for new law in Minnesota Statutes, chapter 609.

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

S. F. No. 1587, A bill for an act relating to state lands; authorizing the sale of certain tax-forfeited lands that border public water in Sherburne county.

The bill was read for the first time and referred to the Committee on Environment and Natural Resources.

S. F. No. 1945, A bill for an act relating to elevators; regulating persons who may do elevator work; amending Minnesota Statutes 1995 Supplement, sections 16B.747, subdivision 1; and 16B.748; proposing coding for new law in Minnesota Statutes, chapter 16B.

The bill was read for the first time.

Carruthers moved that S. F. No. 1945 and H. F. No. 2715, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 842, A bill for an act relating to occupations and professions; board of psychology; modifying board duties; changing types of licensure; changing licensure provisions; providing for discipline; providing penalties; amending Minnesota Statutes 1994, sections 148.88; 148.881; 148.89, subdivisions 2a and 5; 148.90, subdivisions 1 and 2; 148.905, subdivision 1; 148.911; 148.925; 148.941, subdivisions 2, 4, and by adding subdivisions; 148.96; 148.975; 148.98; 253B.02, subdivision 11; Minnesota Statutes 1995 Supplement, section 147.09; proposing coding for new law in Minnesota Statutes, chapter 148; repealing Minnesota Statutes 1994, sections 148.89, subdivisions 6, 7, and 8; 148.91; 148.93; 148.951; and 148.97; Minnesota Statutes 1995 Supplement, section 148.921.

The bill was read for the first time.

Kelley moved that S. F. No. 842 and H. F. No. 1157, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

Pursuant to rule 1.10, Solberg requested immediate consideration of S. F. No. 2167.

S. F. No. 2167 was reported to the House.

Brown moved to amend S. F. No. 2167 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [ENVIRONMENT AND NATURAL RESOURCES 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. Fiscal year 1996 appropriations are available during the biennium ending June 30, 1997.

1996 1997

General Fund $ 1,974,000$ 716,000

Solid Waste -0- 689,000

Natural Resources 850,000 -0-

Environment and Natural Resources Trust 1,630,000 -0-

Minnesota Future Resources 2,755,000 -0-

Permanent University -0- (500,000)

Total 7,209,000 905,000

APPROPRIATIONS

Available for the Year

Ending June 30

1996 1997

Sec. 2. POLLUTION CONTROL AGENCY $ 353,000$ 689,000

Summary by Fund

General 353,000 -0-

Solid Waste -0- 689,000

$150,000 is appropriated in fiscal year 1996 to conduct a detailed assessment of the water quality point source activities as detailed in the 1995 blue ribbon task force report to the legislature.

$125,000 is appropriated in fiscal year 1996 for legal defense of a lawsuit filed by environmental agencies against the state.

$78,000 is appropriated in fiscal year 1996 to study frog tissues as biological indicators and to develop an index for wetlands water quality using invertebrates and amphibians. $28,000 of the appropriation must be given to the Center for Global Environmental Education at Hamline University and used to study frogs as environmental indicators in working with schools and other organizations.

$689,000 is appropriated in fiscal year 1997 from the solid waste fund to carry out the provisions of Minnesota Statutes, section 115B.441, that resolves state claims for certain landfill cleanup costs. $425,000 of this appropriation must be transferred to the attorney general's office.

Sec. 3. NATURAL RESOURCES 1,801,000 216,000

Summary by Fund

General 951,000 716,000

Natural Resources 850,000 -0-

Permanent University -0- (500,000)

$313,000 is appropriated in fiscal year 1996 for unanticipated costs the agency incurred for the assessment of timber damage, cleanup, reconstruction, replacement of damaged natural resources, facilities, and roads, removal of damaged trees and other storm debris, and the cleanup and repair of state park facilities related to July 1995 storm damage.

$216,000 is appropriated in fiscal year 1997 to partially restore a program reduction made to the administrative, regional, and support functions of the agency. This appropriation is added to the appropriation in Laws 1995, chapter 220, section 5, subdivision 9.

$410,000 is appropriated in fiscal year 1996 to provide a grant to the city of Montevideo for acquisition and development of the Chippewa county regional trail, notwithstanding Minnesota Statutes, section 85.019, subdivision 3.

$500,000 is appropriated in fiscal year 1997 for minerals resources management. This appropriation is added to the appropriation in Laws 1995, chapter 220, section 5, subdivision 2.

Of the amount appropriated in fiscal year 1996, $50,000 is for a grant to the joint powers board established pursuant to Minnesota Statutes, section 471.59, for the Lewis and Clark rural water system, in order to identify and develop water supply alternatives for member cities and rural water systems. The joint powers board shall prepare a work plan identifying steps the board will take to develop water supply alternatives and meet water supply needs in the region. The plan shall be subject to review and approval by the commissioner of natural resources. This appropriation is available until expended.

$100,000 is appropriated in fiscal year 1996 for a grant to Morrison county to address the problem of water flow along the easterly shoreline of the Mississippi river near Highway 10 in Morrison county. This funding is to be utilized by the St. Anthony Falls laboratory of the University of Minnesota to conduct a comprehensive analysis of what is causing the accelerated sedimentation in the river, and how the problem can best be resolved.

$28,000 is appropriated in fiscal year 1996 for a grant to the city of Warren in Marshall county to construct two dams on the Snake river within the city of Warren in Marshall county.

$50,000 is appropriated in fiscal year 1996 to be administered through region six, for the greenway corridors and natural areas project. The appropriation must be used to develop a strategy to protect and manage greenway corridors and significant natural areas in the seven-county metropolitan area.

$850,000 is appropriated from the all-terrain vehicle account in the natural resources fund to plan, acquire, develop, and operate the Iron Range off-highway vehicle recreation area and to conduct the feasibility study, to be available until June 30, 1998.

$425,000 is appropriated from the off-road vehicle account in the natural resources fund to the all-terrain vehicle account in the natural resources fund, to be transferred in one or more installments before July 1, 1998.

$85,000 is appropriated from the off-highway motorcycle account in the natural resources fund to the all-terrain vehicle account in the natural resources fund, to be transferred in one or more installments before July 1, 1998.

Sec. 4. AGRICULTURE 550,000 -0-

$50,000 is appropriated in fiscal year 1996 for a grant to the Passing on the Farm Center under Minnesota Statutes, section 17.985. This appropriation is available only to the extent it is matched by nonstate money.

$75,000 is appropriated in fiscal year 1996 for a grant to the central lakes agricultural center for continuation and expansion of a research project on potato blight.

$300,000 is appropriated in fiscal year 1996 for grants to local units of government for statewide beaver damage control. $150,000 of the $300,000 is for a grant to the beaver damage control joint powers board formed by the counties of Beltrami, Clearwater, Marshall, Pennington, Polk, Red Lake, Mahnomen, Norman, Becker, Hubbard, Itasca, Kittson, Koochiching, St. Louis, Roseau, and Lake of the Woods for the purpose of beaver damage control. The grant must be matched by at least $80,000 from the joint powers board. The joint powers board may enter into an agreement with the Red Lake Band of Chippewa Indians for participation by the band in the joint powers board's beaver damage control program.

$50,000 is appropriated in fiscal year 1996 for research and development of best management practices for the production of alfalfa, development of alfalfa varieties that possess optimal energy and protein-value characteristics, and the development of value-added alfalfa products. The commissioner of agriculture shall accomplish the purposes of this appropriation through a collaborative effort that includes the participation of the University of Minnesota, the Agricultural Utilization Research Institute and other appropriate public and private organizations.

$75,000 is appropriated in fiscal year 1996 to develop and promote integrated pest management in an urban environment. The urban integrated pest management development and promotion program must be coordinated with metropolitan state university.

Sec. 5. BOARD OF WATER AND SOIL RESOURCES 100,000 -0-

$100,000 is appropriated in fiscal year 1996 for a grant for payment of administrative purposes and expenses of the Minnesota river basin joint powers board, to be available until June 30, 1997. The appropriation is contingent on the joint powers board providing a $75,000 match for the grant to be used for projects that will involve all counties along the Minnesota river basin.

Sec. 6. ENVIRONMENTAL QUALITY BOARD 20,000 -0-

$20,000 is appropriated in fiscal year 1996 for the environmental justice study.

Sec. 7. MINNESOTA RESOURCES

Subdivision 1. Total Appropriation 4,385,000

Summary by Fund

Minnesota Future Resources

-0- 2,755,000

Environment and Natural Resources Trust

-0- 1,630,000

Unless otherwise provided, the amounts in this section are available until December 31, 1997, when projects must be completed and final products delivered.

Subd. 2. Definitions

(a) "Future resource fund" means the Minnesota future resources fund in Minnesota Statutes, section 116P.l3

(b) "Trust Fund" means the Minnesota environment and natural resources trust fund in Minnesota Statutes, section 116P.02, subdivision 6.

Subd. 3. Parks and Trails

(a) Metropolitan Regional Park System 1,000,000

This appropriation is from the future resources fund for payment by the commissioner of natural resources to the metropolitan council for subgrants to rehabilitate, develop, acquire, and retrofit the metropolitan regional park system consistent with the metropolitan council regional recreation open space capital improvement program.

This appropriation may be used for the purchase of homes only if the purchases are expressly included in the work program approved by the legislative commission on Minnesota resources.

(b) State Park and Recreation Area Acquisition 1,000,000

This appropriation is from the trust fund to the commissioner of natural resources for acquisition of land within the statutory boundaries of state parks and recreation areas.

(c) Local Grants 895,000

This appropriation is from the future resources fund to the commissioner of natural resources to provide matching grants to local units of government for local park and recreation areas,

including trail linkages between communities, trails, and parks. In addition to the required work program, grants may not be approved until grant proposals to be funded have been submitted to the legislative commission on Minnesota resources, and the commission has either made a recommendation or allowed 60 days to pass without making a recommendation. The above appropriations are available half for the seven-county metropolitan area and half for outside the metropolitan area. For the purposes of this paragraph, match includes nonstate contributions in either cash or in-kind.

Subd. 4. Management Approaches

Upper Mississippi River Assessment Project 57,000

This appropriation is from the future resources fund to the commissioner of natural resources to assist the evaluation of the economic and environmental sustainability of the upper Mississippi river.

Subd. 5. Natural Resource Data

Public Internet Access to Data and Information 360,000

This appropriation is from the future resources fund to the commissioner of natural resources for a joint project with the pollution control agency to provide public access via the internet to natural resource, environmental, and ecosystem data and information.

Subd. 6. Wildlife

(a) RIM - Accelerate Critical Habitat Match Program 750,000

$630,000 of this appropriation is from the environment and natural resources trust fund and $120,000 is from the future resources fund to the commissioner of natural resources to acquire and improve critical habitat for game and nongame fish, wildlife, and native plants under Minnesota Statutes, section 84.943. Projects must occur in both urban and rural areas.

(b) Investigation of deformed frogs in Minnesota 123,000

This appropriation is from the future resources fund to the commissioner of the pollution control agency to investigate the health of frog populations and evaluate the causes of frog deformities.

(c) Niemackl Watershed Improvement 200,000

This appropriation is from the future resources fund to the commissioner of natural resources to continue the restoration of the Niemackl watershed by improvement of water quality, flood reduction, fish and wildlife habitat, and recreation through citizen participation with federal, state and local governments, and nongovernment agencies.

Subd. 7. Project Requirements

It is a condition of acceptance of the appropriations in this section that any agency or entity receiving the appropriation must comply with Minnesota Statutes, chapter 116P, and Laws 1995, chapter 220, section 19, subdivisions 17, 18, and 20.

Subd. 8. Carryforward

The availability of the appropriations for the following projects is extended to December 31, 1997, when projects must be completed and final products delivered: Laws 1995, chapter 220, section 19, subdivision 5, paragraph (g), mercury deposition and lake quality trends; Laws 1994, chapter 632, article 2, section 6, Silver Bay harbor; and Laws 1993, chapter 172, section 14, subdivision 10, paragraph (o), Lake Superior safe harbors-continuation.

Sec. 8. Minnesota Statutes 1994, section 17.117, subdivision 3, is amended to read:

Subd. 3. [APPROPRIATIONS.] Up to $20,000,000 $40,000,000 of the balance in the water pollution control revolving fund in section 446A.07, as determined by the public facilities authority, is appropriated to the commissioner for the establishment of this program.

Sec. 9. Minnesota Statutes 1994, section 18E.02, subdivision 5, is amended to read:

Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:

(1) a responsible party or an owner of real property, but does not include the state, a state agency, a political subdivision of the state, except as provided in clause (2), the federal government, or an agency of the federal government; or

(2) the owners of municipal airports at Perham, Madison, and Hector, Minnesota where a licensed aerial pesticide applicator has caused an incident through storage, handling, or distribution operations for agricultural chemicals if (i) the commissioner has determined that corrective action is necessary and (ii) the commissioner determines, and the agricultural chemical response compensation board concurs, that based on an affirmative showing made by the owner, a responsible party cannot be identified or the identified responsible party is unable to comply with an order for corrective action.; or

The commissioner and the agricultural chemical response compensation board must study and report to the legislative water commission by January, 1994, the effect on the agricultural chemical response and reimbursement account of including other owners of municipal airports as eligible persons under this chapter.

(3) other persons who are not a responsible party or owner of real property who voluntarily take corrective action to incidents in response to a commissioner's request for corrective action or a corrective action order of the commissioner of agriculture.

Sec. 10. [21.901] [BRAND NAME REGISTRATION.]

The owner or originator of a variety of nonhybrid seed that is to be sold in Minnesota must annually register the variety with the commissioner if the variety is to be sold only under a brand name. The registration must include the brand name and the variety of seed. The brand name for a blend or mixture does not need to be registered.

The commissioner shall set the amount of the fee for registration of a brand name under this section.

Sec. 11. Minnesota Statutes 1995 Supplement, section 28A.03, is amended to read:

28A.03 [DEFINITIONS.]

As used in Subdivision 1. [SCOPE.] The definitions in this section apply to sections 28A.01 to 28A.16 the terms defined in this section shall have the following meanings:.

(a) Subd. 2. [COMMISSIONER.] "Commissioner" means the commissioner of agriculture of the state of Minnesota.

(b) Subd. 3. [PERSON.] "Person" means any individual, firm, corporation, company, association, cooperative, or partnership and includes any trustee, receiver, assignee, or other similar representative thereof.

(c) Subd. 4. [PLACE OF BUSINESS.] "Place of business" means every location where food or food items are manufactured, processed, sold, stored, or handled, including buildings, locations, permanent or portable structures, carnivals, circuses, fairs, or any other permanent or temporary location.

Any vehicle or similar mobile unit from which food is sold shall be considered a place of business for purposes of this section if the food therefrom has been manufactured, packaged or dispensed from bulk, or processed in any manner thereon.

(d) Subd. 5. [FOOD.] "Food" includes every article used for, entering into the consumption of, or used or intended for use in the preparation of food, drink, confectionery, or condiment for humans, whether simple, mixed or compound.

(1) (a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh vegetables, and other products which need protection from extremes of temperatures in order to avoid decomposition by microbial growth or otherwise.

(2) (b) "Readily perishable food" is food or a food ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient which is capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

(3) (c) "Frozen food" is food which is processed and preserved by freezing in accordance with good commercial practices and which is intended to be sold in the frozen state.

(4) (d) For the purposes of this definition, packaged food in hermetically sealed containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and condiments in sealed containers; bakery products such as bread, rolls, buns, donuts, fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in moisture content as to preclude development of microorganisms are not "perishable food," "readily perishable food," or "frozen food" within the meaning of definitions (1), (2) and (3) herein paragraphs (a), (b), and (c), when they are stored and handled in accordance with good commercial practices.

(e) "Nonperishable food" is food described in paragraph (d) with a shelf life of more than 90 days.

(e) Subd. 6. [SELL; SALE.] "Sell" and "sale" includes include the keeping, offering, or exposing for sale, use, transporting, transferring, negotiating, soliciting, or exchange of food, the having in possession with intent to sell, use, transport, negotiate, solicit, or exchange the same and the storing, or carrying thereof in aid of traffic therein whether done or permitted in person or through others.

(f) Subd. 7. [PRINCIPAL MODE OF BUSINESS.] "Principal mode of business" means that type of business described under either paragraph (a), (b), (c) or (d) in section 28A.05 within which category the greatest amount of the applicant's food business lies.

(g) Subd. 8. [CUSTOM PROCESSOR.] "Custom processor" means a person who slaughters animals or processes noninspected meat for the owner of the animals, and returns the meat products derived from the slaughter or processing to the owner. "Custom processor" does not include a person who slaughters animals or poultry or processes meat for the owner of the animals or poultry on the farm or premises of the owner of the animals, meat, or poultry. For the purpose of this clause, "animals" or "meat" do not include poultry or game animals or meat derived therefrom.

(h) Subd. 9. [MAJOR VIOLATIONS.] "Major violation" includes conditions that cause food products to become adulterated, as defined in section 31.121, or fraudulently misbranded, as defined in section 31.123.

Sec. 12. Minnesota Statutes 1994, section 28A.04, subdivision 1, is amended to read:

Subdivision 1. [APPLICATION; DATE OF ISSUANCE.] No person shall engage in the business of manufacturing, processing, selling, handling, or storing food without having first obtained from the commissioner a license for doing such business. Applications for such license shall be made to the commissioner in such manner and time as required and upon such forms as provided by the commissioner and shall contain the name and address of the applicant, address or description of each place of business, and the nature of the business to be conducted at each place, and such other pertinent information as the commissioner may require.

A retail or wholesale food handler license shall be issued for the period July 1 to June 30 following and shall be renewed thereafter by the licensee on or before July 1 each year, except that licenses for all mobile food concession units and retail mobile units shall be issued for the period April 1 to March 31, starting with the period April 1, 1997, and shall be renewed thereafter by the licensee on or before April 1 each year. License fees for the nine-month period July 1, 1996, to March 31, 1997, for mobile food concession and retail mobile units will be prorated at 75 percent of the fee schedule in effect on July 1, 1996, rounded to the nearest dollar. A license for a food broker or for a food processor or manufacturer shall be issued for the period January 1 to December 31 following and shall be renewed thereafter by the licensee on or before January 1 of each year. A penalty for a late renewal shall be assessed in accordance with section 28A.08.

Sec. 13. Minnesota Statutes 1995 Supplement, section 28A.08, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] License fees, penalties for late renewal of licenses, and penalties for not obtaining a license before conducting business in food handling that are set in this section apply to the sections named except as provided under section 28A.09. Except as specified herein, bonds and assessments based on number of units operated or volume handled or processed which are provided for in said laws shall not be affected, nor shall any penalties for late payment of said assessments, nor shall inspection fees, be affected by this chapter. The penalties may be waived by the commissioner. Fees for all new licenses must be based on the anticipated future gross annual food sales.

Sec. 14. Minnesota Statutes 1994, section 28A.09, subdivision 1, is amended to read:

Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every coin-operated food vending machine is subject to an annual state inspection fee of $15 for each nonexempt machine except nut vending machines which are subject to an annual state inspection fee of $5 for each machine, provided that:

(a) Food vending machines may be inspected by either a home rule charter or statutory city, or a county, but not both, and if inspected by a home rule charter or statutory city, or a county they shall not be subject to the state inspection fee, but the home rule charter or statutory city, or the county may impose an inspection or license fee of no more than the state inspection fee. A home rule charter or statutory city or county that does not inspect food vending machines shall not impose a food vending machine inspection or license fee.

(b) Vending machines dispensing only gum balls, hard candy, unsorted confections candy, or ice manufactured and packaged by another shall be exempt from the state inspection fee, but may be inspected by the state. A home rule charter or statutory city may impose by ordinance an inspection or license fee of no more than the state inspection fee for nonexempt machines on the vending machines described in this paragraph. A county may impose by ordinance an inspection or license fee of no more than the state inspection fee for nonexempt machines on the vending machines described in this paragraph which are not located in a home rule charter or statutory city.

(c) Vending machines dispensing only bottled or canned soft drinks are exempt from the state, home rule charter or statutory city, and county inspection fees, but may be inspected by the commissioner or the commissioner's designee.

Sec. 15. Minnesota Statutes 1994, section 28A.15, subdivision 7, is amended to read:

Subd. 7. Persons whose principal business is not food handling but who sell only ice manufactured and prepackaged by another or such nonperishable items as bottled or canned soft drinks, and prepackaged confections candy or nuts at retail, or persons who for their own convenience or the convenience of their employees have available for rehydration and consumption on the premises such nonperishable items as dehydrated coffee, soup, hot chocolate or other dehydrated food or beverage.

Sec. 16. Minnesota Statutes 1994, section 28A.15, subdivision 8, is amended to read:

Subd. 8. A licensed pharmacy selling only food additives, food supplements, canned or prepackaged infant formulae, ice manufactured and packaged by another, or such nonperishable food items as bottled or canned soft drinks and prepackaged confections candy or nuts at retail.

Sec. 17. Minnesota Statutes 1994, section 28A.15, is amended by adding a subdivision to read:

Subd. 9. An individual who prepares and sells food that is not potentially hazardous food as defined in Minnesota Rules, part 1547.0002, subpart 16, at a community event or farmer's market on ten or fewer days in a calendar year and with gross receipts of $1,000 or less in a calendar year. If food is prepared in a kitchen that is not licensed or inspected, the seller must post a visible sign or placard stating that: "These products are homemade and not inspected." This exclusion applies only when the places of preparation and sale are in an unincorporated area or statutory or home rule charter city or town with a population of 25,000 or less.

Sec. 18. Minnesota Statutes 1994, section 28A.16, is amended to read:

28A.16 [PERSONS SELLING LIQUOR.]

The provisions of the Minnesota consolidated food licensing law, sections 28A.01 to 28A.16 and acts amendatory thereto, shall not apply to persons licensed to sell 3.2 percent malt liquor "on-sale" as provided in section 340A.403, or to persons licensed to sell intoxicating liquors "on-sale" or "off-sale" as provided in sections 340A.404 to 340A.407, provided that these persons sell only ice manufactured and packaged by another, or such nonperishable food items as bottled or canned soft drinks and prepacked confections candy at retail.

Sec. 19. Minnesota Statutes 1994, section 28A.17, is amended to read:

28A.17 [LICENSE RENEWAL.]

Licenses for food processors or manufacturers or food brokers shall be renewed annually on January 1. Licenses for retail and wholesale food handlers shall be renewed annually on July 1. Licenses for retail state and county fair licenses for mobile food concessions and for retail mobile units shall be renewed annually on April 1, effective on April 1, 1997.

Sec. 20. Minnesota Statutes 1994, section 85.015, is amended by adding a subdivision to read:

Subd. 19. [BLAZING STAR TRAIL, FREEBORN AND MOWER COUNTIES.] (a) The trail shall originate in the city of Albert Lea and extend to the city of Austin.

(b) The trail shall be developed primarily for hiking and nonmotorized riding.

Sec. 21. Minnesota Statutes 1995 Supplement, section 85.019, subdivision 4a, is amended to read:

Subd. 4a. [NATURAL AND SCENIC AREAS.] The commissioner shall administer a program to provide grants to units of government and school districts for the acquisition and betterment of natural and scenic areas such as blufflands, prairies, shorelands, wetlands, and wooded areas. A grant may not exceed 50 percent or $50,000 $200,000, whichever is less, of the costs of acquisition and betterment of land acquired under this subdivision.

Sec. 22. Minnesota Statutes 1994, section 85.054, is amended by adding a subdivision to read:

Subd. 6. [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.] At the Iron Range off-highway vehicle recreation area, a state park permit is not required for a user's vehicle and a fee may not be charged of a user if the user's all-terrain vehicle, off-highway motorcycle, or off-road vehicle is properly registered in accordance with chapter 84. Notwithstanding this provision, the commissioner may establish special event fees.

Sec. 23. Minnesota Statutes 1994, section 97A.028, subdivision 3, is amended to read:

Subd. 3. [EMERGENCY DETERRENT MATERIALS ASSISTANCE.] (a) For the purposes of this subdivision, "cooperative damage management agreement" means an agreement between a landowner and the commissioner that establishes a program for addressing the problem of destruction of specialty crops by wild animals on the landowner's property.

(b) A person may apply to the commissioner for emergency deterrent materials assistance in controlling destruction of specialty crops by wild animals. Subject to the availability of money appropriated for this purpose, the commissioner shall provide suitable deterrent materials, up to $3,000 in value per individual or corporation, when the commissioner determines that:

(1) immediate action is necessary to prevent significant damage from continuing; and

(2) a cooperative damage management agreement cannot be implemented immediately.

(c) A person may receive emergency deterrent materials assistance under this subdivision more than once, but the cumulative total value of deterrent materials provided to a single person may not exceed $3,000.

(d) As a condition of receiving emergency deterrent materials assistance under this subdivision, a landowner shall enter into a cooperative damage management agreement with the commissioner. Deterrent materials provided by the commissioner may include repellents, fencing materials, or other materials recommended in the agreement to alleviate the damage problem. If requested by a landowner, any fencing materials provided must be capable of providing long-term protection of specialty crops. A landowner may not receive emergency deterrent materials assistance under this subdivision more than once. A landowner who receives emergency deterrent materials assistance under this subdivision shall comply with the terms of the cooperative damage management agreement.

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

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

Sec. 25. [103F.378] [MINNESOTA RIVER BASIN JOINT POWERS BOARD.]

Subdivision 1. [ESTABLISHMENT.] A Minnesota river basin joint powers board is established under section 471.59 for the purpose of coordinating cleanup efforts in the Minnesota river and achieving the goal of making the Minnesota river suitable for fishing and swimming by the year 2005.

Subd. 2. [DUTIES.] The joint powers board has the following duties:

(1) coordination of comprehensive cleanup goals for the Minnesota river by integrating the work plans of the 12 major watersheds and the member counties of the joint powers board, state agencies, and the University of Minnesota in cleanup efforts and submission of periodic river cleanup plans for submission to the governor and the legislature;

(2) advising on the development and use of monitoring and evaluation systems in the Minnesota river and the incorporation of the data obtained from these systems into the planning process;

(3) conducting public meetings of the board on at least a quarterly basis at locations within the Minnesota river basin;

(4) conducting an ongoing information and education program concerning the status of the Minnesota river, including an annual conference on the state of the Minnesota river; and

(5) providing periodic reports and budget requests to the governor's office regarding progress on meeting river cleanup goals and future funding required for this effort.

Subd. 3. [MEMBERSHIP.] Upon acceptance of the joint powers agreement, each member county that agrees to join the board shall have one county commissioner as its delegate to the board and one county commissioner as an alternate. A technical advisory committee shall be established to advise the board consisting of a technical representative from each of the counties in the basin and citizens who are not county employees but who have expertise in agriculture, conservation, and other relevant areas of expertise as determined by the board.

Sec. 26. Minnesota Statutes 1995 Supplement, section 103F.725, subdivision 1a, is amended to read:

Subd. 1a. [FINANCIAL ASSISTANCE; LOANS.] (a) Up to $12,000,000 $24,000,000 of the balance in the water pollution control revolving fund in section 446A.07, as determined by the public facilities authority shall be appropriated to the commissioner for the establishment of a clean water partnership loan program.

(b) The agency may award loans for up to 100 percent of the costs associated with activities identified by the agency as best management practices pursuant to section 319 and section 320 of the federal Water Quality Act of 1987, as amended, including associated administrative costs.

(c) Loans may be used to finance clean water partnership grant project eligible costs not funded by grant assistance.

(d) The interest rate, at or below market rate, and the term, not to exceed 20 years, shall be determined by the agency in consultation with the public facilities authority.

(e) The repayment must be deposited in the water pollution control revolving fund under section 446A.07.

(f) The local unit of government receiving the loan is responsible for repayment of the loan.

(g) For the purpose of obtaining a loan from the agency, a local government unit may provide to the agency its general obligation note. All obligations incurred by a local government unit in obtaining a loan from the agency must be in accordance with chapter 475, except that so long as the obligations are issued to evidence a loan from the agency to the local government unit, an election is not required to authorize the obligations issued, and the amount of the obligations shall not be included in determining the net indebtedness of the local government unit under the provisions of any law or chapter limiting the indebtedness.

Sec. 27. Minnesota Statutes 1994, section 103G.405, is amended to read:

103G.405 [WATER LEVEL CONTROL FOR LANDLOCKED LAKES.]

(a) The commissioner must issue a water level control permit to establish the permit applicant's requested control elevations elevation for a landlocked lakes up to three feet lake below the ordinary high water level for the lake if:

(1) the commissioner finds that:

(i) the control is necessary to prevent flooding of homesteads adverse impacts to the lake or adjoining property;

(2) (ii) other reasonable or cost-effective alternatives are not available; and

(3) a change in the control elevation is prescribed in an approved stormwater plan under section 103B.235.

(iii) natural resource or hydrologic conditions exist in the watershed that would limit the potential for continuous discharge of excess waters from the lake;

(2) the outlet and discharge of excess waters is addressed in an approved water management plan under chapter 103B or 103D; and

(3) the permit is approved by the lake improvement district, if one exists, and by the entities on which the permit application is required to be served under section 103G.301, subdivision 6.

Sec. 28. Minnesota Statutes 1995 Supplement, section 446A.07, subdivision 8, is amended to read:

Subd. 8. [OTHER USES OF REVOLVING FUND.] The water pollution control revolving fund may be used as provided in title VI of the Federal Water Pollution Control Act, including the following uses:

(1) to buy or refinance the debt obligation of governmental units for treatment works where debt was incurred and construction begun after March 7, 1985, at or below market rates;

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

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

(4) to provide loan guarantees, loans, or set-aside for similar revolving funds established by a governmental unit other than state agencies, or state agencies under sections 17.117, 103F.725, subdivision 1a, 116J.403, and 116J.617; provided that no more than $2,000,000 $4,000,000 of the balance in the fund may be used for the small cities block grant program under section 116J.403 and the tourism loan program under section 116J.617, taken together;

(5) to earn interest on fund accounts; and

(6) to pay the reasonable costs incurred by the authority and the agency of administering the fund and conducting activities required under the federal Water Pollution Control Act, including water quality management planning under section 205(j) of the act and water quality standards continuing planning under section 303(e) of the act.

Amounts spent under clause (6) may not exceed the amount allowed under the Federal Water Pollution Control Act.

Sec. 29. Minnesota Statutes 1994, section 500.221, subdivision 2, is amended to read:

Subd. 2. [ALIENS AND NON-AMERICAN CORPORATIONS.] Except as hereinafter provided, no natural person shall acquire directly or indirectly any interest in agricultural land unless the person is a citizen of the United States or a permanent resident alien of the United States. In addition to the restrictions in section 500.24, no corporation, partnership, limited partnership, trustee, or other business entity shall directly or indirectly, acquire or otherwise obtain any interest, whether legal, beneficial or otherwise, in any title to agricultural land unless at least 80 percent of each class of stock issued and outstanding or 80 percent of the ultimate beneficial interest of the entity is held directly or indirectly by citizens of the United States or permanent resident aliens. This section shall not apply:

(1) to agricultural land that may be acquired by devise, inheritance, as security for indebtedness, by process of law in the collection of debts, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise. All agricultural land acquired in the collection of debts or by the enforcement of a lien or claim shall be disposed of within three years after acquiring ownership;

(2) to citizens or subjects of a foreign country whose rights to hold land are secured by treaty;

(3) to lands used for transportation purposes by a common carrier, as defined in section 218.011, subdivision 2;

(4) to lands or interests in lands acquired for use in connection with (i) the production of timber and forestry products by a corporation organized under the laws of Minnesota, the majority of shares of which were acquired by a foreign person prior to May 27, 1981, or (ii) mining and mineral processing operations. Pending the development of agricultural land for mining purposes the land may not be used for farming except under lease to a family farm, a family farm corporation or an authorized farm corporation;

(5) to agricultural land operated for research or experimental purposes if the ownership of the agricultural land is incidental to the research or experimental objectives of the person or business entity and the total acreage owned by the person or business entity does not exceed the acreage owned on May 27, 1977;

(6) to the purchase of any tract of 40 acres or less for facilities incidental to pipeline operation by a company operating a pipeline as defined in section 116I.01, subdivision 3; or

(7) to agricultural land and land capable of being used as farmland in vegetable processing operations that is reasonably necessary to meet the requirements of pollution control law or rules.

Sec. 30. Laws 1995, chapter 220, section 5, subdivision 10, is amended to read:

Subd. 10. Integrated Resource Management Pilot Project

373,000 373,000

The commissioner of natural resources shall develop a pilot project for implementation of a sustainable, multiple-use natural resources management system, including budgeting, that is based on appropriate natural resource management boundaries. In developing the project, the commissioner shall include hunting, fishing, outdoor recreation, agriculture, and other interested groups. The commissioner shall coordinate project activities with activities of the pollution control agency, the board of water and soil resources, the department of agriculture, the department of health, and local governmental units. $173,000 each year is for community environmental assistance. $200,000 each year is for geographic information system implementation.

Six members of the legislature may serve as liaisons between the legislature and the commissioner in the development of the pilot project. The chairs of the senate environment and natural resources committee and the finance division of the committee may jointly appoint three members of the senate to act as liaisons, at least one of whom must be a member of the minority caucus. The chairs of the house environment and natural resources committee and the environment and natural resources finance committee may jointly appoint three members of the house to act as liaisons, at least one of whom must be a member of the minority caucus. Legislative staff may, at the direction of the legislative liaisons, participate in the development of the pilot project.

The commissioner shall submit a preliminary plan by November 15, 1995, and a final plan by February 15, 1996, to the senate environment and natural resources finance division and the house environment and natural resources finance committee. The preliminary and final plans must include any plans of the commissioner to transfer personnel to the regions in which the pilot project is to be implemented.

Of the amounts appropriated in this section, none of the money for fiscal year 1997 for activities in regions 4 and 5 may be spent until the final plan for the pilot project has been approved by the legislature.

Nothing in this subdivision alters any restrictions in law relating to allowed uses of revenues credited to the general, game and fish, and natural resources funds.

Sec. 31. Laws 1995, chapter 220, section 19, subdivision 4, is amended to read:

Subd. 4. Parks and Trails

(a) METROPOLITAN REGIONAL PARK SYSTEM 3,950,000

This appropriation is from the trust fund for payment by the commissioner of natural resources to the metropolitan council for subgrants to rehabilitate, develop, acquire, and retrofit the metropolitan regional park system consistent with the metropolitan council regional recreation open space capital improvement program and subgrants for regional trails, consistent with an updated regional trail plan. $1,666,000 of this appropriation is from the trust fund acceleration.

This appropriation may be used for the purchase of homes only if the purchases are expressly included in the work program approved by the legislative commission on Minnesota resources.

This project must be completed and final products delivered by December 31, 1997, and the appropriation is available until that date.

(b) STATE PARK AND RECREATION AREA ACQUISITION,

DEVELOPMENT, BETTERMENT, AND REHABILITATION 3,150,000

This appropriation is from the trust fund to the commissioner of natural resources as follows: (1) for state park and recreation area acquisition $1,070,000, of which up to $670,000 may be used for state trail acquisition of a critical nature; (2) for state park and recreation area development $680,000; and (3) for betterment and rehabilitation of state parks and recreation areas $1,400,000. The use of the Minnesota conservation corps is encouraged in the rehabilitation and development.

$1,384,000 of this appropriation is from the trust fund acceleration. The commissioner must submit grant requests for supplemental funding for federal ISTEA money in eligible categories and report the results to the legislative commission on Minnesota resources.

This project must be completed and final products delivered by December 31, 1997, and the appropriation is available until that date.

(c) STATE TRAIL REHABILITATION AND ACQUISITION 250,000

This appropriation is from the trust fund to the commissioner of natural resources for state trail plan priorities. $94,000 of this appropriation is from the trust fund acceleration. The commissioner must submit grant requests for supplemental funding for federal ISTEA money and report the results to the legislative commission on Minnesota resources.

This project must be completed and final products delivered by December 31, 1997, and the appropriation is available until that date.

(d) WATER ACCESS 600,000

This appropriation is from the trust fund to the commissioner of natural resources to accelerate public water access acquisition and development statewide. Access includes boating access, fishing piers, and shoreline access. Up to $100,000 of this appropriation may be used for a cooperative project to acquire and develop land, local park facilities, an access trail, and a boat access at the LaRue pit otherwise consistent with the water access program.

This project must be completed and final products delivered by December 31, 1997, and the appropriation is available until that date.

(e) LOCAL GRANTS 1,800,000

This appropriation is from the future resources fund to the commissioner of natural resources to provide matching grants, as follows: (1) $500,000 to local units of government for local park and recreation areas; (2) $500,000 to local units of government for natural and scenic areas pursuant to Minnesota Statutes, section 85.019; (3) $400,000 to local units of government for trail linkages between communities, trails, and parks; and (4) $400,000 for a conservation partners program, a statewide pilot to encourage private organizations and local governments to cost share enhancement of fish, wildlife, and native plant habitats; and research and surveys of fish and wildlife, and related education activities. Conservation partners grants may be up to $10,000 each and must be equally matched. In addition to the required work program, grants may not be approved until grant proposals to be funded have been submitted to the legislative commission on Minnesota resources and the commission has either made a recommendation or allowed 60 days to pass without making a recommendation. The above appropriations are available half for the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, and half for outside of the metropolitan area. For the purpose of this paragraph, match includes nonstate contributions either cash or in-kind.

This project must be completed and final products delivered by December 31, 1997, and the appropriation is available until that date.

(f) MINNEAPOLIS PARK AND TRAIL CONNECTIONS 141,000

This appropriation is from the future resources fund to the commissioner of transportation for half of the nonfederal match of ISTEA projects for the Minneapolis park and recreation board to develop park and trail connections including: Minnehaha park to Mendota bridge, Stone Arch bridge to bridge number 9 on West River Parkway, Boom island to St. Anthony Parkway, and West River Parkway to Shingle Creek Parkway. The Minneapolis park and recreation board must apply for and receive approval of the federal money in order to receive this appropriation.

This project must be completed and final products delivered by December 31, 1997, and the appropriation is available until that date.

(g) LOCAL SHARE FOR ISTEA FEDERAL PROJECTS 300,000

This appropriation is from oil overcharge money to the commissioner of administration for half of the nonfederal match of ISTEA projects for: (1) Chisago county, $150,000 for a trail between North Branch and Forest Lake township; and (2) the St. Louis and Lake counties regional rail authority, $150,000 for the development of approximately 40 miles of a multipurpose recreational trail system. Chisago county and the St. Louis and Lake counties regional rail authority must apply for and receive approval of the federal money in order to receive these appropriations.

This project must be completed and final products delivered by December 31, 1997 1999, and the appropriation is available until that date.

(h) PINE POINT PARK REST STATION 100,000

This appropriation is from the future resources fund to the commissioner of natural resources for an agreement with Washington county to construct a rest station on the Gateway segment of the Willard Munger state trail in compliance with the Americans with Disabilities Act. This appropriation must be matched by at least $30,000 of nonstate money.

(i) INTERACTIVE MULTIMEDIA COMPUTER INFORMATION SYSTEM 45,000

This appropriation is from the future resources fund to the commissioner of trade and economic development, office of tourism, for an agreement with Explore Lake County, Inc. to develop a pilot multimedia interactive computer information system at the R. J. Houle visitor information center.

(j) UPPER SIOUX AGENCY STATE PARK 200,000

This appropriation to the commissioner of natural resources is from the future resources fund for bathroom and shower facilities at Upper Sioux Agency State Park.

(k) GRAIN BELT MISSISSIPPI RIVERFRONT DEVELOPMENT 500,000

This appropriation is from the future resources fund to the commissioner of natural resources for a contract with the metropolitan council for a subgrant to the Minneapolis park and recreation board, which shall cooperate with the Minneapolis

community development agency to create riverfront recreational park and marina facilities through acquisition and development of Mississippi riverfront property. This appropriation is contingent on this facility being designated part of the metropolitan regional park and open space system. This appropriation is also contingent on the Guthrie theater's occupancy of the Grain Belt Brewery.

(l) WILDCAT REGIONAL PARK 40,000

This appropriation is from the future resources fund to the commissioner of natural resources for an agreement with Houston county to construct an off-channel boat ramp on the Mississippi River, and wingwalls to protect the ramp and existing swimming beach.

Sec. 32. Laws 1995, chapter 220, section 19, subdivision 19, is amended to read:

Subd. 19. Carryforward

(a) Except as provided in paragraph (b), the availability of the appropriations for the following projects is extended to December 31, 1995; on that date the appropriations cancel and no further payment is authorized:, when projects must be completed and final products delivered: Laws 1993, chapter 172, section 14, subdivisions 3, paragraphs (a), (f), and (i); 6, paragraph (b); 9; 10, paragraphs (a), (c), (g), (p), (q), and (r); and 12, paragraphs (a), (b), (c), (h), (j), and (l).

(b) The availability of the appropriations for the following projects is extended to December 31, 1996; on that date the appropriations cancel and no further payment is authorized:, when projects must be completed and final products delivered: (1) Laws 1993, chapter 172, section 14, subdivisions 3, paragraph (c); 4, paragraph (e); 10, paragraphs (d), (f), and (o); 12, paragraphs (f) and (g); in subdivision 10, paragraph (b), the Bloomington East and West Bush Lake picnic areas; and, in subdivision 10, paragraph (c), Cedar Lake trail development and the Dakota North regional trail in South St. Paul; and (2) Laws 1994, chapter 632, article 2, section 6, local recreation grants and Silver Bay harbor.

Sec. 33. [OFF-HIGHWAY VEHICLE RECREATION AREA.]

Subdivision 1. [DEFINITION.] For purposes of this section, "off-highway vehicle" means an all-terrain vehicle, an off-highway motorcycle, or an off-road vehicle as those terms are defined in Minnesota Statutes, chapter 84.

Subd. 2. [85.013] [Subd. 12a.] [IRON RANGE OFF-HIGHWAY VEHICLE RECREATION AREA.] The Iron Range off-highway vehicle recreation area is established in St. Louis county.

Subd. 3. [ACQUISITION AND MANAGEMENT.] The commissioner of natural resources is authorized to acquire by gift or purchase the lands for the Iron Range off-highway vehicle recreation area. The commissioner shall manage the unit as a state recreation area as provided by Minnesota Statutes, section 86A.05, subdivision 3. The commissioner or the commissioner's designee in the trails and waterways division of the department of natural resources shall develop and manage the area for off-highway vehicle recreational use.

Subd. 4. [ADVISORY COMMITTEE.] (a) A local area advisory committee is established to provide direction on the establishment, planning, development, and operation of the Iron Range off-highway vehicle recreation area.

(b) Membership on the advisory committee shall include:

(1) a representative of the all-terrain vehicle association of Minnesota;

(2) a representative of the amateur riders of motorcycles association;

(3) a representative of the Minnesota four-wheel drive association;

(4) a representative of the St. Louis county board;

(5) a state representative appointed by the speaker of the house of representatives;

(6) a state senator appointed by the senate committee on committees;

(7) a designee of the local environmental community selected by the area environmental organizations;

(8) a designee of the local tourism community selected by the iron trail convention and visitors bureau; and

(9) a representative of the Tower regional office of the department of natural resources.

(c) The advisory committee shall elect its own chair and meetings shall be at the call of the chair.

(d) The advisory committee members shall serve as volunteers and accept no per diem.

Subd. 5. [MANAGEMENT PLAN.] The commissioner and the local area advisory committee shall cooperatively develop a comprehensive management plan that provides for:

(1) multiple use recreation for off-highway vehicles;

(2) protection of natural resources;

(3) limited timber management;

(4) land acquisition needs; and

(5) road and facility development.

The completed management plan shall serve as the master plan for purposes of section 86A.09.

Subd. 6. [BOUNDARIES.] The following described lands are located within the boundaries of the Iron Range off-highway vehicle recreation area:

That part of St. Louis county, Minnesota, lying within:

Section 25, Township 58 North, Range 17 West.

EXCEPT the North Half of the Northeast Quarter.

EXCEPT the Northwest Quarter.

EXCEPT the Northwest Quarter of the Southwest Quarter.

EXCEPT the Southwest Quarter of the Southwest Quarter lying north of the Duluth Missabe and Iron Range Railroad.

Section 26, Township 58 North, Range 17 West.

EXCEPT the Northeast Quarter.

EXCEPT the Northwest Quarter.

EXCEPT the Southwest Quarter.

EXCEPT the Southeast Quarter, 100 feet along the east side of the quarter.

Section 35, Township 58 North, Range 17 West.

EXCEPT the Northwest Quarter.

EXCEPT the Southwest Quarter.

EXCEPT the Southeast Quarter.

EXCEPT the West 970 feet of the Northeast Quarter of the Northeast Quarter.

EXCEPT the Northwest Quarter of the Northeast Quarter.

Section 36, Township 58 North, Range 17 West.

EXCEPT the Southeast Quarter of the Southwest Quarter.

Subd. 7. [ADOPT-A-RECREATION AREA.] The commissioner shall utilize Minnesota Statutes, section 85.045, as much as possible in developing and operating the Iron Range off-highway vehicle recreation area.

Subd. 8. [FEASIBILITY STUDY.] The trails and waterways division of the department of natural resources in consultation with the local area advisory committee shall conduct a study to identify additional sites to expand the Iron Range off-highway vehicle recreation area and to determine the feasibility of acquiring, developing, and connecting the sites.

Sec. 34. [ENVIRONMENTAL JUSTICE STUDY.]

(a) The environmental quality board shall study the issue of environmental justice, as the term is defined by the United States Environmental Protection Agency and as described in Executive Order No. 12898 issued February 11, 1994.

(b) As part of the study, the board must consult with the Asian-Pacific Minnesotans council, the council on Black Minnesotans, the Indian affairs council, the Spanish-speaking affairs council, the legislative commission on the economic status of women, the attorney general, the departments of human rights, trade and economic development, health, and agriculture, the pollution control agency, and appropriate business and labor groups.

(c) By January 1, 1997, the board must report the study to the house and senate environment and natural resources committees, and make recommendations on:

(1) the need for an environmental justice task force to advise the board;

(2) any statutory changes needed in Minnesota law to reflect environmental justice concerns; and

(3) the possibility of receiving technical and financial assistance grants for environmental justice concerns from public and private sources.

Sec. 35. [REPEALER.]

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

Sec. 36. [EFFECTIVE DATE.]

This act is effective on the day following final enactment except that section 23 is effective retroactively to July 1, 1993."

Delete the title and insert:

"A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; supplementing, reducing, and transferring earlier appropriations; regulating certain activities; amending Minnesota Statutes 1994, sections 17.117, subdivision 3; 18E.02, subdivision 5; 28A.04, subdivision 1; 28A.09, subdivision 1; 28A.15, subdivisions 7, 8, and by adding a subdivision;

28A.16; 28A.17; 85.015, by adding a subdivision; 85.054, by adding a subdivision; 97A.028, subdivision 3; 103D.345, by adding a subdivision; 103G.405; and 500.221, subdivision 2; Minnesota Statutes 1995 Supplement, sections 28A.03; 28A.08, subdivision 1; 85.019, subdivision 4a; 103F.725, subdivision 1a; and 446A.07, subdivision 8; Laws 1995, chapter 220, sections 5, subdivision 10; 19, subdivisions 4 and 19; proposing coding for new law in Minnesota Statutes, chapters 21; and 103F; repealing Minnesota Statutes 1995 Supplement, section 16A.125, subdivision 6a."

The motion prevailed and the amendment was adopted.

Osskopp moved to amend S. F. No. 2167, as amended, as follows:

Page 16, after line 20, insert:

"Sec. 24. Minnesota Statutes 1994, section 97A.061, subdivision 1, is amended to read:

Subdivision 1. [APPLICABILITY; AMOUNT.] (a) The commissioner shall annually make a payment to each county having public hunting areas and game refuges. Money to make the payments is annually appropriated for that purpose from the general fund. This section does not apply to state trust fund land and other state land not purchased for game refuge or public hunting purposes. Except as provided in subdivision 1a, the payment shall be the greatest of:

(1) 35 percent of the gross receipts from all special use permits and leases of land acquired for public hunting and game refuges;

(2) 50 cents per acre on land purchased actually used for public hunting or game refuges; or

(3) three-fourths of one percent of the appraised value of purchased land actually used for public hunting and game refuges.

(b) The payment must be reduced by the amount paid under subdivision 3 for croplands managed for wild geese.

(c) The appraised value is the purchase price for five years after acquisition. The appraised value shall be determined by the county assessor every five years after acquisition.

Sec. 25. Minnesota Statutes 1994, section 97A.061, is amended by adding a subdivision to read:

Subd. 1a. [LAND ACQUIRED AFTER JUNE 30, 1996.] Notwithstanding the provisions of subdivision 1, in the case of lands acquired by the commissioner after June 30, 1996, the amount of the payment shall be determined by multiplying its appraised value under subdivision 1, paragraph (c), by the land's classification rate for tax purposes under section 273.13 immediately prior to its acquisition by the commissioner. This amount must be multiplied by the total tax rate that is applied to taxable property for taxes payable in the current year by the county, town, and school district in which the property is located to determine the payment amount. Money to make the payments is annually appropriated to the commissioner for that purpose from the general fund."

Page 20, after line 8, insert:

"Sec. 31. Minnesota Statutes 1995 Supplement, section 477A.12, is amended to read:

477A.12 [ANNUAL APPROPRIATIONS; LANDS ELIGIBLE; CERTIFICATION OF ACREAGE.]

(a) There is annually appropriated to the commissioner of natural resources from the general fund for payment to counties within the state an amount equal to:

(1) for acquired natural resources land acquired before July 1, 1996, $3 multiplied by the total number of acres of acquired natural resources land or, beginning July 1, 1996, at the county's option three-fourths of one percent of the appraised value of all acquired natural resources land in the county, whichever is greater;

(2) for acquired natural resources land acquired after June 30, 1996, the amount necessary to make the payments as provided in paragraph (d);

(3) 75 cents multiplied by the number of acres of county-administered other natural resources land; and

(3) (4) 37.5 cents multiplied by the number of acres of commissioner-administered other natural resources land located in each county as of July 1 of each year.

(b) Lands for which payments in lieu are made pursuant to section 97A.061, subdivision 3, and Laws 1973, chapter 567, shall not be eligible for payments under this section. Each county auditor shall certify to the department of natural resources during July of each year the number of acres of county-administered other natural resources land within the county. The department of natural resources may, in addition to the certification of acreage, require descriptive lists of land so certified. The commissioner of natural resources shall determine and certify the number of acres of acquired natural resources land and commissioner-administered natural resources land within each county.

(c) For the purposes of this section, the appraised value of acquired natural resources land is the purchase price for the first five years after acquisition. The appraised value of acquired natural resources land received as a donation is the value determined for the commissioner of natural resources by a licensed appraiser, or the county assessor's estimated market value if no appraisal is done. The appraised value must be determined by the county assessor every five years after the land is acquired.

(d) For acquired natural resources land acquired after June 30, 1996, the amount of the payment shall be determined by multiplying its appraised value under paragraph (c) by the land's classification rate for tax purposes under section 273.13 immediately prior to its acquisition by the commissioner. This amount must be multiplied by the total tax rate that is applied to taxable property for taxes payable in the current year by the county, town, and school district in which the property is located to determine the payment amount.

Sec. 32. Minnesota Statutes 1995 Supplement, section 477A.14, is amended to read:

477A.14 [USE OF FUNDS.]

Subdivision 1. [DISTRIBUTION OF PAYMENT.] Forty percent of the total payment to the county shall be deposited in the county general revenue fund to be used to provide property tax levy reduction. The remainder shall be distributed by the county in the following priority:

(a) 37.5 cents for each acre of county-administered other natural resources land shall be deposited in a resource development fund to be created within the county treasury for use in resource development, forest management, game and fish habitat improvement, and recreational development and maintenance of county-administered other natural resources land. Any county receiving less than $5,000 annually for the resource development fund may elect to deposit that amount in the county general revenue fund;

(b) From the funds remaining, within 30 days of receipt of the payment to the county, the county treasurer shall pay each organized township 30 cents per acre of acquired natural resources land and 7.5 cents per acre of other natural resources land located within its boundaries. Payments for natural resources lands not located in an organized township shall be deposited in the county general revenue fund. Payments to counties and townships pursuant to this paragraph shall be used to provide property tax levy reduction. Provided that, if the total payment to the county pursuant to section 477A.12 is not sufficient to fully fund the distribution provided for in this clause, the amount available shall be distributed to each township and the county general revenue fund on a pro rata basis; and

(c) Any remaining funds shall be deposited in the county general revenue fund. Provided that, if the distribution to the county general revenue fund exceeds $35,000, the excess shall be used to provide property tax levy reduction.

Subd. 2. [DISTRIBUTION OF PAYMENT; LANDS ACQUIRED AFTER JUNE 30, 1996.] For acquired natural resources lands acquired after June 30, 1996, the county treasurer shall allocate and distribute the payment among the county, towns, and school districts on the same basis as if the payments were taxes on land payable in the current year.

Sec. 41. [EFFECTIVE DATE.]

Sections 24 to 25, 31 and 32 are effective for natural resources lands acquired after June 30, 1996, for payments in lieu of taxes beginning July 1, 1997, and thereafter."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Osskopp amendment and the roll was called. There were 45 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Frerichs     Krinkie      Otremba      Tompkins
Bettermann   Girard       Lindner      Paulsen      Tuma
Bradley      Goodno       McElroy      Pellow       Tunheim
Commers      Gunther      Molnau       Rostberg     Van Dellen
Daggett      Hackbarth    Mulder       Smith        Van Engen
Davids       Harder       Olson, E.    Stanek       Vickerman
Dehler       Jennings     Olson, M.    Sviggum      Winter
Dempsey      Johnson, V.  Onnen        Swenson, D.  Worke
Finseth      Koppendrayer Osskopp      Swenson, H.  Workman 

Abrams       Erhardt      Kinkel       McGuire      Rukavina
Anderson, R. Farrell      Knight       Milbert      Sarna
Bakk         Garcia       Knoblach     Munger       Schumacher
Bertram      Greenfield   Kraus        Murphy       Seagren
Bishop       Greiling     Larsen       Ness         Skoglund
Boudreau     Haas         Leighton     Opatz        Solberg
Broecker     Hasskamp     Leppik       Orenstein    Sykora
Brown        Hausman      Lieder       Osthoff      Tomassoni
Carlson, L.  Holsten      Long         Ostrom       Trimble
Carlson, S.  Huntley      Lourey       Ozment       Wagenius
Carruthers   Jaros        Luther       Pawlenty     Warkentin
Clark        Jefferson    Lynch        Pelowski     Weaver
Cooper       Johnson, A.  Macklin      Perlt        Wejcman
Dauner       Johnson, R.  Mahon        Peterson     Wenzel
Dawkins      Kahn         Mares        Pugh         Wolf
Delmont      Kalis        Mariani      Rest         Sp.Anderson,I
Dorn         Kelley       Marko        Rhodes       
Entenza      Kelso        McCollum     Rice         

Krinkie moved to amend S. F. No. 2167, as amended, as follows:

Page 5, delete section 6

Adjust totals accordingly

Renumber or reletter 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 52 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Krinkie      Pawlenty     Van Dellen
Anderson, B. Girard       Lindner      Pellow       Van Engen
Bettermann   Goodno       Lynch        Rostberg     Vickerman
Bishop       Gunther      Macklin      Seagren      Warkentin
Boudreau     Haas         Mares        Smith        Weaver
Bradley      Hackbarth    McElroy      Stanek       Wolf
Broecker     Harder       Molnau       Sviggum      Worke
Carlson, S.  Holsten      Mulder       Swenson, D.  Workman 
Commers      Knight       Olson, M.    Sykora       
Daggett      Knoblach     Onnen        Tompkins     
Erhardt      Koppendrayer Paulsen      Tuma         

Anderson, R. Finseth      Kraus        Opatz        Schumacher
Bakk         Garcia       Larsen       Orenstein    Skoglund
Bertram      Greenfield   Leighton     Orfield      Solberg
Brown        Greiling     Leppik       Osskopp      Swenson, H.
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 7918

Carlson, L.  Hasskamp     Lieder       Osthoff      Tomassoni
Carruthers   Hausman      Long         Ostrom       Trimble
Clark        Huntley      Lourey       Otremba      Tunheim
Cooper       Jaros        Luther       Ozment       Wagenius
Dauner       Jefferson    Mahon        Pelowski     Wejcman
Davids       Johnson, A.  Marko        Perlt        Wenzel
Dawkins      Johnson, R.  McCollum     Peterson     Winter
Dehler       Johnson, V.  McGuire      Pugh         Sp.Anderson,I
Delmont      Kahn         Milbert      Rest         
Dempsey      Kalis        Munger       Rhodes       
Dorn         Kelley       Murphy       Rice         
Entenza      Kelso        Ness         Rukavina     
Farrell      Kinkel       Olson, E.    Sarna        

Trimble, Frerichs and Marko moved to amend S. F. No. 2167, as amended, as follows:

Page 19, after line 10, insert:

"Sec. 28. Minnesota Statutes 1994, section 161.1419, subdivision 2, is amended to read:

Subd. 2. [MEMBERS.] The commission shall be composed of ten members of which one shall be appointed by the commissioner of transportation, one shall be appointed by the commissioner of natural resources, one shall be appointed by the commissioner of trade and economic development, three one shall be appointed by the commissioner of agriculture, one shall be appointed by the director of the Minnesota historical society, two shall be members of the senate to be appointed by the committee on committees, and three two shall be members of the house of representatives to be appointed by the speaker. The tenth member shall be the secretary appointed pursuant to subdivision 3. The members of the commission shall be selected immediately after final enactment of this act and shall serve for a term expiring at the close of the next regular session of the legislature and until their successors are appointed. Successor members shall be appointed at the close of each regular session of the legislature by the same appointing authorities. Members may be reappointed. Any vacancy shall be filled by the appointing authority. The commissioner of transportation, the commissioner of natural resources, and the director of the Minnesota historical society shall be ex officio members, and shall be in addition to the ten members heretofore provided for. Immediately upon making the appointments to the commission the appointing authorities shall so notify the Mississippi river parkway commission, hereinafter called the national commission, giving the names and addresses of the members so appointed."

The motion prevailed and the amendment was adopted.

The Speaker called Kahn to the Chair.

Wagenius, Trimble, Hausman, McCollum and Leighton moved to amend S. F. No. 2167, as amended, as follows:

Page 19, after line 10, insert:

Sec. 28. Minnesota Statutes 1995 Supplement, section 116.011, is amended to read:

116.011 [ANNUAL POLLUTION REPORT.]

Subdivision 1. [AGENCY GOAL; REPORT.] A goal of the pollution control agency is to reduce the amount of pollution that is emitted in the state. The pollution control agency shall include in its annual performance report information detailing the best estimate of the agency of the total volume of water and air pollution that was emitted in the state in the previous calendar year. The agency shall report its findings for both water and air pollution:

(1) in gross amounts, including the percentage increase or decrease over the previous calendar year; and

(2) in a manner which will demonstrate the magnitude of the various sources of water and air pollution.

Subd. 2. [PENALTY FOR FAILURE TO MEET GOAL.] If the annual report submitted under this section demonstrates that the annual amount of pollution emitted in this state increased from the previous year, the agency's base operating budget for the following fiscal year shall be reduced by $10,000. Within ten days of publication of the

report, the commissioner shall notify the commissioner of finance of the agency's failure to meet the goal described in subdivision 1. The commissioner of finance shall then reduce the agency's base operating budget by the penalty amount by prorating that amount over the agency's various appropriation sources."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Erhardt moved to amend the Wagenius et al amendment to S. F. No. 2167, as amended, as follows:

Page 1, line 19, delete "PENALTY FOR FAILURE" and insert "INCENTIVE"

Page 1, line 21, delete "increased" and insert "decreased"

Page 1, line 23, delete "reduced" and insert "increased"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 62 yeas and 72 nays as follows:

Those who voted in the affirmative were:

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

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

The question recurred on the Wagenius et al amendment and the roll was called. There were 88 yeas and 46 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Finseth      Kelso        Ness         Sarna
Bakk         Garcia       Kinkel       Olson, E.    Schumacher
Bertram      Goodno       Kraus        Opatz        Skoglund
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 7920

Boudreau     Greenfield   Larsen       Orenstein    Smith
Brown        Greiling     Leighton     Orfield      Solberg
Carlson, L.  Hackbarth    Leppik       Osskopp      Tomassoni
Carruthers   Harder       Lieder       Osthoff      Trimble
Clark        Hasskamp     Long         Ostrom       Tuma
Cooper       Hausman      Lourey       Otremba      Tunheim
Dauner       Holsten      Luther       Ozment       Van Engen
Davids       Huntley      Mahon        Pelowski     Wagenius
Dawkins      Jaros        Mariani      Perlt        Wejcman
Dehler       Jefferson    Marko        Peterson     Wenzel
Delmont      Johnson, A.  McCollum     Pugh         Winter
Dempsey      Johnson, R.  McGuire      Rest         Worke
Dorn         Kahn         Milbert      Rhodes       Sp.Anderson,I
Entenza      Kalis        Munger       Rice         
Farrell      Kelley       Murphy       Rukavina     

Abrams       Frerichs     Lindner      Pawlenty     Van Dellen
Anderson, B. Girard       Lynch        Pellow       Vickerman
Bettermann   Gunther      Macklin      Rostberg     Warkentin
Bishop       Haas         Mares        Seagren      Weaver
Bradley      Jennings     McElroy      Stanek       Wolf
Broecker     Johnson, V.  Molnau       Sviggum      Workman 
Carlson, S.  Knight       Mulder       Swenson, D.  
Commers      Knoblach     Olson, M.    Swenson, H.  
Daggett      Koppendrayer Onnen        Sykora       
Erhardt      Krinkie      Paulsen      Tompkins     

Sviggum moved to amend S. F. No. 2167, as amended, as follows:

Page 1, after line 22, insert:

Page 30, after line 14, insert:

Section 1. Minnesota Statutes 1994, section 32.21, subdivision 4, is amended to read:

Subd. 4. [PENALTIES.] (a) A person, other than a milk producer, who violates this section is guilty of a misdemeanor or subject to a civil penalty up to $1,000.

(b) A milk producer may not change milk plants within 30 days, without permission of the commissioner, after receiving notification from the commissioner under paragraph (c) or (d) that the milk producer has violated this section.

(c) A milk producer who violates subdivision 3, clause (1), (2), (3), (4), or (5), is subject to clauses (1) to (3) of this paragraph.

(1) Upon notification of the first violation in a 12-month period, the producer must meet with the dairy plant field service representative to initiate corrective action within 30 days.

(2) Upon the second violation within a 12-month period, the producer is subject to a civil penalty of $300. The commissioner shall notify the producer by certified mail stating the penalty is payable in 30 days, the consequences of failure to pay the penalty, and the consequences of future violations.

(3) Upon the third violation within a 12-month period, the producer is subject to an additional civil penalty of $300 and possible revocation of the producer's permit or certification. The commissioner shall notify the producer by certified mail that all civil penalties owed must be paid within 30 days and that the commissioner is initiating administrative procedures to revoke the producer's permit or certification to sell milk for at least 30 days.

(d) The producer's shipment of milk must be immediately suspended if the producer is identified as an individual source of milk containing residues causing a bulk load of milk to test positive in violation of subdivision 3, clause (6) or (7). Shipment may resume only after subsequent milk has been sampled by the commissioner or the commissioner's agent and found to contain no residues above established tolerances or safe levels.

The producer remains eligible only for manufacturing grade until the producer completes the "Milk and Dairy Beef Residue Prevention Protocol" with a licensed veterinarian, displays the signed certificate in the milkhouse, and sends verification to the commissioner. A milk producer who violates whose milk supply is in violation of subdivision 3, clause (6) or (7), and has caused a bulk load to test positive is subject to clauses (1) to (3) of this paragraph.

(1) For the first violation in a 12-month period, a producer shall not receive payment for any milk contaminated or the equivalent of at least the value of two days' milk production on that farm. Milk purchased for use from the producer during the two-day penalty period will be assessed a civil penalty equal to the minimum value of that milk and is payable to the commissioner by the dairy plant or marketing organization who purchases the milk. The producer remains eligible only for manufacturing grade until the producer completes the "Milk and Dairy Beef Residue Prevention Protocol" with a licensed veterinarian, displays the signed certificate in the milkhouse, and sends verification to the commissioner. To maintain a permit or certification to market milk, this program must be completed within 30 days dairy plant may collect from the responsible producer the value of the contaminated truck load of milk. If the amount collected by the plant is less than two days of milk production on that farm, then the commissioner must assess the difference as a civil penalty payable by the plant or marketing organization on behalf of the responsible producer.

(2) For the second violation in a 12-month period, a producer shall not receive payment for any milk contaminated or the equivalent of at least the value of four days' milk production on that farm. Milk purchased for use from the producer during the four-day penalty period will be assessed a civil penalty equal to the minimum value of that milk and is payable to the commissioner by the dairy plant or marketing organization who purchases the milk. The producer remains eligible only for manufacturing grade until the producer reviews the "Milk and Dairy Beef Residue Prevention Protocol" with a licensed veterinarian, displays the updated certificate in the milkhouse, and sends verification to the commissioner. To maintain a permit or certification to market milk, this program must be reviewed within 30 days dairy plant may collect from the responsible producer the value of the contaminated truck load of milk. If the amount collected by the plant is less than four days of milk production on that farm, then the commissioner must assess the difference as a civil penalty payable by the plant or marketing organization on behalf of the responsible producer.

(3) For the third violation in a 12-month period, a producer shall not receive payment for any milk contaminated or the equivalent of at least the value of four days' milk production on that farm. Milk purchased for use from the producer during the four-day penalty period will be assessed a civil penalty equal to the minimum value of that milk and is payable to the commissioner by the dairy plant or marketing organization who purchases the milk. The producer remains eligible only for manufacturing grade until the producer reviews the "Milk and Dairy Beef Residue Prevention Protocol" with a licensed veterinarian, displays the updated certificate in the milkhouse, and sends verification to the commissioner. To maintain a permit or certification to market milk, this program must be reviewed within 30 days dairy plant may collect from the responsible producer the value of the contaminated load of milk. If the amount collected by the plant is less than four days of milk production on that farm, then the commissioner must assess the difference as a civil penalty payable by the plant or marketing organization on behalf of the responsible producer. The commissioner shall also notify the producer by certified mail that the commissioner is initiating administrative procedures to revoke the producer's permit or certification right to sell milk for a minimum of 30 days.

(4) If a bulk load of milk tests negative for residues and there is a positive producer sample on the load, no civil penalties may be assessed to the producer. The plant must report the positive result within 24 hours and reject further milk shipments from that producer until the producer's milk tests negative. The department shall suspend the producer's permit and count the violation on the producer's record. The producer remains eligible only for manufacturing grade until the producer reviews the "Milk and Dairy Beef Residue Prevention Protocol" with a licensed veterinarian. To maintain a permit or certification to market milk, this program must be reviewed within 30 days.

(e) A milk producer that has been certified as completing the "Milk and Dairy Beef Residue Prevention Protocol" within 12 months of the first violation of subdivision 3, clause (7), need only review the cause of the violation with a field service representative within three days to maintain shipping status if all other requirements of this section are met.

(f) Civil penalties collected under this section must be deposited in the milk inspection services account established in this chapter.

Sec. 2. Minnesota Statutes 1994, section 32.394, subdivision 8d, is amended to read:

Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall pay to the commissioner a fee for fluid milk processed and milk used in the manufacture of fluid milk products sold for retail sale in Minnesota. Beginning May 1, 1993, the fee is six cents per hundredweight. If the commissioner determines that a different fee, not less than

five cents and not more than nine cents per hundredweight, when combined with general fund appropriations and fees charged under sections 31.39 and 32.394, subdivision 8, is needed to provide adequate funding for the Grades A and B inspection programs and the administration and enforcement of Laws 1993, chapter 65, the commissioner may, by rule, change the fee on processors within the range provided within this subdivision.

(b) Processors must report quantities of milk processed under paragraph (a) on forms provided by the commissioner. Processor fees must be paid monthly. The commissioner may require the production of records as necessary to determine compliance with this subdivision.

(c) The commissioner may create within the department a dairy consulting program to provide assistance to dairy producers who are experiencing problems meeting the sanitation and quality requirements of the dairy laws and rules.

The commissioner may use money appropriated from the dairy services account created in subdivision 9 to pay for the program authorized in this paragraph.

Sec. 3. Minnesota Statutes 1994, section 32.394, is amended by adding a subdivision to read:

Subd. 8e. [FARM BULK MILK PICK-UP TANKERS.] Farm bulk milk pick-up tankers must be inspected and obtain a permit issued by the commissioner annually by July 1. The owner or operator must pay a $25 permit fee per tanker to the commissioner. The commissioner may appoint such persons as the commissioner deems qualified to make inspections.

Sec. 4. Minnesota Statutes 1994, section 32.415, is amended to read:

32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]

(a) The commissioner may adopt rules to provide uniform quality standards, and producers of milk used for manufacturing purposes shall conform to the standards contained in Subparts B, C, D, E, and F of the United States Department of Agriculture Consumer and Marketing Service Recommended Requirements for Milk for Manufacturing Purposes and its Production and Processing, Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, with the following exceptions:

(1) inspections of producers shall begin not later than January 1, 1984;

(2) producers shall comply with the standards not later than July 1, 1985, except as otherwise allowed under the standards; and

(3) as revised through March 1, 1996, except that the commissioner shall develop methods by which producers can comply with the standards without violation of religious beliefs.

(b) The commissioner shall perform or contract for the performance of the inspections necessary to implement this section or shall certify dairy industry personnel to perform the inspections.

(c) The commissioner and other employees of the department shall make every reasonable effort to assist producers in achieving the milk quality standards at minimum cost and to use the experience and expertise of the University of Minnesota and the agricultural extension service to assist producers in achieving the milk quality standards in the most cost-effective manner.

(d) The commissioner shall consult with producers, processors, and others involved in the dairy industry in order to prepare for the implementation of this section including development of informational and educational materials, meetings, and other methods of informing producers about the implementation of standards under this section.

Sec. 5. Minnesota Statutes 1994, section 35.821, subdivision 3, is amended to read:

Subd. 3. [BRAND.] "Brand" means a permanent identification mark, of which the letters, numbers, and figures used are each four inches or more in length or diameter and applied using the technique of freeze branding or burned into the hide of a live animal with a hot iron, which is to be considered in relation to its location on the animal. The term relates to both the mark burned into the hide and its location. In the case of sheep, the term includes, but is not limited to, a painted mark which is renewed after each shearing.

Sec. 6. Minnesota Statutes 1994, section 35.821, is amended by adding a subdivision to read:

Subd. 3a. [FREEZE BRANDING.] "Freeze branding" means the application of an intensely cold iron to the hide of a live animal.

Sec. 7. [EFFECTIVE DATE.]

Section 3 is effective the day following final enactment and applies to farm bulk milk pick-up tankers on July 1, 1996. Sections 5 and 6 are effective the day following final enactment."

Correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Davids and Frerichs moved to amend S. F. No. 2167, as amended, as follows:

Page 14, after line 31, insert:

"Sec. 20. Minnesota Statutes 1995 Supplement, section 85.015, subdivision 7, is amended to read:

Subd. 7. [BLUFFLANDS TRAIL SYSTEM, FILLMORE, OLMSTED, WINONA, AND HOUSTON COUNTIES.] (a) The Root River trail shall originate at Chatfield in Fillmore county, and thence extend easterly in the Root river valley to the intersection of the river with Minnesota trunk highway No. 26 in Houston county, and extend to the Mississippi river.

(b) Additional trails shall be established that extend the Blufflands Trail System to include La Crescent, Hokah, Caledonia, and Spring Grove in Houston county; Preston, Harmony, Fountain, Wykoff, Spring Valley, Mabel, Canton, and Ostrander in Fillmore county; Dover, Eyota, Stewartville, Byron, and Chester Woods county park in Olmsted county; and Winona, Minnesota City, Rollingstone, Altura, Lewiston, Utica, St. Charles, and Elba in Winona county. In addition to the criteria in section 86A.05, subdivision 4, these trails must utilize abandoned railroad rights-of-way where possible.

(c) The trails shall be developed primarily for nonmotorized riding and hiking."

Renumber the sections in sequence and correct the internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Rukavina and Tomassoni moved to amend S. F. No. 2167, as amended, as follows:

Page 30, after line 7, insert:

"Sec. 35. [TACONITE DEPOSITION.]

Notwithstanding rules prohibiting discharge of waste into saturated zones or rules governing variance procedures, the pollution control agency may issue a permit for deposition of fine tailings from taconite processing facilities into taconite mine pits provided the proposer demonstrates through an environmental impact statement and risk assessment that the deposition will not result in pollution or degradation of groundwater."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

S. F. No. 2167, A bill for an act relating to the organization and operation of state government; appropriating money and modifying provisions relating to the environment, natural resources, and agriculture; supplementing, reducing, and modifying earlier appropriations; establishing a board; establishing an off-highway vehicle recreation area; authorizing and modifying state trails; providing for reports and fees; amending Minnesota Statutes 1994, sections 17.117, subdivision 3; 17B.15, subdivision 1; 18E.02, subdivision 5; 85.015, by adding a subdivision; 85.052, subdivision 3; 85.054, by adding a subdivision; 85.055, subdivision 1; 94.16, subdivision 3; and 97A.028, subdivision 3; Minnesota Statutes 1995 Supplement, sections 85.015, subdivision 7; 103F.725, subdivision 1a; and 446A.07, subdivision 8; Laws 1995, chapters 207, article 1, section 2, subdivision 7; 220, section 19, subdivisions 4, 6, 10, and 19; and 254, article 1, section 93; proposing coding for new law in Minnesota Statutes, chapters 17 and 21; repealing Laws 1995, chapter 224, section 18, subdivision 4.

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 127 yeas and 6 nays as follows:

Those who voted in the affirmative were:

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

Knight       Krinkie      Olson, M.    
Koppendrayer Lindner      Rostberg     

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. 2856.

S. F. No. 2856 was reported to the House.

Murphy moved to amend S. F. No. 2856 as follows:

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.

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."

The motion prevailed and the amendment was adopted.

The Speaker called Kahn to the Chair.

Skoglund moved to amend S. F. No. 2856, as amended, as follows:

Page 139, after line 26, insert:

"Sec. 2. Minnesota Statutes 1994, section 152.02, subdivision 2, is amended to read:

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

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

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

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

(4) Peyote, providing the listing of peyote as a controlled substance in schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian Church, and members of the American Indian Church are exempt from registration. Any person who manufactures peyote for or distributes peyote to the American Indian Church, however, is required to obtain federal registration annually and to comply with all other requirements of law.

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

Mecloqualone;

Flunitrazepam.

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Carruthers moved to amend S. F. No. 2856, as amended, as follows:

Page 139, line 32, delete everything after "operated" and insert "while the certificate of registration for the vehicle is revoked"

Page 139, line 33, delete everything before the comma

The motion prevailed and the amendment was adopted.

Bishop and Skoglund moved to amend S. F. No. 2856, as amended, as follows:

Page 72, after line 33, insert:

"The law enforcement officer, in consultation with the offender's probation officer, may provide all or part of this information to any of the following agencies or groups the offender is likely to encounter: public and private educational institutions, day care establishments, and establishments or organizations that primarily serve children or women."

The motion prevailed and the amendment was adopted.

Delmont, Skoglund, Rhodes, Sarna, Smith, Pugh and Stanek moved to amend S. F. No. 2856, as amended, as follows:

Page 26, after line 17, insert:

"Sec. 13. Minnesota Statutes 1994, section 609.06, is amended to read:

609.06 [AUTHORIZED USE OF FORCE.]

Subdivision 1. [WHEN AUTHORIZED.] Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist:

(1) when used by a public officer or one assisting a public officer under the public officer's direction:

(a) in effecting a lawful arrest; or

(b) in the execution of legal process; or

(c) in enforcing an order of the court; or

(d) in executing any other duty imposed upon the public officer by law; or

(2) when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or

(3) when used by any person in resisting or aiding another to resist an offense against the person; or

(4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or

(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or

(6) when used by a parent, guardian, teacher or other lawful custodian of a child or pupil, in the exercise of lawful authority, to restrain or correct such child or pupil; or

(7) when used by a school employee or school bus driver, in the exercise of lawful authority, to restrain a child or pupil, or to prevent bodily harm or death to another; or

(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or

(9) when used to restrain a mentally ill or mentally defective person from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct or treatment; or

(10) when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct or treatment of the committed person.

Subd. 2. [DEADLY FORCE USED AGAINST PEACE OFFICERS.] Deadly force may not be used against peace officers who have announced their presence and are performing official duties at a location where a person is committing a crime or an act that would be a crime if committed by an adult."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Lynch was excused between the hours of 5:40 p.m. and 8:00 p.m.

Jefferson, Dawkins, Carruthers and Weaver moved to amend S. F. No. 2856, as amended, as follows:

Page 116, line 30, after the period, insert "If all charges are dismissed for lack of probable cause, the court shall grant a petition under chapter 609A to expunge the fingerprint and thumb print data, and the other identification data as provided under this section. If a defendant is detained but never charged and the statutes of limitation have expired, the court shall grant a petition under chapter 609A to expunge the fingerprint and thumbprint data, and the other identification data as provided under this section."

Page 120, after line 16, insert:

"(b) If all charges are dismissed for lack of probable cause, the court shall grant the petition for expungement of the arrest record as provided under this chapter. If a defendant is detained but never charged and the statutes of limitation have expired, the court shall grant the petition for expungement of the arrest record as provided under this chapter."

Page 120, line 17, delete "(b)" and insert "(c)"

Page 120, line 25, delete "(c)" and insert "(d)"

Bishop moved to amend the Jefferson et al amendment to S. F. No. 2856, as amended, as follows:

Page 1, line 7, before the period insert "except for DNA samples and DNA records"

Page 1, line 11, before the period insert "except for DNA samples and DNA records"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 64 yeas and 66 nays as follows:

Those who voted in the affirmative were:

Abrams       Entenza      Knight       Ness         Sviggum
Anderson, B. Erhardt      Knoblach     Onnen        Swenson, D.
Bettermann   Finseth      Koppendrayer Ostrom       Swenson, H.
Bishop       Frerichs     Kraus        Paulsen      Sykora
Boudreau     Girard       Krinkie      Pawlenty     Tompkins
Bradley      Goodno       Larsen       Pellow       Van Dellen
Broecker     Gunther      Leppik       Pelowski     Van Engen
Carlson, S.  Haas         Lindner      Rhodes       Vickerman
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 7995

Carruthers   Hackbarth    Macklin      Rostberg     Warkentin
Commers      Harder       Mares        Seagren      Weaver
Daggett      Holsten      McCollum     Skoglund     Wolf
Davids       Johnson, V.  McElroy      Smith        Workman
Dehler       Kalis        Molnau       Stanek       

Anderson, R. Greenfield   Long         Orfield      Tomassoni
Bakk         Greiling     Lourey       Osskopp      Trimble
Bertram      Hausman      Luther       Osthoff      Tuma
Brown        Huntley      Mahon        Otremba      Tunheim
Carlson, L.  Jaros        Mariani      Ozment       Wagenius
Clark        Jefferson    Marko        Perlt        Wejcman
Cooper       Johnson, A.  McGuire      Peterson     Wenzel
Dauner       Johnson, R.  Milbert      Pugh         Winter
Dawkins      Kahn         Munger       Rest         Worke
Delmont      Kelley       Murphy       Rice         Sp.Anderson,I
Dempsey      Kelso        Olson, E.    Rukavina     
Dorn         Kinkel       Olson, M.    Sarna        
Farrell      Leighton     Opatz        Schumacher   
Garcia       Lieder       Orenstein    Solberg      

The question recurred on the Jefferson et al amendment to S. F. No. 2856, as amended. The motion prevailed and the amendment was adopted.

Dawkins and Jefferson moved to amend S. F. No. 2856, as amended, as follows:

Page 116, line 9, before "The" insert "(a)"

Page 116, line 30, after the period, insert:

"(b) Notwithstanding paragraph (d), if all charges are dismissed for lack of probable cause, the court shall grant a petition under chapter 609A to expunge and destroy the fingerprint and thumb print data, and the other identification data as provided under this section. If a defendant is detained but never charged and the statutes of limitation have expired, the court shall grant a petition under chapter 609A to expunge and destroy the fingerprint and thumbprint data, and the other identification data as provided under this section.

(c) If a defendant is acquitted, the court shall grant a petition under chapter 609A to expunge the fingerprint and thumb print data, and the other identification data as provided under this section.

(d) Except as provided in paragraph b,"

Page 118, line 3, before "Expungement" insert "Except as described in section 299C.11, paragraph (b),"

Page 120, after line 16, insert:

"(b) In making a determination under paragraph (a), the court shall give strong consideration to the petitioner having successfully completed a diversion program.

(c) If all charges are dismissed for lack of probable cause, the court shall grant the petition for expungement of the arrest record as provided under this chapter. If a defendant is detained but never charged and the statutes of limitation have expired, the court shall grant the petition for expungement of the arrest record as provided under this chapter."

Page 120, line 17, delete "(b)" and insert "(d)"

Page 120, line 25, delete "(c)" and insert "(e)"

A roll call was requested and properly seconded.

The question was taken on the Dawkins and Jefferson amendment and the roll was called. There were 18 yeas and 108 nays as follows:

Those who voted in the affirmative were:

Anderson, R. Greenfield   Johnson, A.  Osskopp      Tomassoni
Bakk         Hausman      Johnson, R.  Osthoff      Wejcman 
Brown        Jaros        Kahn         Rukavina     
Dawkins      Jefferson    Munger       Sarna        

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

Wenzel and Rukavina moved to amend S. F. No. 2856, as amended, as follows:

Page 47, after line 24, insert:

"Section 1. Minnesota Statutes 1994, section 260.155, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) Except for hearings arising under section 260.261, hearings on any matter shall be without a jury and may be conducted in an informal manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings conducted pursuant to section 260.125 except to the extent that the rules themselves provide that they do not apply. In all adjudicatory proceedings involving a child alleged to be in need of protection or services, the court shall admit only evidence that would be admissible in a civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of protection or services must be proved by clear and convincing evidence.

(b) Except for proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may be continued or adjourned from time to time. In proceedings involving a child alleged to be in need of protection or services and petitions for the termination of parental rights, hearings may not be continued or adjourned for more than one week unless the court makes specific findings that the continuance or adjournment is in the best interests of the child. If a hearing is held on a petition involving physical or sexual abuse of a child who is alleged to be in need of protection or services or neglected and in foster care, the court shall file the decision with the court administrator as soon as possible but no later than 15 days after the matter is submitted to the court. When a continuance or adjournment is ordered in any proceeding, the court may make any interim orders as it deems in the best interests of the minor in accordance with the provisions of sections 260.011 to 260.301.

(c) Except as otherwise provided in this paragraph, the court shall exclude the general public from hearings under this chapter and shall admit only those persons who, in the discretion of the court, have a direct interest in the case or in the work of the court. The court shall open the hearings to the public in delinquency or extended jurisdiction

juvenile proceedings where the child is alleged to have committed an offense or has been proven to have committed an offense that would be a felony if committed by an adult and if either: (1) t he child was at least 16 years of age at the time of the offense, except that; or (2) the child was at least 14 years of age at the time of the offense and is alleged or has been proven to have used or possessed a firearm or dangerous weapon during the commission of the offense. Notwithstanding these exceptions, the court may exclude the public from portions of a certification hearing to discuss psychological material or other evidence that would not be accessible to the public in an adult proceeding.

(d) In all delinquency cases a person named in the charging clause of the petition as a person directly damaged in person or property shall be entitled, upon request, to be notified by the court administrator in writing, at the named person's last known address, of (1) the date of the certification or adjudicatory hearings, and (2) the disposition of the case.

(e) Adoption hearings shall be conducted in accordance with the provisions of laws relating to adoptions."

Page 51, after line 30, insert:

"Sec. 5. Minnesota Statutes 1994, section 609.11, subdivision 8, is amended to read:

Subd. 8. [MOTION BY PROSECUTOR.] (a) Except as otherwise provided in paragraph (b), prior to the time of sentencing, the prosecutor may file a motion to have the defendant sentenced without regard to the mandatory minimum sentences established by this section. The motion shall be accompanied by a statement on the record of the reasons for it. When presented with the motion, or on its own motion, the court may sentence the defendant without regard to the mandatory minimum sentences established by this section if the court finds substantial and compelling reasons to do so. A sentence imposed under this subdivision is a departure from the sentencing guidelines.

(b) The court may not, on its own motion or the prosecutor's motion, sentence a defendant without regard to the mandatory minimum sentences established by this section if: (1) the defendant is convicted of violating section 609.66, subdivision 1e; or (2) the defendant previously has been convicted of an offense listed in subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon."

Page 53, after line 33, insert:

"Sec. 10. Minnesota Statutes 1995 Supplement, section 609.185, is amended to read:

609.185 [MURDER IN THE FIRST DEGREE.]

Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;

(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance; or causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e;

(4) causes the death of a peace officer or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the peace officer or guard is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon the child and the death occurs under circumstances manifesting an extreme indifference to human life; or

(6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances manifesting an extreme indifference to human life.

For purposes of clause (5), "child abuse" means an act committed against a minor victim that constitutes a violation of the following laws of this state or any similar laws of the United States or any other state: section 609.221; 609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

For purposes of clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or any other state; and

(2) is committed against the victim who is a family or household member as defined in section 518B.01, subdivision 2, paragraph (b)."

Page 55, after line 14, insert:

"Sec. 14. Minnesota Statutes 1994, section 609.66, subdivision 1e, is amended to read:

Subd. 1e. [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward a person, another motor vehicle, or a building is guilty of a felony and may be sentenced as follows:

(1) if the violation results in substantial or great bodily harm to another, to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both;

(2) if the vehicle or building is occupied at the time of the violation, to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both;

(3) otherwise, to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both. If the vehicle or building is occupied, 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.

(b) For purposes of this subdivision, "motor vehicle" has the meaning given in section 609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision 2."

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 Wenzel and Rukavina amendment and the roll was called. There were 129 yeas and 0 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Knoblach     Olson, E.    Smith
Anderson, B. Finseth      Koppendrayer Olson, M.    Solberg
Anderson, R. Frerichs     Kraus        Onnen        Stanek
Bakk         Garcia       Krinkie      Opatz        Sviggum
Bertram      Girard       Larsen       Orenstein    Swenson, D.
Bettermann   Goodno       Leighton     Orfield      Swenson, H.
Bishop       Greenfield   Leppik       Osskopp      Sykora
Boudreau     Greiling     Lieder       Osthoff      Tomassoni
Bradley      Haas         Lindner      Ostrom       Tompkins
Broecker     Hackbarth    Long         Otremba      Trimble
Brown        Harder       Lourey       Ozment       Tuma
Carlson, L.  Hasskamp     Luther       Paulsen      Tunheim
Carlson, S.  Hausman      Macklin      Pawlenty     Van Dellen
Carruthers   Holsten      Mahon        Pellow       Van Engen
Clark        Huntley      Mares        Pelowski     Vickerman
Commers      Jaros        Mariani      Perlt        Wagenius
Cooper       Jefferson    Marko        Peterson     Warkentin
Daggett      Johnson, A.  McCollum     Pugh         Weaver
Dauner       Johnson, R.  McElroy      Rest         Wejcman
Davids       Johnson, V.  McGuire      Rhodes       Wenzel
Dehler       Kahn         Milbert      Rostberg     Winter
Delmont      Kalis        Molnau       Rukavina     Wolf
Dempsey      Kelley       Mulder       Sarna        Worke
Dorn         Kelso        Munger       Schumacher   Workman
Entenza      Kinkel       Murphy       Seagren      Sp.Anderson,I
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 7999

Erhardt      Knight       Ness         Skoglund     

Wenzel moved to amend S. F. No. 2856, as amended, as follows:

Page 30, after line 35, insert:

"Sec. 19. Minnesota Statutes 1994, section 609.342, subdivision 2, is amended to read:

Subd. 2. [PENALTY.] Except as otherwise provided in section 609.346, subdivision 2a or 2b, a person convicted under subdivision 1, clause (a), (b), or (g), may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both. Notwithstanding section 243.05, 244.04, 609.11, 609.135, or 609.346, a person convicted under subdivision 1, clause (c), (d), (e), (f), or (h), shall be committed to the commissioner of corrections for a term of imprisonment of at least 17 and one-half years but not more than 30 years, and may be sentenced to payment of a fine of not more than $50,000.

Sec. 20. Minnesota Statutes 1994, section 609.343, subdivision 2, is amended to read:

Subd. 2. [PENALTY.] Except as otherwise provided in section 609.346, subdivision 2a or 2b, a person convicted under subdivision 1, clause (a), (b), or (g), may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both. Notwithstanding section 243.05, 244.04, 609.11, 609.135, or 609.346, a person convicted under subdivision 1, clause (c), (d), (e), (f), or (h), shall be committed to the commissioner of corrections for a term of imprisonment of at least 12 and one-half years but not more than 25 years, and may be sentenced to payment of a fine of not more than $40,000."

Page 47, after line 21, insert:

"Sections 19 and 20 are effective July 1, 1996, and apply to crimes committed on or after that date."

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 Wenzel amendment and the roll was called. There were 118 yeas and 15 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Larsen       Opatz        Stanek
Anderson, B. Frerichs     Leighton     Orenstein    Sviggum
Anderson, R. Girard       Leppik       Orfield      Swenson, D.
Bertram      Goodno       Lieder       Osskopp      Swenson, H.
Bettermann   Gunther      Lindner      Osthoff      Sykora
Boudreau     Haas         Long         Otremba      Tomassoni
Bradley      Hackbarth    Lourey       Ozment       Tompkins
Broecker     Harder       Luther       Paulsen      Trimble
Carlson, L.  Hasskamp     Macklin      Pawlenty     Tuma
Carlson, S.  Holsten      Mahon        Pellow       Tunheim
Carruthers   Huntley      Mares        Pelowski     Van Dellen
Clark        Jefferson    Marko        Perlt        Van Engen
Commers      Jennings     McCollum     Peterson     Vickerman
Cooper       Johnson, A.  McElroy      Pugh         Wagenius
Daggett      Johnson, R.  McGuire      Rest         Warkentin
Dauner       Johnson, V.  Milbert      Rhodes       Weaver
Davids       Kalis        Molnau       Rostberg     Wenzel
Dehler       Kelso        Mulder       Rukavina     Winter
Delmont      Kinkel       Munger       Sarna        Wolf
Dempsey      Knight       Murphy       Schumacher   Worke
Dorn         Knoblach     Ness         Seagren      Workman
Entenza      Koppendrayer Olson, E.    Skoglund     Sp.Anderson,I
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8000

Erhardt      Kraus        Olson, M.    Smith        
Farrell      Krinkie      Onnen        Solberg      

Bakk         Garcia       Jaros        Ostrom       
Bishop       Greenfield   Kahn         Rice         
Brown        Greiling     Kelley       Wejcman      
Dawkins      Hausman      Mariani      

Tuma moved to amend S. F. No. 2856, as amended, as follows:

Page 47, after line 13, insert:

"Sec. 33. [SENTENCING GUIDELINES MODIFICATIONS.]

Pursuant to Minnesota Statutes, section 244.09, the proposed modifications to the sentencing guidelines regarding the adjustment of increases in durations across criminal history at severity levels I through VI contained on page 11 of the January 1996, Minnesota sentencing guidelines commission's report to the legislature, shall not take effect until August 1, 1997."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Skoglund moved to amend the Tuma amendment to S. F. No. 2856, as amended, as follows:

Page 1, line 6, before "proposed" insert "following"

Page 1, line 6, delete "regarding" and insert "contained on pages 11 to 12 of the January 1996, Minnesota sentencing guidelines commission's report to the legislature, shall not take effect: (1)"

Page 1, line 8, delete everything after "VI" and insert "; and (2) the elimination of the distinction between theft offenses and theft related offenses."

Page 1, delete lines 9 to 11

The motion prevailed and the amendment to the amendment was adopted.

The question recurred on the Tuma amendment, as amended, and the roll was called. There were 120 yeas and 13 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Kraus        Orenstein    Swenson, D.
Anderson, B. Finseth      Krinkie      Orfield      Swenson, H.
Anderson, R. Frerichs     Larsen       Osskopp      Sykora
Bertram      Garcia       Leighton     Osthoff      Tomassoni
Bettermann   Girard       Leppik       Ostrom       Tompkins
Bishop       Goodno       Lieder       Otremba      Trimble
Boudreau     Greiling     Lindner      Ozment       Tuma
Bradley      Gunther      Long         Paulsen      Tunheim
Broecker     Haas         Lourey       Pawlenty     Van Dellen
Brown        Hackbarth    Luther       Pellow       Van Engen
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8001

Carlson, L.  Harder       Macklin      Pelowski     Vickerman
Carlson, S.  Hasskamp     Mahon        Perlt        Wagenius
Carruthers   Holsten      Mares        Peterson     Warkentin
Clark        Huntley      Marko        Pugh         Weaver
Commers      Jennings     McCollum     Rest         Wenzel
Cooper       Johnson, A.  McElroy      Rhodes       Winter
Daggett      Johnson, R.  Milbert      Rostberg     Wolf
Dauner       Johnson, V.  Molnau       Sarna        Worke
Davids       Kalis        Mulder       Schumacher   Workman
Dehler       Kelley       Munger       Seagren      Sp.Anderson,I
Delmont      Kelso        Ness         Skoglund     
Dempsey      Kinkel       Olson, E.    Smith        
Dorn         Knight       Olson, M.    Solberg      
Entenza      Knoblach     Onnen        Stanek       
Erhardt      Koppendrayer Opatz        Sviggum      

Bakk         Hausman      Kahn         Murphy       Wejcman 
Dawkins      Jaros        Mariani      Rice         
Greenfield   Jefferson    McGuire      Rukavina     

Van Dellen offered an amendment to S. F. No. 2856, as amended.

Skoglund requested a division of the Van Dellen amendment to S. F. No. 2856, as amended.

Skoglund further requested that the second portion of the divided Van Dellen amendment to S. F. No. 2856, as amended, be voted on first.

The second portion of the Van Dellen amendment to S. F. No. 2856, as amended, reads as follows:

Page 47, after line 13, insert:

"Sec. 33. [REPEALER.]

Minnesota Statutes 1994, section 609.229, subdivision 1, is repealed."

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 second portion of the Van Dellen amendment and the roll was called. There were 71 yeas and 61 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Ozment       Sykora
Anderson, B. Frerichs     Krinkie      Paulsen      Tompkins
Bettermann   Girard       Larsen       Pawlenty     Tuma
Bishop       Goodno       Leppik       Pellow       Van Dellen
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8002

Boudreau     Gunther      Lindner      Pelowski     Van Engen
Bradley      Haas         Macklin      Peterson     Vickerman
Broecker     Hackbarth    Mares        Rhodes       Warkentin
Carlson, S.  Harder       McElroy      Rostberg     Weaver
Commers      Holsten      Molnau       Schumacher   Wolf
Daggett      Johnson, V.  Mulder       Seagren      Worke
Dauner       Kalis        Ness         Smith        Workman 
Davids       Kelso        Olson, M.    Stanek       
Dehler       Knight       Onnen        Sviggum      
Dempsey      Knoblach     Opatz        Swenson, D.  
Erhardt      Koppendrayer Osskopp      Swenson, H.  

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

The first portion of the Van Dellen amendment to S. F. No. 2856, as amended, reads as follows:

Page 30, after line 35, insert:

"Sec. 19. Minnesota Statutes 1994, section 609.229, subdivision 3, is amended to read:

Subd. 3. [PENALTY.] (a) If the crime committed in violation of subdivision 2 is a felony, the statutory maximum for the crime is three years longer than twice the length of the statutory maximum for the underlying crime.

(b) If the crime committed in violation of subdivision 2 is a misdemeanor, the person is guilty of a gross misdemeanor.

(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $5,000, or both."

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 Van Dellen amendment and the roll was called. There were 111 yeas and 22 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Olson, M.    Sviggum
Anderson, B. Farrell      Kraus        Onnen        Swenson, D.
Anderson, R. Finseth      Krinkie      Opatz        Swenson, H.
Bertram      Frerichs     Larsen       Orfield      Sykora
Bettermann   Girard       Leppik       Osskopp      Tompkins
Bishop       Goodno       Lieder       Osthoff      Trimble
Boudreau     Greiling     Lindner      Otremba      Tuma
Bradley      Gunther      Long         Ozment       Tunheim
Broecker     Haas         Lourey       Paulsen      Van Dellen
Brown        Hackbarth    Luther       Pawlenty     Van Engen
Carlson, L.  Harder       Macklin      Pellow       Vickerman
Carlson, S.  Hasskamp     Mahon        Pelowski     Wagenius
Carruthers   Holsten      Mares        Perlt        Warkentin
Commers      Jennings     Marko        Peterson     Weaver
Cooper       Johnson, A.  McCollum     Pugh         Wenzel
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8003

Daggett      Johnson, R.  McElroy      Rest         Winter
Dauner       Johnson, V.  McGuire      Rhodes       Wolf
Davids       Kalis        Milbert      Rostberg     Worke
Dehler       Kelley       Molnau       Schumacher   Workman 
Delmont      Kelso        Mulder       Seagren      
Dempsey      Kinkel       Murphy       Smith        
Dorn         Knight       Ness         Solberg      
Entenza      Knoblach     Olson, E.    Stanek       

Bakk         Hausman      Leighton     Rice         Wejcman
Clark        Huntley      Mariani      Rukavina     Sp.Anderson,I
Dawkins      Jaros        Munger       Sarna        
Garcia       Jefferson    Orenstein    Skoglund     
Greenfield   Kahn         Ostrom       Tomassoni    

Van Dellen offered an amendment to S. F. No. 2856, as amended.

Skoglund raised a point of order pursuant to rule 3.09 that the Van Dellen amendment was not in order. Speaker pro tempore Kahn ruled the point of order well taken and the amendment out of order.

Van Dellen appealed the decision of the Chair.

A roll call was requested and properly seconded.

The vote was taken on the question "Shall the decision of the Speaker stand as the judgment of the House?" and the roll was called. There were 69 yeas and 64 nays as follows:

Those who voted in the affirmative were:

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        Otremba      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         

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

Krinkie moved to amend S. F. No. 2856, as amended, as follows:

Page 96, after line 18, insert:

"Sec. 3. Minnesota Statutes 1994, section 243.53, subdivision 1, is amended to read:

Subdivision 1. [SEPARATE CELLS.] (a) Except as otherwise provided in paragraph (b), when there are cells sufficient, each convict shall be confined in a separate cell. Each inmate shall be confined in a separate cell in close, maximum, and high security facilities, including St. Cloud, Stillwater, and Oak Park Heights, but not including geriatric or honor dormitory-type facilities.

(b) A close, maximum, or high security correctional facility that is built or remodeled after July 1, 1996, for the purpose of increasing inmate capacity must be designed and built to comply with multiple occupancy standards for at least 25 percent of the facility's capacity and must include a maximum capacity figure."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

Skoglund moved to amend the Krinkie amendment to S. F. No. 2856, as amended, as follows:

Page 1, line 18, before the period, insert "; provided that this action does not, in the commissioner's judgment, compromise the safety of correctional staff or the security of the institution, or promote sexual contact among inmates"

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 amendment to the amendment and the roll was called. There were 64 yeas and 70 nays as follows:

Those who voted in the affirmative were:

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

Abrams       Frerichs     Larsen       Osthoff      Trimble
Anderson, B. Girard       Leppik       Ozment       Tuma
Bertram      Goodno       Lindner      Paulsen      Van Dellen
Bettermann   Gunther      Luther       Pawlenty     Van Engen
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8005

Bradley      Haas         Lynch        Pellow       Vickerman
Broecker     Hackbarth    Macklin      Pugh         Warkentin
Carlson, S.  Harder       Mares        Rostberg     Weaver
Commers      Holsten      McElroy      Seagren      Wolf
Daggett      Johnson, V.  Milbert      Smith        Worke
Davids       Kinkel       Molnau       Stanek       Workman 
Dehler       Knight       Mulder       Sviggum      
Dempsey      Knoblach     Ness         Swenson, D.  
Erhardt      Koppendrayer Olson, M.    Swenson, H.  
Farrell      Kraus        Onnen        Sykora       
Finseth      Krinkie      Osskopp      Tompkins     
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8006

The question recurred on the Krinkie amendment and the roll was called. There were 111 yeas and 21 nays as follows:

Those who voted in the affirmative were:

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

Bishop       Hausman      Johnson, A.  Munger       Wejcman 
Clark        Huntley      Johnson, R.  Orenstein    
Dawkins      Jaros        Kahn         Ostrom       
Entenza      Jefferson    Lourey       Sarna        
Greenfield   Jennings     Mariani      Skoglund     

Sykora, Van Dellen, Larsen, Hausman, Harder, Leppik, Marko, Mulder and Warkentin moved to amend S. F. No. 2856, as amended, as follows:

Page 96, after line 18, insert:

"Sec. 3. [243.555] [SMOKING BY INMATES PROHIBITED.]

No inmate in a state correctional facility may possess or use tobacco or a tobacco-related device. For the purposes of this section, "tobacco" and "tobacco-related device" have the meanings given in section 609.685, subdivision 1. This section does not prohibit the possession or use of tobacco or a tobacco-related device by an adult as a part of a traditional Indian spiritual or cultural ceremony. For purposes of this section, an Indian is a person who is a member of an Indian tribe as defined in section 257.351, subdivision 9."

Page 113, after line 10, insert:

"Section 3 is effective August 1, 1997."

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 Sykora et al amendment and the roll was called. There were 94 yeas and 39 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Lindner      Orfield      Stanek
Anderson, B. Girard       Long         Osskopp      Sviggum
Anderson, R. Goodno       Luther       Ostrom       Swenson, H.
Bertram      Gunther      Lynch        Otremba      Sykora
Bettermann   Haas         Macklin      Ozment       Tomassoni
Bishop       Harder       Mahon        Paulsen      Tompkins
Boudreau     Hasskamp     Mares        Pawlenty     Trimble
Bradley      Hausman      Marko        Pellow       Tuma
Broecker     Johnson, V.  McCollum     Pelowski     Tunheim
Carlson, L.  Kahn         McElroy      Peterson     Van Dellen
Carlson, S.  Kalis        McGuire      Pugh         Vickerman
Carruthers   Kelley       Molnau       Rest         Wagenius
Commers      Knight       Mulder       Rhodes       Warkentin
Daggett      Knoblach     Murphy       Rostberg     Weaver
Dauner       Koppendrayer Ness         Schumacher   Wenzel
Dempsey      Larsen       Olson, E.    Seagren      Worke
Dorn         Leighton     Olson, M.    Skoglund     Workman
Farrell      Leppik       Onnen        Smith        Sp.Anderson,I
Finseth      Lieder       Opatz        Solberg      

Bakk         Entenza      Jaros        Krinkie      Rukavina
Brown        Erhardt      Jefferson    Lourey       Sarna
Clark        Frerichs     Jennings     Mariani      Swenson, D.
Cooper       Greenfield   Johnson, A.  Milbert      Van Engen
Davids       Greiling     Johnson, R.  Munger       Wejcman
Dawkins      Hackbarth    Kelso        Orenstein    Winter
Dehler       Holsten      Kinkel       Osthoff      Wolf 
Delmont      Huntley      Kraus        Perlt        

McGuire moved to amend S. F. No. 2856, as amended, as follows:

Page 47, after line 22, insert:

"Section 17 is effective March 1, 1997, and applies to offenses committed on or after that date."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Anderson, B., moved to amend S. F. No. 2856, as amended, as follows:

Page 6, delete lines 5 to 8 and readjust the totals accordingly

Pages 15 to 16, delete section 6 and renumber the remaining sections

A roll call was requested and properly seconded.

The question was taken on the Anderson, B., amendment and the roll was called. There were 60 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams       Frerichs     Kraus        Ozment       Van Dellen
Anderson, B. Girard       Krinkie      Paulsen      Van Engen
Bettermann   Goodno       Larsen       Pawlenty     Vickerman
Bishop       Gunther      Lindner      Pellow       Warkentin
Boudreau     Haas         Lynch        Rostberg     Weaver
Bradley      Hackbarth    Macklin      Seagren      Wolf
Carlson, S.  Harder       Mares        Smith        Worke
Commers      Holsten      McElroy      Sviggum      Workman
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8008

Daggett      Jennings     Molnau       Swenson, D.  
Davids       Johnson, V.  Mulder       Swenson, H.  
Dehler       Knight       Ness         Sykora       
Erhardt      Knoblach     Olson, M.    Tompkins     
Finseth      Koppendrayer Onnen        Tuma         

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

Pellow moved to amend S. F. No. 2856, as amended, as follows:

Page 75, after line 6, insert:

"Section 1. Minnesota Statutes 1994, section 13.82, is amended by adding a subdivision to read:

Subd. 2a. [RELEASE OF DATA TO CRIME VICTIMS.] (a) Except as provided in paragraph (b), on receipt of a written request, the law enforcement agency shall release the following arrest data to the victim of a criminal act or alleged criminal act or to the victim's legal representative:

(1) the name and address of a juvenile person alleged to have committed a criminal act; and

(2) the name and address of the parents or guardians of the alleged juvenile perpetrator.

(b) Arrest data shall not be released under paragraph (a) if the law enforcement agency reasonably believes that:

(1) release of the data will interfere with the investigation; or

(2) the request is prompted by a desire on the part of the requester to engage in unlawful activities."

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 Pellow amendment and the roll was called. There were 109 yeas and 23 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Orenstein    Sviggum
Anderson, B. Frerichs     Larsen       Orfield      Swenson, D.
Bettermann   Garcia       Leighton     Osskopp      Swenson, H.
Bishop       Girard       Leppik       Osthoff      Sykora
Boudreau     Goodno       Lieder       Ostrom       Tomassoni
Bradley      Gunther      Lindner      Otremba      Tompkins
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8009

Broecker     Haas         Long         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      Jefferson    Mares        Peterson     Vickerman
Cooper       Jennings     Marko        Pugh         Wagenius
Daggett      Johnson, A.  McElroy      Rest         Warkentin
Dauner       Johnson, V.  Milbert      Rhodes       Weaver
Davids       Kalis        Molnau       Rostberg     Wenzel
Dehler       Kelso        Mulder       Sarna        Winter
Delmont      Kinkel       Ness         Schumacher   Wolf
Dempsey      Knight       Olson, E.    Seagren      Worke
Dorn         Knoblach     Olson, M.    Skoglund     Workman
Erhardt      Koppendrayer Onnen        Smith        Sp.Anderson,I
Farrell      Kraus        Opatz        Stanek       

Anderson, R. Entenza      Jaros        Mariani      Rukavina
Bakk         Greenfield   Johnson, R.  McCollum     Solberg
Bertram      Greiling     Kahn         McGuire      Wejcman 
Brown        Hausman      Kelley       Munger       
Dawkins      Huntley      Lourey       Perlt        

Van Engen, Stanek, Lynch, Finseth, Solberg, Jennings, Kinkel, Hasskamp, Cooper, Bakk, Dauner, Rukavina, Delmont, Kalis, Davids, Milbert, Otremba, Peterson, Tunheim and Johnson, V., moves to amend S. F. No. 2856, as amended, as follows:

Page 59, lines 16 to 20, delete the new language and reinstate the stricken language

A roll call was requested and properly seconded.

The question was taken on the Van Engen et al amendment and the roll was called. There were 110 yeas and 22 nays as follows:

Those who voted in the affirmative were:

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

Carruthers   Greenfield   Kahn         McGuire      Wagenius
Clark        Greiling     Kelley       Orenstein    Wejcman 
Dawkins      Hausman      Leppik       Orfield      
Entenza      Jaros        Long         Osthoff      
Garcia       Jefferson    Mariani      Skoglund     

Rukavina, Milbert, Jaros, Opatz, Peterson, Hackbarth, Ness, Tomassoni, Solberg, Smith, Kalis and Osskopp moved to amend S. F. No. 2856, as amended, as follows:

Page 141, after line 34, insert:

Section 1. [241.265] [COLLEGE EDUCATION; PAYMENT PROHIBITED FOR CERTAIN MURDERERS.]

The commissioner of corrections may not, out of money appropriated to the commissioner, pay for a college education program for an inmate under the commissioner's custody and control if the inmate is serving a term of imprisonment for murder in the first degree under section 609.185 or murder in the second degree under section 609.19."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Olson, M., moved to amend S. F. No. 2856, as amended, as follows:

Page 5, after line 19, insert:

"The commissioner shall make recommendations to the legislature by January 1, 1997, on how the state can reduce prison operating costs at current inmate levels by five percent each fiscal biennium and by 25 percent over a ten-year period. The commissioner shall also identify potential problems, if any, raised by achieving the cost reductions."

The motion prevailed and the amendment was adopted.

Stanek moved to amend S. F. No. 2856, as amended, as follows:

Page 12, line 7, delete "a committee consisting of" and delete the comma and insert "of public safety after consulting with and obtaining the recommendations of"

Page 12, line 8, delete the comma

Page 13, delete lines 30 to 36, and insert:

"Subd. 2. [AWARDING GRANTS.] The commissioner of public safety shall act as fiscal agent for the grant program and shall be responsible for receiving applications for grants and awarding grants under this section. Before making a grant, the commissioner shall consult with and obtain the recommendations of the attorney general, the United States attorney for the state of Minnesota, 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."

Page 14, delete lines 1 to 3

Page 14, line 6, delete "coordinating committee" and insert "commissioner"

Page 14, line 7, delete "weed and seed coordinating committee" and insert "commissioner"

Page 15, line 14, delete "attorney general" and insert "United States attorney for the state of Minnesota"

A roll call was requested and properly seconded.

The question was taken on the Stanek amendment and the roll was called. There were 73 yeas and 60 nays as follows:

Those who voted in the affirmative were:

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

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

The Speaker resumed the Chair.

Pellow moved to amend S. F. No. 2856, as amended, as follows:

Page 52, line 31, after "1;" insert "609.52, when the act involves the theft of a motor vehicle;"

A roll call was requested and properly seconded.

The question was taken on the Pellow amendment and the roll was called. There were 122 yeas and 9 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Kraus        Olson, M.    Solberg
Anderson, B. Finseth      Krinkie      Onnen        Stanek
Anderson, R. Frerichs     Larsen       Opatz        Sviggum
Bakk         Garcia       Leighton     Orenstein    Swenson, D.
Bertram      Girard       Leppik       Orfield      Swenson, H.
Bettermann   Goodno       Lieder       Osskopp      Sykora
Boudreau     Greiling     Lindner      Osthoff      Tomassoni
Bradley      Gunther      Long         Ostrom       Tompkins
Broecker     Haas         Lourey       Ozment       Trimble
Brown        Hackbarth    Luther       Paulsen      Tuma
Carlson, L.  Harder       Lynch        Pawlenty     Tunheim
Carlson, S.  Hasskamp     Macklin      Pellow       Van Dellen
Carruthers   Holsten      Mares        Pelowski     Van Engen
Clark        Huntley      Mariani      Perlt        Vickerman
Commers      Jefferson    Marko        Peterson     Wagenius
Cooper       Jennings     McCollum     Pugh         Warkentin
Daggett      Johnson, R.  McElroy      Rest         Wenzel
Dauner       Johnson, V.  McGuire      Rhodes       Winter
Davids       Kalis        Milbert      Rostberg     Wolf
Dehler       Kelley       Molnau       Rukavina     Worke
Delmont      Kelso        Mulder       Sarna        Workman
Dempsey      Kinkel       Munger       Schumacher   Sp.Anderson,I
Dorn         Knight       Murphy       Seagren      
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8012

Entenza      Knoblach     Ness         Skoglund     
Erhardt      Koppendrayer Olson, E.    Smith        

Dawkins      Hausman      Johnson, A.  Otremba      Wejcman 
Greenfield   Jaros        Kahn         Weaver       

Delmont moved to amend S. F. No. 2856, as amended, as follows:

Page 96, after line 18, insert:

"Sec. 3. [243.554] [NO ACCESS TO CABLE TELEVISION.]

No inmate of a state correctional facility shall have access to cable television except for religious and educational purposes."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Carlson, S., moved to amend S. F. No. 2856, as amended, as follows:

Page 93, after line 8, insert:

"Sec. 9. Minnesota Statutes 1995 Supplement, section 611A.19, subdivision 1, is amended to read:

Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon the request or with the consent of the victim, the prosecutor shall, at the offender's first appearance or at any later time during the proceedings, make a motion in camera and the sentencing court shall issue an order requiring an adult convicted of charged or a juvenile adjudicated delinquent petitioned for violating section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or any other violent crime, as defined in section 609.152, to submit to testing to determine the presence of human immunodeficiency virus (HIV) antibody if:

(1) the crime involved sexual penetration, however slight, as defined in section 609.341, subdivision 12; or

(2) evidence exists that the broken skin or mucous membrane of the victim was exposed to or had contact with the offender's semen or blood during the commission of the crime in a manner which has been demonstrated epidemiologically to transmit the human immunodeficiency virus (HIV).

(b) When the court orders an offender to submit to testing under paragraph (a), the court shall order that the test be performed by an appropriate health professional who is trained to provide the counseling described in section 144.763, and that no reference to the test, the motion requesting the test, the test order, or the test results may appear in the criminal record or be maintained in any record of the court or court services."

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 Carlson, S., amendment and the roll was called. There were 117 yeas and 14 nays as follows:

Those who voted in the affirmative were:

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

Bakk         Entenza      Hausman      Kelley       Rukavina
Clark        Greenfield   Jaros        Lourey       Wejcman 
Dawkins      Greiling     Kahn         Orfield      

Olson, M., moved to amend S. F. No. 2856, as amended, as follows:

Page 24, after line 14, insert:

"Sec. 11. Minnesota Statutes 1994, section 244.05, subdivision 4, is amended to read:

Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate serving a mandatory life sentence under section 609.184 must not be given supervised release under this section. An inmate serving a mandatory life sentence under section 609.185, clause (1), (3), (5), or (6); or 609.346, subdivision 2a, must not be given supervised release under this section without having served a minimum term of 30 years. An inmate serving a mandatory life sentence under section 609.385 must not be given supervised release under this section without having served a minimum term of imprisonment of 17 years.

Sec. 12. Minnesota Statutes 1994, section 244.05, subdivision 5, is amended to read:

Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The commissioner of corrections may, under rules promulgated by the commissioner, give supervised release to an inmate serving a mandatory life sentence under section 609.185, clause (1), (3), (5), or (6); 609.346, subdivision 2a; or 609.385 after the inmate has served the minimum term of imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a community investigation report and shall consider the findings of the report when making a supervised release decision under this subdivision. The report shall reflect the sentiment of the various elements of the community toward the inmate, both at the time of the offense and at the present time. The report shall include the views of the sentencing judge, the prosecutor, any law enforcement personnel who may have been involved in the case, and any successors to these individuals who may have information relevant to the supervised release decision. The report shall also include the views of the victim and the victim's family unless the victim or the victim's family chooses not to participate.

(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of the time and place of the inmate's supervised release review hearing. The victim has a right to submit an oral or written statement at the review hearing. The statement may summarize the harm suffered by the victim as a result of the crime and give the victim's recommendation on whether the inmate should be given supervised release at this time. The commissioner must consider the victim's statement when making the supervised release decision.

(d) As used in this subdivision, "victim" means the individual who suffered harm as a result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse or next of kin."

Page 26, after line 17, insert:

"Sec. 15. Minnesota Statutes 1994, section 609.184, subdivision 2, is amended to read:

Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence a person to life imprisonment without possibility of release under the following circumstances:

(1) when the person is convicted of first degree murder under section 609.185, clause (2) or (4); or

(2) the person is convicted of first degree murder under section 609.185, clause (1), (3), (5), or (6), and the court determines on the record at the time of sentencing that the person has one or more previous convictions for a heinous crime."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called. There were 76 yeas and 55 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Krinkie      Osskopp      Swenson, H.
Anderson, B. Frerichs     Larsen       Osthoff      Sykora
Anderson, R. Girard       Lindner      Otremba      Tompkins
Bertram      Goodno       Long         Ozment       Trimble
Bettermann   Gunther      Luther       Paulsen      Tuma
Boudreau     Haas         Lynch        Pawlenty     Van Dellen
Bradley      Hackbarth    Macklin      Pellow       Van Engen
Carlson, L.  Harder       Mares        Pelowski     Vickerman
Carlson, S.  Hasskamp     Marko        Peterson     Warkentin
Commers      Holsten      McCollum     Pugh         Wolf
Cooper       Johnson, V.  Milbert      Rest         Worke
Daggett      Kinkel       Molnau       Rostberg     Workman 
Davids       Knight       Mulder       Seagren      
Dehler       Knoblach     Ness         Smith        
Dempsey      Koppendrayer Olson, M.    Stanek       
Erhardt      Kraus        Onnen        Sviggum      

Bakk         Garcia       Kelley       Olson, E.    Tomassoni
Bishop       Greenfield   Kelso        Opatz        Tunheim
Broecker     Greiling     Leighton     Orenstein    Wagenius
Brown        Hausman      Leppik       Orfield      Weaver
Carruthers   Huntley      Lieder       Ostrom       Wejcman
Clark        Jaros        Lourey       Perlt        Winter
Dauner       Jefferson    Mahon        Rhodes       Sp.Anderson,I
Dawkins      Jennings     Mariani      Rukavina     
Delmont      Johnson, A.  McElroy      Sarna        
Dorn         Johnson, R.  McGuire      Skoglund     
Entenza      Kahn         Munger       Solberg      
Farrell      Kalis        Murphy       Swenson, D.  

Macklin moved to amend S. F. No. 2856, as amended, as follows:

Pages 59 and 60, delete section 20 and insert:

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

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

(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 or has a personal safety hazard not resulting from their own criminal activity or from being a member of a criminal gang."

A roll call was requested and properly seconded.

The question was taken on the Macklin amendment and the roll was called. There were 100 yeas and 31 nays as follows:

Those who voted in the affirmative were:

Abrams       Erhardt      Koppendrayer Opatz        Sykora
Anderson, B. Farrell      Kraus        Osskopp      Tomassoni
Anderson, R. Finseth      Krinkie      Ostrom       Tompkins
Bakk         Frerichs     Larsen       Otremba      Tuma
Bertram      Girard       Lieder       Ozment       Tunheim
Bettermann   Goodno       Lindner      Paulsen      Van Dellen
Bishop       Gunther      Lourey       Pawlenty     Van Engen
Boudreau     Haas         Lynch        Pellow       Vickerman
Bradley      Hackbarth    Macklin      Pelowski     Warkentin
Broecker     Harder       Mahon        Perlt        Weaver
Brown        Hasskamp     Mares        Peterson     Wenzel
Carlson, S.  Holsten      McElroy      Pugh         Winter
Commers      Huntley      Milbert      Rostberg     Wolf
Cooper       Jennings     Molnau       Rukavina     Worke
Daggett      Johnson, R.  Mulder       Schumacher   Workman
Dauner       Johnson, V.  Munger       Smith        Sp.Anderson,I
Davids       Kalis        Murphy       Solberg      
Dehler       Kelso        Ness         Stanek       
Delmont      Kinkel       Olson, E.    Sviggum      
Dempsey      Knight       Olson, M.    Swenson, D.  
Dorn         Knoblach     Onnen        Swenson, H.  

Carlson, L.  Greiling     Leighton     McGuire      Skoglund
Carruthers   Hausman      Leppik       Orenstein    Wagenius
Clark        Jaros        Long         Orfield      Wejcman 
Dawkins      Jefferson    Luther       Osthoff      
Entenza      Johnson, A.  Mariani      Rest         
Garcia       Kahn         Marko        Rhodes       
Greenfield   Kelley       McCollum     Sarna        

Van Engen; Anderson, R.; Tompkins; Hasskamp; Jennings; Macklin; Otremba; Bakk; Cooper; Johnson, R.; Finseth and Rukavina moved to amend S. F. No. 2856, as amended, as follows:

Page 53, delete section 6

Page 53, lines 21 and 22, delete the new language

Page 53, line 23, delete everything before "firearm"

Pages 60 to 62, delete section 22

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Van Engen et al amendment and the roll was called. There were 58 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Finseth      Koppendrayer Olson, E.    Swenson, D.
Anderson, R. Frerichs     Kraus        Olson, M.    Swenson, H.
Bakk         Girard       Krinkie      Onnen        Tomassoni
Bertram      Gunther      Larsen       Otremba      Tunheim
Bettermann   Hackbarth    Leighton     Pugh         Van Engen
Boudreau     Hasskamp     Lindner      Rhodes       Vickerman
Bradley      Holsten      Macklin      Rostberg     Wenzel
Brown        Jennings     Mares        Rukavina     Worke
Cooper       Johnson, R.  Milbert      Schumacher   Workman
Daggett      Johnson, V.  Mulder       Smith        Sp.Anderson,I
Davids       Kalis        Murphy       Solberg      
Dehler       Knight       Ness         Sviggum      

Abrams       Garcia       Knoblach     Opatz        Sarna
Broecker     Goodno       Leppik       Orenstein    Seagren
Carlson, L.  Greenfield   Lieder       Orfield      Skoglund
Carlson, S.  Greiling     Long         Osskopp      Stanek
Carruthers   Haas         Lourey       Osthoff      Sykora
Clark        Harder       Luther       Ostrom       Tompkins
Commers      Hausman      Lynch        Ozment       Trimble
Dauner       Huntley      Mahon        Paulsen      Tuma
Dawkins      Jaros        Mariani      Pawlenty     Van Dellen
Delmont      Jefferson    Marko        Pellow       Wagenius
Dempsey      Johnson, A.  McCollum     Pelowski     Warkentin
Dorn         Kahn         McElroy      Perlt        Weaver
Entenza      Kelley       McGuire      Peterson     Wejcman
Erhardt      Kelso        Molnau       Rest         Winter
Farrell      Kinkel       Munger       Rice         Wolf 

Pellow moved to amend S. F. No. 2856, as amended, as follows:

Page 5, delete lines 1 to 4, and adjust the totals accordingly

Pages 97 to 103, delete sections 4 to 13

Pages 108 to 113, delete sections 15 to 19

Page 113, delete lines 6 to 7

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 Pellow amendment and the roll was called. There were 26 yeas and 107 nays as follows:

Those who voted in the affirmative were:

Abrams       Girard       Krinkie      Onnen        Worke
Anderson, B. Gunther      Lindner      Paulsen      Workman 
Bradley      Haas         Lynch        Pellow       
Carlson, S.  Harder       McElroy      Tuma         
Commers      Holsten      Mulder       Warkentin    
Frerichs     Koppendrayer Olson, M.    Weaver       

Anderson, R. Farrell      Kraus        Orenstein    Solberg
Bakk         Finseth      Larsen       Orfield      Stanek
Bertram      Garcia       Leighton     Osskopp      Sviggum
Bettermann   Goodno       Leppik       Osthoff      Swenson, D.
Bishop       Greenfield   Lieder       Ostrom       Swenson, H.
Boudreau     Greiling     Long         Otremba      Sykora
Broecker     Hackbarth    Lourey       Ozment       Tomassoni
Brown        Hasskamp     Luther       Pawlenty     Tompkins
Carlson, L.  Hausman      Macklin      Pelowski     Trimble
Carruthers   Huntley      Mahon        Perlt        Tunheim
Clark        Jaros        Mares        Peterson     Van Dellen
Cooper       Jefferson    Mariani      Pugh         Van Engen
Daggett      Jennings     Marko        Rest         Vickerman
Dauner       Johnson, A.  McCollum     Rhodes       Wagenius
Davids       Johnson, R.  McGuire      Rice         Wejcman
Dawkins      Johnson, V.  Milbert      Rostberg     Wenzel
Dehler       Kahn         Molnau       Rukavina     Winter
Delmont      Kelley       Munger       Sarna        Wolf
Dempsey      Kelso        Murphy       Schumacher   Sp.Anderson,I
Dorn         Kinkel       Ness         Seagren      
Entenza      Knight       Olson, E.    Skoglund     
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8017

Erhardt      Knoblach     Opatz        Smith        

Milbert moved that the vote whereby the Stanek amendment to S. F. No. 2856, as amended, was adopted earlier today, be now reconsidered.

A roll call was requested and properly seconded.

The question was taken on the Milbert motion and the roll was called. There were 56 yeas and 75 nays as follows:

Those who voted in the affirmative were:

Bakk         Hasskamp     Lourey       Ostrom       Solberg
Bertram      Huntley      Luther       Otremba      Tomassoni
Brown        Jaros        Mahon        Pelowski     Trimble
Carlson, L.  Jefferson    Marko        Perlt        Tunheim
Carruthers   Jennings     McCollum     Peterson     Wagenius
Cooper       Johnson, A.  McGuire      Pugh         Wenzel
Dauner       Kalis        Milbert      Rest         Winter
Delmont      Kelley       Munger       Rice         Sp.Anderson,I
Dorn         Kelso        Murphy       Rukavina     
Farrell      Kinkel       Olson, E.    Sarna        
Garcia       Leighton     Opatz        Schumacher   
Greiling     Lieder       Osthoff      Skoglund     

Abrams       Dempsey      Kahn         Mulder       Stanek
Anderson, B. Entenza      Knight       Ness         Sviggum
Anderson, R. Erhardt      Knoblach     Olson, M.    Swenson, D.
Bettermann   Finseth      Koppendrayer Onnen        Swenson, H.
Bishop       Frerichs     Kraus        Orenstein    Sykora
Boudreau     Girard       Krinkie      Orfield      Tompkins
Bradley      Goodno       Larsen       Osskopp      Tuma
Broecker     Greenfield   Leppik       Ozment       Van Dellen
Carlson, S.  Gunther      Lindner      Paulsen      Van Engen
Clark        Haas         Long         Pawlenty     Vickerman
Commers      Hackbarth    Lynch        Pellow       Warkentin
Daggett      Harder       Macklin      Rhodes       Weaver
Davids       Hausman      Mares        Rostberg     Wolf
Dawkins      Holsten      McElroy      Seagren      Worke
Dehler       Johnson, V.  Molnau       Smith        Workman 

Stanek moved to amend S. F. No. 2856, as amended, as follows:

Page 84, after line 9, insert:

"Sec. 10. Minnesota Statutes 1994, section 260.185, subdivision 1a, is amended to read:

Subd. 1a. [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] (a) If the child is petitioned and found delinquent by the court, and the court also finds that the child was in possession of a firearm at the time of the offense, in addition to any other disposition the court shall order that the firearm be immediately seized and shall

order that the child be required to serve at least 100 hours of community work service unless the child is placed in a residential treatment program or a juvenile correctional facility.

(b) If the child is petitioned and found delinquent by the court, and the court finds that the child was in possession of a dangerous weapon in a school zone, as defined in section 152.01, subdivision 14a, clauses (1) and (3), at the time of the offense, the court also shall order that the child's driver's license be canceled or driving privileges denied until the child's 18th birthday. The court shall send a copy of its order to the commissioner of public safety and, upon receipt of the order, the commissioner is authorized to cancel the child's driver's license or deny the child's driving privileges without a hearing.

(c) If the child is petitioned and found delinquent by the court for illegally possessing a pistol in violation of section 624.713, the court shall order that the child be committed to the custody of a county home school or the commissioner of corrections and incarcerated for not less than 30 days."

Page 85, after line 34, insert:

"Sec. 14. Minnesota Statutes 1994, section 624.713, subdivision 2, is amended to read:

Subd. 2. [PENALTIES.] 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. A person named in any other clause of subdivision 1 who possesses a pistol or semiautomatic military-style assault weapon is guilty of a gross misdemeanor. Any minor convicted of unlawfully possessing a pistol under this section who receives a stayed sentence must be sentenced to at least 30 days' imprisonment in a local correctional facility as a condition of probation."

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 Stanek amendment and the roll was called. There were 132 yeas and 1 nay as follows:

Those who voted in the affirmative were:

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

Bishop                    

Orenstein moved to amend S. F. No. 2856, as amended, as follows:

Page 58, after line 35, insert:

"Sec. 18. Minnesota Statutes 1994, section 624.7131, subdivision 6, is amended to read:

Subd. 6. [PERMITS VALID STATEWIDE.] Transferee permits issued pursuant to this section are valid statewide and shall expire after one year. A transferee permit may be renewed in the same manner and subject to the same provisions by which the original permit was obtained, except that all renewed permits must comply with the standards adopted by the commissioner of public safety under section 624.7151. No person may be the transferee of more than 12 pistols or semiautomatic military-style assault weapons in a 12-month period. Permits issued pursuant to this section are not transferable. A person who transfers a permit in violation of this subdivision is guilty of a misdemeanor."

Page 59, after line 7, insert:

"Sec. 20. Minnesota Statutes 1994, section 624.7132, subdivision 9, is amended to read:

Subd. 9. [NUMBER OF PISTOLS OR SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS.] Any number of pistols or semiautomatic military-style assault weapons may be the subject of a single transfer agreement and report to the chief of police or sheriff, except that no person shall be the transferee of more than 12 pistols or semiautomatic military-style assault weapons in a 12-month period. Nothing in this section or section 624.7131 shall otherwise be construed to limit or restrict the number of pistols or semiautomatic military-style assault weapons a person may acquire."

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 Orenstein amendment and the roll was called. There were 34 yeas and 97 nays as follows:

Those who voted in the affirmative were:

Bishop       Farrell      Jefferson    Marko        Rest
Bradley      Garcia       Johnson, A.  McCollum     Rice
Carlson, L.  Greenfield   Kahn         McGuire      Sarna
Clark        Greiling     Kelley       Munger       Skoglund
Dauner       Harder       Lieder       Orenstein    Wagenius
Dawkins      Hausman      Long         Orfield      Wejcman 
Entenza      Jaros        Mariani      Osthoff      

Abrams       Finseth      Larsen       Ostrom       Swenson, H.
Anderson, B. Frerichs     Leighton     Otremba      Sykora
Anderson, R. Girard       Leppik       Ozment       Tomassoni
Bakk         Goodno       Lindner      Paulsen      Tompkins
Bertram      Gunther      Lourey       Pawlenty     Trimble
Bettermann   Haas         Luther       Pellow       Tuma
Boudreau     Hackbarth    Lynch        Pelowski     Tunheim
Broecker     Hasskamp     Macklin      Perlt        Van Dellen
Brown        Holsten      Mahon        Peterson     Van Engen
Carlson, S.  Huntley      Mares        Pugh         Vickerman
Carruthers   Jennings     McElroy      Rhodes       Warkentin
Commers      Johnson, R.  Molnau       Rostberg     Weaver
Cooper       Johnson, V.  Mulder       Rukavina     Wenzel
Daggett      Kalis        Murphy       Schumacher   Winter
Davids       Kelso        Ness         Seagren      Wolf
Dehler       Kinkel       Olson, E.    Smith        Worke
Delmont      Knight       Olson, M.    Solberg      Workman 
Dempsey      Koppendrayer Onnen        Stanek       
Dorn         Kraus        Opatz        Sviggum      
Erhardt      Krinkie      Osskopp      Swenson, D.  

Ness moved to amend S. F. No. 2856, as amended, as follows:

Page 40, after line 27, insert:

"Sec. 27. Minnesota Statutes 1994, section 609.535, subdivision 2a, is amended to read:

Subd. 2a. [PENALTIES.] (a) A person who is convicted of issuing a dishonored check under subdivision 2 may be sentenced as follows:

(1) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the dishonored check, or checks aggregated under paragraph (b), is more than $250; or

(2) to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both, if the value of the dishonored check, or checks aggregated under paragraph (b), is not more than $250. provided in section 609.52, subdivision 3.

(b) In a prosecution under this subdivision, the value of dishonored checks issued by the defendant in violation of this subdivision within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the dishonored checks was issued for all of the offenses aggregated under this paragraph."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Ness amendment and the roll was called. There were 120 yeas and 13 nays as follows:

Those who voted in the affirmative were:

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

Dawkins      Greenfield   Kahn         Mariani      Sp.Anderson,I
Entenza      Hausman      Leighton     Orfield      
Farrell      Jaros        Lourey       Rice         

Anderson, R., and Van Engen moved to amend S. F. No. 2856, as amended, as follows:

Page 58, after line 18, insert:

"Sec. 17. Minnesota Statutes 1995 Supplement, section 624.713, subdivision 1, is amended to read:

Subdivision 1. [INELIGIBLE PERSONS.] The following persons shall not be entitled to possess a pistol or semiautomatic military-style assault weapon or, except for paragraph (a), any other firearm:

(a) a person under the age of 18 years except that a person under 18 may carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence or under the direct supervision of the person's parent or guardian, or outside Minneapolis and St. Paul the parent's or guardian's adult agent or any other adult authorized by the parent or guardian, (ii) for the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision, (iii) for the purpose of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources;

(b) except as otherwise provided in clause (i), a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence unless ten years have elapsed since the person has been restored to civil rights or the sentence or disposition has expired, whichever occurs first, and during that time the person has not been convicted of or adjudicated for any other crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state;

(c) a person who is or has ever been confined in Minnesota or elsewhere as a "mentally ill," "mentally retarded," or "mentally ill and dangerous to the public" person as defined in section 253B.02, to a treatment facility, or who has ever been found incompetent to stand trial or not guilty by reason of mental illness, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof that the person is no longer suffering from this disability;

(d) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, or a person who is or has ever been hospitalized or committed for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person possesses a certificate of a medical doctor or psychiatrist licensed in Minnesota, or other satisfactory proof, that the person has not abused a controlled substance or marijuana during the previous two years;

(e) a person who has been confined or committed to a treatment facility in Minnesota or elsewhere as "chemically dependent" as defined in section 253B.02, unless the person has completed treatment. Property rights may not be abated but access may be restricted by the courts;

(f) a peace officer who is informally admitted to a treatment facility pursuant to section 253B.04 for chemical dependency, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility. Property rights may not be abated but access may be restricted by the courts;

(g) a person, including a person under the jurisdiction of the juvenile court, who has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court before disposition, until the person has completed the diversion program and the charge of committing the crime of violence has been dismissed;

(h) except as otherwise provided in clause (i), a person who has been convicted in another state of committing an offense similar to the offense described in section 609.224, subdivision 3, against a family or household member or section 609.2242, subdivision 3, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, subdivision 3, or a similar law of another state;

(i) a person who has been convicted in this state or elsewhere of assaulting a family or household member and who was found by the court to have used a firearm in any way during commission of the assault is prohibited from possessing any type of firearm for the period determined by the sentencing court; or

(j) a person who:

(1) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;

(2) is a fugitive from justice as a result of having fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding;

(3) is an unlawful user of any controlled substance as defined in chapter 152;

(4) has been judicially committed to a treatment facility in Minnesota or elsewhere as a "mentally ill," "mentally retarded," or "mentally ill and dangerous to the public" person as defined in section 253B.02;

(5) is an alien who is illegally or unlawfully in the United States;

(6) has been discharged from the armed forces of the United States under dishonorable conditions; or

(7) has renounced the person's citizenship having been a citizen of the United States.

A person who issues a certificate pursuant to this subdivision in good faith is not liable for damages resulting or arising from the actions or misconduct with a firearm committed by the individual who is the subject of the certificate.

The prohibition in this subdivision relating to the possession of firearms other than pistols and semiautomatic military-style assault weapons does not apply retroactively to persons who are prohibited from possessing a pistol or semiautomatic military-style assault weapon under this subdivision before August 1, 1994."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

Wejcman and Anderson, R., moved to amend the Anderson, R., and Van Engen amendment to S. F. No. 2856, as amended, as follows:

Page 1, line 12 of the Anderson R., and Van Engen amendment, after "(i)" insert "outside the counties of Anoka, Carver, Dakota, Hennepin, Scott, Ramsey, and Washington and"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 20 yeas and 111 nays as follows:

Those who voted in the affirmative were:

Clark        Greenfield   Kahn         McGuire      Rice
Dawkins      Greiling     Kelley       Munger       Skoglund
Entenza      Hausman      Long         Orenstein    Wagenius
Garcia       Jaros        Mariani      Orfield      Wejcman 

Abrams       Erhardt      Kraus        Onnen        Swenson, D.
Anderson, B. Farrell      Krinkie      Opatz        Swenson, H.
Anderson, R. Finseth      Larsen       Osskopp      Sykora
Bakk         Frerichs     Leighton     Ostrom       Tomassoni
Bertram      Girard       Leppik       Otremba      Tompkins
Bettermann   Goodno       Lieder       Ozment       Trimble
Bishop       Gunther      Lindner      Paulsen      Tuma
Boudreau     Haas         Lourey       Pawlenty     Tunheim
Bradley      Hackbarth    Luther       Pellow       Van Dellen
Broecker     Harder       Lynch        Pelowski     Van Engen
Brown        Hasskamp     Macklin      Perlt        Vickerman
Carlson, L.  Holsten      Mahon        Peterson     Warkentin
Carlson, S.  Huntley      Mares        Pugh         Weaver
Carruthers   Jennings     Marko        Rest         Wenzel
Commers      Johnson, A.  McCollum     Rhodes       Winter
Cooper       Johnson, R.  McElroy      Rostberg     Wolf
Daggett      Johnson, V.  Milbert      Rukavina     Worke
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8023

Dauner       Kalis        Molnau       Schumacher   Workman
Davids       Kelso        Mulder       Seagren      Sp.Anderson,I
Dehler       Kinkel       Murphy       Smith        
Delmont      Knight       Ness         Solberg      
Dempsey      Knoblach     Olson, E.    Stanek       
Dorn         Koppendrayer Olson, M.    Sviggum      

The question recurred on the Anderson, R., and Van Engen amendment to S. F. No. 2856, as amended. The motion prevailed and the amendment was adopted.

Orenstein moved to amend S. F. No. 2856, as amended, as follows:

Page 59, after line 7, insert:

"Sec. 19. Minnesota Statutes 1994, section 624.7132, subdivision 12, is amended to read:

Subd. 12. [EXCLUSIONS.] Except as otherwise provided in section 609.66, subdivision 1f, This section shall not apply to transfers of antique firearms as curiosities or for their historical significance or value, transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:

(a) a transfer by a person other than a federally licensed firearms dealer;

(b) a loan to a prospective transferee if the loan is intended for a period of no more than one day;

(c) (b) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the purpose of repair, reconditioning or remodeling;

(d) (c) a loan by a teacher to a student in a course designed to teach marksmanship or safety with a pistol and approved by the commissioner of natural resources;

(e) (d) a loan between persons at a firearms collectors exhibition;

(f) (e) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;

(g) (f) a loan between law enforcement officers who have the power to make arrests other than citizen arrests; and

(h) (g) a loan between employees or between the employer and an employee in a business if the employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of employment and is the holder of a valid permit to carry a pistol."

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 Orenstein amendment and the roll was called. There were 32 yeas and 98 nays as follows:

Those who voted in the affirmative were:

Carlson, L.  Garcia       Kahn         McGuire      Skoglund
Carruthers   Greenfield   Kelley       Munger       Trimble
Clark        Greiling     Lieder       Orenstein    Wagenius
Dauner       Hausman      Long         Orfield      Wejcman 
Entenza      Jaros        Mariani      Osthoff      
Erhardt      Jefferson    Marko        Rest         
Farrell      Johnson, A.  McCollum     Rice         

Abrams       Finseth      Kraus        Onnen        Stanek
Anderson, B. Frerichs     Krinkie      Opatz        Sviggum
Anderson, R. Girard       Larsen       Osskopp      Swenson, D.
Bakk         Goodno       Leighton     Ostrom       Swenson, H.
Bertram      Gunther      Leppik       Otremba      Sykora
Bettermann   Haas         Lindner      Ozment       Tomassoni
Bishop       Hackbarth    Lourey       Paulsen      Tompkins
Boudreau     Harder       Luther       Pawlenty     Tuma
Bradley      Hasskamp     Lynch        Pellow       Tunheim
Broecker     Holsten      Macklin      Pelowski     Van Dellen
Brown        Huntley      Mahon        Perlt        Van Engen
Carlson, S.  Jennings     Mares        Peterson     Vickerman
Commers      Johnson, R.  McElroy      Pugh         Warkentin
Cooper       Johnson, V.  Milbert      Rhodes       Weaver
Daggett      Kalis        Molnau       Rostberg     Wenzel
Davids       Kelso        Mulder       Rukavina     Wolf
Dehler       Kinkel       Murphy       Schumacher   Worke
Delmont      Knight       Ness         Seagren      Workman 
Dempsey      Knoblach     Olson, E.    Smith        
Dorn         Koppendrayer Olson, M.    Solberg      

Orenstein moved to amend S. F. No. 2856, as amended, as follows:

Page 47, after line 24, insert:

"Section 1. Minnesota Statutes 1994, section 471.634, is amended to read:

471.634 [DEFINITION.]

For purposes of section 471.633, the terms "municipal corporation" and "governmental subdivision," or instrumentality thereof, do not include:

(1) school districts and other entities composed exclusively of school districts when school boards or school administrators are regulating school grounds, school facilities, school transportation services, school programs, or the conduct of students at any activities conducted under the direct or indirect supervision or control of the school board or administration; or

(2) the metropolitan airport commission or the metropolitan stadium commission when it is regulating the possession of firearms within buildings that are located on real property owned by the commission."

Amend the title accordingly

A roll call was requested and properly seconded.

Van Dellen raised a point of order pursuant to rule 3.09 that the Orenstein amendment was not in order. The Speaker ruled the point of order not well taken and the amendment in order.

The question recurred on the Orenstein amendment and the roll was called. There were 91 yeas and 43 nays as follows:

Those who voted in the affirmative were:

Abrams       Goodno       Leppik       Orfield      Sviggum
Bakk         Greenfield   Lieder       Osskopp      Swenson, D.
Bishop       Greiling     Long         Osthoff      Swenson, H.
Boudreau     Haas         Lourey       Ostrom       Sykora
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8024

Carlson, L.  Harder       Luther       Otremba      Tomassoni
Carlson, S.  Hasskamp     Lynch        Paulsen      Trimble
Carruthers   Hausman      Macklin      Pawlenty     Tuma
Clark        Huntley      Mahon        Perlt        Van Dellen
Commers      Jaros        Mariani      Peterson     Wagenius
Cooper       Jefferson    Marko        Pugh         Warkentin
Dauner       Jennings     McCollum     Rest         Weaver
Dawkins      Johnson, A.  McElroy      Rhodes       Wejcman
Delmont      Johnson, R.  McGuire      Rice         Winter
Dempsey      Kahn         Milbert      Rostberg     Workman
Dorn         Kelley       Molnau       Rukavina     Sp.Anderson,I
Entenza      Kelso        Munger       Sarna        
Erhardt      Kinkel       Murphy       Skoglund     
Farrell      Kraus        Olson, E.    Solberg      
Garcia       Leighton     Orenstein    Stanek       

Anderson, B. Dehler       Knight       Olson, M.    Tompkins
Anderson, R. Finseth      Knoblach     Onnen        Tunheim
Bertram      Frerichs     Koppendrayer Opatz        Van Engen
Bettermann   Girard       Krinkie      Ozment       Vickerman
Bradley      Gunther      Larsen       Pellow       Wenzel
Broecker     Hackbarth    Lindner      Pelowski     Wolf
Brown        Holsten      Mares        Schumacher   Worke 
Daggett      Johnson, V.  Mulder       Seagren      
Davids       Kalis        Ness         Smith        

Bishop moved to amend S. F. No. 2856, as amended, as follows:

Page 18, after line 27, insert:

"Section 1. [169.142] [GROSS MISDEMEANOR SPEEDING.]

It shall be a gross misdemeanor for a person confined to any Minnesota correctional facility who escapes and steals a motor vehicle to drive the vehicle in violation of section 169.14 or 169.141."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion did not prevail and the amendment was not adopted.

Stanek moved to amend S. F. No. 2856, as amended, as follows:

Page 139, after line 26, insert:

"Sec. 2. [144.7655] [TESTING ON REQUEST OF PEACE OFFICER OR CORRECTIONAL GUARD.]

(a) Upon the request or with the consent of a peace officer or a correctional guard, the prosecutor shall, at an offender's first appearance or at any later time during the proceedings, make a motion in camera and the court shall issue an order requiring an adult charged or a juvenile petitioned for committing any offense, to submit to testing to determine the presence of human immunodeficiency virus (HIV) antibody if evidence exists that the the peace officer or correctional guard experienced a significant exposure with the offender.

(b) When the court orders an offender to submit to testing under paragraph (a), the court shall order that the test be performed by an appropriate health professional who is trained to provide the counseling described in section 144.763, and that no reference to the test, the motion requesting the test, the test order, or the test results may appear in the criminal record or be maintained in any record of the court or court services."

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 Stanek amendment and the roll was called. There were 120 yeas and 13 nays as follows:

Those who voted in the affirmative were:

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

Bakk         Greenfield   Kahn         Osthoff      Wejcman 
Clark        Hausman      Lourey       Rice         
Dawkins      Jaros        Mariani      Rukavina     

Bettermann; Lindner; Sviggum; Molnau; Larsen; Pawlenty; Stanek; Finseth; Hackbarth; Carlson, S; Broecker; Olson, M., and Pellow moved to amend S. F. No. 2856, as amended, as follows:

Page 139, after line 16, insert:

Section 1. [244A.01] [REQUIRING NOTICE BY STATE IN DEATH PENALTY CASES.]

If the state intends to seek the death penalty for an offense punishable by death, the prosecuting attorney shall sign and file with the court, and serve upon the defendant, a notice that the state will seek the sentence of death in the event of conviction. The notice must be filed and served within a reasonable time before trial or acceptance by the court of a plea of guilty. If the prosecuting attorney does not comply with the notice requirements of this section, the court may not impose the death penalty under section 4.

Sec. 2. [244A.02] [APPOINTMENT OF ATTORNEYS IN CAPITAL CASES.]

Upon notification under section 1 that the prosecuting attorney intends to seek the death penalty, the court shall order the appointment of two attorneys to counsel the defendant, at least one of whom has had significant criminal defense experience, unless the court is satisfied that the defendant has retained a competent attorney. If the defendant is not represented by an attorney and is not able to afford one, the court shall order the appropriate district public defender to assign two public defenders. If the defendant is convicted and sentenced to death, the state public defender shall represent the defendant during the appeal process.

Sec. 3. [244A.03] [SENTENCE OF DEATH FOR MURDER IN CERTAIN CASES; SENTENCING PROCEEDINGS.]

Subdivision 1. [DEFINITIONS.] For purposes of this section, "first degree murder" includes:

(1) murder in the first degree, as defined in section 609.185, clause (4); and

(2) the first degree murder of a victim who is a minor.

Subd. 2. [EXCLUDING DEATH SENTENCE.] When a defendant is found guilty of first degree murder, the court shall impose a sentence other than that of death if it is satisfied that:

(1) none of the aggravating circumstances listed in subdivision 4 was established by the evidence at the trial or will be established at a sentencing proceeding under subdivision 3;

(2) substantial mitigating circumstances, established by the evidence at the trial, call for leniency;

(3) the defendant, with the consent of the prosecuting attorney and the approval of the court, pleaded guilty to murder with life imprisonment or a lesser sentence as the maximum term;

(4) the defendant was under 18 years of age at the time of the commission of the crime;

(5) the defendant's physical or mental condition calls for leniency; or

(6) although the evidence is sufficient to sustain the verdict, it does not foreclose all doubt about the defendant's guilt.

Subd. 3. [SEPARATE SENTENCING PROCEEDING TO DETERMINE IF DEATH PENALTY WARRANTED.] (a) If a defendant is convicted of first degree murder, the court shall conduct a separate proceeding to determine whether the defendant should be sentenced to death or to a sentence other than death as required by law, unless the court imposes a sentence under subdivision 2. The proceeding must be conducted before the court alone if the defendant was convicted by a court sitting without a jury, if the defendant pleaded guilty, or if the prosecuting attorney and the defendant waive a jury with respect to sentencing. In other cases it must be conducted before the court sitting with the jury that determined the defendant's guilt or, if the court for good cause shown discharges that jury, with a new jury impaneled for the purpose.

(b) In the proceeding, evidence may be presented about any matter that the court considers relevant to sentence, including the nature and circumstances of the crime, the defendant's character, background, history, mental and physical condition, and any of the aggravating or mitigating circumstances listed in subdivisions 4 and 5. Any evidence relevant to the sentence, not legally privileged, that the court considers to have probative force, may be received, regardless of its admissibility under the exclusionary rules of evidence. The defendant's counsel must be given a fair opportunity to rebut the evidence. The prosecuting attorney and the defendant or defendant's counsel must be permitted to present arguments for or against a sentence of death.

Subd. 4. [AGGRAVATING CIRCUMSTANCES.] (a) In this subdivision, "involved in" means engaged in committing a crime or attempting to commit a crime, acting as an accomplice in a crime or an attempt at a crime, or fleeing after committing or attempting to commit a crime.

(b) "Aggravating circumstances" are limited to the following:

(1) the defendant was previously convicted of another murder;

(2) at the time the murder was committed the defendant also committed another murder;

(3) the defendant knowingly created a great risk of death to many persons;

(4) the murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration;

(5) the murder was especially heinous, atrocious, or cruel, manifesting exceptional depravity. For purposes of this clause, the following definitions have the meanings given them:

(i) "especially cruel" means the crime is committed in an "especially cruel" manner when the perpetrator inflicts mental anguish or physical abuse before a victim's death;

(ii) "mental anguish" includes victims' uncertainty as to their ultimate fate;

(iii) "especially depraved" means the crime is committed in an "especially depraved" manner when the perpetrator relishes the murder, evidencing debasement or perversion, or shows an indifference to the suffering of the victim and evidences a pleasure in the killing;

(6) by the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life. For the purpose of this clause, "utter disregard" is meant to be reflective of the cold-blooded, pitiless slayer who kills without feeling or sympathy;

(7) the defendant, by prior conduct or conduct in the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society;

(8) the murder was committed against a witness or potential witness in a criminal or civil legal proceeding because of the proceeding;

(9) the victim of the murder was a public safety officer, as defined in section 299A.41, subdivision 4;

(10) the victim was under the age of 12 years and had a past history of physical or sexual abuse by the defendant, as defined in section 626.556, subdivision 2;

(11) the defendant was being held in lawful custody at the time of the murder;

(12) the murder was committed while the defendant was involved in criminal sexual conduct in the first degree by force or threat of force;

(13) the defendant intentionally killed the victim while the defendant was involved in a major controlled substance offense. "Major controlled substance offense" means an offense or series of offenses constituting a felony violation or violations under chapter 152, related to trafficking in controlled substances under circumstances more onerous than the usual offense and including at least one of the following circumstances:

(i) the offense involved an attempted or actual sale or transfer of controlled substances in quantities substantially larger than for personal use;

(ii) the defendant knowingly possessed a firearm during the commission of the offense;

(iii) the circumstances of the offense reveal that the defendant occupied a high position in the drug distribution hierarchy; or

(iv) the offense involved a high degree of sophistication or planning; or

(14) at the time of the murder the defendant had previously been convicted of two or more state or federal offenses punishable by a term of imprisonment of more than one year, committed on different occasions, involving the distribution of a controlled substance in violation of chapter 152.

Subd. 5. [MITIGATING CIRCUMSTANCES.] "Mitigating circumstances" include:

(1) the defendant has no significant history of prior criminal activity;

(2) the murder was committed while the defendant was under extreme mental or emotional disturbance, although not sufficiently impaired as to constitute a defense to prosecution;

(3) the victim was a participant in the defendant's homicidal conduct or consented to the homicidal act;

(4) the defendant acted on a threat of imminent infliction of death or great bodily harm;

(5) at the time of the offense, the capacity of the offender to appreciate the criminality of the conduct or to conform that conduct to law was impaired as a result of mental disease or defect or intoxication; or

(6) any other relevant mitigating circumstance.

Sec. 4. [244A.04] [IMPOSITION OF DEATH SENTENCE; MODE OF EXECUTION.]

Subdivision 1. [DECISION.] (a) The court has discretion to determine whether a sentence of death will be imposed, except that when the proceeding is conducted before the court sitting with a jury, the court may not impose a sentence of death unless (1) it submits to the jury the issue whether the defendant should be sentenced to death or to imprisonment, and (2) the jury returns a verdict that the sentence should be death. If the jury is unable to reach a unanimous verdict, the court shall dismiss the jury and impose a sentence other than death as required by law.

(b) The court, in exercising its discretion as to sentence, and the jury, in determining its verdict, shall take into account the aggravating and mitigating circumstances listed in section 3, subdivisions 4 and 5, and any other facts that the court or jury considers relevant, but the court or jury may not impose or recommend a sentence of death unless the court or jury unanimously finds one of the aggravating circumstances listed in section 3, subdivision 4, and further unanimously finds that there are no mitigating circumstances sufficiently substantial to call for leniency.

(c) The burden of establishing the existence of an aggravating circumstance is on the state and is not satisfied unless established beyond a reasonable doubt. The burden of establishing the existence of a mitigating circumstance is on the defendant and is not satisfied unless established by a preponderance of the evidence.

(d) If the issue is submitted to the jury, the court shall instruct the jury on the requirements of this subdivision. At that time, the court shall also inform the jury of the nature of the sentence of imprisonment that may be imposed if the jury verdict is against a sentence of death, including the implications of the sentence for possible supervised release. The court shall instruct the jury about the aggravating and mitigating circumstances listed in section 3. The court may provide the jury with a list of the aggravating and mitigating circumstances about which the jury is instructed.

Subd. 2. [IMPOSITION.] (a) If the proceeding is conducted without a jury, the court shall sentence the defendant to death when it:

(1) finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists; and

(2) finds that there are no mitigating circumstances sufficiently substantial to call for leniency.

(b) When the proceeding is conducted before a jury, the court shall sentence the defendant to death when the jury unanimously:

(1) finds beyond a reasonable doubt that at least one statutory aggravating circumstance exists;

(2) finds that there are no mitigating circumstances sufficiently substantial to call for leniency; and

(3) recommends that the sentence of death be imposed.

(c) When the jury does not recommend a sentence of death, the court shall sentence the defendant to imprisonment as provided by law.

Subd. 3. [SENTENCE OF DEATH PRECLUDED.] A sentence of death may not be carried out upon a person who is under 18 years of age at the time the crime was committed. A sentence of death may not be carried out upon a person who, by reason of a mental disease or defect, is unable to understand the impending death or the reasons for it. A sentence of death may not be carried out upon a person who is pregnant.

Subd. 4. [EXECUTION BY LETHAL INJECTION.] When the court sentences a defendant to death under subdivision 2, the order of execution must be carried out by administration of a continuous, intravenous injection of a lethal quantity of an ultra-fast-acting barbiturate in combination with a chemical paralytic agent until a licensed physician pronounces that the defendant is dead according to accepted standards of medical practice. The execution by lethal injection must be performed by a person selected by the chief executive officer of the maximum security facility at which the execution will take place and trained to administer the injection. The person administering the injection need not be a physician, registered nurse, or licensed practical nurse licensed or registered under the laws of this or another state.

Sec. 5. [244A.05] [SENTENCING COURT; ADMINISTRATIVE REQUIREMENTS.]

Subdivision 1. [DATE OF EXECUTION.] In pronouncing a sentence of death, the court shall set the date of execution not less than 60 days nor more than 90 days from the date the sentence is pronounced. If execution has been stayed by a court and the date set for execution has passed before dissolution of the stay, the court in which the defendant was previously sentenced shall, upon dissolution of the stay, set a new date of execution not less than five nor more than 90 days from the day the date is set. The defendant is entitled to be present in court on the day the new date of execution is set.

Subd. 2. [COPIES OF ORDER OF EXECUTION.] When a person is sentenced to death, the court administrator shall prepare certified copies of the judgment and order of execution and send these documents to the governor, defendant, defendant's counsel, attorney general, chief justice of the supreme court, state court administrator, and the state public defender's office within five business days following entrance of the order of execution.

Subd. 3. [DELIVERY OF DEFENDANT TO MAXIMUM SECURITY FACILITY.] Pending execution of a sentence of death, the sheriff or other chief law enforcement officer who has custody of the defendant may deliver the defendant to the maximum security facility designated by the commissioner of corrections to be the place where the execution is to be held. The state shall bear the costs of imprisoning the defendant from the date of delivery.

Sec. 6. [244A.06] [REVIEW OF DEATH SENTENCES BY SUPREME COURT.]

Subdivision 1. [AUTOMATIC REVIEW.] The judgment of conviction and a sentence of death are subject to automatic review by the supreme court within 60 days after certification by the sentencing court of the entire record, unless the supreme court extends the time, for good cause shown, for an additional period not to exceed 30 days. The review by the supreme court has priority over all other cases and must be heard in accordance with rules adopted by the supreme court.

Subd. 2. [TRANSCRIPT.] The court administrator, within ten days after receiving the transcript, shall transmit the entire record and transcript to the supreme court together with a notice prepared by the administrator and a report prepared by the trial judge. The notice must set forth the title and docket number of the case, the name of the defendant, the name and address of the defendant's attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report must be in the form of a standard questionnaire prepared and supplied by the supreme court.

Subd. 3. [REVIEW GUIDELINES.] Each sentence of death must be reviewed by the supreme court to determine if it is excessive. In determining whether the sentence is excessive, the supreme court shall determine whether the:

(1) sentence was imposed under the influence of passion, prejudice, or other arbitrary factors;

(2) evidence supports the finding of a statutory aggravating circumstance; and

(3) sentence is disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.

Subd. 4. [BRIEFS.] Both the defendant and the state have the right to submit briefs within the time provided by the court and to present oral argument to the court.

Subd. 5. [DECISION.] The supreme court shall:

(1) affirm the sentence of death; or

(2) set the sentence aside and remand the case for resentencing by the trial judge based on the record and argument of counsel.

Subd. 6. [NOTICE TO GOVERNOR.] Within five business days after reaching a decision under subdivision 5, the supreme court shall notify the governor whether the death sentence has been affirmed or set aside.

Sec. 7. [244A.07] [UNIFIED REVIEW PROCEDURE.]

Subdivision 1. [PROCEDURE.] The supreme court shall establish by rule a unified review procedure to provide for the presentation to the sentencing court and to the supreme court of all possible challenges to the trial, conviction, sentence, and detention of defendants upon whom the sentence of death has been or may be imposed. The unified review procedure governs both pretrial and posttrial appellate review of death penalty cases.

Subd. 2. [CHECKLISTS.] The supreme court shall establish by rule a series of checklists to be used by the trial court, the prosecuting attorney, and defense counsel before, during, and after the trial of cases in which the death penalty is sought to make certain that all possible matters that could be raised in defense have been considered by the defendant and defense counsel and either asserted in a timely and correct manner or waived in accordance with applicable legal requirements, so that, for purposes of any pretrial review and the trial and posttrial review, the record and transcript of proceedings will be complete for a review by the sentencing court and the supreme court of all possible challenges to the trial, conviction, sentence, and detention of the defendant.

Subd. 3. [WRIT OF HABEAS CORPUS.] Nothing in this section or in the rules of the supreme court limits or restricts the grounds of review or suspends the rights or remedies available through the procedures governing the writ of habeas corpus.

Sec. 8. [244A.08] [STAY OF EXECUTION OF DEATH.]

Subdivision 1. [GOVERNOR OR APPEAL.] The execution of a death sentence may be stayed only by the governor or incident to an appeal.

Subd. 2. [PROCEEDINGS WHEN INMATE UNDER SENTENCE OF DEATH APPEARS TO BE MENTALLY ILL OR PREGNANT.] If the governor is informed that an inmate under sentence of death may be mentally ill or pregnant, the governor shall stay execution of the sentence and require the sentencing court to order a mental or physical examination of the inmate, as appropriate.

Subd. 3. [EXAMINATION AND HEARING.] (a) If the court orders a mental examination of the inmate, it shall appoint at least one qualified psychiatrist, clinical psychologist, or physician experienced in the field of mental illness to examine the defendant and report on the defendant's mental condition. If the inmate or prosecution has retained a qualified psychiatrist, clinical psychologist, or physician experienced in the field of mental illness, the court on request of the inmate or prosecuting attorney shall direct that the psychiatrist, clinical psychologist, or physician be permitted to observe the mental examination and to conduct a mental examination of the inmate.

(b) At the conclusion of the examination, the examiner shall submit a written report to the court and send copies to the prosecuting attorney and defense attorney. The report must contain a diagnosis of the inmate's mental condition and whether the inmate has the mental capacity to understand the nature of the death penalty and the reasons why it was imposed.

(c) If the court orders a physical examination, it shall appoint a qualified physician to examine the inmate and report on whether the inmate is pregnant.

(d) The hearing shall be scheduled so that the parties have adequate time to prepare and present arguments regarding the issue of mental illness or pregnancy. The parties may submit written arguments to the court before the date of the hearing and may make oral arguments before the court at the sentencing hearing. Before the hearing, the court shall send to the defendant or the defendant's attorney and the prosecuting attorney copies of the mental or physical examination.

Subd. 4. [MENTAL ILLNESS.] (a) If mental illness is the issue and the court decides that the inmate has the mental capacity to understand the nature of the death penalty and why it was imposed, the court shall so inform the governor. The governor shall issue a warrant to the chief executive officer of the maximum security facility where the execution is to be held directing the officer to execute the sentence at a time designated in the warrant.

(b) If the court decides that the inmate does not have the mental capacity to understand the nature of the death penalty and why it was imposed, the court shall so inform the governor. The governor shall have the inmate committed to the St. Peter Regional Treatment Center.

(c) A person under sentence of death who has been committed to the St. Peter Regional Treatment Center shall be kept there until the proper official of the hospital determines that the person has been restored to mental health. The hospital official shall then notify the governor of the official's determination, and the governor shall request the sentencing court to proceed as provided in this section.

Subd. 5. [PREGNANCY.] (a) If the court determines that the inmate is not pregnant, the court shall so inform the governor. The governor shall issue a warrant to the chief executive officer of the maximum security facility where the execution is to be held directing the chief executive officer to execute the sentence at a time designated in the warrant.

(b) If the court determines that the inmate is pregnant, the court shall so inform the governor. The governor shall stay execution of sentence during the pregnancy.

(c) If the court determines that an inmate whose execution has been stayed because of pregnancy is no longer pregnant, the court shall so inform the governor. The governor shall issue a warrant to the chief executive officer directing the chief executive officer to execute the sentence at a time designated in the warrant.

Subd. 6. [FEE.] The court shall allow a reasonable fee to the physician appointed under this section that must be paid by the state.

Sec. 9. [244A.09] [GOVERNOR'S DUTIES; ISSUANCE OF DEATH WARRANT.]

When notified by the supreme court under section 6 that a death sentence has been upheld, the governor shall issue a death warrant, attach it to a copy of the record, including the trial court's order of execution and the supreme court's affirming opinion, and send it to the chief executive officer of the maximum security facility where the inmate under sentence of death is being held. The warrant must direct that officer to execute the sentence at a time designated in the warrant. When notified by the supreme court under section 6 that a death sentence has been set aside, the governor shall order the commissioner of corrections to remove the inmate under sentence of death from the unit where inmates under sentence of death are confined and reassign the inmate consistent with the supreme court's opinion.

Sec. 10. [244A.10] [COMMISSIONER OF CORRECTIONS; DUTIES; DESIGNATION OF PLACE OF EXECUTION.]

Subdivision 1. [MAXIMUM SECURITY FACILITIES.] The commissioner of corrections shall designate one or more maximum security facilities at which executions of inmates under death sentence will take place. In each maximum security facility designated as a place where executions will take place, the commissioner shall establish and maintain a unit for the segregated confinement of inmates under sentence of death.

Subd. 2. [PLACE OF EXECUTION.] The chief executive officer of a maximum security facility where executions will take place shall provide a suitable and efficient room or place in which executions will be carried out, enclosed from public view, and all implements necessary to executions. The chief executive officer shall select the person to perform executions and the chief executive officer or the officer's designee shall supervise the execution.

Subd. 3. [EXECUTIONER'S IDENTITY; PRIVATE DATA.] Information relating to the identity and compensation of the executioner is private data as defined in section 13.02, subdivision 12. The chief executive officer of the maximum security facility is not required to record the name of an individual acting as an executioner or any information that could identify that individual.

Subd. 4. [REGULATION OF EXECUTION.] The chief executive officer of the maximum security facility holding an execution or a deputy designated by that officer must be present at the execution. The chief executive officer shall set the day for execution within the week designated by the governor in the warrant.

Subd. 5. [WITNESS TO EXECUTION.] Twelve citizens selected by the chief executive officer must witness the execution. The chief executive officer shall select six representatives of the news media to witness the execution. Counsel for the inmate under sentence of death and members of the clergy requested by the inmate may be present at the execution. All other persons, except correctional facility officers and the executioner, must be excluded during the execution.

Subd. 6. [READING DEATH WARRANT.] The warrant authorizing the execution must be read to the convicted person immediately before death.

Subd. 7. [RETURN OF WARRANT OF EXECUTION ISSUED BY GOVERNOR.] After the death sentence has been executed, the chief executive officer of the maximum security facility where the execution took place shall return to the governor the warrant and a signed statement of the execution. The chief executive officer shall file an attested copy of the warrant and statement with the court administrator that imposed the sentence.

Subd. 8. [SENTENCE OF DEATH UNEXECUTED FOR UNJUSTIFIABLE REASONS.] If a death sentence is not executed because of unjustified failure of the governor to issue a warrant or for any other unjustifiable reason, on application of the attorney general, the supreme court shall issue a warrant directing the sentence to be executed during a week designated in the warrant.

Subd. 9. [RETURN OF WARRANT OF EXECUTION ISSUED BY SUPREME COURT.] After the sentence has been executed under a warrant issued by the supreme court, the chief executive officer shall return to the supreme court the warrant and a signed statement of the execution. The chief executive officer shall file an attested copy of the warrant and statement with the court administrator that imposed the sentence. The chief executive officer shall send to the governor an attested copy of the warrant and statement.

Sec. 11. [244A.11] [COSTS OF EXECUTION; REIMBURSEMENT; ATTORNEY GENERAL ASSISTANCE.]

Subdivision 1. [COSTS.] The state shall reimburse a county for all costs incurred for prosecution of a case involving the death penalty if the crimes for which the defendant is on trial occurred in that county. In a case involving the death penalty, if crimes for which the defendant is on trial occurred in more than one county, the state shall reimburse the county prosecuting the case for one-half of all costs incurred for prosecution.

Subd. 2. [ATTORNEY GENERAL ASSISTANCE.] The attorney general shall assist in the prosecution of cases involving the death penalty if requested to do so by the county prosecuting attorney.

Sec. 12. [APPROPRIATION.]

$....... is appropriated from the general fund to the commissioner of corrections to implement sections 1 to 11 to be available until June 30, 1997.

Sec. 13. [EFFECTIVE DATE.]

Sections 1 to 11 are effective August 1, 1996, and apply to crimes committed on or after that date.

Section 1. Minnesota Statutes 1994, section 243.05, subdivision 1, is amended to read:

Subdivision 1. [CONDITIONAL RELEASE.] Except for a person sentenced to death under article 1, section 4, the commissioner of corrections may parole any person sentenced to confinement in any state correctional facility for adults under the control of the commissioner of corrections, provided that:

(a) no inmate serving a life sentence for committing murder before May 1, 1980, other than murder committed in violation of clause (1) of section 609.185 who has not been previously convicted of a felony shall be paroled without having served 20 years, less the diminution that would have been allowed for good conduct had the sentence been for 20 years;

(b) no inmate serving a life sentence for committing murder before May 1, 1980, who has been previously convicted of a felony or though not previously convicted of a felony is serving a life sentence for murder in the first degree committed in violation of clause (1) of section 609.185 shall be paroled without having served 25 years, less the diminution which would have been allowed for good conduct had the sentence been for 25 years;

(c) any inmate sentenced prior to September 1, 1963, who would be eligible for parole had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(d) any new rule or policy or change of rule or policy adopted by the commissioner of corrections which has the effect of postponing eligibility for parole has prospective effect only and applies only with respect to persons committing offenses after the effective date of the new rule or policy or change. Upon being paroled and released, an inmate is and remains in the legal custody and under the control of the commissioner, subject at any time to be returned to a facility of the department of corrections established by law for the confinement or treatment of convicted persons and the parole rescinded by the commissioner. The written order of the commissioner of corrections, is sufficient authority for any peace officer or state parole and probation agent to retake and place in actual custody any person on parole or supervised release, but any state parole and probation agent may, without order of warrant, when it appears necessary in order to prevent escape or enforce discipline, take and detain a parolee or person on supervised release or work release to the commissioner for action. The written order of the commissioner of corrections is sufficient authority for any peace officer or state parole and probation agent to retake and place in actual custody any person on probation under the supervision of the commissioner pursuant to section 609.135, but any state parole and probation agent may, without an order, when it appears necessary in order to prevent escape or enforce discipline, retake and detain a probationer and bring the probationer before the court for further proceedings under section 609.14. Persons conditionally released, and those on probation under the supervision of the commissioner of corrections pursuant to section 609.135 may be placed within or outside the boundaries of the state at the discretion of the commissioner of corrections or the court, and the limits fixed for these persons may be enlarged or reduced according to their conduct.

Except as otherwise provided in subdivision 1b, in considering applications for conditional release or discharge, the commissioner is not required to hear oral argument from any attorney or other person not connected with an adult correctional facility of the department of corrections in favor of or against the parole or release of any inmates, but the commissioner may institute inquiries by correspondence, taking testimony or otherwise, as to the previous history, physical or mental condition, and character of the inmate, and to that end shall have authority to require the attendance of the chief executive officer of any state adult correctional facility and the production of the records of these facilities, and to compel the attendance of witnesses. The commissioner is authorized to administer oaths to witnesses for these purposes.

Sec. 2. Minnesota Statutes 1994, 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 and chapter 244A the court, if it imposes sentence, may sentence the defendant to the extent authorized by law as follows:

(1) to death; or

(2) to life imprisonment; or

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

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

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

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

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

Sec. 3. Minnesota Statutes 1994, section 609.12, subdivision 1, is amended to read:

Subdivision 1. A person sentenced to the commissioner of corrections for imprisonment for a period less than life may be paroled or discharged at any time without regard to length of the term of imprisonment which the sentence imposes when in the judgment of the commissioner of corrections, and under the conditions the commissioner imposes, the granting of parole or discharge would be most conducive to rehabilitation and would be in the public interest. A person sentenced to death is not eligible for supervised release or discharge at any time.

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

Subdivision 1. [TERMS AND CONDITIONS.] Except when a sentence of death has been imposed under chapter 244A, a life imprisonment sentence 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.

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 1994, section 609.185, is amended to read:

609.185 [MURDER IN THE FIRST DEGREE.]

Whoever does any of the following is guilty of murder in the first degree and, unless sentenced to death under article 1, section 4, shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;

(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the peace officer or guard is engaged in the performance of official duties;

(5) causes the death of a minor under circumstances other than those described in clause (1) or (2) while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon the child and the death occurs under circumstances manifesting an extreme indifference to human life; or

(6) causes the death of a human being under circumstances other than those described in clause (1), (2), or (5) while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances manifesting an extreme indifference to human life.

For purposes of clause (5), "child abuse" means an act committed against a minor victim that constitutes a violation of the following laws of this state or any similar laws of the United States or any other state: section 609.221; 609.222; 609.223; 609.224; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.

For purposes of clause (6), "domestic abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or any other state; and

(2) is committed against the victim who is a family or household member as defined in section 518B.01, subdivision 2, paragraph (b).

Sec. 6. [EFFECTIVE DATE.]

Sections 1 to 5 are effective August 1, 1996, and apply to crimes committed on or after that date."

Renumber the remaining article

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Bettermann et al amendment and the roll was called. There were 34 yeas and 100 nays as follows:

Those who voted in the affirmative were:

Anderson, B. Daggett      Jennings     Ness         Smith
Anderson, R. Davids       Knoblach     Olson, M.    Stanek
Bertram      Finseth      Koppendrayer Onnen        Sviggum
Bettermann   Frerichs     Kraus        Osskopp      Van Engen
Broecker     Goodno       Larsen       Paulsen      Worke
Carlson, S.  Hackbarth    Lindner      Pawlenty     Workman
Commers      Holsten      Luther       Pellow       

Abrams       Greenfield   Leppik       Orfield      Sykora
Bakk         Greiling     Lieder       Osthoff      Tomassoni
Bishop       Gunther      Long         Ostrom       Tompkins
Boudreau     Haas         Lourey       Otremba      Trimble
Bradley      Harder       Lynch        Ozment       Tuma
Brown        Hasskamp     Macklin      Pelowski     Tunheim
Carlson, L.  Hausman      Mahon        Perlt        Van Dellen
Carruthers   Huntley      Mares        Peterson     Vickerman
Clark        Jaros        Mariani      Pugh         Wagenius
Cooper       Jefferson    Marko        Rest         Warkentin
Dauner       Johnson, A.  McCollum     Rhodes       Weaver
Dawkins      Johnson, R.  McElroy      Rice         Wejcman
Dehler       Johnson, V.  McGuire      Rostberg     Wenzel
Delmont      Kahn         Milbert      Rukavina     Winter
Dempsey      Kalis        Molnau       Sarna        Wolf
Dorn         Kelley       Mulder       Schumacher   Sp.Anderson,I
Entenza      Kelso        Munger       Seagren      
Erhardt      Kinkel       Murphy       Skoglund     
Farrell      Knight       Olson, E.    Solberg      
Garcia       Krinkie      Opatz        Swenson, D.  
Girard       Leighton     Orenstein    Swenson, H.  

Olson, M., moved to amend S. F. No. 2856, as amended, as follows:

Page 40, after line 27, insert:

"Sec. 27. Minnesota Statutes 1994, section 609.5315, subdivision 1, is amended to read:

Subdivision 1. [DISPOSITION.] If the court finds under section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall order the appropriate agency to:

(1) destroy all weapons used, firearms, ammunition, and firearm accessories that the agency decides not to sell under clause (2) or use for law enforcement purposes under clause (6), unless the agency determines that there is good reason not to destroy a particular item;

(2) sell property that is not required to be destroyed by law and is not in itself harmful to the public and distribute the proceeds under subdivision 5;

(3) take custody of the property and remove it for disposition in accordance with law;

(4) forward the property to the federal drug enforcement administration;

(5) disburse money as provided under subdivision 5; or

(6) keep property other than money for official use by the agency and the prosecuting agency.

Sec. 28. Minnesota Statutes 1994, section 609.5315, subdivision 2, is amended to read:

Subd. 2. [DISPOSITION OF ADMINISTRATIVELY FORFEITED PROPERTY.] If property is forfeited administratively under section 609.5314 or 609.5318 and no demand for judicial determination is made, the appropriate agency may dispose of the property in any of the ways listed in subdivision 1, except that the agency must destroy all forfeited weapons used, firearms, ammunition, and firearm accessories that the agency decides not to sell under subdivision 1, clause (2), or use for law enforcement purposes under subdivision 1, clause (6)."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Olson, M., amendment and the roll was called. There were 104 yeas and 28 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Kraus        Olson, E.    Stanek
Anderson, B. Finseth      Krinkie      Olson, M.    Sviggum
Anderson, R. Frerichs     Larsen       Onnen        Swenson, D.
Bakk         Girard       Leighton     Opatz        Swenson, H.
Bertram      Goodno       Leppik       Osskopp      Sykora
Bettermann   Gunther      Lieder       Ostrom       Tomassoni
Boudreau     Haas         Lindner      Otremba      Tompkins
Bradley      Hackbarth    Long         Ozment       Trimble
Broecker     Harder       Lourey       Paulsen      Tuma
Brown        Hasskamp     Luther       Pawlenty     Tunheim
Carlson, L.  Holsten      Lynch        Pellow       Van Dellen
Carlson, S.  Huntley      Macklin      Pelowski     Van Engen
Commers      Jennings     Mares        Perlt        Vickerman
Cooper       Johnson, A.  Marko        Peterson     Warkentin
Daggett      Johnson, V.  McElroy      Pugh         Weaver
Davids       Kalis        Milbert      Rhodes       Wenzel
Dehler       Kelso        Molnau       Rostberg     Winter
Delmont      Kinkel       Mulder       Rukavina     Wolf
Dempsey      Knight       Munger       Schumacher   Worke
Dorn         Knoblach     Murphy       Seagren      Workman 
Erhardt      Koppendrayer Ness         Smith        

Carruthers   Greenfield   Kahn         Orenstein    Skoglund
Clark        Greiling     Kelley       Orfield      Wagenius
Dauner       Hausman      Mahon        Osthoff      Wejcman
Dawkins      Jaros        Mariani      Rest         Sp.Anderson,I
Entenza      Jefferson    McCollum     Rice         
Garcia       Johnson, R.  McGuire      Sarna        

S. F. No. 2856, 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; prohibiting the possession or use of tobacco by inmates of state correctional facilities; 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 15; 168; 168A; 243; 244; 299A; and 609.

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 10 nays as follows:

Those who voted in the affirmative were:

Abrams       Farrell      Koppendrayer Olson, E.    Smith
Anderson, B. Finseth      Kraus        Olson, M.    Solberg
Anderson, R. Frerichs     Krinkie      Onnen        Stanek
Bakk         Garcia       Larsen       Opatz        Sviggum
Bertram      Girard       Leighton     Orfield      Swenson, D.
Bettermann   Goodno       Leppik       Osskopp      Swenson, H.
Bishop       Greiling     Lieder       Osthoff      Sykora
Boudreau     Gunther      Lindner      Ostrom       Tomassoni
Bradley      Haas         Long         Otremba      Tompkins
Broecker     Hackbarth    Lourey       Ozment       Trimble
Brown        Harder       Luther       Paulsen      Tuma
Carlson, L.  Hasskamp     Lynch        Pawlenty     Tunheim
Carlson, S.  Holsten      Macklin      Pellow       Van Dellen
Carruthers   Huntley      Mahon        Pelowski     Van Engen
Commers      Jefferson    Mares        Perlt        Vickerman
Cooper       Jennings     Marko        Peterson     Wagenius
Daggett      Johnson, A.  McCollum     Pugh         Warkentin
Dauner       Johnson, R.  McElroy      Rest         Weaver
Davids       Johnson, V.  McGuire      Rhodes       Wenzel
Dehler       Kalis        Milbert      Rostberg     Winter
Delmont      Kelley       Molnau       Rukavina     Wolf
JOURNAL OF THE HOUSE - 92nd Day - Top of Page 8036

Dempsey      Kelso        Mulder       Sarna        Worke
Dorn         Kinkel       Munger       Schumacher   Workman
Entenza      Knight       Murphy       Seagren      Sp.Anderson,I
Erhardt      Knoblach     Ness         Skoglund     

Clark        Hausman      Mariani      Wejcman      
Dawkins      Jaros        Orenstein    
Greenfield   Kahn         Rice         

Carruthers moved that the 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.

Orenstein moved that the name of Bishop be added as an author on H. F. No. 2782. The motion prevailed.

Van Dellen moved that his name be stricken as an author on H. F. No. 2816. The motion prevailed.

Murphy moved that the name of Skoglund be added as an author on H. F. No. 3242. The motion prevailed.

Bishop moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 1, 1996, when the vote was taken on the final passage of H. F. No. 2058." The motion prevailed.

Bishop moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, March 1, 1996, when the vote was taken on the repassage of H. F. No. 2411, as amended by the Senate." The motion prevailed.

Brown moved that H. F. No. 2176 be returned to its author. The motion prevailed.

Van Dellen moved that H. F. No. 2548 be returned to its author. The motion prevailed.

Daggett moved that H. F. No. 2885 be returned to its author. The motion prevailed.

Schumacher moved that her name be stricken as an author on H. F. No. 2330. The motion prevailed.

Carruthers moved to amend the Permanent Rules of the House of Representatives as follows:

6.10 THE COMMITTEE ON ETHICS. The Speaker shall appoint a Committee on Ethics. An equal number of members from the majority group and the minority group and one alternate from each group shall be appointed to the Ethics Committee. The committee shall adopt written procedures, which shall include due process requirements, for handling complaints and issuing guidelines making recommendations under Rule 6.101. The committee may issue guidelines and may serve in an advisory capacity to a member or employee upon written request.

The committee may meet in executive session upon a vote of two-thirds of its members to make a determination on probable cause under Rule 6.101, to consider a member's medical or other health records or to protect the privacy of a victim or other innocent third party.

Complaints regarding a member's conduct must be submitted in writing to the Speaker verified and signed by two or more members of the House and shall be referred to the committee within 15 days for processing by the committee according to its rules of procedure. Prior to referring the matter to the committee, the Speaker shall inform the member against whom a question of conduct has been raised of the complaint and the complainant's identity. The Speaker, the members making the complaint, the members of the committee, and employees of the House shall hold the complaint in confidence until the committee or the member subject of the complaint cause a public hearing to be scheduled. A complaint of a breach of the confidentiality requirement by a member or employee of the House shall be immediately referred by the Speaker to the Ethics Committee for disciplinary action. The committee shall act in an investigatory capacity and may make recommendations regarding questions of ethical conduct received prior to adjournment sine die.

Ethics Committee recommendations for disciplinary action shall be referred to the Committee on Rules and Legislative Administration, which may adopt, amend, or reject the recommendations of the Ethics Committee. Recommendations adopted by the Committee on Rules and Legislative Administration to expel, censure, or reprimand shall be reported to the House for final disposition.

6.101 ETHICS INVESTIGATIONS; DISCIPLINE. Complaints regarding a member's conduct must be verified and signed by two or more members of the House and must be submitted to the Speaker in writing. Complaints must be referred to the Ethics Committee within 15 days for processing by the committee according to its rules of procedure. Prior to referring the matter to the committee, the Speaker shall inform the member against whom a question of conduct has been raised of the complaint and the identity of the complainants.

Within 14 days after receiving a complaint, the committee shall meet to investigate and determine if there is sufficient factual evidence for probable cause to support the complaint. If a criminal proceeding relating to the same conduct has begun, the committee may defer its proceedings until the criminal proceeding has been completed.

The members and employees of the House shall hold a complaint and the items contained in the complaint in confidence until the member against whom a question of conduct has been raised has been informed of the complaint. All proceedings of the committee while in executive session must also be held in confidence unless made public by a two-thirds vote of the committee. A complaint of a breach of the confidentiality requirement by a member or employee of the House shall be immediately referred by the Speaker to the Ethics Committee for disciplinary action.

If the committee determines that there is sufficient factual evidence for probable cause to support the complaint, the committee shall then meet to investigate and determine whether the evidence is sufficient to support the complaint. Upon finding that the evidence is sufficient, the committee shall make recommendations regarding disciplinary action, which may include a recommendation to expel, to censure, to reprimand, or to require other actions by or pertaining to the subject of the proceedings. Ethics Committee recommendations for disciplinary action must be referred to the Committee on Rules and Legislative Administration, which may adopt, amend, or reject the recommendations of the Ethics Committee. Prior to adjournment sine die, the Committee on Rules and Legislative Administration shall report its recommendations on the matter to the House for final disposition. After adjournment sine die, the Committee on Rules and Legislative Administration may make a final disposition on the matter and take or require action pertaining to the subject of the proceeding.

Rule 10.04 CRIMINAL CONDUCT OF A MEMBER. A member who is charged with a felony or other serious crime shall immediately, in writing, notify the Speaker and the Chair of the Committee on Ethics of the charge. A member who fails to make this notification is subject to disciplinary action under Rule 6.101. When a member is convicted or adjudicated guilty of a serious crime the conviction or adjudication is equivalent to a determination by the Ethics Committee that there is sufficient factual evidence for probable cause to support a complaint, and the committee shall conduct its proceedings accordingly under Rule 6.101. For purposes of this rule, "serious crime" means a crime that is punishable or punished as a gross misdemeanor or misdemeanor and that involves assault, intentional injury or threat of injury to person or public safety, driving while intoxicated or while having an alcohol concentration over the legal limit, refusal to take an alcohol concentration test, dishonesty, coercion, obstruction of justice, or the sale or possession of controlled substances."

Carruthers moved that the Carruthers amendment to the Permanent Rules of the House be referred to the Committee on Rules and Legislative Administration.

A roll call was requested and properly seconded.

The question was taken on the Carruthers motion and the roll was called. There were 66 yeas and 65 nays as follows:

Those who voted in the affirmative were:

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

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

Sviggum moved to amend the Permanent Rules of the House of Representatives, Rule 6.10, as follows:

6.10 THE COMMITTEE ON ETHICS. The Speaker shall appoint a Committee on Ethics. An equal number of members from the majority group and the minority group and one alternate from each group shall be appointed to the Ethics Committee. The committee shall adopt written procedures, which shall include due process requirements, for handling complaints and issuing guidelines.

Complaints regarding a member's conduct must be submitted in writing to the Speaker verified and signed by two or more members of the House and shall be referred to the committee within 15 days for processing by the committee according to its rules of procedure. Prior to referring the matter to the committee, the Speaker shall inform the member against whom a question of conduct has been raised of the complaint and the complainant's identity. The Speaker, the members making the complaint, the members of the committee, and employees of the House shall hold the complaint in confidence until the committee or the member subject of the complaint cause a public hearing to be scheduled. A complaint of a breach of the confidentiality requirement by a member or employee of the House shall be immediately referred by the Speaker to the Ethics Committee for disciplinary action.

The committee shall act in an investigatory capacity and may make recommendations regarding questions of ethical conduct received prior to adjournment sine die. If criminal proceedings relating to the same conduct have begun, the committee may defer its own proceedings until the criminal proceedings have been completed. In order to determine whether there is sufficient factual evidence for probable cause to support the complaint, the committee, by a vote of three-fourths of its members, may conduct a preliminary inquiry in executive session. The executive session may be ordered by a vote of three-fourths of its members whenever the committee determines that matters relating to probable cause are likely to be discussed. The executive session must be limited to matters relating to probable cause. Upon a finding of probable cause, further proceedings on the complaint are open to the public.

Ethics Committee recommendations for disciplinary action shall be referred to the Committee on Rules and Legislative Administration, which may adopt, amend, or reject the recommendations of the Ethics Committee. Recommendations adopted by the Committee on Rules and Legislative Administration to expel, censure, or reprimand shall be reported to the House for final disposition.

A roll call was requested and properly seconded.

Carruthers moved that the Sviggum amendment to the Permanent Rules of the House be referred to the Committee on Rules and Legislative Administration.

A roll call was requested and properly seconded.

The question was taken on the Carruthers motion and the roll was called. There were 67 yeas and 65 nays as follows:

Those who voted in the affirmative were:

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

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

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 2849:

Kinkel, Kelso, Pelowski, Kraus and Dehler.

Carruthers moved that when the House adjourns today it adjourn until 11:00 a.m., Thursday, March 7, 1996. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 11:00 a.m., Thursday, March 7, 1996.

Edward A. Burdick, Chief Clerk, House of Representatives

Comments: webmaster@house.leg.state.mn.us