The Honorable Phil Carruthers

Speaker of the House of Representatives

The State of Minnesota

Dear Speaker Carruthers:

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:

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 1998 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:

S.F. No.	H.F. No.	Session Laws Chapter No.	Time and Date Approved 1997	Date Filed 1997
	2372	256	3:02 p.m. February 25	February 25
	2550	257	3:05 p.m. February 25	February 25
	2338	258	3:08 p.m. February 25	February 25

Sincerely,

Joan Anderson Growe
Secretary of State

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 2342, A bill for an act relating to the housing finance agency; appropriating money to the family homeless prevention and assistance program.

(4) the family has received rental assistance under this section for a 36-month 60-month period; or

(5) the rental unit no longer meets federal section 8 existing housing quality standards, the owner refused to make necessary repairs or alterations to bring the rental unit into compliance within a reasonable time, and the caretaker parent refused to relocate to a qualifying unit.

(g) If a county agency an employment and training service provider determines that a caretaker parent no longer has earned income and is not in compliance with the parent's job search or employment plan, the county agency employment and training service provider must notify the caretaker parent of that determination. The notice must be in writing and must explain the effect of not having earned income or failing to be in compliance with the job search or employment plan will have on the rental assistance. The notice must:

(1) state that rental assistance will end six months after earned income has ended an annual recertification;

(2) specify the date the rental assistance will end;

(3) explain that after the date specified, the caretaker parent will be responsible for the total housing costs;

(4) describe the actions the caretaker parent may take to avoid termination of rental assistance; and

(5) inform the caretaker parent of the caretaker parent's responsibility to notify the county agency employment and training service provider if the caretaker parent has earned income.

Sec. 14. [462A.2066] [HOMEOWNERSHIP ZONES PROGRAM.]

Subdivision 1. [ACCOUNT.] The homeownership zones fund account is established as a separate account in the housing development fund. Money in the account is appropriated to the agency for the purposes specified in this section.

Subd. 2. [COMPLEMENTARY TO FEDERAL PROGRAM.] In implementing the state homeownership zones program, the agency shall follow, to the extent practicable and not inconsistent with provisions in this section, the federal program guidelines for homeownership zones, established in the Federal Register, volume 62, number 129, July 7, 1997.

Subd. 3. [ELIGIBILITY; GRANTS AND LOANS.] The agency may make grants or loans to cities, counties, or nonprofit organizations for the purposes of this section. In awarding grants and loans, the agency shall take into account the amount of money that the applicant leverages from other sources, including the federal homeownership zones program. The applicant must indicate in its application how the proposed project is consistent with the consolidated housing plan. Not less than ten days before submitting its application to the agency, a county or nonprofit organization must notify the city in which the project will be located of its intent to apply for funds. The city may submit to the agency its written comments on the county's or nonprofit organization's application and the agency shall consider the city's comments in reviewing the application.

Subd. 4. [SPECIAL PROJECT CHARACTERISTICS.] A homeownership zone project may include scattered sites of less than 300 units in an identified zone as well as a single contiguous tract. A homeownership zone project must incorporate energy conservation design and measures into the project.

Sec. 15. Minnesota Statutes 1996, section 462A.21, is amended by adding a subdivision to read:

Subd. 24. [HOMEOWNERSHIP ZONES.] The agency may spend money for the purposes of the homeownership zones program under section 462A.2066, and may pay the costs and expenses necessary and incidental to the development and operation of the program. It may approve allocations of more than $300,000 to individual projects.

Sec. 16. Minnesota Statutes 1996, section 462A.21, is amended by adding a subdivision to read:

Sec. 17. Minnesota Statutes 1996, section 462A.222, subdivision 3, is amended to read:

Subd. 3. [ALLOCATION PROCEDURE.] (a) Projects will be awarded tax credits in three competitive rounds on an annual basis. The date for applications for each round must be determined by the agency. No allocating agency may award tax credits prior to the application dates established by the agency.

(b) Each allocating agency must meet the requirements of section 42(m) of the Internal Revenue Code of 1986, as amended through December 31, 1989, for the allocation of tax credits and the selection of projects.

(c) For projects that are eligible for an allocation of credits pursuant to section 42(h)(4) of the Internal Revenue Code of 1986, as amended, tax credits may only be allocated if the project satisfies the requirements of the allocating agency's qualified allocation plan. For projects that are eligible for an allocation of credits pursuant to section 42(h)(4) of the Internal Revenue Code of 1986, as amended, for which the agency is the issuer of the bonds for the project, or the issuer of the bonds for the project is located outside the jurisdiction of a city or county that has received reserved tax credits, the applicable allocation plan is the agency's qualified allocation plan.

(d) For applications submitted for the first round, an allocating agency may allocate tax credits only to the following types of projects:

(1) in the metropolitan area:

(i) new construction or substantial rehabilitation of projects in which, for the term of the extended use period, at least 75 percent of the total tax credit units are single-room occupancy, efficiency, or one bedroom units and which are affordable by households whose income does not exceed 30 percent of the median income;

(ii) new construction or substantial rehabilitation family housing projects that are not restricted to persons who are 55 years of age or older and in which, for the term of the extended use period, at least 75 percent of the tax credit units contain two or more bedrooms and at least one-third of the 75 percent contain three or more bedrooms; or

(iii) substantial rehabilitation projects in neighborhoods targeted by the city for revitalization;

(2) outside the metropolitan area, projects which meet a locally identified housing need and which are in short supply in the local housing market as evidenced by credible data submitted with the application;

(3) projects that are not restricted to persons of a particular age group and in which, for the term of the extended use period, a percentage of the units are set aside and rented to persons:

(i) with a serious and persistent mental illness as defined in section 245.462, subdivision 20, paragraph (c);

(ii) with a developmental disability as defined in United States Code, title 42, section 6001, paragraph (5), as amended through December 31, 1990;

(iii) who have been assessed as drug dependent persons as defined in section 254A.02, subdivision 5, and are receiving or will receive care and treatment services provided by an approved treatment program as defined in section 254A.02, subdivision 2;

(iv) with a brain injury as defined in section 256B.093, subdivision 4, paragraph (a); or

(v) with permanent physical disabilities that substantially limit one or more major life activities, if at least 50 percent of the units in the project are accessible as provided under Minnesota Rules, chapter 1340;

(4) projects, whether or not restricted to persons of a particular age group, which preserve existing subsidized housing which is subject to prepayment if the use of tax credits is necessary to prevent conversion to market rate use; or

(e) Before the date for applications for the second round, the allocating agencies other than the agency shall return all uncommitted and unallocated tax credits to the pool from which they were allocated, along with copies of any allocation or commitment. In the second round, the agency shall allocate the remaining credits from the regional pools to projects from the respective regions.

(f) In the third round, all unallocated tax credits must be transferred to a unified pool for allocation by the agency on a statewide basis.

(g) Unused portions of the state ceiling for low-income housing tax credits reserved to cities and counties for allocation may be returned at any time to the agency for allocation.

(h) If an allocating agency determines, at any time after the initial commitment or allocation for a specific project, that a project is no longer eligible for all or a portion of the low-income housing tax credits committed or allocated to the project, the credits must be transferred to the agency to be reallocated pursuant to the procedures established in paragraphs (e) to (g); provided that if the tax credits for which the project is no longer eligible are from the current year's annual ceiling and the allocating agency maintains a waiting list, the allocating agency may continue to commit or allocate the credits until not later than October 1, at which time any uncommitted credits must be transferred to the agency.

Sec. 18. [471.9997] [FEDERALLY ASSISTED RENTAL HOUSING; IMPACT STATEMENT.]

At least 12 months before termination of participation in a federally assisted rental housing program, including project-based section 8 and section 236 rental housing, the owner of the federally assisted rental housing must submit a statement regarding the impact of termination on the residents of the rental housing to the governing body of the local government unit in which the housing is located. The impact statement must identify the number of units that will no longer be subject to rent restrictions imposed by the federal program, the estimated rents that will be charged as compared to rents charged under the federal program, and actions the owner will take to assist displaced tenants in obtaining other housing. A copy of the impact statement must be provided to each resident of the affected building, the Minnesota housing finance agency, and, if the property is located in the metropolitan area as defined in section 473.121, subdivision 2, the metropolitan council.

Sec. 19. Minnesota Statutes 1996, section 474A.061, subdivision 2a, is amended to read:

Subd. 2a. [HOUSING POOL ALLOCATION.] (a) On the first business day that falls on a Monday of the calendar year and the first Monday in February, the commissioner shall allocate available bonding authority in the housing pool to applications received by the Monday of the previous week for residential rental projects that are not restricted to persons who are 55 years of age or older and that meet the eligibility criteria under section 474A.047, except that allocations may be made to projects that are restricted to persons who are 55 years of age or older if the project preserves existing federally assisted rental housing. Projects that preserve existing federally assisted rental housing shall be allocated available bonding authority in the housing pool prior to the allocation of available bonding authority to other eligible residential rental projects. If an issuer that receives an allocation under this paragraph does not issue obligations equal to all or a portion of the allocation received within 120 days of the allocation or returns the allocation to the commissioner, the amount of the allocation is canceled and returned for reallocation through the housing pool.

(b) After February 1, and through February 15, the Minnesota housing finance agency may accept applications from cities for single-family housing programs which meet program requirements as follows:

(1) the housing program must meet a locally identified housing need and be economically viable;

(2) the adjusted income of home buyers may not exceed the greater of the agency's income limits or 80 percent of the area median income as published by the Department of Housing and Urban Development;

(3) house price limits may not exceed:

(i) the greater of agency house price limits or the federal price limits for housing up to a maximum of $95,000; or

Data establishing the median purchase price in the city must be included in the application by a city requesting house price limits higher than the housing finance agency's house price limits; and

(4) an application deposit equal to one percent of the requested allocation must be submitted before the agency forwards the list specifying the amounts allocated to the commissioner under paragraph (c). The agency shall submit the city's application and application deposit to the commissioner when requesting an allocation from the housing pool.

Applications by a consortium shall include the name of each member of the consortium and the amount of allocation requested by each member.

The Minnesota housing finance agency may accept applications from June 15 through June 30 from cities for single-family housing programs which meet program requirements specified under clauses (1) to (4) if bonding authority is available in the housing pool. The agency must allot available bonding authority. For purposes of paragraphs (a) to (g), "city" means a county or a consortium of local government units that agree through a joint powers agreement to apply together for single-family housing programs, and has the meaning given it in section 462C.02, subdivision 6. "Agency" means the Minnesota housing finance agency.

(c) The total amount of allocation for mortgage bonds for one city is limited to the lesser of: (i) the amount requested, or (ii) the product of the total amount available for mortgage bonds from the housing pool, multiplied by the ratio of each applicant's population as determined by the most recent estimate of the city's population released by the state demographer's office to the total of all the applicants' population, except that each applicant shall be allocated a minimum of $100,000 regardless of the amount requested or the amount determined under the formula in clause (ii). If a city applying for an allocation is located within a county that has also applied for an allocation, the city's population will be deducted from the county's population in calculating the amount of allocations under this paragraph.

Upon determining the amount of each applicant's allocation, the agency shall forward a list specifying the amounts allotted to each application and application deposit checks to the commissioner.

(d) The agency may issue bonds on behalf of participating cities. The agency shall request an allocation from the commissioner for all applicants who choose to have the agency issue bonds on their behalf and the commissioner shall allocate the requested amount to the agency. The agency may request an allocation at any time after the first Monday in February and through the last Monday in July, but may request an allocation no later than the last Monday in July. The commissioner shall return any application deposit to a city that paid an application deposit under paragraph (b), clause (4), but was not part of the list forwarded to the commissioner under paragraph (c).

(e) A city may choose to issue bonds on its own behalf or through a joint powers agreement or may use bonding authority for mortgage credit certificates and may request an allocation from the commissioner. If the total amount requested by all applicants exceeds the amount available in the pool, the city may not receive a greater allocation than the amount it would have received under the list forwarded by the Minnesota housing finance agency to the commissioner. No city may request or receive an allocation from the commissioner until the list under paragraph (c) has been forwarded to the commissioner. A city must request an allocation from the commissioner no later than 14 days before the unified pool is created pursuant to section 474A.091, subdivision 1. On and after the first Monday in February and through the last Monday in July, no city may receive an allocation from the housing pool which has not first applied to the Minnesota housing finance agency. The commissioner shall allocate the requested amount to the city or cities subject to the limitations under this paragraph.

If a city issues mortgage bonds from an allocation received under this paragraph, the issuer must provide for the recycling of funds into new loans. If the issuer is not able to provide for recycling, the issuer must notify the commissioner in writing of the reason that recycling was not possible and the reason the issuer elected not to have the Minnesota housing finance agency issue the bonds. "Recycling" means the use of money generated from the repayment and prepayment of loans for further eligible loans or for the redemption of bonds and the issuance of current refunding bonds.

(g) A city that does not use at least 50 percent of their allotment by the date applications are due for the first allocation that is made from the housing pool for single-family housing programs in the immediately succeeding calendar year may not apply to the housing pool for a single-family mortgage bond or mortgage credit certificate program allocation or receive an allotment from the housing pool in the succeeding two calendar years. Each local government unit in a consortium must meet the requirements of this paragraph."

Amend the title accordingly

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 2816, A bill for an act relating to economic development; modifying public notice requirements for sale or lease of property by a housing and redevelopment authority; amending Minnesota Statutes 1996, section 469.029, subdivision 2.

Reported the same back with the following amendments:

Page 1, line 17, before "property" insert "nonresidential" and after "property" insert "or the sale of residential property"

Page 1, line 18, delete "$1,000,000" and insert "$500,000"

Page 1, line 24, delete "one-eighth" and insert "1/12"

Page 1, line 25, delete everything after the period

Page 1, delete line 26

Page 2, delete line 1

Page 2, line 3, delete "$1,000,000" and insert "$500,000"

Page 2, line 4, after "except" insert "that" and after "advertisement" insert "also"

Page 2, line 5, before "statewide" insert "paid" and after " circulation" insert "of 100,000 or more"

With the recommendation that when so amended the bill pass and be re-referred to the Committee on Rules and Legislative Administration.

The report was adopted.

Long from the Committee on Taxes to which was referred:

120.173, subdivisions 1 and 6; 120.73, subdivision 1; 121.1115, by adding subdivisions; 121.908, subdivisions 2 and 3; 122.23, subdivision 6; 123.35, subdivision 19a; 123.39, subdivision 1, and by adding a subdivision; 123.935, subdivisions 1 and 2; 124.14, subdivision 7, and by adding a subdivision; 124.17, subdivision 2, and by adding a subdivision; 124.248, subdivisions 1 and 1a; 124.2713, subdivision 6a; 124.273, by adding a subdivision; 124.32, by adding a subdivision; 124.3201, subdivision 5; 124.323, by adding subdivisions; 124.646, subdivision 4; 124.755, subdivision 1; 124.95, subdivision 6; 124A.03, subdivision 3c; 124A.034, subdivision 2; 124A.036, subdivisions 1a, 4, 6, and by adding a subdivision; 124A.22, by adding a subdivision; 124A.292, subdivision 3; 124A.30; 124C.45, subdivision 2; 124C.47; 124C.48, by adding a subdivision; 125.191; 126.237; 127.27, subdivisions 2 and 4; 256B.0625, subdivision 26; 260.015, subdivision 19; and 260.132, subdivision 4; Minnesota Statutes 1997 Supplement, sections 120.101, subdivision 5; 120.1701, subdivision 3; 120.181; 121.11, subdivision 7c; 121.1113, subdivision 1; 121.904, subdivision 4a; 124.17, subdivisions 1d, 6, and 7; 124.248, subdivisions 2a and 6; 124.2601, subdivisions 3 and 6; 124.2711, subdivision 2a; 124.2713, subdivision 6; 124.3111, subdivisions 2 and 3; 124.3201, subdivisions 1, 2, and 4; 124.6475; 124.648, subdivision 3; 124.91, subdivisions 1 and 5; 124.916, subdivision 2; 124A.036, subdivision 5; 124A.22, subdivisions 1 and 11; 124A.23, subdivision 1; 124A.28, subdivisions 1 and 1a; 124C.46, subdivisions 1 and 2; 126.79, subdivisions 3, 6, 7, 8, and 9; 127.27, subdivisions 10 and 11; 127.281; 127.31, subdivision 15; 127.32; 127.36, subdivision 1; and 127.38; Laws 1992, chapter 499, article 7, section 31; Laws 1997, First Special Session chapter 4, article 1, section 58; article 1, section 61, subdivision 3; article 2, section 51, subdivisions 2, 4, 5, and 29; article 3, section 23, by adding a subdivision; article 3, section 25, subdivisions 2 and 4; article 4, section 35, subdivision 9; article 5, section 24, subdivision 4; article 5, section 28, subdivisions 4, 9, and 12; article 6, section 20, subdivision 4; article 8, section 4, subdivision 3; article 9, section 11; article 9, section 12, subdivision 8; article 10, section 3, subdivision 2; article 10, section 4; and article 10, section 5; proposing coding for new law in Minnesota Statutes, chapters 120; 124; 124A; and 126; repealing Minnesota Statutes 1996, sections 124.2713, subdivision 6b; 124.647; 124A.292, subdivisions 2 and 4; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; 124A.73; and 126.12; Minnesota Statutes 1997 Supplement, sections 124.2601, subdivisions 4 and 5; 124.912, subdivisions 2 and 3; 124A.711, subdivision 2; and 135A.081; Laws 1993, chapter 146, article 5, section 20, as amended; Laws 1997, chapter 231, article 1, section 17; Minnesota Rules, part 3525.2750, subpart 1, item B.

Reported the same back with the following amendments:

Page 132, after line 27, insert:

"Sec. 29. [RECOMMENDATIONS ON A CENTRAL DEPOSITORY OF EMPLOYMENT DATA.]

Subdivision 1. [WORKING GROUP.] The commissioner of children, families, and learning shall convene a working group to recommend data management policies and appropriate organizing structures and operational practices for a central depository of data containing licensing and employment information about elementary and secondary school teachers employed in Minnesota school districts. The purpose of the depository is to help protect K-12 students and their teachers. The working group must include one representative from each of the following organizations: the state board of teaching; the teacher licensing division in the department of children, families, and learning; the Minnesota school boards association; the Minnesota education association; the Minnesota federation of teachers; the public information policy analysis division of the state department of administration; the association of school personnel administrators; the Minnesota association of school business officials; and any other groups the commissioner determines are relevant. By February 1, 1999, the commissioner shall submit the group's recommendations concerning establishing and operating a central depository of teachers' employment data, including recommended statutory changes, to the education committees of the legislature. The commissioner shall convene the working group beginning June 15, 1998.

Subd. 2. [ISSUES TO RESOLVE.] In recommending how to establish and operate a central depository of teachers' employment data, the working group must address at least the following:

(1) whether the state board of teaching or other state entity is the most appropriate depository of employment-related data;

(3) what mechanisms should be developed for reporting state and school district data on teachers to ensure that stored data are timely and accurate;

(4) what policies should be adopted to ensure the integrity and privacy of the data;

(5) what policies should govern the access of individuals and organizations to the data, including the release of personnel data to prospective employers;

(6) what should be the extent of liability and immunity from liability for individuals and organizations that release data; and

(7) other related matters affecting the collecting, accessing, or releasing of data and the need to protect students and teachers."

Page 138, delete section 6

Renumber the sections in sequence and correct internal references

Amend the title accordingly

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 3084, A bill for an act relating to Meeker county; authorizing an economic development authority.

Reported the same back with the following amendments:

Page 1, line 5, delete "COUNTY" and insert "AND KITTSON COUNTIES"

Page 1, line 8, delete "county" and insert "and Kittson counties" and after "may" insert "each"

Page 2, line 8, after "effective" insert "for Meeker county"

Page 2, line 10, before the period, insert ", and is effective for Kittson county the day after the Kittson county board's approval is filed as provided in Minnesota Statutes, section 645.021, subdivision 3"

Delete the title and insert:

"A bill for an act relating to counties; Meeker and Kittson; authorizing economic development authorities."

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 3243, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for the construction of a municipal water park in the city of Hastings.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Capital Investment.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 3378, A bill for an act relating to appropriations; appropriating money for rehabilitation and community centers for Vision Loss Resources, Inc.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. [ECONOMIC SECURITY.]

$350,000 is appropriated from the general fund in fiscal year 1999 to the commissioner of economic security for a grant to Vision Loss Resources, Inc. The grantee must match each dollar of state funding with $3 from nonstate sources."

Amend the title as follows:

Page 1, line 3, delete "rehabilitation and community centers for"

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

The report was adopted.

Jaros from the Committee on Economic Development and International Trade to which was referred:

H. F. No. 3751, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for wastewater infrastructure funding for the city and town of Garrison.

Reported the same back with the recommendation that the bill pass and be re-referred to the Committee on Capital Investment.

The report was adopted.

Skoglund from the Committee on Judiciary to which was referred:

subdivision 5; 609.113, subdivision 3; and 611.25, subdivision 3; amending Laws 1996, chapter 408, article 2, section 16; and Laws 1997, chapter 239, article 1, sections 7 and 12; proposing coding for new law in Minnesota Statutes, chapters 169; 241; 299C; 609; and 611A; repealing Minnesota Statutes 1996, sections 609.101, subdivision 1; 609.563, subdivision 2; 611.216, subdivision 1a; 611.26, subdivision 9; 611.27, subdivision 2; and 626.861; Minnesota Statutes 1997 Supplement, section 611.27, subdivision 4.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]

The sums shown in the columns headed "APPROPRIATIONS" are appropriated from the general fund, or another named fund, to the agencies and for the purposes specified in this article to be available for the fiscal years indicated for each purpose. The figures "1998" and "1999," where used in this article, mean that the appropriation or appropriations listed under them are available for the year ending June 30, 1998, or June 30, 1999, respectively.

1998 1999

General Fund Total $ 652,000 $ 6,683,000

TOTAL $ 652,000 $ 6,683,000

APPROPRIATIONS

Available for the Year

Ending June 30

1998 1999

Sec. 2. SUPREME COURT $ -0- $ 1,060,000

$100,000 is for positions to improve financial and human resources services to the courts.

$300,000 is for a community justice system collaboration team in the judicial branch.

$500,000 is for civil legal services to low-income clients.

$85,000 is a one-time appropriation for a grant to the fourth judicial district to be used to implement an innovative community court project to improve the administration of justice with respect to crimes and civil disputes that affect the quality of life in the community.

$75,000 is a one-time appropriation for the parental cooperation task force created in section 15.

Sec. 3. COURT OF APPEALS 60,000 109,000

$60,000 the first year is for a workers' compensation deficiency.

$52,000 the second year is for a sixth appellate panel.

$57,000 the second year is for law clerk salary equity adjustments.

Sec. 4. DISTRICT COURT -0- 1,216,000

$631,000 is for 15 additional law clerk positions.

$585,000 is for law clerk salary equity adjustments.

Sec. 5. BOARD ON JUDICIAL STANDARDS -0- 100,000

$100,000 is a one-time appropriation for costs associated with the investigation and public hearing regarding complaints presented to the board.

Sec. 6. BOARD OF PUBLIC DEFENSE 149,000 302,000

$10,000 the first year and $20,000 the second year are for increased employer contribution rates for coverage under the General Plan of the Public Employees' Retirement Association (PERA).

$139,000 the first year and $282,000 the second year are for a 1.25 percent salary increase for public defenders in the second and fourth judicial districts.

The board of public defense, in cooperation with the supreme court, the conference of chief judges, and the association of Minnesota counties, shall study the issue of public defender representation under Minnesota Statutes, sections 260.155, subdivision 2, and 611.14, of juveniles and other parties in juvenile court proceedings. By January 15, 1999, the board of public defense shall make recommendations to the legislature on this issue.

Sec. 7. CORRECTIONS

Subdivision 1. Total Appropriation 220,000 2,530,000

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

Subd. 2. Correctional Institutions

-0- 71,000

From the amount appropriated in Laws 1997, chapter 239, article 1, section 12, subdivision 3, for the transfer of the Sauk Centre sex offender program, the commissioner shall transfer $368,000 to the correctional institutions budget to pay prison costs associated with this act.

The commissioner may use operating funds appropriated in Laws 1997, chapter 239, article 1, section 12, to renovate Building 35 to provide for 74 medium security beds at the Moose Lake Correctional Facility. An amount up to $1,500,000 may be used for the necessary renovation.

The commissioner shall report to the chairs of the house and senate committees having jurisdiction over criminal justice policy and funding any additions, reassignments, or reductions in the number of staff positions made during the 1998-1999 fiscal biennium. The report shall break down the additions, reassignments, and reductions by management, supervisory, line, and support positions and shall be submitted by January 30, 1999.

The commissioner of corrections and commissioner of public safety are directed to study the feasibility of developing an industries program under Minnesota Statutes, section 241.27, an employment program, or a vocational program, at one or more state correctional facilities to:

(1) manufacture sandbags used in flood control efforts; and

(2) establish a storage system for the sandbags.

Subd. 3. Community Services

220,000 2,459,000

$170,000 the first year and $315,000 the second year are for probation and supervised release for the state assumption of juvenile and adult misdemeanant probation services in Winona county.

$50,000 the first year and $210,000 the second year are for probation and supervised release for the state assumption of juvenile and adult misdemeanant probation services in Benton county.

probation at the county level. This increased supervision may be accomplished through a variety of methods, including, but not limited to:

(1) innovative technology services, such as automated probation reporting systems and electronic monitoring;

(2) prevention and diversion programs;

(3) intergovernmental cooperation agreements between local governments and appropriate community resources; and

(4) traditional probation program services.

Counties that deliver correctional services under Minnesota Statutes, section 244.19, and that qualify for new probation officers under this program shall receive full reimbursement for the officers' benefits and support not to exceed $70,000 annually. Positions funded by this appropriation may not supplant existing services.

The commissioner shall distribute money appropriated for state and county probation officer caseload and workload reduction according to the formula contained in Minnesota Statutes, section 401.10. This appropriation may not be used to supplant existing state or county probation officer positions or existing correctional services or programs.

$132,000 is a one-time appropriation for a grant to Ramsey county for the development and operation of a one-year pilot project in Ramsey county targeting intensive intervention to families who have been involved in the violent drug culture.

This pilot program is to provide intensive residential services in Phase I for up to 90 days as an alternative to incarceration of adult women and out-of-home placement of their children. Case management for families and weekly urine analysis for the adult women will be provided throughout the program.

Phase II is to be a time of placement in a transitional housing program. Phase III is to be a time of reintegration into neighborhood living and responsible citizenship with the assistance of community-based neighborhood organizations that are recruited by project staff.

$275,000 the second year is a one-time appropriation for grants to existing restorative justice programs, as described in Minnesota Statutes, section 611A.775. In awarding grants under this provision, the commissioner shall give priority to existing programs that involve face-to-face dialogue.

$325,000 the second year is a one-time appropriation to fund additional juvenile mentoring pilot programs of the type described in Laws 1996, chapter 408, article 2, section 8. At the end of the pilot programs, the commissioner shall report findings and recommendations concerning the pilot programs to the chairs and ranking minority members of the house and senate committees with jurisdiction over criminal justice and higher education issues.

$980,000 the second year is to administer the remote electronic alcohol monitoring program described in Minnesota Statutes, section 169.1219.

$100,000 is a one-time appropriation for a grant to Hennepin county to be used to continue implementation and operation of the community-oriented chemical dependency pilot project established in Laws 1996, chapter 408, article 2, section 11.

Sec. 8. CORRECTIONS OMBUDSMAN -0- 15,000

$15,000 the second year is for agency head salary and benefit adjustments to the Ombudsman for Corrections.

Sec. 9. PUBLIC SAFETY

Subdivision 1. Total Appropriation 75,000 1,001,000

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

Subd. 2. Emergency Management

50,000 148,000

$50,000 the first year is a one-time appropriation for the purchase of flood-fighting supplies and equipment.

$50,000 the second year is to fund one full-time staff person to coordinate volunteer resources during disasters, as described in article 11.

$98,000 the second year is added to the appropriation in Laws 1997, chapter 239, article 1, section 7, subdivision 2, and fully funds the activity by replacing the existing collection of special revenues through interagency contracts with a direct appropriation.

The personnel complement of the emergency management center in the division of emergency management is increased by one-half position.

Subd. 3. Crime Victim Ombudsman

$25,000 the first year and $25,000 the second year are for the consolidation of crime victim services under provisions of reorganization order 180.

$75,000 the second year is a one-time appropriation for grants to organizations or local units of government providing support services to individuals leaving systems of prostitution. Grantees must provide a funding match.

The center for crime victims services and the battered women advisory council shall ensure that community advocacy programs and support services are available for battered women and their children in Big Stone county.

The executive director of the center for crime victim services must:

(1) maintain the duties, functions, responsibilities, size, diversity, and structure of the battered women advisory council, the sexual assault advisory council, the general crime victim advisory council, and the crime victim and witness advisory council;

(2) retain the current percentages allocation of federal funds under the Violence Against Women Act;

(3) retain crime-specific funding initiatives;

(4) provide grantees of the new center, at a minimum, quarterly reports from the executive director; and

(5) conduct focus group meetings around the state to ascertain victim and provider priorities.

The executive director also must not create additional councils or bodies superseding the duties, functions, or responsibilities of existing councils.

These requirements stay in effect until June 30, 1999.

The center for crime victim services is directed to develop a process for determining priorities for future funding requests.

The crime victim ombudsman shall have responsibility for budgetary matters related to the duties of the crime victim ombudsman under Minnesota Statutes, sections 611A.72 to 611A.74. The executive director of the center for crime victim services shall have responsibility over budgetary matters related to the center for crime victim services.

Subd. 4. Fire Marshal

$170,000 is to establish, administer, and maintain the arson investigative data system described in Minnesota Statutes, section 299F.04.

Subd. 5. Criminal Apprehension

-0- 283,000

$50,000 is a one-time appropriation to administer and maintain the conditional release data system described in Minnesota Statutes, section 299C.147.

$100,000 is for grants under Minnesota Statutes, section 299C.065.

$133,000 is to hire two additional full-time forensic scientists for processing of latent fingerprint and other crime scene evidence. The addition of these forensic scientists shall not displace existing staff.

Subd. 6. Law Enforcement and Community Grants

-0- 300,000

$100,000 is a one-time appropriation for weed and seed grants under Minnesota Statutes, section 299A.63.

$150,000 is a one-time appropriation to provide grants to local law enforcement agencies to purchase automatic external defibrillators under section 13.

$50,000 is for expenses related to the increased use of the criminal alert network under Minnesota Statutes, section 299A.61.

Sec. 10. BOARD OF PEACE OFFICER STANDARDS AND 148,000 -0-

TRAINING

$148,000 the first year is a one-time appropriation for extraordinary legal costs related to the settlement and release of a wrongful discharge claim.

Sec. 11. HUMAN RIGHTS -0- 350,000

Money appropriated to the commissioner under this section shall not be used by the department of human rights for administrative purposes. Testing services funded by money appropriated under this section and used in department of human rights investigations are not considered administrative purposes.

Sec. 12. Laws 1997, chapter 239, article 1, section 7, subdivision 8, is amended to read:

Subd. 8. Law Enforcement and Community Grants

3,260,000 2,745,000

The appropriations in this subdivision are one-time appropriations.

$2,250,000 each year is to provide funding for:

(1) grants under Minnesota Statutes, section 299A.62, subdivision 1, clause (2), to enable local law enforcement agencies to assign overtime officers to high crime areas within their jurisdictions. These grants shall be distributed as provided in subdivision 2 of that section. Up to $23,000 may be used to administer grants awarded under this clause; and

(2) weed and seed grants under Minnesota Statutes, section 299A.63.

This appropriation shall be divided in equal parts between the two programs.

Money not expended in the first year is available for grants during the second year.

By February 1, 1998, the commissioner shall report to the chairs of the senate and house divisions having jurisdiction over criminal justice funding, on grants made under clauses (1) and (2).

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

$50,000 the first year is for one or more grants to community-based programs to conduct research on street gang culture and, based on this research, develop effective prevention and intervention techniques to help youth avoid or end their street gang involvement. Each program receiving a grant shall provide a report to the criminal gang oversight council that contains the following information:

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

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

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

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

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

$175,000 the first year is for grants to the Council on Black Minnesotans to continue the program established in Laws 1996, chapter 408, article 2, section 13.

$250,000 each year is for grants to local governmental units that have incurred costs implementing Minnesota Statutes, section 244.052 or 244.10, subdivision 2a. Local governmental units shall detail the costs they have incurred along with any other information required by the commissioner. The commissioner shall award grants in a manner that reimburses local governmental units demonstrating the greatest need. Of this appropriation, up to $40,000 may be used for educational equipment and training to be used for sex offender notification meetings by law enforcement agencies around the state.

$120,000 each year is for a grant to the northwest Hennepin human services council to administer the northwest community law enforcement project, to be available until June 30, 1999.

$75,000 each year is for grants to Hennepin and Ramsey counties to administer the community service grant pilot project program.

$100,000 the first year is for grants to the city of St. Paul to be used by the city to acquire and renovate a building for a joint use police storefront and youth activity center in the north end area of St. Paul.

$25,000 the first year is for the criminal alert network to disseminate data regarding the use of fraudulent checks and the coordination of security and antiterrorism efforts with the Federal Bureau of Investigation. This money is available only if the commissioner determines the expansion is feasible. If the commissioner determines that one or both of the uses are not feasible, the commissioner shall reduce the amount spent accordingly.

Sec. 13. [AUTOMATIC EXTERNAL DEFIBRILLATOR GRANT PROGRAM.]

(a) The commissioner of public safety shall administer a grant program to provide grants to local law enforcement agencies to purchase automatic external defibrillators. Grants awarded under this section may only be made to law enforcement agencies that are first responders for medical emergencies. Law enforcement agencies that receive grants under this section must:

(1) provide any necessary training to their employees concerning the use of the defibrillator;

(2) retain or consult with a physician consultant who is responsible for assisting the agency with issues involving the defibrillator and following up on the medical status of persons on whom a defibrillator has been used; and

(3) compile statistics on the use of the defibrillator and its results and report this information to the commissioner as required.

(b) By January 15, 1999, the commissioner shall report to the chairs of the senate and house divisions having jurisdiction over criminal justice funding on grants awarded under paragraph (a).

Sec. 14. [PARENTAL COOPERATION TASK FORCE.]

The supreme court is requested to convene a task force to evaluate ways to reduce conflict between parents, including the use of parenting plans. The supreme court is requested to consult on appointments to the task force with the chair of the civil and family law division in the house of representatives and the chair of the family law subcommittee in the senate. The task force shall:

(1) research ways to reduce conflict between parents, including parenting plans and the experience with parenting plans in states that have implemented them;

(2) consider ways to facilitate the local option on parenting plans in Minnesota Statutes, chapter 518D, and to address any problems caused by the lack of statewide uniformity resulting from implementing chapter 518D; and

(3) evaluate the fiscal implications of the implementation of parenting plans.

The task force shall submit a progress report to the chairs of the house and senate judiciary committees by January 15, 1999, and shall submit a final report to these committees by January 15, 2000.

Sec. 15. [CENTER FOR CRIME VICTIM SERVICES.]

The commissioner of corrections and commissioner of public safety shall work with the executive director of the center for crime victim services to transfer furniture and equipment to the center for crime victim services at its new location. To the extent new furniture needs to be purchased, reasonable efforts shall be made to purchase furniture made as part of an industrial and commercial activity authorized under Minnesota Statutes, section 241.27.

Section 1. Minnesota Statutes 1996, section 588.20, is amended to read:

588.20 [CRIMINAL CONTEMPTS.]

(b) A charge brought under this subdivision must be dismissed if the person voluntarily appears within 48 hours after the time required for appearance on the subpoena and reappears as directed by the court until discharged from the subpoena by the court. However, felony charges may be filed before the expiration of the 48 hours. This paragraph does not apply if the person appears as a result of being located by law enforcement authorities.

Subd. 2. [MISDEMEANOR CONTEMPT.] Every person who shall commit commits a contempt of court, of any one of the following kinds, shall be is guilty of a misdemeanor:

(1) disorderly, contemptuous, or insolent behavior, committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority;

(2) behavior of like character in the presence of a referee, while actually engaged in a trial or hearing, pursuant to an order of court, or in the presence of a jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law;

(3) breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of a court, jury, or referee;

(4) willful disobedience to the lawful process or other mandate of a court other than the conduct described in subdivision 1;

(5) resistance willfully offered to its lawful process or other mandate other than the conduct described in subdivision 1;

(6) contumacious and unlawful refusal to be sworn as a witness, or, after being sworn, to answer any legal and proper interrogatory;

(7) publication of a false or grossly inaccurate report of its proceedings; or

(8) willful failure to pay court-ordered child support when the obligor has the ability to pay.

No person shall may be punished as herein provided in this subdivision for publishing a true, full, and fair report of a trial, argument, decision, or other court proceeding had in court.

Sec. 2. Minnesota Statutes 1996, section 609.11, subdivision 5, is amended to read:

Subd. 5. [FIREARM.] (a) Except as otherwise provided in paragraph (b), any defendant convicted of an offense listed in subdivision 9 in which the defendant or an accomplice, at the time of the offense, had in possession or used, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm, shall be committed to the commissioner of corrections for not less than three years, nor more than the maximum sentence provided by law. Any defendant convicted of a second or subsequent offense in which the defendant or an accomplice, at the time of the offense, had in possession or used a firearm shall be committed to the commissioner of corrections for not less than five years, nor more than the maximum sentence provided by law.

(b) Any defendant convicted of violating section 609.165 or 624.713, subdivision 1, clause (b), shall be committed to the commissioner of corrections for not less than 18 months five years, nor more than the maximum sentence provided by law. Any defendant convicted of a second or subsequent violation of either of these sections shall be committed to the commissioner of corrections for not less than five years, nor more than the maximum sentence provided by law.

Sec. 3. Minnesota Statutes 1997 Supplement, section 609.11, subdivision 9, is amended to read:

stalking under section 609.749, subdivision 3, clause (3); possession or other unlawful use of a firearm in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (b), a felony violation of chapter 152; or any attempt to commit any of these offenses.

Sec. 4. Minnesota Statutes 1996, 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, a drive-by shooting, 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 while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon the child and the death occurs under circumstances manifesting an extreme indifference to human life; or

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

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

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

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

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

Sec. 5. Minnesota Statutes 1996, section 609.19, subdivision 1, is amended to read:

Subdivision 1. [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or

Sec. 6. Minnesota Statutes 1996, section 609.229, subdivision 2, is amended to read:

Subd. 2. [CRIMES.] A person who commits a crime for the benefit of, at the direction of, or in association with, or motivated by involvement with a criminal gang, with the intent to promote, further, or assist in criminal conduct by gang members is guilty of a crime and may be sentenced as provided in subdivision 3.

Sec. 7. Minnesota Statutes 1996, section 609.229, subdivision 3, is amended to read:

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

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

(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day three years or to payment of a fine of not more than $5,000 $15,000, or both.

Sec. 8. Minnesota Statutes 1996, section 609.322, subdivision 1, is amended to read:

Subdivision 1. Whoever, while acting other than as a prostitute or patron, intentionally does either any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:

(1) solicits or induces an individual under the age of 16 years to practice prostitution; or

(2) promotes the prostitution of an individual under the age of 16 years; or

(3) intentionally receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual under the age of 16 years.

Sec. 9. Minnesota Statutes 1996, section 609.322, subdivision 1a, is amended to read:

Subd. 1a. Whoever, while acting other than as a prostitute or patron, intentionally does any of the following may be sentenced to imprisonment for not more than ten 15 years or to payment of a fine of not more than $20,000 $30,000, or both:

(1) solicits or induces an individual at least 16 but less than 18 years of age to practice prostitution; or

(2) Solicits or induces an individual to practice prostitution by means of force; or

(3) Uses a position of authority to solicit or induce an individual to practice prostitution; or

(4) promotes the prostitution of an individual in the following circumstances:

(a) The individual is at least 16 but less than 18 years of age; or

(b) The actor knows that the individual has been induced or solicited to practice prostitution by means of force; or

(c) The actor knows that a position of authority has been used to induce or solicit the individual to practice prostitution; or

(3) intentionally receives profit, knowing or having reason to know that it is derived from the prostitution, or the promotion of the prostitution, of an individual.

Sec. 10. Minnesota Statutes 1996, section 609.322, is amended by adding a subdivision to read:

Subd. 1b. Subdivisions 1, clause (3), and 1a, clause (3), do not apply to:

(2) a parent over the age of 55 who is dependent on an individual acting as a prostitute, who may have benefited from or been supported by the individual's earnings derived from prostitution, and who did not know that the earnings were derived from prostitution; or

(3) the sale of goods or services to a prostitute in the ordinary course of a lawful business.

Sec. 11. [609.3242] [PROSTITUTION CRIMES COMMITTED IN SCHOOL OR PARK ZONES OR RESIDENTIAL NEIGHBORHOODS; INCREASED PENALTIES.]

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

(1) "park zone" has the meaning given in section 152.01, subdivision 12a;

(2) "residential neighborhood" means any area within 150 feet of a residence; and

(3) "school zone" has the meaning given in section 152.01, subdivision 14a, and also includes:

(i) school bus stops established by a school board under section 123.39, while school children are waiting for the bus; and

(ii) any location where a child may be while traveling to or from school.

Subd. 2. [INCREASED PENALTIES.] Any person who commits a violation of section 609.322 or 609.324 while in a school zone, park zone, or residential neighborhood may be sentenced as follows:

(1) if the crime committed is a felony, the statutory maximum for the crime is three years longer than the statutory maximum for the underlying crime;

(2) if the crime committed is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both; and

(3) if the crime committed is a misdemeanor, the person is guilty of a gross misdemeanor.

Sec. 12. Minnesota Statutes 1996, section 609.49, subdivision 1, is amended to read:

Subdivision 1. [FELONY OFFENDERS.] (a) A person charged with or convicted of a felony and released from custody, with or without bail or recognizance, on condition that the releasee personally appear when required with respect to the charge or conviction, who intentionally fails to appear when required after having been notified that a failure to appear for a court appearance is a criminal offense, is guilty of a crime for failure to appear 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 not more than one-half of the maximum term of imprisonment or fine, or both, provided for the underlying crime for which the person failed to appear, but this maximum sentence shall, in no case, be less than a term of imprisonment of one year and one day or a fine of $1,500, or both.

(b) A charge brought under this subdivision must be dismissed if the person who fails to appear voluntarily surrenders within 48 hours after the time required for appearance. However, felony charges may be filed before the expiration of the 48 hours. This paragraph does not apply if the offender appears as a result of being apprehended by law enforcement authorities.

Sec. 13. Minnesota Statutes 1996, section 609.50, subdivision 2, is amended to read:

Subd. 2. [PENALTY.] A person convicted of violating subdivision 1 may be sentenced as follows:

(2) if the act was accompanied by force or violence or the threat thereof, and is not otherwise covered by clause (1), to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or

(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $700, or both.

Sec. 14. Minnesota Statutes 1997 Supplement, section 609.52, subdivision 3, is amended to read:

Subd. 3. [SENTENCE.] Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $2,500, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in schedule I or II pursuant to section 152.02 with the exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:

(a) the value of the property or services stolen is more than $500 but not more than $2,500; or

(b) the property stolen was a controlled substance listed in schedule III, IV, or V pursuant to section 152.02; or

(c) the value of the property or services stolen is more than $200 but not more than $500 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $500, and any of the following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $200 but not more than $500; or

Sec. 15. [609.5631] [ARSON IN THE FOURTH DEGREE.]

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

(b) "Multiple unit residential building" means a building containing two or more apartments.

(c) "Public building" means a building such as a hotel, hospital, motel, dormitory, sanitarium, nursing home, theater, stadium, gymnasium, amusement park building, school or other building used for educational purposes, museum, restaurant, bar, correctional institution, place of worship, or other building of public assembly.

Subd. 2. [ARSON IN THE FOURTH DEGREE.] Whoever intentionally by means of fire or explosives sets fire to or burns or causes to be burned any real or personal property in a multiple unit residential building or public building may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000.

Sec. 16. [609.5632] [ARSON IN THE FIFTH DEGREE.]

Whoever intentionally by means of fire or explosives sets fire to or burns or causes to be burned any real or personal property of value may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $700.

Sec. 17. Minnesota Statutes 1996, section 609.582, is amended to read:

609.582 [BURGLARY.]

Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both, if:

(a) the building is a dwelling and another person, not an accomplice, is present in it when the burglar enters or at any time while the burglar is in the building;

(b) the burglar possesses, when entering or at any time while in the building, any of the following: a dangerous weapon, any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or an explosive; or

(c) the burglar assaults a person within the building or on the building's appurtenant property.

Subd. 1a. [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF OCCUPIED DWELLING.] A person convicted of committing burglary of an occupied dwelling, as defined in subdivision 1, clause (a), must be committed to the commissioner of corrections or county workhouse for not less than six months.

Subd. 2. [BURGLARY IN THE SECOND DEGREE.] Whoever enters a building without consent and with intent to commit a crime, or enters a building without consent and commits a crime while in the building, either directly or as an accomplice, commits burglary in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if:

(a) the building is a dwelling;

(b) the portion of the building entered contains a banking business or other business of receiving securities or other valuable papers for deposit or safekeeping and the entry is with force or threat of force;

(c) the portion of the building entered contains a pharmacy or other lawful business or practice in which controlled substances are routinely held or stored, and the entry is forcible; or

Subd. 3. [BURGLARY IN THE THIRD DEGREE.] Whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

Subd. 4. [BURGLARY IN THE FOURTH DEGREE.] Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree 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. 18. Minnesota Statutes 1996, section 609.66, subdivision 1e, is amended to read:

Subd. 1e. [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while in or having just exited from a motor vehicle, recklessly discharges a firearm at or toward a person, another motor vehicle, or a building is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both. If the vehicle or building is occupied, the person may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

(b) Any person who violates this subdivision by firing into or at an occupied building or motor vehicle may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both.

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

Sec. 19. Minnesota Statutes 1997 Supplement, section 609.749, subdivision 2, is amended to read:

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

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

(2) stalks, follows, or pursues another;

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

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

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

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

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

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

Sec. 20. Minnesota Statutes 1996, section 609.749, subdivision 3, is amended to read:

Subd. 3. [AGGRAVATED VIOLATIONS.] A person who commits any of the following acts is guilty of a felony:

(2) commits any offense described in subdivision 2 by falsely impersonating another;

(3) commits any offense described in subdivision 2 and possesses a dangerous weapon at the time of the offense;

(4) commits a violation of subdivision 1 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, a peace officer, an employee of the state or a political subdivision, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a criminal investigation or a judicial proceeding; or

(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.

Sec. 21. [611A.775] [RESTORATIVE JUSTICE PROGRAMS.]

A community-based organization, in collaboration with a local governmental unit, may establish a restorative justice program. A restorative justice program is a program that provides forums where certain individuals charged with or accused of having committed a crime meet with the victim, if appropriate; the victim's family members or other supportive persons, if appropriate; the offender's family members or other supportive persons, if appropriate; a law enforcement official or prosecutor when appropriate; other criminal justice system professionals when appropriate; and members of the community, in order to:

(1) discuss the impact of the offense on the victim and the community;

(2) provide support to the victim and methods for reintegrating the victim into community life;

(3) assign an appropriate sanction to the offender; and

(4) provide methods for reintegrating the offender into community life.

Sec. 22. [AMENDMENT TO SENTENCING GUIDELINES.]

Pursuant to Laws 1997, chapter 96, section 11, the proposed comment contained on page 19 of the January 1998 Minnesota sentencing guidelines commission's report to the legislature shall take effect on August 1, 1998.

Sec. 23. [LEGISLATIVE AUDITOR STUDY.]

The legislative auditor shall conduct a study of the costs that criminal activity places on the state and local communities. The study shall include not only the direct costs to state and local governments of responding to, prosecuting, and punishing criminal offenders, but also the indirect economic and social costs that criminal activity places on local communities and their residents. To the extent possible, this study shall compare, by offense type, the costs of imprisoning an offender to the costs of criminal behavior if the offender is not incarcerated.

The auditor shall report findings to the chairs of the senate crime prevention and house judiciary committees by February 15, 1999.

Sec. 24. [CRIME REPORTS BY CERTAIN CITIES, COUNTIES, AND COURTS REQUIRED.]

Subdivision 1. [TITLE.] This section may be cited as the "Community Right to Know Act."

Subd. 2. [DEFINITION.] (a) As used in this section, the following terms have the meanings given them.

(b) "City" means a city of the first class.

(d) "Court" means a district court containing within its jurisdiction a city of the first class.

(e) "Crime" refers to any misdemeanor, gross misdemeanor, enhanced gross misdemeanor, or felony offense.

(f) "Neighborhood" means:

(1) a neighborhood as defined for the purposes of the neighborhood revitalization program under section 469.1831, if applicable; or

(2) a planning district as identified and mapped for city district planning purposes.

(g) "Types of cases" means a categorization of persons arrested or cited for, charged with, or prosecuted for any crime including, but not limited to, the following: murder, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, arson, domestic assault, other assaults, prostitution, narcotic drug law violations, vandalism, other property violations, weapons offenses, disorderly conduct, and DWI, provided that a person being arrested for multiple offenses must be categorized by the most serious offense.

(h) "Types of crime" means a categorization of crimes into the eight part I offense categories and 20 part II offense categories listed in the uniform crime report published annually by the federal bureau of investigation.

Subd. 3. [INFORMATION REQUIRED.] (a) Each city shall collect and maintain the following information on crimes and criminal cases occurring within the city:

(1) the number and types of crimes reported to local law enforcement agencies;

(2) the number of individuals arrested for crimes by local law enforcement agencies;

(3) the number of tab charges and citations issued for crimes by local law enforcement agencies;

(4) the number and types of crimes cleared by arrest, citation, or tab charge;

(5) the number and types of cases that are referred to the city attorney for review or prosecution;

(6) the number and types of cases that result in the issuance of a criminal complaint by the city attorney; and

(7) the number and types of cases that the city attorney:

(i) dropped, declined, or denied; or

(ii) diverted pretrial.

The city attorney also shall note the full-time equivalent number of attorneys, and the number of cases, by assignment area for the time period from July 1, 1998, to December 31, 1998.

(b) Each county shall collect and maintain the following information for criminal cases relating to crimes occurring within the city:

(1) the number and types of cases that are referred to the county prosecutor for review or prosecution;

(2) the number and types of cases that result in the issuance of a complaint or indictment; and

(3) the number and types of cases that the county attorney:

(i) dropped, declined, or denied; or

The county also shall determine the date by which it came, or expects to come, into compliance with Minnesota Statutes, section 299C.115, regarding warrant information to be provided electronically statewide.

(c) Each court shall collect and maintain for cases occurring within the city:

(1) the disposition of cases filed with the court, including the number and types of cases resulting in dismissal, continuance for dismissal, pretrial diversion, guilty plea, finding of guilt following trial, stay of adjudication, or verdict of acquittal; and

(2) the number and types of cases that are referred to the violations bureau.

(d) The city, county, and court shall jointly determine:

(1) the date by which they had, or plan to have, an integrated criminal justice information system capable of regular and full public reporting on the occurrence and handling of crime and criminal cases; and

(2) the actual or projected cost of such a system.

Subd. 4. [REPORTS.] By February 1, 1999, each city, county, and court required to collect information under subdivision 3 shall publish a report describing that information for the period from July 1, 1998, to December 31, 1998. If practicable, the information reported must be stratified by neighborhood within the city. The report shall be submitted to the chairs of the house and senate committees having jurisdiction over criminal justice policy and funding.

Sec. 25. [STUDY OF CERTAIN PROSTITUTION CASES.]

Subdivision 1. [DEFINITION.] As used in this section, "prostitution crime" means a violation of Minnesota Statutes, section 609.324.

Subd. 2. [COLLECTION OF INFORMATION.] The offices of the Hennepin and Ramsey county attorneys and sheriffs and the offices of the Minneapolis and St. Paul city attorneys and police departments shall collect information on the investigation and prosecution of prostitution crimes committed within their respective jurisdictions during calendar year 1997. The information collected shall include data on the neighborhood where the offense allegedly was committed and the city where the perpetrator resides; the number of police calls or complaints concerning prostitution crimes; the number of arrests made or citations issued for prostitution crimes; the age, race, and gender of the individuals arrested; the types of charges filed in these cases, if any; when the charge is a violation of Minnesota Statutes, section 609.324; whether the person charged was acting as a patron or prostitute; and the disposition of the cases in which prosecutions were initiated, including the amount of any fine or penalty assessment imposed and whether the offender participated in any restorative justice or alternative sentencing measure.

Subd. 3. [LEGISLATIVE REPORT.] The prosecuting authorities specified in subdivision 2 shall cooperate in compiling a report containing the information required to be collected under subdivision 2 and shall submit the report by December 15, 1998, to the chairs of the senate crime prevention committee and the house judiciary committee.

Sec. 26. [SENTENCING GUIDELINES.]

The sentencing guidelines commission shall rank a violation of Minnesota Statutes, section 609.66, subdivision 1e, paragraph (b), at severity level VIII.

Sec. 27. [REPEALER.]

Minnesota Statutes 1996, sections 609.322, subdivisions 2 and 3; 609.323; and 609.563, subdivision 2, are repealed.

Sec. 28. [EFFECTIVE DATE.]

Section 1. Minnesota Statutes 1996, section 243.166, subdivision 1, is amended to read:

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

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

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

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

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; or 609.345; or 609.3451, subdivision 3; or

(iv) indecent exposure under section 617.23, subdivision 3; or

(2) the person was charged with or petitioned for falsely imprisoning a minor in violation of section 609.255; soliciting a minor to engage in prostitution in violation of section 609.322, 609.323, or 609.324; soliciting a minor to engage in sexual conduct in violation of section 609.352; indecent exposure under section 617.23, subdivision 2; using a minor in a sexual performance in violation of section 617.246,; or possessing pictorial representations of minors in violation of section 617.247, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances; or

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

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

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

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

(2) the person enters and remains in this state for 30 days or longer the state as required in subdivision 3, paragraph (b); and

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

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

Sec. 2. Minnesota Statutes 1997 Supplement, section 243.166, subdivision 4, is amended to read:

(b) Within three days, the corrections agent or law enforcement authority shall forward the statement, fingerprint card, and photograph to the bureau of criminal apprehension. The bureau shall ascertain whether the person has registered with the law enforcement authority where the person resides. If the person has not registered with the law enforcement authority, the bureau shall send one copy to that authority.

(c) During the period a person is required to register under this section, the following shall apply:

(1) Each year, within 30 days of the anniversary date of the person's initial registration, the bureau of criminal apprehension shall mail a verification form to the last reported address of the person.

(2) The person shall mail the signed verification form back to the bureau of criminal apprehension within ten days after receipt of the form, stating on the form the current and last address of the person.

(3) If the person fails to mail the completed and signed verification form to the bureau of criminal apprehension within ten days after receipt of the form, the person shall be in violation of this section.

Sec. 3. Minnesota Statutes 1996, section 243.166, subdivision 5, is amended to read:

Subd. 5. [CRIMINAL PENALTY.] A person required to register under this section who knowingly violates any of its provisions or intentionally provides false information to a corrections agent, law enforcement authority, or the bureau of criminal apprehension is guilty of a gross misdemeanor. A person convicted of or adjudicated delinquent for violating this section who previously has been convicted under this section is guilty of a felony. A violation of this section may be prosecuted either where the person resides or where the person was last assigned to a Minnesota corrections agent.

Sec. 4. Minnesota Statutes 1996, section 244.05, subdivision 7, is amended to read:

Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] Before the commissioner releases from prison any inmate convicted under sections 609.342 to 609.345 or sentenced as a patterned offender under section 609.1352, and determined by the commissioner to be in a high risk category, the commissioner shall make a preliminary determination whether, in the commissioner's opinion, a petition under section 253B.185 may be appropriate. If the commissioner determines that a petition may be appropriate, the commissioner shall forward this determination, along with a summary of the reasons for the determination, to the county attorney in the county where the inmate was convicted no later than six months but, if practicable, 12 months before the inmate's release date. If the inmate is received for incarceration with fewer than 12 months remaining in the inmate's term of imprisonment, the commissioner shall forward the determination as soon as is practicable. Upon receiving the commissioner's preliminary determination, the county attorney shall proceed in the manner provided in section 253B.185. The commissioner shall release to the county attorney all requested documentation maintained by the department.

Sec. 5. Minnesota Statutes 1996, section 609.341, subdivision 11, is amended to read:

Subd. 11. (a) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to (l), includes any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, and committed with sexual or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts, or

(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate parts effected by a person in a position of authority, or by coercion or the use of a position of authority, or by inducement if the complainant is under 13 years of age or mentally impaired, or

(iii) the touching by another of the complainant's intimate parts effected by coercion or the use of a position of authority or by a person in a position of authority, or

(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts committed with sexual or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts;

(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate parts;

(iii) the touching by another of the complainant's intimate parts; or

(iv) in any of the cases listed above, touching of the clothing covering the immediate area of the intimate parts.

(c) "Sexual contact with a person under 13" means the intentional touching of the complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.

Sec. 6. Minnesota Statutes 1996, section 609.341, subdivision 12, is amended to read:

Subd. 12. "Sexual penetration" means any of the following acts committed without the complainant's consent, except in those cases where consent is not a defense, whether or not emission of semen occurs:

(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or

(2) any intrusion however slight into the genital or anal openings:

(i) of the complainant's body by any part of the actor's body or any object used by the actor for this purpose;

(ii) of the complainant's body by any part of the body of the complainant, by any part of the body of another person, or by any object used by the complainant or another person for this purpose, when effected by a person in a position of authority, or by coercion or the use of a position of authority, or by inducement if the child is under 13 years of age or mentally impaired; or

(iii) of the body of the actor or another person by any part of the body of the complainant or by any object used by the complainant for this purpose, when effected by a person in a position of authority, or by coercion or the use of a position of authority, or by inducement if the child is under 13 years of age or mentally impaired.

Sec. 7. Minnesota Statutes 1996, section 609.342, subdivision 1, is amended to read:

Subdivision 1. [CRIME DEFINED.] A person who engages in sexual penetration with another person, or in sexual contact with a person under 13 years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(b) the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant, and uses this authority to cause the complainant to submit. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:

(i) the actor uses force or coercion to accomplish sexual penetration; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.

Sec. 8. Minnesota Statutes 1996, section 609.343, subdivision 1, is amended to read:

Subdivision 1. [CRIME DEFINED.] A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant, and uses this authority to cause the complainant to submit. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another;

(d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit;

(e) the actor causes personal injury to the complainant, and either of the following circumstances exist:

(i) the actor uses force or coercion to accomplish the sexual contact; or

(f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists:

(i) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit;

(g) the actor has a significant relationship to the complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense.

Sec. 9. Minnesota Statutes 1996, section 609.344, subdivision 1, is amended to read:

Subdivision 1. [CRIME DEFINED.] A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor believes the complainant to be 16 years of age or older. If the actor in such a case is no more than 48 months but more than 24 months older than the complainant, the actor may be sentenced to imprisonment for not more than five years. Consent by the complainant is not a defense;

(c) the actor uses force or coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant, and uses this authority to cause or induce the complainant to submit. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and:

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual penetration occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual penetration occurred by means of therapeutic deception. Consent by the complainant is not a defense;

(k) the actor accomplishes the sexual penetration by means of deception or false representation that the penetration is for a bona fide medical purpose. Consent by the complainant is not a defense; or

(1) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and:

(i) the sexual penetration occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual penetration occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private.

Consent by the complainant is not a defense.

Sec. 10. Minnesota Statutes 1996, section 609.345, subdivision 1, is amended to read:

Subdivision 1. [CRIME DEFINED.] A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists:

(a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age or consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced;

(b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant and uses this authority to cause the complainant to submit. Consent by the complainant to the act is not a defense. In any such case, it shall be an affirmative defense which must be proved by a preponderance of the evidence that the actor believes the complainant to be 16 years of age or older;

(c) the actor uses force or coercion to accomplish the sexual contact;

(d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless;

(f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense;

(h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual contact occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists.

Consent by the complainant is not a defense;

(i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist;

(j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual contact occurred by means of therapeutic deception. Consent by the complainant is not a defense;

(k) the actor accomplishes the sexual contact by means of deception or false representation that the contact is for a bona fide medical purpose. Consent by the complainant is not a defense; or

(1) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and:

(i) the sexual contact occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or

(ii) the sexual contact occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private.

Consent by the complainant is not a defense.

Sec. 11. Minnesota Statutes 1996, section 609.3451, subdivision 3, is amended to read:

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

Sec. 12. Minnesota Statutes 1996, section 609.3461, subdivision 1, is amended to read:

Subdivision 1. [UPON SENTENCING.] The court shall order an offender to provide a biological specimen for the purpose of DNA analysis as defined in section 299C.155 when:

(2) the court sentences a person as a patterned sex offender under section 609.1352; or

(3) the juvenile court adjudicates a person a delinquent child who is the subject of a delinquency petition for violating or attempting to violate section 609.342, 609.343, 609.344, or 609.345, and the delinquency adjudication is based on a violation of one of those sections or of any offense arising out of the same set of circumstances. The biological specimen or the results of the analysis shall be maintained by the bureau of criminal apprehension as provided in section 299C.155.

Sec. 13. Minnesota Statutes 1996, section 609.3461, subdivision 2, is amended to read:

Subd. 2. [BEFORE RELEASE.] If a person convicted of violating or attempting to violate section 609.185, clause (2), 609.342, 609.343, 609.344, or 609.345, or 617.23, subdivision 3, clause (2), or initially charged with violating one of those sections and convicted of another offense arising out of the same set of circumstances, or sentenced as a patterned sex offender under section 609.1352, and committed to the custody of the commissioner of corrections, or serving a term of imprisonment in this state under a reciprocal agreement although convicted in another state of an offense described in this subdivision or a similar law of the United States or any other state, has not provided a biological specimen for the purpose of DNA analysis, the commissioner of corrections or local corrections authority shall order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment. The commissioner of corrections or local corrections authority shall forward the sample to the bureau of criminal apprehension.

Sec. 14. Minnesota Statutes 1996, section 617.23, is amended to read:

617.23 [INDECENT EXPOSURE; PENALTIES.]

(a) Subdivision 1. [MISDEMEANOR.] A person is guilty of a misdemeanor who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor:

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

(2) procures another to expose private parts; or

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

(b) Subd. 2. [GROSS MISDEMEANOR.] A person who commits any of the following acts is guilty of a gross misdemeanor if:

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

(2) the person violates this section subdivision 1 after having been previously convicted of violating this section subdivision 1, sections 609.342 to 609.3451, or a statute from another state in conformity with any of those sections.

(c) Subd. 3. [FELONY.] A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:

(1) the person violates paragraph (b) subdivision 2, clause (1), after having been previously convicted of or adjudicated delinquent for violating paragraph (b) subdivision 2, clause (1); section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity with paragraph (b) subdivision 2, clause (1), or section 609.3451, subdivision 1, clause (2).; or

(2) the person commits a violation of subdivision 1, clause (1), in the presence of another person while intentionally confining that person or otherwise intentionally restricting that person's freedom to move.

Sec. 15. [EFFECTIVE DATES.]

Section 1. Minnesota Statutes 1996, section 152.01, subdivision 16a, is amended to read:

Subd. 16a. [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.] "Subsequent controlled substance conviction" means that before commission of the offense for which the person is convicted under this chapter, the person received a disposition under section 152.18, subdivision 1, or the person was convicted in Minnesota of a felony violation of this chapter or a felony-level attempt or conspiracy to violate this chapter, or convicted elsewhere for conduct that would have been a felony under this chapter if committed in Minnesota. An earlier conviction, as defined in this subdivision, is not relevant if ten years have elapsed since: (1) the person was restored to civil rights; or (2) the sentence has expired, whichever occurs first.

Sec. 2. Minnesota Statutes 1996, section 152.021, as amended by Laws 1997, chapter 239, article 4, sections 5 and 6, is amended to read:

152.021 [CONTROLLED SUBSTANCE CRIME IN THE FIRST DEGREE.]

Subdivision 1. [MANUFACTURE CRIMES.] A person is guilty of controlled substance crime in the first degree if the person manufactures any amount of methamphetamine.

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

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

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

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

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

Subd. 2. 3. [POSSESSION CRIMES.] A person is guilty of a controlled substance crime in the first degree if:

(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or, heroin, or methamphetamine;

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

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

Subd. 3. 4. [PENALTY.] (a) A person convicted under subdivision 1 or 2 to 3 may be sentenced to imprisonment for not more than 30 years or to payment of a fine of not more than $1,000,000, or both.

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

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

Sec. 3. Minnesota Statutes 1996, section 152.022, as amended by Laws 1997, chapter 239, article 4, sections 7 and 8, is amended to read:

152.022 [CONTROLLED SUBSTANCE CRIME IN THE SECOND DEGREE.]

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

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

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

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

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

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

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

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

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

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

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

(1) the person unlawfully possesses one or more mixtures of a total weight of six grams or more containing cocaine or, heroin, or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine or, heroin, or methamphetamine;

(3) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing methamphetamine, amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or

Subd. 3. [PENALTY.] (a) A person convicted under subdivision 1 or 2 may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $500,000, or both.

(b) If the conviction is a subsequent controlled substance conviction, a person convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections for not less than three years nor more than 40 years and, in addition, may be sentenced to payment of a fine of not more than $500,000.

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

Sec. 4. Minnesota Statutes 1996, section 152.0261, is amended by adding a subdivision to read:

Subd. 1a. [USE OF PERSON UNDER 18 TO IMPORT.] A person who conspires with or employs a person under the age of 18 to cross a state or international border into Minnesota while that person or the person under the age of 18 is in possession of an amount of a controlled substance that constitutes a controlled substance crime under sections 152.021 to 152.025, with the intent to obstruct the criminal justice process, is guilty of importing controlled substances and may be sentenced as provided in subdivision 3.

Sec. 5. Minnesota Statutes 1996, section 152.096, subdivision 1, is amended to read:

Subdivision 1. [PROHIBITED ACTS; PENALTIES.] Any person who attempts or conspires to commit any act prohibited by this chapter, except possession or distribution for no remuneration of a small amount of marijuana as defined in section 152.01, subdivision 16, is guilty of a felony and upon conviction may be imprisoned, fined, or both, up to the maximum amount authorized by law for the act the person attempted or conspired to commit.

Sec. 6. [152.135] [RESTRICTIONS ON SALES, MARKETING, AND POSSESSION OF EPHEDRINE.]

Subdivision 1. [PRESCRIPTION STATUS FOR EPHEDRINE.] Except as provided in this section, a material, compound, mixture, or preparation that contains any quantity of ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine, may be dispensed only upon the prescription of a duly licensed practitioner authorized by the laws of the state to prescribe prescription drugs.

Subd. 2. [EXCEPTIONS.] (a) A drug product containing ephedrine, its salts, optical isomers, and salts of optical isomers is exempt from subdivision 1 if the drug product:

(1) may be lawfully sold over the counter without a prescription under the federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 321, et seq.;

(2) is labeled and marketed in a manner consistent with the pertinent OTC Tentative Final or Final Monograph;

(3) is manufactured and distributed for legitimate medicinal use in a manner that reduces or eliminates the likelihood of abuse;

(4) is not marketed, advertised, or labeled for the indication of stimulation, mental alertness, weight loss, muscle enhancement, appetite control, or energy; and

(5) is in solid oral dosage forms, including soft gelatin caplets, that combine 400 milligrams of guaifenesin and 25 milligrams of ephedrine per dose, according to label instructions; or is an anorectal preparation containing not more than five percent ephedrine.

Subd. 3. [MISMARKETING OF EPHEDRINE PROHIBITED.] The marketing, advertising, or labeling of a product containing ephedrine, a salt of ephedrine, an optical isomer of ephedrine, or a salt of an optical isomer of ephedrine for the indication of stimulation, mental alertness, weight loss, appetite control, or energy, is prohibited. In determining compliance with this subdivision, the following factors may be considered:

(1) the packaging of the drug product;

(2) the name and labeling of the product;

(3) the manner of distribution, advertising, and promotion of the product;

(4) verbal representations made concerning the product; and

(5) the duration, scope, and significance of abuse or misuse of the product.

Subd. 4. [POSSESSION FOR ILLICIT PURPOSES PROHIBITED.] It is unlawful for a person to possess ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers with the intent to use the product as a precursor to an illegal substance.

Subd. 5. [SALES FOR ILLICIT PURPOSES PROHIBITED.] It is unlawful for a person to sell, distribute, or otherwise make available a product containing ephedrine, pseudoephedrine, or phenylpropanolamine or their salts, optical isomers, or salts of optical isomers if the person knows or reasonably should know that the product will be used as a precursor to an illegal substance.

Subd. 6. [PENALTY.] A person who violates this section is guilty of a misdemeanor.

Sec. 7. Laws 1997, chapter 239, article 4, section 15, is amended to read:

Sec. 15. [EFFECTIVE DATE.]

The provision of section 4 relating to the listing of Butorphanol in schedule IV is effective August 1, 1998, and applies to acts committed on or after that date. The provision of section 4 relating to the listing of Carisoprodol in schedule IV is effective August 1, 1999, and applies to acts committed on or after that date. Sections 1 to 3 and 5 to 13 are effective August 1, 1997, and apply to acts committed on or after that date. Section 14 is effective the day following final enactment.

Sec. 8. [EFFECTIVE DATE.]

Sections 1, 4, 6, and 7 are effective August 1, 1998, and apply to offenses committed on or after that date. Sections 2, 3, and 5 are effective the day following final enactment and apply to offenses committed on or after that date.

Section 1. Minnesota Statutes 1997 Supplement, section 518B.01, subdivision 14, is amended to read:

Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A person who violates an order for protection issued under this section by a judge or referee is subject to the penalties provided in paragraphs (b) to (d).

(c) A person is guilty of a gross misdemeanor who knowingly violates this subdivision during the time period between a previous conviction under this subdivision; sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state, the District of Columbia, tribal lands, or United States territories; and the end of the five years following discharge from sentence for that conviction. Upon a gross misdemeanor conviction under this paragraph, 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.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the person knowingly violates this subdivision:

(1) during the time period between the first of two or more previous convictions under this section or sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state, the District of Columbia, tribal lands, or United States territories; and the end of the five years following discharge from sentence for that conviction; or

(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.

Upon a felony conviction under this paragraph in which the court stays imposition or execution of sentence, the court shall impose at least a 30-day period of incarceration as a condition of probation. The court also shall order that the defendant 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 felony convictions.

(e) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order granted pursuant to this section or a similar law of another state, the District of Columbia, tribal lands, or United States territories 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.

(f) 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.

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

(i) 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 (e).

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

(k) Except as otherwise provided in paragraph (j), when a person is convicted under paragraph (b) or (c) of violating an order for protection, 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.

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

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

Sec. 2. Minnesota Statutes 1997 Supplement, section 609.2244, subdivision 1, is amended to read:

Subdivision 1. [INVESTIGATION.] A presentence domestic abuse investigation must be conducted and a report submitted to the court by the corrections agency responsible for conducting the investigation when:

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

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

(3) a defendant is convicted of a violation against a family or household member of: (a) an order for protection under section 518B.01; (b) a harassment restraining order under section 609.748; (c) section 609.79, subdivision 1; or (d) section 609.713, subdivision 1.

Sec. 3. Minnesota Statutes 1996, section 609.748, subdivision 3, is amended to read:

Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A petition for relief must allege facts sufficient to show the following:

(2) the name of the respondent; and

(3) that the respondent has engaged in harassment.

The petition shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought. The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section and shall advise the petitioner of the right to sue in forma pauperis under section 563.01. Upon receipt of the petition, the court shall order a hearing, which must be held not later than 14 days from the date of the order. Personal service must be made upon the respondent not less than five days before the hearing. If personal service cannot be completed in time to give the respondent the minimum notice required under this paragraph, the court may set a new hearing date.

(b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued under subdivision 4 may be served on the respondent by means of a one-week published notice under section 645.11, if:

(1) the petitioner files an affidavit with the court stating that an attempt at personal service made by a sheriff was unsuccessful because the respondent is avoiding service by concealment or otherwise; and

(2) a copy of the petition and order for hearing and any temporary restraining order has been mailed to the respondent at the respondent's residence or place of business, if the respondent is an organization, or the respondent's residence or place of business is not known to the petitioner.

(c) Regardless of the method of service, if the respondent is a juvenile, whenever possible, the court also shall have notice of the pendency of the case and of the time and place of the hearing served by mail at the last known address upon any parent or guardian of the juvenile respondent who is not the petitioner.

Sec. 4. Minnesota Statutes 1996, section 609.748, subdivision 4, is amended to read:

Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person or to have no contact with that person if the petitioner files a petition in compliance with subdivision 3 and if the court finds reasonable grounds to believe that the respondent has engaged in harassment.

(b) Notice need not be given to the respondent before the court issues a temporary restraining order under this subdivision. A copy of the restraining order must be served on the respondent along with the order for hearing and petition, as provided in subdivision 3. If the respondent is a juvenile, whenever possible, a copy of the restraining order, along with notice of the pendency of the case and the time and place of the hearing, shall also be served by mail at the last known address upon any parent or guardian of the juvenile respondent who is not the petitioner. A temporary restraining order may be entered only against the respondent named in the petition.

(c) The temporary restraining order is in effect until a hearing is held on the issuance of a restraining order under subdivision 5. The court shall hold the hearing on the issuance of a restraining order within 14 days after the temporary restraining order is issued unless (1) the time period is extended upon written consent of the parties; or (2) the time period is extended by the court for one additional 14-day period upon a showing that the respondent has not been served with a copy of the temporary restraining order despite the exercise of due diligence or if service is made by published notice under subdivision 3 and the petitioner files the affidavit required under that subdivision.

Sec. 5. Minnesota Statutes 1996, section 634.20, is amended to read:

634.20 [EVIDENCE OF PRIOR CONDUCT.]

Evidence of similar prior conduct by the accused against the victim of domestic abuse, as defined under section 518B.01, subdivision 2, including evidence of a violation against a family or household member of:

(2) section 609.713, subdivision 1;

(3) a harassment restraining order under section 609.748; or

(4) section 609.79, subdivision 1;

is admissible unless the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issue, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Sec. 6. Laws 1997, chapter 239, article 10, section 19, is amended to read:

Sec. 19. [VIOLATION OF AN ORDER FOR PROTECTION/MINOR RESPONDENT; PENALTIES.]

Subdivision 1. [AFFIDAVIT; ORDER TO SHOW CAUSE.] The petitioner, a peace officer, or an interested party designated by the court may file an affidavit with the court alleging that a minor respondent has violated an order for protection/minor respondent under sections 2 to 26. The court may order the minor respondent to appear and show cause within 14 days why the minor respondent should not be found in contempt of court and punished for the contempt. The court may also order the minor to participate in counseling or other appropriate programs selected by the court. The hearing may be held by the court in any county in which the petitioner or minor respondent temporarily or permanently resides at the time of the alleged violation. or in the county in which the alleged violation occurred, if the petitioner and respondent do not reside in this state. The court also shall refer the violation of the order for protection/minor respondent to the county attorney for possible prosecution under subdivision 1a, paragraph (b), (c), or (d), or if the respondent is an adult at the time of the alleged violation, to the appropriate prosecuting authority for possible prosecution under Minnesota Statutes, chapter 518B.

Subd. 1a. [PENALTIES.] (a) A person who violates an order for protection/minor respondent issued under this section is subject to the penalties provided in paragraphs (b) to (d), except that if the respondent or person to be restrained is over the age of 18 at the time of the violation, Minnesota Statutes, section 518B.01, subdivision 14, shall apply. If the respondent is still a minor at the time of the violation, the laws relating to delinquency prosecution and disposition in juvenile court shall apply, consistent with this section and notwithstanding the provisions of Minnesota Statutes, section 260.015, subdivision 21.

(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for protection/minor respondent is granted under this section or a similar law of another state, and the respondent or person to be restrained knows of the order, violation of the order for protection/minor respondent is a misdemeanor. Upon a misdemeanor adjudication of delinquency, the respondent must be ordered to participate in counseling or other appropriate programs selected by the court. A violation of an order for protection/minor respondent shall also constitute contempt of court and be subject to the penalties provided in Minnesota Statutes, chapter 588.

(c) A person is guilty of a gross misdemeanor who knowingly violates this subdivision during the time period between a previous adjudication of delinquency under this subdivision; Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state; and the end of the five years following discharge from sentence for that adjudication of delinquency. Upon a gross misdemeanor adjudication of delinquency under this paragraph, the respondent must be ordered to participate in counseling or other appropriate programs selected by the court.

(d) A person is guilty of a felony if the person knowingly violates this subdivision:

(1) during the time period between the first of two or more previous adjudications of delinquency under this section or Minnesota Statutes, sections 609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or a similar law of another state; and the end of the five years following discharge from sentence for that adjudication of delinquency; or

(2) while possessing a dangerous weapon, as defined in Minnesota Statutes, section 609.02, subdivision 6.

(e) 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 under this section, Minnesota Statutes, chapter 518B, or a similar law of another state restraining the person or excluding the person from the residence or the petitioner's place of employment, even if the violation of the order did not take place in the presence of the peace officer, if the existence of the order can be verified by the officer. The person shall be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by a judge or judicial officer. A peace officer acting in good faith and exercising due care in making an arrest pursuant to this paragraph is immune from civil liability that might result from the officer's actions. A peace officer is not liable under Minnesota Statutes, section 609.43, clause (1), for a failure to perform a duty required by this paragraph.

(f) If the court finds that the respondent has violated an order for protection/minor respondent 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.

Subd. 2. [EXTENSION OF PROTECTION ORDER.] If it is alleged that a minor respondent has violated an order for protection/minor respondent issued under sections 2 to 26 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/minor respondent based solely on the minor respondent's alleged violation of the prior order, to be effective until the hearing on the alleged violation of the prior order. The relief granted in the new order for protection/minor respondent must be extended for a fixed period, not to exceed one year, except when the court determines a longer fixed period is appropriate.

Subd. 3. [ADMITTANCE INTO DWELLING.] Admittance into the petitioner's dwelling of an abusing party excluded from the dwelling under an order for protection/minor respondent is not a violation by the petitioner of the order.

Subd. 4. [POSSESSION OF FIREARM.] (a) When a person is adjudicated delinquent under subdivision 1a, paragraph (b), (c), or (d), of violating an order for protection/minor respondent and the court determines that the person used a firearm in any way during commission of the violation, the court may order that the person is prohibited from possessing any type of firearm for any period longer than three years or for the remainder of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor. At the time of the adjudication of delinquency, the court shall inform the respondent whether and for how long the respondent 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 respondent does not affect the applicability of the firearm possession prohibition or the gross misdemeanor penalty to that respondent.

(b) Except as otherwise provided in paragraph (a), when a person is adjudicated delinquent under subdivision 1a, paragraph (b), (c), or (d), of violating an order for protection/minor respondent, the court shall inform the respondent that the respondent is prohibited from possessing a pistol for three years from the date of adjudication of delinquency and that it is a gross misdemeanor offense to violate this prohibition. The failure of the court to provide this information to a respondent does not affect the applicability of the pistol possession prohibition or the gross misdemeanor penalty to that respondent.

(c) Except as otherwise provided in paragraph (a), a person is not entitled to possess a pistol if the person has been adjudicated delinquent under subdivision 1a, paragraph (b), (c), or (d), of violating an order for protection/minor respondent, unless three years have elapsed from the date of adjudication of delinquency and, during that time, the person has not been adjudicated delinquent or convicted of any other violation of this section or Minnesota Statutes, chapter 518B. 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. 7. Laws 1997, chapter 239, article 10, section 1, is amended to read:

Section 1. [PILOT PROGRAM.]

Actions under sections 2 to 26 are limited to a pilot program in the 4th judicial district for the period June 1, 1998, through July 31, 1999 2000. At the conclusion of the pilot period, the 4th judicial district shall report to the legislature on the number of petitions filed under sections 2 to 26, the relationship of the parties, and the disposition of each petition.

Sec. 8. [EFFECTIVE DATE.]

Sections 1 and 2 are effective August 1, 1998, and apply to crimes committed on or after that date. Sections 3, 4, 6, and 7 are effective June 1, 1998, and apply to offenses committed on or after that date.

Section 1. Minnesota Statutes 1996, section 244.05, subdivision 4, is amended to read:

Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate serving a mandatory life sentence under section 609.184 must not be given supervised release under this section. An inmate serving a mandatory life sentence under section 609.185, clause (1), (3), (5), or (6); 609.1095, subdivision 4; or 609.346, subdivision 2a, must not be given supervised release under this section without having served a minimum term of 30 years. An inmate serving a mandatory life sentence under section 609.385 must not be given supervised release under this section without having served a minimum term of imprisonment of 17 years.

Sec. 2. Minnesota Statutes 1996, section 244.05, subdivision 5, is amended to read:

Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The commissioner of corrections may, under rules promulgated by the commissioner, give supervised release to an inmate serving a mandatory life sentence under section 609.185, clause (1), (3), (5), or (6); 609.1095, subdivision 4; 609.346, subdivision 2a; or 609.385 after the inmate has served the minimum term of imprisonment specified in subdivision 4.

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

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

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

Sec. 3. Minnesota Statutes 1996, section 609.01, subdivision 1, is amended to read:

Subdivision 1. [PURPOSES.] This chapter may be cited as the criminal code of 1963. Its provisions shall be construed according to the fair import of its terms, to promote justice, and to effect its purposes which are declared to be:

(2) to protect the individual against the misuse of the criminal law by fairly defining the acts and omissions prohibited, authorizing sentences reasonably related to the conduct and character of the convicted person, and prescribing fair and reasonable postconviction procedures; and

(3) to authorize concurrent sentences of incarceration in a correctional facility for offenses involving separate victims or behavioral incidents only when the sentencing court finds good cause, based on substantial and compelling reasons, for concurrent sentencing.

Sec. 4. Minnesota Statutes 1996, section 609.095, is amended to read:

609.095 [LIMITS OF SENTENCES.]

(a) The legislature has the exclusive authority to define crimes and offenses and the range of the sentences or punishments for their violation. No other or different sentence or punishment shall be imposed for the commission of a crime than is authorized by this chapter or other applicable law.

(b) Except as provided in section 152.18 or upon agreement of the parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found guilty by a court or jury following a trial.

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.

Sec. 5. [LEGISLATIVE PURPOSE.]

Sections 6 to 10 recodify and clarify current laws relating to increased sentences for certain dangerous or repeat offenders in order to group them together near the beginning of the criminal code. This recodification aims to unify these various increased sentence provisions to facilitate their use and is not intended to result in any substantive change in the recodified sections.

Sec. 6. [609.106] [HEINOUS CRIMES.]

Subdivision 1. [TERMS.] (a) A "heinous crime" is:

(1) a violation or attempted violation of section 609.185 or 609.19;

(2) a violation of section 609.195 or 609.221; or

(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed with force or violence.

(b) "Previous conviction" means a conviction in Minnesota for a heinous crime or a conviction elsewhere for conduct that would have been a heinous crime under this chapter if committed in Minnesota. The term includes any conviction that occurred before the commission of the present offense of conviction, but does not include a conviction if 15 years have elapsed since the person was discharged from the sentence imposed for the offense.

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

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

Sec. 7. [609.107] [MANDATORY PENALTY FOR CERTAIN MURDERERS.]

When a person is convicted of violating section 609.19 or 609.195, the court shall sentence the person to the statutory maximum sentence for the offense if the person was previously convicted of a heinous crime as defined in section 609.106 and 15 years have not elapsed since the person was discharged from the sentence imposed for that conviction. The court may not stay the imposition or execution of the sentence, notwithstanding section 609.135.

Sec. 8. [609.108] [MANDATORY INCREASED SENTENCES FOR CERTAIN PATTERNED AND PREDATORY SEX OFFENDERS; NO PRIOR CONVICTION REQUIRED.]

Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court shall commit a person to the commissioner of corrections for a period of time that is not less than double the presumptive sentence under the sentencing guidelines and not more than the statutory maximum, or if the statutory maximum is less than double the presumptive sentence, for a period of time that is equal to the statutory maximum, if:

(1) the court is imposing an executed sentence, based on a sentencing guidelines presumptive imprisonment sentence or a dispositional departure for aggravating circumstances or a mandatory minimum sentence, on a person convicted of committing or attempting to commit a violation of section 609.342, 609.343, 609.344, or 609.345, or on a person convicted of committing or attempting to commit any other crime listed in subdivision 2 if it reasonably appears to the court that the crime was motivated by the offender's sexual impulses or was part of a predatory pattern of behavior that had criminal sexual conduct as its goal;

(2) the court finds that the offender is a danger to public safety; and

(3) the court finds that the offender needs long-term treatment or supervision beyond the presumptive term of imprisonment and supervised release. The finding must be based on a professional assessment by an examiner experienced in evaluating sex offenders that concludes that the offender is a patterned sex offender. The assessment must contain the facts upon which the conclusion is based, with reference to the offense history of the offender or the severity of the current offense, the social history of the offender, and the results of an examination of the offender's mental status unless the offender refuses to be examined. The conclusion may not be based on testing alone. A patterned sex offender is one whose criminal sexual behavior is so engrained that the risk of reoffending is great without intensive psychotherapeutic intervention or other long-term controls.

(b) The court shall consider imposing a sentence under this section whenever a person is convicted of violating section 609.342 or 609.343.

Subd. 2. [INCREASED STATUTORY MAXIMUM.] If the factfinder determines, at the time of the trial or the guilty plea, that a predatory offense was motivated by, committed in the course of, or committed in furtherance of sexual contact or penetration, as defined in section 609.341, and the court is imposing a sentence under subdivision 1, the statutory maximum imprisonment penalty for the offense is 40 years, notwithstanding the statutory maximum imprisonment penalty otherwise provided for the offense.

Subd. 3. [PREDATORY CRIME.] A predatory crime is a felony violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, or 609.582, subdivision 1.

Subd. 4. [DANGER TO PUBLIC SAFETY.] The court shall base its finding that the offender is a danger to public safety on any of the following factors:

(2) the offender previously committed or attempted to commit a predatory crime or a violation of section 609.224 or 609.2242, including:

(i) an offense committed as a juvenile that would have been a predatory crime or a violation of section 609.224 or 609.2242 if committed by an adult; or

(ii) a violation or attempted violation of a similar law of any other state or the United States; or

(3) the offender planned or prepared for the crime prior to its commission.

Subd. 5. [DEPARTURE FROM GUIDELINES.] A sentence imposed under subdivision 1 is a departure from the sentencing guidelines.

Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing under subdivision 1, the court shall provide that after the offender has completed the sentence imposed, less any good time earned by an offender whose crime was committed before August 1, 1993, the commissioner of corrections shall place the offender on conditional release for the remainder of the statutory maximum period, or for ten years, whichever is longer.

The conditions of release may include successful completion of treatment and aftercare in a program approved by the commissioner, satisfaction of the release conditions specified in section 244.05, subdivision 6, and any other conditions the commissioner considers appropriate. Before the offender is released, the commissioner shall notify the sentencing court, the prosecutor in the jurisdiction where the offender was sentenced, and the victim of the offender's crime, where available, of the terms of the offender's conditional release. If the offender fails to meet any condition of release, the commissioner may revoke the offender's conditional release and order that the offender serve all or a part of the remaining portion of the conditional release term in prison. The commissioner shall not dismiss the offender from supervision before the conditional release term expires.

Conditional release granted under this subdivision is governed by provisions relating to supervised release, except as otherwise provided in this subdivision, section 244.04, subdivision 1, or 244.05.

Subd. 7. [COMMISSIONER OF CORRECTIONS.] The commissioner shall pay the cost of treatment of a person released under subdivision 5. This section does not require the commissioner to accept or retain an offender in a treatment program.

Sec. 9. [609.109] [PRESUMPTIVE AND MANDATORY SENTENCES FOR REPEAT SEX OFFENDERS.]

Subdivision 1. [DEFINITION; CONVICTION OF OFFENSE.] For purposes of this section, "offense" means a completed offense or an attempt to commit an offense.

Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] Except as provided in subdivision 3 or 4, if a person is convicted under sections 609.342 to 609.345, within 15 years of a previous sex offense conviction, the court shall commit the defendant to the commissioner of corrections for not less than three years, nor more than the maximum sentence provided by law for the offense for which convicted, notwithstanding the provisions of sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of the sentence imposed under this subdivision only if it finds that a professional assessment indicates the offender is accepted by and can respond to treatment at a long-term inpatient program exclusively treating sex offenders and approved by the commissioner of corrections. If the court stays the execution of a sentence, it shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete the treatment program and aftercare as directed by the court.

Subd. 3. [MANDATORY LIFE SENTENCE.] (a) The court shall sentence a person to imprisonment for life, notwithstanding the statutory maximum sentence under section 609.342, if:

(2) the person is convicted under section 609.342; and

(3) the court determines on the record at the time of sentencing that any of the following circumstances exists:

(i) the person has previously been sentenced under section 609.1095;

(ii) the person has one previous sex offense conviction for a violation of section 609.342, 609.343, or 609.344 that occurred before August 1, 1989, for which the person was sentenced to prison in an upward durational departure from the sentencing guidelines that resulted in a sentence at least twice as long as the presumptive sentence; or

(iii) the person has two previous sex offense convictions under section 609.342, 609.343, or 609.344.

(b) Notwithstanding subdivision 2 and section 609.342, subdivision 3, the court may not stay imposition of the sentence required by this subdivision.

Subd. 4. [MANDATORY 30-YEAR SENTENCE.] (a) The court shall commit a person to the commissioner of corrections for not less than 30 years, notwithstanding the statutory maximum sentence under section 609.343, if:

(1) the person is convicted under section 609.342, subdivision 1, clause (c), (d), (e), or (f); or 609.343, subdivision 1, clause (c), (d), (e), or (f); and

(2) the court determines on the record at the time of sentencing that:

(i) the crime involved an aggravating factor that would provide grounds for an upward departure under the sentencing guidelines other than the aggravating factor applicable to repeat criminal sexual conduct convictions; and

(ii) the person has a previous sex offense conviction under section 609.342, 609.343, or 609.344.

(b) Notwithstanding subdivision 2 and sections 609.342, subdivision 3; and 609.343, subdivision 3, the court may not stay imposition or execution of the sentence required by this subdivision.

Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the purposes of this section, a conviction is considered a previous sex offense conviction if the person was convicted of a sex offense before the commission of the present offense of conviction. A person has two previous sex offense convictions only if the person was convicted and sentenced for a sex offense committed after the person was earlier convicted and sentenced for a sex offense, both convictions preceded the commission of the present offense of conviction, and 15 years have not elapsed since the person was discharged from the sentence imposed for the second conviction. A "sex offense" is a violation of sections 609.342 to 609.345 or any similar statute of the United States, this state, or any other state.

Subd. 6. [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court shall sentence a person to at least twice the presumptive sentence recommended by the sentencing guidelines if:

(1) the person is convicted under section 609.342, subdivision 1, clause (c), (d), (e), or (f); 609.343, subdivision 1, clause (c), (d), (e), or (f); or 609.344, subdivision 1, clause (c) or (d); and

(2) the court determines on the record at the time of sentencing that the crime involved an aggravating factor that would provide grounds for an upward departure under the sentencing guidelines.

(b) The conditions of release may include successful completion of treatment and aftercare in a program approved by the commissioner, satisfaction of the release conditions specified in section 244.05, subdivision 6, and any other conditions the commissioner considers appropriate. If the offender fails to meet any condition of release, the commissioner may revoke the offender's conditional release and order that the offender serve the remaining portion of the conditional release term in prison. The commissioner shall not dismiss the offender from supervision before the conditional release term expires.

Conditional release under this subdivision is governed by provisions relating to supervised release, except as otherwise provided in this subdivision, section 244.04, subdivision 1, or 244.05.

(c) The commissioner shall pay the cost of treatment of a person released under this subdivision. This section does not require the commissioner to accept or retain an offender in a treatment program.

Sec. 10. [609.1095] [INCREASED SENTENCES FOR CERTAIN DANGEROUS AND REPEAT FELONY OFFENDERS.]

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

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

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

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

Subd. 2. [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO COMMITS A SECOND VIOLENT CRIME.] Whenever a person is convicted of a violent crime that is a felony, and the judge is imposing an executed sentence based on a sentencing guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational departure from the presumptive imprisonment sentence up to the statutory maximum sentence if the offender was at least 18 years old at the time the felony was committed, and:

(1) the court determines on the record at the time of sentencing that the offender has one or more prior convictions for violent crimes; and

(2) the court finds that the offender is a danger to public safety and specifies on the record the basis for the finding, which may include:

(i) the offender's past criminal behavior, such as the offender's high frequency rate of criminal activity or juvenile adjudications, or long involvement in criminal activity including juvenile adjudications; or

(ii) the fact that the present offense of conviction involved an aggravating factor that would justify a durational departure under the sentencing guidelines.

of whether the guidelines presume an executed prison sentence. Any person convicted and sentenced as required by this subdivision is not eligible for probation, parole, discharge, or work release, until that person has served the full term of imprisonment as provided by law, notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

(b) For purposes of this subdivision, "violent crime" does not include a violation of section 152.023 or 152.024.

Subd. 4. [THIRD VIOLENT FELONY; LIFE SENTENCE.] (a) A person who is convicted of a violent crime that is a felony must be sentenced to imprisonment for life, notwithstanding the statutory maximum sentence otherwise applicable to the offense, if the court determines on the record at the time of sentencing that the person has two or more prior felony convictions for violent crimes. The court may waive the mandatory life imprisonment penalty and sentence the person as provided in subdivision 3 if the court finds, on the record, substantial and compelling mitigating reasons for doing so.

(b) For purposes of this subdivision, "violent crime" does not include a violation of section 152.023, 152.024, 609.223, 609.255, 609.562, or 609.687.

Subd. 5. [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A THIRD FELONY.] Whenever a person is convicted of a felony, and the judge is imposing an executed sentence based on a sentencing guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational departure from the presumptive sentence up to the statutory maximum sentence if the judge finds and specifies on the record that the offender has two prior felony convictions and that the present offense is a felony that was committed as part of a pattern of criminal conduct.

Sec. 11. Minnesota Statutes 1996, section 609.135, is amended by adding a subdivision to read:

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

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

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

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

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

Sec. 12. Minnesota Statutes 1996, section 609.135, subdivision 7, is amended to read:

Subd. 7. [DEMAND OF EXECUTION OF SENTENCE.] An offender may not demand execution of sentence in lieu of a stay of imposition or execution of sentence if the offender will serve less than nine months at the state institution. This subdivision does not apply to an offender who will be serving the sentence consecutively or concurrently with a previously imposed executed felony sentence or in lieu of the tolling of a stay of sentence under subdivision 2a.

Sec. 13. Minnesota Statutes 1996, section 609.145, is amended by adding a subdivision to read:

Subd. 3. [CREDIT FOR CONCURRENT INCARCERATION.] (a) When a court sentences an offender to incarceration in a state or local correctional facility, the court shall:

(1) ensure that the record accurately reflects the amount of time the offender spent in custody relating solely to the offense or behavioral incident for which the sentence was imposed; and

(b) A court may not award credit against a sentence for any period of incarceration or imprisonment served in connection with any other behavioral incident or any incident involving a separate victim unless the court states reasons in writing or on the record that:

(1) specify the substantial and compelling circumstances justifying the credit or concurrent sentence; and

(2) demonstrate why the credit or a concurrent sentence is more appropriate or reasonable than a separate sentence.

Sec. 14. Minnesota Statutes 1997 Supplement, section 609.15, subdivision 1, is amended to read:

Subdivision 1. [CONCURRENT, CONSECUTIVE SENTENCES; SPECIFICATION REQUIREMENT.] (a) Except as provided in paragraph (c) (d), when separate sentences of incarceration in a local correctional facility or imprisonment in a state correctional facility are imposed on a defendant for two or more crimes, whether charged in a single indictment or information complaint or separately, or when a person who is under sentence of incarceration or imprisonment in this state is being sentenced to incarceration or imprisonment for another crime committed prior to or while subject to such former sentence, the court in the later sentence or sentences shall specify whether the sentences shall run concurrently or consecutively. The court shall make this specification at the time of sentencing or upon revocation of a stay of sentence. If the court does not so specify, the sentences shall run concurrently consecutively.

(b) The court may impose separate sentences of imprisonment on a defendant for two or more crimes and require the sentences to run consecutively when the defendant commits one or more additional crimes during the time between the defendant's being charged with one crime and the time of sentencing on that crime. If the court does not specify whether the sentences run concurrently or consecutively, the sentences shall run concurrently.

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

(c) (d) An inmate of a state prison who is convicted of committing an assault within the correctional facility is subject to the consecutive sentencing provisions of section 609.2232.

Sec. 15. Minnesota Statutes 1996, section 609.347, subdivision 1, is amended to read:

Subdivision 1. In a prosecution under sections 609.109 or 609.342 to 609.346 609.3451, the testimony of a victim need not be corroborated.

Sec. 16. Minnesota Statutes 1996, section 609.347, subdivision 2, is amended to read:

Subd. 2. In a prosecution under sections 609.109 or 609.342 to 609.346 609.3451, there is no need to show that the victim resisted the accused.

Sec. 17. Minnesota Statutes 1996, section 609.347, subdivision 3, is amended to read:

(a) When consent of the victim is a defense in the case, the following evidence is admissible:

(i) evidence of the victim's previous sexual conduct tending to establish a common scheme or plan of similar sexual conduct under circumstances similar to the case at issue. In order to find a common scheme or plan, the judge must find that the victim made prior allegations of sexual assault which were fabricated; and

(ii) evidence of the victim's previous sexual conduct with the accused.

(b) When the prosecution's case includes evidence of semen, pregnancy, or disease at the time of the incident or, in the case of pregnancy, between the time of the incident and trial, evidence of specific instances of the victim's previous sexual conduct is admissible solely to show the source of the semen, pregnancy, or disease.

Sec. 18. Minnesota Statutes 1996, section 609.347, subdivision 5, is amended to read:

Subd. 5. In a prosecution under sections 609.109 or 609.342 to 609.346 609.3451, the court shall not instruct the jury to the effect that:

(a) It may be inferred that a victim who has previously consented to sexual intercourse with persons other than the accused would be therefore more likely to consent to sexual intercourse again; or

(b) The victim's previous or subsequent sexual conduct in and of itself may be considered in determining the credibility of the victim; or

(c) Criminal sexual conduct is a crime easily charged by a victim but very difficult to disprove by an accused because of the heinous nature of the crime; or

(d) The jury should scrutinize the testimony of the victim any more closely than it should scrutinize the testimony of any witness in any felony prosecution.

Sec. 19. Minnesota Statutes 1996, section 609.347, subdivision 6, is amended to read:

Subd. 6. (a) In a prosecution under sections 609.109 or 609.342 to 609.346 609.3451 involving a psychotherapist and patient, evidence of the patient's personal or medical history is not admissible except when:

(1) the accused requests a hearing at least three business days prior to trial and makes an offer of proof of the relevancy of the history; and

(2) the court finds that the history is relevant and that the probative value of the history outweighs its prejudicial value.

(b) The court shall allow the admission only of specific information or examples of conduct of the victim that are determined by the court to be relevant. The court's order shall detail the information or conduct that is admissible and no other evidence of the history may be introduced.

(c) Violation of the terms of the order is grounds for mistrial but does not prevent the retrial of the accused.

Sec. 20. Minnesota Statutes 1996, section 609.348, is amended to read:

609.348 [MEDICAL PURPOSES; EXCLUSION.]

Sections 609.109 and 609.342 to 609.346 609.3451 do not apply to sexual penetration or sexual contact when done for a bona fide medical purpose.

Sec. 21. Minnesota Statutes 1996, section 631.045, is amended to read:

631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.]

the remainder of the trial upon a showing that closure is necessary to protect a witness or ensure fairness in the trial. The judge shall give the prosecutor, defendant and members of the public the opportunity to object to the closure before a closure order. The judge shall specify the reasons for closure in an order closing all or part of the trial. Upon closure the judge shall only admit persons who have a direct interest in the case.

Sec. 22. [DIRECTIVES TO SENTENCING GUIDELINES COMMISSION.]

(a) The sentencing guidelines commission is directed to amend section II.F of the Minnesota Sentencing Guidelines to make it consistent with Minnesota Statutes, section 609.15.

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

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

(2) the defendant, at the time of sentencing, is subject to a prior felony sentence, the imposition or execution of which was stayed.

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

Sec. 23. [REVISOR'S INSTRUCTION.]

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

Column A Column B Column C

171.3215, subd. 4 609.152 609.1095

241.67, subd. 3 609.1352 609.108

243.166 subd. 1 609.1352 609.108

244.04, subd. 1 609.1352 609.108

244.04, subd. 1 609.346 609.109

244.05, subd. 1 609.1352 609.108

244.05, subd. 3 609.1352 609.108

244.05, subd. 4 609.184 609.106

244.05, subd. 4 609.346 609.109

244.05, subd. 5 609.346 609.109

244.05, subd. 6 609.1352 609.108

244.05, subd. 7 609.1352 609.108

244.08, subd. 1 609.346 609.109

244.08, subd. 2 609.346 609.109

609.1351 609.1352 609.108

609.196 609.184 609.106

609.342, subd. 2 609.346 609.109

609.342, subd. 3 609.346 609.109

609.343, subd. 2 609.346 609.109

609.345, subd. 3 609.346 609.109

609.3461 subd. 1 609.1352 609.108

609.3461, subd. 2 609.1352 609.108

609.713, subd. 1 609.152 609.1095

611A.19, subd. 1 609.152 609.1095

Sec. 24. [REPEALER.]

Sec. 25. [EFFECTIVE DATE.]

Sections 1 to 24 are effective August 1, 1998, and apply to crimes committed on or after that date. The court shall consider convictions occurring before August 1, 1998, as prior convictions in sentencing offenders under section 10.

Section 1. Minnesota Statutes 1996, section 243.05, subdivision 1, is amended to read:

Subdivision 1. [CONDITIONAL RELEASE.] (a) The commissioner of corrections may parole any person sentenced to confinement in any state correctional facility for adults under the control of the commissioner of corrections, provided that:

(a) (1) no inmate serving a life sentence for committing murder before May 1, 1980, other than murder committed in violation of clause (1) of section 609.185 who has not been previously convicted of a felony shall be paroled without having served 20 years, less the diminution that would have been allowed for good conduct had the sentence been for 20 years;

(b) (2) no inmate serving a life sentence for committing murder before May 1, 1980, who has been previously convicted of a felony or though not previously convicted of a felony is serving a life sentence for murder in the first degree committed in violation of clause (1) of section 609.185 shall be paroled without having served 25 years, less the diminution which would have been allowed for good conduct had the sentence been for 25 years;

(c) (3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and

(d) (4) any new rule or policy or change of rule or policy adopted by the commissioner of corrections which has the effect of postponing eligibility for parole has prospective effect only and applies only with respect to persons committing offenses after the effective date of the new rule or policy or change.

(b) Upon being paroled and released, an inmate is and remains in the legal custody and under the control of the commissioner, subject at any time to be returned to a facility of the department of corrections established by law for the confinement or treatment of convicted persons and the parole rescinded by the commissioner.

(c) The written order of the commissioner of corrections, is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to retake and place in actual custody any person on parole or supervised release, but. In addition, when it appears necessary in order to prevent escape or enforce discipline, any state parole and probation agent or state correctional investigator may, without order of warrant, when it appears necessary in order to prevent escape or enforce discipline, take and detain a parolee or person on supervised release or work release and bring the person to the commissioner for action.

(d) The written order of the commissioner of corrections is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to retake and place in actual custody any person on probation under the supervision of the commissioner pursuant to section 609.135, but. Additionally, when it appears necessary in order to prevent escape or enforce discipline, any state parole and probation agent or state correctional investigator may, without an order, when it appears necessary in order to prevent escape or enforce discipline, retake and detain a probationer and bring the probationer before the court for further proceedings under section 609.14.

(e) The written order of the commissioner of corrections is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to detain any person on pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.

(g) Except as otherwise provided in subdivision 1b, in considering applications for conditional release or discharge, the commissioner is not required to hear oral argument from any attorney or other person not connected with an adult correctional facility of the department of corrections in favor of or against the parole or release of any inmates, but. The commissioner may institute inquiries by correspondence, taking testimony, or otherwise, as to the previous history, physical or mental condition, and character of the inmate, and, to that end shall have, has the authority to require the attendance of the chief executive officer of any state adult correctional facility and the production of the records of these facilities, and to compel the attendance of witnesses. The commissioner is authorized to administer oaths to witnesses for these purposes.

(h) Unless the district court directs otherwise, state parole and probation agents may require a person who is under the supervision of the commissioner of corrections to perform community work service for violating a condition of probation imposed by the court. Community work service may be imposed for the purpose of protecting the public, to aid the offender's rehabilitation, or both. Agents may impose up to eight hours of community work service for each violation and up to a total of 24 hours per offender per 12-month period, beginning with the date on which community work service is first imposed. The commissioner may authorize an additional 40 hours of community work services, for a total of 64 hours per offender per 12-month period, beginning with the date on which community work service is first imposed. At the time community work service is imposed, parole and probation agents are required to provide written notice to the offender that states:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

(3) the total number of hours of community work service imposed to date in the 12-month period.

An offender may challenge the imposition of community work service by filing a petition in district court. An offender must file the petition within five days of receiving written notice that community work service is being imposed. If the offender challenges the imposition of community work service, the offender bears the burden of showing that the imposition of community work service is unreasonable under the circumstances.

Community work service includes sentencing to service.

Sec. 2. Minnesota Statutes 1997 Supplement, section 244.19, is amended by adding a subdivision to read:

Subd. 3a. [INTERMEDIATE SANCTIONS.] Unless the district court directs otherwise, county probation officers may require a person committed to the officer's care by the court to perform community work service for violating a condition of probation imposed by the court. Community work service may be imposed for the purpose of protecting the public, to aid the offender's rehabilitation, or both. County probation officers may impose up to eight hours of community work service for each violation and up to a total of 24 hours per offender per 12-month period, beginning with the date on which community work service is first imposed. The court services director may authorize an additional 40 hours of community work services, for a total of 64 hours per offender per 12-month period, beginning on the date on which community work service is first imposed. At the time community work service is imposed, county probation agents are required to provide written notice to the offender that states:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

(3) the total number of hours of community work service imposed to date in the 12-month period.

An offender may challenge the imposition of community work service by filing a petition in district court. An offender must file the petition within five days of receiving written notice that community work service is being imposed. If the offender challenges the imposition of community work service, the offender bears the burden of showing that the imposition of community work service is unreasonable under the circumstances.

Sec. 3. [244.195] [DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.]

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

(b) "Commissioner" means the commissioner of corrections.

(c) "Conditional release" means parole, supervised release, conditional release as authorized by section 609.1352, subdivision 5, work release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and any other authorized temporary release from a correctional facility.

(d) "Court services director" means the director or designee of a county probation agency that is not organized under chapter 401.

(e) "Detain" means to take into actual custody, including custody within a local correctional facility.

(f) "Local correctional facility" has the meaning given in section 241.021, subdivision 1.

(g) "Release" means to release from actual custody.

Subd. 2. [DETENTION PENDING HEARING.] When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, a court services director has the authority to issue a written order directing any peace officer in the county or any county probation officer serving the district and juvenile courts of the county to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition. This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner.

Subd. 3. [RELEASE BEFORE HEARING.] A court services director has the authority to issue a written order directing a county probation officer serving the district and juvenile courts of the county to release a person detained under subdivision 2 within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or the commissioner. This written order is sufficient authority for the county probation officer to release the detained person.

Subd. 4. [DETENTION OF PRETRIAL RELEASEE.] A court services director has the authority to issue a written order directing any peace officer in the county or any probation officer serving the district and juvenile courts of the county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release. A written order issued under this subdivision is sufficient authority for the peace officer or probation officer to detain the person.

Subd. 5. [DETENTION BY STATE CORRECTIONAL INVESTIGATOR, OR BY PEACE OFFICER OR PROBATION OFFICER FROM OTHER COUNTY.] (a) A court services director has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain a person under sentence or on probation who:

(1) fails to report to serve a sentence at a local correctional facility;

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

(3) escapes from a local correctional facility; or

(4) absconds from court-ordered home detention.

(b) A court services director has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.

Sec. 4. Minnesota Statutes 1996, section 299C.06, is amended to read:

299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO COOPERATE.]

It shall be the duty of all sheriffs, chiefs of police, city marshals, constables, prison wardens, superintendents of insane hospitals, reformatories and correctional schools, probation and parole officers, school attendance officers, coroners, county attorneys, court clerks, the commissioner of public safety, the commissioner of transportation, and the state fire marshal to furnish to the division statistics and information regarding the number of crimes reported and discovered, arrests made, complaints, informations, and indictments, filed and the disposition made of same, pleas, convictions, acquittals, probations granted or denied, conditional release information, receipts, transfers, and discharges to and from prisons, reformatories, correctional schools, and other institutions, paroles granted and revoked, commutation of sentences and pardons granted and rescinded, and all other data useful in determining the cause and amount of crime in this state and to form a basis for the study of crime, police methods, court procedure, and penal problems. Such statistics and information shall be furnished upon the request of the division and upon such forms as may be prescribed and furnished by it. The division shall have the power to inspect and prescribe the form and substance of the records kept by those officials from which the information is so furnished.

Sec. 5. Minnesota Statutes 1996, section 299C.09, is amended to read:

299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS AND INDEXES.]

The bureau shall install systems for identification of criminals, including the fingerprint system, the modus operandi system, the conditional release data system, and such others as the superintendent deems proper. The bureau shall keep a complete record and index of all information received in convenient form for consultation and comparison. The bureau shall obtain from wherever procurable and file for record finger and thumb prints, measurements, photographs, plates, outline pictures, descriptions, modus operandi statements, conditional release information, or such other information as the superintendent considers necessary, of persons who have been or shall hereafter be convicted of a felony, gross misdemeanor, or an attempt to commit a felony or gross misdemeanor, within the state, or who are known to be habitual criminals. To the extent that the superintendent may determine it to be necessary, the bureau shall obtain like information concerning persons convicted of a crime under the laws of another state or government, the central repository of this records system is the bureau of criminal apprehension in St. Paul.

Sec. 6. [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.]

Subdivision 1. [DEFINITION.] As used in this section, "conditional release" means probation, conditional release, and supervised release.

Subd. 2. [ESTABLISHMENT.] The bureau shall administer and maintain a computerized data system for the purpose of assisting criminal justice agencies in monitoring and enforcing the conditions of conditional release imposed on criminal offenders by a sentencing court or the commissioner of corrections. The data in the system are private data as defined in section 13.02, subdivision 12, but are accessible to criminal justice agencies as defined in section 13.02, subdivision 3a, and to criminal justice agencies in other states in the conduct of their official duties.

Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only criminal justice agencies may submit data to and obtain data from the conditional release data system. The commissioner of corrections may require that any or all information be submitted to the conditional release data system. A consent to the release of data in the conditional release data system from the individual who is the subject of the data is not effective.

Subd. 4. [PROCEDURES.] The bureau shall adopt procedures to provide for the orderly collection, entry, retrieval, and deletion of data contained in the conditional release data system.

Sec. 7. Minnesota Statutes 1997 Supplement, section 401.01, subdivision 2, is amended to read:

Subd. 2. [DEFINITIONS.] (a) For the purposes of sections 401.01 to 401.16, the following terms shall have the meanings given them:.

(c) "Commissioner" means the commissioner of corrections or a designee;.

(c) (d) "Conditional release" means parole, supervised release, conditional release as authorized by section 609.1352, subdivision 5, work release as authorized by sections 241.26 and, 244.065, and includes 631.425, probation;, furlough, and any other authorized temporary release from a correctional facility.

(e) "County probation officer" means a probation officer appointed under section 244.19.

(f) "Detain" means to take into actual custody, including custody within a local correctional facility.

(d) (g) "Joint board" means the board provided in section 471.59;.

(h) "Local correctional facility" has the meaning given in section 241.021, subdivision 1.

(e) (i) "Local correctional service" means those services authorized by and employees, officers, and agents appointed under section 244.19, subdivision 1.

(j) "Release" means to release from actual custody.

Sec. 8. Minnesota Statutes 1996, section 401.02, is amended by adding a subdivision to read:

Subd. 5. [INTERMEDIATE SANCTIONS.] Unless the district court directs otherwise, county probation officers may require a person committed to the officer's care by the court to perform community work service for violating a condition of probation imposed by the court. Community work service may be imposed for the purpose of protecting the public, to aid the offender's rehabilitation, or both. Probation officers may impose up to eight hours of community work service for each violation and up to a total of 24 hours per offender per 12-month period, beginning on the date on which community work service is first imposed. The chief executive officer of a community corrections agency may authorize an additional 40 hours of community work service, for a total of 64 hours per offender per 12-month period, beginning with the date on which community work service is first imposed. At the time community work service is imposed, probation officers are required to provide written notice to the offender that states:

(1) the condition of probation that has been violated;

(2) the number of hours of community work service imposed for the violation; and

(3) the total number of hours of community work service imposed to date in the 12-month period.

An offender may challenge the imposition of community work service by filing a petition in district court. An offender must file the petition within five days of receiving written notice that community work service is being imposed. If the offender challenges the imposition of community work service, the offender bears the burden of showing that the imposition of community work service is unreasonable under the circumstances.

Community work service includes sentencing to service.

Sec. 9. [401.025] [DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.]

(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing a probation officer serving the district and juvenile courts of the county to release a person detained under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or the commissioner. This written order is sufficient authority for the probation officer to release the detained person.

(c) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer in the county or any probation officer serving the district and juvenile courts of the county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release. A written order issued under this paragraph is sufficient authority for the peace officer or probation officer to detain the person.

Subd. 2. [PEACE OFFICERS AND PROBATION OFFICERS IN OTHER COUNTIES AND STATE CORRECTIONAL INVESTIGATORS.] (a) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain a person under sentence or on probation who:

(1) fails to report to serve a sentence at a local correctional facility;

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

(3) escapes from a local correctional facility; or

(4) absconds from court-ordered home detention.

(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.

(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state correctional investigator, peace officer, probation officer, or county probation officer to detain the person.

Subd. 3. [OFFENDERS UNDER DEPARTMENT OF CORRECTIONS COMMITMENT.] CCA counties shall comply with the policies prescribed by the commissioner when providing supervision and other correctional services to persons conditionally released pursuant to sections 241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including intercounty transfer of persons on conditional release and the conduct of presentence investigations.

Sec. 10. [609.134] [CONDITIONAL RELEASE VERIFICATION CARD.]

Subdivision 1. [TERMS.] (a) For purposes of this section, the following terms have the meanings given.

(b) "Conditional release" has the meaning given in section 401.01, subdivision 2.

(c) "Conditional release verification card" or "card" means a card issued to a person on conditional release by a probation officer that states the terms and conditions of an individual's conditional release.

(d) "Peace officer" has the meaning given in section 626.84, subdivision 1.

(e) "Probation officer" means a county probation officer with powers and duties under section 244.19; a state parole and probation agent with powers and duties under section 243.05; and a probation officer with powers and duties under section 401.02.

After August 31, 1998, every probation officer must issue a conditional release verification card to each person convicted of a felony who is under the probation officer's supervision and who is on conditional release. If the person is on supervised release, the commissioner of corrections shall issue the conditional release verification card prior to the person's release from the correctional institution. This card must be issued to a person on conditional release at the time the probation officer first meets with the person on conditional release or within seven days of receiving the person for supervision, provided a card has not already been issued to the person, whichever comes first.

If the conditional release verification card is mailed to a person on conditional release, the card must be mailed by certified mail.

Subd. 3. [REQUIREMENT FOR PERSON ON CONDITIONAL RELEASE; PENALTY.] (a) A person on conditional release must produce a conditional release verification card on demand of a peace officer, a probation officer, or a district court judge.

Except as provided in paragraph (b), if a person on conditional release does not produce the card upon demand of a peace officer, a probation officer, or a district court judge, the person on conditional release is guilty of a gross misdemeanor.

(b) A person does not violate this section if the person fails to produce the card during the hours the person is at work at the person's place of employment, if the person produces the card within 72 hours of the time the demand is made.

Subd. 4. [EXEMPTION.] A person on conditional release is exempt from this requirement until the person receives a conditional release verification card.

Sec. 11. Minnesota Statutes 1997 Supplement, section 609.135, subdivision 1, is amended to read:

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

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

(2) may place the defendant on probation with or without supervision and on the terms the court prescribes, including intermediate sanctions when practicable. The court may order the supervision to be under the probation officer of the court, or, if there is none and the conviction is for a felony or gross misdemeanor, by the commissioner of corrections, or in any case by some other suitable and consenting person. Unless the court directs otherwise, state parole and probation agents and probation officers may impose community work service for an offender's probation violation, consistent with section 243.05, subdivision 1; 244.19, subdivision 3a; or 401.02, subdivision 5.

No intermediate sanction may be ordered performed at a location that fails to observe applicable requirements or standards of chapter 181A or 182, or any rule promulgated under them.

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

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

Sec. 12. Minnesota Statutes 1996, section 629.34, subdivision 1, is amended to read:

(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (f), who is on duty within the jurisdiction of the appointing authority, or on duty outside the jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person without a warrant as provided under paragraph (c).

(c) A peace officer, constable, or part-time peace officer who is authorized under paragraph (a) or (b) to make an arrest without a warrant may do so under the following circumstances:

(1) when a public offense has been committed or attempted in the officer's or constable's presence;

(2) when the person arrested has committed a felony, although not in the officer's or constable's presence;

(3) when a felony has in fact been committed, and the officer or constable has reasonable cause for believing the person arrested to have committed it;

(4) upon a charge based upon reasonable cause of the commission of a felony by the person arrested;

(5) under the circumstances described in clause (2), (3), or (4), when the offense is a gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821; or

(6) under circumstances described in clause (2), (3), or (4), when the offense is a nonfelony violation of a restraining order or no contact order previously issued by a court.

(d) To make an arrest authorized under this subdivision, the officer or constable may break open an outer or inner door or window of a dwelling house if, after notice of office and purpose, the officer or constable is refused admittance.

Sec. 13. [629.355] [PEACE OFFICER AUTHORITY TO DETAIN PERSON ON CONDITIONAL RELEASE.]

(a) A peace officer may detain a person on conditional release upon probable cause that the person has violated a condition of release. "Conditional release" has the meaning given in section 401.01, subdivision 2.

(b) Except as provided in paragraph (c), no person may be detained longer than the period provided in rule 27.04 of the Rules of Criminal Procedure. The detaining peace officer shall provide a detention report to the agency supervising the person as soon as possible. The detention by the peace officer may not exceed eight hours without the approval of the supervising agency. The supervising agency may release the person without commencing revocation proceedings or commence revocation proceedings under rule 27.04 of the Rules of Criminal Procedure.

(c) A person detained under paragraph (a) who is on supervised release or parole may not be detained longer than 72 hours. The detaining peace officer shall provide a detention report to the commissioner of corrections as soon as possible. The detention by the peace officer may not exceed eight hours without the approval of the commissioner or a designee. The commissioner may release the person without commencing revocation proceedings or request a hearing before the hearings and release division.

Sec. 14. Minnesota Statutes 1996, section 629.53, is amended to read:

629.53 [PROVIDING RELEASE ON BAIL; COMMITMENT.]

Subd. 2. [RELEASE FOLLOWING CONVICTION OR GUILTY PLEA.] (a) The court must detain and may not release a person who is awaiting sentencing after a conviction for an offense when the court has information that the sentencing guidelines presume that the defendant will be committed to the commissioner of corrections under an executed sentence for the offense.

(b) Except as provided in paragraph (c), the court also must detain and may not release a person who has waived any right to cash bail while awaiting sentencing as described in section 630.315 or 631.031.

(c) The court may release a person on bail if the prosecution and defense have entered into an agreement recommending a dispositional departure and no additional incarceration in a local facility.

Sec. 15. Minnesota Statutes 1996, section 629.715, subdivision 1, is amended to read:

Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a person is arrested for a crime against the person, the judge before whom the arrested person is taken shall review the facts surrounding the arrest and detention. If the person was arrested or detained for committing a crime of violence, as defined in section 629.725, The prosecutor or other appropriate person shall present relevant information involving the victim or the victim's family's account of the alleged crime to the judge to be considered in determining the arrested person's release. The arrested person must be ordered released pending trial or hearing on the person's personal recognizance or on an order to appear or upon the execution of an unsecured bond in a specified amount unless the judge determines that release (1) will be inimical to public safety, (2) will create a threat of bodily harm to the arrested person, the victim of the alleged crime, or another, or (3) will not reasonably assure the appearance of the arrested person at subsequent proceedings.

(b) If the judge determines release under paragraph (a) is not advisable, the judge may shall set bail and impose any conditions of release that will protect the safety of the victim, public safety, and reasonably assure the appearance of the person for reappearance at subsequent proceedings, or will protect the victim of the alleged crime, or may fix the amount of money bail without other conditions upon which the arrested person may obtain release. The court may also set bail without any other conditions in an amount that will protect the safety of the victim and the public. In making a public safety determination under this subdivision, the court shall consider, among other matters, the safety of persons and property and whether the arrested person has a prior record of having committed crimes against persons or property.

Sec. 16. [630.315] [GUILTY PLEA; WAIVER OF BAIL.]

(a) A defendant must, as a condition of entering the factual basis for a guilty plea, waive any right to cash bail pending sentencing when the court has information that the sentencing guidelines presume that the defendant will be committed to the commissioner of corrections under an executed sentence for the offense. This waiver must occur at the time a defendant tenders the factual basis for a guilty plea.

(b) Before the defendant waives any right to cash bail, the court must determine that:

(1) the defendant understands the consequences of the waiver; and

(2) the waiver is made knowingly, voluntarily, and willingly.

If the court determines that the factors in clauses (1) and (2) are satisfied, the court must accept the defendant's waiver, regardless of whether the court postpones acceptance or rejection of the guilty plea until it has received the results of the presentence investigation.

If the court determines that any one or more of the factors in clauses (1) and (2) are not satisfied, the court may not accept either the waiver or the factual basis for the guilty plea.

Sec. 17. [631.031] [GUILTY PLEA; WAIVER OF BAIL.]

(b) Before the defendant waives any right to cash bail, the court must determine that:

(1) the defendant understands the consequences of the waiver; and

(2) the waiver is made knowingly, voluntarily, and willingly.

If the court determines that the factors in clauses (1) and (2) are satisfied, the court must accept the defendant's waiver, regardless of whether the court postpones acceptance or rejection of the guilty plea until it has received the results of the presentence investigation.

If the court determines that any one or more of the factors in clauses (1) and (2) are not satisfied, the court may not accept either the waiver or the factual basis for the guilty plea.

Sec. 18. [RELEASEE PLAN.]

By August 1, 1998, the department of corrections, each county probation agency, and each community corrections act agency, in consultation with local law enforcement agencies, shall develop a plan to provide local law enforcement agencies with relevant information concerning the releasees, terms of release, the releasees' offense history, and other factors that present a risk of violation of the terms and conditions of release. This plan shall include strategies to identify those offenders most likely to violate the terms of release on an ongoing basis and methods to ensure compliance with the terms of release by those releasees.

Sec. 19. [REQUEST; SUPREME COURT.]

The supreme court is requested to include in the Minnesota Rules of Criminal Procedure, rule 15 and its appendices, a provision that states that the defendant agrees that, by pleading guilty to an offense when the court has information that the sentencing guidelines presume that the defendant will be committed to the commissioner of corrections under an executed sentence for the offense, the defendant is waiving any right to cash bail pending sentencing.

Sec. 20. [RULE SUPERSEDED.]

Rule 27.01 of the Minnesota Rules of Criminal Procedure is superseded to the extent it conflicts with section 14.

Sec. 21. [REPEALER.]

Minnesota Statutes 1996, section 401.02, subdivision 4; and Minnesota Statutes 1997 Supplement, section 244.19, subdivision 4, are repealed.

Sec. 22. [EFFECTIVE DATE.]

Sections 1 to 3 and 7 to 21 are effective August 1, 1998, and apply to crimes committed on or after that date.

Section 1. Minnesota Statutes 1997 Supplement, section 97A.065, subdivision 2, is amended to read:

(b) The commissioner must reimburse a county, from the game and fish fund, for the cost of keeping prisoners prosecuted for violations under this section if the county board, by resolution, directs: (1) the county treasurer to submit all fines and forfeited bail to the commissioner; and (2) the county auditor to certify and submit monthly itemized statements to the commissioner.

(c) The county treasurer shall indicate the amount of the receipts that are assessments or surcharges imposed under section 609.101 and shall submit all of those receipts to the commissioner. The receipts must be credited to the game and fish fund to provide peace officer training for persons employed by the commissioner who are licensed under section 626.84, subdivision 1, clause (c), and who possess peace officer authority for the purpose of enforcing game and fish laws.

(d) The county treasurer shall submit one-half of the receipts collected under paragraph (a) from prosecutions of violations of sections 84.81 to 84.91, and 169.121, including except receipts that are assessments or surcharges imposed under section 609.101 357.021, subdivision 6, to the commissioner state treasurer and credit the balance to the county general fund. The commissioner state treasurer shall credit these receipts to the snowmobile trails and enforcement account in the natural resources fund.

(d) The county treasurer shall indicate the amount of the receipts that are surcharges imposed under section 357.021, subdivision 6, and shall submit all of those receipts to the state treasurer.

Sec. 2. Minnesota Statutes 1996, section 169.121, subdivision 5a, is amended to read:

Subd. 5a. [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, SURCHARGE.] When a court sentences a person convicted of an offense enumerated in section 169.126, subdivision 1, it shall impose a chemical dependency assessment charge of $125. A person shall pay an additional surcharge of $5 if the person is convicted of (i) a violation of section 169.129, or (ii) a violation of this section within five years of a prior impaired driving conviction, as defined in subdivision 3, or a prior conviction for an offense arising out of an arrest for a violation of section 169.121 or 169.129. This section applies when the sentence is executed, stayed, or suspended. The court may not waive payment or authorize payment of the assessment charge and surcharge in installments unless it makes written findings on the record that the convicted person is indigent or that the assessment charge and surcharge would create undue hardship for the convicted person or that person's immediate family.

The county shall collect and forward to the commissioner of finance $25 of the chemical dependency assessment charge and the $5 surcharge, if any, within 60 days after sentencing or explain to the commissioner in writing why the money was not forwarded within this time period. The commissioner shall credit the money to the general fund. The county shall collect and keep $100 of the chemical dependency assessment charge.

The chemical dependency assessment charge and surcharge required under this section are in addition to the surcharge required by section 609.101 357.021, subdivision 6.

Sec. 3. Minnesota Statutes 1997 Supplement, section 169.14, subdivision 5d, is amended to read:

Subd. 5d. [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The commissioner, on trunk highways and temporary trunk highways, and local authorities, on streets and highways under their jurisdiction, may authorize the use of reduced maximum speed limits in highway work zones. The commissioner or local authority is not required to conduct an engineering and traffic investigation before authorizing a reduced speed limit in a highway work zone.

(b) The minimum highway work zone speed limit is 20 miles per hour. The work zone speed limit must not reduce the established speed limit on the affected street or highway by more than 15 miles per hour, except that the highway work zone speed limit shall not exceed 40 miles per hour. Highway work zone speed limits are effective on erection of appropriate regulatory speed limit signs. The signs must be removed or covered when they are not required. A speed greater than the posted highway work zone speed limit is unlawful.

(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person who violates a speed limit established under paragraph (b), or who violates any other provision of this section while in a highway work zone, is assessed an additional surcharge equal to the amount of the fine imposed for the speed violation, but not less than $25.

Sec. 4. Minnesota Statutes 1996, section 171.16, subdivision 3, is amended to read:

Subd. 3. [SUSPENSION FOR FAILURE TO PAY FINE.] When any court reports to the commissioner that a person: (1) has been convicted of violating a law of this state or an ordinance of a political subdivision which regulates the operation or parking of motor vehicles, (2) has been sentenced to the payment of a fine or had a penalty assessment surcharge levied against that person, or sentenced to a fine upon which a penalty assessment surcharge was levied, and (3) has refused or failed to comply with that sentence or to pay the penalty assessment surcharge, notwithstanding the fact that the court has determined that the person has the ability to pay the fine or penalty assessment surcharge, the commissioner shall suspend the driver's license of such person for 30 days for a refusal or failure to pay or until notified by the court that the fine or penalty assessment surcharge, or both if a fine and penalty assessment surcharge were not paid, has been paid.

Sec. 5. Minnesota Statutes 1997 Supplement, section 357.021, subdivision 2, is amended to read:

Subd. 2. [FEE AMOUNTS.] The fees to be charged and collected by the court administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the tax court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $122.

The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $122.

The party requesting a trial by jury shall pay $75.

The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, $10, and $5 for an uncertified copy.

(3) Issuing a subpoena, $3 for each name.

(4) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $10.

(5) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $7.50.

(6) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.

(7) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.

(8) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or optometrists, $5.

(9) For the filing of each partial, final, or annual account in all trusteeships, $10.

(10) For the deposit of a will, $5.

(12) When a defendant pleads guilty to or is sentenced for a petty misdemeanor other than a parking violation, the defendant shall pay a fee of $11.

(13) Filing a motion or response to a motion for modification of child support, a fee fixed by rule or order of the supreme court.

(14) (13) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.

(15) (14) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the putative fathers' adoption registry under section 259.52.

The fees in clauses (3) and (4) need not be paid by a public authority or the party the public authority represents.

Sec. 6. Minnesota Statutes 1996, section 357.021, is amended by adding a subdivision to read:

Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] (a) The court shall impose and the court administrator shall collect a $25 surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle parking. The surcharge shall be imposed whether or not the person is sentenced to imprisonment or the sentence is stayed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court administrator shall show the imposition of the $25 surcharge, collect the surcharge and correct the record.

(c) The court may not waive payment of the surcharge required under this subdivision. Upon a showing of indigency or undue hardship upon the convicted person or the convicted person's immediate family, the sentencing court may authorize payment of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it to the state treasurer.

(e) If the convicted person is sentenced to imprisonment and has not paid the surcharge before the term of imprisonment begins, the chief executive officer of the correctional facility in which the convicted person is incarcerated shall collect the surcharge from any earnings the inmate accrues from work performed in the facility or while on conditional release. The chief executive officer shall forward the amount collected to the state treasurer.

Sec. 7. Minnesota Statutes 1996, section 357.021, is amended by adding a subdivision to read:

Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] The state treasurer shall disburse surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:

(1) one percent of the surcharge shall be credited to the game and fish fund to provide peace officer training for employees of the department of natural resources who are licensed under sections 626.84 to 626.863, and who possess peace officer authority for the purpose of enforcing game and fish laws;

(2) 39 percent of the surcharge shall be credited to the peace officers training account in the special revenue fund; and

(3) 60 percent of the surcharge shall be credited to the general fund.

Sec. 8. Minnesota Statutes 1996, section 488A.03, subdivision 11, is amended to read:

Subd. 11. [FEES PAYABLE TO ADMINISTRATOR.] (a) The civil fees payable to the administrator for services are the same in amount as the fees then payable to the district court of Hennepin county for like services. Library and filing fees are not required of the defendant in an unlawful detainer action. The fees payable to the administrator for all other services of the administrator or the court shall be fixed by rules promulgated by a majority of the judges.

(c) Judgments will be entered only upon written application.

(d) The following fees shall be taxed in all cases for all charges where applicable: (a) The state of Minnesota and any governmental subdivision within the jurisdictional area of any municipal district court herein established may present cases for hearing before said municipal district court; (b) In the event the court takes jurisdiction of a prosecution for the violation of a statute or ordinance by the state or a governmental subdivision other than a city or town in Hennepin county, all fines, penalties, and forfeitures collected shall be paid over to the treasurer of the governmental subdivision which submitted a case charges for prosecution under ordinance violation and to the county treasurer in all other cases charges except where a different disposition is provided by law, in which case, payment shall be made to the public official entitled thereto. The following fees shall be taxed to the county or to the state or governmental subdivision which would be entitled to payment of the fines, forfeiture or penalties in any case, and shall be paid to the court administrator for disposing of the matter:

(1) In all cases For each charge where the defendant is brought into court and pleads guilty and is sentenced, or the matter is otherwise disposed of without trial . . . . . . $5.

(2) In arraignments where the defendant waives a preliminary examination . . . . . $10.

(3) In all other cases For all other charges where the defendant stands trial or has a preliminary examination by the court . . . . . $15.

(4) In all cases For all charges where a defendant was issued a statute, traffic, or ordinance violation tag citation and a fine is paid or the case is otherwise disposed of in a violations bureau . . . . . $1 $10.

(5) Upon the effective date of a $2 increase in the expired meter fine schedule that is enacted on or after August 1, 1987, the amount payable to the court administrator must be increased by $1 for each expired meter violation disposed of in a violations bureau. the increase in clause (4), the fine schedule amounts shall be increased by $10.

Additional money, if any, received by the fourth judicial district administrator as a result of this section shall be used to fund an automated citation system and revenue collections initiative and to pay the related administrative costs of the court administrator's office.

Additional money, if any, received by the city of Minneapolis as a result of this section shall be used to provide additional funding to the city attorney for use in criminal investigations and prosecutions. This funding shall not be used to supplant existing city attorney positions or services.

Sec. 9. [STUDY OF FINE DISTRIBUTION.]

The court administrator for the fourth judicial district shall study the feasibility of modifying the fine distribution system in the fourth judicial district to recognize the costs that are absorbed by local municipalities. The fourth judicial court administrator shall make recommendations to the legislature on this issue by November 15, 1999.

Sec. 10. Minnesota Statutes 1996, section 588.01, subdivision 3, is amended to read:

Subd. 3. [CONSTRUCTIVE.] Constructive contempts are those not committed in the immediate presence of the court, and of which it has no personal knowledge, and may arise from any of the following acts or omissions:

(1) misbehavior in office, or other willful neglect or violation of duty, by an attorney, court administrator, sheriff, coroner, or other person appointed or elected to perform a judicial or ministerial service;

(2) deceit or abuse of the process or proceedings of the court by a party to an action or special proceeding;

(3) disobedience of any lawful judgment, order, or process of the court;

(5) rescuing any person or property in the custody of an officer by virtue of an order or process of the court;

(6) unlawfully detaining a witness or party to an action while going to, remaining at, or returning from the court where the action is to be tried;

(7) any other unlawful interference with the process or proceedings of a court;

(8) disobedience of a subpoena duly served, or refusing to be sworn or to answer as a witness;

(9) when summoned as a juror in a court, neglecting to attend or serve, improperly conversing with a party to an action to be tried at the court or with any person relative to the merits of the action, or receiving a communication from a party or other person in reference to it, and failing to immediately disclose the same to the court;

(10) disobedience, by an inferior tribunal or officer, of the lawful judgment, order, or process of a superior court, proceeding in an action or special proceeding in any court contrary to law after it has been removed from its jurisdiction, or disobedience of any lawful order or process of a judicial officer;

(11) failure or refusal to pay a penalty assessment surcharge levied pursuant to section 626.861 357.021, subdivision 6.

Sec. 11. Minnesota Statutes 1997 Supplement, section 609.101, subdivision 5, is amended to read:

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

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

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

Sec. 12. Minnesota Statutes 1996, section 609.3241, is amended to read:

609.3241 [PENALTY ASSESSMENT AUTHORIZED.]

When a court sentences an adult convicted of violating section 609.322, 609.323, or 609.324, while acting other than as a prostitute, the court shall impose an assessment of not less than $250 and not more than $500 for a violation of section 609.324, subdivision 2, or a misdemeanor violation of section 609.324, subdivision 3; otherwise the court shall impose an assessment of not less than $500 and not more than $1,000. The mandatory minimum portion of the assessment is to be used for the purposes described in section 626.558, subdivision 2a, and is in addition to the assessment or surcharge required by section 609.101 357.021, subdivision 6. Any portion of the assessment imposed in excess of the mandatory minimum amount shall be forwarded to the general fund and is appropriated annually to the commissioner of corrections. The commissioner, with the assistance of the general crime victims advisory council, shall use money received under this section for grants to agencies that provide assistance to individuals who have stopped or wish to stop engaging in prostitution. Grant money may be used to provide these individuals with medical care, child care, temporary housing, and educational expenses.

Sec. 13. Minnesota Statutes 1996, section 611.14, is amended to read:

611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.]

The following persons who are financially unable to obtain counsel are entitled to be represented by a public defender:

(2) a person appealing from a conviction of a felony or gross misdemeanor, or a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction proceeding and who has not already had a direct appeal of the conviction;

(3) a person who is entitled to be represented by counsel under section 609.14, subdivision 2; or

(4) a minor who is entitled to be represented by counsel under section 260.155, subdivision 2, if the judge of the juvenile court concerned has requested and received the approval of a majority of the district court judges of the judicial district to utilize the services of the public defender in such cases, and approval of the compensation on a monthly, hourly, or per diem basis to be paid for such services under section 260.251, subdivision 2, clause (e); or

(5) a person, entitled by law to be represented by counsel, charged with an offense within the trial jurisdiction of a district court, if the trial judge or a majority of the trial judges of the court concerned have requested and received approval of a majority of the district court judges of the judicial district to utilize the services of the public defender in such cases and approval of the compensation on a monthly, hourly, or per diem basis to be paid for such services by the county within the court's jurisdiction.

Sec. 14. Minnesota Statutes 1996, section 611.20, subdivision 3, is amended to read:

Subd. 3. [REIMBURSEMENT.] In each fiscal year, the state treasurer shall deposit the first $180,000 in the general fund. payments in excess of $180,000 shall be deposited in the general fund and credited credit them to a separate account with the board of public defense. The amount credited to this account is appropriated to the board of public defense.

The balance of this account does not cancel but is available until expended. Expenditures by the board from this account for each judicial district public defense office must be based on the amount of the payments received by the state from the courts in each judicial district.

Sec. 15. Minnesota Statutes 1996, section 611.216, subdivision 1a, is amended to read:

Subd. 1a. [INDIAN CHILD WELFARE DEFENSE CORPORATION GRANTS.] (a) The board of public defense shall establish procedures for accepting applications for funding from an Indian child welfare defense corporation located in the American Indian community. The board must consult with the Minnesota Indian affairs council before making a grant under this subdivision.

(b) An "Indian child welfare defense corporation" refers to an American Indian nonprofit law corporation, having an American Indian majority on its board of directors, specializing primarily in providing culturally appropriate legal services to indigent clients or tribal representatives involved in a case governed by the Indian Child Welfare Act, United States Code, title 25, section 1901 et seq., or the Minnesota Indian family preservation act, sections 257.35 to 257.3579.

(c) An Indian child welfare defense corporation is a "public defense corporation" for the purposes of sections 611.14 to 611.271.

Sec. 16. Minnesota Statutes 1997 Supplement, section 611.25, subdivision 3, is amended to read:

Subd. 3. [DUTIES.] The state public defender shall prepare a biennial report to the board and a report to the governor and the supreme court on the operation of the state public defender's office, district defender systems, and public defense corporations. The biennial report is due on or before the beginning of the legislative session following the end of the biennium. The state public defender may require the reporting of statistical data, budget information, and other cost factors by the chief district public defenders and appointed counsel systems. The state public defender shall design and conduct programs for the training of all state and district public defenders, appointed counsel, and attorneys for public defense corporations funded under section 611.26. The state public defender shall establish policies and procedures to administer the district public defender system, consistent with standards adopted by the state board of public defense.

Sec. 17. Minnesota Statutes 1996, section 611.26, subdivision 2, is amended to read:

characteristics of the population served by the public defender in that district. The additional members shall serve only in the capacity of selecting the district public defender. The ad hoc state board of public defense shall appoint a chief district public defender only after requesting and giving reasonable time to receive any recommendations from the public, the local bar association, and the judges of the district, and the county commissioners within the district. Each chief district public defender shall be a qualified attorney, licensed to practice law in this state. The chief district public defender shall be appointed for a term of four years, beginning January 1, pursuant to the following staggered term schedule: (1) in 1992 2000, the second and eighth districts; (2) in 1993 2001, the first, third, fourth, and tenth districts; (3) in 1994 2002, the fifth and ninth districts; and (4) in 1995 1999, the sixth and seventh districts. The chief district public defenders shall serve for four-year terms and may be removed for cause upon the order of the state board of public defense. Vacancies in the office shall be filled by the appointing authority for the unexpired term.

Sec. 18. Minnesota Statutes 1996, section 611.26, subdivision 3, is amended to read:

Subd. 3. [COMPENSATION.] (a) The compensation of the chief district public defender shall be set by the board of public defense. and the compensation of each assistant district public defender shall be set by the chief district public defender with the approval of the board of public defense. To assist the board of public defense in determining compensation under this subdivision, counties shall provide to the board information on the compensation of county attorneys, including salaries and benefits, rent, secretarial staff, and other pertinent budget data. For purposes of this subdivision, compensation means salaries, cash payments, and employee benefits including paid time off and group insurance benefits, and other direct and indirect items of compensation including the value of office space provided by the employer.

(b) This subdivision does not limit the rights of public defenders to collectively bargain with their employers.

Sec. 19. Minnesota Statutes 1996, section 611.26, subdivision 3a, is amended to read:

Subd. 3a. [BUDGET; COMPENSATION.] (a) Notwithstanding subdivision 3 or any other law to the contrary, compensation and economic benefit increases for chief district public defenders and assistant district public defenders, who are full-time county employees, shall be paid out of the budget for that judicial district public defender's office.

(b) Those budgets for district public defender services under the jurisdiction of the state board of public defense in the second and fourth judicial districts shall be eligible for adjustments to their base budgets in the same manner as other state agencies. In making biennial budget base adjustments, the commissioner of finance shall consider the budgets for district public defender services in all judicial districts, as allocated by the state board of public defense, in the same manner as other state agencies.

Sec. 20. Minnesota Statutes 1996, section 611.26, subdivision 9, is amended to read:

Subd. 9. [INSURANCE.] Notwithstanding any other law to the contrary, district public defenders and assistant district public defenders, and their employees and their dependents, may elect to enroll in the appropriate life insurance, hospital, medical and dental benefits, and optional coverages of their respective host county, as designated by the state board of public defense under section 611.27, subdivision 2, at the time, in the manner, and under conditions of eligibility as established by the host county for its employees. The host county must provide for payroll deductions to be made in the same manner and under the same conditions as provided for an eligible county employee and the employee's dependents. Nothing in this subdivision obligates the state or county to payments in the absence of an appropriation for those purposes.

Sec. 21. Minnesota Statutes 1996, section 611.27, subdivision 1, is amended to read:

Subdivision 1. [COUNTY PAYMENT RESPONSIBILITY.] (a) The total compensation and expenses, including office equipment and supplies, of the district public defender are to be paid by the county or counties comprising the judicial district.

Within ten days after an assistant district public defender is appointed, the district public defender shall certify to the state board of public defense the compensation that has been recommended for the assistant.

(c) The state board of public defense shall transmit the proposed budget of each district public defender to the respective district court administrators and county budget officers for comment before the board's final approval of the budget. The board shall determine and certify to the respective county boards a final comprehensive budget for the office of the district public defender that includes all expenses. After the board determines the allocation of the state funds authorized pursuant to paragraph (e), the board shall apportion the expenses of the district public defenders among the several counties and each county shall pay its share in monthly installments. The county share is the proportion of the total expenses that the population in the county bears to the total population in the district as determined by the last federal census. If the district public defender or an assistant district public defender is temporarily transferred to a county not situated in that public defender's judicial district, said county shall pay the proportionate part of that public defender's expenses for the services performed in said county.

(d) Reimbursement for actual and necessary travel expenses in the conduct of the office of the district public defender shall be charged to either (1) the general expenses of the office, (2) the general expenses of the district for which the expenses were incurred if outside the district, or (3) the office of the state public defender if the services were rendered for that office.

(e) (b) Money appropriated to the state board of public defense for the board's administration, for the state public defender, for the judicial district public defenders, and for the public defense corporations shall be expended as determined by the board. In distributing funds to district public defenders, the board shall consider the geographic distribution of public defenders, the equity of compensation among the judicial districts, public defender case loads, and the results of the weighted case load study.

Sec. 22. Minnesota Statutes 1996, section 611.27, subdivision 2, is amended to read:

Subd. 2. [STATE BOARD OF PUBLIC DEFENSE; DESIGNATION OF HOST COUNTY.] The state board of public defense, after receiving an appropriation from the legislature for payment of district public defender costs, shall designate the county officials of one county within the district as a host county to reimburse the expenses of the district public defender. A county selected by the board must serve as the designee. The county share assessed under subdivision 1 against each county of the district must be paid to the county treasurer of the designated county. The board may reimburse the designated county for extra costs incurred.

Sec. 23. Minnesota Statutes 1997 Supplement, section 611.27, subdivision 4, is amended to read:

Subd. 4. [COUNTY PORTION OF COSTS.] That portion of subdivision 1 directing counties to pay the costs of public defense service shall not be in effect after January 1, 1995. This subdivision only relates to costs associated with felony, gross misdemeanor, juvenile, and misdemeanor public defense services. Notwithstanding the provisions of this subdivision, in the first, fifth, seventh, ninth, and tenth judicial districts, the cost of juvenile and misdemeanor public defense services for cases opened prior to January 1, 1995, shall remain the responsibility of the respective counties in those districts, even though the cost of these services may occur after January 1, 1995.

Sec. 24. Minnesota Statutes 1996, section 611.27, subdivision 7, is amended to read:

Subd. 7. [PUBLIC DEFENDER SERVICES; RESPONSIBILITY.] Notwithstanding subdivision 4, The state's obligation for the costs of the public defender services is limited to the appropriations made to the board of public defense. Services and expenses in cases where adequate representation cannot be provided by the district public defender shall be the responsibility of the state board of public defense.

Sec. 25. [WORK ZONE FINES.]

Sec. 26. [REPORT ON SURCHARGES.]

The state court administrator shall collect information on the amount of revenue collected annually from the imposition of surcharges under Minnesota Statutes, section 97A.065, subdivision 2, or 357.021, subdivision 6, and shall report this information by January 15, 2001, to the house and senate committees with jurisdiction over criminal justice funding and policy.

Sec. 27. [WORKING GROUP; BOARD OF PUBLIC DEFENSE.]

Subdivision 1. [WORKING GROUP; ESTABLISHMENT.] A working group is established to study and make recommendations on the issues related to employees of the public defender's office of the second judicial district and public defender's office of the fourth judicial district becoming state employees.

Subd. 2. [WORKING GROUP; MEMBERSHIP.] The board of public defense shall work in cooperation with the following groups in conducting the study required under subdivision 1:

(1) the Ramsey county board;

(2) the Hennepin county board;

(3) the exclusive bargaining units of the public defender's office of the second judicial district; and

(4) the exclusive bargaining units of the public defender's office of the fourth judicial district.

Subd. 3. [WORKING GROUP; DUTIES.] The working group shall study the following issues:

(1) rights under Minnesota Statutes, chapter 179A, for impacted employees;

(2) a method for impacted employees to maintain their current total compensation level;

(3) a method for impacted employees to maintain a collective bargaining unit;

(4) impacts on health insurance, life insurance, and long-term disability benefits;

(5) impacts on retirement plans;

(6) a procedure for multicounty judicial district public defenders to be paid at the pay scale of the attorney general's office; and

(7) any other issues relating to these employees becoming state employees.

Subd. 4. [REPORT.] By October 15, 1998, the board of public defense must report to the chairs of the house and senate committees having jurisdiction over criminal justice issues and the house and senate committees having jurisdiction over governmental operations on the study and its recommendations. These recommendations may not include any measure that would result in an increase in Ramsey county property taxes.

Sec. 28. [INSTRUCTION TO REVISOR.]

The revisor shall change the term "penalty assessment" or similar term to "surcharge" or similar term wherever the term appears in Minnesota Rules in connection with the board of peace officer standards and training.

Sec. 29. [EXPIRATION.]

Sec. 30. [REPEALER.]

Minnesota Statutes 1996, sections 609.101, subdivision 1; and 626.861, are repealed.

Sec. 31. [EFFECTIVE DATE.]

Sections 1 to 12, 26, 30, and 31 are effective January 1, 1999. Section 14 is effective July 1, 1999.

Section 1. Minnesota Statutes 1996, section 241.01, subdivision 7, is amended to read:

Subd. 7. [USE OF FACILITIES BY OUTSIDE AGENCIES.] The commissioner of corrections may authorize and permit public or private social service, educational, or rehabilitation agencies or organizations, and their clients; or lawyers, insurance companies, or others; to use the facilities, staff, and other resources of correctional facilities under the commissioner's control and may require the participating agencies or organizations to pay all or part of the costs thereof. All sums of money received pursuant to the agreements herein authorized shall not cancel until the end of the fiscal year immediately following the fiscal year in which the funds were received. The funds are available for use by the commissioner during that period, and are hereby appropriated annually to the commissioner of corrections for the purposes of this subdivision.

The commissioner of corrections may provide meals for staff and visitors for efficiency of operation and may require such participants to pay all or part of the costs of the meals. All sums of money received under this provision are appropriated to the commissioner of corrections and shall not cancel until the end of the fiscal year immediately following the fiscal year in which the funds were received.

Sec. 2. Minnesota Statutes 1996, section 241.01, is amended by adding a subdivision to read:

Subd. 9. [LEASES FOR CORRECTIONAL FACILITY PROPERTY.] Money collected as rent under section 16B.24, subdivision 5, for state property at any of the correctional facilities administered by the commissioner of corrections is appropriated to the commissioner of corrections and is dedicated to the correctional facility from which it is generated. Any balance remaining at the end of the fiscal year shall not cancel and is available until expended.

Sec. 3. Minnesota Statutes 1997 Supplement, section 241.015, is amended to read:

241.015 [ANNUAL PERFORMANCE REPORTS REQUIRED.]

Subdivision 1. [ANNUAL REPORT.] Notwithstanding section 15.91, the department of corrections must issue a performance report by November 30 of each year. The issuance and content of the report must conform with section 15.91.

Subd. 2. [RECIDIVISM ANALYSIS.] The report required by subdivision 1 must include an evaluation and analysis of the programming in all department of corrections facilities. This evaluation and analysis shall include:

(1) a description of the vocational, work, and industries programs and information on the recidivism rates for offenders who participated in these types of programming;

(2) a description of the educational programs and information on the recidivism rates for offenders who participated in educational programming; and

(3) a description of the chemical dependency, sex offender, and mental health treatment programs and information on the recidivism rates for offenders who participated in these treatment programs.

Sec. 4. Minnesota Statutes 1996, section 241.05, is amended to read:

241.05 [RELIGIOUS INSTRUCTION ACTIVITIES.]

The commissioner of corrections shall provide at least one hour, on the first day of each week, between 9:00 a.m. and 5:00 p.m., for religious instruction to allow inmates of all prisons and reformatories under the commissioner's control to participate in religious activities, during which members of the clergy of good standing in any church or denomination may freely administer and impart religious rites and instruction to those desiring the same them. The commissioner shall provide a private room where such instruction can be given by members of the clergy of the denomination desired by the inmate, or, in case of minors, by the parents or guardian, and, in case of sickness, some other day or hour may be designated; but all sectarian practices are prohibited, and No officer or employee of the institution shall attempt to influence the religious belief of any inmate, and none no inmate shall be required to attend religious services against the inmate's will.

Sec. 5. [241.268] [INMATE EMPLOYMENT.]

The commissioner of corrections shall not allow any individual committed to the commissioner's custody to participate in an industrial or commercial activity under section 241.27 or to work for a private employer, unless:

(1) security at the place of employment is provided by the state;

(2) the private employer provides its noninmate employees with a total compensation and benefit package of similar value to that provided by public employers to similarly situated employees;

(3) the commissioner certifies in writing to the appropriate bargaining unit that the inmate's work will not result in the displacement of currently employed workers or workers on seasonal layoff, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits; and

(4) the commissioner determines that, to the maximum extent possible, fixtures, equipment, and materials that are necessary to allow an inmate to participate in an industrial or commercial activity under section 241.27 or to work for a private employer are furnished by an entity not owned or operated by a state or political subdivision.

This section does not apply to those inmates seeking or engaged in private employment under section 241.26.

Sec. 6. [241.272] [SENTENCE TO SERVE.]

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

Sec. 7. Minnesota Statutes 1997 Supplement, section 241.277, subdivision 9, is amended to read:

Sec. 8. [241.278] [AGREEMENTS FOR WORK FORCE OF STATE OR COUNTY JAIL INMATES.]

The commissioner of corrections, in the interest of inmate rehabilitation, may enter into interagency agreements with state, county, or municipal agencies, or contract with nonprofit agencies to fund or partially fund the cost of programs which use state or county jail inmates as a work force. The commissioner is authorized to receive and deposit funds via these agreements into the special revenue fund. The funds are appropriated to partially or fully support those programs. The commissioner may establish separate inmate accounts within those programs.

Sec. 9. [241.85] [EDUCATIONAL ASSESSMENTS.]

Subdivision 1. [ASSESSMENT UPON ADMISSION TO CORRECTIONAL FACILITY.] (a) The department of corrections shall conduct an educational assessment of each juvenile admitted to a department of corrections facility within 30 days of the juvenile's admission to the facility.

(b) The department of corrections shall conduct an educational assessment of each adult admitted to a department of corrections facility within 60 days of an adult's admission to the facility.

Subd. 2. [EDUCATIONAL ASSESSMENT.] The educational assessment required under subdivision 1 shall determine each offender's reading, writing, and mathematics ability by grade level.

Subd. 3. [EDUCATIONAL PROGRAMMING.] If an adult offender's educational assessment under subdivision 1 shows that the offender does not meet the standards developed by the state board of education under section 121.11, subdivision 7c, in reading, writing, and mathematics, the program plan for the adult offender must include educational programming to assist the offender in developing these skills. Each juvenile offender's program plan must include educational programming to assist the juvenile in developing educational skills equivalent to one year below the juvenile's grade level. Other educational programming also shall be available in each facility for offenders to address educational needs identified through the assessment.

Subd. 4. [PREDISCHARGE TESTING.] The department of corrections shall repeat the assessment required under subdivision 2 in the 60-day period prior to each offender's discharge from the facility.

Sec. 10. Minnesota Statutes 1997 Supplement, section 242.192, is amended to read:

242.192 [CHARGES TO COUNTIES.]

The commissioner shall charge counties or other appropriate jurisdictions for the actual per diem cost of confinement, excluding educational costs, of juveniles at the Minnesota correctional facility-Red Wing. This charge applies to both counties that participate in the Community Corrections Act and those that do not. The commissioner shall annually determine costs, making necessary adjustments to reflect the actual costs of confinement. All money received under this section must be deposited in the state treasury and credited to the general fund.

Sec. 11. Minnesota Statutes 1996, section 242.195, subdivision 1, is amended to read:

Subdivision 1. [SEX OFFENDER PROGRAMS.] (a) The commissioner of corrections shall provide for a range of sex offender programs, including intensive sex offender programs, for juveniles within state juvenile correctional facilities and through purchase of service from county and private residential and outpatient juvenile sex offender programs.

Sec. 12. Minnesota Statutes 1996, section 242.32, subdivision 1, is amended to read:

Subdivision 1. [COMMUNITY-BASED PROGRAMMING.] The commissioner of corrections shall be charged with the duty of developing constructive programs for the prevention and decrease of delinquency and crime among youth. To that end, the commissioner shall cooperate with counties and existing agencies to encourage the establishment of new programming, both local and statewide, to provide a continuum of services for serious and repeat juvenile offenders who do not require secure placement. The commissioner shall work jointly with the commissioner of human services and counties and municipalities to develop and provide community-based services for residential placement of juvenile offenders and community-based services for nonresidential programming for juvenile offenders and their families.

Notwithstanding any law to the contrary, the commissioner of corrections is authorized to contract with counties placing juveniles in the serious/chronic program, PREPARE, at the Minnesota correctional facility-Red Wing to provide necessary extended community transition programming. Funds resulting from the contracts shall be deposited in the state treasury and are appropriated to the commissioner of corrections for juvenile correctional purposes.

Sec. 13. Minnesota Statutes 1997 Supplement, section 243.51, subdivision 1, is amended to read:

Subdivision 1. The commissioner of corrections is hereby authorized to contract with agencies and bureaus of the United States and with the proper officials of other states or a county of this state for the custody, care, subsistence, education, treatment and training of persons convicted of criminal offenses constituting felonies in the courts of this state, the United States, or other states of the United States. Such contracts shall provide for reimbursing the state of Minnesota for all costs or other expenses involved. Funds received under such contracts shall be deposited in the state treasury and are appropriated to the commissioner of corrections for correctional purposes, including capital improvements. Any prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject to the terms and conditions of the prisoner's original sentence as if the prisoner were serving the same within the confines of the state in which the conviction and sentence was had or in the custody of the United States. Nothing herein shall deprive such inmate of the right to parole or the rights to legal process in the courts of this state.

Sec. 14. Minnesota Statutes 1997 Supplement, section 243.51, subdivision 3, is amended to read:

Subd. 3. [TEMPORARY DETENTION.] The commissioner of corrections is authorized to contract with agencies and bureaus of the United States and with the appropriate officials of any other state or county of this state for the temporary detention of any person in custody pursuant to any process issued under the authority of the United States, other states of the United States, or the district courts of this state. The contract shall provide for reimbursement to the state of Minnesota for all costs and expenses involved. Money received under contracts shall be deposited in the state treasury and are appropriated to the commissioner of corrections for correctional purposes, including capital improvements.

Sec. 15. Minnesota Statutes 1996, section 243.51, is amended by adding a subdivision to read:

Subd. 5. [SPECIAL REVENUE FUND.] Money received under contracts authorized in subdivisions 1 and 3 shall be deposited in the state treasury in an inmate housing account in the special revenue fund. The money deposited in this account may be expended only as provided by law. The purpose of this fund is for correctional purposes, including housing inmates under this section, and capital improvements.

Sec. 16. Minnesota Statutes 1996, section 390.11, subdivision 2, is amended to read:

Subd. 2. [VIOLENT OR MYSTERIOUS DEATHS; AUTOPSIES.] The coroner may conduct an autopsy in the case of any human death referred to in subdivision 1, clause (1) or (2), when the coroner judges that the public interest requires an autopsy, except that an autopsy must be conducted in all unattended inmate deaths that occur in a state correctional facility.

Sec. 17. Minnesota Statutes 1997 Supplement, section 401.13, is amended to read:

401.13 [CHARGES MADE TO COUNTIES.]

corrections shall bill the counties and deposit the receipts from the counties in the general fund. All charges shall be a charge upon the county of commitment.

Sec. 18. Laws 1997, chapter 239, article 1, section 12, subdivision 3, is amended to read:

Subd. 3. Juvenile Services

17,070,000 17,790,000

$500,000 each year is to plan for and establish a weekend camp program at Camp Ripley designed for first- or second-time male juvenile offenders ages 11 to 14. The commissioner shall develop eligibility standards for the program. The camp shall be a highly structured program and teach work skills, such as responsibility, organization, time management, and follow-through. The juvenile offenders will each develop a community service plan that will be implemented upon return to the community. The program shall receive referrals from youth service agencies, police, school officials, parents, and the courts. By January 15, 1998, the commissioner shall report to the chairs of the house and senate criminal justice funding divisions a proposed budget for this camp program for the second year of the fiscal biennium and shall include a description of the proposed outcomes for the program.

$100,000 the first year is to conduct planning for and evaluation of additional camp programs and aftercare services for juvenile offenders, including, but not limited to, the Vision Quest program and a three-week work camp.

$500,000 the first year is to renovate two cottages at the Minnesota correctional facility-Red Wing.

$1,021,000 the second year is to transfer the sex offender program from the Minnesota correctional facility-Sauk Centre and operate it at the Minnesota correctional facility-Red Wing.

$333,000 the second year is for housing and programming for female juvenile offenders committed to the commissioner of corrections.

$130,000 the first year and $130,000 the second year are to improve aftercare services for juveniles released from correctional facilities by adding two professional and one clerical positions.

The commissioner shall design the juvenile support network to provide aftercare services for these offenders. The network must coordinate support services in the community for returning juveniles. Counties, communities, and schools must develop and implement the network. The commissioner shall require aftercare programs to be incorporated into Community Corrections Act plans.

Sec. 19. Laws 1997, chapter 239, article 9, section 43, is amended to read:

Sec. 43. [OPERATION OF SAUK CENTRE.]

are committed to the commissioner's custody must be transferred from Sauk Centre to the Minnesota correctional facility-Red Wing, or upon order of the juvenile court, to an appropriate county placement, notwithstanding Minnesota Statutes, section 260.185.

(b) After December 30, 1998, the commissioner of corrections may operate the facility in any manner not inconsistent with this section.

Sec. 20. [ACCOUNT BALANCE.]

As of June 30, 1999, any balance remaining in the account containing money received through contracts authorized by Minnesota Statutes, section 243.51, subdivisions 1 and 3, is transferred to the inmate housing account in the special revenue fund.

Sec. 21. [REPORT REQUIRED.]

(a) By February 1, 1999, the commissioner of corrections shall report to the house and senate committees having jurisdiction over criminal justice policy and funding on how the department of corrections intends to collect information on job placement rates of inmates who have been discharged from department of corrections facilities. This report shall include information on how the department of corrections can collect summary data on job placement rates of former inmates who are on supervised release, including the types of jobs for which inmates have been hired and the wages earned by the inmates. The report also shall include information on the predischarge or postdischarge assistance that would assist inmates in obtaining employment.

(b) "Summary data" has the meaning given in section 13.02, subdivision 19.

Sec. 22. [HEALTH CARE COST REDUCTIONS.]

The commissioner of corrections shall report to the legislature by December 15, 1998, on progress in implementing initiatives related to:

(1) a review of the current system;

(2) development of requests for proposals to consolidate contracts, negotiate discounts, regionalize health care delivery, reduce transportation costs, and implement other health care cost containment initiatives;

(3) formalization of utilization review requirements;

(4) expansion of telemedicine; and

(5) increasing the cost-effective use of infirmary services.

The report must also include the results of strategic planning efforts, including but not limited to planning efforts to improve fiscal management, improve recordkeeping and data collection, expand infirmary services, and expand mental health services.

Sec. 23. [REPEALER.]

(a) Minnesota Statutes 1997 Supplement, section 243.51, subdivision 4, is repealed.

(b) Laws 1997, chapter 239, article 9, section 44, is repealed.

Sec. 24. [EFFECTIVE DATE.]

Section 1. Minnesota Statutes 1997 Supplement, section 242.32, subdivision 4, is amended to read:

Subd. 4. [EXCEPTION.] The 100-bed limitation in subdivision 3 does not apply to:

(1) up to 32 beds constructed and operated for long-term residential secure programming by a privately operated facility licensed by the commissioner in Rock county, Minnesota; and

(2) the campus at the state juvenile correctional facility at Red Wing, Minnesota.

Sec. 2. Minnesota Statutes 1997 Supplement, section 260.015, subdivision 2a, is amended to read:

Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child in need of protection or services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse, (ii) resides with or has resided with a victim of domestic child abuse as defined in subdivision 24, (iii) resides with or would reside with a perpetrator of domestic child abuse or child abuse as defined in subdivision 28, or (iv) is a victim of emotional maltreatment as defined in subdivision 5a;

(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from a disabled infant with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's or physicians' reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;

(10) has committed a delinquent act or a juvenile petty offense before becoming ten years old;

(11) is a runaway;

(12) is an habitual truant;

(13) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense;

(14) is one whose custodial parent's parental rights to another child have been involuntarily terminated within the past five years; or

(15) has been found by the court to have committed domestic abuse perpetrated by a minor under Laws 1997, chapter 239, article 10, sections 2 to 26, has been ordered excluded from the child's parent's home by an order for protection/minor respondent, and the parent or guardian is either unwilling or unable to provide an alternative safe living arrangement for the child; or

(16) has engaged in prostitution, as defined in section 609.321, subdivision 9.

Sec. 3. Minnesota Statutes 1996, section 260.015, subdivision 21, is amended to read:

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

(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes an offense that would be a misdemeanor if committed by an adult.

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

(1) a misdemeanor-level violation of section 588.20, 609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, 609.746, 609.79, or 617.23;

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

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

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

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

Sec. 4. Minnesota Statutes 1996, section 260.131, is amended by adding a subdivision to read:

Sec. 5. Minnesota Statutes 1996, section 260.155, subdivision 1, is amended to read:

Subdivision 1. [GENERAL.] (a) Except for hearings arising under section 260.261 260.315, hearings on any matter shall be without a jury and may be conducted in an informal manner, except that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591 and the law of evidence shall apply in adjudicatory proceedings involving a child alleged to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings conducted pursuant to section 260.125 except to the extent that the rules themselves provide that they do not apply. In all adjudicatory proceedings involving a child alleged to be in need of protection or services, the court shall admit only evidence that would be admissible in a civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of protection or services must be proved by clear and convincing evidence.

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

(c) Except as otherwise provided in this paragraph, the court shall exclude the general public from hearings under this chapter and shall admit only those persons who, in the discretion of the court, have a direct interest in the case or in the work of the court. The court shall permit the victim of a child's delinquent act to attend any delinquency proceeding the victim chooses, except that the court may exclude the victim:

(1) as a witness under rule 26.03, subdivision 7, of the Rules of Criminal Procedure; and

(2) from portions of a certification hearing to discuss psychological material or other evidence that would not be accessible to the public in an adult proceeding.

The court shall open the hearings to the public in delinquency or extended jurisdiction juvenile proceedings where the child is alleged to have committed an offense a delinquent act or has been proven to have committed an offense that would be a felony if committed by an adult a delinquent act and the child was at least 16 14 years of age at the time of the offense delinquent act, except that the court may exclude the public from portions of a certification hearing to discuss psychological material or other evidence that would not be accessible to the public in an adult proceeding.

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

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

Sec. 6. Minnesota Statutes 1997 Supplement, section 260.161, subdivision 2, is amended to read:

Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as otherwise provided in this section, and except for legal records arising from proceedings or portions of proceedings that are public under section 260.155, subdivision 1, none of the records of the juvenile court and none of the records relating to an appeal from a nonpublic juvenile court proceeding, except the written appellate opinion, shall be open to public inspection or their contents disclosed except (a):

(1) by order of a court, (b);

(3) the victim of the any alleged delinquent act may obtain the information specified in clause (4), subclauses (i) to (vi), upon the victim's request;, unless it reasonably appears that the request is prompted by a desire on the part of the requester to engage in unlawful activities; and

(4) in the case of a juvenile who has two or more prior delinquency adjudications for felony-level or gross misdemeanor-level delinquent acts and who is alleged by delinquency petition to have committed a felony-level or gross misdemeanor-level offense before reaching 14 years of age, the following data shall be public until the juvenile reaches age 21, unless the petition is dismissed:

(i) the name and birthdate of the juvenile;

(ii) the act for which the juvenile was petitioned and date of the offense;

(iii) the date and county where the petition was filed;

(iv) whether the juvenile was referred to a diversion program, the petition was continued for dismissal or continued without adjudication, or the juvenile was adjudicated delinquent;

(v) the disposition, including, but not limited to, diversion, probation and conditions of probation, detention, fines, or restitution; and

(vi) the felony-level or gross misdemeanor-level acts for which the juvenile previously was adjudicated delinquent and the dispositions the juvenile received for those acts.

The records of juvenile probation officers and county home schools are records of the court for the purposes of this subdivision. Court services data relating to delinquent acts that are contained in records of the juvenile court may be released as allowed under section 13.84, subdivision 5a. This subdivision applies to all proceedings under this chapter, including appeals from orders of the juvenile court, except that this subdivision does not apply to proceedings under section 260.255, 260.261, or 260.315 when the proceeding involves an adult defendant. The court shall maintain the confidentiality of adoption files and records in accordance with the provisions of laws relating to adoptions. In juvenile court proceedings any report or social history furnished to the court shall be open to inspection by the attorneys of record and the guardian ad litem a reasonable time before it is used in connection with any proceeding before the court.

When a judge of a juvenile court, or duly authorized agent of the court, determines under a proceeding under this chapter that a child has violated a state or local law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets and highways, except parking violations, the judge or agent shall immediately report the violation to the commissioner of public safety. The report must be made on a form provided by the department of public safety and must contain the information required under section 169.95.

Sec. 7. Minnesota Statutes 1997 Supplement, section 260.165, subdivision 1, is amended to read:

Subdivision 1. No child may be taken into immediate custody except:

(a) With an order issued by the court in accordance with the provisions of section 260.135, subdivision 5, or Laws 1997, chapter 239, article 10, section 10, paragraph (a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance with the provisions of section 260.145; or

(b) In accordance with the laws relating to arrests; or

(c) By a peace officer

(2) when a child is found in surroundings or conditions which endanger the child's health or welfare or which such peace officer reasonably believes will endanger the child's health or welfare. If an Indian child is a resident of a reservation or is domiciled on a reservation but temporarily located off the reservation, the taking of the child into custody under this clause shall be consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1922;

(d) By a peace officer or probation or parole officer when it is reasonably believed that the child has violated the terms of probation, parole, or other field supervision; or

(e) By a peace officer or probation officer under section 260.132, subdivision 1 or 4.

Sec. 8. Minnesota Statutes 1996, section 260.165, is amended by adding a subdivision to read:

Subd. 2a. [PROTECTIVE PAT-DOWN SEARCH OF CHILD AUTHORIZED.] (a) A peace officer who takes a child of any age or gender into custody under the provisions of this section is authorized to perform a protective pat-down search of the child in order to protect the officer's safety.

(b) A peace officer also may perform a protective pat-down search of a child in order to protect the officer's safety in circumstances where the officer does not intend to take the child into custody, if this section authorizes the officer to take the child into custody.

(c) Evidence discovered in the course of a lawful search under this section is admissible.

Sec. 9. Minnesota Statutes 1996, section 260.255, is amended to read:

260.255 [CIVIL JURISDICTION OVER PERSONS CONTRIBUTING TO DELINQUENCY, STATUS AS A JUVENILE PETTY OFFENDER, OR NEED FOR PROTECTION OR SERVICES; COURT ORDERS.]

Subdivision 1. [JURISDICTION.] The juvenile court has civil jurisdiction over persons contributing to the delinquency, status as a juvenile petty offender, or need for protection or services of a child under the provisions of subdivision 2 or 3 this section.

Subd. 1a. [PETITION; ORDER TO SHOW CAUSE.] A request for jurisdiction over a person described in subdivision 1 shall be initiated by the filing of a verified complaint by the county attorney having jurisdiction over the place where the child is found, resides, or where the alleged act of contributing occurred. The petition shall allege the factual basis for the claim that the person is contributing to the child's delinquency, status as a juvenile petty offender, or need for protection or services. If the court determines, upon review of the verified petition, that probable cause exists to believe that the person has contributed to the child's delinquency, status as a juvenile petty offender, or need for protection or services, the court shall issue an order to show cause why the person should not be subject to the jurisdiction of the court. The order to show cause and a copy of the verified petition shall be served personally upon the person and shall set forth the time and place of the hearing to be conducted under subdivision 2.

Subd. 2. [HEARING.] If in (a) The court shall conduct a hearing on the petition in accordance with the procedures contained in paragraph (b).

(b) Hearings under this subdivision shall be without a jury. The rules of evidence promulgated pursuant to section 480.0591 and the provisions under section 260.156 shall apply. In all proceedings under this section, the court shall admit only evidence that would be admissible in a civil trial. When the respondent is an adult, hearings under this subdivision shall be open to the public. Hearings shall be conducted within five days of personal service of the order to show cause and may be continued for a reasonable period of time if a continuance is in the best interest of the child or in the interests of justice.

(c) At the conclusion of the hearing of a case of a child alleged to be delinquent or in need of protection or services it appears, if the court finds by a fair preponderance of the evidence that any person has violated the provisions of the person has contributed to the child's delinquency, status as a juvenile petty offender, or need for protection or services, as defined in section 260.315, the court may make any of the following orders:

(b) (2) prohibit the person from associating or communicating in any manner with the child; or

(c) Provide for the maintenance or care of the child, if the person is responsible for such, and direct when, how, and where money for such maintenance or care shall be paid.

(3) require the person to participate in evaluation or services determined necessary by the court to correct the conditions that contributed to the child's delinquency, status as a juvenile petty offender, or need for protection or services;

(4) require the person to provide supervision, treatment, or other necessary care;

(5) require the person to pay restitution to a victim for pecuniary damages arising from an act of the child relating to the child's delinquency, status as a juvenile petty offender, or need for protection or services;

(6) require the person to pay the cost of services provided to the child or for the child's protection; or

(7) require the person to provide for the child's maintenance or care if the person is responsible for the maintenance or care, and direct when, how, and where money for the maintenance or care shall be paid. If the person is receiving public assistance for the child's maintenance or care, the court shall authorize the public agency responsible for administering the public assistance funds to make payments directly to vendors for the cost of food, shelter, medical care, utilities, and other necessary expenses.

Subd. 3. [CRIMINAL PROCEEDINGS.] Before making any order under subdivision 2 the court shall issue an order to show cause, either upon its own motion or upon a verified petition, specifying the charges made against the person and fixing the time and place of the hearing. The order to show cause shall be served personally and shall be heard in the same manner as provided in other cases in the juvenile court. The county attorney may bring both a criminal proceeding under section 260.315 and a civil action under this section.

Sec. 10. Minnesota Statutes 1996, section 260.315, is amended to read:

260.315 [CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES, STATUS AS A JUVENILE PETTY OFFENDER, OR DELINQUENCY.]

Subdivision 1. [CRIMES.] (a) Any person who by act, word, or omission encourages, causes, or contributes to the need for protection or services or delinquency of a child, or to a child's status as a juvenile petty offender, is guilty of a gross misdemeanor.

(b) This section does not apply to licensed social service agencies and outreach workers who, while acting within the scope of their professional duties, provide services to runaway children.

Subd. 2. [COMPLAINT; VENUE.] A complaint under this section may be filed by the county attorney having jurisdiction where the child is found or where a juvenile delinquency, child protection, or juvenile petty offender matter concerning the child is filed. The complaint shall be filed in the juvenile court. A prior or pending petition alleging that the child is delinquent, a juvenile petty offender, or in need of protection or services is not a prerequisite to a complaint or a conviction under this section.

Subd. 3. [AFFIRMATIVE DEFENSE.] If the child is alleged to be delinquent or a juvenile petty offender, or if the child's conduct is the basis for the child's need for protection or services, it is an affirmative defense to a prosecution under subdivision 1 if the defendant proves, by a preponderance of the evidence, that the defendant took reasonable steps to control the child's conduct.

Sec. 11. Minnesota Statutes 1997 Supplement, section 299C.095, subdivision 1, is amended to read:

data classified as private are accessible to criminal justice agencies as defined in section 13.02, subdivision 3a, to all trial courts and appellate courts, to a person who has access to the juvenile court records as provided in section 260.161 or under court rule and to criminal justice agencies in other states in the conduct of their official duties.

(b) Except for access authorized under paragraph (a), the bureau shall only disseminate a juvenile adjudication history record in connection with a background check required by statute or rule and performed on a licensee, license applicant, or employment applicant or performed under section 624.713. A consent for release of information from an individual who is the subject of a juvenile adjudication history is not effective and the bureau shall not release a juvenile adjudication history record and shall not release information in a manner that reveals the existence of the record.

Sec. 12. Laws 1997, chapter 239, article 1, section 12, subdivision 3, is amended to read:

Subd. 3. Juvenile Services

17,070,000 17,790,000

$500,000 each year is to plan for and establish a weekend camp program at Camp Ripley designed for first- or second-time male juvenile offenders and youth at risk. All youth shall be ages 11 to 14. The commissioner shall develop eligibility standards for the program. The camp shall be a highly structured program and teach work skills, such as responsibility, organization, time management, and follow-through. The juvenile offenders juveniles will each develop a community service plan that will be implemented upon return to the community. The program shall receive referrals from youth service agencies, police, school officials, parents, and the courts. By January 15, 1998, the commissioner shall report to the chairs of the house and senate criminal justice funding divisions a proposed budget for this camp program for the second year of the fiscal biennium and shall include a description of the proposed outcomes for the program.

$100,000 the first year is to conduct planning for and evaluation of additional camp programs and aftercare services for juvenile offenders, including, but not limited to, the Vision Quest program and a three-week work camp.

$500,000 the first year is to renovate two cottages at the Minnesota correctional facility-Red Wing.

$1,021,000 the second year is to transfer the sex offender program from the Minnesota correctional facility-Sauk Centre and operate it at the Minnesota correctional facility-Red Wing.

$333,000 the second year is for housing and programming for female juvenile offenders committed to the commissioner of corrections.

$130,000 the first year and $130,000 the second year are to improve aftercare services for juveniles released from correctional facilities by adding two professional and one clerical positions.

Sec. 13. [STATE COURT ADMINISTRATOR'S REPORT.]

The state court administrator shall annually prepare and present to the chairs of the house judiciary committee and the senate crime prevention committee aggregate data by judicial district on juvenile delinquency petitions. The report shall include, but need not be limited to, information on the act for which a delinquency petition is filed, the age of the juvenile, the county where the petition was filed, the outcome of the petition, such as dismissal, continuance for dismissal, continuance without adjudication, and the disposition of the petition such as diversion, detention, probation, restitution, or fine.

The report shall be prepared on a calendar year basis and shall be submitted annually beginning July 1, 1999.

Sec. 14. [LICENSING MORATORIUM; JUVENILE FACILITIES.]

Subdivision 1. [MORATORIUM; COMMISSIONER OF CORRECTIONS.] Except as provided in subdivision 4, the commissioner of corrections may not:

(1) issue any license under section 241.021 to operate a new correctional facility for the detention or confinement of juvenile offenders that will include more than 25 beds for juveniles; or

(2) renew a license under section 241.021 to operate a correctional facility licensed before the effective date of this moratorium, for the detention or confinement of juvenile offenders, if the number of beds in the facility will increase by more than 25 beds since the time the most recent license was issued.

Subd. 2. [MORATORIUM; COMMISSIONER OF HUMAN SERVICES.] Except as provided in subdivision 4, the commissioner of human services may not:

(1) issue any license under Minnesota Rules, parts 9545.0905 to 9545.1125, for the residential placement of juveniles at a facility that will include more than 25 beds for juveniles; or

(2) renew a license under Minnesota Rules, parts 9545.0905 to 9545.1125, for the residential placement of juveniles at a facility licensed before the effective date of this moratorium, if the number of beds in the facility will increase by more than 25 beds since the time the most recent license was issued.

Subd. 3. [MORATORIUM; OTHER BEDS.] Except as provided in subdivision 4, no state agency may:

(1) issue a license for any new facility that will provide an out-of-home placement for more than 25 juveniles at one time; or

(2) renew a license for any existing facility licensed before the effective date of this moratorium, if the number of beds in the facility will increase by more than 25 beds since the time the most recent license was issued.

For the purposes of this subdivision, "juvenile" means a delinquent child, as defined in section 260.015, subdivision 5; a juvenile petty offender, as defined in section 260.015, subdivision 21; or a child in need of protection or services, as defined in section 260.015, subdivision 2a.

Subd. 4. [EXEMPTIONS.] The moratorium in this section does not apply to:

(1) any secure juvenile detention and treatment facility, which is funded in part through a grant under 1994 Minnesota Laws, chapter 643, section 79;

(2) the department of corrections facilities at Red Wing and Sauk Centre;

(3) the proposed department of corrections facility at Camp Ripley;

(4) any facility that submitted a formal request for licensure under section 241.021 before December 31, 1997;

(6) a license that replaces an existing license issued by the commissioner of health to a psychiatric hospital in Rice county that primarily serves children and adolescents, which new license replaces one-for-one the number of beds previously licensed by the commissioner of health.

Subd. 5. [MORATORIUM; LENGTH.] The moratorium in this section stays in effect until June 30, 1999.

Sec. 15. [JUVENILE PLACEMENT STUDY.]

The legislative audit commission is requested to direct the legislative auditor to conduct a study of juvenile out-of-home placements. The study must include:

(1) an evaluation of existing placements for juveniles, including, but not limited to, the number of beds at each facility, the average number of beds occupied each day at each facility, and the location of each facility, and an analysis of the projected need for an increased number of beds for juvenile out-of-home placements, including the geographic area where beds will be needed;

(2) an evaluation of existing services and programming provided in juvenile out-of-home placements and an assessment of the types of services and programming that are needed in juvenile out-of-home placements, by geographic area;

(3) an evaluation of the utilization of continuum of care;

(4) an assessment of the reasons why juveniles are placed outside their homes;

(5) a summary of the demographics of juveniles placed outside their homes, by county, including information on race, gender, age, and other relevant factors;

(6) a summary of the geographic distance between the juvenile's home and the location of the out-of-home placement, including observations for the reasons a juvenile was placed at a particular location;

(7) a determination of the average length of time that a juvenile in Minnesota spends in an out-of-home placement and a determination of the average length of time that a juvenile spends in each type of out-of-home placement, including, but not limited to, residential treatment centers, correctional facilities, and group homes;

(8) a determination of the completion rates of juveniles participating in programming in out-of-home placements and an analysis of the reasons for noncompletion of programming;

(9) a determination of the percentage of juveniles whose out-of-home placement ends due to the juvenile's failure to meet the rules and conditions of the out-of-home placement and an analysis of the reasons the juvenile failed;

(10) an analysis of the effectiveness of the juvenile out-of-home placement, including information on recidivism, where applicable, and the child's performance after returning to the child's home;

(11) an estimate of the cost each county spends on juvenile out-of-home placements;

(12) a description and examination of the per diem components per offender at state, local, and private facilities providing placements for juveniles; and

(13) any other issues that may affect juvenile out-of-home placements.

If the commission directs the auditor to conduct this study, the auditor shall report its findings to the chairs of the house and senate committees and divisions with jurisdiction over criminal justice policy and funding by January 15, 1999.

Sec. 16. [REPEALER.]

Sec. 17. [EFFECTIVE DATE.]

Sections 7, 8, 14, and 15 are effective the day following final enactment. Sections 2 to 6, 9, 11, 13, and 16 are effective August 1, 1998, and apply to acts occurring on or after that date.

Section 1. Minnesota Statutes 1996, section 12.09, is amended by adding a subdivision to read:

Subd. 9. [VOLUNTEER RESOURCES COORDINATION.] The division shall provide ongoing coordination of a network of state, local, and federal government agencies and private organizations to ensure the smooth coordination of donations and volunteerism during major disasters. Duties include:

(1) hotline management, including training, staffing, information distribution, and coordination with emergency operations management;

(2) coordination between government and private relief agencies;

(3) networking with volunteer organizations;

(4) locating resources for anticipated disaster needs and making these resources available to local governments in a database;

(5) training in disaster preparation;

(6) revising existing plans based on experience with disasters and testing the plans with simulated disasters; and

(7) maintaining public information about disaster donations and volunteerism.

Sec. 2. Minnesota Statutes 1996, section 13.99, is amended by adding a subdivision to read:

Subd. 90c. [ARSON INVESTIGATIVE DATA SYSTEM.] Data in the arson investigative data system are classified in section 299F.04, subdivision 3a.

Sec. 3. Minnesota Statutes 1997 Supplement, section 168.042, subdivision 11a, is amended to read:

Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION PLATES IN CERTAIN SITUATIONS.] When the registrar of motor vehicles reinstates a person's registration plates after impoundment for reasons other than those described in subdivision 11, the registrar shall charge the person $25 $50 for each vehicle for which the registration plates are being reinstated. Money raised under this subdivision must be paid into the state treasury and credited to the highway user tax distribution fund.

Sec. 4. Minnesota Statutes 1996, section 168.042, subdivision 12, is amended to read:

Subd. 12. [ISSUANCE OF SPECIAL REGISTRATION PLATES.] A violator or registered owner may apply to the commissioner for new registration plates, which must bear a special series of numbers or letters so as to be readily identified by traffic law enforcement officers. The commissioner may authorize the issuance of special plates if:

(1) the violator has a qualified licensed driver whom the violator must identify;

(2) the violator or registered owner has a limited license issued under section 171.30;

(3) the registered owner is not the violator and the registered owner has a valid or limited driver's license; or

(4) a member of the registered owner's household has a valid driver's license.

Sec. 5. Minnesota Statutes 1996, section 168.042, subdivision 15, is amended to read:

Subd. 15. [FEES CREDITED TO HIGHWAY USER FUND.] Fees collected from the sale or reinstatement of license plates under this section must be paid into the state treasury and credited one-half to the highway user tax distribution fund and one-half to the general fund.

Sec. 6. [169.1219] [REMOTE ELECTRONIC ALCOHOL MONITORING PROGRAM.]

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

(a) "Breath analyzer unit" means a device that performs breath alcohol testing and is connected to a remote electronic alcohol monitoring system.

(b) "Remote electronic alcohol monitoring system" means a system that remotely electronically monitors the alcohol concentration of individuals in their homes or other locations to ensure compliance with court-ordered conditions of pretrial release, supervised release, or probation.

Subd. 2. [PROGRAM ESTABLISHED.] In cooperation with the conference of chief judges, the state court administrator, and the commissioner of public safety, the commissioner of corrections shall establish a program to use breath analyzer units to monitor DWI offenders who are ordered to abstain from alcohol use as a condition of pretrial release, supervised release, or probation. The program must include procedures to ensure that violators of this condition of release receive swift consequences for the violation.

Offenders who are ordered to participate in the program shall also be ordered to pay the per diem cost of the monitoring unless the offender is indigent. The commissioner of corrections shall reimburse the judicial districts in a manner proportional to their use of remote electronic alcohol monitoring for any costs the districts incur in participating in the program.

After five years, the commissioner of corrections shall evaluate the effectiveness of the program and shall report the results of this evaluation to the conference of chief judges, the state court administrator, the commissioner of public safety, and the chairs of the house of representatives and senate committees having jurisdiction over criminal justice policy and finance.

Sec. 7. Minnesota Statutes 1997 Supplement, section 169.123, subdivision 5c, is amended to read:

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

(b) The petition must:

(1) be captioned in the full name of the person making the petition as petitioner and the commissioner of public safety as respondent;

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

(3) state with specificity the grounds upon which the petitioner seeks rescission of the order of revocation, disqualification, or denial and state the facts theory underlying each claim asserted.

(d) Judicial reviews shall be conducted according to the rules of civil procedure except that prehearing discovery is mandatory and is limited to:

(1) the notice of revocation;

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

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

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

Other types of discovery are not available.

Sec. 8. Minnesota Statutes 1997 Supplement, section 171.29, subdivision 2, is amended to read:

Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's license has been revoked as provided in subdivision 1, except under section 169.121 or 169.123, shall pay a $30 fee before the driver's license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1 under section 169.121 or 169.123 shall pay a $250 fee plus a $10 $40 surcharge before the driver's license is reinstated. The $250 fee is to be credited as follows:

(1) Twenty percent shall be credited to the trunk highway fund.

(2) Fifty-five percent shall be credited to the general fund.

(3) Eight percent shall be credited to a separate account to be known as the bureau of criminal apprehension account. Money in this account may be appropriated to the commissioner of public safety and the appropriated amount shall be apportioned 80 percent for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Twelve percent shall be credited to a separate account to be known as the alcohol-impaired driver education account. Money in the account is appropriated as follows:

(i) The first $200,000 in a fiscal year is to the commissioner of children, families, and learning for programs in elementary and secondary schools.

(ii) The remainder credited in a fiscal year is appropriated to the commissioner of transportation to be spent as grants to the Minnesota highway safety center at St. Cloud State University for programs relating to alcohol and highway safety education in elementary and secondary schools.

(5) Five percent shall be credited to a separate account to be known as the traumatic brain injury and spinal cord injury account. $100,000 is annually appropriated from the account to the commissioner of human services for traumatic brain injury case management services. The remaining money in the account is annually appropriated to the commissioner of health to establish and maintain the traumatic brain injury and spinal cord injury registry created in section 144.662 and to reimburse the commissioner of economic security for the reasonable cost of services provided under section 268A.03, clause (o).

(c) The $10 $40 surcharge shall be credited to a separate account to be known as the remote electronic alcohol monitoring pilot program account. The commissioner shall transfer the balance of this account to the commissioner of finance on a monthly basis for deposit in the general fund.

Sec. 9. Minnesota Statutes 1996, section 299F.04, is amended by adding a subdivision to read:

(b) The state fire marshal shall administer and maintain a computerized arson investigative data system for the purpose of assisting criminal justice agencies in the investigation and prosecution of suspected arson violations. This data system is separate from the reporting system maintained by the department of public safety under section 299F.05, subdivision 2. The system consists of data on individuals who are 14 years old or older who law enforcement agencies determine are or may be engaged in arson activity. Notwithstanding section 260.161, subdivision 3, data in the system on adults and juveniles may be maintained together. Data in the system must be submitted and maintained as provided in this subdivision.

(c) Subject to the provisions of paragraph (d), a criminal justice agency may submit the following data on suspected arson violations to the arson investigative data system:

(1) the suspect's name, known aliases, if any, and other identifying characteristics;

(2) the modus operandi used to commit the violation, including means of ignition;

(3) any known motive for the violation;

(4) any other crimes committed as part of the same behavioral incident;

(5) the address of the building, the building owner's identity, and the building occupant's identity; and

(6) the name of the reporting agency and a contact person.

A criminal justice agency that reports data to the arson investigative data system shall maintain records documenting the data in its own records system for at least the time period specified in paragraph (e).

(d) The state fire marshal shall maintain in the arson investigative data system any of the data reported under paragraph (c) that the fire marshal believes will assist in the investigation and prosecution of arson cases. In lieu of or in connection with any of these data, the state fire marshal may include in the data system a reference to the criminal justice agency that originally reported the data, with a notation to system users that the agency is the repository of more detailed information on the particular suspected arson violation.

(e) Notwithstanding section 138.17, the state fire marshal shall destroy data on juveniles entered into the system when three years have elapsed since the data were entered into the system, except as otherwise provided in this paragraph. If the fire marshal has information that, since entry of data into the system, the juvenile has been convicted as an adult or has been adjudicated or has a stayed adjudication as a juvenile for an offense that would be a crime if committed by an adult, the data must be maintained until three years have elapsed since the last record of a conviction, adjudication, or stayed adjudication of the individual. Upon request of the criminal justice agency that submitted data to the system, the state fire marshal shall destroy the data regardless of whether three years have elapsed since the data were entered into the system.

(f) Data in the arson investigative data system are confidential data on individuals as defined in section 13.02, subdivision 3, but are accessible to criminal justice agencies.

Sec. 10. Minnesota Statutes 1996, section 299M.01, subdivision 7, is amended to read:

Subd. 7. [FIRE PROTECTION SYSTEM.] "Fire protection system" means a sprinkler, standpipe, hose system, or other special hazard system for fire protection purposes only, that is composed of an integrated system of underground and overhead piping connected to a potable water source. "Fire protection system" does not include the water service piping to a city water main, or piping used for potable water purposes, or piping used for heating or cooling purposes. Openings from potable water piping for fire protection systems must be made by persons properly licensed under section 326.40. Persons properly licensed under section 326.40 may also sell, design, install, modify or inspect a standpipe, hose system only.

Sec. 11. Minnesota Statutes 1996, section 299M.02, is amended to read:

299M.02 [ADVISORY COUNCIL.]

Subd. 2. [MEMBERSHIP.] The council consists of the commissioner of public safety, or the commissioner's designee, the commissioner of labor and industry or the commissioner's designee, and eight members appointed for a term of three years by the governor commissioner. Two members must be licensed fire protection contractors or full-time, managing employees actively engaged in a licensed fire protection contractor business. Two members must be journeyman sprinkler fitters certified as competent under this chapter. One member of the council must be an active member of the Minnesota State Fire Chiefs Association. One member must be an active member of the Fire Marshals Association of Minnesota. One member must be a building official certified by the department of administration, who is professionally competent in fire protection system inspection. One member must be a member of the general public. The commissioners commissioner or their designees are designee is a nonvoting members member.

Subd. 3. [DUTIES.] The council shall advise the commissioners commissioner of public safety and labor and industry on matters within the council's expertise or under the regulation of the commissioners commissioner.

Sec. 12. Minnesota Statutes 1996, section 299M.03, subdivision 1, is amended to read:

Subdivision 1. [CONTRACTOR LICENSE.] Except for residential installations by the owner of an occupied one- or two-family dwelling, a person may not sell, design, install, modify, or inspect a fire protection system, its parts, or related equipment, or offer to do so, unless annually licensed to perform these duties as a fire protection contractor. No license is required under this section for a person licensed as a professional engineer under section 326.03 who is competent in fire protection system design or a person licensed as an alarm and communication contractor under section 326.2421 for performing activities authorized by that license.

Sec. 13. Minnesota Statutes 1996, section 299M.03, subdivision 2, is amended to read:

Subd. 2. [JOURNEYMAN CERTIFICATE.] Except for residential installations by the owner of an occupied one- or two-family dwelling, a person may not install, connect, alter, repair, or add to a fire protection system, under the supervision of a fire protection contractor, unless annually certified to perform those duties as a journeyman sprinkler fitter or as a registered apprentice sprinkler fitter. This subdivision does not apply to a person altering or repairing a fire protection system if the system uses low pressure water and the system is located in a facility regulated under the federal Mine Occupational Safety and Health Act.

Sec. 14. Minnesota Statutes 1996, section 299M.04, is amended to read:

299M.04 [RULES; SETTING FEES; ORDERS; PENALTIES.]

The commissioner shall adopt permanent rules for operation of the council; regulation by municipalities; permit, filing, inspection, certificate, and license fees; qualifications, examination, and licensing of fire protection contractors; certification of journeyman sprinkler fitters; registration of apprentices; and the administration and enforcement of this chapter. Fees must be set under section 16A.1285. Permit fees must be a percentage of the total cost of the fire protection work.

The commissioner may issue a cease and desist order to cease an activity considered an immediate risk to public health or public safety. The commissioner shall adopt permanent rules governing when an order may be issued; how long the order is effective; notice requirements; and other procedures and requirements necessary to implement, administer, and enforce the provisions of this chapter.

The commissioner, in place of or in addition to licensing sanctions allowed under this chapter, may impose a civil penalty not greater than $1,000 for each violation of this chapter or rule adopted under this chapter, for each day of violation. The commissioner shall adopt permanent rules governing and establishing procedures for implementation, administration, and enforcement of this paragraph.

Sec. 15. Minnesota Statutes 1996, section 299M.08, is amended to read:

299M.08 [PENALTY.]

It is a misdemeanor for any person to intentionally commit or direct another person to commit either of the following acts:

(1) to make a false statement in a license application, request for inspection, certificate, or other form or statement authorized or required under this chapter; or

Sec. 16. Minnesota Statutes 1996, section 299M.12, is amended to read:

299M.12 [CONFLICTS OF LAWS.]

This chapter is not intended to conflict with and does not supersede the Minnesota state building code, or the Minnesota uniform fire code, or other state law.

Sec. 17. [363.30] [FAIR HOUSING INITIATIVE.]

Subdivision 1. [DEFINITIONS.] For the purposes of sections 363.30 to 363.33, the terms in this section have the meanings given them.

Subd. 2. [ELIGIBLE ORGANIZATION.] "Eligible organization" means a nonprofit organization that has at least one year of experience in at least two of the following fair housing activities:

(1) housing discrimination complaint intake and investigation;

(2) testing for housing discrimination;

(3) community auditing for housing discrimination;

(4) legal representation of persons concerning their housing discrimination claims;

(5) public education about rights and obligations under fair housing laws; and

(6) outreach programs to build public support for fair housing and to prevent housing discrimination.

Subd. 3. [HOUSING DISCRIMINATION.] "Housing discrimination" means a violation of a federal or state law, or of a local ordinance, that prohibits housing discrimination, including, but not limited to, an unfair discriminatory practice under section 363.03, subdivision 2 or 2a, and a discriminatory housing practice in violation of the federal Fair Housing Act, United States Code, title 42, section 3601, et seq.

Sec. 18. [363.33] [FAIR HOUSING GRANTS.]

Subdivision 1. [GENERAL.] The commissioner may make grants to eligible organizations for fair housing activities to prevent or eliminate housing discrimination as provided in this section.

Subd. 2. [ENFORCEMENT GRANTS.] The commissioner may make grants to eligible organizations to remedy housing discrimination through complaint intake, investigation, and legal representation of persons alleging housing discrimination.

Subd. 3. [EDUCATION, OUTREACH GRANTS.] The commissioner may make grants to eligible organizations to:

(1) provide public education concerning fair housing;

(2) undertake outreach efforts to build community support for fair housing;

(3) undertake testing and community auditing for housing discrimination; and

(4) perform other fair housing and housing discrimination research.

Testing for housing discrimination funded by grants made under this section may be conducted only by persons trained in testing techniques and may not be conducted by a person convicted of a felony or other crime involving fraud or dishonesty.

Sec. 19. Minnesota Statutes 1996, section 609A.03, subdivision 2, is amended to read:

Subd. 2. [CONTENTS OF PETITION.] A petition for expungement shall be signed under oath by the petitioner and shall state the following:

(1) the petitioner's full name and all other legal names or aliases by which the petitioner has been known at any time;

(2) the petitioner's date of birth;

(3) all of the petitioner's addresses from the date of the offense or alleged offense in connection with which an expungement order is sought, to the date of the petition;

(4) why expungement is sought, if it is for employment or licensure purposes, the statutory or other legal authority under which it is sought, and why it should be granted;

(5) the details of the offense or arrest for which expungement is sought, including date and jurisdiction of the occurrence, court file number, and date of conviction or of dismissal;

(6) in the case of a conviction, what steps the petitioner has taken since the time of the offense toward personal rehabilitation, including treatment, work, or other personal history that demonstrates rehabilitation;

(7) petitioner's criminal conviction record indicating all convictions for misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable convictions in any other state, federal court, or foreign country, whether the convictions occurred before or after the arrest or conviction for which expungement is sought; and

(8) petitioner's criminal charges record indicating all prior and pending criminal charges against the petitioner in this state or another jurisdiction, including all criminal charges that have been continued for dismissal or stayed for adjudication, or have been the subject of pretrial diversion; and

(9) all prior requests by the petitioner, whether for the present offense or for any other offenses, in this state or any other state or federal court, for pardon, return of arrest records, or expungement or sealing of a criminal record, whether granted or not, and all stays of adjudication or imposition of sentence involving the petitioner.

Sec. 20. Minnesota Statutes 1997 Supplement, section 504.181, subdivision 1, is amended to read:

Subdivision 1. [TERMS OF COVENANT.] In every lease or license of residential premises, whether in writing or parol, the lessor or licensor and the lessee or licensee covenant that:

(1) neither will:

(i) unlawfully allow controlled substances in those premises or in the common area and curtilage of the premises;

(ii) allow prostitution or prostitution-related activity as defined in section 617.80, subdivision 4, to occur on the premises or in the common area and curtilage of the premises; or

(iii) allow the unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a, 609.67, or 624.713, on the premises or in the common area and curtilage of the premises; or

(iv) allow stolen property or property obtained by robbery in those premises or in the common area and curtilage of the premises; and

The covenant is not violated when a person other than the lessor or licensor or the lessee or licensee possesses or allows controlled substances in the premises, common area, or curtilage, unless the lessor or licensor or the lessee or licensee knew or had reason to know of that activity.

Sec. 21. [626.74] [COMPENSATION FOR DAMAGE CAUSED BY PEACE OFFICERS IN PERFORMING LAW ENFORCEMENT DUTIES.]

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

(1) "just compensation" means the compensation owed to an innocent third party under the state constitution by a Minnesota local government unit due to property damage caused by a peace officer, acting without negligence, in the course of executing a search warrant or apprehending a criminal suspect; and

(2) "peace officer" has the meaning given in section 626.84.

Subd. 2. [RESPONSIBLE GOVERNMENT UNIT; EXECUTION OF SEARCH WARRANT.] If just compensation is owed for damage caused in the execution of a search warrant or the apprehension of a criminal suspect, the Minnesota local government unit employing the peace officer who sought issuance of the warrant or initiated the apprehension is responsible for paying the compensation. If the search warrant is executed or the apprehension is accomplished by a peace officer from another Minnesota local government unit in aid of the officer originating the warrant or initiating the apprehension, the primary responsibility for paying just compensation remains with the Minnesota local government unit employing the officer who originated the warrant or initiated the apprehension.

Sec. 22. [626.92] [ENFORCEMENT AUTHORITY; FOND DU LAC BAND OF LAKE SUPERIOR CHIPPEWA.]

Subdivision 1. [DEFINITION.] As used in this section, "band" means the Fond du Lac Band of Lake Superior Chippewa, a federally recognized Indian tribe organized pursuant to the Indian Reorganization Act of 1934, 25 United States Code, section 476, and which occupies the Fond du Lac reservation pursuant to the Treaty of LaPointe, 10 Stat. 1109.

Subd. 2. [LAW ENFORCEMENT AGENCY.] (a) The band has the powers of a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (h), if all of the requirements of clauses (1) to (4) and paragraph (b) are met:

(1) the band agrees to be subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment or duties arising out of the law enforcement agency powers conferred by this section to the same extent as a municipality under chapter 466, and the band further agrees, notwithstanding section 16B.06, subdivision 6, to waive its sovereign immunity for purposes of claims arising out of this liability;

(2) the band files with the board of peace officer standards and training a bond or certificate of insurance for liability coverage for the maximum amounts set forth in section 466.04 or establishes that liability coverage exists under the Federal Torts Claims Act, 28 United States Code, section 1346(b), et. al., as extended to the band pursuant to the Indian Self-Determination and Education Assistance Act of 1975, 25 United States Code, section 450f(c);

(3) the band files with the board of peace officer standards and training a certificate of insurance for liability of its law enforcement officers, employees, and agents for lawsuits under the United States Constitution or establishes that liability coverage exists under the Federal Torts Claims Act, 28 United States Code, section 1346(b) et al., as extended to the band pursuant to the Indian Self-Determination and Education Assistance Act of 1975, 25 United States Code, section 450F(c); and

(4) the band agrees to be subject to section 13.82 and any other laws of the state relating to data practices of law enforcement agencies.

(b) By July 1, 1998, the band shall enter into written mutual aid or cooperative agreements with the Carlton county sheriff, the St. Louis county sheriff, and the city of Cloquet under section 471.59 to define and regulate the provision of law enforcement services under this section. The agreements must define the following:

(2) the responsibilities of the county sheriffs;

(3) the responsibilities of the county attorneys; and

(4) the responsibilities of the city of Cloquet city attorney and police department.

Subd. 3. [CONCURRENT JURISDICTION.] The band shall have concurrent jurisdictional authority under this section with the Carlton county and St. Louis county sheriffs' departments over crimes committed within the boundaries of the Fond du Lac reservation as indicated by the mutual aid or cooperative agreements entered into under subdivision 2, paragraph (b), and any exhibits or attachments to those agreements.

Subd. 4. [PEACE OFFICERS.] If the band complies with the requirements set forth in subdivision 2, the band is authorized to appoint peace officers, as defined in section 626.84, subdivision 1, paragraph (c), who have the same powers as peace officers employed by local units of government.

Subd. 5. [EFFECT ON FEDERAL LAW.] Nothing in this section shall be construed to restrict the band's authority under federal law.

Subd. 6. [CONSTRUCTION.] This section is limited to law enforcement authority only, and nothing in this section shall affect any other jurisdictional relationships or disputes involving the band.

Sec. 23. [STUDY.]

The commissioner of public safety shall study the issue of licensing private fire investigators and report findings to the chairs of the senate crime prevention and house judiciary committees by January 15, 1999.

Sec. 24. [CONVEYANCE OF STATE LAND TO CITY OF FARIBAULT.]

Subdivision 1. [CONVEYANCE.] Notwithstanding Minnesota Statutes, sections 92.45 and 94.09 to 94.16, the commissioner of administration shall convey to the city of Faribault for no consideration the land described in subdivision 3.

Subd. 2. [FORM.] The conveyance must be in a form approved by the attorney general and must provide that the land reverts to the state if Parcels A and B cease to be used for a nature interpretive center and recreational trail system or if Parcel C ceases to be used for a municipal park.

Subd. 3. [DESCRIPTION.] (a) The land to be conveyed are those parts of Section 31, 32, and 33 in Township 110 North, Range 20 West, and those parts of Sections 4, 5, 6, and 8 in Township 109 North, Range 20 West, in the city of Faribault, Rice county, Minnesota, described as follows:

4 seconds West, along the North line of said Block 1, a distance of 111.58 feet to the Northwest corner of said Block 1; thence South 11 degrees, 41 minutes, 14 seconds East, along the West line of said Block 1, a distance of 202.66 feet; thence South 12 degrees, 51 minutes, 4 seconds East, along said westerly line of Block 1, a distance of 349.14 feet to the Southwest corner of said Block 1; thence South 74 degrees, 6 minutes, 4 seconds East, along the southerly line of said Block 1, a distance of 205.26 feet; thence South 82 degrees, 21 minutes, 4 seconds East, along said southerly line of Block 1, a distance of 106.92 feet to the Southeast corner of said Block 1; thence South 38 degrees, 13 minutes, 56 seconds West, 194.00 feet; thence South 0 degrees, 13 minutes, 56 seconds West, 1000.00 feet; thence South 46 degrees, 15 minutes, 16 seconds West, 626.46 feet to said point of beginning;

Northwest Quarter of Section 8; thence North 42 degrees, 10 minutes, 22 seconds East, 308.20 feet; thence North 62 degrees, 10 minutes, 22 seconds East, 205.00 feet to a point in the West line of the Southeast Quarter of the Southwest Quarter of said Section 5; thence North 0 degrees, 40 minutes, 22 seconds East, along said West line, 410.33 feet to a point in the center line of said Straight river; thence northwesterly along said river center line on the following 5 courses: (1) North 54 degrees, 15 minutes, 52 seconds West, 456.31 feet; (2) North 32 degrees, 45 minutes, 20 seconds West, 850.19 feet; (3) North 6 degrees, 42 minutes, 35 seconds East, 513.52 feet; (4) North 67 degrees, 45 minutes, 4 seconds West, 356.55 feet; (5) South 88 degrees, 6 minutes, 43 seconds West, 200.73 feet to a point in the West line of the Southwest Quarter of said Section 5; thence North 0 degrees, 44 minutes, 44 seconds East, along said West line, 307.02 feet to the Southwest corner of the Northwest Quarter of said Section 5; thence North 0 degrees, 37 minutes, 43 seconds East, along the West line of said Northwest Quarter of Section 5, a distance of 264.00 feet; thence North 30 degrees, 52 minutes, 17 seconds West, 396.00 feet; thence North 49 degrees, 52 minutes, 17 seconds West, 178.86 feet; thence South 51 degrees, 7 minutes, 43 seconds West, 264.00 feet; thence North 81 degrees, 22 minutes, 17 seconds West, 198.00 feet; thence North 48 degrees, 22 minutes, 17 seconds West, 132.00 feet to a point in the center line of said Straight river; thence northerly and westerly along said river center line on the following 4 courses: (1) North 19 degrees, 25 minutes, 39 seconds East, 131.22 feet; (2) North 42 degrees, 27 minutes, 59 seconds West, 399.91 feet; (3) North 85 degrees, 54 minutes, 52 seconds West, 280.71 feet; (4) North 5 degrees, 57 minutes, 52 seconds West, 229.98 feet to a point in the North line of the South One-half of the Northeast Quarter of said Section 6; thence South 89 degrees, 55 minutes, 31 seconds East, along said North line, 721.93 feet; thence North 29 degrees, 34 minutes, 29 seconds East, 384.78 feet; thence North 47 degrees, 4 minutes, 29 seconds East, 195.36 feet; thence South 86 degrees, 25 minutes, 31 seconds East, 108.44 feet to a point in the southwesterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific railroad; thence southeasterly along said railroad right-of-way line on a curve, concave northeasterly (curve data: delta angle = 0 degrees, 43 minutes, 5 seconds; radius = 2964.77 feet; chord bearing and distance = South 23 degrees, 57 minutes, 58 seconds East, 37.16 feet), an arc distance of 37.16 feet; thence North 65 degrees, 40 minutes, 30 seconds East, 200.00 feet to a point in the northeasterly right-of-way line of said railroad; thence South 78 degrees, 31 minutes, 31 seconds East, 644.57 feet; thence South 41 degrees, 58 minutes, 52 seconds East, 980.53 feet to a point in a line 49.50 feet westerly from and parallel with the East line of the Southwest Quarter of the Northwest Quarter of said Section 5; thence South 0 degrees, 36 minutes, 52 seconds West, along said parallel line, 1003.61 feet to a point in the North line of the Northwest Quarter of the Southwest Quarter of said Section 5; thence South 0 degrees, 40 minutes, 22 seconds West, along a line parallel with and 49.50 feet westerly of the East line of said Northwest Quarter of the Southwest Quarter of Section 5, a distance of 86.04 feet; thence South 66 degrees, 3 minutes, 0 seconds West, 600.24 feet; thence South 9 degrees, 16 minutes, 10 seconds West, 117.00 feet; thence South 55 degrees, 34 minutes, 0 seconds East, 451.30 feet; thence South 80 degrees, 13 minutes, 0 seconds East, 257.20 feet to a point in a line 16.50 feet easterly from and parallel with the West line of the Northeast Quarter of the Southwest Quarter of said Section 5; thence North 0 degrees, 40 minutes, 22 seconds East, along said parallel line, 410.00 feet; thence South 89 degrees, 19 minutes, 38 seconds East, 190.00 feet; thence North 0 degrees, 40 minutes, 22 seconds East, 200.00 feet; thence North 89 degrees, 19 minutes, 38 seconds West, 190.00 feet to a point in said line 16.50 feet easterly from and parallel with the West line of the Northeast Quarter of the Southwest Quarter of said Section 5; thence North 0 degrees, 40 minutes, 22 seconds East, along said parallel line, 133.39 feet to a point in the South line of the Southeast Quarter of the Northwest Quarter of said Section 5; thence North 0 degrees, 36 minutes, 52 seconds East, along a line parallel with and 16.50 feet easterly of the West line of said Southeast Quarter of the Northwest Quarter of Section 5, a distance of 720.09 feet; thence South 89 degrees, 14 minutes, 13 seconds East, 1302.89 feet to a point in the East line of said Southeast Quarter of the Northwest Quarter of Section 5; thence South 89 degrees, 30 minutes, 56 seconds East, 70.81 feet; thence North 40 degrees, 24 minutes, 41 seconds East, 564.03 feet; thence North 18 degrees, 38 minutes, 14 seconds West, 124.13 feet; thence North 2 degrees, 6 minutes, 24 seconds East, 187.00 feet; thence North 23 degrees, 19 minutes, 8 seconds East, 108.46 feet to a point designated as Point A; thence North 56 degrees, 4 minutes, 42 seconds East, 446.55 feet; thence North 52 degrees, 19 minutes, 41 seconds East, 270.10 feet; thence North 2 degrees, 38 minutes, 16 seconds West, 500.00 feet; thence along a tangential curve, concave westerly (curve data: delta angle = 23 degrees, 14 minutes, 51 seconds; radius = 500.00 feet; chord bearing and distance = North 14 degrees, 15 minutes, 41 seconds West, 201.48 feet), an arc distance of 202.87 feet to said point of beginning; and

of Tenth Avenue Northeast, 360.00 feet; thence North 89 degrees, 18 minutes, 51 seconds West, 826.98 feet to a point in the East line of vacated State Avenue; thence North 0 degrees, 4 minutes, 9 seconds East, along said East line of vacated State Avenue, 360.00 feet to the Southwest corner of said Block 1; thence South 89 degrees, 18 minutes, 51 seconds East, along the South line of said Block 1, 826.98 feet to said true point of beginning.

(b) The following land is excepted from the land described in paragraph (a):

(1) Parcel D: That part of the North One-half of the Northeast Quarter of Section 6 and that part of the North One-half of the Northwest Quarter of Section 5, all in Township 109 North, Range 20 West, in the city of Faribault, Rice county, Minnesota, described as follows: Beginning at a point in the East line of said Northeast Quarter of Section 6 (for purposes of this description bearings are assumed and based on said East line being South 0 degrees, 37 minutes, 43 seconds West), a distance of 1309.61 feet southerly from the Northeast corner of said Northeast Quarter; thence South 86 degrees, 27 minutes, 58 seconds West, 153.73 feet; thence North 0 degrees, 13 minutes, 34 seconds East, 252.29 feet; thence South 89 degrees, 34 minutes, 30 seconds East, 82.53 feet to a point in the southwesterly right-of-way line of the Chicago, Rock Island and Pacific railroad; thence southeasterly, along said railroad right-of-way line, on a curve, concave northeasterly (curve data: radius = 2914.77 feet; delta angle = 5 degrees, 27 minutes, 8 seconds; chord bearing and distance = South 30 degrees, 58 minutes, 52 seconds East, 277.26 feet), an arc distance of 277.37 feet; thence South 86 degrees, 27 minutes, 58 seconds West, 72.95 feet to said point of beginning; and

(2) the property deeded to the Chicago, Rock Island and Pacific railroad, and City of Faribault Trail.

(c) The land described in paragraph (a) is subject to:

(1) Glynview Trail (county state aid highway 19) over the southwesterly side thereof;

(2) 220th Street East over part of the southerly side of Section 5;

(3) Fifth Street Northeast over part of the northerly side of the South One-quarter of the Southeast Quarter of Section 32;

(4) an easement for ingress and egress over and across Parcel B, said easement being a strip of land 30.00 feet in width lying immediately adjacent to and southwesterly of the southwesterly right-of-way line of said Chicago, Rock Island and Pacific railroad, bounded on the North by the southerly line of Parcel D, and bounded on the East by a line 49.50 feet westerly of and parallel with said East line of the Southwest Quarter of the Northwest Quarter of Section 5; and

(5) an easement for access to and maintenance of a deep sewer tunnel over, under, and across part of Parcel B, being a strip of land 100.00 feet in width, 50.00 feet on both sides of the following described center line: Commencing at said Point A in Parcel B; thence North 56 degrees, 4 minutes, 42 seconds East, 267.00 feet to the point of beginning of said easement center line; thence South 53 degrees, 14 minutes, 0 seconds East, 300.00 feet and there terminating; the side lines of said easement to be lengthened or shortened to meet in said course herein described as North 56 degrees, 4 minutes, 42 seconds East.

Subd. 4. [PURPOSE.] The land to be conveyed is no longer utilized by the department of corrections in Faribault. The city of Faribault intends to continue to use Parcels A and B for a nature interpretive center and recreational trail system and Parcel C for a municipal park.

Sec. 25. Laws 1996, chapter 365, section 3, is amended to read:

Sec. 3. [REPEALER.]

Section 2 is repealed when the project is completed, or June 30, 1998 2000, whichever occurs earlier.

Sec. 26. [REPEALER.]

Sec. 27. [EFFECTIVE DATE.]

Section 25 is effective the day following final enactment. Section 22 is effective upon its acceptance by the boards of commissioners of Carlton and St. Louis counties and the city council of the city of Cloquet, but only if those acceptances occur on or before July 1, 1998.

Sections 3 to 6, and 8 are effective July 1, 1998, and apply to motor vehicle registration actions and driver's license reinstatement actions occurring on or after that date."

Delete the title and insert:

"A bill for an act relating to crime prevention and judiciary finance; appropriating money for the judicial branch, public safety, corrections, criminal justice, crime prevention, and related purposes; prescribing, clarifying, and modifying penalties; modifying various fees, assessments, and surcharges; implementing, clarifying, and modifying certain criminal and juvenile provisions; providing for the collection, maintenance, and reporting of certain data; implementing, clarifying, and modifying conditions of pretrial and conditional release; modifying the authority of the commissioner of corrections; providing services for disasters; clarifying and modifying laws involving public defenders; conveying state land to the city of Faribault; requiring a fair housing study; amending Minnesota Statutes 1996, sections 12.09, by adding a subdivision; 13.99, by adding a subdivision; 152.01, subdivision 16a; 152.021, as amended; 152.022, as amended; 152.0261, by adding a subdivision; 152.096, subdivision 1; 168.042, subdivisions 12 and 15; 169.121, subdivision 5a; 171.16, subdivision 3; 241.01, subdivision 7, and by adding a subdivision; 241.05; 242.195, subdivision 1; 242.32, subdivision 1; 243.05, subdivision 1; 243.166, subdivisions 1 and 5; 243.51, by adding a subdivision; 244.05, subdivisions 4, 5, and 7; 260.015, subdivision 21; 260.131, by adding a subdivision; 260.155, subdivision 1; 260.165, by adding a subdivision; 260.255; 260.315; 299C.06; 299C.09; 299F.04, by adding a subdivision; 299M.01, subdivision 7; 299M.02; 299M.03, subdivisions 1 and 2; 299M.04; 299M.08; 299M.12; 357.021, by adding subdivisions; 390.11, subdivision 2; 401.02, by adding a subdivision; 488A.03, subdivision 11; 588.01, subdivision 3; 588.20; 609.01, subdivision 1; 609.095; 609.11, subdivision 5; 609.135, subdivision 7, and by adding a subdivision; 609.145, by adding a subdivision; 609.185; 609.19, subdivision 1; 609.229, subdivisions 2 and 3; 609.322, subdivisions 1, 1a, and by adding a subdivision; 609.3241; 609.341, subdivisions 11 and 12; 609.342, subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 609.3451, subdivision 3; 609.3461, subdivisions 1 and 2; 609.347, subdivisions 1, 2, 3, 5, and 6; 609.348; 609.49, subdivision 1; 609.50, subdivision 2; 609.582; 609.66, subdivision 1e; 609.748, subdivisions 3 and 4; 609.749, subdivision 3; 609A.03, subdivision 2; 611.14; 611.20, subdivision 3; 611.216, subdivision 1a; 611.26, subdivisions 2, 3, 3a, and 9; 611.27, subdivisions 1, 2, and 7; 617.23; 629.34, subdivision 1; 629.53; 629.715, subdivision 1; 631.045; and 634.20; Minnesota Statutes 1997 Supplement, sections 97A.065, subdivision 2; 168.042, subdivision 11a; 169.123, subdivision 5c; 169.14, subdivision 5d; 171.29, subdivision 2; 241.015; 241.277, subdivision 9; 242.192; 242.32, subdivision 4; 243.166, subdivision 4; 243.51, subdivisions 1 and 3; 244.19, by adding a subdivision; 260.015, subdivision 2a; 260.161, subdivision 2; 260.165, subdivision 1; 299C.095, subdivision 1; 357.021, subdivision 2; 401.01, subdivision 2; 401.13; 504.181, subdivision 1; 518B.01, subdivision 14; 609.101, subdivision 5; 609.11, subdivision 9; 609.135, subdivision 1; 609.15, subdivision 1; 609.52, subdivision 3; 609.749, subdivision 2; 611.25, subdivision 3; and 611.27, subdivision 4; Laws 1996, chapter 365, section 3; Laws 1997, chapter 239, article 1, section 7, subdivision 8, section 12, subdivision 3; article 4, section 15; article 9, section 43; article 10, sections 1 and 19; proposing coding for new law in Minnesota Statutes, chapters 152; 169; 241; 244; 299C; 363; 401; 609; 611A; 626; 629; 630; and 631; repealing Minnesota Statutes 1996, sections 260.261; 299M.05; 299M.11, subdivision 3; 401.02, subdivision 4; 609.101, subdivision 1; 609.1352; 609.152; 609.184; 609.196; 609.322, subdivisions 2 and 3; 609.323; 609.346; 609.563, subdivision 2; and 626.861; Minnesota Statutes 1997 Supplement, sections 243.51, subdivision 4; and 244.19, subdivision 4; Laws 1997, chapter 239, article 9, section 44."

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

The report was adopted.

S. F. Nos. 1001, 1076, 2351, 2354, 2368, 2373, 2457, 2574, 2669, 2699, 2729 and 3298 were read for the second time.

The following House Files were introduced:

Carlson, Carruthers and Gunther introduced:

H. F. No. 3798, A bill for an act relating to taxes; sales and use tax; exempting construction materials and supplies used in restoring the Earle Brown Heritage Center; amending Minnesota Statutes 1996, section 297A.25, by adding a subdivision.

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

Osthoff, for the Committee on Environment, Natural Resources and Agriculture Finance, introduced:

H. F. No. 3799, A bill for an act relating to the organization and operation of state government; appropriating money for environmental, natural resource, and agricultural purposes; providing for regulation of certain activities and practices; amending Minnesota Statutes 1996, sections 17.59, subdivision 4; 35.82, subdivision 2; 41A.09, subdivision 1a; 84.871; 84.943, subdivision 3; 86B.313, subdivision 3, and by adding subdivisions; 86B.415, by adding a subdivision; 89A.03, subdivision 1; 90.193; 93.002, subdivision 1; 103F.155, subdivision 2; 103F.161, subdivision 2; 103G.271, subdivision 6; 116.011; 116.07, by adding a subdivision; 308A.131, subdivision 1; and 308A.705, subdivision 3; Minnesota Statutes 1997 Supplement, sections 41A.09, subdivision 3a; 115.55, subdivision 5a; 116.07, subdivision 7; 116.18, subdivision 3c; and 308A.705, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 17; 85; 86B; and 116; proposing coding for new law as Minnesota Statutes, chapter 18G.

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

Westfall introduced:

H. F. No. 3800, A bill for an act relating to appropriations; authorizing state bonds; appropriating money for upgrade of the Pelican Rapids library.

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

Long introduced:

H. F. No. 3801, A bill for an act relating to taxation; authorizing the city of Minneapolis to impose a property tax on certain transit zone property.

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

Skare; Otremba, M.; Johnson, R.; Tomassoni and Hilty introduced:

H. F. No. 3802, A bill for an act relating to taxation; exempting sales of new farm machinery from the sales tax; amending Minnesota Statutes 1996, section 297A.02, subdivision 2; Minnesota Statutes 1997 Supplement, section 297A.25, subdivision 59.

Solberg introduced:

H. F. No. 3803, A bill for an act relating to income taxation and higher education; extending the number of years of education provided by the state to 13; proposing coding for new law in Minnesota Statutes, chapters 135A; and 290.

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

Peterson and McCollum introduced:

H. F. No. 3804, A bill for an act relating to income taxation and higher education; extending the number of years of education provided by the state to 13; proposing coding for new law in Minnesota Statutes, chapters 135A; and 290.

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

Abrams and Macklin introduced:

H. F. No. 3805, A bill for an act relating to taxation; modifying property tax class rates; providing a property tax rebate; changing state aid; increasing credits; reducing the general education tax levy; modifying the property tax base; conforming to federal tax law; allowing one-time deductions for items of nonconformity to federal law for prior tax years; advancing effective dates of sales tax exemptions and an income tax credit; repealing the accelerated payment of June sales tax; providing priorities for using forecast surpluses for tax reductions and reform; appropriating money; amending Minnesota Statutes 1996, sections 273.112, subdivision 7a; 273.1398, subdivision 2; 289A.18, subdivision 4; 289A.20, subdivision 4; 289A.60, subdivision 21; 290.01, subdivision 19e; 290.06, subdivision 2c, and by adding a subdivision; 290.067, subdivision 2a; 290.0921, subdivision 3a; 290A.03, subdivision 3; 477A.0122, subdivision 6; and 477A.03, subdivision 2; Minnesota Statutes 1997 Supplement, sections 16A.152, subdivision 2; 124.315, subdivisions 4 and 5; 273.127, subdivision 3; 273.13, subdivisions 22, 23, 24, 25, as amended, 31, and 32; 273.1382, subdivision 1; 289A.02, subdivision 7; 290.01, subdivisions 19, 19a, 19b, 19c, 19g, and 31; 290.0671, subdivision 1; 290.0674, subdivision 2; 290A.03, subdivision 15; and 291.005, subdivision 1; Laws 1997, chapter 231, article 5, section 20; and article 7, section 47; proposing coding for new law in Minnesota Statutes, chapters 16A; and 290; repealing Minnesota Statutes 1996, sections 273.11, subdivisions 6a and 15; 273.124, subdivision 17; and 273.1315.

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

Trimble, Gunther, Jaros, Kubly and Mullery introduced:

H. F. No. 3806, A bill for an act relating to economic development; appropriating money for economic development and related purposes; modifying provisions of a study; requiring reports; establishing pilot projects; providing an exemption from grant limits; defining terms; setting requirements for wastewater financial assistance; modifying loan criteria; modifying supplemental assistance provisions; establishing a revolving loan fund; modifying warranty provisions; requiring builders to make certain disclosures; establishing a public education campaign for homeowners' rights; providing for an employee notice of rights; modifying false statement provisions; providing exemptions from reemployment insurance requirements; modifying labor provisions for city attorneys; modifying reinvestment program provisions; extending boundaries; modifying a public utility mandate; amending Minnesota Statutes 1996, sections 16B.06, subdivision 2; 16B.08, subdivision 7; 16B.65, subdivision 7; 115C.09, by adding a subdivision; 116.182, subdivision 1, and by adding a subdivision; 116J.415, subdivision 5; 116J.553, subdivision 2; 116L.03, subdivision 5; 179A.16, subdivisions 1, 3, 9, and by adding a subdivision; 179A.18, subdivision 1; 181.64; 216B.2423, subdivision 1; 326.87, subdivision 2; 326.975, subdivision 1; 327A.01, subdivisions 2 and 5; 327A.02, subdivisions 1 and 3; 327A.03; 383B.79, subdivision 1, and by adding a subdivision; 446A.072, subdivisions 2 and 4; 469.303; and 541.051, subdivisions 1 and 4; Minnesota Statutes 1997 Supplement, sections 115C.09, subdivision 3f; and 414.11; Laws 1997, chapter 85, article 1, section 39, subdivision 4; Laws 1997, chapter 200, article 1, section 2, subdivision 2; section 12, subdivision 2; section 33, subdivision 1, and by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 116J; and 181; repealing Minnesota Statutes 1996, section 116C.80; Minnesota Statutes 1997 Supplement, section 446A.072, subdivision 4a; Laws 1991, chapter 275, section 3.

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

The following message was received from the Senate:

Mr. Speaker:

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

S. F. Nos. 2087, 1151, 2495, 3354 and 3367.

Patrick E. Flahaven, Secretary of the Senate

S. F. No. 2087, A bill for an act relating to crime; authorizing a county attorney to file a juvenile petition, alleging a child to be both delinquent and in need of protection or services in cases where a child is involved in prostitution; increasing criminal penalties for certain prostitution offenses; requiring the collection of information on the investigation and prosecution of certain prostitution crimes and the use of penalty assessments imposed on prostitution offenders; requiring reports to the legislature; amending Minnesota Statutes 1996, sections 260.131, by adding a subdivision; and 609.322, subdivisions 1, 1a, 2, and by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 1996, sections 609.322, subdivision 3; and 609.323.

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

S. F. No. 1151, A bill for an act relating to probate; changing provisions on appointment of guardians and conservators; amending Minnesota Statutes 1996, section 525.591.

The bill was read for the first time.

Leighton moved that S. F. No. 1151 and H. F. No. 1414, now on General Orders, be referred to the Chief Clerk for comparison. The motion prevailed.

S. F. No. 2495, A bill for an act relating to corrections; modifying requirement to allow inmates to participate in religious activities; providing for autopsies at correctional institutions; exempting the campus at the state juvenile correctional facility at Red Wing from the 100-bed limitation for long-term residential secure programming; including at-risk youth and girls in the Camp Ripley weekend camp; amending Minnesota Statutes 1996, sections 241.05; and 390.11, subdivision 2; Minnesota Statutes 1997 Supplement, section 242.32, subdivision 4; Laws 1997, chapter 239, article 1, section 12, subdivision 3.

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

and 469.177, subdivision 11; Minnesota Statutes 1997 Supplement, sections 16A.11, subdivision 1; 120.0111; 241.01, subdivision 3b; and 245.03, subdivision 2; Laws 1994, chapter 632, article 3, section 12, as amended; Laws 1997 chapter 202, article 1, section 11; and Laws 1997, Second Special Session chapter 2, section 8; proposing coding for new law in Minnesota Statutes, chapters 16B; 214; and 325G; repealing Minnesota Statutes 1996, sections 3.971, subdivision 3; 15.90; 15.91; and 15.92; Minnesota Statutes 1997 Supplement, sections 16A.11, subdivision 3c; and 241.015.

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

S. F. No. 3367, A bill for an act relating to economic development; appropriating money for housing, economic development, and related purposes; establishing pilot projects; providing for a municipal reimbursement; modifying certain loan criteria; requiring studies; establishing a revolving loan fund; requiring the commissioner of labor and industry to provide a brochure; regulating housing; uniform acts; unclaimed property; enacting the Uniform Unclaimed Property Act of 1995; making conforming changes; providing for the Minnesota family assets for independence initiative; amending Minnesota Statutes 1996, sections 16A.45, subdivisions 1 and 4; 80C.03; 116J.415, subdivision 5; 198.231; 276.19, subdivision 4; 308A.711, subdivisions 1 and 2; 356.65, subdivision 2; 462A.222, subdivision 3; 474A.061, subdivision 2a; and 624.68; Minnesota Statutes 1997 Supplement, sections 16A.6701, subdivision 1; 116J.421, subdivision 1, and by adding a subdivision; and 462A.05, subdivision 39; proposing coding for new law in Minnesota Statutes, chapters 116J; 181; 345; and 471; proposing coding for new law as Minnesota Statutes, chapter 119C; repealing Minnesota Statutes 1996, sections 345.31; 345.32; 345.33; 345.34; 345.35; 345.36; 345.37; 345.38; 345.381; 345.39; 345.40; 345.41; 345.42; 345.43; 345.44; 345.45; 345.46; 345.47; 345.485; 345.49; 345.50; 345.51; 345.515; 345.52; 345.525; 345.53; 345.54; 345.55; 345.56; 345.57; 345.58; 345.59; and 345.60; Minnesota Statutes 1997 Supplement, section 345.48.

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

S. F. No. 2302 was reported to the House.

Kuisle moved that S. F. No. 2302 be placed on General Orders. The motion prevailed.

Pursuant to rule 1.10 Solberg requested immediate consideration of S. F. No. 2532.

S. F. No. 2532 was reported to the House.

Sviggum moved to amend S. F. No. 2532, the second unofficial engrossment, as follows:

Page 22, delete lines 15 to 36

Page 23, delete lines 1 to 36

Page 24, delete lines 1 to 9

Renumber the sections in sequence and correct internal references

Amend the title accordingly

The question was taken on the Sviggum amendment and the roll was called. There were 53 yeas and 80 nays as follows:

Those who voted in the affirmative were:

Abrams	Davids	Holsten	Macklin	Pawlenty	Tingelstad
Anderson, B.	Dehler	Kielkucki	Mares	Reuter	Tuma
Bishop	Dempsey	Knight	McElroy	Rifenberg	Van Dellen
Boudreau	Erickson	Knoblach	Milbert	Seagren	Vandeveer
Bradley	Finseth	Kraus	Molnau	Seifert	Weaver
Broecker	Goodno	Krinkie	Mulder	Stanek	Westfall
Clark, J.	Gunther	Kuisle	Olson, M.	Stang	Wolf
Commers	Haas	Leppik	Ozment	Sviggum	Workman
Daggett	Harder	Lindner	Paulsen	Swenson, H.

Those who voted in the negative were:

Anderson, I.	Folliard	Kahn	McGuire	Peterson	Tomassoni
Bakk	Garcia	Kalis	Mullery	Pugh	Tompkins
Bettermann	Greenfield	Kelso	Munger	Rest	Trimble
Biernat	Greiling	Kinkel	Murphy	Rhodes	Tunheim
Carlson	Hasskamp	Koskinen	Ness	Rostberg	Wagenius
Chaudhary	Hausman	Kubly	Nornes	Rukavina	Wejcman
Clark, K.	Hilty	Larsen	Olson, E.	Schumacher	Wenzel
Dawkins	Huntley	Leighton	Opatz	Sekhon	Westrom
Delmont	Jaros	Lieder	Orfield	Skare	Winter
Dorn	Jefferson	Long	Osskopp	Skoglund	Spk. Carruthers
Entenza	Jennings	Mahon	Osthoff	Slawik
Erhardt	Johnson, A.	Mariani	Otremba, M.	Smith
Evans	Johnson, R.	Marko	Paymar	Solberg
Farrell	Juhnke	McCollum	Pelowski	Sykora

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

Boudreau moved to amend S. F. No. 2532, the second unofficial engrossment, as follows:

Page 44, delete lines 13 to 20

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 Boudreau amendment and the roll was called. There were 59 yeas and 74 nays as follows:

Those who voted in the affirmative were:

Abrams	Dehler	Knight	Molnau	Rhodes	Tompkins
Anderson, B.	Dempsey	Knoblach	Mulder	Rifenberg	Tuma
Journal of the House - 81st Day - Thursday, February 26, 1998 - Top of Page 7540
Bettermann	Erhardt	Krinkie	Ness	Rostberg	Van Dellen
Bishop	Erickson	Kuisle	Nornes	Seagren	Vandeveer
Boudreau	Finseth	Larsen	Olson, M.	Seifert	Weaver
Bradley	Goodno	Leppik	Osskopp	Smith	Westfall
Broecker	Gunther	Lindner	Ozment	Sviggum	Westrom
Clark, J.	Haas	Macklin	Paulsen	Swenson, H.	Wolf
Commers	Holsten	Mares	Pawlenty	Sykora	Workman
Daggett	Kielkucki	McElroy	Reuter	Tingelstad

Those who voted in the negative were:

Anderson, I.	Folliard	Johnson, R.	Mariani	Paymar	Stang
Bakk	Garcia	Juhnke	Marko	Pelowski	Tomassoni
Biernat	Greenfield	Kahn	McCollum	Peterson	Trimble
Carlson	Greiling	Kalis	McGuire	Pugh	Tunheim
Chaudhary	Harder	Kelso	Milbert	Rest	Wagenius
Clark, K.	Hasskamp	Kinkel	Mullery	Rukavina	Wejcman
Davids	Hausman	Koskinen	Munger	Schumacher	Wenzel
Dawkins	Hilty	Kraus	Murphy	Sekhon	Winter
Delmont	Huntley	Kubly	Olson, E.	Skare	Spk. Carruthers
Dorn	Jaros	Leighton	Opatz	Skoglund
Entenza	Jefferson	Lieder	Orfield	Slawik
Evans	Jennings	Long	Osthoff	Solberg
Farrell	Johnson, A.	Mahon	Otremba, M.	Stanek

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

Sviggum moved to amend S. F. No. 2532, the second unofficial engrossment, as follows:

Page 43, delete lines 34 to 36

Page 44, delete lines 1 to 12

Renumber the sections in sequence and correct internal references

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 35 yeas and 96 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Davids	Knight	Molnau	Rifenberg	Van Dellen
Bettermann	Dehler	Knoblach	Ness	Seagren	Westfall
Boudreau	Erickson	Kraus	Olson, M.	Seifert	Westrom
Bradley	Goodno	Krinkie	Osthoff	Stang	Wolf
Commers	Haas	Kuisle	Paulsen	Sviggum	Workman
Daggett	Harder	Lindner	Reuter	Tompkins

Those who voted in the negative were:

Abrams	Farrell	Johnson, R.	Mares	Ozment	Solberg
Anderson, I.	Finseth	Juhnke	Mariani	Pawlenty	Stanek
Bakk	Folliard	Kahn	Marko	Paymar	Swenson, H.
Biernat	Garcia	Kalis	McCollum	Pelowski	Sykora
Broecker	Greenfield	Kelso	McElroy	Peterson	Tingelstad
Carlson	Greiling	Kielkucki	McGuire	Pugh	Tomassoni
Chaudhary	Gunther	Kinkel	Milbert	Rest	Trimble
Clark, J.	Hasskamp	Koskinen	Mullery	Rhodes	Tuma
Journal of the House - 81st Day - Thursday, February 26, 1998 - Top of Page 7541
Clark, K.	Hausman	Kubly	Munger	Rostberg	Tunheim
Dawkins	Hilty	Larsen	Murphy	Rukavina	Vandeveer
Delmont	Holsten	Leighton	Nornes	Schumacher	Wagenius
Dempsey	Huntley	Leppik	Olson, E.	Sekhon	Weaver
Dorn	Jaros	Lieder	Opatz	Skare	Wejcman
Entenza	Jefferson	Long	Orfield	Skoglund	Wenzel
Erhardt	Jennings	Macklin	Osskopp	Slawik	Winter
Evans	Johnson, A.	Mahon	Otremba, M.	Smith	Spk. Carruthers

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

S. F. No. 2532 was read for the third time.

Krinkie moved that the House adjourn sine die.

A roll call was requested and properly seconded.

The question was taken on the Krinkie motion to adjourn sine die and the roll was called. There were 40 yeas and 92 nays as follows:

Those who voted in the affirmative were:

Abrams	Daggett	Krinkie	Mulder	Seagren	Tuma
Anderson, B.	Haas	Kuisle	Olson, M.	Seifert	Van Dellen
Boudreau	Harder	Larsen	Osskopp	Sviggum	Vandeveer
Bradley	Holsten	Lindner	Paulsen	Swenson, H.	Wolf
Broecker	Kielkucki	Mares	Pawlenty	Sykora	Workman
Clark, J.	Knight	McElroy	Reuter	Tingelstad
Commers	Kraus	Molnau	Rukavina	Tompkins

Those who voted in the negative were:

Anderson, I.	Evans	Johnson, A.	Mariani	Paymar	Stang
Bakk	Farrell	Johnson, R.	Marko	Pelowski	Tomassoni
Bettermann	Finseth	Juhnke	McCollum	Peterson	Trimble
Biernat	Folliard	Kahn	McGuire	Pugh	Tunheim
Carlson	Garcia	Kalis	Milbert	Rest	Wagenius
Chaudhary	Goodno	Kelso	Mullery	Rhodes	Weaver
Clark, K.	Greenfield	Kinkel	Munger	Rifenberg	Wejcman
Davids	Greiling	Knoblach	Murphy	Rostberg	Wenzel
Dawkins	Gunther	Koskinen	Ness	Schumacher	Westfall
Dehler	Hasskamp	Kubly	Nornes	Sekhon	Westrom
Delmont	Hausman	Leighton	Olson, E.	Skare	Winter
Dempsey	Hilty	Leppik	Opatz	Skoglund	Spk. Carruthers
Dorn	Huntley	Lieder	Orfield	Slawik
Entenza	Jaros	Long	Osthoff	Smith
Journal of the House - 81st Day - Thursday, February 26, 1998 - Top of Page 7542
Erhardt	Jefferson	Macklin	Otremba, M.	Solberg
Erickson	Jennings	Mahon	Ozment	Stanek

The motion did not prevail.

S. F. No. 2532, A bill for an act relating to children; clarifying certain terms and applicability of certain programs; providing for licensing assistance, outreach, and training; allowing grants for school-age child care programs; allowing certain grants for statewide adult basic education; changing child care licensing requirements for employers; providing for review of certain orders by the commissioner of children, families, and learning; establishing a cash flow account for energy assistance funds; allowing migrant and seasonal farmworkers to carry out community action programs; changing provisions for family day care licensure; appropriating money; amending Minnesota Statutes 1996, sections 119B.10, by adding a subdivision; 119B.13, subdivision 3; 119B.18, subdivision 2, and by adding subdivisions; 119B.19, subdivisions 1, 4, and by adding subdivisions; 120.1701, subdivision 5; 121.8355, by adding a subdivision; 124.26, subdivision 1c; 245A.14, subdivision 4; 256.045, subdivision 6, and by adding a subdivision; 268.52, subdivisions 1 and 2; and 268.54, subdivision 2; Minnesota Statutes 1997 Supplement, sections 119B.01, subdivision 16; 119B.061, subdivisions 1, 2, 3, and 4; 119B.075; 119B.10, subdivision 1; 119B.13, subdivision 6; 119B.21, subdivisions 2, 4, 5, and 11; 256.045, subdivision 7; 268.53, subdivision 5; and 466.01, subdivision 1; Laws 1997, chapters 162, article 1, section 18, subdivision 8; article 3, section 8, subdivision 3; and article 4, section 63, subdivisions 2 and 3; 248, section 47, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 119B; and 268.

The bill was placed upon its final passage.

The question was taken on the passage of the bill and the roll was called. There were 91 yeas and 42 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Finseth	Juhnke	McCollum	Peterson	Tingelstad
Bakk	Folliard	Kahn	McGuire	Pugh	Tomassoni
Bettermann	Garcia	Kalis	Milbert	Rest	Trimble
Biernat	Greenfield	Kelso	Mulder	Rhodes	Tunheim
Boudreau	Greiling	Kinkel	Mullery	Rostberg	Wagenius
Carlson	Gunther	Koskinen	Munger	Rukavina	Wejcman
Chaudhary	Hasskamp	Kubly	Murphy	Schumacher	Wenzel
Clark, K.	Hausman	Leighton	Ness	Sekhon	Westfall
Dawkins	Hilty	Leppik	Nornes	Skare	Westrom
Delmont	Holsten	Lieder	Olson, E.	Skoglund	Winter
Dempsey	Huntley	Long	Opatz	Slawik	Spk. Carruthers
Dorn	Jaros	Macklin	Orfield	Smith
Entenza	Jefferson	Mahon	Osthoff	Solberg
Erhardt	Jennings	Mares	Otremba, M.	Stang
Evans	Johnson, A.	Mariani	Paymar	Swenson, H.
Farrell	Johnson, R.	Marko	Pelowski	Sykora

Those who voted in the negative were:

Abrams	Daggett	Kielkucki	Lindner	Pawlenty	Tompkins
Anderson, B.	Davids	Knight	McElroy	Reuter	Tuma
Bishop	Dehler	Knoblach	Molnau	Rifenberg	Van Dellen
Bradley	Erickson	Kraus	Olson, M.	Seagren	Vandeveer
Broecker	Goodno	Krinkie	Osskopp	Seifert	Weaver
Clark, J.	Haas	Kuisle	Ozment	Stanek	Wolf
Commers	Harder	Larsen	Paulsen	Sviggum	Workman

The bill was passed and its title agreed to.

Pursuant to rule 1.10 Solberg requested immediate consideration of S. F. No. 3297.

S. F. No. 3297 was reported to the House.

With reference to S. F. No. 3297, Abrams moved that House Rule 5.11 relating to bills affecting taxes be suspended. The motion prevailed.

Osthoff was excused between the hours of 4:30 p.m. and 6:00 p.m.

Reuter moved to amend S. F. No. 3297, the second unofficial engrossment, as follows:

Page 3, after line 36, insert:

"Prior to purchasing any new technology or related equipment from appropriations under this section, the system shall ensure that purchased items are year 2000 compliant."

Page 4, after line 20, insert:

"Prior to purchasing any new technology or related equipment from appropriations under this section, the University shall ensure that purchased items are year 2000 compliant."

The motion prevailed and the amendment was adopted.

Krinkie and Olson, M., moved to amend S. F. No. 3297, the second unofficial engrossment, as amended, as follows:

Page 1, delete lines 15 and 16

Pages 7 to 10, delete Article 2

Amend the title accordingly

A roll call was requested and properly seconded.

The question was taken on the Krinkie and Olson, M., amendment and the roll was called. There were 13 yeas and 119 nays as follows:

Those who voted in the affirmative were:

Anderson, B.	Knoblach	Molnau	Tingelstad	Workman
Kielkucki	Krinkie	Olson, M.	Van Dellen
Knight	Lindner	Sviggum	Vandeveer

Those who voted in the negative were:

Abrams	Dorn	Jaros	Mahon	Paulsen	Solberg
Anderson, I.	Entenza	Jefferson	Mares	Pawlenty	Stanek
Bakk	Erhardt	Jennings	Mariani	Paymar	Stang
Bettermann	Erickson	Johnson, A.	Marko	Pelowski	Swenson, H.
Biernat	Evans	Johnson, R.	McCollum	Peterson	Sykora
Bishop	Farrell	Juhnke	McElroy	Pugh	Tomassoni
Boudreau	Finseth	Kahn	McGuire	Rest	Tompkins
Bradley	Folliard	Kalis	Milbert	Reuter	Trimble
Broecker	Garcia	Kelso	Mulder	Rhodes	Tuma
Carlson	Goodno	Kinkel	Mullery	Rifenberg	Tunheim
Chaudhary	Greenfield	Koskinen	Munger	Rostberg	Wagenius
Clark, J.	Greiling	Kraus	Murphy	Rukavina	Weaver
Clark, K.	Gunther	Kubly	Ness	Schumacher	Wejcman
Commers	Haas	Kuisle	Nornes	Seagren	Wenzel
Daggett	Harder	Larsen	Olson, E.	Seifert	Westfall
Davids	Hasskamp	Leighton	Opatz	Sekhon	Westrom
Dawkins	Hausman	Leppik	Orfield	Skare	Winter
Dehler	Hilty	Lieder	Osskopp	Skoglund	Wolf
Delmont	Holsten	Long	Otremba, M.	Slawik	Spk. Carruthers
Dempsey	Huntley	Macklin	Ozment	Smith

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

Sviggum moved to amend S. F. No. 3297, the second unofficial engrossment, as amended, as follows:

Page 1, line 28, delete "39,000,000" in both places and insert "26,500,000" in both places

Page 1, line 31, delete "38,500,000" in both places and insert "34,000,000" in both places

Page 2, line 24, delete "21,500,000" and insert "12,000,000"

Page 2, delete lines 50 to 56

Page 3, line 1, delete "(c)" and insert "(b)"

Page 3, line 19, delete "(d)" and insert "(c)"

Page 3, line 39, delete "24,250,000" and insert "22,000,000"

Page 3, delete lines 46 to 56

Page 3, line 57, delete "(c)" and insert "(b)"

Page 4, line 7, delete "(d)" and insert "(c)"

Adjust amounts accordingly

Renumber or reletter in sequence and correct internal references

Amend the title accordingly

The question was taken on the Sviggum amendment and the roll was called. There were 37 yeas and 94 nays as follows:

Those who voted in the affirmative were:

Abrams	Gunther	Krinkie	Mulder	Swenson, H.	Wolf
Anderson, B.	Haas	Kuisle	Olson, M.	Sykora	Workman
Boudreau	Harder	Larsen	Osskopp	Tingelstad
Bradley	Holsten	Lindner	Paulsen	Tompkins
Broecker	Kielkucki	Macklin	Pawlenty	Van Dellen
Commers	Knight	McElroy	Seagren	Vandeveer
Erhardt	Kraus	Molnau	Sviggum	Westrom

Those who voted in the negative were:

Anderson, I.	Erickson	Johnson, A.	Mariani	Pelowski	Solberg
Bakk	Evans	Johnson, R.	Marko	Peterson	Stanek
Bettermann	Farrell	Juhnke	McCollum	Pugh	Stang
Biernat	Finseth	Kahn	McGuire	Rest	Tomassoni
Carlson	Folliard	Kalis	Milbert	Reuter	Trimble
Chaudhary	Garcia	Kelso	Mullery	Rhodes	Tuma
Clark, J.	Goodno	Kinkel	Munger	Rifenberg	Tunheim
Clark, K.	Greenfield	Knoblach	Murphy	Rostberg	Wagenius
Daggett	Greiling	Koskinen	Ness	Rukavina	Weaver
Davids	Hasskamp	Kubly	Nornes	Schumacher	Wejcman
Dawkins	Hausman	Leighton	Olson, E.	Seifert	Wenzel
Dehler	Hilty	Leppik	Opatz	Sekhon	Westfall
Delmont	Huntley	Lieder	Orfield	Skare	Winter
Dempsey	Jaros	Long	Otremba, M.	Skoglund	Spk. Carruthers
Dorn	Jefferson	Mahon	Ozment	Slawik
Entenza	Jennings	Mares	Paymar	Smith

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

Sviggum moved to amend S. F. No. 3297, the second unofficial engrossment, as amended, as follows:

Page 2, delete lines 37 to 42

Page 2, line 43, delete "objectives." and insert:

"The legislature expects the Minnesota state colleges and universities to operate on the basis of the same system that made Minnesota and the United States of America the envy of the entire globe, the free market. Beginning with fiscal year 2000, the system office shall develop an allocation model that supports and vindicates the choices of students acting as free agents in a market for education and training in Minnesota."

A roll call was requested and properly seconded.

The question was taken on the Sviggum amendment and the roll was called. There were 43 yeas and 88 nays as follows:

Those who voted in the affirmative were:

Abrams	Gunther	Larsen	Olson, M.	Stanek	Weaver
Anderson, B.	Holsten	Leppik	Osskopp	Sviggum	Wolf
Journal of the House - 81st Day - Thursday, February 26, 1998 - Top of Page 7546
Bettermann	Kielkucki	Lindner	Paulsen	Swenson, H.	Workman
Boudreau	Knight	Mares	Pawlenty	Sykora
Bradley	Knoblach	McElroy	Reuter	Tompkins
Broecker	Kraus	Molnau	Rhodes	Tuma
Commers	Krinkie	Mulder	Rifenberg	Van Dellen
Erhardt	Kuisle	Nornes	Seagren	Vandeveer

Those who voted in the negative were:

Anderson, I.	Entenza	Huntley	Long	Ozment	Solberg
Bakk	Erickson	Jaros	Macklin	Paymar	Stang
Biernat	Evans	Jefferson	Mahon	Pelowski	Tingelstad
Bishop	Farrell	Jennings	Mariani	Peterson	Tomassoni
Carlson	Finseth	Johnson, A.	Marko	Pugh	Trimble
Chaudhary	Folliard	Johnson, R.	McCollum	Rest	Tunheim
Clark, J.	Garcia	Juhnke	McGuire	Rostberg	Wagenius
Clark, K.	Goodno	Kahn	Milbert	Rukavina	Wejcman
Daggett	Greenfield	Kalis	Mullery	Schumacher	Wenzel
Davids	Greiling	Kelso	Munger	Seifert	Westfall
Dawkins	Haas	Kinkel	Murphy	Sekhon	Westrom
Dehler	Harder	Koskinen	Ness	Skare	Winter
Delmont	Hasskamp	Kubly	Olson, E.	Skoglund	Spk. Carruthers
Dempsey	Hausman	Leighton	Opatz	Slawik
Dorn	Hilty	Lieder	Otremba, M.	Smith

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

On the motion of Weaver and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:

Abrams	Entenza	Johnson, R.	Mares	Pelowski	Sykora
Anderson, B.	Erhardt	Juhnke	Mariani	Peterson	Tingelstad
Anderson, I.	Erickson	Kahn	Marko	Pugh	Tomassoni
Bakk	Evans	Kalis	McCollum	Rest	Tompkins
Bettermann	Farrell	Kelso	McElroy	Reuter	Trimble
Biernat	Finseth	Kielkucki	McGuire	Rhodes	Tuma
Bishop	Folliard	Kinkel	Milbert	Rifenberg	Tunheim
Boudreau	Garcia	Knight	Molnau	Rostberg	Van Dellen
Bradley	Goodno	Knoblach	Mulder	Rukavina	Vandeveer
Broecker	Greenfield	Koskinen	Mullery	Schumacher	Wagenius
Carlson	Greiling	Kraus	Munger	Seagren	Weaver
Chaudhary	Gunther	Krinkie	Ness	Seifert	Wejcman
Clark, J.	Haas	Kubly	Nornes	Sekhon	Wenzel
Clark, K.	Harder	Kuisle	Olson, E.	Skare	Westfall
Commers	Hasskamp	Larsen	Olson, M.	Skoglund	Westrom
Daggett	Hausman	Leighton	Opatz	Slawik	Winter
Davids	Hilty	Leppik	Osskopp	Smith	Wolf
Dawkins	Huntley	Lieder	Otremba, M.	Solberg	Workman
Dehler	Jaros	Lindner	Ozment	Stanek	Spk. Carruthers
Delmont	Jefferson	Long	Paulsen	Stang
Dempsey	Jennings	Macklin	Pawlenty	Sviggum
Dorn	Johnson, A.	Mahon	Paymar	Swenson, H.

Kielkucki; Harder; Molnau; Anderson, B.; Weaver; Olson, M., and Smith moved to amend S. F. No. 3297, the second unofficial engrossment, as amended, as follows:

Page 4, after line 20, insert:

"(e) The appropriation under this section is conditioned upon the adoption of a resolution by the board of regents stating that in hiring employees or engaging volunteers to serve in any agricultural organization for minors, including 4-H, neither the board nor the University of Minnesota Extension Service shall require these organizations to: (1) refrain from discrimination on the basis of sexual or affectational orientation, or (2) encourage or recruit individuals who are homosexual or bisexual."

A roll call was requested and properly seconded.

Skoglund moved to amend the Kielkucki et al amendment to S. F. No. 3297, the second unofficial engrossment, as amended, as follows:

Page 1, line 13, delete everything after "to"

Page 1, delete lines 14 and 15

A roll call was requested and properly seconded.

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

Winter moved that those not voting be excused from voting. The motion did not prevail.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 64 yeas and 68 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Erhardt	Jefferson	Long	Opatz	Slawik
Bakk	Evans	Jennings	Mahon	Osthoff	Solberg
Biernat	Farrell	Johnson, A.	Mariani	Paymar	Tomassoni
Bishop	Folliard	Johnson, R.	Marko	Pelowski	Trimble
Carlson	Garcia	Kahn	McCollum	Pugh	Tunheim
Chaudhary	Greenfield	Kelso	McGuire	Rest	Wagenius
Clark, K.	Greiling	Kinkel	Milbert	Rhodes	Wejcman
Dawkins	Hausman	Koskinen	Mullery	Rukavina	Winter
Delmont	Hilty	Leighton	Munger	Sekhon	Spk. Carruthers
Dorn	Huntley	Leppik	Murphy	Skare
Entenza	Jaros	Lieder	Olson, E.	Skoglund

Those who voted in the negative were:

Abrams	Erickson	Knoblach	Ness	Schumacher	Van Dellen
Anderson, B.	Finseth	Kraus	Nornes	Seagren	Vandeveer
Bettermann	Goodno	Krinkie	Olson, M.	Seifert	Weaver
Boudreau	Gunther	Kubly	Osskopp	Smith	Wenzel
Bradley	Haas	Kuisle	Otremba, M.	Stanek	Westfall
Broecker	Harder	Larsen	Ozment	Stang	Westrom
Journal of the House - 81st Day - Thursday, February 26, 1998 - Top of Page 7548
Clark, J.	Hasskamp	Lindner	Paulsen	Sviggum	Wolf
Commers	Holsten	Macklin	Pawlenty	Swenson, H.	Workman
Daggett	Juhnke	Mares	Peterson	Sykora
Davids	Kalis	McElroy	Reuter	Tingelstad
Dehler	Kielkucki	Molnau	Rifenberg	Tompkins
Dempsey	Knight	Mulder	Rostberg	Tuma

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

Orfield was excused for the remainder of today's session.

Dawkins moved to amend the Kielkucki et al amendment to S. F. No. 3297, the second unofficial engrossment, as amended, as follows:

Page 1, delete lines 4 to 6 and insert "(e) a resolution shall be adopted by the board"

A roll call was requested and properly seconded.

The question was taken on the amendment to the amendment and the roll was called. There were 53 yeas and 79 nays as follows:

Those who voted in the affirmative were:

Bakk	Farrell	Jennings	Mariani	Osthoff	Slawik
Biernat	Folliard	Johnson, A.	Marko	Paymar	Solberg
Carlson	Garcia	Johnson, R.	McCollum	Pelowski	Tomassoni
Chaudhary	Greiling	Kahn	McGuire	Pugh	Trimble
Dawkins	Hausman	Kinkel	Milbert	Rest	Tunheim
Delmont	Hilty	Koskinen	Mullery	Rukavina	Wejcman
Dorn	Huntley	Leighton	Munger	Sekhon	Winter
Entenza	Jaros	Lieder	Murphy	Skare	Spk. Carruthers
Evans	Jefferson	Mahon	Olson, E.	Skoglund

Those who voted in the negative were:

Abrams	Dempsey	Kielkucki	Molnau	Rifenberg	Van Dellen
Anderson, B.	Erhardt	Knight	Mulder	Rostberg	Vandeveer
Anderson, I.	Erickson	Knoblach	Ness	Schumacher	Wagenius
Bettermann	Finseth	Kraus	Nornes	Seagren	Weaver
Bishop	Goodno	Krinkie	Olson, M.	Seifert	Wenzel
Boudreau	Greenfield	Kubly	Opatz	Smith	Westfall
Bradley	Gunther	Kuisle	Osskopp	Stanek	Westrom
Broecker	Haas	Larsen	Otremba, M.	Stang	Wolf
Clark, J.	Harder	Leppik	Ozment	Sviggum	Workman
Clark, K.	Hasskamp	Lindner	Paulsen	Swenson, H.
Commers	Holsten	Long	Pawlenty	Sykora
Daggett	Juhnke	Macklin	Peterson	Tingelstad
Davids	Kalis	Mares	Reuter	Tompkins
Dehler	Kelso	McElroy	Rhodes	Tuma

The question recurred on the Kielkucki et al amendment and the roll was called.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 77 yeas and 53 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Kielkucki	Molnau	Rifenberg	Tompkins
Anderson, B.	Erhardt	Knight	Mulder	Rostberg	Tuma
Bakk	Erickson	Knoblach	Ness	Schumacher	Tunheim
Bettermann	Finseth	Kraus	Nornes	Seagren	Van Dellen
Bishop	Goodno	Krinkie	Olson, M.	Seifert	Vandeveer
Boudreau	Gunther	Kubly	Osskopp	Smith	Weaver
Bradley	Haas	Kuisle	Otremba, M.	Solberg	Wenzel
Broecker	Harder	Larsen	Ozment	Stanek	Westfall
Clark, J.	Hasskamp	Leppik	Paulsen	Stang	Westrom
Commers	Holsten	Lindner	Pawlenty	Sviggum	Winter
Daggett	Juhnke	Macklin	Peterson	Swenson, H.	Wolf
Davids	Kalis	Mares	Reuter	Sykora	Workman
Dehler	Kelso	McElroy	Rhodes	Tingelstad

Those who voted in the negative were:

Anderson, I.	Evans	Jefferson	Long	Olson, E.	Skare
Biernat	Folliard	Jennings	Mahon	Opatz	Skoglund
Carlson	Garcia	Johnson, A.	Mariani	Osthoff	Slawik
Chaudhary	Greenfield	Johnson, R.	Marko	Paymar	Tomassoni
Clark, K.	Greiling	Kahn	McCollum	Pelowski	Trimble
Dawkins	Hausman	Kinkel	McGuire	Pugh	Wagenius
Delmont	Hilty	Koskinen	Milbert	Rest	Wejcman
Dorn	Huntley	Leighton	Mullery	Rukavina	Spk. Carruthers
Entenza	Jaros	Lieder	Munger	Sekhon

The motion prevailed and the amendment was adopted.

S. F. No. 3297, as amended, was read for the third time.

Osthoff moved that the action whereby S. F. No. 3297, as amended, was given its third reading be now reconsidered. The motion prevailed.

Osthoff moved to amend S. F. No. 3297, the second unofficial engrossment, as amended, as follows:

Pages 5 to 6, delete sections 9, 10 and 11 of Article 1

A roll call was requested and properly seconded.

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

There were 57 yeas and 73 nays as follows:

Those who voted in the affirmative were:

Abrams	Dempsey	Larsen	Mullery	Rukavina	Tunheim
Anderson, B.	Erhardt	Lindner	Ness	Skare	Van Dellen
Anderson, I.	Farrell	Macklin	Olson, E.	Skoglund	Vandeveer
Bakk	Haas	Mahon	Olson, M.	Smith	Weaver
Bishop	Holsten	Mariani	Osskopp	Solberg	Winter
Bradley	Huntley	Marko	Osthoff	Stanek	Wolf
Broecker	Jaros	McCollum	Pawlenty	Tomassoni	Workman
Commers	Jefferson	McElroy	Paymar	Tompkins
Dawkins	Knight	Milbert	Peterson	Trimble
Delmont	Krinkie	Molnau	Pugh	Tuma

Those who voted in the negative were:

Bettermann	Finseth	Johnson, R.	Leppik	Pelowski	Swenson, H.
Biernat	Folliard	Juhnke	Lieder	Rest	Sykora
Boudreau	Garcia	Kahn	Long	Reuter	Tingelstad
Carlson	Goodno	Kalis	Mares	Rhodes	Wagenius
Chaudhary	Greenfield	Kelso	McGuire	Rifenberg	Wejcman
Clark, J.	Greiling	Kielkucki	Mulder	Rostberg	Westfall
Daggett	Gunther	Kinkel	Munger	Schumacher	Westrom
Davids	Harder	Knoblach	Murphy	Seagren	Spk. Carruthers
Dehler	Hasskamp	Koskinen	Nornes	Seifert
Dorn	Hausman	Kraus	Opatz	Sekhon
Entenza	Hilty	Kubly	Otremba, M.	Slawik
Erickson	Jennings	Kuisle	Ozment	Stang
Evans	Johnson, A.	Leighton	Paulsen	Sviggum

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

S. F. No. 3297, A bill for an act relating to appropriations; appropriating money for higher education and related purposes, with certain conditions; requiring a study; amending Minnesota Statutes 1996, section 136A.101, subdivision 7b; Minnesota Statutes 1997 Supplement, section 136A.121, subdivision 5; Laws 1996, chapter 366, section 6, as amended; Laws 1997, chapter 183, article 1, section 2, subdivisions 6, 9, and 13; and article 2, section 19.

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.

Winter moved that those not voting be excused from voting. The motion prevailed.

There were 104 yeas and 26 nays as follows:

Those who voted in the affirmative were:

Anderson, I.	Erickson	Jennings	Mahon	Pawlenty	Stang
Bakk	Evans	Johnson, A.	Mares	Paymar	Tingelstad
Bettermann	Farrell	Johnson, R.	Mariani	Pelowski	Tomassoni
Biernat	Finseth	Juhnke	Marko	Peterson	Trimble
Bishop	Folliard	Kahn	McCollum	Pugh	Tuma
Boudreau	Garcia	Kalis	McGuire	Rest	Tunheim
Journal of the House - 81st Day - Thursday, February 26, 1998 - Top of Page 7551
Carlson	Goodno	Kelso	Milbert	Rhodes	Vandeveer
Chaudhary	Greenfield	Kielkucki	Mullery	Rifenberg	Wagenius
Clark, J.	Greiling	Kinkel	Munger	Rostberg	Wejcman
Daggett	Haas	Knoblach	Murphy	Rukavina	Wenzel
Davids	Harder	Koskinen	Ness	Schumacher	Westfall
Dawkins	Hasskamp	Kubly	Nornes	Seifert	Westrom
Dehler	Hausman	Larsen	Olson, E.	Sekhon	Winter
Delmont	Hilty	Leighton	Opatz	Skare	Spk. Carruthers
Dempsey	Holsten	Leppik	Osskopp	Skoglund
Dorn	Huntley	Lieder	Otremba, M.	Slawik
Entenza	Jaros	Long	Ozment	Smith
Erhardt	Jefferson	Macklin	Paulsen	Solberg