Anderson, R.; Clark; Kinkel and Stanek were excused.

Ozment was excused until 10:00 a.m. Workman was excused until 10:10 a.m. Rest was excused until 10:30 a.m. Otremba was excused until 11:15 a.m. Jennings was excused until 11:50 a.m.

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

S. F. No. 558 and H. F. No. 108, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Simoneau moved that the rules be so far suspended that S. F. No. 558 be substituted for H. F. No. 108 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 579 and H. F. No. 809, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Entenza moved that the rules be so far suspended that S. F. No. 579 be substituted for H. F. No. 809 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1076 and H. F. No. 1014, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Hausman moved that the rules be so far suspended that S. F. No. 1076 be substituted for H. F. No. 1014 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1170 and H. F. No. 1666, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Bertram moved that the rules be so far suspended that S. F. No. 1170 be substituted for H. F. No. 1666 and that the House File be indefinitely postponed. The motion prevailed.

S. F. No. 1393 and H. F. No. 1614, which had been referred to the Chief Clerk for comparison, were examined and found to be identical with certain exceptions.

Rest moved that the rules be so far suspended that S. F. No. 1393 be substituted for H. F. No. 1614 and that the House File be indefinitely postponed. The motion prevailed.

The following communications were received:

May 5, 1995

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 Files:

H. F. No. 1320, relating to the environment; establishing a private cause of action for abandonment of hazardous waste.

H. F. No. 383, relating to traffic regulations; clarifying conditions when covering motor vehicle head lamp, tail lamp, or reflector is unlawful; providing that only certain trailers required to have brakes are also required to have break-away brakes; requiring inspector of commercial motor vehicle to retain report for at least 14 months; prohibiting the covering of a license plate with any material or substance.

H. F. No. 1425, relating to tax-forfeited land; modifying the terms of payment for certain tax-forfeited timber.

H. F. No. 1626, relating to state government; prohibiting investment of public funds in certain assets.

H. F. No. 733, relating to employment; modifying provisions relating to high pressure piping installation; providing penalties.

H. F. No. 354, relating to utilities; allowing small gas utility franchises an exemption from rate regulation for incidental utility service.

H. F. No. 1194, relating to state government; allocating certain appropriations to regional arts councils.

H. F. No. 1008, relating to family law; authorizing courts to require parties to participate in orientation programs in proceedings involving children.

H. F. No. 399, relating to business organizations; clarifying corporate authority with respect to rights to purchase; regulating filings and related matters; providing for service of process.

H. F. No. 32, relating to marriage; authorizing retired court administrators to solemnize marriages.

H. F. No. 651, relating to probate; clarifying and correcting provisions of the uniform probate code; expanding authority for safe deposit box searches, division and merger of trusts, and granting of power-of-attorney to spouses in certain cases.

H. F. No. 244, relating to employment; establishing the governor's workforce development council to replace certain other councils.

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 1995 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.             1995      1995

1320 119 9:04 a.m. May 5 May 5

383 120 9:03 a.m. May 5 May 5

1425 121 9:02 a.m. May 5 May 5

1626 122 9:06 a.m. May 5 May 5

733 123 9:05 a.m. May 5 May 5

354 125 9:05 a.m. May 5 May 5

1194 126 9:15 a.m. May 5 May 5

1008 127 9:12 a.m. May 5 May 5

399 128 9:10 a.m. May 5 May 5

32 129 9:08 a.m. May 5 May 5

651 130 9:07 a.m. May 5 May 5

244 131 9:06 a.m. May 5 May 5

Sincerely,

Joan Anderson Growe

Secretary of State

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

H. F. No. 598, A bill for an act relating to human services; licensing; administrative hearings; vulnerable adults reporting act; imposing criminal penalties; increasing licensing fees for certain facilities; appropriating money; amending Minnesota Statutes 1994, sections 13.46, subdivision 4; 13.82, subdivision 10, and by adding subdivisions; 13.88; 13.99, subdivision 113; 144.4172, subdivision 8; 144.651, subdivisions 14 and 21; 144A.103, subdivision 1; 144A.612; 144B.13; 148B.68, subdivision 1; 214.10, subdivision 2a; 245A.04, subdivisions 3 and 3b; 253B.02, subdivision 4a; 256.045, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, and by adding a subdivision; 256E.03, subdivision 2; 256E.081, subdivision 4; 268.09, subdivision 1; 325F.692, subdivision 2; 525.703, subdivision 3; 609.224, subdivision 2; 609.268, subdivisions 1 and 2; 609.72, by adding a subdivision; 609.7495, subdivision 1; 626.556, subdivision 12; and 626.557, subdivisions 1, 3, 3a, 4, 5, 6, 7, 8, 9, 10, 14, 16, 17, 18, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 144; 609; and 626; repealing Minnesota Statutes 1994, sections 609.23; 609.231; and 626.557, subdivisions 2, 10a, 11, 11a, 12, 13, 15, and 19.

Reported the same back with the following amendments:

Page 25, delete line 2 and insert "with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and"

Page 25, line 3, delete everything before "within"

Page 25, line 8, delete everything after the period

Page 25, delete lines 9 to 11 and insert "This paragraph does not enlarge or diminish rights otherwise held under law by:

(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct."

Page 29, line 18, delete "recognized as an" and insert "with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or section 253B.03, or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and"

Page 29, delete line 19

Page 29, line 20, delete everything before "within"

Page 29, line 25, delete everything after the semicolon

Page 29, delete lines 26 to 28 and insert "this paragraph does not enlarge or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or"

Page 31, after line 28, insert:

"Sec. 25. [EFFECTIVE DATE.]

Sections 15 and 19 are effective July 1, 1995. Sections 1 to 14, 16 to 18, and 20 to 24 are effective October 1, 1995."

Page 35, line 22, delete "recognized as an" and insert "with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or section 253B.03, or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and"

Page 35, delete line 23

Page 35, line 24, delete everything before "within"

Page 35, line 29, delete everything after the semicolon

Page 35, delete lines 30 to 32 and insert "this paragraph does not enlarge or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or"

Page 37, line 14, delete "recognized as an" and insert "with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or section 253B.03, or 525.539 to 525.6199, refuses consent or withdraws consent, consistent with that authority and"

Page 37, delete line 15

Page 37, line 16, delete everything before "within"

Page 37, line 21, delete everything after the semicolon

Page 37, delete lines 22 to 24 and insert "this paragraph does not enlarge or diminish rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or"

Page 40, line 5, delete "August" and insert "October"

Page 44, line 25, after the period, insert "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) has been implemented and was in effect continuously since the last study was conducted."

Page 44, after line 27, insert:

"(b) If an individual who is affiliated with a department of human services or department of health program 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. This paragraph does not apply to family day care and foster care programs."

Page 44, line 28, strike "(b)" and insert "(c)"

Page 45, line 4, strike "(c)" and insert "(d)"

Page 45, line 25, strike "(d)" and insert "(e)"

Page 45, line 34, strike "(e)" and insert "(f)"

Page 46, line 1, strike "(f)" and insert "(g)"

Page 46, line 5, strike "(g)" and insert "(h)"

Page 46, line 9, strike "(h)" and insert "(i)"

Page 46, line 11, strike "(i)" and insert "(j)"

Page 46, line 15, strike "(j)" and insert "(k)"

Page 46, line 23, delete "(k)" and insert "(l)"

Page 46, line 30, delete "(l)" and insert "(m)"

Page 47, line 10, before "Any" insert "State agency hearings are available for the following: (1)"

Page 47, line 18, strike ", or" and insert "; (2)"

Page 47, line 19, strike ", or" and insert "; (3)"

Page 47, line 20, strike the comma and insert a semicolon and after "or" insert "(4)"

Page 47, line 24, delete the first comma and insert ". Individuals and organizations specified in this section" and strike "that" and insert "the specified"

Page 47, lines 31 and 32, delete "section 626.557" and insert "clause (4)"

Page 57, after line 24, insert:

"Sec. 16. Minnesota Statutes 1994, section 631.40, is amended by adding a subdivision to read:

Subd. 3. [DEPARTMENT OF HUMAN SERVICES AND HEALTH LICENSEES.] When a person who is affiliated with a department of human services or department of health program is convicted of a disqualifying crime, the probation officer or corrections agent shall notify the commissioner of the conviction, as provided in section 245A.04, subdivision 3, paragraph (b).

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). 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 22, based on a reduction in costs."

Page 57, after line 30, insert:

"Sec. 19. [EFFECTIVE DATE.]

Sections 1 to 18 are effective October 1, 1995."

Page 76, after line 30, insert:

"Sec. 23. [EFFECTIVE DATE.]

Sections 1 to 21 are effective October 1, 1995."

Renumber the sections in sequence and correct internal references

Amend the title as follows:

Page 1, line 5, after the first semicolon, insert "requiring reports of convictions to the commissioner in certain instances; requiring a report to the legislature;"

Page 1, line 19, delete "and"

Page 1, line 21, after the semicolon, insert "and 631.40, by adding a subdivision;"

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 399, A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes

1994, sections 84.83, subdivision 2; 84.927, subdivision 1; 169.1217, subdivision 1; and 171.30, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 84.83, subdivision 2, is amended to read:

Subd. 2. [MONEY DEPOSITED IN THE ACCOUNT.] Fees from the registration of snowmobiles and the unrefunded gasoline tax attributable to snowmobile use pursuant to section 296.16, as well as the net proceeds from the sale of snowmobiles forfeited pursuant to section 84.912, shall be deposited in the state treasury and credited to the snowmobile trails and enforcement account.

Sec. 2. Minnesota Statutes 1994, section 84.83, is amended by adding a subdivision to read:

Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of fines and forfeited bail collected from prosecutions of violations of sections 84.81 to 84.91 are governed by section 97A.065.

Sec. 3. Minnesota Statutes 1994, section 84.91, subdivision 5, is amended to read:

Subd. 5. [PENALTIES.] (a) A person who violates any prohibition contained in subdivision 1, or an ordinance in conformity with it, is guilty of a misdemeanor.

(b) A person is guilty of a gross misdemeanor who violates any prohibition contained in subdivision 1:

(1) within five years of a prior:

(i) impaired driving conviction under subdivision 1, sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, clauses (2) to (4), or 4, clauses (2) to (4), as defined in section 169.121, subdivision 3, paragraph (a), clause (1);

(ii) civil liability under section 84.911, subdivision 2, or 86B.335, subdivision 2; or

(iii) conviction under an ordinance of this state or a statute or ordinance from another state in conformity with any of them; or

(2) within ten years of the first of two or more prior:

(i) impaired driving convictions under subdivision 1, sections 86B.331, subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, clauses (2) to (4), or 4, clauses (2) to (4), as defined in section 169.121, subdivision 3, paragraph (a), clause (1);

(ii) civil liabilities under section 84.911, subdivision 2, or 86B.335, subdivision 2;

(iii) convictions of ordinances in conformity with any of them; or

(iv) convictions or liabilities under any combination of items (i) to (iii).

(c) The attorney in the jurisdiction where the violation occurred who is responsible for prosecuting misdemeanor violations of this section is also responsible for prosecuting gross misdemeanor violations of this section. When an attorney responsible for prosecuting gross misdemeanors under this section requests criminal history information relating to prior convictions from a court, the court must furnish the information without charge.

(d) A person who operates a snowmobile or all-terrain vehicle during the period the person is prohibited from operating the vehicle under subdivision 6 is guilty of a misdemeanor.

Sec. 4. [84.912] [FORFEITURE OF SNOWMOBILES AND ALL-TERRAIN VEHICLES.]

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them:

(a) "All-terrain vehicle" has the meaning given in section 84.92, subdivision 8.

(b) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.

(c) "Designated offense" means a violation of section 84.91 or an ordinance in conformity with it:

(1) occurring within five years of the first of three prior impaired driving convictions or the first of three prior license revocations based on separate impaired driving incidents;

(2) occurring within 15 years of the first of four or more prior impaired driving convictions or the first of four or more prior license revocations based on separate impaired driving incidents;

(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8); or

(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 that provides that the person may not use or consume any amount of alcohol or a controlled substance.

(d) "Owner" means the registered owner of the snowmobile or all-terrain vehicle according to records of the department of natural resources and includes a lessee of a snowmobile or all-terrain vehicle if the lease agreement has a term of 180 days or more.

(e) "Prior impaired driving conviction" has the meaning given in section 169.121, subdivision 3.

(f) "Prior license revocation" has the meaning given in section 169.121, subdivision 3.

(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.

(h) "Snowmobile" has the meaning given in section 84.81, subdivision 3.

(i) "Vehicle" means a snowmobile or an all-terrain vehicle.

Subd. 2. [SEIZURE.] (a) A vehicle subject to forfeiture under this section may be seized by the appropriate agency upon process issued by any court having jurisdiction over the vehicle.

(b) Property may be seized without process if:

(1) the seizure is incident to a lawful arrest or a lawful search;

(2) the vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or

(3) the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the vehicle.

(c) If property is seized without process under paragraph (b), clause (3), the prosecuting authority must institute a forfeiture action under this section as soon as is reasonably possible.

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

(1) place the vehicle under seal;

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

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

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

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

Subd. 5. [EVIDENCE.] Certified copies of driver's license records concerning prior license revocations are admissible as substantive evidence when necessary to prove the commission of a designated offense.

Subd. 6. [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A vehicle is subject to forfeiture under this section if it was used in the commission of a designated offense.

Subd. 7. [LIMITATIONS ON FORFEITURE.] (a) A vehicle is subject to forfeiture under this section only if the driver is convicted of the designated offense upon which the forfeiture is based.

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

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

(d) A vehicle is subject to forfeiture under this section only if the owner was privy to the act or omission upon which the forfeiture is based, or the act or omission occurred with the owner's knowledge or consent.

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

Subd. 8. [FORFEITURE PROCEDURE.] (a) A vehicle used to commit a designated offense is subject to forfeiture under this subdivision.

(b) A separate complaint must be filed against the vehicle, describing it, and specifying that it was used in the commission of a designated offense and specifying the time and place of its unlawful use. If the person charged with a designated offense is not convicted of the offense, the court shall dismiss the complaint against the vehicle and order the property returned to the person legally entitled to it. If the lawful ownership of the vehicle used in the commission of a designated offense can be determined and it is found the owner was not privy to commission of a designated offense, the vehicle must be returned immediately.

Subd. 9. [DISPOSITION OF FORFEITED VEHICLES; PROCEEDS ALLOCATED.] (a) On finding under subdivision 8 that the vehicle is subject to forfeiture, the court shall order the appropriate agency to:

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

(2) keep the vehicle for official use.

(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be forwarded to the treasury of the political subdivision that employs the appropriate agency responsible for the forfeiture for use in DWI-related enforcement, training, and education. If the appropriate agency making the arrest leading to the forfeiture is an agency of state government, the net proceeds must be forwarded to the snowmobile trails and enforcement account in the natural resources fund created in section 84.83, subdivision 1, if the vehicle was a snowmobile, or to the all-terrain vehicle account in the natural resources fund under section 84.927, subdivision 1.

Subd. 10. [REPORTING REQUIREMENT.] The appropriate agency shall provide to the state auditor, on an annual basis and in a manner prescribed by the state auditor, a written record of each forfeiture incident. The record must include a brief description of the vehicle forfeited, its value, the actual or estimated amount of net proceeds from the

sale of the vehicle, the dates of the incident and the forfeiture, and a brief description of the circumstances of the impaired driving incident giving rise to the forfeiture. The state auditor shall report annually to the legislature on the nature and extent of forfeitures pursuant to this section.

Sec. 5. Minnesota Statutes 1994, section 84.927, subdivision 1, is amended to read:

Subdivision 1. [REGISTRATION REVENUE.] Fees from the registration of all-terrain vehicles and the unrefunded gasoline tax attributable to all-terrain vehicle use under section 296.16, as well as the net proceeds from the sale of all-terrain vehicles forfeited pursuant to section 84.912, shall be deposited in the state treasury and credited to the all-terrain vehicle account in the natural resources fund.

Sec. 6. Minnesota Statutes 1994, section 86B.331, subdivision 5, is amended to read:

Subd. 5. [PENALTIES.] (a) A person who violates a prohibition contained in subdivision 1, or an ordinance in conformity with it, is guilty of a misdemeanor.

(b) A person is guilty of a gross misdemeanor who violates a prohibition contained in subdivision 1:

(1) within five years of a prior:

(i) impaired driving conviction under subdivision 1, sections 84.91, subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, clauses (2) to (4), or 4, clauses (2) to (4), as defined in section 169.121, subdivision 3, paragraph (a), clause (1);

(ii) civil liability under section 84.911, subdivision 2, or 86B.335, subdivision 2; or

(iii) conviction under an ordinance of this state or a statute or ordinance from another state in conformity with any of them; or

(2) within ten years of the first of two or more prior:

(i) impaired driving convictions under subdivision 1, sections 84.91, subdivision 1, 169.121, 169.129, or 609.21, subdivision 1, clauses (2) to (4), 2, clauses (2) to (4), 3, clauses (2) to (4), or 4, clauses (2) to (4), as defined in section 169.121, subdivision 3, paragraph (a), clause (1);

(ii) civil liabilities under section 84.911, subdivision 2, or 86B.335, subdivision 2;

(iii) convictions of ordinances in conformity with any of them; or

(iv) convictions or liabilities under any combination of items (i) to (iii).

(c) The attorney in the jurisdiction where the violation occurred who is responsible for prosecution of misdemeanor violations of this section is also responsible for prosecution of gross misdemeanor violations of this section. When an attorney responsible for prosecuting gross misdemeanors under this section requests criminal history information relating to prior convictions from a court, the court must furnish the information without charge.

(d) A person who operates a motorboat on the waters of this state during the period the person is prohibited from operating any motorboat or after the person's watercraft operator's permit has been revoked, as provided under subdivision 6, is guilty of a misdemeanor.

Sec. 7. [86B.337] [FORFEITURE OF MOTORBOATS.]

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them:

(a) "Appropriate agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.

(b) "Designated offense" means a violation of section 86B.331 or an ordinance in conformity with it:

(1) occurring within five years of the first of three prior impaired driving convictions or the first of three prior license revocations based on separate impaired driving incidents;

(2) occurring within 15 years of the first of four or more prior impaired driving convictions or the first of four or more prior license revocations based on separate impaired driving incidents;

(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8); or

(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 that provides that the person may not use or consume any amount of alcohol or a controlled substance.

(c) "Motorboat" has the meaning given in section 86B.005, subdivision 9.

(d) "Owner" means the registered owner of the motorboat according to records of the department of natural resources and includes a lessee of a motorboat if the lease agreement has a term of 180 days or more.

(e) "Prior impaired driving conviction" has the meaning given in section 169.121, subdivision 3.

(f) "Prior license revocation" has the meaning given in section 169.121, subdivision 3.

(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.

Subd. 2. [SEIZURE.] (a) A motorboat subject to forfeiture under this section may be seized by the appropriate agency upon process issued by any court having jurisdiction over the motorboat.

(b) Property may be seized without process if:

(1) the seizure is incident to a lawful arrest or a lawful search;

(2) the motorboat subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding under this section; or

(3) the appropriate agency has probable cause to believe that the delay occasioned by the necessity to obtain process would result in the removal or destruction of the motorboat.

(c) If property is seized without process under paragraph (b), clause (3), the prosecuting authority must institute a forfeiture action under this section as soon as is reasonably possible.

Subd. 3. [RIGHT TO POSSESSION; CUSTODY.] All right, title, and interest in a motorboat subject to forfeiture under this section vests in the appropriate agency upon commission of the designated offense giving rise to the forfeiture. A motorboat seized under this section is not subject to replevin, but is deemed to be in the custody of the appropriate agency subject to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When the motorboat is seized, the appropriate agency may:

(1) place the motorboat under seal;

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

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

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

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

Subd. 5. [EVIDENCE.] Certified copies of driver's license records concerning prior license revocations are admissible as substantive evidence when necessary to prove the commission of a designated offense.

Subd. 6. [FORFEITURE FOR COMMITTING DESIGNATED OFFENSE.] A motorboat is subject to forfeiture under this section if it was used in the commission of a designated offense.

Subd. 7. [LIMITATIONS ON FORFEITURE.] (a) A motorboat is subject to forfeiture under this section only if the driver is convicted of the designated offense upon which the forfeiture is based.

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

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

(d) A vehicle is subject to forfeiture under this section only if the owner was privy to the act or omission upon which the forfeiture is based, or the act or omission occurred with the owner's knowledge or consent.

Subd. 8. [FORFEITURE PROCEDURE.] (a) A motorboat used to commit a designated offense is subject to forfeiture under this subdivision.

(b) A separate complaint must be filed against the motorboat, describing it, and specifying that it was used in the commission of a designated offense and specifying the time and place of its unlawful use. If the person charged with a designated offense is not convicted of the offense, the court shall dismiss the complaint against the motorboat and order the property returned to the person legally entitled to it. If the lawful ownership of the motorboat used in the commission of a designated offense can be determined and it is found the owner was not privy to commission of a designated offense, the motorboat must be returned immediately.

Subd. 9. [DISPOSITION OF FORFEITED MOTORBOATS; PROCEEDS ALLOCATED.] (a) On finding under subdivision 8 that the motorboat is subject to forfeiture, the court shall order the appropriate agency to:

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

(2) keep the motorboat for official use.

(b) The proceeds from the sale of forfeited motorboats, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property, must be forwarded to the treasury of the political subdivision that employs the appropriate agency responsible for the forfeiture for use in DWI-related enforcement, training, and education. If the appropriate agency making the arrest leading to the forfeiture is an agency of state government, the net proceeds must be forwarded to the water recreation account in the natural resources fund.

Subd. 10. [REPORTING REQUIREMENT.] The appropriate agency shall provide to the state auditor, on an annual basis and in a manner prescribed by the state auditor, a written record of each forfeiture incident. The record must include a brief description of the vehicle forfeited, its value, the actual or estimated amount of net proceeds from the sale of the vehicle, the dates of the incident and the forfeiture, and a brief description of the circumstances of the impaired driving incident giving rise to the forfeiture. The state auditor shall report annually to the legislature on the nature and extent of forfeitures pursuant to this section.

Sec. 8. Minnesota Statutes 1994, section 169.1217, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] As used in this section, the following terms have the meanings given them:

(a) "Appropriate authority agency" means a law enforcement agency that has the authority to make an arrest for a violation of a designated offense.

(b) "Designated offense" includes a violation of section 169.121, an ordinance in conformity with it, or 169.129:

(1) within five years of three prior impaired driving under the influence convictions or three prior license revocations based on separate incidents;

(2) within 15 years of the first of four or more prior impaired driving under the influence convictions or the first of four or more prior license revocations based on separate incidents;

(3) by a person whose driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (8); or

(4) by a person who is subject to a restriction on the person's driver's license under section 171.09 which provides that the person may not use or consume any amount of alcohol or a controlled substance.

"Designated offense" also includes a violation of section 169.121, subdivision 3, paragraph (c), clause (4):

(1) within five years of two prior impaired driving under the influence convictions or two prior license revocations based on separate incidents; or

(2) within 15 years of the first of three or more prior impaired driving under the influence convictions or the first of three or more prior license revocations based on separate incidents.

(c) "Motor vehicle" and "vehicle" have the meaning given "motor vehicle" in section 169.121, subdivision 11. The terms do not include a vehicle which is stolen or taken in violation of the law.

(d) "Owner" means the registered owner of the motor vehicle according to records of the department of public safety and includes a lessee of a motor vehicle if the lease agreement has a term of 180 days or more.

(e) "Prior impaired driving under the influence conviction" means a prior conviction under section 169.121; 169.129; or 609.21, subdivision 1, clauses (2) to (4); 2, clauses (2) to (4); 2a, clauses (2) to (4); 3, clauses (2) to (4); or 4, clauses (2) to (4); or an ordinance from this state, or a statute or ordinance from another state in conformity with any of them has the meaning given it in section 169.121, subdivision 3. A prior impaired driving under the influence conviction also includes a prior juvenile adjudication that would have been a prior impaired driving under the influence conviction if committed by an adult.

(f) "Prior license revocation" has the meaning given it in section 169.121, subdivision 3.

(g) "Prosecuting authority" means the attorney in the jurisdiction in which the designated offense occurred who is responsible for prosecuting violations of a designated offense.

Sec. 9. Minnesota Statutes 1994, section 169.1217, subdivision 7, is amended to read:

Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] (a) A vehicle is subject to forfeiture under this section only if the driver is convicted of the designated offense upon which the forfeiture is based.

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

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

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

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

Sec. 10. [EFFECTIVE DATE.]

Sections 1 to 9 are effective August 1, 1995, and apply to designated offenses committed on or after that date."

Delete the title and insert:

"A bill for an act relating to recreational vehicles; driving while intoxicated; providing for forfeiture of snowmobiles, all-terrain vehicles, and motorboats for designated, DWI-related offenses; extending vehicle forfeiture law by expanding the definition of prior conviction to include other types of vehicles; amending Minnesota Statutes 1994,

sections 84.83, subdivision 2, and by adding a subdivision; 84.91, subdivision 5; 84.927, subdivision 1; 86B.331, subdivision 5; and 169.1217, subdivisions 1 and 7; proposing coding for new law in Minnesota Statutes, chapters 84; and 86B."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 538, A bill for an act relating to state agencies; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [15.101] [CUSTOMER SERVICE.]

Subdivision 1. [DEFINITIONS.] For purposes of this section and section 15.102:

(1) "business license" or "license" has the meaning given it in section 116J.70, subdivision 2, and also includes licenses and other forms of approval listed in section 116J.70, subdivision 2a, clauses (1) and (3) to (8);

(2) "customer service contract" means the contract described in subdivision 3;

(3) "customer" means an individual; a small business as defined in section 645.445, but including a nonprofit corporation that otherwise meets the definition of that section; a family farm, family farm corporation, or family farm partnership as defined by section 500.24, subdivision 2; or a unit of local government, any of whom needs a business license or license from one or more agencies of state government; and

(4) "customer service coordinator" means the state agency with the most significant license requirement or the designee of that agency.

Subd. 2. [RESPONSIBILITY FOR CUSTOMER NEEDS.] If a customer identifies that there is more than one department or agency of state government that must take action before a customer can proceed with an activity, the customer service coordinator must assume primary responsibility for coordinating the actions of all identified departments or agencies.

Subd. 3. [CONTRACT WITH CUSTOMER.] A customer may require the customer service coordinator to enter into a customer service contract regarding the following issues:

(1) specifying each department or agency necessary to serve the customer's needs;

(2) identifying the specific employee or employees in each department or agency who will be accountable for that department's or agency's work in serving the customer, along with each employee's telephone number, fax number, if any, postal address, and electronic mail address, if any;

(3) identifying all licenses, permits, or other forms of approval the customer will need from state government for the customer to proceed with the customer's activity;

(4) a timetable and work plan by which the various departments and agencies will respond to the customer's needs; and

(5) other matters the parties agree should be addressed in the customer service contract.

The customer service coordinator must enter into a contract under this section within 30 days of a request by a customer. However, if a contract under this section must be approved by a board, and if the board does not meet within 30 days of the request by a customer, the customer service coordinator must enter into a contract within five days after the first board meeting after the request by a customer.

The customer service coordinator shall require the customer to submit information necessary for the coordinator to determine what state agency approvals are required. A contract entered into under this section and section 15.102 is void if the customer submitted inadequate or inaccurate information, and the inadequacy or inaccuracy of the information is relevant to state agency approval of the customer's request.

Sec. 2. [15.102] [TIME LIMITATION.]

Subdivision 1. [COORDINATION; APPROVAL.] The customer service coordinator must assure that all identified departments and agencies take action on all licenses, permits, or other forms of approval identified in the contract. If action on any license, permit, or other form of approval is not concluded within 45 days of the signing of the contract, or within a longer period specified pursuant to subdivision 2, the license, permit, or other form of approval is deemed granted.

Subd. 2. [LONGER TIME LIMITS.] (a) The customer service coordinator may provide a time limit longer than the 45 days provided in subdivision 1 only if:

(1) the customer service coordinator certifies that a longer period is necessary to protect against serious and significant harm to the public health, safety, or welfare;

(2) an agency, in its discretion, certifies and states reasons why a longer period is necessary to carry out state or federal requirements or purposes, in which case the longer period must be specified in the contract; or

(3) one of the agencies that must take action is a multimember board, in which case the time limit in the contract must include sufficient time for the board to act on recommendations from its staff.

(b) The 45-day period in this section does not begin to run until the customer has completed any required application in complete, correct form, and has supplied any required information or documentation.

Subd. 3. [EXCLUSIONS.] This section does not apply to a license, permit, or other form of approval, the issuance of which requires:

(1) one or more public hearings; or

(2) an environmental impact statement or environmental assessment worksheet.

Subd. 4. [COMPLIANCE.] Where a license, permit, or other form of approval is deemed granted pursuant to subdivision 1, nothing in this section limits the ability or right of any state agency or department to suspend, limit, revoke, or change a license, permit, or other form of approval for failure by the customer to comply with applicable laws or rules.

Subd. 5. [LIMIT ON REVIEW.] The decision of an agency under subdivision 2 that a time period longer than 45 days is necessary to carry out statutory requirements or statutory purposes is not subject to judicial review.

Sec. 3. [15.442] [REFUNDS OF LICENSE FEES.]

Subdivision 1. [DEFINITIONS.] For purposes of this section:

(1) "agency" has the meaning given it in section 16B.01, subdivision 2;

(2) "applicant" means an individual; a small business as defined by section 645.445; or a family farm, family farm corporation, or family farm partnership as defined by section 500.24, subdivision 2;

(3) "license" means a license, permit, variance, order, or other document or agency action required to permit an applicant to engage in certain conduct, perform an action, or refrain from performing an action; and

(4) "fee" means an amount of money paid for a license as defined in clause (3) that covers the cost of processing, investigating, and issuing the license, including a fee paid to a political subdivision or an agent of the state or a political subdivision, but does not include:

(i) any charge the collection of which is administered by the commissioner of revenue, other than a fee for a license the commissioner issues;

(ii) reemployment insurance tax required by chapter 268; or

(iii) motor vehicle registration tax required by chapter 168.

Subd. 2. [REFUNDS REQUIRED.] An agency, upon request of an applicant, shall refund the fee paid by the applicant for a license if the agency has not taken final action on the application and conveyed the license, or other action on the application, to the applicant within six weeks of receiving the application in complete, correct form together with any required information or documentation and after any necessary inspection. An agency has conveyed a license or other action when, as shown by agency records, it has taken the normal steps used by the agency to deliver a license or notification of other action to an applicant. Delivery by mail is accomplished when a license or other notification is deposited with the postal service. A request for a refund may be made in writing or by facsimile within one year after filing the application. An agency shall not refund a fee paid by an applicant if the agency was prevented from taking final action on the license within six weeks because of (1) a work stoppage, or (2) a requirement of federal law or court order imposed or entered after July 1, 1995. This section does not apply to licenses issued by health regulatory agencies under chapter 214, to drivers' licenses, or to licenses the issuance of which requires:

(1) one or more public hearings or public notice requirements;

(2) verification of an applicant's background, credentials, or financial condition;

(3) an environmental impact statement or environmental assessment worksheet;

(4) a drawing to determine successful applicants for a limited number of licenses;

(5) following a specific timetable for issuance that is otherwise prescribed by law;

(6) inspection during a period of open water; or

(7) an annual report of water use.

Subd. 3. [RULES PROHIBITED.] An agency may not adopt rules limiting, adding conditions to, or otherwise governing the issuance of refunds under this section.

Subd. 4. [EFFECT ON LICENSE.] The refund of a fee as required by this section does not relieve the affected agency from its obligation to issue the license for which the fee was initially paid, if the other requirements for issuance of the license have been met.

Sec. 4. [NO ADDITIONAL RESOURCES.]

During the biennium ending June 30, 1997, agencies must accomplish the requirements of sections 1 and 2 with existing resources.

Sec. 5. [EFFECTIVE DATE.]

Section 3 is effective July 1, 1995, and applies to applications filed after June 30, 1995."

Delete the title and insert:

"A bill for an act relating to state agencies; authorizing state agencies to enter into customer service contracts; requiring the refund of license fees to certain applicants if licenses are not issued within six weeks; proposing coding for new law in Minnesota Statutes, chapter 15."

With the recommendation that when so amended the bill pass.

The report was adopted.

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

S. F. No. 557, A bill for an act relating to employment; authorizing the legislative commission on employee relations to modify compensation for certain managerial positions in the higher education board; ratifying certain labor

agreements; amending Minnesota Statutes 1994, sections 3.855, subdivision 3; 179A.04, subdivision 3; and 179A.16, subdivisions 6, 7, and 8.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 1994, section 3.855, subdivision 3, is amended to read:

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

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

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

(c) review and approve, reject or modify recommendations for salaries submitted by the governor under section 43A.18, subdivision 5, covering agency head positions listed in section 15A.081;

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

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

Sec. 2. [RATIFICATIONS.]

Subdivision 1. [STATE UNIVERSITY FACULTY.] The labor agreement between the state of Minnesota and interfaculty organization, approved by the legislative commission on employee relations on August 22, 1994, is ratified.

Subd. 2. [STATE UNIVERSITY ADMINISTRATIVE AND SERVICE FACULTY.] The labor agreement between the state of Minnesota and the Minnesota state university association of administrative and service faculty, approved by the legislative commission on employee relations on August 22, 1994, is ratified.

Subd. 3. [STATE UNIVERSITY EXCLUDED ADMINISTRATORS.] The compensation plan for excluded administrators of the state university system, approved by the legislative commission on employee relations on August 22, 1994, is ratified.

Subd. 4. [TECHNICAL COLLEGE UNCLASSIFIED UNREPRESENTED EMPLOYEES.] The compensation plan for unclassified, unrepresented employees of the technical college board, approved by the legislative commission on employee relations on August 22, 1994, is ratified.

Subd. 5. [COMMUNITY COLLEGE UNCLASSIFIED UNREPRESENTED ADMINISTRATORS.] The compensation plan for unrepresented, unclassified administrators in the community college system, approved by the legislative commission on employee relations on December 13, 1994, is ratified.

Subd. 6. [HIGHER EDUCATION BOARD EXCLUDED ADMINISTRATORS.] The compensation plan for excluded administrators of the higher education board, as amended and approved by the legislative commission on employee relations on December 13, 1994, is ratified, except that article 1.9, subdivision 4(b), "Dependent Health Insurance: Technical College Administrators," is amended to provide that the employer shall contribute an amount equal to the lesser of 90 percent of the dependent premium of the lowest cost carrier, or the actual dependent premium of the health plan chosen by the excluded administrator.

Subd. 7. [MANAGERIAL PLAN.] The amendments to the managerial plan, approved by the commission on December 13, 1994, are ratified.

Subd. 8. [NONMANAGERIAL, UNREPRESENTED EMPLOYEES PLAN.] The amendments to the plan for nonmanagerial, unrepresented employees, as approved by the legislative commission on employee relations on December 13, 1994, is ratified.

Sec. 3. [EFFECTIVE DATE.]

Sections 1 and 2 are effective the day following final enactment."

Delete the title and insert:

"A bill for an act relating to employment; ratifying certain labor agreements; amending Minnesota Statutes 1994, section 3.855, subdivision 3."

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. No. 598 was read for the second time.

S. F. Nos. 558, 579, 1076, 1170, 1393, 399, 538 and 557 were read for the second time.

The following House Files were introduced:

Finseth, Hackbarth, Daggett, Worke and Knight introduced:

H. F. No. 1899, A bill for an act relating to natural resources; prohibiting the obstruction or impedance of hunters, trappers, or anglers; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 97A; repealing Minnesota Statutes 1994, section 97A.037.

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

Tomassoni; Anderson, I.; Frerichs; Sarna and Osthoff introduced:

H. F. No. 1900, A bill for an act relating to lotteries; authorizing the state lottery to operate video lottery terminals; changing method of taxation on pull-tabs and tipboards; renaming the Minnesota amateur sports commission as the Minnesota sports commission; prescribing penalties; amending Minnesota Statutes 1994, sections 240A.01, subdivision 2; 240A.04; 240A.08; 297A.259; 297E.02, subdivision 4; 297E.031, subdivisions 1 and 2; 299L.03, subdivision 1; 349.12, subdivision 21; 349.15, subdivision 1; 349A.01, subdivisions 10, 11, 12, and by adding subdivisions; 349A.06, subdivisions 1, 5, 8, 10, 11, and by adding subdivisions; 349A.07, subdivision 1; 349A.08, subdivisions 1, 5, and by adding a subdivision; 349A.09, subdivision 1; 349A.10, subdivisions 2, 3, 4, 5, and by adding a subdivision; 349A.11; 349A.12, subdivisions 1 and 2; 349A.13; 609.651, subdivision 1; 609.75, subdivision 4; and 609.761, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 349A; repealing Minnesota Statutes 1994, section 297E.01, subdivision 9.

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

The following House Advisory was introduced:

Dawkins, Bakk, Ostrom and Rest introduced:

H. A. No. 14, A proposal to study the tax expenditures for interest on home mortgages.

The advisory was referred to the Committee on Taxes.

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. 265, A bill for an act relating to gambling; making technical amendments to eliminate references to teleracing facilities; regulating testing facilities for the testing of gambling devices; regulating bingo and lawful purpose expenditures, and credit and sales to delinquent organizations; providing for contributions to certain compulsive gambling programs; amending Minnesota Statutes 1994, sections 240.01, subdivisions 18 and 23; 240.10; 240.19; 240.23; 240.27, subdivisions 2, 3, 4, and 5; 299L.01, subdivision 1; 299L.03, subdivision 1; 299L.07, subdivisions 1, 2, 4, 5, 6, and by adding a subdivision; 349.12, subdivision 25, and by adding a subdivision; 349.17, subdivision 1; 349.191, subdivision 1a; and 349.211, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 299L; repealing Minnesota Statutes 1994, section 240.01, subdivisions 17 and 21.

The Senate has appointed as such committee:

Messrs. Berg, Janezich and Neuville.

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. 358, A bill for an act relating to utilities; clarifying that public utilities commission may extend deadline for rate suspension period by 20 days when necessary to first make final determination on another, previously filed rate case; allowing exemption from rate regulation for small electric utility franchise; allowing longer review time for granting petition for rehearing by public utilities commission; amending Minnesota Statutes 1994, sections 216B.16, subdivision 2, and by adding a subdivision; and 216B.27, subdivision 4.

The Senate has appointed as such committee:

Mses. Johnson, J. B.; Anderson and Lesewski.

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. 603, A bill for an act relating to taxation; making technical and administrative changes, corrections, and clarifications; amending Minnesota Statutes 1994, sections 270.47; 270.48; 270.485; 270.494; 270.50; 270.52; 270.53; 270.69, subdivision 10; 270B.03, subdivision 1; 270B.12, subdivision 2; 270B.14, subdivision 11; 272.121, subdivision 2; 273.11, subdivision 16; 273.1398, by adding a subdivision; 273.17, subdivision 2; 275.065, subdivision 6; 276.04, subdivision 2; 284.28, subdivision 2; 289A.18, subdivision 4; 289A.50, subdivision 1; 290.032, subdivisions 1 and 2; 290A.04, subdivisions 2h and 6; 295.50, subdivisions 1 and 4; 295.53, subdivisions 1 and 5; 295.55, by adding a subdivision; 295.57; 296.01, subdivision 34; 296.025, subdivision 1; 296.12, subdivisions 3 and 4; 297A.01, subdivision 3; 297E.02, subdivisions 1, 6, and 11; 297E.031, subdivision 1; 297E.13, subdivision 5; 298.75, subdivision 2; 325D.33, subdivision 4; 349.163, subdivision 5; 428A.01, subdivision 5; 428A.03, by adding a subdivision; 428A.05; 473.446, subdivision 1; and 473.711, subdivision 2; Laws 1994, chapter 587, article 1, section 27; repealing Minnesota Statutes 1994, sections 60A.15, subdivision 7; 270.49; 270.493; and 290A.04, subdivision 2i; Laws 1988, chapter 698, section 5; and Laws 1989, First Special Session chapter 1, article 7, section 9.

The Senate has appointed as such committee:

Messrs. Price; Johnson, D. J., and Moe, R. D.

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. 1105, A bill for an act relating to paternity; eliminating a presumption for husbands in certain cases; allowing husbands to join in a recognition of parentage; amending Minnesota Statutes 1994, sections 257.55, subdivision 1; 257.57, subdivision 2; and 257.75, subdivisions 1, 2, 4, and by adding a subdivision.

The Senate has appointed as such committee:

Ms. Krentz; Mr. Betzold and Ms. Kiscaden.

Said House File is herewith returned to the House.

Patrick E. Flahaven, Secretary of the Senate

Mr. Speaker:

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

H. F. No. 1442, A bill for an act relating to health; occupations and professions; modifying provisions relating to the office of mental health practice; licensing of chemical dependency counselors and hearing instrument dispensers; establishing an advisory council; providing penalties; amending Minnesota Statutes 1994, sections 148B.66, subdivisions 1 and 2, and by adding a subdivision; 148B.68, subdivision 1; 148C.01; 148C.02; 148C.03, subdivision 1, and by adding a subdivision; 148C.04, subdivisions 1, 2, 3, and 4; 148C.05; 148C.06; 148C.07; 148C.08; 148C.09; 148C.10; 148C.11; 153A.13; 153A.14; 153A.15, subdivisions 1 and 2; 153A.17; 153A.18; 153A.19; 214.01, subdivision 2; 214.10, subdivision 8; and 214.103, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 148C; and 153A; repealing Minnesota Statutes 1994, sections 148B.62; 148C.01, subdivision 8; 148C.03, subdivisions 2 and 3; 148C.035; 148C.09, subdivision 3; and 153A.19, subdivision 1; Minnesota Rules, chapters 4692; and 4745.

Patrick E. Flahaven, Secretary of the Senate

Greenfield moved that the House concur in the Senate amendments to H. F. No. 1442 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1442, A bill for an act relating to health; occupations and professions; modifying provisions relating to the office of mental health practice; licensing of chemical dependency counselors and hearing instrument dispensers; establishing an advisory council; providing penalties; amending Minnesota Statutes 1994, sections 148B.66, subdivision 1; 148B.68, subdivision 1; 148C.01; 148C.02; 148C.03, subdivision 1, and by adding a subdivision; 148C.04, subdivisions 1, 2, 3, and 4; 148C.05; 148C.06; 148C.07; 148C.08; 148C.09; 148C.10; 148C.11; 153A.13; 153A.14; 153A.15, subdivisions 1 and 2; 153A.17; 153A.18; 153A.19; 214.01, subdivision 2; 214.10, subdivision 8; and 214.103, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 148C; and 153A; repealing Minnesota Statutes 1994, sections 148B.62; 148C.01, subdivision 8; 148C.03, subdivisions 2 and 3; 148C.035; 148C.09, subdivision 3; and 153A.19, subdivision 1; Minnesota Rules, chapters 4692; and 4745.

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

The question was taken on the repassage of the bill and the roll was called. There were 93 yeas and 30 nays as follows:

Those who voted in the affirmative were:

Abrams       Finseth      Kraus        Murphy       Smith
Bakk         Garcia       Larsen       Olson, E.    Solberg
Bertram      Goodno       Leighton     Opatz        Swenson, D.
Bishop       Greenfield   Leppik       Orenstein    Sykora
Boudreau     Greiling     Lieder       Orfield      Tomassoni
Bradley      Haas         Long         Osskopp      Tompkins
Brown        Hasskamp     Lourey       Ostrom       Trimble
Carlson      Hausman      Luther       Pawlenty     Tunheim
Carruthers   Holsten      Lynch        Pelowski     Vickerman
Commers      Hugoson      Macklin      Perlt        Wagenius
Cooper       Huntley      Mahon        Pugh         Warkentin
Dauner       Jaros        Mares        Rhodes       Weaver
Dawkins      Jefferson    Mariani      Rice         Wejcman
Delmont      Johnson, A.  Marko        Rostberg     Wenzel
Dempsey      Johnson, R.  McCollum     Rukavina     Winter
Dorn         Kahn         McElroy      Sarna        Worke
Entenza      Kalis        McGuire      Schumacher   Sp.Anderson,I
Erhardt      Kelley       Milbert      Simoneau     
Farrell      Kelso        Munger       Skoglund     

Anderson, B. Girard       Krinkie      Paulsen      Van Engen
Bettermann   Hackbarth    Lindner      Pellow       Wolf 
Broecker     Harder       Molnau       Peterson     
Daggett      Johnson, V.  Mulder       Seagren      
Davids       Knight       Ness         Sviggum      
Dehler       Knoblach     Olson, M.    Swenson, H.  
Frerichs     Koppendrayer Onnen        Tuma         

Mr. Speaker:

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

H. F. No. 1037, A bill for an act relating to health; providing rulemaking authority; modifying enforcement and fee provisions; modifying the hearing instrument dispenser trainee period; providing penalties; amending Minnesota Statutes 1994, sections 144.414, subdivision 3; 144.417, subdivision 1; 144.99, subdivisions 1, 4, 6, 8, and 10; 144.991, subdivision 5; 326.71, subdivision 4; 326.75, subdivision 3a; and 326.78, subdivisions 2 and 9; proposing coding for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes 1994, sections 144.877, subdivision 5; and 144.8781, subdivision 4; Laws 1989, chapter 282, article 3, section 28; and Laws 1993, chapter 286, section 11; Minnesota Rules, part 4620.1500.

Patrick E. Flahaven, Secretary of the Senate

Huntley moved that the House concur in the Senate amendments to H. F. No. 1037 and that the bill be repassed as amended by the Senate. The motion prevailed.

H. F. No. 1037, A bill for an act relating to health; providing rulemaking authority; modifying enforcement and fee provisions; modifying the hearing instrument dispenser trainee period; providing penalties; amending Minnesota Statutes 1994, sections 144.414, subdivision 3; 144.417, subdivision 1; 144.98, subdivision 3; 144.99, subdivisions 1, 4, 6, 8, and 10; 144.991, subdivision 5; 326.71, subdivision 4; 326.75, subdivision 3a; and 326.78, subdivisions 2 and 9; proposing coding for new law in Minnesota Statutes, chapters 144; and 157; repealing Minnesota Statutes 1994, sections 144.877, subdivision 5; and 144.8781, subdivision 4; Laws 1993, chapter 286, section 11; Minnesota Rules, part 4620.1500.

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

The question was taken on the repassage of the bill and the roll was called. There were 121 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

McElroy      Olson, M.    Paulsen      Seagren      

Mr. Speaker:

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

S. F. No. 1199, A bill for an act relating to motor vehicles; requiring vehicle buyer to notify registrar of motor vehicles of vehicle transfer within ten days; imposing fees and penalties; appropriating money; amending Minnesota Statutes 1994, sections 168.101, subdivision 2; 168.11, subdivision 3; 168.15; 168.17; 168A.05, subdivision 5; and 168A.10, subdivisions 1 and 2; proposing coding for new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1994, section 168A.10, subdivision 6.

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

Messrs. Belanger, Marty and Knutson.

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

Erhardt 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. 1199. The motion prevailed.

Mr. Speaker:

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

S. F. No. 992, A bill for an act relating to health; reinstating certain advisory councils and a task force; amending Minnesota Statutes 1994, section 326.41.

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

Ms. Kiscaden; Mr. Betzold and Ms. Berglin.

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

Lourey 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. 992. The motion prevailed.

Mr. Speaker:

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

S. F. Nos. 1089, 230 and 503.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 1089, A bill for an act relating to traffic regulations; exempting highways, freeways, and expressways from noise limits; requiring noise abatement study and measures for freeways and expressways contingent on available funding; requiring annual noise abatement report; amending Minnesota Statutes 1994, sections 116.07, subdivision 2a; 160.02, by adding a subdivision; 161.125, subdivision 1; and 169.14, subdivision 5d.

The bill was read for the first time and referred to the Committee on Economic Development, Infrastructure and Regulation Finance.

S. F. No. 230, A bill for an act relating to claims against governmental units; increasing tort liability limits; amending Minnesota Statutes 1994, sections 3.736, subdivision 4; and 466.04, subdivisions 1 and 3.

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

S. F. No. 503, A bill for an act relating to civil actions; providing for the Minnesota collection enterprise; imposing duties and providing powers; providing for the disclosure of certain data; imposing a collection penalty; providing for venue of conciliation court actions; authorizing certain appearances; appropriating money; amending Minnesota Statutes 1994, sections 8.16, by adding a subdivision; 16D.02, subdivision 6, and by adding a subdivision; 16D.04, subdivisions 1 and 3; 16D.06; 16D.08, subdivision 2; 491A.01, subdivision 8; and 491A.02, subdivision 4; proposing coding for new law in Minnesota Statutes, chapter 16D.

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

The following Conference Committee Report was received:

A bill for an act relating to commerce; residential building contractors; regulating licensees; providing a clarification; amending Minnesota Statutes 1994, sections 326.83, subdivision 5, and by adding a subdivision; 326.84, subdivision 3; 326.91, subdivision 1; 326.95, subdivision 2; and 326.975, subdivision 1.

May 4, 1995

The Honorable Irv Anderson

Speaker of the House of Representatives

The Honorable Allan H. Spear

President of the Senate

We, the undersigned conferees for H. F. No. 536, report that we have agreed upon the items in dispute and recommend as follows:

That the Senate recede from its amendment.

We request adoption of this report and repassage of the bill.

House Conferees: Matt Entenza, John J. Sarna and Richard Pellow.

Senate Conferees: Warren Limmer, Kevin M. Chandler and Cal Larson.

Entenza moved that the report of the Conference Committee on H. F. No. 536 be adopted and that the bill be repassed as amended by the Conference Committee. The motion prevailed.

H. F. No. 536, A bill for an act relating to commerce; residential building contractors; regulating licensees; providing a clarification; amending Minnesota Statutes 1994, sections 326.83, subdivision 5, and by adding a subdivision; 326.84, subdivision 3; 326.91, subdivision 1; 326.95, subdivision 2; and 326.975, subdivision 1.

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

The question was taken on the repassage of the bill and the roll was called. There were 105 yeas and 20 nays as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Leppik       Osthoff      Sykora
Bakk         Goodno       Lieder       Ostrom       Tomassoni
Bertram      Greenfield   Long         Ozment       Tompkins
Bishop       Greiling     Lourey       Pawlenty     Trimble
Boudreau     Haas         Luther       Pellow       Tuma
Bradley      Harder       Lynch        Pelowski     Tunheim
Broecker     Hausman      Macklin      Perlt        Van Dellen
Brown        Holsten      Mahon        Peterson     Van Engen
Carlson      Huntley      Mares        Pugh         Vickerman
Carruthers   Jaros        Mariani      Rhodes       Wagenius
Commers      Jefferson    Marko        Rice         Warkentin
Cooper       Johnson, A.  McCollum     Rostberg     Weaver
Dauner       Johnson, R.  McElroy      Rukavina     Wejcman
Dawkins      Kahn         McGuire      Sarna        Wenzel
Dehler       Kalis        Milbert      Schumacher   Winter
Delmont      Kelley       Munger       Seagren      Worke
Dempsey      Kelso        Murphy       Simoneau     Sp.Anderson,I
Dorn         Knoblach     Ness         Skoglund     
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Entenza      Koppendrayer Olson, E.    Smith        
Erhardt      Kraus        Opatz        Solberg      
Farrell      Larsen       Orenstein    Swenson, D.  
Finseth      Leighton     Osskopp      Swenson, H.  

Anderson, B. Frerichs     Hugoson      Lindner      Onnen
Bettermann   Girard       Johnson, V.  Molnau       Paulsen
Daggett      Hackbarth    Knight       Mulder       Sviggum
Davids       Hasskamp     Krinkie      Olson, M.    Wolf 

H. F. No. 1623 was reported to the House.

Wenzel moved that H. F. No. 1623 be continued on Special Orders. The motion prevailed.

S. F. No. 255 was reported to the House.

Carruthers moved to amend S. F. No. 255 as follows:

Delete everything after the enacting clause and insert:

"Section 1. [183.3521] [ELEVATOR MECHANICS; REGISTRATION.]

The wiring, installation, alteration, modernization, and repair of the mechanical and electrical apparatus of an elevator that is used to move persons must be performed by a person registered by the commissioner as an elevator mechanic or by a person acting under the direct on-site supervision of a registered elevator mechanic. A registered mechanic may supervise not more than five persons performing work otherwise required to be performed by a registered mechanic.

To be registered by the commissioner, a person must have successfully completed the national elevator industry education program or a program found by the commissioner to be equivalent and must possess an elevator constructor or master elevator constructor license issued by the state board of electricity. Nothing in this section will supersede or replace sections 326.241 to 326.248.

Sec. 2. Minnesota Statutes 1994, section 183.355, subdivision 3, is amended to read:

Subd. 3. [MINIMUM REQUIREMENTS.] No person, firm, or corporation may construct, install, or repair an elevator that does not meet the minimum requirements of this chapter, adopted sections 183.351 to 183.358, rules, or national codes adopted by rule.

Sec. 3. Minnesota Statutes 1994, section 183.357, subdivision 1, is amended to read:

Subdivision 1. [PERMITS.] No person, firm, or corporation may construct, perform alterations, or install an elevator without first filing an application for obtaining a permit with the department of labor and industry or a municipality authorized by subdivision 3 to inspect elevators. Projects under actual construction before July 1, 1989, are not required to obtain a permit from the department. Upon successfully completing inspection and the payment of the appropriate fee, the owner must be granted an operating permit for the elevator.

Sec. 4. Minnesota Statutes 1994, section 183.357, subdivision 2, is amended to read:

Subd. 2. [CONTRACTOR LICENSES.] The commissioner may shall by rule establish criteria for the qualifications of elevator contractors and issue licenses based upon proof of the applicant's qualifications.

Sec. 5. Minnesota Statutes 1994, section 183.357, subdivision 4, is amended to read:

Subd. 4. [DEPOSIT OF FEES.] Fees received under this section must be deposited in the state treasury and credited to the special revenue fund and are appropriated to the commissioner for the purposes of sections 183.351 to 183.358.

Sec. 6. Minnesota Statutes 1994, section 183.358, is amended to read:

183.358 [RULES.]

The commissioner may shall adopt rules for the following purposes:

(1) to set a fee under section 16A.128 16A.1285 for processing a construction or installation permit or elevator contractor license application;

(2) to set a fee under section 16A.128 16A.1285 to cover the cost of elevator inspections;

(3) to establish minimum qualifications for elevator inspectors that must include possession of a current journeyman elevator electrician's license issued by the state board of electricity and proof of successful completion of the national elevator construction mechanic examination industry education program or equivalent experience;

(4) to establish criteria for the qualifications of elevator contractors;

(5) to establish elevator standards under sections 16B.61, subdivisions 1 and 2, and 16B.64; and

(6) to establish procedures for appeals of decisions of the commissioner under chapter 14 and procedures allowing the commissioner, before issuing a decision, to seek advice from the elevator trade, building owners or managers, and others knowledgeable in the installation, construction, and repair of elevators.

Sec. 7. [183.3581] [APPLICATION.]

Nothing in sections 1 to 3 shall be construed to require registration or licensure of a person, or issuance of a permit to do minor repair work as that term is defined in Minnesota Rules, part 3800.3500, subpart 10.

Sec. 8. [EFFECTIVE DATE.]

Section 1 is effective July 1, 1995. Section 6 is effective the day following final enactment."

The motion prevailed and the amendment was adopted.

Carruthers and Rostberg moved to amend S. F. No. 255, as amended, as follows:

Page 1, line 10, after "modernization," insert "removal,"

Page 2, line 2, after "install," insert "remove,"

Page 2, line 9, after "alterations," insert "remove,"

Page 3, line 21, after "permit" insert "to demolish an elevator or"

The motion prevailed and the amendment was adopted.

S. F. No. 255, A bill for an act relating to elevators; regulating persons who may do elevator work; appropriating money; amending Minnesota Statutes 1994, sections 183.355, subdivision 3; 183.357, subdivisions 1, 2, and 4; and 183.358; proposing coding for new law in Minnesota Statutes, chapter 183.

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 89 yeas and 38 nays as follows:

Those who voted in the affirmative were:

Bakk         Greiling     Leppik       Olson, E.    Schumacher
Bertram      Haas         Lieder       Opatz        Simoneau
Bishop       Hackbarth    Long         Orenstein    Skoglund
Bradley      Harder       Lourey       Orfield      Smith
Brown        Hasskamp     Luther       Osthoff      Solberg
Carlson      Hausman      Lynch        Ostrom       Swenson, D.
Carruthers   Hugoson      Macklin      Ozment       Tomassoni
Cooper       Huntley      Mahon        Pawlenty     Tompkins
Dawkins      Jaros        Mares        Pellow       Trimble
Delmont      Jefferson    Mariani      Pelowski     Tunheim
Dempsey      Johnson, A.  Marko        Perlt        Vickerman
Dorn         Johnson, R.  McCollum     Peterson     Wagenius
Entenza      Kahn         McElroy      Pugh         Warkentin
Erhardt      Kelley       McGuire      Rest         Wejcman
Farrell      Kelso        Milbert      Rhodes       Wenzel
Finseth      Kraus        Munger       Rostberg     Winter
Garcia       Larsen       Murphy       Rukavina     Sp.Anderson,I
Greenfield   Leighton     Ness         Sarna        

Abrams       Davids       Knight       Onnen        Van Dellen
Anderson, B. Dehler       Knoblach     Osskopp      Van Engen
Bettermann   Frerichs     Koppendrayer Paulsen      Weaver
Boudreau     Girard       Krinkie      Seagren      Wolf
Broecker     Goodno       Lindner      Sviggum      Worke
Commers      Holsten      Molnau       Swenson, H.  Workman 
Daggett      Johnson, V.  Mulder       Sykora       
Dauner       Kalis        Olson, M.    Tuma         

S. F. No. 870, A bill for an act relating to elevator safety; changing responsibility for certain administrative and enforcement activities; changing certain exemptions; imposing penalties; amending Minnesota Statutes 1994, sections 16B.61, subdivisions 1 and 1a; 16B.72; 16B.73; 183.351, subdivisions 2 and 5; 183.353; 183.354; 183.355, subdivisions 1, 3, and by adding a subdivision; 183.357, subdivisions 1 and 3; 183.358; and 326.244, subdivision 5; proposing coding for new law in Minnesota Statutes, chapter 183.

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

The question was taken on the passage of the bill and the roll was called. There were 126 yeas and 1 nay as follows:

Those who voted in the affirmative were:

Abrams       Garcia       Krinkie      Opatz        Sviggum
JOURNAL OF THE HOUSE - 55th Day - Top of Page 3803

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

Lindner                   

S. F. No. 1543, A bill for an act relating to public finance; changing procedures for allocating bonding authority; changing provisions relating to housing programs and plans; amending Minnesota Statutes 1994, sections 462C.01; 462C.02, subdivision 3; 462C.04, subdivisions 2 and 3; 462C.071, subdivision 2; 474A.03, subdivisions 1 and 4; 474A.061, subdivisions 2a, 2c, 4, and 6; 474A.091, subdivisions 3 and 5; and 474A.131, subdivision 2; repealing Minnesota Statutes 1994, sections 462C.02, subdivision 2; 462C.03, subdivisions 1 and 5; and 462C.04, subdivision 1.

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

The question was taken on the passage of the bill and the roll was called. There were 118 yeas and 7 nays as follows:

Those who voted in the affirmative were:

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

Knight       McElroy      Sykora       Wolf 
Krinkie      Mulder       Tuma         

S. F. No. 1279 was reported to the House.

There being no objection, S. F. No. 1279 was temporarily laid over on Special Orders.

S. F. No. 734 was reported to the House.

Delmont, Perlt and McElroy moved to amend S. F. No. 734 as follows:

Page 2, line 25, after "1996," insert "the department of administration must adopt rules setting forth the standards and requirements under which"

Page 2, line 26, delete "providers" and insert "operators"

Page 2, line 33, delete "by December" and insert "on the date the rules adopted under paragraph (a) are effective"

Page 2, line 34, delete "31, 1996,"

Page 3, line 2, after "1997" insert "the department of administration must adopt rules setting forth the standards and requirements under which"

Page 3, line 3, delete "providers" and insert "operators"

Page 3, line 8, delete "July 1" and insert "on the date the rules adopted under paragraph (a) are effective"

Page 3, line 9, delete "1997,"

Page 4, delete lines 3 to 7 and insert:

"Subd. 9. [WAIVER.] The rules adopted by the department of administration under subdivision 4 must provide for the granting of waivers to all or part of the requirements of subdivisions 3 to 8 based on technical, financial, or nature of service considerations, and on whether for a particular class or type of private switch telephone service system operator there are a sufficient number of vendors willing and able to provide at competitive prices the equipment and services necessary to comply with subdivisions 3 to 8 of this section. Patient and resident care rooms and common areas in health care facilities served by a private switch telephone system shall be exempt from subdivisions 3 through 8 of this section."

Page 4, line 20, after "loss" insert "and is found to constitute gross negligence, recklessness, or intentional misconduct"

Page 4, after line 25, insert:

"Sec. 4. [EXEMPTION FOR SCHOOL DISTRICTS.]

Until January 1, 1998, school districts shall be exempt from section 403.04, subdivisions 3 through 8."

Page 4, line 26, delete "4" and insert "5"

The motion prevailed and the amendment was adopted.

S. F. No. 734, A bill for an act relating to telecommunications; regulating the 911 system; imposing requirements on private switch telephone service; imposing a civil penalty; amending Minnesota Statutes 1994, sections 403.02, by adding subdivisions; and 403.04.

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 69 yeas and 58 nays as follows:

Those who voted in the affirmative were:

Bakk         Greiling     Lieder       Olson, E.    Schumacher
Bertram      Hackbarth    Long         Opatz        Simoneau
Brown        Hasskamp     Lourey       Orenstein    Skoglund
Carlson      Hausman      Luther       Orfield      Solberg
Carruthers   Huntley      Lynch        Osthoff      Tomassoni
Cooper       Jaros        Mahon        Ostrom       Trimble
Dawkins      Jefferson    Mariani      Perlt        Tunheim
JOURNAL OF THE HOUSE - 55th Day - Top of Page 3805

Delmont      Johnson, A.  Marko        Peterson     Wagenius
Dorn         Johnson, R.  McCollum     Pugh         Wejcman
Entenza      Kahn         McElroy      Rest         Wenzel
Farrell      Kalis        McGuire      Rice         Winter
Frerichs     Kelley       Milbert      Rostberg     Workman
Garcia       Kelso        Munger       Rukavina     Sp.Anderson,I
Greenfield   Leighton     Murphy       Sarna        

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

S. F. No. 1279 which was temporarily laid over earlier today on Special Orders was again reported to the House.

McGuire moved to amend S. F. No. 1279 as follows:

Delete everything after the enacting clause and insert:

Section 1. Minnesota Statutes 1994, section 13.03, subdivision 6, is amended to read:

Subd. 6. [DISCOVERABILITY OF NOT PUBLIC DATA.] If a state agency, political subdivision, or statewide system opposes discovery of government data or release of data pursuant to court order on the grounds that the data are classified as not public, the party that seeks access to the data may bring before the appropriate presiding judicial officer, arbitrator, or administrative law judge an action to compel discovery or an action in the nature of an action to compel discovery.

The presiding officer shall first decide whether the data are discoverable or releasable pursuant to the rules of evidence and of criminal, civil, or administrative procedure appropriate to the action.

If the data are discoverable the presiding officer shall decide whether the benefit to the party seeking access to the data outweighs any harm to the confidentiality interests of the agency maintaining the data, or of any person who has provided the data or who is the subject of the data, or to the privacy interest of an individual identified in the data. In making the decision, the presiding officer shall consider whether notice to the subject of the data is warranted and, if warranted, what type of notice must be given. The presiding officer may fashion and issue any protective orders necessary to assure proper handling of the data by the parties. If the data are a videotape of a child victim of physical or sexual abuse, the presiding officer shall also consider the provisions of section 611A.90.

Sec. 2. Minnesota Statutes 1994, section 13.04, subdivision 3, is amended to read:

Subd. 3. [ACCESS TO DATA BY INDIVIDUAL.] Upon request to a responsible authority, an individual shall be informed whether the individual is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, an individual who is the subject of stored private or public data on individuals shall be shown the data without any charge and, if desired, shall be informed of the content and meaning of that data. After an individual has been shown the private data and informed of its meaning, the data need not be disclosed to that individual for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected or created. The responsible authority shall provide copies of the private or public data upon request by the individual subject of the data, except as provided in section 134.495. The responsible authority may require the requesting person to pay the actual costs of making, certifying, and compiling the copies.

The responsible authority shall comply immediately, if possible, with any request made pursuant to this subdivision, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If unable to comply with the request within that time, the responsible authority shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays.

Sec. 3. Minnesota Statutes 1994, section 13.06, subdivision 6, is amended to read:

Subd. 6. [EXPIRATION OF TEMPORARY CLASSIFICATION.] A temporary classification granted under this section shall expire ten days after the end of the second complete annual regular legislative session that follows the commissioner's granting of the temporary classification.

Sec. 4. Minnesota Statutes 1994, section 13.10, subdivision 5, is amended to read:

Subd. 5. [ADOPTION RECORDS.] Notwithstanding any provision of this chapter, adoption records shall be treated as provided in sections 259.21 259.53, 259.61, 259.79, and 259.83 to 259.89.

Sec. 5. Minnesota Statutes 1994, section 13.32, subdivision 2, is amended to read:

Subd. 2. [STUDENT HEALTH AND CENSUS DATA.] (a) Health data concerning students, including but not limited to, data concerning immunizations, notations of special physical or mental problems and records of school nurses; and pupil census data, including but not limited to, emergency information, family information and data concerning parents shall be considered are educational data. Access by parents to student health data shall be pursuant to section 13.02, subdivision 8.

(b) Pupil census data, including emergency information, family information, and data concerning parents are educational data.

Sec. 6. [13.3495] [COPIES OF VIDEOTAPES OF CHILD ABUSE VICTIMS.]

An individual subject of data may not obtain a copy of a videotape made as part of an investigation or evaluation of a child victim or alleged victim of physical or sexual abuse. The definitions of physical abuse and sexual abuse in section 626.556, subdivision 2, apply to this section, except that abuse is not limited to acts by a person responsible for the child's care or in a significant relationship with the child or position of authority.

This section does not limit other rights of access to data by an individual under section 13.04, subdivision 3, other than the right to obtain a copy of the videotape nor limit access pursuant to the rules of criminal procedure.

Sec. 7. [13.385] [HUNTINGTON'S DISEASE DATA.]

All data created, collected, received, or maintained by the commissioner of health on individuals relating to genetic counseling services for Huntington's Disease provided by the department of health is private data on individuals. The data shall be permanently transferred from the department to the Hennepin county medical center, and once transferred, shall continue to be classified as private data on individuals.

Sec. 8. Minnesota Statutes 1994, section 13.43, subdivision 2, is amended to read:

Subd. 2. [PUBLIC DATA.] (a) Except for employees described in subdivision 5, the following personnel data on current and former employees, volunteers, and independent contractors of a state agency, statewide system, or political subdivision and members of advisory boards or commissions is public: name; actual gross salary; salary range; contract fees; actual gross pension; the value and nature of employer paid fringe benefits; the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; job title; job description; education and training background; previous work experience; date of first and last employment; the existence and status of any complaints or charges against the employee, whether or not regardless of whether the complaint or charge resulted in a disciplinary action; the final disposition of any disciplinary action together with the specific reasons for the action and data documenting the basis of the action, excluding data that would identify confidential sources who are employees of the public body; the terms of any agreement settling any dispute arising out of the employment relationship; work location; a work telephone number; badge number; honors and awards received; payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data; and city and county of residence.

(b) For purposes of this subdivision, a final disposition occurs when the state agency, statewide system, or political subdivision makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or upon the failure of the employee to elect arbitration within the time provided by the collective bargaining agreement. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the state agency, statewide system, political subdivision, or arbitrator.

(c) The state agency, statewide system, or political subdivision may display a photograph of a current or former employee to a prospective witness as part of the state agency's, statewide system's, or political subdivision's investigation of any complaint or charge against the employee.

(d) A complainant has access to a statement provided by the complainant to a state agency, statewide system, or political subdivision in connection with a complaint or charge against an employee.

Sec. 9. Minnesota Statutes 1994, section 13.43, subdivision 5, is amended to read:

Subd. 5. [UNDERCOVER LAW ENFORCEMENT OFFICER.] All personnel data maintained by any state agency, statewide system or political subdivision relating to an individual employed as or an applicant for employment as an undercover law enforcement officer is are private data on individuals. When the individual is no longer assigned to an undercover position, the data become public unless the law enforcement agency determines that revealing the data would threaten the personal safety of the officer or jeopardize an ongoing active investigation.

Sec. 10. Minnesota Statutes 1994, section 13.43, is amended by adding a subdivision to read:

Subd. 9. [PEER COUNSELING DEBRIEFING DATA.] Information or opinion acquired by a peer group member in a public safety peer counseling debriefing is private data on the person being debriefed.

For purposes of this subdivision, "public safety peer counseling debriefing" means a group process oriented debriefing session held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any agency providing public safety emergency services and is designed to help a person who has suffered an occupation-related traumatic event begin the process of healing and effectively dealing with posttraumatic stress.

Sec. 11. Minnesota Statutes 1994, section 13.46, subdivision 2, is amended to read:

Subd. 2. [GENERAL.] (a) Unless the data is summary data or a statute specifically provides a different classification, data on individuals collected, maintained, used, or disseminated by the welfare system is private data on individuals, and shall not be disclosed except:

(1) pursuant to section 13.05;

(2) pursuant to court order;

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

(4) to an agent of the welfare system, including a law enforcement person, attorney, or investigator acting for it in the investigation or prosecution of a criminal or civil proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to determine eligibility, amount of assistance, and the need to provide services of additional programs to the individual;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) the amounts of cash public assistance and relief paid to welfare recipients in this state, including their names and social security numbers, upon request by the department of revenue to administer the property tax refund law, supplemental housing allowance, and the income tax;

(9) to the Minnesota department of economic security for the purpose of monitoring the eligibility of the data subject for reemployment insurance, for any employment or training program administered, supervised, or certified by that agency, or for the purpose of administering any rehabilitation program, whether alone or in conjunction with the welfare system, and to verify receipt of energy assistance for the telephone assistance plan;

(10) to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the individual or other individuals or persons;

(11) data maintained by residential facilities programs as defined in section 245A.02 may be disclosed to the protection and advocacy system established in this state pursuant to Part C of Public Law Number 98-527 to protect the legal and human rights of persons with mental retardation or other related conditions who live in residential facilities for these persons if the protection and advocacy system receives a complaint by or on behalf of that person and the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be disclosed to the higher education coordinating board to the extent necessary to determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant social security numbers and names collected by the telephone assistance program may be disclosed to the department of revenue to conduct an electronic data match with the property tax refund database to determine eligibility under section 237.70, subdivision 4a;

(15) the current address of a recipient of aid to families with dependent children may be disclosed to law enforcement officers who provide the name and social security number of the recipient and satisfactorily demonstrate that: (i) the recipient is a fugitive felon, including the grounds for this determination; (ii) the location or apprehension of the felon is within the law enforcement officer's official duties; and (iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance, work readiness, or general assistance medical care may be disclosed to probation officers and corrections agents who are supervising the recipient, and to law enforcement officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from food stamp applicant or recipient households may be disclosed to local, state, or federal law enforcement officials, upon their written request, for the purpose of investigating an alleged violation of the food stamp act, in accordance with Code of Federal Regulations, title 7, section 272.1(c); or

(18) data on a child support obligor who is in arrears may be disclosed for purposes of publishing the data pursuant to section 518.575; or

(19) data on child support payments made by a child support obligor may be disclosed to the obligee.

(b) Information on persons who have been treated for drug or alcohol abuse may only be disclosed in accordance with the requirements of Code of Federal Regulations, title 42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16), or (17), or paragraph (b), are investigative data and are confidential or protected nonpublic while the investigation is active. The data are private after the investigation becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is not subject to the access provisions of subdivision 10, paragraph (b).

Sec. 12. Minnesota Statutes 1994, section 13.49, is amended to read:

13.49 [SOCIAL SECURITY NUMBERS.]

Subdivision 1. [GENERAL.] The social security numbers of individuals collected or maintained by a state agency, statewide system, or political subdivision are private data on individuals, except to the extent that access to the social security number is specifically authorized by law.

Subd. 2. [COUNTY RECORDER OR REGISTRAR OF TITLES.] Subdivision 1 does not apply to social security numbers that appear in documents or records filed or recorded with the county recorder or registrar of titles, other than documents filed under section 600.23.

Sec. 13. Minnesota Statutes 1994, section 13.50, subdivision 2, is amended to read:

Subd. 2. [PUBLIC DATA.] The data made confidential or protected nonpublic by the provisions of subdivision 1 shall become public upon the occurrence of any of the following:

(a) The negotiating parties exchange appraisals;

(b) The data are submitted to a court appointed condemnation commissioner;

(c) The data are presented in court in condemnation proceedings; or

(d) The negotiating parties enter into an agreement for the purchase and sale of the property.

Sec. 14. Minnesota Statutes 1994, section 13.551, is amended to read:

13.551 [CLASSIFICATION OF SAINT PAUL PORT AUTHORITY DATA.]

Subdivision 1. [SAINT PAUL PORT AUTHORITY.] The following data not on individuals collected and maintained by the Saint Paul port authority are classified as protected nonpublic, until 30 days before the date of a hearing on a proposed sale pursuant to section 469.065: financial studies and reports that are part of appraisers' estimates of value of or concerning projects as defined in chapter 474, prepared by personnel of the port authority or independent accountants, consultants, and appraisers for the purpose of marketing by sale or lease a project which the port authority has acquired or repossessed as the result of the default under and the termination of a revenue agreement as defined in chapter 474.

Subd. 2. [RED WING PORT AUTHORITY.] Data maintained by the Red Wing port authority that pertain to negotiations with property owners regarding the purchase of property are nonpublic data not on individuals. With the exception of the authority's evaluation of properties not purchased, all other negotiation data become public at the time of the closing of the property sale.

Sec. 15. [13.646] [LEGISLATIVE AND BUDGET PROPOSAL DATA.]

Subdivision 1. [DEFINITION.] As used in this section, "state administration" means the governor's office, the department of finance, and any state agency that is under the direct control of the governor.

Subd. 2. [CLASSIFICATIONS.] Prior to its release to the public by the state administration, data including anticipated legislative or budget proposals, including preliminary drafts, that are created, collected, or maintained by the state administration are protected nonpublic data. This data becomes public data upon the release of the budget to the public by the state administration. The state administration may disclose any of the data within the state administration and to the public at any time if disclosure would aid the administration in considering and preparing its proposals.

Sec. 16. Minnesota Statutes 1994, section 13.69, subdivision 1, is amended to read:

Subdivision 1. [CLASSIFICATIONS.] (a) The following government data of the department of public safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for disability parking certificates and special license plates issued to physically handicapped persons; and

(2) data on holders of a disability certificate under section 169.345 collected or maintained for purposes of that section, except that data under this clause may be released to law enforcement agencies; and

(3) social security numbers in driver's license and motor vehicle registration records, except that social security numbers must be provided to the department of revenue for purposes of tax administration.

(b) The following government data of the department of public safety are confidential data: data concerning an individual's driving ability when that data is received from a member of the individual's family.

Sec. 17. Minnesota Statutes 1994, section 13.79, is amended to read:

13.79 [DEPARTMENT OF LABOR AND INDUSTRY DATA.]

Data that identify complaining employees and that appear on complaint forms received by the department of labor and industry concerning alleged violations of the fair labor standards act or, section 181.75 or 181.9641 are classified as private data.

Sec. 18. Minnesota Statutes 1994, section 13.793, is amended to read:

13.793 [NATURAL RESOURCES MINERAL DATA.]

Subdivision 1. [NONPUBLIC DATA.] Except as provided in subdivision 2, the following data received and maintained by the commissioner of natural resources are nonpublic data:

(1) a letter or other documentation from a person that is supplied to the commissioner before a public lease sale of metallic or other minerals for the purpose of making suggestions or recommendations about which state lands may be offered for public lease sale; or

(2) a written report or other documentation of private analyses of a state-owned or controlled drill core that is public data and is under the custody of the commissioner; or

(3) exploration data received by the commissioner under the terms of a state mineral lease.

Subd. 2. [DATA BECOME PUBLIC.] (a) Data under subdivision 1, clause (1), become public data three years after the date the lease sale was held or, if not held, within three years after the date the lease sale was scheduled to be held. Except as provided in paragraph (b), data under subdivision 1, clause (2), become public data one year after receipt by the commissioner. Except as provided in paragraph (c) or as otherwise provided for by law, data under subdivision 1, clause (3), become public data upon termination of the state mineral lease under which the data were gathered.

(b) If data under subdivision 1, clause (2), relate to private land that is under mineral lease to the person submitting the data, and the mineral lease is in force at the time the data are submitted, the data become public data only after the mineral lease is no longer in force. The person submitting the data that relate to private land that is under mineral lease shall provide to the commissioner at the time the data are submitted and annually thereafter, in a format designated by the commissioner, satisfactory evidence that the mineral lease is in effect. If, in a given year, satisfactory evidence that the mineral lease is still in effect is not provided to the commissioner before the anniversary date of receipt of the data by the commissioner, the data immediately become public data.

(c) If data under subdivision 1, clause (3), are nonpublic data under the provisions of section 103I.605, subdivision 4, clause (c), the data become public data pursuant to the provisions of section 103I.605, subdivision 4, clauses (c) and (d).

Sec. 19. Minnesota Statutes 1994, section 13.82, subdivision 3a, is amended to read:

Subd. 3a. [AUDIO RECORDING OF 911 CALL.] The audio recording of a call placed to a 911 system for the purpose of requesting service from a law enforcement, fire, or medical agency is private data on individuals with respect to the individual making the call, except that a written transcript of the audio recording is public, unless it reveals the identity of an individual otherwise protected under subdivision 10. A transcript shall be prepared upon request. The person requesting the transcript shall pay the actual cost of transcribing the call, in addition to any other applicable costs provided under section 13.03, subdivision 3. The audio recording may be disseminated to law enforcement agencies for investigative purposes. The audio recording may be used for public safety dispatcher and emergency medical services training purposes.

Sec. 20. Minnesota Statutes 1994, section 13.82, subdivision 5, is amended to read:

Subd. 5. [CRIMINAL INVESTIGATIVE DATA COLLECTION.] Except for the data defined in subdivisions 2, 3, and 4, investigative data collected or created by a law enforcement agency in order to prepare a case against a person, whether known or unknown, for the commission of a crime or civil wrong other offense for which the agency has primary investigative responsibility is confidential or protected nonpublic while the investigation is active. Inactive

investigative data is public unless the release of the data would jeopardize another ongoing investigation or would reveal the identity of individuals protected under subdivision 10. Photographs which are part of inactive investigative files and which are clearly offensive to common sensibilities are classified as private or nonpublic data, provided that the existence of the photographs shall be disclosed to any person requesting access to the inactive investigative file. An investigation becomes inactive upon the occurrence of any of the following events:

(a) a decision by the agency or appropriate prosecutorial authority not to pursue the case;

(b) expiration of the time to bring a charge or file a complaint under the applicable statute of limitations, or 30 years after the commission of the offense, whichever comes earliest; or

(c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis of the investigative data.

Any investigative data presented as evidence in court shall be public. Data determined to be inactive under clause (a) may become active if the agency or appropriate prosecutorial authority decides to renew the investigation.

During the time when an investigation is active, any person may bring an action in the district court located in the county where the data is being maintained to authorize disclosure of investigative data. The court may order that all or part of the data relating to a particular investigation be released to the public or to the person bringing the action. In making the determination as to whether investigative data shall be disclosed, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the agency or to any person identified in the data. The data in dispute shall be examined by the court in camera.

Sec. 21. Minnesota Statutes 1994, section 13.82, is amended by adding a subdivision to read:

Subd. 5c. [NAME CHANGE DATA.] Data on court records relating to name changes under section 259.10, subdivision 2, which is held by a law enforcement agency is confidential data on an individual while an investigation is active and is private data on an individual when the investigation becomes inactive.

Sec. 22. Minnesota Statutes 1994, section 13.82, subdivision 6, is amended to read:

Subd. 6. [ACCESS TO DATA FOR CRIME VICTIMS.] On receipt of a written request, the prosecuting authority shall release investigative data collected by a law enforcement agency to the victim of a criminal act or alleged criminal act or to the victim's legal representative unless the release to the individual subject of the data would be prohibited under section 13.3495, or the prosecuting authority reasonably believes:

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

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

Sec. 23. Minnesota Statutes 1994, section 13.82, subdivision 10, is amended to read:

Subd. 10. [PROTECTION OF IDENTITIES.] A law enforcement agency or a law enforcement dispatching agency working under direction of a law enforcement agency may shall withhold public access to data on individuals to protect the identity of individuals in the following circumstances:

(a) when access to the data would reveal the identity of an undercover law enforcement officer, as provided in section 13.43, subdivision 5;

(b) when access to the data would reveal the identity of a victim or alleged victim of criminal sexual conduct or of a violation of section 617.246, subdivision 2;

(c) when access to the data would reveal the identity of a paid or unpaid informant being used by the agency if the agency reasonably determines that revealing the identity of the informant would threaten the personal safety of the informant;

(d) when access to the data would reveal the identity of a victim of or witness to a crime if the victim or witness specifically requests not to be identified publicly, and unless the agency reasonably determines that revealing the identity of the victim or witness would not threaten the personal safety or property of the individual;

(e) when access to the data would reveal the identity of a deceased person whose body was unlawfully removed from a cemetery in which it was interred;

(f) when access to the data would reveal the identity of a person who placed a call to a 911 system or the identity or telephone number of a service subscriber whose phone is used to place a call to the 911 system and: (1) the agency determines that revealing the identity may threaten the personal safety or property of any person; or (2) the object of the call is to receive help in a mental health emergency. For the purposes of this paragraph, a voice recording of a call placed to the 911 system is deemed to reveal the identity of the caller; or

(g) when access to the data would reveal the identity of a juvenile witness and the agency reasonably determines that the subject matter of the investigation justifies protecting the identity of the witness.

Data concerning individuals whose identities are protected by this subdivision are private data about those individuals. Law enforcement agencies shall establish procedures to acquire the data and make the decisions necessary to protect the identity of individuals described in clauses (c), (d), (f), and (g).

Sec. 24. Minnesota Statutes 1994, section 13.82, is amended by adding a subdivision to read:

Subd. 17. [BOOKING PHOTOGRAPHS.] (a) For purposes of this subdivision, "booking photograph" means a photograph or image, electronically produced, taken by law enforcement for identification purposes in connection with the arrest of a person.

(b) Except as otherwise provided in this subdivision, a booking photograph is public data. A law enforcement agency may temporarily withhold access to a booking photograph if the agency determines that access will adversely affect an active investigation.

Sec. 25. Minnesota Statutes 1994, section 13.83, subdivision 2, is amended to read:

Subd. 2. [PUBLIC DATA.] Unless specifically classified otherwise by state statute or federal law, the following data created or collected by a medical examiner or coroner on a deceased individual is public: name of the deceased; date of birth; date of death; address; sex; race; citizenship; height; weight; hair color; eye color; build; complexion; age, if known, or approximate age; identifying marks, scars and amputations; a description of the decedent's clothing; marital status; location of death including name of hospital where applicable; name of spouse; whether or not the decedent ever served in the armed forces of the United States; social security number; occupation; business; father's name (also birth name, if different); mother's name (also birth name, if different); birthplace; birthplace of parents; cause of death; causes of cause of death; whether an autopsy was performed and if so, whether it was conclusive; date and place of injury, if applicable, including work place; how injury occurred; whether death was caused by accident, suicide, homicide, or was of undetermined cause; certification of attendance by physician; physician's name and address; certification by coroner or medical examiner; name and signature of coroner or medical examiner; type of disposition of body; burial place name and location, if applicable; date of burial, cremation or removal; funeral home name and address; and name of local register or funeral director.

Sec. 26. Minnesota Statutes 1994, section 13.89, subdivision 1, is amended to read:

Subdivision 1. [MENTAL RETARDATION.] Data on clients and residents of facilities or programs licensed pursuant to sections 144.50 to 144.58, 245A.01 to 245A.16, and 252.28, subdivision 2, may be disseminated to the protection and advocacy system established in this state pursuant to Part C of Public Law Number 98-527 to protect the legal and human rights of persons with mental retardation or other related conditions who live in residential facilities or programs for these persons if:

(1) the protection and advocacy system receives a complaint by or on behalf of that person; and

(2) the person does not have a legal guardian or the state or a designee of the state is the legal guardian of the person.

Sec. 27. Minnesota Statutes 1994, section 13.90, is amended to read:

13.90 [GOVERNMENT DATA PRACTICES JUDICIARY EXEMPT.]

Subdivision 1. [DEFINITION.] For purposes of this section, "judiciary" means any office, officer, department, division, board, commission, committee, or agency of the courts of this state, whether or not of record, including but not limited to the board of law examiners, the lawyer's professional responsibility board, the board of judicial

standards, the lawyer's trust account board, the state law library, the state court administrator's office, the district court administrator's office, and the office of the court administrator.

Subd. 2. [APPLICATION EXEMPTION.] The judiciary shall be governed by this chapter until August 1, 1987, or until the implementation of rules adopted by the supreme court regarding access to data, whichever comes first. Any data made a part of a criminal or civil case shall not be governed by this chapter at any time. The judiciary is not governed by this chapter. Access to data of the judiciary is governed by rules adopted by the supreme court.

Sec. 28. Minnesota Statutes 1994, section 13.99, subdivision 60, is amended to read:

Subd. 60. [OCCUPATIONAL SAFETY AND HEALTH.] Certain data gathered or prepared by the commissioner of labor and industry as part of occupational safety and health inspections are classified under sections 182.659, subdivision subdivisions 8 and 9, and 182.668, subdivision 2.

Sec. 29. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 109a. [CHILD ABUSE VIDEO TAPES.] Access to child abuse video tapes prepared as part of an investigation or evaluation is governed by sections 13.3495 and 611A.90.

Sec. 30. Minnesota Statutes 1994, section 128C.17, is amended to read:

128C.17 [LEAGUE IS SUBJECT TO DATA PRACTICES ACT.]

The collection, creation, receipt, maintenance, dissemination, or use of information by the state high school league is subject to chapter 13. The league must make data relating to its eligibility determinations available to the public in the form of summary data, with all personal identifiers removed.

Sec. 31. Minnesota Statutes 1994, section 144.0721, subdivision 2, is amended to read:

Subd. 2. [ACCESS TO DATA.] With the exception of summary data, data on individuals that is collected, maintained, used, or disseminated by the commissioner of health under subdivision 1 is private data on individuals and shall not be disclosed to others except:

(1) under section 13.05;

(2) under a valid court order;

(3) to the nursing home or boarding care home in which the individual resided at the time the assessment was completed; or

(4) to the commissioner of human services; or

(5) to a county for the purpose of assisting the individual to be discharged from a nursing home or boarding care home and returned to the community.

Sec. 32. Minnesota Statutes 1994, section 144.225, is amended by adding a subdivision to read:

Subd. 2a. [HEALTH DATA ASSOCIATED WITH BIRTH REGISTRATION.] Information from which an identification of risk for disease, disability, or developmental delay in a mother or child can be made, that is collected in conjunction with birth registration or fetal death reporting, is private data as defined in section 13.02, subdivision 12. The commissioner may disclose to a local board of health, as defined in section 145A.02, subdivision 2, health data associated with birth registration which identifies a mother or child at high risk for serious disease, disability, or developmental delay in order to assure access to appropriate health, social or educational services.

Sec. 33. Minnesota Statutes 1994, section 144.335, subdivision 2, is amended to read:

Subd. 2. [PATIENT ACCESS.] (a) Upon request, a provider shall supply to a patient complete and current information possessed by that provider concerning any diagnosis, treatment and prognosis of the patient in terms and language the patient can reasonably be expected to understand.

(b) Except as provided in paragraph (e), upon a patient's written request, a provider, at a reasonable cost to the patient, shall promptly furnish to the patient (1) copies of the patient's health record, including but not limited to laboratory reports, X-rays, prescriptions, and other technical information used in assessing the patient's health condition, or (2) the pertinent portion of the record relating to a condition specified by the patient. With the consent of the patient, the provider may instead furnish only a summary of the record. The provider may exclude from the health record written speculations about the patient's health condition, except that all information necessary for the patient's informed consent must be provided.

(c) If a provider, as defined in subdivision 1, clause (b)(1), reasonably determines that the information is detrimental to the physical or mental health of the patient, or is likely to cause the patient to inflict self harm, or to harm another, the provider may withhold the information from the patient and may supply the information to an appropriate third party or to another provider, as defined in subdivision 1, clause (b)(1). The other provider or third party may release the information to the patient.

(d) A provider as defined in subdivision 1, clause (b)(3), shall release information upon written request unless, prior to the request, a provider as defined in subdivision 1, clause (b)(1), has designated and described a specific basis for withholding the information as authorized by paragraph (c).

(e) A provider may condition the release of a copy of a videotape of a child victim of physical or sexual abuse on the execution of a stipulation and order, as provided in section 611A.90.

Sec. 34. Minnesota Statutes 1994, section 144.3351, is amended to read:

144.3351 [IMMUNIZATION DATA.]

Providers as defined in section 144.335, subdivision 1, group purchasers as defined in section 62J.03, subdivision 6, elementary or secondary schools or child care facilities as defined in section 123.70, subdivision 9, public or private post-secondary educational institutions as defined in section 135A.14, subdivision 1, paragraph (b), a board of health as defined in section 145A.02, subdivision 2, community action agencies as defined in section 268.53, subdivision 1, and the commissioner of health may exchange immunization data with one another, without the patient's consent, on the date and type of immunizations administered to a patient, regardless of the date of immunization, if the person requesting access provides services on behalf of the patient. For purposes of this section immunization data includes:

(i) patient's name, address, date of birth, gender, parent or guardian's name, unique patient identification numbers as defined in section 62J.54, subdivision 4; and

(ii) date vaccine was received, vaccine type, lot number, and manufacturer of all immunizations received by the patient, and whether there is a contradiction or an adverse reaction indication, regardless of the date of the immunization.

Sec. 35. Minnesota Statutes 1994, section 144.651, subdivision 21, is amended to read:

Subd. 21. [COMMUNICATION PRIVACY.] Patients and residents may associate and communicate privately with persons of their choice and enter and, except as provided by the Minnesota Commitment Act, leave the facility as they choose. Patients and residents shall have access, at their expense, to writing instruments, stationery, and postage. Personal mail shall be sent without interference and received unopened unless medically or programmatically contraindicated and documented by the physician in the medical record. There shall be access to a telephone where patients and residents can make and receive calls as well as speak privately. Facilities which are unable to provide a private area shall make reasonable arrangements to accommodate the privacy of patients' or residents' calls. Upon admission to a facility, a patient or resident, or the patient's or resident's legal guardian or conservator, shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility, to callers or visitors who may seek to communicate with the patient or resident. This disclosure option must be made available in all cases where federal law prohibits unauthorized disclosure of patient or resident identifying information to callers and visitors, the patient or resident, or the legal guardian or conservator of the patient or resident, shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility to callers and visitors who may seek to communicate with the patient or resident. To the extent possible, the legal guardian or conservator of a patient or resident shall consider the opinions of the patient or resident regarding the disclosure of the patient's or resident's presence in the facility. This right is limited where medically inadvisable, as documented by the attending physician in a patient's or resident's care record. Where programmatically limited by a facility abuse prevention plan pursuant to section 626.557, subdivision 14, clause 2, this right shall also be limited accordingly.

Sec. 36. Minnesota Statutes 1994, section 144.651, subdivision 26, is amended to read:

Subd. 26. [RIGHT TO ASSOCIATE.] Residents may meet with visitors and participate in activities of commercial, religious, political, as defined in section 203B.11 and community groups without interference at their discretion if the activities do not infringe on the right to privacy of other residents or are not programmatically contraindicated. This includes the right to join with other individuals within and outside the facility to work for improvements in long-term care. Upon admission to a facility, a patient or resident, or the patient's or resident's legal guardian or conservator, shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility, to callers or visitors who may seek to communicate with the patient or resident. This disclosure option must be made available in all cases where federal law prohibits unauthorized disclosure of patient or resident identifying information to callers and visitors, the patient or resident, or the legal guardian or conservator of the patient or resident, shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility to callers and visitors who may seek to communicate with the patient or resident. To the extent possible, the legal guardian or conservator of a patient or resident shall consider the opinions of the patient or resident regarding the disclosure of the patient's or resident's presence in the facility.

Sec. 37. Minnesota Statutes 1994, section 171.07, subdivision 1a, is amended to read:

Subd. 1a. [FILING PHOTOGRAPHS OR IMAGES; DATA CLASSIFICATION.] The department shall file, or contract to file, all photographs or electronically produced images obtained in the process of issuing driver licenses or Minnesota identification cards. The photographs or electronically produced images shall be private data pursuant to section 13.02, subdivision 12. Notwithstanding section 13.04, subdivision 3, the department shall not be required to provide copies of photographs or electronically produced images to data subjects. The use of the files is restricted:

(1) to the issuance and control of driver licenses;

(2) for law enforcement purposes in the investigation and prosecution of felonies and violations of section 169.09; 169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41; 609.487, subdivision 3; 609.631, subdivision 4, clause (3); 609.821, subdivision 3, clauses (1), item (iv), and (3); or 617.23, and all gross misdemeanors; and

(3) for child support enforcement purposes under section 256.978.

Sec. 38. Minnesota Statutes 1994, section 171.12, subdivision 3, is amended to read:

Subd. 3. [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The department may cause applications for drivers' licenses and instruction permits, and related records, to be destroyed immediately after the period for which issued, except that:

(1) the driver's record pertaining to revocations, suspensions, cancellations, disqualifications, convictions, and accidents shall be cumulative and kept for a period of at least five years; and

(2) the driver's record pertaining to the alcohol-related offenses and licensing actions listed in section 169.121, subdivision 3, and to violations of sections 169.1211 and 171.24, subdivision 5, shall be cumulative and kept for a period of at least 15 years.

Sec. 39. Minnesota Statutes 1994, section 182.659, subdivision 8, is amended to read:

Subd. 8. Neither the commissioner nor any employee of the department, including those employees of the department of health providing services to the department of labor and industry, pursuant to section 182.67, subdivision 1, is subject to subpoena for purposes of inquiry into any occupational safety and health inspection except in enforcement proceedings brought under this chapter. All written information, documentation and reports gathered or prepared by the department pursuant to an occupational safety and health inspection are public information once the departmental inspection file is closed.

Sec. 40. Minnesota Statutes 1994, section 182.659, is amended by adding a subdivision to read:

Subd. 9. Notwithstanding section 13.39, and except as provided by section 13.30, access to investigative data collected, created, received, and maintained pursuant to the enforcement of this chapter is governed by this subdivision.

(a) Investigative data on an individual which is part of an active investigation or is being maintained in anticipation of a civil or administrative action is classified as confidential data on individuals under section 13.02, subdivision 3.

(b) Investigative data not on an individual which is part of an active investigation or is being maintained in anticipation of a civil or administrative action is classified as protected nonpublic data under section 13.02, subdivision 13.

(c) The names and addresses of employers investigated, citations and notifications of penalty issued as a result of investigations, and employers' notices of contest are classified as public data.

(d) Investigative data which is part of an inactive investigation is public data except as provided in paragraph (e). An investigation becomes inactive upon the occurrence of any of the following events:

(1) no citation and notification of penalty is issued as a result of the investigation within six months after the closing conference;

(2) a citation and notification of penalty issued as a result of the investigation is rescinded by the commissioner; or

(3) a citation and notification of penalty issued as a result of the investigation has been dismissed or become a final order of the commissioner and all rights of appeal by any party have either been exhausted or have expired.

(e) The following investigative data which is part of an inactive investigation is not public:

(1) investigative data that identifies individuals who provide the commissioner in confidence data about violations of this chapter or any standard, rule, or order promulgated under the authority of the commissioner;

(2) investigative data protected under subdivision 4; and

(3) investigative data protected under section 182.663, subdivision 4.

This data continues to be classified as confidential data on individuals under section 13.02, subdivision 3, or protected nonpublic data under section 13.02, subdivision 13.

(f) The commissioner may make accessible to any person, agency, or the public, any data classified as confidential or protected nonpublic data pursuant to this subdivision, if the commissioner determines that the access will aid the law enforcement process or promote public health and safety.

(g) Investigative data provided by an employee to the commissioner pursuant to an investigation conducted by the commissioner under section 182.669, which is part of an active or inactive investigation, is accessible to the employee in accordance with section 13.04, subdivision 3. The employee may consent to the release of the data to the employee's attorney or other legal representative.

Sec. 41. Minnesota Statutes 1994, section 253B.03, subdivision 3, is amended to read:

Subd. 3. [VISITORS AND PHONE CALLS.] Subject to the general rules of the treatment facility, a patient has the right to receive visitors and make phone calls. The head of the treatment facility may restrict visits and phone calls on determining that the medical welfare of the patient requires it. Any limitation imposed on the exercise of the patient's visitation and phone call rights and the reason for it shall be made a part of the clinical record of the patient. Upon admission to a facility, a patient or resident, or the patient's or resident's legal guardian or conservator, shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility, to callers or visitors who may seek to communicate with the patient or resident. This disclosure option must be made available in all cases where federal law prohibits unauthorized disclosure of patient or resident identifying information to callers and visitors, the patient or resident, or the legal guardian or conservator of the patient or resident, shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility to callers and visitors who may seek to communicate with the patient or resident. To the extent possible, the legal guardian or conservator of a patient or resident shall consider the opinions of the patient or resident regarding the disclosure of the patient's or resident's presence in the facility.

Sec. 42. Minnesota Statutes 1994, section 253B.03, subdivision 4, is amended to read:

Subd. 4. [SPECIAL VISITATION; RELIGION.] A patient has the right to meet with or call a personal physician, spiritual advisor, and counsel at all reasonable times. Upon admission to a facility, a patient or resident, or the patient's or resident's legal guardian or conservator, shall be given the opportunity to authorize disclosure of the

patient's or resident's presence in the facility, to callers or visitors who may seek to communicate with the patient or resident. This disclosure option must be made available in all cases where federal law prohibits unauthorized disclosure of patient or resident identifying information to callers and visitors, the patient or resident, or the legal guardian or conservator of the patient or resident, shall be given the opportunity to authorize disclosure of the patient's or resident's presence in the facility to callers and visitors who may seek to communicate with the patient or resident. To the extent possible, the legal guardian or conservator of a patient or resident shall consider the opinions of the patient or resident regarding the disclosure of the patient's or resident's presence in the facility. The patient has the right to continue the practice of religion.

Sec. 43. Minnesota Statutes 1994, section 259.10, is amended to read:

259.10 [PROCEDURE GENERAL REQUIREMENTS.]

Subdivision 1. [PROCEDURE.] A person who shall have resided in this state for six months may apply to the district court in the county where the person resides to change the person's name, the names of minor children, if any, and the name of a spouse, if the spouse joins in the application, in the manner herein specified. The person shall state in the application the name and age of the spouse and each of the children, if any, and shall describe all lands in the state in or upon which the person, the children and the spouse if their names are also to be changed by the application, claim any interest or lien, and shall appear personally before the court and prove identity by at least two witnesses. If the person be a minor, the application shall be made by the person's guardian or next of kin. The court shall accept the certificate of dissolution prepared pursuant to section 518.148 as conclusive evidence of the facts recited in the certificate and may not require the person to provide the court a copy of the judgment and decree of dissolution. Every person who, with intent to defraud, shall make a false statement in any such application shall be guilty of a misdemeanor provided, however, that no minor child's name may be changed without both parents having notice of the pending of the application for change of name, whenever practicable, as determined by the court.

Subd. 2. [WITNESS AND VICTIM PROTECTION NAME CHANGES; PRIVATE DATA.] If the court finds that a name change for an individual was made in connection with the individual's participation in a witness and victim protection program, court records of the name change shall not be disclosed to the public; except that they may be released, upon request, to a law enforcement agency conducting a lawful investigation. The existence of an application for a name change described in this subdivision may not be disclosed except to a law enforcement agency conducting a lawful investigation.

Sec. 44. Minnesota Statutes 1994, section 268.0122, is amended by adding a subdivision to read:

Subd. 6. [CLASSIFICATION OF DATA ON INDIVIDUALS.] Data collected on individuals pursuant to a program operated by the commissioner are private data on individuals as defined in section 13.02, subdivision 12, unless more restrictively classified by law. Notwithstanding this classification, the commissioner may disclose any data collected for purposes of meeting the data subject's needs or to assist in evaluating the effectiveness of a program. Nothing in this subdivision limits the sharing or exchanging of data authorized by state or federal law.

Sec. 45. Minnesota Statutes 1994, section 268.0124, is amended to read:

268.0124 [PLAIN LANGUAGE IN WRITTEN MATERIALS.]

(a) To the extent reasonable and consistent with the goals of providing easily understandable and readable materials and complying with federal and state laws governing the programs, all written materials relating to services and determinations of eligibility for or amounts of benefits that will be given to applicants for or recipients of assistance under a program administered or supervised by the commissioner of economic security must be understandable to a person who reads at the seventh-grade level, using the Flesch scale analysis readability score as determined under section 72C.09 of average intelligence and education.

(b) All written materials relating to determinations of eligibility for or amounts of benefits that will be given to applicants for or recipients of assistance under programs administered or supervised by the commissioner of economic security must be developed to satisfy the plain language requirements of the plain language contract act under sections 325G.29 to 325G.36. Materials may be submitted to the attorney general for review and certification. Notwithstanding section 325G.35, subdivision 1, the attorney general shall review submitted materials to determine whether they comply with the requirements of section 325G.31. The remedies available pursuant to sections 8.31 and 325G.33 to 325G.36 do not apply to these materials. Failure to comply with this section does not provide a basis for suspending the implementation or operation of other laws governing programs administered by the commissioner.

(c) The requirements of this section apply to all materials modified or developed by the commissioner on or after July 1, 1988. The requirements of this section do not apply to materials that must be submitted to a federal agency for approval, to the extent that application of the requirements prevents federal approval.

(d) Nothing in this section may be construed to prohibit a lawsuit brought to require the commissioner to comply with this section or to affect individual appeal rights granted pursuant to section 268.10.

(e) The commissioner shall report annually to the chairs of the health and human services divisions of the senate finance committee and the house of representatives appropriations committee on the number and outcome of cases that raise the issue of the commissioner's compliance with this section.

Sec. 46. Minnesota Statutes 1994, section 270B.02, subdivision 3, is amended to read:

Subd. 3. [CONFIDENTIAL DATA ON INDIVIDUALS; PROTECTED NONPUBLIC DATA.] (a) Except as provided in paragraph (b), names the name or existence of informers an informer, informer letters, and other unsolicited data, in whatever form, given to the department of revenue by a person, other than the data subject, who informs that a specific taxpayer is not or may not be in compliance with tax laws, or nontax laws administered by the department of revenue, are confidential data on individuals or protected nonpublic data as defined in section 13.02, subdivisions 3 and 13.

(b) Data under paragraph (a) may be disclosed with the consent of the informer or upon a written finding by a court that the information provided by the informer was false and that there is evidence that the information was provided in bad faith. This subdivision does not alter disclosure responsibilities or obligations under the rules of criminal procedure.

Sec. 47. [270B.085] [DISCLOSURES IN COLLECTION ACTIONS.]

Subdivision 1. [SEIZURE INFORMATION.] Following the execution of a writ of entry under section 270.70, the commissioner may disclose information identifying the individual or business subject to the writ, the basis for the writ, and the results of the execution, including lists of property seized.

Subd. 2. [LIEN PAYOFF INFORMATION.] The commissioner may disclose the outstanding obligation secured by a lien filed under section 270.69, subdivision 2.

Sec. 48. Minnesota Statutes 1994, section 270B.14, subdivision 1, is amended to read:

Subdivision 1. [DISCLOSURE TO COMMISSIONER OF HUMAN SERVICES.] (a) On the request of the commissioner of human services, the commissioner shall disclose return information regarding taxes imposed by chapter 290, and claims for refunds under chapter 290A, to the extent provided in paragraph (b) and for the purposes set forth in paragraph (c).

(b) Data that may be disclosed are limited to data relating to the identity, whereabouts, employment, income, and property of a person owing or alleged to be owing an obligation of child support.

(c) The commissioner of human services may request data only for the purposes of carrying out the child support enforcement program and to assist in the location of parents who have, or appear to have, deserted their children. Data received may be used only as set forth in section 256.978.

(d) The commissioner shall provide the records and information necessary to administer the supplemental housing allowance to the commissioner of human services.

(e) At the request of the commissioner of human services, the commissioner of revenue shall electronically match the social security numbers and names of participants in the telephone assistance plan operated under sections 237.69 to 237.711, with those of property tax refund filers, and determine whether each participant's household income is within the eligibility standards for the telephone assistance plan.

(f) The commissioner may provide records and information collected under sections 295.50 to 295.59 to the commissioner of human services for purposes of the Medicaid Voluntary Contribution and Provider-Specific Tax Amendments of 1991, Public Law Number 102-234. Upon the written agreement by the United States Department of Health and Human Services to maintain the confidentiality of the data, the commissioner may provide records and information collected under sections 295.50 to 295.59 to the Health Care Financing Administration section of the United States Department of Health and Human Services for purposes of meeting federal reporting requirements.

(g) The commissioner may provide records and information to the commissioner of human services as necessary to administer the early refund of refundable tax credits.

Sec. 49. [270B.161] [DATA AND INFORMATION ON MINE VALUE OF ORE.]

Notwithstanding the remaining provisions of this chapter, or any other provision of law, all data collected from taxpayers and maintained by the commissioner for the purpose of determining the mine value of ore under section 298.01 is nonpublic data as defined in section 13.02, subdivision 9.

Sec. 50. Minnesota Statutes 1994, 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, the arrested person shall, upon demand, have all such finger and thumb prints, photographs, distinctive physical mark identification data, and other identification data, and all copies and duplicates thereof, returned, provided it is not established that the arrested person has been convicted of any felony, either within or without the state, within the period of ten years immediately preceding such determination.

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; or

(2) the arrested person's successful completion of a diversion program.

Sec. 51. Minnesota Statutes 1994, section 336.9-407, is amended to read:

336.9-407 [INFORMATION FROM FILING OFFICER.]

(1) If the person filing any financing statement, termination statement, statement of assignment, or statement of release, furnishes the filing officer a copy thereof, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to such person.

(2) Upon request of any person, the filing officer shall conduct a search of the statewide computerized uniform commercial code database for any active financing statements naming a particular debtor. The filing officer shall report the findings as of the date and hour of the search by issuing:

(a) a certificate listing the file number, date, and hour of each filing and the names and addresses of each secured party;

(b) photocopies of those original documents on file and located in the office of the filing officer; or

(c) upon request, both the certificate and the photocopies referred to in (b).

The uniform fee for conducting the search and for preparing a certificate shall be $15 if the request is in the standard form prescribed by the secretary of state. This uniform fee shall include up to ten photocopies of original documents. If the request for information is made on a form other than the standard form prescribed by the secretary of state, the fee shall be $20 and shall include up to ten photocopies of original documents.

Another fee, at the same rate, shall also be charged for conducting a search and preparing a certificate showing federal and state tax liens on file with the filing officer naming a particular debtor.

There shall be an additional fee of $1 per page for a photocopy of each financing statement or tax lien prepared in excess of the first ten.

Notwithstanding the fees set in this section, a natural person who is the subject of data must, upon the person's request, be shown the data without charge, and upon request be provided with photocopies of the data upon payment of no more than the actual cost of making the copies.

Notwithstanding section 13.49, a filing officer may include social security number information in a report of the findings following a search of the statewide computerized uniform commercial code database or the state and federal tax liens on file with the filing officer. A filing officer may also include social security number information on a photocopy of an original document on file whether provided in response to a request for information or in response to a request made pursuant to section 13.03.

Sec. 52. Minnesota Statutes 1994, section 336.9-411, is amended to read:

336.9-411 [COMPUTERIZED FILING SYSTEM.]

(a) The secretary of state shall develop and implement a statewide computerized filing system to accumulate and disseminate information relative to lien statements, financing statements, state and federal tax lien notices, and other uniform commercial code documents. The computerized filing system must allow information to be entered and retrieved from the computerized filing system by county recorders, the department of revenue, the department of economic security, and the Internal Revenue Service.

(b) County recorders shall enter information relative to lien statements, financing statements, state and federal tax lien notices, and other uniform commercial code documents filed in their offices into a central database maintained by the secretary of state. The information must be entered under the rules of the secretary of state. This requirement does not apply to tax lien notices filed under sections 268.161, subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2, paragraph (b), clause (2); and 272.488, subdivision 1, but does apply to entry of the date and time of receipt and county recorder's file number of those notices.

(c) The secretary of state may allow private parties to have electronic-view-only access to the computerized filing system and to other computerized records maintained by the secretary of state on a fee basis, except that visual access to electronic display terminals at the public counters at the secretary of state's office will be without charge and available during public counter hours. If the computerized filing system allows a form of electronic access to information regarding the obligations of debtors, the access must be available 24 hours a day, every day of the year.

Notwithstanding section 13.49, private parties who have electronic-view-only access to computerized records may view the social security number information about a debtor that is of record.

(d) The secretary of state shall adopt rules to implement the computerized filing system. The secretary of state may adopt permanent and emergency rules. The rules must:

(1) allow filings to be made at the offices of all county recorders and the secretary of state's office as required by section 336.9-401;

(2) establish a central database for all information relating to liens and security interests that are filed at the offices of county recorders and the secretary of state;

(3) provide procedures for entering data into a central database;

(4) allow the offices of all county recorders and the secretary of state's office to add, modify, and delete information in the central database as required by the uniform commercial code;

(5) allow the offices of all county recorders and the secretary of state's office to have access to the central database for review and search capabilities;

(6) allow the offices of all county recorders to have electronic-view-only access to the computerized business information records on file with the secretary of state;

(7) require the secretary of state to maintain the central database;

(8) provide security and protection of all information in the central database and monitor the central database to ensure that unauthorized entry is not allowed;

(9) require standardized information for entry into the central database;

(10) prescribe an identification procedure for debtors and secured parties that will enhance lien and financing statement searches; and

(11) prescribe a procedure for phasing-in or converting from the existing filing system to a computerized filing system.

(e) The secretary of state, county recorders, and their employees and agents shall not be liable for any loss or damages arising from errors in or omissions from information entered into the computerized filing system as a result of the electronic transmission of tax lien notices under sections 268.161, subdivision 1, paragraph (b), clause (2); 270.69, subdivision 2, paragraph (b), clause (2); 272.483; and 272.488, subdivision subdivisions 1 and 3.

Sec. 53. Minnesota Statutes 1994, section 363.061, subdivision 2, is amended to read:

Subd. 2. [ACCESS TO OPEN FILES.] (a) Human rights investigative data on an individual, with the exception of the name and address of the charging party and respondent, factual basis of the allegations, and the statute under which the action is brought, contained in an open case file is classified as confidential. The name and address of the charging party and respondent, factual basis of the allegations, and the statute under which the action is brought are classified as private data until seven working days after the commissioner has served a copy of the charge on the respondent, at which time the data become public data, unless the commissioner determines that release of the data would be detrimental to the investigative and enforcement process.

(b) Human rights investigative data not on an individual contained in an open case file is classified as protected nonpublic data.

(c) Notwithstanding this subdivision, the commissioner may make human rights investigative data contained in an open case file accessible to a person, government agency, or the public if access will aid the investigative and enforcement process.

Sec. 54. Minnesota Statutes 1994, section 595.02, subdivision 1, is amended to read:

Subdivision 1. [COMPETENCY OF WITNESSES.] Every person of sufficient understanding, including a party, may testify in any action or proceeding, civil or criminal, in court or before any person who has authority to receive evidence, except as provided in this subdivision:

(a) A husband cannot be examined for or against his wife without her consent, nor a wife for or against her husband without his consent, nor can either, during the marriage or afterwards, without the consent of the other, be examined as to any communication made by one to the other during the marriage. This exception does not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other or against a child of either or against a child under the care of either spouse, nor to a criminal action or proceeding in which one is charged with homicide or an attempt to commit homicide and the date of the marriage of the defendant is subsequent to the date of the offense, nor to an action or proceeding for nonsupport, neglect, dependency, or termination of parental rights.

(b) An attorney cannot, without the consent of the attorney's client, be examined as to any communication made by the client to the attorney or the attorney's advice given thereon in the course of professional duty; nor can any employee of the attorney be examined as to the communication or advice, without the client's consent.

(c) A member of the clergy or other minister of any religion shall not, without the consent of the party making the confession, be allowed to disclose a confession made to the member of the clergy or other minister in a professional character, in the course of discipline enjoined by the rules or practice of the religious body to which the member of the clergy or other minister belongs; nor shall a member of the clergy or other minister of any religion be examined as to any communication made to the member of the clergy or other minister by any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in the course of the member of the clergy's or other minister's professional character, without the consent of the person.

(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent of the patient, be allowed to disclose any information or any opinion based thereon which the professional acquired in attending the patient in a professional capacity, and which was necessary to enable the professional to act in that capacity; after the decease

of the patient, in an action to recover insurance benefits, where the insurance has been in existence two years or more, the beneficiaries shall be deemed to be the personal representatives of the deceased person for the purpose of waiving this privilege, and no oral or written waiver of the privilege shall have any binding force or effect except when made upon the trial or examination where the evidence is offered or received.

(e) A public officer shall not be allowed to disclose communications made to the officer in official confidence when the public interest would suffer by the disclosure.

(f) Persons of unsound mind and persons intoxicated at the time of their production for examination are not competent witnesses if they lack capacity to remember or to relate truthfully facts respecting which they are examined.

(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker engaged in a psychological or social assessment or treatment of an individual at the individual's request shall not, without the consent of the professional's client, be allowed to disclose any information or opinion based thereon which the professional has acquired in attending the client in a professional capacity, and which was necessary to enable the professional to act in that capacity. Nothing in this clause exempts licensed social workers from compliance with the provisions of sections 626.556 and 626.557.

(h) An interpreter for a person handicapped in communication shall not, without the consent of the person, be allowed to disclose any communication if the communication would, if the interpreter were not present, be privileged. For purposes of this section, a "person handicapped in communication" means a person who, because of a hearing, speech or other communication disorder, or because of the inability to speak or comprehend the English language, is unable to understand the proceedings in which the person is required to participate. The presence of an interpreter as an aid to communication does not destroy an otherwise existing privilege.

(i) Licensed chemical dependency counselors shall not disclose information or an opinion based on the information which they acquire from persons consulting them in their professional capacities, and which was necessary to enable them to act in that capacity, except that they may do so:

(1) when informed consent has been obtained in writing, except in those circumstances in which not to do so would violate the law or would result in clear and imminent danger to the client or others;

(2) when the communications reveal the contemplation or ongoing commission of a crime; or

(3) when the consulting person waives the privilege by bringing suit or filing charges against the licensed professional whom that person consulted.

(j) A parent or the parent's minor child may not be examined as to any communication made in confidence by the minor to the minor's parent. A communication is confidential if made out of the presence of persons not members of the child's immediate family living in the same household. This exception may be waived by express consent to disclosure by a parent entitled to claim the privilege or by the child who made the communication or by failure of the child or parent to object when the contents of a communication are demanded. This exception does not apply to a civil action or proceeding by one spouse against the other or by a parent or child against the other, nor to a proceeding to commit either the child or parent to whom the communication was made or to place the person or property or either under the control of another because of an alleged mental or physical condition, nor to a criminal action or proceeding in which the parent is charged with a crime committed against the person or property of the communicating child, the parent's spouse, or a child of either the parent or the parent's spouse, or in which a child is charged with a crime or act of delinquency committed against the person or property of a parent or a child of a parent, nor to an action or proceeding for termination of parental rights, nor any other action or proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport by a parent.

(k) Sexual assault counselors may not be compelled to testify about any opinion or information received from or about the victim without the consent of the victim. However, a counselor may be compelled to identify or disclose information in investigations or proceedings related to neglect or termination of parental rights if the court determines good cause exists. In determining whether to compel disclosure, the court shall weigh the public interest and need for disclosure against the effect on the victim, the treatment relationship, and the treatment services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from compliance with the provisions of sections 626.556 and 626.557.

"Sexual assault counselor" for the purpose of this section means a person who has undergone at least 40 hours of crisis counseling training and works under the direction of a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or assistance to victims of sexual assault.

(l) A person cannot be examined as to any communication or document, including worknotes, made or used in the course of or because of mediation pursuant to an agreement to mediate. This does not apply to the parties in the dispute in an application to a court by a party to have a mediated settlement agreement set aside or reformed. A communication or document otherwise not privileged does not become privileged because of this paragraph. This paragraph is not intended to limit the privilege accorded to communication during mediation by the common law.

(m) A child under ten years of age is a competent witness unless the court finds that the child lacks the capacity to remember or to relate truthfully facts respecting which the child is examined. A child describing any act or event may use language appropriate for a child of that age.

(n) A communication assistant for a telecommunications relay system for communication-impaired persons shall not, without the consent of the person making the communication, be allowed to disclose communications made to the communication assistant for the purpose of relaying.

(o) A peace officer, firefighter, medical emergency person, dispatcher, or other persons involved with public safety emergency services, engaged in a public safety peer counseling debriefing of a person who was involved in a critical incident, shall not, without the permission of the person being debriefed, be allowed to disclose any information or opinion which the peer group member has acquired during the debriefing. However, this does not prohibit a peer counselor from disclosing information the peer counselor reasonably believes indicates that the person may be a danger to self or others, if the information is used only for the purpose of eliminating the danger to the person or others. Any information or opinion disclosed in violation of this paragraph is not admissible as evidence in any civil proceeding, criminal prosecution, or personnel or occupational licensing matter involving the person being debriefed.

For purposes of this paragraph, "public safety peer counseling debriefing" means a group process oriented debriefing session held for peace officers, firefighters, medical emergency persons, dispatchers, or other persons involved with public safety emergency services, that is established by any agency providing public safety emergency services and is designed to help a person who has suffered an occupation-related traumatic event begin the process of healing and effectively dealing with posttraumatic stress.

Sec. 55. [611A.90] [RELEASE OF VIDEOTAPES OF CHILD ABUSE VICTIMS.]

Subdivision 1. [DEFINITION.] For purposes of this section, "physical abuse" and "sexual abuse" have the meanings given in section 626.556, subdivision 2, except that abuse is not limited to acts by a person responsible for the child's care or in a significant relationship with the child or position of authority.

Subd. 2. [STIPULATION AND ORDER MAY BE REQUIRED.] A person who makes or requested the making of a videotape of a child victim or alleged victim of physical or sexual abuse as part of an investigation or evaluation of the abuse may condition the release of a copy of the videotape on the execution of a stipulation and court order. The stipulation and order may govern the purposes for which the videotape may be used, release to other persons, retention and return of copies, and other requirements reasonably necessary for protection of the privacy and best interests of the child. This provision is not intended to supplant access to the material pursuant to the Rules of Criminal Procedure.

Sec. 56. [REPEALER.]

(a) Minnesota Statutes 1994, sections 13.38, subdivision 4; 13.69, subdivision 2; and 13.71, subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17, are repealed.

(b) Laws 1990, chapter 566, section 9, as amended by Laws 1992, chapter 569, section 36; and Laws 1994, chapter 618, article 1, section 47, is repealed.

Sec. 57. [REPORT.]

(a) The government information access council shall report recommendations regarding state and local government intellectual property to the legislature by January 15, 1996.

(b) The government information access council shall complete an inventory of state intellectual property and a report on the inventory to the legislature by January 15, 1996.

Sec. 58. [EFFECTIVE DATE.]

Article 1, sections 46, 47, 48, 50, 51, 52, and 56, paragraph (b), are effective the day following final enactment.

Article 1, section 49, is effective for data collected by the commissioner of revenue after December 31, 1993.

Section 1. [13.311] [FINANCIAL ASSISTANCE DATA.]

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

(b) "Applicant" means a person who has submitted or is in the process of submitting an application in regard to a financial assistance program and any person who submits data in connection with or in support of an application for financial assistance.

(c) "Business plan" means any collection of financial or other information submitted by the applicant describing the manner in which it intends to conduct any aspect of its future business operations.

(d) "Financial assistance data" means government data on applicants for assistance or recipients of assistance under a financial assistance program administered by a state agency, statewide system, or political subdivision. Financial assistance data does not include:

(1) benefit data under section 13.31;

(2) welfare data under section 13.46;

(3) employment and training data under section 13.47;

(4) award data under section 13.48; and

(5) data arising out of counseling, advocacy services, or other forms of nonfinancial assistance.

(e) "Financial assistance program" means a program that provides grants, loans, loan guarantees, loan restructuring, interest subsidies, insurance, or similar forms of financial assistance for business or economic development activities.

(f) "Financial statement" means any statement of the past or present financial condition or performance of the applicant for financial assistance.

Subd. 2. [DATA ON APPLICANTS.] The following data submitted by or on behalf of applicants or prepared by a state agency, political subdivision, or statewide system in response to an application are private data or nonpublic data: the identity of the applicant and all financial or other information about the applicant, including credit reports, financial statements, net worth calculations, income tax returns, business plans, income and expense projections, customer lists, and market and feasibility studies not paid for with public funds.

Subd. 3. [DATA ON RECIPIENTS.] The following data classified as not public data under subdivision 2 become public data on individuals or public data not on individuals if the applicant receives funds from the financial assistance program: the identity of the applicant, the address of its principal place of business, the names of the principal officers and agents of the applicant if it is other than an individual, the terms and conditions of the financial assistance, and all documents evidencing or securing the repayment of the financial assistance provided. Data submitted by or on behalf of a recipient of financial assistance for the purpose of enabling the state agency, political subdivision, or statewide system to monitor the financial condition of the recipient of financial assistance are classified as private data and nonpublic data to the same extent as provided in subdivision 2.

Sec. 2. Minnesota Statutes 1994, section 13.531, is amended to read:

13.531 [FARM ASSISTANCE DATA.]

Subject to section 13.311, the following data collected and maintained by counties that provide assistance to individual farmers who are experiencing economic or emotional distress are classified as private data: financial history, including listings of assets and debts, and personal and emotional status information.

Sec. 3. Minnesota Statutes 1994, section 13.62, is amended to read:

13.62 [ECONOMIC ASSISTANCE DATA.]

The following Data collected by cities in their administration of the city economic development assistance program are classified as nonpublic data:

(1) application data, except company names, addresses, and other data that identify the applicant, until the application is approved by the city;

(2) application data, except company names, addresses, and other data that identify the applicant, that pertain to companies whose applications have been disapproved;

(3) attachments to applications including but, not limited to, business and personal financial records, until the application is approved;

(4) income tax returns, either personal or corporate, that are filed by applicants; and

(5) are governed by section 13.311. In addition, correspondence between the program administrators and the an applicant are private data on individuals or nonpublic data until the application has been approved or disapproved.

Sec. 4. Minnesota Statutes 1994, section 13.643, is amended to read:

13.643 [DEPARTMENT OF AGRICULTURE DATA.]

Subdivision 1. [LOAN AND GRANT APPLICANT DATA.] The following Data on applicants, collected by the department of agriculture in its sustainable agriculture revolving loan and grant programs under sections 17.115 and 17.116, are private or nonpublic: nonfarm income; credit history; insurance coverage; machinery and equipment list; financial information; and credit information requests governed by section 13.311.

Subd. 2. [FARM ADVOCATE DATA.] Subject to section 13.311, the following data supplied by farmer clients to Minnesota farm advocates and to the department of agriculture are private data on individuals: financial history, including listings of assets and debts, and personal and emotional status information.

Sec. 5. Minnesota Statutes 1994, section 13.671, is amended to read:

13.671 [IRON RANGE RESOURCES AND REHABILITATION BOARD DATA.]

Subdivision 1. [NONPUBLIC DATA.] The following Data that are submitted to the commissioner of the iron range resources and rehabilitation board by or to the board on businesses that are requesting financial assistance are nonpublic data: the identity of the business and financial information about the business including, but not limited to, credit reports, financial statements, net worth calculations, business plans, income and expense projections, customer lists, and market and feasibility studies not paid for with public funds governed by section 13.311.

Subd. 2. [PUBLIC DATA.] Data submitted to the commissioner under subdivision 1 become public data upon submission of the request for financial assistance to the iron range resources and rehabilitation board except that the following data remain nonpublic: business plans, income and expense projections, customer lists, and market and feasibility studies not paid for with public funds.

Sec. 6. Minnesota Statutes 1994, section 13.761, is amended to read:

13.761 [INDIAN AFFAIRS COUNCIL DATA.]

All financial information on individuals and business entities including, but not limited to, credit reports, financial statements, and net worth calculations, that are contained in applications Data received by the Indian affairs council in its administration of the Indian business development loan program are classified as private data with regard to data on individuals and as nonpublic data with regard to data not on individuals governed by section 13.311.

Sec. 7. Minnesota Statutes 1994, section 13.77, is amended to read:

13.77 [AGRICULTURAL RESOURCE LOAN BOARD DATA.]

Subdivision 1. [NONPUBLIC DATA.] Financial information concerning business persons Data received or prepared by the agriculture resource loan guaranty agricultural and economic development board in connection with applications for loan guarantees pursuant to Laws 1984, chapter 502, article 10, sections 1 to 12, including, but not limited to, credit reports, financial statements, and net worth calculations, is classified as nonpublic data under chapter 41A are governed by section 13.311.

Subd. 2. [PRIVATE DATA.] Financial information concerning individuals received or prepared by the agriculture resource loan guaranty board in connection with applications for loan guarantees pursuant to Laws 1984, chapter 502, article 10, sections 1 to 12, including, but not limited to, credit reports, financial statements, and net worth calculations is classified as private data.

Sec. 8. Minnesota Statutes 1994, section 13.78, is amended to read:

13.78 [MINNESOTA EXPORT AUTHORITY DATA.]

Financial information concerning business persons Data received or prepared by the export authority in connection with applications for financial assistance pursuant to section 116J.9673, including, but not limited to, credit reports, financial statements, net worth calculations, income and expense projections, and are governed by section 13.311. In addition, proposed terms of trade and foreign risk coverage, is classified as are nonpublic data if it is data not on an individual and as or private data if it is data on an individual individuals.

Sec. 9. Minnesota Statutes 1994, section 17.117, subdivision 12, is amended to read:

Subd. 12. [DATA PRIVACY.] The following Data on applicants or borrowers collected by the commissioner under this section are private for data on individuals as provided in section 13.02, subdivision 12, or nonpublic for data not on individuals as provided in section 13.02, subdivision 9: financial information, including, but not limited to, credit reports, financial statements, tax returns and net worth calculations received or prepared by the commissioner governed by section 13.311.

Sec. 10. Minnesota Statutes 1994, section 41.63, is amended to read:

41.63 [DATA PRIVACY.]

Personal financial information, credit reports, financial statements, tax refund calculations, and net worth statements, Data received or prepared by the commissioner regarding any family farm security loans, are private data on individuals under chapter 13 governed by section 13.311.

Sec. 11. Minnesota Statutes 1994, section 41B.211, is amended to read:

41B.211 [DATA PRIVACY.]

Financial information, including credit reports, financial statements, and net worth calculations, Data received or prepared by the authority regarding any authority loan and the name of each individual who is the recipient of a loan are private data on individuals, under chapter 13, except that are governed by section 13.311. Information obtained under the agricultural development bond program in sections 41C.01 to 41C.13 may be released as required by federal tax law.

Sec. 12. Minnesota Statutes 1994, section 116O.03, subdivision 7, is amended to read:

Subd. 7. [APPLICATION AND INVESTIGATIVE DATA.] The following Data is classified as private data with regard to data on individuals under section 13.02, subdivision 12, or as nonpublic data with regard to data not on individuals under section 13.02, subdivision 9, whichever is applicable:

(1) financial data, statistics, and information furnished in connection with assistance or proposed assistance under section 116O.06, including credit reports, financial statements, statements of net worth, income tax returns, either personal or corporate, and any other business and personal financial records; or

(2) are governed by section 13.311, except that security information, trade secret information, or labor relations information, as defined in are governed by section 13.37, subdivision 1, disclosed to members of the corporation board or employees of the corporation under section 116O.06.

Sec. 13. Minnesota Statutes 1994, section 116S.02, subdivision 8, is amended to read:

Subd. 8. [APPLICATION AND INVESTIGATIVE DATA.] Financial data, statistics, and information Data furnished to the corporation in connection with assistance or proposed assistance, including credit reports, financial statements, statements of net worth, income tax returns, either personal or corporate, and any other business and personal financial records are private data with regard to data on individuals under section 13.02, subdivision 12, or as nonpublic data with regard to data not on individuals under section 13.02, subdivision 9 are governed by section 13.311.

Sec. 14. Minnesota Statutes 1994, section 446A.11, subdivision 11, is amended to read:

Subd. 11. [FINANCIAL INFORMATION.] Financial information, including credit reports, financial statements and net worth calculations, Data received or prepared by the authority regarding an authority loan, financial assistance, or insurance is private data with regard to data on individuals as defined in section 13.02, subdivision 12 and nonpublic data with regard to data not on individuals as defined in section 13.02, subdivision 9 are governed by section 13.311.

Section 1. [13.073] [PUBLIC INFORMATION POLICY TRAINING PROGRAM.]

Subdivision 1. [ESTABLISHMENT.] The commissioner shall establish a program for training state and local government officials and employees on public information policy, including government data practices laws and official records and records management statutes. The program must provide for the development of broad-based expertise within state and local government entities. The program components must include basic training, specific training for specialized service sectors, and policy analysis and support.

Subd. 2. [GENERAL PROVISIONS.] The commissioner shall publicize the development and implementation of the training program under this section and shall seek input from state and local government entities. The commissioner shall prepare a training guide that includes an overview of the training program and its components.

Subd. 3. [BASIC TRAINING.] The basic training component must be designed to meet the basic information policy needs of all government employees and public officials with a focus on key data practices laws and procedures that apply to all government entities. The commissioner shall design the basic training component in a manner that minimizes duplication of the effort and cost for government entities to provide basic training. The commissioner shall develop general programs and materials for basic training such as video presentations, data practices booklets, and training guides. The commissioner shall assist state and local government agencies in developing training expertise within their own agencies and shall offer assistance for periodic training sessions for this purpose.

Subd. 4. [SECTOR-SPECIFIC TRAINING.] (a) The sector-specific training component must be designed to provide for the development of specific expertise needed to deal with information policy issues within a particular service area. Service areas may include government entities such as state agencies, counties, cities, or school districts, or functional areas such as education, human services, child protection, or law enforcement. This component must focus on training individuals who implement or administer data practices and other information policy laws within their government entity.

(b) The commissioner shall provide technical assistance and support and help coordinate efforts to develop sector-specific training within different sectors. Elements of sector-specific training must include:

(1) designation, training, and coordination of data practices specialists with responsibility for clarification and resolution of sector-specific information policy issues;

(2) development of telephone hot lines within different sectors for handling information policy inquiries;

(3) development of forums under which individuals with ongoing information policy administrative responsibilities may meet to discuss issues arising within their sectors;

(4) availability of expertise for coaching and consultation on specific issues; and

(5) preparation of publications, including reference guides to materials and resource persons.

Subd. 5. [POLICY ANALYSIS AND SUPPORT.] The policy analysis and support component must be designed to address information policy issues at the policy level and to provide ongoing consultation and support regarding major areas of concern with a goal of developing a coherent and coordinated approach to information policy within the state. The commissioner shall assist in the development and implementation of information policy and provide a clearinghouse for ideas, information, and resources. The commissioner shall review public information policy and identify how that policy can be updated, simplified, and made consistent.

Subd. 6. [GRANTS.] The commissioner may make grants to statewide systems, political subdivisions, or associations of political subdivisions for purposes of supplementing and encouraging local government efforts under this section.

Sec. 2. [REPORT.]

By January 1, 1997, the commissioner of administration shall report to the legislature on the implementation of the training program under section 1. The report must include an analysis of the effectiveness of the program in improving information policy practices, recommendations for any changes in the program, and recommendations for amendments to public information policies that will update and simplify those policies.

Sec. 3. [APPROPRIATION.]

$75,000 is appropriated from the general fund to the commissioner of administration for purposes of developing the training program under section 1 and making grants under section 1, subdivision 6.

Section 1. Minnesota Statutes 1994, section 148B.68, subdivision 1, is amended to read:

Subdivision 1. [PROHIBITED CONDUCT.] The commissioner may impose disciplinary action as described in section 148B.69 against any unlicensed mental health practitioner. The following conduct is prohibited and is grounds for disciplinary action:

(a) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt, or a no contest plea, in any court in Minnesota or any other jurisdiction in the United States, reasonably related to the provision of mental health services. Conviction, as used in this subdivision, includes a conviction of an offense which, if committed in this state, would be deemed a felony or gross misdemeanor without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned but the adjudication of guilt is either withheld or not entered.

(b) Conviction of crimes against persons. For purposes of this chapter, a crime against a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2241; 609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595.

(c) Failure to comply with the self-reporting requirements of section 148B.63, subdivision 6.

(d) Engaging in sexual contact with a client or former client as defined in section 148A.01, or engaging in contact that may be reasonably interpreted by a client as sexual, or engaging in any verbal behavior that is seductive or sexually demeaning to the patient, or engaging in sexual exploitation of a client or former client.

(e) Advertising that is false, fraudulent, deceptive, or misleading.

(f) Conduct likely to deceive, defraud, or harm the public; or demonstrating a willful or careless disregard for the health, welfare, or safety of a client; or any other practice that may create unnecessary danger to any client's life, health, or safety, in any of which cases, proof of actual injury need not be established.

(g) Adjudication as mentally incompetent, or as a person who is dangerous to self, or adjudication pursuant to chapter 253B, as chemically dependent, mentally ill, mentally retarded, mentally ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous person.

(h) Inability to provide mental health services with reasonable safety to clients.

(i) The habitual overindulgence in the use of or the dependence on intoxicating liquors.

(j) Improper or unauthorized personal or other use of any legend drugs as defined in chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined in chapter 152.

(k) Revealing a communication from, or relating to, a client except when otherwise required or permitted by law.

(l) Failure to comply with a client's request made under section 144.335, or to furnish a client record or report required by law.

(m) Splitting fees or promising to pay a portion of a fee to any other professional other than for services rendered by the other professional to the client.

(n) Engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws.

(o) Failure to make reports as required by section 148B.63, or cooperate with an investigation of the office.

(p) Obtaining money, property, or services from a client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception, or fraud.

(q) Undertaking or continuing a professional relationship with a client in which the objectivity of the professional would be impaired.

(r) Failure to provide the client with a copy of the client bill of rights or violation of any provision of the client bill of rights.

(s) Violating any order issued by the commissioner.

(t) Failure to comply with sections 148B.60 to 148B.71, and the rules adopted under those sections.

(u) Failure to comply with any additional disciplinary grounds established by the commissioner by rule.

Sec. 2. Minnesota Statutes 1994, section 253B.02, subdivision 4a, is amended to read:

Subd. 4a. [CRIME AGAINST THE PERSON.] "Crime against the person" means a violation of or attempt to violate any of the following provisions: sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2241; 609.23; 609.231; 609.235; 609.24; 609.245; 609.25; 609.255; 609.265; 609.27, subdivision 1, clause (1) or (2); 609.28 if violence or threats of violence were used; 609.322, subdivision 1, clause (2); 609.342; 609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, clause (1); 609.561; 609.562; and 609.595.

Sec. 3. Minnesota Statutes 1994, section 260.015, subdivision 28, is amended to read:

Subd. 28. [CHILD ABUSE.] "Child abuse" means an act that involves a minor victim and that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2241, 609.322, 609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, or 617.246.

Sec. 4. Minnesota Statutes 1994, section 260.161, subdivision 1b, is amended to read:

Subd. 1b. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a juvenile is enrolled in school, the juvenile's probation officer shall transmit a copy of the court's disposition order to the principal or chief administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent for committing an act on the school's property or an act:

(1) that would be a violation of section 609.185 (first-degree murder); 609.19 (second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree manslaughter); 609.205 (second-degree manslaughter); 609.21 (criminal vehicular homicide and injury); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree

assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2241 (domestic assault); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct); 609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a witness); 609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic threats); or 609.749 (harassment and stalking), if committed by an adult;

(2) that would be a violation of section 152.021 (first-degree controlled substance crime); 152.022 (second-degree controlled substance crime); 152.023 (third-degree controlled substance crime); 152.024 (fourth-degree controlled substance crime); 152.025 (fifth-degree controlled substance crime); 152.0261 (importing a controlled substance); or 152.027 (other controlled substance offenses), if committed by an adult; or

(3) that involved the possession or use of a dangerous weapon as defined in section 609.02, subdivision 6.

When a disposition order is transmitted under this paragraph, the probation officer shall notify the juvenile's parent or legal guardian that the disposition order has been shared with the juvenile's school.

(b) The disposition order must be accompanied by a notice to the school that the school may obtain additional information from the juvenile's probation officer with the consent of the juvenile or the juvenile's parents, as applicable. The disposition order must be maintained in the student's permanent education record but may not be released outside of the school district or educational entity, other than to another school district or educational entity to which the juvenile is transferring. Notwithstanding section 138.17, the disposition order 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.

(c) The juvenile's probation officer shall maintain a record of disposition orders released under this subdivision and the basis for the release.

(d) The criminal and juvenile justice information policy group, in consultation with representatives of probation officers and educators, shall prepare standard forms for use by juvenile probation officers in forwarding information to schools under this subdivision and in maintaining a record of the information that is released.

(e) As used in this subdivision, "school" means a public or private elementary, middle, or secondary school.

Sec. 5. Minnesota Statutes 1994, section 299C.61, subdivision 4, is amended to read:

Subd. 4. [CHILD ABUSE CRIME.] "Child abuse crime" means:

(1) an act committed against a minor victim that constitutes a violation of section 609.185, clause (5); 609.221; 609.222; 609.223; 609.224; 609.2241; 609.322; 609.323; 609.324; 609.342; 609.343; 609.344; 609.345; 609.352; 609.377; or 609.378; or

(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1, clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause (4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).

Sec. 6. Minnesota Statutes 1994, 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; 609.2241; 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.

(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).

Sec. 7. Minnesota Statutes 1994, section 609.101, subdivision 2, is amended to read:

Subd. 2. [MINIMUM FINES.] Notwithstanding any other law:

(1) when a court sentences a person convicted of violating section 609.221, 609.267, or 609.342, it must impose a fine of not less than $500 nor more than the maximum fine authorized by law;

(2) when a court sentences a person convicted of violating section 609.222, 609.223, 609.2671, 609.343, 609.344, or 609.345, it must impose a fine of not less than $300 nor more than the maximum fine authorized by law; and

(3) when a court sentences a person convicted of violating section 609.2231, 609.224, 609.2241, or 609.2672, it must impose a fine of not less than $100 nor more than the maximum fine authorized by law.

The court shall collect the portion of the fine mandated by this subdivision and forward 70 percent of it to a local victim assistance program that provides services locally in the county in which the crime was committed. The court shall forward the remaining 30 percent to the commissioner of finance to be credited to the general fund. If more than

one victim assistance program serves the county in which the crime was committed, the court may designate on a case-by-case basis which program will receive the fine proceeds, giving consideration to the nature of the crime committed, the types of victims served by the program, and the funding needs of the program. If no victim assistance program serves that county, the court shall forward 100 percent of the fine proceeds to the commissioner of finance to be credited to the general fund. Fine proceeds received by a local victim assistance program must be used to provide direct services to crime victims.

The minimum fine required by this subdivision is in addition to the surcharge or assessment required by subdivision 1 and is in addition to any sentence of imprisonment or restitution imposed or ordered by the court.

As used in this subdivision, "victim assistance program" means victim witness programs within county attorney offices or any of the following programs: crime victim crisis centers, victim-witness programs, battered women shelters and nonshelter programs, and sexual assault programs.

Sec. 8. Minnesota Statutes 1994, section 609.131, subdivision 2, is amended to read:

Subd. 2. [CERTAIN VIOLATIONS EXCEPTED.] Subdivision 1 does not apply to a misdemeanor violation of section 169.121; 609.224; 609.2241; 609.226; 609.324, subdivision 3; 609.52; or 617.23, or an ordinance that conforms in substantial part to any of those sections. A violation described in this subdivision must be treated as a misdemeanor unless the defendant consents to the certification of the violation as a petty misdemeanor.

Sec. 9. Minnesota Statutes 1994, section 609.135, subdivision 2, is amended to read:

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

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

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

(d) If the conviction is for any misdemeanor under section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2241 or 609.224, subdivision 1, in which the victim of the crime was a family or household member as defined in section 518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised probation for the second year of the stay unless the court finds that the defendant needs supervised probation for all or part of the second year.

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

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

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

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

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

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

Sec. 10. Minnesota Statutes 1994, section 609.135, subdivision 5a, is amended to read:

Subd. 5a. [DOMESTIC ABUSE VICTIMS; ELECTRONIC MONITORING.] (a) Until the commissioner of corrections has adopted standards governing electronic monitoring devices used to protect victims of domestic abuse, the court, as a condition of a stay of imposition or execution of a sentence, may not order an offender convicted of a crime described in paragraph (b) to use an electronic monitoring device to protect a victim's safety.

(b) This subdivision applies to the following crimes, if committed by the defendant against a family or household member as defined in section 518B.01, subdivision 2:

(1) violations of orders for protection issued under chapter 518B;

(2) assault in the first, second, third, or fifth degree under section 609.221, 609.222, 609.223, or 609.224; or domestic assault under section 609.2241;

(3) criminal damage to property under section 609.595;

(4) disorderly conduct under section 609.72;

(5) harassing telephone calls under section 609.79;

(6) burglary under section 609.582;

(7) trespass under section 609.605;

(8) criminal sexual conduct in the first, second, third, fourth, or fifth degree under section 609.342, 609.343, 609.344, 609.345, or 609.3451; and

(9) terroristic threats under section 609.713.

(c) Notwithstanding paragraph (a), the judges in the tenth judicial district may order, as a condition of a stay of imposition or execution of a sentence, a defendant convicted of a crime described in paragraph (b), to use an electronic monitoring device to protect the victim's safety. The judges shall make data on the use of electronic monitoring devices to protect a victim's safety in the tenth judicial district available to the commissioner of corrections to evaluate and to aid in development of standards for the use of devices to protect victims of domestic abuse.

Sec. 11. Minnesota Statutes 1994, section 609.1352, subdivision 3, is amended to read:

Subd. 3. [DANGER TO PUBLIC SAFETY.] The court shall base its finding that the offender is a danger to public safety on either of the following factors:

(1) the crime involved an aggravating factor that would justify a durational departure from the presumptive sentence under the sentencing guidelines; or

(2) the offender previously committed or attempted to commit a predatory crime or a violation of section 609.224 or 609.2241, including an offense committed as a juvenile that would have been a predatory crime or a violation of section 609.224 or 609.2241 if committed by an adult.

Sec. 12. 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 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; 609.2241; 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, 609.2241, 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. 13. Minnesota Statutes 1994, section 609.224, subdivision 2, is amended to read:

Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the provisions of subdivision 1 against the same victim during the time period between a previous conviction under this section, sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713, or any similar law of another state, and the end of the five years following discharge from sentence for that conviction, 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. Whoever violates the provisions of subdivision 1 against a family or household member as defined in section 518B.01, subdivision 2, during the time period between a previous conviction under this section or sections 609.221 to 609.2231, 609.342 to 609.345, or 609.713 against a family or household member, and the end of the five years following discharge from sentence for that conviction 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.

(b) Whoever violates the provisions of subdivision 1 within two years of a previous conviction under this section or sections 609.221 to 609.2231 or 609.713 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. 14. Minnesota Statutes 1994, section 609.224, subdivision 3, is amended to read:

Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person is convicted of a violation of this section or section 609.221, 609.222, or 609.223, the court shall determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) (2) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member, and that the offender owns or possesses a firearm and used it in any way during the commission of the assault, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

(c) When a person is convicted of assaulting a family or household member and is determined by the court to have used a firearm in any way during commission of the assault 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 firearm possession prohibition 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 prohibition. 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.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a violation of this section and the court determines that the victim was a family or household member, the court shall inform the defendant that the defendant is prohibited from possessing a pistol for a period of 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.

(e) (b) Except as otherwise provided in paragraph (c) section 609.2241, subdivision 3, paragraph (c), a person is not entitled to possess a pistol if:

(1) the person has been convicted after August 1, 1992, of assault in the fifth degree if the offense was committed within three years of a previous conviction under sections 609.221 to 609.224; or

(2) the person has been convicted after August 1, 1992, of assault in the fifth degree under section 609.224 and the assault victim was a family or household member as defined in section 518B.01, subdivision 2, 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 section 609.224. 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.

Sec. 15. [609.2241] [DOMESTIC ASSAULT.]

Subdivision 1. [MISDEMEANOR.] Whoever does any of the following against a family or household member as defined in section 518B.01, subdivision 2, commits an assault and is guilty of a misdemeanor:

(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or

(2) intentionally inflicts or attempts to inflict bodily harm upon another.

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

Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person is convicted of a violation of section 609.221, 609.222, 609.223, 609.224, or 609.2241, the court shall determine and make written findings on the record as to whether:

(1) the assault was committed against a family or household member, as defined in section 518B.01, subdivision 2;

(2) the defendant owns or possesses a firearm; and

(3) the firearm was used in any way during the commission of the assault.

(b) If the court determines that the assault was of a family or household member, and that the offender owns or possesses a firearm and used it in any way during the commission of the assault, it shall order that the firearm be summarily forfeited under section 609.5316, subdivision 3.

(c) When a person is convicted of assaulting a family or household member and is determined by the court to have used a firearm in any way during commission of the assault, 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.

(d) Except as otherwise provided in paragraph (c), when a person is convicted of a violation of section 609.224 or 609.2241 and the court determines that the victim was a family or household member, 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.

(e) Except as otherwise provided in paragraph (c), a person is not entitled to possess a pistol if the person has been convicted after August 1, 1992, of domestic assault under 609.2241 or assault in the fifth degree under section 609.224 and the assault victim was a family or household member as defined in section 518B.01, subdivision 2, 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 section 609.224 or 609.2241. 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.

Subd. 4. [FELONY.] Whoever violates the provisions of section 609.224, subdivision 1, or 609.2241, against the same victim during the time period between the first of two or more previous convictions under this section or sections 609.221 to 609.2231, 609.224, 609.342 to 609.345, or 609.713, and the end of the five years following discharge from sentence for that conviction is guilty of a felony and may be sentenced to imprisonment for not more than five years or payment of a fine of not more than $10,000, or both.

Sec. 16. Minnesota Statutes 1994, section 609.268, subdivision 1, is amended to read:

Subdivision 1. [DEATH OF AN UNBORN CHILD.] Whoever, in the commission of a felony or in a violation of section 609.224, 609.2241, 609.23, or 609.231, causes the death of an unborn child is guilty of a felony and may be sentenced to imprisonment for not more than 15 years or to payment of a fine not more than $30,000, or both. As used in this subdivision, "felony" does not include a violation of sections 609.185 to 609.21, 609.221 to 609.2231, or 609.2661 to 609.2665.

Sec. 17. Minnesota Statutes 1994, section 609.748, subdivision 6, is amended to read:

Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) When a temporary restraining order or a restraining order is granted under this section and the respondent knows of the order, violation of the order is a misdemeanor. A person is guilty of a gross misdemeanor who knowingly violates the order during the time period between a previous conviction under this subdivision; sections 609.221 to 609.224 609.2241; 518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or 609.749; and the end of the five years following discharge from sentence for that conviction.

(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 issued under subdivision 4 or 5 if the existence of the order can be verified by the officer.

(c) A violation of a temporary restraining order or restraining order shall also constitute contempt of court.

(d) 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 an order issued under subdivision 4 or 5, the court may issue an order to the respondent requiring the respondent to appear within 14 days and show cause why the respondent should not be held in contempt of court. The court also shall refer the violation of the order to the appropriate prosecuting authority for possible prosecution under paragraph (a).

Sec. 18. Minnesota Statutes 1994, section 609.749, subdivision 4, is amended to read:

Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A person is guilty of a felony who violates any provision of subdivision 2 during the time period between a previous conviction under this section; sections 609.221 to 609.224 609.2241; 518B.01, subdivision 14; 609.748, subdivision 6; or 609.713, subdivision 1 or 3; and the end of the ten years following discharge from sentence for that conviction.

Sec. 19. Minnesota Statutes 1994, section 609.749, subdivision 5, is amended to read:

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

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

(1) this section;

(2) section 609.713;

(3) section 609.224;

(4) section 609.2241;

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

(5) (6) section 609.748, subdivision 6;

(6) (7) section 609.605, subdivision 1, paragraph (b), clause (7);

(7) (8) section 609.79; or

(8) (9) section 609.795.

Sec. 20. Minnesota Statutes 1994, section 611A.031, is amended to read:

611A.031 [VICTIM INPUT REGARDING PRETRIAL DIVERSION.]

A prosecutor shall make every reasonable effort to notify and seek input from the victim prior to referring a person into a pretrial diversion program in lieu of prosecution for a violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 609.224, 609.2241, 609.24, 609.245, 609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 609.749.

Sec. 21. Minnesota Statutes 1994, 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, (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 609.2241, 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 609.2241, 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.

Sec. 22. Minnesota Statutes 1994, section 626.563, subdivision 1, is amended to read:

Subdivision 1. [DEFINITIONS.] The definitions in this subdivision apply to this section.

(a) "Child abuse" means any act which involves a minor victim and which constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2241, 609.255, 609.342, 609.343, 609.344, 609.345, 609.377, or 609.378.

(b) "Significant relationship" means a relationship as defined by section 609.341, subdivision 15.

(c) "Child" means a person under the age of 18 who is the alleged victim of child abuse perpetrated by an adult who has a significant relationship with the child victim.

Sec. 23. Minnesota Statutes 1994, section 629.471, subdivision 3, is amended to read:

Subd. 3. [SIX TIMES THE FINE.] For offenses under sections 518B.01 and, 609.224, and 609.2241, the maximum cash bail that may be required for a person charged with a misdemeanor or gross misdemeanor violation is six times the highest cash fine that may be imposed for the offense.

Sec. 24. Minnesota Statutes 1994, section 629.74, is amended to read:

629.74 [PRETRIAL BAIL EVALUATION.]

The local corrections department or its designee shall conduct a pretrial bail evaluation of each defendant arrested and detained for committing a crime of violence as defined in section 624.712, subdivision 5, a gross misdemeanor violation of section 609.224 or 609.2241, or a nonfelony violation of section 518B.01, 609.2231, 609.3451, 609.748, or

609.749. In cases where the defendant requests appointed counsel, the evaluation shall include completion of the financial statement required by section 611.17. The local corrections department shall be reimbursed $25 by the department of corrections for each evaluation performed. The conference of chief judges, in consultation with the department of corrections, shall approve the pretrial evaluation form to be used in each county.

Sec. 25. Minnesota Statutes 1994, section 630.36, subdivision 2, is amended to read:

Subd. 2. [CHILD ABUSE DEFINED.] As used in subdivision 1, "child abuse" means any act which involves a minor victim and which constitutes a violation of section 609.221, 609.222, 609.223, 609.2231, 609.2241, 609.255, 609.321, 609.322, 609.323, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or 609.224 if the minor victim is a family or household member of the defendant.

Sec. 26. Minnesota Statutes 1994, section 631.046, subdivision 1, is amended to read:

Subdivision 1. [CHILD ABUSE AND VIOLENT CRIME CASES.] Notwithstanding any other law, a prosecuting witness under 18 years of age in a case involving child abuse as defined in section 630.36, subdivision 2, a crime of violence, as defined in section 624.712, subdivision 5, or an assault under section 609.224 or 609.2241, may choose to have in attendance or be accompanied by a parent, guardian, or other supportive person, whether or not a witness, at the omnibus hearing or at the trial, during testimony of the prosecuting witness. If the person so chosen is also a prosecuting witness, the prosecution shall present on noticed motion, evidence that the person's attendance is both desired by the prosecuting witness for support and will be helpful to the prosecuting witness. Upon that showing the court shall grant the request unless information presented by the defendant or noticed by the court establishes that the support person's attendance during the testimony of the prosecuting witness would pose a substantial risk of influencing or affecting the content of that testimony.

Sec. 27. [EFFECTIVE DATE.]

Article 4, sections 1 to 26, are effective August 1, 1995, and apply to prosecutions commenced on or after that date.

Section 1. Minnesota Statutes 1994, section 13.99, subdivision 1, is amended to read:

Subdivision 1. [PROVISIONS CODED IN OTHER CHAPTERS.] The laws enumerated in this section are codified outside of this chapter and classify government data as other than public or place restrictions on access to government data. Except for records of the judiciary, the definitions and general provisions in sections 13.01 to 13.07 and the remedies and penalties provided in sections 13.08 and 13.09 also apply to data and records listed in this section and to other provisions of statute that provide access to government data and records or rights regarding government data similar to those established by section 13.04.

Sec. 2. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 5a. [ETHICAL PRACTICES BOARD OPINIONS.] A request for an ethical practices board advisory opinion and the opinion itself are classified under section 10A.02, subdivision 12.

Sec. 3. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 6d. [AGRICULTURAL COMMODITY HANDLERS.] Access to data filed with the commissioner of agriculture by agricultural commodity handlers is governed by section 17.694, subdivision 1.

Sec. 4. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 11a. [CERTAIN DATA RECEIVED BY COMMISSIONER OF COMMERCE.] Certain data received because of the participation of the commissioner of commerce in various organizations are classified under section 45.012.

Sec. 5. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 11b. [BANK INCORPORATORS DATA.] Financial data on individuals submitted by incorporators proposing to organize a bank are classified under section 46.041, subdivision 1.

Sec. 6. Minnesota Statutes 1994, section 13.99, subdivision 12, is amended to read:

Subd. 12. [COMMERCE DEPARTMENT DATA ON FINANCIAL INSTITUTIONS.] The disclosure by the commissioner of commerce of facts and information obtained in the course of examining financial institutions and in relation to complaints filed with the commissioner is governed by section 46.07, subdivision subdivisions 2 and 3.

Sec. 7. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 12a. [ELECTRONIC FINANCIAL TERMINAL DATA.] Information obtained by the commissioner of commerce in the course of verifying electronic financial terminal equipment is classified under section 47.66.

Sec. 8. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 14a. [SURPLUS LINES INSURER DATA.] Reports and recommendations on the financial condition of eligible surplus lines insurers submitted to the commissioner of commerce are classified under section 60A.208, subdivision 7.

Sec. 9. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 17b. [INSURER FINANCIAL CONDITION DATA.] Recommendations on the financial condition of an insurer submitted to the commissioner of commerce by the insurance guaranty association are classified under section 60C.15.

Sec. 10. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 18a. [INSURER SUPERVISION DATA.] Data on insurers supervised by the commissioner of commerce under chapter 60G are classified under section 60G.03, subdivision 1.

Sec. 11. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 18b. [INSURANCE AGENT TERMINATION.] Access to data on insurance agent terminations held by the commissioner of commerce is governed by section 60K.10.

Sec. 12. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 18c. [ASSOCIATION DATA.] Certain data submitted to the commissioner of commerce by a life and health guaranty association are classified under section 61B.28, subdivision 2.

Sec. 13. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 18d. [SOLICITOR OR AGENT DATA.] Data relating to suspension or revocation of a solicitor's or agent's license are classified under section 62C.17, subdivision 4.

Sec. 14. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 19f. [LEGAL SERVICE PLAN SOLICITOR OR AGENT DATA.] Information contained in a request by a legal service plan for termination of a solicitor's or agent's license is classified under section 62G.20, subdivision 3.

Sec. 15. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 19g. [ANTITRUST EXEMPTION.] Trade secret data submitted in an application for exemption from antitrust laws by health care entities are classified under section 62J.2914, subdivision 5.

Sec. 16. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 19h. [HEALTH CARE COST CONTAINMENT.] Data required to be submitted under health care cost containment provisions are classified by sections 62J.35, subdivision 3, and 62J.45, subdivision 4a.

Sec. 17. Minnesota Statutes 1994, section 13.99, subdivision 20, is amended to read:

Subd. 20. [AUTO THEFT DATA.] The sharing of data on auto thefts between law enforcement and prosecutors and insurers is governed by section 65B.81 65B.82.

Sec. 18. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 20a. [INSURANCE CONTRACT DATA.] Certain insurance contract data held by the commissioner of commerce are classified under section 72A.20, subdivision 15.

Sec. 19. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 20b. [HEALTH CLAIMS APPEALS.] Documents that are part of an appeal from denial of health care coverage for experimental treatment are classified under section 72A.327.

Sec. 20. Minnesota Statutes 1994, section 13.99, subdivision 21a, is amended to read:

Subd. 21a. [MINERAL DEPOSIT EVALUATION DATA.] Data submitted in applying for a permit for mineral deposit evaluation and as a result of exploration are classified under section 103I.605, subdivision subdivisions 2 and 4.

Sec. 21. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 21d. [WASTE MANAGEMENT HAULER DATA.] Data on waste management haulers inspected under section 115A.47 are classified under section 115A.47, subdivision 5.

Sec. 22. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 24a. [VOLUNTARY BUY-OUT DATA.] Data obtained by the commissioner of commerce from insurers under the voluntary buy-out law are classified under section 115B.46, subdivision 6.

Sec. 23. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 24b. [PETROLEUM TANK RELEASE.] Certain data in connection with a petroleum tank release are classified under section 115C.03, subdivision 8.

Sec. 24. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 24c. [TOXIC POLLUTION PREVENTION PLANS.] Toxic pollution prevention plans are classified under section 115D.09.

Sec. 25. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 27e. [DEVELOPMENTAL SCREENING.] Data collected in early childhood developmental screening programs are classified under section 123.704.

Sec. 26. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 27f. [TEACHER LICENSE REPORTING.] Data on certain teacher discharges and resignations reported under section 125.09 are classified under that section.

Sec. 27. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 28a. [HIGHER EDUCATION COORDINATING BOARD.] Financial records submitted by schools registering with the higher education coordinating board are classified under section 136A.64.

Sec. 28. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 29b. [PUBLIC HEALTH STUDIES.] Data held by the commissioner of health in connection with public health studies are classified under section 144.053.

Sec. 29. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 29c. [RURAL HOSPITAL GRANTS.] Financial data on individual hospitals under the rural hospital grant program are classified under section 144.147, subdivision 5.

Sec. 30. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 35c. [TRAUMATIC INJURY DATA.] Data on individuals with a brain or spinal injury collected by the commissioner of health are classified under section 144.665.

Sec. 31. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 38b. [LEAD EXPOSURE DATA.] Data on individuals exposed to lead in their residences are classified under section 144.874, subdivision 1.

Sec. 32. Minnesota Statutes 1994, section 13.99, subdivision 42a, is amended to read:

Subd. 42a. [PHYSICIAN HEALTH DATA BOARD OF MEDICAL PRACTICE.] Physician health data obtained by the licensing board in connection with a disciplinary action are classified under section 147.091, subdivision 6 Data held by the board of medical practice in connection with disciplinary matters are classified under sections 147.01, subdivision 4, and 147.091, subdivision 6.

Sec. 33. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 52b. [UNLICENSED MENTAL HEALTH PRACTITIONERS.] Certain data in connection with the investigation of an unlicensed mental health practitioner are classified under section 148B.66, subdivision 2.

Sec. 34. Minnesota Statutes 1994, section 13.99, subdivision 54, is amended to read:

Subd. 54. [MOTOR VEHICLE REGISTRATION.] The residence address of certain individuals provided to the commissioner of public safety for Various data on motor vehicle registrations is are classified under section sections 168.345 and 168.346.

Sec. 35. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 54b. [DRIVERS' LICENSE CANCELLATIONS.] Access to data on individuals whose driver's licenses have been canceled is governed by section 171.043.

Sec. 36. Minnesota Statutes 1994, section 13.99, subdivision 55, is amended to read:

Subd. 55. [DRIVERS' LICENSE PHOTOGRAPHS AND IMAGES.] Photographs or electronically produced images taken by the commissioner of public safety for drivers' licenses are classified under section 171.07, subdivision 1a.

Sec. 37. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 56a. [DRIVERS' LICENSE CANCELLATION DUE TO BLINDNESS.] Data on a visual examination performed for purposes of drivers' license cancellation are classified under section 171.32, subdivision 3.

Sec. 38. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 58b. [WORKERS' COMPENSATION COVERAGE.] Access to the identity of anyone reporting that an employer may not have workers' compensation insurance is governed by section 176.184, subdivision 5.

Sec. 39. Minnesota Statutes 1994, section 13.99, subdivision 64, is amended to read:

Subd. 64. [HEALTH LICENSING BOARDS.] Data received held by health licensing boards from the commissioner of human services are classified under section sections 214.10, subdivision 8, and 214.25, subdivision 1.

Sec. 40. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 64a. [COMBINED BOARDS DATA.] Data held by licensing boards participating in a health professional services program are classified under sections 214.34 and 214.35.

Sec. 41. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 74c. [OMBUDSMAN ON AGING.] Data held by the ombudsman on aging are classified under section 256.9744.

Sec. 42. Minnesota Statutes 1994, section 13.99, subdivision 78, is amended to read:

Subd. 78. [ADOPTEE'S ORIGINAL BIRTH CERTIFICATE ADOPTION RECORDS.] Various adoption records are classified under section 259.53, subdivision 1. Access to the original birth certificate of a person who has been adopted is governed by section 259.89.

Sec. 43. Minnesota Statutes 1994, section 13.99, subdivision 79, is amended to read:

Subd. 79. [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS RECORDS OF JUVENILES.] Inspection and maintenance of juvenile records held by police and the commissioner of corrections are governed by section 260.161, subdivision 3. and disclosure to school officials of court services data on juveniles adjudicated delinquent is are governed by section 260.161, subdivision 1b.

Sec. 44. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 81b. [MINNESOTA YOUTH PROGRAM.] Data on individuals under the Minnesota youth program are classified under section 268.561, subdivision 7.

Sec. 45. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 90a. [CRIMINAL JUSTICE INFORMATION NETWORK.] Data collected by the criminal justice data communications network are classified under section 299C.46, subdivision 5.

Sec. 46. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 92e. [PROFESSIONAL CORPORATIONS.] Access to records of a professional corporation held by a licensing board under section 319A.17 is governed by that section.

Sec. 47. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 92f. [PRIVATE DETECTIVE LICENSE.] Certain data on applicants for licensure as private detectives are classified under section 326.3382, subdivision 3.

Sec. 48. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 98a. [ARENA ACQUISITION.] Certain data in connection with a decision whether to acquire a sports arena are classified under section 473.598, subdivision 4.

Sec. 49. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 98b. [METROPOLITAN AIRPORTS COMMISSION.] Certain airline data submitted to the metropolitan airports commission in connection with the issuance of revenue bonds are classified under section 473.6671, subdivision 3.

Sec. 50. Minnesota Statutes 1994, section 13.99, subdivision 112, is amended to read:

Subd. 112. [CHILD ABUSE REPORT RECORDS.] Data contained in child abuse report records are classified under section 626.556, subdivisions 11 and 11b.

Sec. 51. Minnesota Statutes 1994, section 13.99, is amended by adding a subdivision to read:

Subd. 113a. [CHILD PROTECTION TEAM.] Data acquired by a case consultation committee or subcommittee of a child protection team are classified by section 626.558, subdivision 3."

Delete the title and insert:

"A bill for an act relating to privacy; providing for the classification of and access to government data; clarifying data provisions; providing for the protection of state agency intellectual property; conforming provisions dealing with financial assistance data; recodifying statutes on crime of domestic assault; providing for an information policy

training program; prescribing penalties; appropriating money; amending Minnesota Statutes 1994, sections 13.03, subdivision 6; 13.04, subdivision 3; 13.06, subdivision 6; 13.10, subdivision 5; 13.32, subdivision 2; 13.43, subdivisions 2, 5, and by adding a subdivision; 13.46, subdivision 2; 13.49; 13.50, subdivision 2; 13.531; 13.551; 13.62; 13.643; 13.671; 13.69, subdivision 1; 13.761; 13.77; 13.78; 13.79; 13.793; 13.82, subdivisions 3a, 5, 6, 10, and by adding subdivisions; 13.83, subdivision 2; 13.89, subdivision 1; 13.90; 13.99, subdivisions 1, 12, 20, 21a, 42a, 54, 55, 60, 64, 78, 79, 112, and by adding subdivisions; 17.117, subdivision 12; 41.63; 41B.211; 116O.03, subdivision 7; 116S.02, subdivision 8; 128C.17; 144.0721, subdivision 2; 144.225, by adding a subdivision; 144.335, subdivision 2; 144.3351; 144.651, subdivisions 21 and 26; 148B.68, subdivision 1; 171.07, subdivision 1a; 171.12, subdivision 3; 182.659, subdivision 8, and by adding a subdivision; 253B.02, subdivision 4a; 253B.03, subdivisions 3 and 4; 259.10; 260.015, subdivision 28; 260.161, subdivision 1b; 268.0122, by adding a subdivision; 268.0124; 270B.02, subdivision 3; 270B.14, subdivision 1; 299C.11; 299C.61, subdivision 4; 336.9-407; 336.9-411; 363.061, subdivision 2; 446A.11, subdivision 11; 518B.01, subdivision 14; 595.02, subdivision 1; 609.101, subdivision 2; 609.131, subdivision 2; 609.135, subdivisions 2 and 5a; 609.1352, subdivision 3; 609.185; 609.224, subdivisions 2 and 3; 609.268, subdivision 1; 609.748, subdivision 6; 609.749, subdivisions 4 and 5; 611A.031; 624.713, subdivision 1; 626.563, subdivision 1; 629.471, subdivision 3; 629.74; 630.36, subdivision 2; and 631.046, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 13; 270B; 609; and 611A; repealing Minnesota Statutes 1994, sections 13.38, subdivision 4; 13.69, subdivision 2; and 13.71, subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17; Laws 1990, chapter 566, section 9, as amended; and Laws 1994, chapter 618, article 1, section 47."

The motion prevailed and the amendment was adopted.

McGuire moved to amend S. F. No. 1279, as amended, as follows:

Pages 2 and 3, delete section 2

Page 11, line 14, delete "data including"

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Weaver, Carruthers, McGuire and Skoglund moved to amend S. F. No. 1279, as amended, as follows:

Page 24, line 15, after "171.30;" insert "609.224; 609.2672;"

Page 24, line 16, after "subdivision 3;" insert "609.52; 609.535;"

The motion prevailed and the amendment was adopted.

Pugh and McGuire moved to amend S. F. No. 1279, as amended, as follows:

Page 43, after line 22, insert:

"Sec. 57. [PROCESS FOR RESOLVING DATA DISPUTES.]

The commissioner of administration in consultation with the commissioner of human services, county attorneys, local social service agencies, and interested citizens shall develop a process for resolving disputes about the accuracy and completeness of data on individuals at the point where the disputed data is held and for the lowest possible cost. If the process requires legislation to implement, the commissioner of administration shall propose such legislation by February 1, 1996."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Girard moved to amend S. F. No. 1279, as amended, as follows:

Page 45, delete section 2

Page 46, delete section 4

Pages 47 and 48, delete section 7

Pages 48 and 49, delete sections 10 and 11

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Sviggum moved to amend S. F. No. 1279, as amended, as follows:

Page 11, line 18, delete everything after "data" and insert "on the first day of the fiscal year following the fiscal year in which the budget was created"

Page 11, line 19, delete everything before the period

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 63 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

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

Entenza, Kraus and Pugh moved to amend S. F. No. 1279, as amended, as follows:

Page 6, after line 15, insert:

"(e) Notwithstanding paragraph (a), clause (5), upon completion of an investigation of a complaint or charge against a public official, or if a public official resigns or is terminated from employment while the complaint or charge is pending, all data relating to the complaint or charge are public, unless access to the data would jeopardize an active investigation or reveal confidential sources who are employees of the state agency, statewide system, or political subdivision. This paragraph applies to data maintained by any state agency, statewide system, or political subdivision with jurisdiction over a complaint or charge against a public official that arises out of the employment or service relationship, regardless of whether the state agency, statewide system, or political subdivision is also the employer. For purposes of this paragraph, "public official" means:

(1) a head of an agency and other members of boards or commissions required by law to be appointed by the governor or other elective officers;

(2) executive or administrative heads of departments, bureaus, divisions, and institutions;

(3) deputy and assistant agency heads; and

(4) other employees of a political subdivision who report to and are directly supervised by the governing body of the political subdivision."

A roll call was requested and properly seconded.

The question was taken on the Entenza et al amendment and the roll was called. There were 115 yeas and 14 nays as follows:

Those who voted in the affirmative were:

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

Anderson, B. Hackbarth    Koppendrayer Mulder       Swenson, H.
Broecker     Johnson, V.  Krinkie      Onnen        Workman 
Davids       Knight       Mahon        Ostrom       

Carruthers; McGuire; Pugh; Swenson, D., and Weaver moved to amend S. F. No. 1279, as amended, as follows:

Page 4, after line 2, insert:

"Sec. 5. Minnesota Statutes 1994, section 13.30, is amended to read:

13.30 [ATTORNEYS.]

Subdivision 1. Notwithstanding the provisions of this chapter and section 15.17, the use, collection, storage, and dissemination of data by an attorney acting in a professional capacity for the state, a state agency or a political subdivision shall be governed by statutes, rules, and professional standards concerning discovery, production of documents, introduction of evidence, and professional responsibility; provided that this section shall not be construed to affect the applicability of any statute, other than this chapter and section 15.17, which specifically requires or prohibits disclosure of specific information by the attorney, nor shall this section be construed to relieve any responsible authority, other than the attorney, from duties and responsibilities pursuant to this chapter and section 15.17.

Subd. 2. [LITIGATION DATA.] When a request for data sought by or on behalf of a party in connection with pending civil, criminal, or administrative litigation involving a state agency, political subdivision, or statewide system is burdensome or oppressive, access must be sought through the discovery methods provided in the applicable litigation forum. For the purposes of this subdivision, litigation shall be considered pending only if actually commenced. Any dispute concerning production of not public data shall be governed by the standard and procedure in section 13.03, subdivision 6. In any other dispute concerning whether requested data must be provided, the discovery standards and procedures of the applicable litigation forum shall apply."

Page 43, after line 34, insert "Section 7 takes effect the day after final enactment and applies to data requests and litigation pending on that date and thereafter."

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 Carruthers et al amendment and the roll was called. There were 33 yeas and 90 nays as follows:

Those who voted in the affirmative were:

Carlson      Huntley      Lourey       Orfield      Sarna
Carruthers   Jaros        Mahon        Ostrom       Skoglund
Dawkins      Jefferson    McGuire      Pawlenty     Swenson, D.
Entenza      Johnson, A.  Milbert      Pugh         Weaver
Greenfield   Kahn         Munger       Rest         Winter 
Greiling     Kelley       Murphy       Rhodes       
Hausman      Leighton     Olson, E.    Rice         

Abrams       Finseth      Krinkie      Osskopp      Tompkins
Anderson, B. Frerichs     Larsen       Osthoff      Trimble
Bakk         Garcia       Leppik       Otremba      Tuma
Bertram      Girard       Lieder       Paulsen      Tunheim
Bettermann   Goodno       Lindner      Pellow       Van Dellen
Boudreau     Haas         Long         Pelowski     Van Engen
Bradley      Hackbarth    Luther       Perlt        Vickerman
Broecker     Harder       Lynch        Peterson     Warkentin
Brown        Hasskamp     Macklin      Rostberg     Wejcman
Commers      Holsten      Mares        Rukavina     Wenzel
Cooper       Hugoson      Marko        Schumacher   Wolf
Daggett      Jennings     McCollum     Seagren      Worke
Dauner       Johnson, R.  McElroy      Simoneau     Workman
Davids       Johnson, V.  Molnau       Smith        Sp.Anderson,I
Dehler       Kalis        Mulder       Solberg      
Delmont      Knight       Ness         Sviggum      
Dempsey      Knoblach     Olson, M.    Swenson, H.  
Dorn         Koppendrayer Onnen        Sykora       
Erhardt      Kraus        Opatz        Tomassoni    

Long moved to amend S. F. No. 1279, as amended, as follows:

Page 43, after line 15, insert:

"Sec. 56. [SCHOOL DISTRICT DIRECTORY DATA.]

School districts shall make available appropriate directory information to a member of a graduating class for purposes of notifying class members of class reunions."

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The motion prevailed and the amendment was adopted.

Sviggum moved to amend S. F. No. 1279, as amended, as follows:

Page 11, lines 10, 14, 17, 19, 20, and 21, delete "administration" and insert "body"

Page 11, line 11, delete "and"

Page 11, line 12, after "governor" insert ", and in the house of representatives and the senate, each finance committee, finance division of a standing committee, the committee on capital investment, and the committee on taxes"

Page 11, line 18, after "budget" insert "or legislative budget targets"

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 63 yeas and 66 nays as follows:

Those who voted in the affirmative were:

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

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

Bishop and Sviggum moved to amend S. F. No. 1279, as amended, as follows:

Page 11, line 13, delete everything after "[CLASSIFICATIONS.]"

Page 11, line 14, delete everything before "anticipated"

Page 11, line 17, delete everything after the period, and insert "After the budget is presented to the legislature by the state administration, supporting data, including agency requests, is public data, provided however that this provision shall not require the release of any preliminary drafts or data supportive of preliminary or anticipative budget proposals."

Page 17, delete line 18

Page 17, line 19, delete "state administration."

The motion prevailed and the amendment was adopted.

S. F. No. 1279, A bill for an act relating to privacy; providing for the classification of and access to government data; clarifying data provisions; providing for survival of actions under the data practices act; computer matching; eliminating report requirements; imposing penalties; providing for the classification and release of booking photographs; conforming provisions dealing with financial assistance data; limiting the release of copies of videotapes of child abuse victims; requiring a court order in certain cases; amending Minnesota Statutes 1994, sections 13.03, subdivision 6; 13.06, subdivision 6; 13.072, subdivision 1, and by adding a subdivision; 13.08, subdivision 1; 13.10, subdivision 5; 13.31, subdivision 1; 13.32, subdivision 2; 13.43, subdivisions 2, 5, and by adding a subdivision; 13.46, subdivisions 1 and 2; 13.49; 13.50, subdivision 2; 13.551; 13.79; 13.793; 13.82, subdivisions 3a, 5, 6, 10, and by adding a subdivision; 13.83, subdivision 2; 13.89, subdivision 1; 13.90; 13.99, subdivisions 1, 12, 20, 21a, 42a, 54, 55, 64, 78, 79, 112, and by adding subdivisions; 41B.211; 144.0721, subdivision 2; 144.225, by adding a subdivision; 144.335, subdivisions 2 and 3a; 144.3351; 144.651, subdivisions 21 and 26; 253B.03, subdivisions 3 and 4; 260.161, by adding a subdivision; 268.12, subdivision 12; 270B.02, subdivision 3; 270B.03, subdivision 1; 270B.12, subdivision 2; 270B.14, subdivisions 1 and 11; 336.9-407; 336.9-411; 383B.225, subdivision 6; 388.24, subdivision 4; and 401.065, subdivision 3a; Laws 1993, chapter 192, section 110; proposing coding for new law in Minnesota Statutes, chapters 13; 13B; 270B; and 611A; repealing Minnesota Statutes 1994, sections 13.38, subdivision 4; 13.69, subdivision 2; 13.71, subdivisions 9, 10, 11, 12, 13, 14, 15, 16, and 17; 13B.04; and Laws 1990, chapter 566, section 9, as amended.

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 126 yeas and 4 nays as follows:

Those who voted in the affirmative were:

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

Knight       Krinkie      Olson, M.    Osskopp      

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.

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

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

H. F. No. 1542, A bill for an act relating to state departments; abolishing the higher education coordinating board, the Minnesota racing commission, the gambling control board, and the department of public service; transferring certain responsibilities and personnel to other agencies; creating new agencies; reducing certain appropriations; amending Minnesota Statutes 1994, sections 126.56; 126.663, subdivision 3; 126A.02, subdivision 2; 135A.12, subdivision 1; 135A.15, subdivision 1; 135A.153, subdivision 1; 136A.01; 136A.03; 136A.07; 136A.08; 136A.101, subdivisions 2 and 3; 136A.15, subdivisions 3 and 4; 136A.16, subdivision 1; 136A.233, subdivision 2; 136A.26, subdivisions 1 and 2; 136A.42; 136A.62, subdivision 2; 136A.69; 141.25, subdivision 8; 144.1487, subdivision 1; 144.1488, subdivisions 1 and 4; 144.1489, subdivisions 1, 3, and 4; 144.1490; 144.1491, subdivision 2; 240.011; 240.03; 240.04; 240.28; 298.2214, subdivision 5; 299L.02, subdivision 2; 349.12, subdivision 10; 349.151; 349.153; 349A.02, subdivision 1; 349A.04; 349A.05; 349A.06, subdivision 2; 349A.08, subdivision 7; 349A.11; and 349A.12, subdivision 4; proposing coding for new law in Minnesota Statutes, chapters 3; 135A; 136A; 240; and 349; proposing coding for new law as Minnesota Statutes, chapter 216E; repealing Minnesota Statutes 1994, sections 135A.052, subdivisions 2 and 3; 135A.08; 135A.09; 135A.10; 135A.11; 135A.12, subdivision 5; 136A.02; 136A.04; 136A.041; 136A.125, subdivision 5; 136A.1352; 136A.1353; 136A.1354; 136A.85; 136A.86; 136A.87; 136A.88; 144.1488, subdivision 2; 148.236; 240.01, subdivision 4; 240.02; 240.04, subdivisions 1 and 1a; 349.12, subdivision 6; 349.152, subdivisions 1 and 2; 349A.01, subdivision 2; 349A.02, subdivision 8; and 349A.03.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Ways and Means.

The report was adopted.

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

H. F. No. 1806, A resolution memorializing the government of the United States to refer matters of disagreement between the citizens of Minnesota and Ontario to the International Joint Commission for examination and determination under the Root-Bryce Treaty.

Reported the same back with the following amendments:

Page 2, line 1, delete "peaceful"

With the recommendation that when so amended the bill pass.

The report was adopted.

H. F. No. 1806 was read for the second time.

Carruthers moved that the bills on General Orders for today be continued. The motion prevailed.

Leppik moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, May 5, 1995, when the vote was taken on the repassage of H. F. No. 1256, as amended by the Senate." The motion prevailed.

McCollum moved that the following statement be printed in the Journal of the House: "It was my intention to vote in the affirmative on Friday, May 5, 1995, when the vote was taken on the final passage of S. F. No. 1404, as amended." The motion prevailed.

Simoneau moved that H. F. No. 230 be returned to its author. The motion prevailed.

Pelowski moved that H. F. No. 1257 be returned to its author. The motion prevailed.

Mulder moved that H. F. No. 1293 be returned to its author. The motion prevailed.

Carruthers moved that S. F. No. 1246 be recalled from the Committee on Rules and Legislative Administration and be re- referred to the Committee on Ways and Means. The motion prevailed.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 980:

Skoglund, Pugh and Rhodes.

The Speaker announced the appointment of the following members of the House to a Conference Committee on H. F. No. 1700:

Murphy, Skoglund, Pugh, Bishop and Swenson, D.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1134:

Jennings, Bertram and Abrams.

The Speaker announced the appointment of the following members of the House to a Conference Committee on S. F. No. 1199:

Erhardt, Pugh and Lieder.

Carruthers moved that when the House adjourns today it adjourn until 9:30 a.m., Tuesday, May 9, 1995. The motion prevailed.

Carruthers moved that the House adjourn. The motion prevailed, and the Speaker declared the House stands adjourned until 9:30 a.m., Tuesday, May 9, 1995.

Edward A. Burdick, Chief Clerk, House of Representatives

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