as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state agencies; codifying reorganization 1.3 orders relating to the office of environmental 1.4 assistance, the public service department, the 1.5 transportation regulation board, and the departments 1.6 of administration, public safety, and corrections; 1.7 amending Minnesota Statutes 1998, sections 16B.42, 1.8 subdivisions 3 and 4; 115D.08; 174.02, subdivisions 4 1.9 and 5; 174.10, subdivisions 1, 3, and 4; 174A.02, 1.10 subdivisions 1, 2, and 4; 174A.04; 174A.06; 216C.41, 1.11 subdivision 2; 219.074, subdivision 2; 219.402; 1.12 221.031, subdivision 1; 609.3241; 609.605, subdivision 1.13 2; 609.7495, subdivision 1; 611A.01; 611A.0311, 1.14 subdivision 3; 611A.07, subdivision 1; 611A.25; 1.15 611A.32; 611A.34; 611A.35; 611A.36; 611A.361; 611A.55; 1.16 611A.57, subdivision 3; 611A.675, subdivision 1; 1.17 611A.71; and 611A.76; proposing coding for new law in 1.18 Minnesota Statutes, chapter 611A; repealing Minnesota 1.19 Statutes 1998, sections 174A.01; 174A.02, subdivision 1.20 5; 174A.03; 174A.05; 218.011, subdivision 7; 611A.21; 1.21 611A.22; 611A.221; 611A.31; 611A.33; 611A.345; 1.22 611A.41; 611A.43; 611A.78; and Minnesota Rules, part 1.23 8850.6900. 1.24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25 ARTICLE 1 1.26 REORGANIZATION ORDER NUMBER 173 1.27 Section 1. Minnesota Statutes 1998, section 115D.08, is 1.28 amended to read: 1.29 115D.08 [PROGRESS REPORTS.] 1.30 Subdivision 1. [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 1.31 (a) All persons required to prepare a toxic pollution prevention 1.32 plan under section 115D.07 shall submit an annual progress 1.33 report to thecommissioneremergency response commission that 1.34 may be drafted in a manner that does not disclose proprietary 2.1 information. Progress reports are due onOctoberJuly 1 of each 2.2 year to the commission.The first progress reports are due in2.31992.The commission shall provide copies of the progress 2.4 reports to the director and commissioner. 2.5 (b) At a minimum, each progress report must include: 2.6 (1) a summary of each objective established in the plan, 2.7 including the base year for any objective stated in numeric 2.8 terms, and the schedule for meeting each objective; 2.9 (2) a summary of progress made during the past year, if 2.10 any, toward meeting each objective established in the plan 2.11 including the quantity of each toxic pollutant eliminated or 2.12 reduced; 2.13 (3) a statement of the methods through which elimination or 2.14 reduction has been achieved; 2.15 (4) if necessary, an explanation of the reasons objectives 2.16 were not achieved during the previous year, including 2.17 identification of any technological, economic, or other 2.18 impediments the facility faced in its efforts to achieve its 2.19 objectives; and 2.20 (5) a certification, signed and dated by the facility 2.21 manager and an officer of the company under penalty of section 2.22 609.63, attesting that a plan meeting the requirements of 2.23 section 115D.07 has been prepared and also attesting to the 2.24 accuracy of the information in the progress report. 2.25 Subd. 2. [REVIEW OF PROGRESS REPORTS.] (a) The 2.26commissionercommission shall review all progress reports to 2.27 determine if they meet the requirements of subdivision 1. If 2.28 thecommissionercommission determines that a progress report 2.29 does not meet the requirements, thecommissionercommission 2.30 shall notify the facility in writing and shall identify specific 2.31 deficiencies and specify a reasonable time period of not less 2.32 than 90 days for the facility to modify the progress 2.33 report. The director shall review progress reports to determine 2.34 facilities that are in need of pollution prevention assistance. 2.35 (b) The commissioner, commission, and director shall be 2.36 given access to a facility plan required under section 115D.07 3.1 if thecommissionercommission determines that the progress 3.2 report for that facility does not meet the requirements of 3.3 subdivision 1. 3.4 (c) Twenty-five or more persons living within ten miles of 3.5 the facility may submit a petition to thecommissioner3.6 commission that identifies specific deficiencies in the progress 3.7 report and requests thecommissionercommission to review the 3.8 facility plan. Within 30 days after receipt of the petition, 3.9 thecommissionercommission shall respond in writing. If 3.10 thecommissionercommission agrees that the progress report does 3.11 not meet requirements of subdivision 1, the commissioner, 3.12 commission, and director shall be given access to the facility 3.13 plan. 3.14(c)(d) After reviewing the plan and the progress report 3.15 with any modifications submitted, thecommissionercommission 3.16 shall state in writing whether the progress report meets the 3.17 requirements of subdivision 1. If thecommissionercommission 3.18 determines that a modified progress report still does not meet 3.19 the requirements of subdivision 1, thecommissionercommission 3.20 shall schedule a public meeting. The meeting shall be held in 3.21 the county where the facility is located. The meeting is not 3.22 subject to the requirements of chapter 14. 3.23(d)(e) The facility shall be given the opportunity to 3.24 amend the progress report within a period of not less than 30 3.25 days after the public meeting. 3.26(e)(f) If thecommissionercommission determines that a 3.27 modified progress report still does not meet the requirements of 3.28 subdivision 1, action may be taken by the commissioner under 3.29 section 115.071 or the commission under chapter 299K to obtain 3.30 compliance with sections 115D.01 to 115D.12. 3.31 ARTICLE 2 3.32 REORGANIZATION ORDER NUMBER 174 3.33 Section 1. Minnesota Statutes 1998, section 216C.41, 3.34 subdivision 2, is amended to read: 3.35 Subd. 2. [INCENTIVE PAYMENT.] Incentive payments shall be 3.36 made according to this section to the owner or operator of a 4.1 qualified hydropower facility or qualified wind energy 4.2 conversion facility for electric energy generated and sold by 4.3 the facility. Payment may only be made upon receipt by the 4.4 commissioner offinancepublic service of an incentive payment 4.5 application that establishes that the applicant is eligible to 4.6 receive an incentive payment and that satisfies other 4.7 requirements the commissioner deems necessary. The application 4.8 shall be in a form and submitted at a time the commissioner 4.9 establishes. There is annually appropriated from the general 4.10 fund sums sufficient to make the payments required under this 4.11 section. 4.12 ARTICLE 3 4.13 REORGANIZATION ORDER NUMBER 176 4.14 Section 1. Minnesota Statutes 1998, section 174.02, 4.15 subdivision 4, is amended to read: 4.16 Subd. 4. [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 4.17 The commissioner may appear as a party on behalf of the public 4.18 in any proceeding or matter before theinterstate commerce4.19commission, the civil aeronauticssurface transportation board 4.20 or any other agency or instrumentality of government which 4.21 regulates public services or rates relating to transportation or 4.22 other matters related to the powers and responsibilities of the 4.23 commissioner as prescribed by law. The commissioner shall 4.24 appear as a party on behalf of the public in proceedingsbefore4.25the transportation regulation boardas provided by law on 4.26 matters which directly relate to the powers and duties of the 4.27 commissioner or which substantially affect the statewide 4.28 transportation plan.On all other transportation matters the4.29commissioner may appear before the transportation regulation4.30board.4.31 Sec. 2. Minnesota Statutes 1998, section 174.02, 4.32 subdivision 5, is amended to read: 4.33 Subd. 5. [COOPERATION.] To facilitate the development of a 4.34 unified and coordinated intrastate and interstate transportation 4.35 system: 4.36 (a) The commissioner shall maintain close liaison, 5.1 coordination and cooperation with the private sectors of 5.2 transportation, the upper great lakes seaway development 5.3 commission corporation, and any multistate organization involved 5.4 in transportation issues affecting the state;. 5.5 (b) The commissioner shall participate in the planning, 5.6 regulation and development of the port authorities of the state;5.7and. 5.8 (c) The commissioner or the commissioner's designee shall 5.9 be a nonvoting, ex officiomember of the metropolitan airports 5.10 commission, as organized and established under sections 473.601 5.11 to 473.679. 5.12 (d) The commissioner shall cooperate with all federal 5.13 agencies for the purpose of harmonizing state and federal 5.14 regulations within the state to the extent and in the manner 5.15 deemed advisable. 5.16 (e) The commissioner may conduct joint hearings with any 5.17 federal agency within or without the state and to the extent 5.18 allowed under federal law or regulation, may approve and 5.19 establish freight rates and charges that depart from the 5.20 distance principle required by any state law. 5.21 (f) The commissioner may nominate members to any joint 5.22 board as provided by federal acts. 5.23 Sec. 3. Minnesota Statutes 1998, section 174.10, 5.24 subdivision 1, is amended to read: 5.25 Subdivision 1. [NOTICE OF CONTESTED CASE; FEE.] The 5.26 commissioner in any contested casebefore the transportation5.27regulation boardthat involves a motor carrier or common carrier 5.28 by rail as a party shall give reasonable notice to 5.29 representatives of associations or other interested groups or 5.30 persons who have registered their names with theboard5.31 commissioner for that purpose, to all parties and to cities and 5.32 municipalities which theboardcommissioner deems to be 5.33 interested in the proceeding. The commissioner may prescribe an 5.34 annual fee to be credited to the general fund, which fee shall 5.35 be a charge to all registered groups or persons. This charge is 5.36 to cover the out-of-pocket costs involved in giving such notice. 6.1 Sec. 4. Minnesota Statutes 1998, section 174.10, 6.2 subdivision 3, is amended to read: 6.3 Subd. 3. [PROSECUTION.] In proceedingswhichthat involve 6.4 ahearing before the transportation regulation boardmotor 6.5 carrier or common carrier by rail as a party, the matter shall 6.6 beinvestigated and prosecuted before the boardheard by the 6.7 commissioner of transportation representing the interests of the 6.8 people of this state. 6.9 Sec. 5. Minnesota Statutes 1998, section 174.10, 6.10 subdivision 4, is amended to read: 6.11 Subd. 4. [WHEN BOARD LACKSLACK OF JURISDICTION.] If, in 6.12 any proceedingbefore the transportation regulation board6.13 relating to or involving the reasonableness of rates, fares, 6.14 charges, or classifications, theboardcommissioner decides that 6.15itthe department does not have jurisdiction because the traffic 6.16 covered by the rates, fares, charges, or classifications is 6.17 interstate commerce, thetransportation regulation6.18boardcommissioner shall issue an order dismissing the 6.19 proceeding and stating the ground of the dismissal, which. The 6.20 order may be appealed from in like manner as other appealable 6.21 orders. 6.22 Sec. 6. Minnesota Statutes 1998, section 174A.02, 6.23 subdivision 1, is amended to read: 6.24 Subdivision 1. [COMMISSIONER'S POWERS GENERALLY.] The 6.25 functions of thetransportation regulation board shall be6.26 commissioner of transportation, related to motor carriers and 6.27 common carriers by rail, are legislative and quasi-judicial in 6.28 nature.ItThe commissioner may makesuchinvestigations and 6.29 determinations, holdsuchhearings, prescribesuchrules, and 6.30 issuesuchorders with respect to the control and conduct of the 6.31 carrier businesses coming within its jurisdiction as the 6.32 legislature itself might make but only as it shall from time to 6.33 time authorize. 6.34 Sec. 7. Minnesota Statutes 1998, section 174A.02, 6.35 subdivision 2, is amended to read: 6.36 Subd. 2. [SPECIFIC FUNCTIONS AND POWERS.] To the extent 7.1 allowed under federal law or regulation, theboardcommissioner 7.2 shall further hold hearings and issue orders in cases 7.3 broughtbefore it by either the commissioneron the 7.4 commissioner's own motion or by a third party in the following 7.5 areas: 7.6 (a) Adequacy of services which carriers are providing to 7.7 the public, including the continuation, termination or 7.8 modification of services and facilities. 7.9 (b) The reasonableness of tariffs of rates, fares, and 7.10 charges, or a part or classification thereof. Theboard7.11 commissioner may authorize common carriers by rail and 7.12 motorcarriercarriers for hire to file tariffs of rates, fares, 7.13 and charges individually or by group. Carriers participating in 7.14 group rate making have the free and unrestrained right to take 7.15 independent action either before or after a determination 7.16 arrived at through such procedure. 7.17 (c) The issuing of franchises, permits, or certificates of 7.18 convenience and necessity. 7.19 Sec. 8. Minnesota Statutes 1998, section 174A.02, 7.20 subdivision 4, is amended to read: 7.21 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 7.22 withinitsthe commissioner's jurisdiction, theboard7.23 commissioner shall receive, hear and determine all petitions 7.24 filed with it in accordance with the procedures established by 7.25 law and may hold hearings and make determinations uponitsthe 7.26 commissioner's own motion to the same extent, and in every 7.27 instance, in whichitthe commissioner may do so upon petition. 7.28 Upon receiving petitions filed pursuant to sections 221.061, 7.29 221.081, 221.121, subdivision 1, 221.151,221.296,and 221.55, 7.30 theboardcommissioner shall give notice of the filing of the 7.31 petition to representatives of associations or other interested 7.32 groups or persons who have registered their names with theboard7.33 commissioner for that purpose and to whomever theboard7.34 commissioner deems to be interested in the petition. Theboard7.35 commissioner may grant or deny the request of the petition 30 7.36 days after notice of the filing has been fully given. If 8.1 theboardcommissioner receives a written objection and notice 8.2 of intent to appear at a hearing to object to the petition from 8.3 any person within 20 days of the notice having been fully given, 8.4 the request of the petition shall be granted or denied only 8.5 after a contested case hearing has been conducted on the 8.6 petition, unless the objection is withdrawn prior to the 8.7 hearing. Theboardcommissioner may elect to hold a contested 8.8 case hearing if no objections to the petition are received. If 8.9 a timely objection is not received, or if received and 8.10 withdrawn, and the request of the petition is denied without 8.11 hearing, the petitioner may request within 30 days of receiving 8.12 the notice of denial, and shall be granted, a contested case 8.13 hearing on the petition. 8.14 Sec. 9. Minnesota Statutes 1998, section 174A.04, is 8.15 amended to read: 8.16 174A.04 [HEARINGS AND APPEALS.] 8.17 Subdivision 1. [HEARINGS.] All hearings related to common 8.18 carriers by rail or motor carriers and required to be conducted 8.19 by the commissioner of transportationregulation boardshall be 8.20 conducted pursuant to sections 14.001 to 14.69. 8.21 Subd. 2. [APPEALS.] An appeal from an order of the 8.22 commissioner shall be in accordance with chapter 14. 8.23 Sec. 10. Minnesota Statutes 1998, section 174A.06, is 8.24 amended to read: 8.25 174A.06 [CONTINUATION OF RULES.] 8.26 Orders and directives in force, issued, or promulgated 8.27 under authority of chapters 174A, 216A, 218, 219, 221, and 222 8.28 remain and continue in force and effect until repealed, 8.29 modified, or superseded by duly authorized orders or directives 8.30 of the commissioner of transportation. To the extent allowed 8.31 under federal law or regulation, rules adopted under authority 8.32 of the following sections are transferred to the commissioner of 8.33 transportation and continue in force and effect until repealed, 8.34 modified, or superseded by duly authorized rules of the 8.35 commissioner: 8.36 (1) section 218.041 except rules related to the form and 9.1 manner of filing railroad rates, railroad accounting rules, and 9.2 safety rules; 9.3 (2) section 219.40; 9.4 (3) rules relating to rates or tariffs, or the granting, 9.5 limiting, or modifying of permits or certificates of convenience 9.6 and necessity under section 221.031, subdivision 1; 9.7 (4) rules relating to the sale, assignment, pledge, or 9.8 other transfer of a stock interest in a corporation holding 9.9 authority to operate as a permit carrier as prescribed in 9.10 section 221.151, subdivision 1, or a local cartage carrier under9.11section 221.296, subdivision 8; 9.12 (5) rules relating to rates, charges, and practices under 9.13 section 221.161, subdivision 4; and 9.14 (6) rules relating to rates, tariffs, or the granting, 9.15 limiting, or modifying of permits under sections 221.121,and 9.16 221.151, and 221.296or certificates of convenience and 9.17 necessity under section 221.071. 9.18 The commissioner shall review the transferred rules, 9.19 orders, and directives and, when appropriate, develop and adopt 9.20 new rules, orders, or directives. 9.21 Sec. 11. Minnesota Statutes 1998, section 219.074, 9.22 subdivision 2, is amended to read: 9.23 Subd. 2. [CROSSING VACATION PROGRAM.] On or before July 1, 9.24 1992, and on or before July 1 of each of the next four years, 9.25 and as necessary afterward, the commissioner shallpropose to9.26the boarddevelop a list of grade crossings proposed to be 9.27 vacated. The list must be developed by applying the standards 9.28 set forth in the rules adopted under section 219.073. Grade 9.29 crossings that are part of an abandonment, closing, or removal 9.30 under section 219.741 may not be included in the list. The 9.31 commissioner shall notify the public officials having the 9.32 necessary authority and the railway companies operating the 9.33 railroads of the proposed vacations. Either affected party may 9.34 request a hearing. If requested, the commissioner shall hold a 9.35 contested case hearing applying in its determination the rules 9.36 developed under section 219.073. If after the hearing the 10.1 commissioner determines that the vacation is consistent with the 10.2 standards adopted under section 219.073, it may order the 10.3 crossing vacated. If a request for a hearing on a particular 10.4 crossing is not received within 30 days of the publication in 10.5 the State Register, the commissioner shall order the crossing 10.6 vacated. 10.7 Sec. 12. Minnesota Statutes 1998, section 219.402, is 10.8 amended to read: 10.9 219.402 [ADEQUATE CROSSING PROTECTION.] 10.10 Crossing warning devices or improvements installed or 10.11 maintained under this chapter as approved by the commissioner or 10.12 any predecessor, whether by order or otherwise, are adequate and 10.13 appropriate warning for the crossing. 10.14 Sec. 13. Minnesota Statutes 1998, section 221.031, 10.15 subdivision 1, is amended to read: 10.16 Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 10.17 This subdivision applies to motor carriers engaged in intrastate 10.18 commerce. 10.19 (b) The commissioner shall prescribe rules for the 10.20 operation of motor carriers, including their facilities; 10.21 accounts; leasing of vehicles and drivers; service; safe 10.22 operation of vehicles; equipment, parts, and accessories; hours 10.23 of service of drivers; driver qualifications; accident 10.24 reporting; identification of vehicles; installation of safety 10.25 devices; inspection, repair, and maintenance; and proper 10.26 automatic speed regulators if, in the opinion of the 10.27 commissioner, there is a need for the rules. 10.28 (c) The commissioner shall direct the repair and 10.29 reconstruction or replacement of an inadequate or unsafe motor 10.30 carrier vehicle or facility. The commissioner may require the 10.31 construction and maintenance or furnishing of suitable and 10.32 proper freight terminals, passenger depots, waiting rooms, and 10.33 accommodations or shelters in a city in this state or at a point 10.34 on the highway traversed which the commissioner, after 10.35 investigation by the department, may deem just and proper for 10.36 the protection of passengers or property. 11.1 (d) The commissioner shall require holders of household 11.2 goods mover permits, charter carrier permits, and regular route 11.3 passenger carrier certificates to file annual and other reports 11.4 including annual accounts of motor carriers, schedules of rates 11.5 and charges, or other data by motor carriers, regulate motor 11.6 carriers in matters affecting the relationship between them and 11.7 the traveling and shipping public, and prescribe other rules as 11.8 may be necessary to carry out the provisions of this chapter. 11.9 (e) A motor carrier subject to paragraph (d) but having 11.10 gross revenues from for-hire transportation in a calendar year 11.11 of less than $200,000 may, at the discretion of the 11.12 commissioner, be exempted from the filing of an annual report, 11.13 if instead the motor carrier files an abbreviated annual report, 11.14 in a form as may be prescribed by the commissioner, attesting 11.15 that the motor carrier's gross revenues did not exceed $200,000 11.16 in the previous calendar year. Motor carrier gross revenues 11.17 from for-hire transportation, for the purposes of this 11.18 subdivision only, do not include gross revenues received from 11.19 the operation of school buses as defined in section 169.01, 11.20 subdivision 6. 11.21 (f) The commissioner shall enforce sections 169.781 to 11.22 169.783. 11.23 (g) The commissionershall make nomay adopt rules relating 11.24 to the granting, limiting, or modifying of permits or 11.25 certificates of convenience and necessity, which are powers11.26granted to the board. 11.27 (h) Theboardcommissioner may extend the termini of a 11.28 route or alter or change the route of a regular route common 11.29 carrier upon petition and after finding that public convenience 11.30 and necessity require an extension, alteration, or change. 11.31 Sec. 14. [TRANSFERRING CARRIER REGULATORY 11.32 RESPONSIBILITIES.] 11.33 (a) All responsibilities, as defined in Minnesota Statutes, 11.34 section 15.039, subdivision 1, held by the transportation 11.35 regulation board including, but not limited to, responsibilities 11.36 relating to administration, regulation, recordkeeping, operating 12.1 authority, permitting, rate making, rulemaking, and enforcement 12.2 of transportation laws, rules, and regulations relating to motor 12.3 carriers and common carriers by rail under Minnesota Statutes, 12.4 chapters 218, 219, 221, and 222, are transferred to the 12.5 commissioner of the Minnesota department of transportation under 12.6 Minnesota Statutes, section 15.039. 12.7 (b) All legislative and quasi-judicial functions and powers 12.8 conferred on the board under Minnesota Statutes, chapter 174A, 12.9 are also transferred to the commissioner. 12.10 (c) The position of transportation regulation board member 12.11 and the transportation regulation board as previously 12.12 constituted are abolished. 12.13 Sec. 15. [INSTRUCTIONS TO REVISOR.] 12.14 (a) Except when used in the phrases to be changed by the 12.15 revisor under paragraph (b), the revisor of statutes is directed 12.16 to change the word "board" or "board's," or similar term or 12.17 phrase, when it refers to the transportation regulation board, 12.18 to the term "commissioner," "commissioner's," or "commissioner 12.19 of transportation," as appropriate, where it appears in: 12.20 (1) Minnesota Statutes, sections 174A.02, subdivision 3; 12.21 221.025; 221.031, subdivision 1; 221.041, subdivisions 1, 2, and 12.22 3; 221.051; 221.061; 221.071, subdivision 1; 221.081; 221.101; 12.23 221.121, subdivisions 1, 2, 3, 4, 5, 6, 6a, and 6b; 221.122, 12.24 subdivisions 1 and 3; 221.123; 221.124; 221.151; 221.161, 12.25 subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 12.26 221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 12.27 subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 12.28 221.55; and 12.29 (2) Minnesota Rules, chapters 8855; 8900; 8910; and 8920. 12.30 (b) The revisor of statutes is directed to change the 12.31 phrases "board or commissioner," "commissioner or board," "board 12.32 or the commissioner," "commissioner or the board," "commissioner 12.33 and the board," "commissioner and board," "board and the 12.34 commissioner," "board and commissioner," "department and board," 12.35 "board or department," and "board and the department," when the 12.36 word "board" refers to the transportation regulation board, to 13.1 the term "commissioner," or "commissioner of transportation," as 13.2 appropriate, where it appears in: 13.3 (1) Minnesota Statutes, sections 221.011, subdivision 15; 13.4 221.021; 221.031, subdivision 5; 221.061; 221.081; 221.121, 13.5 subdivisions 1 and 5; 221.122, subdivision 1; 221.151, 13.6 subdivision 2; 221.221, subdivisions 1 and 3; 221.261; 221.271; 13.7 221.281; 221.291, subdivisions 1 and 3; 221.293; 221.295; 13.8 221.296, subdivisions 3 and 4; and 221.68; and 13.9 (2) Minnesota Rules, chapter 8850. 13.10 (c) Except when amended accordingly in this article, the 13.11 revisor of statutes is directed to change the words 13.12 "transportation regulation board" to "commissioner of 13.13 transportation" wherever they appear in Minnesota Statutes and 13.14 Minnesota Rules. 13.15 (d) In Minnesota Statutes, the revisor of statutes shall 13.16 renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 13.17 174A.06 as 174.66. 13.18 (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 13.19 of statutes shall change the term "commission" to "commissioner 13.20 of transportation" or "commissioner," as appropriate. 13.21 (f) The revisor of statutes shall make other changes in 13.22 chapter titles; section, subdivision, part, and subpart 13.23 headnotes; and in other terminology necessary as a result of the 13.24 enactment of this article. 13.25 Sec. 16. [REPEALER.] 13.26 Minnesota Statutes 1998, sections 174A.01; 174A.02, 13.27 subdivision 5; 174A.03; 174A.05; and 218.011, subdivision 7, are 13.28 repealed. Minnesota Rules, part 8850.6900, is repealed. 13.29 ARTICLE 4 13.30 REORGANIZATION ORDER NUMBER 177 13.31 Section 1. Minnesota Statutes 1998, section 16B.42, 13.32 subdivision 3, is amended to read: 13.33 Subd. 3. [OTHER DUTIES.] The intergovernmental 13.34 informations systems advisory council shall (1) recommend to the 13.35 commissioners of state departments, the legislative auditor, and 13.36 the state auditor a method for the expeditious gathering and 14.1 reporting of information and data between agencies and units of 14.2 local government in accordance with cooperatively developed 14.3 standards; (2) elect an executive committee, not to exceed seven 14.4 members from its membership; (3) develop an annual plan, to 14.5 include administration and evaluation of grants, in compliance 14.6 with applicable rules; (4) provide technical information systems 14.7 assistance or guidance to local governments for development, 14.8 implementation, and modification of automated systems, including 14.9 formation of consortiums for those systems; (5) appoint 14.10 committees and task forces, which may include persons other than 14.11 council members, to assist the council in carrying out its 14.12 duties; (6) select an executive director to serve the council 14.13and may employ other employees it deems necessary, all of whom14.14arein the classified service of the state civil service;(7)14.15may contract for professional and other similar services on14.16terms it deems desirable;and(8)(7) work with the office of 14.17 technology to ensure that information systems developed by state 14.18 agencies that impact local government will be reviewed by the 14.19 council. 14.20 Sec. 2. Minnesota Statutes 1998, section 16B.42, 14.21 subdivision 4, is amended to read: 14.22 Subd. 4. [FUNDING.]Appropriations and other funds made14.23available to the council for staff, operational expenses,14.24projects, and grants are under the control of the council. The14.25council may contract with the department of administration for14.26staff services and administrative support. The council shall14.27reimburse the department for these services.The council may 14.28 request assistance from other state and local agencies in 14.29 carrying out its duties. Fees charged to local units of 14.30 government for the administrative costs of the council and 14.31 revenues derived from royalties, reimbursements, or other fees 14.32 from software programs, systems, or technical services arising 14.33 out of activities funded by current or prior state 14.34 appropriations must be credited to the general fund. The 14.35 unencumbered balance of an appropriation in the first year of a 14.36 biennium does not cancel but is available for the second year of 15.1 the biennium. 15.2 ARTICLE 5 15.3 REORGANIZATION ORDER NUMBER 180 15.4 Section 1. [LEGISLATIVE INTENT.] 15.5 The legislature recognizes the legitimacy of and continuing 15.6 need for providing crime-specific services to crime victims. 15.7 The legislature further recognizes the importance of the 15.8 involvement of victims, victim advocates, criminal justice 15.9 personnel, and the community in these programs. It is the 15.10 intent of the legislature to preserve this involvement while 15.11 simultaneously providing for a more streamlined and efficient 15.12 process. 15.13 Sec. 2. Minnesota Statutes 1998, section 609.3241, is 15.14 amended to read: 15.15 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 15.16 When a court sentences an adult convicted of violating 15.17 section 609.322 or 609.324, while acting other than as a 15.18 prostitute, the court shall impose an assessment of not less 15.19 than $250 and not more than $500 for a violation of section 15.20 609.324, subdivision 2, or a misdemeanor violation of section 15.21 609.324, subdivision 3; otherwise the court shall impose an 15.22 assessment of not less than $500 and not more than $1,000. The 15.23 mandatory minimum portion of the assessment is to be used for 15.24 the purposes described in section 626.558, subdivision 2a, and 15.25 is in addition to the surcharge required by section 357.021, 15.26 subdivision 6. Any portion of the assessment imposed in excess 15.27 of the mandatory minimum amount shall be forwarded to the 15.28 general fund and is appropriated annually to thecommissioner of15.29correctionsMinnesota center for crime victim services. 15.30 Thecommissionerdirector of the center, with the assistance of 15.31 thegeneral crime victimsbattered women advisory council, shall 15.32 use money received under this section for grants to agencies 15.33 that provide assistance to individuals who have stopped or wish 15.34 to stop engaging in prostitution. Grant money may be used to 15.35 provide these individuals with medical care, child care, 15.36 temporary housing, and educational expenses. 16.1 Sec. 3. Minnesota Statutes 1998, section 609.605, 16.2 subdivision 2, is amended to read: 16.3 Subd. 2. [GROSS MISDEMEANOR.] Whoever trespasses upon the 16.4 grounds of a facility providing emergency shelter services for 16.5 battered women, as defined under section611A.31, subdivision 316.6 611A.01, or of a facility providing transitional housing for 16.7 battered women and their children, without claim of right or 16.8 consent of one who has right to give consent, and refuses to 16.9 depart from the grounds of the facility on demand of one who has 16.10 right to give consent, is guilty of a gross misdemeanor. 16.11 Sec. 4. Minnesota Statutes 1998, section 609.7495, 16.12 subdivision 1, is amended to read: 16.13 Subdivision 1. [DEFINITIONS.] For the purposes of this 16.14 section, the following terms have the meanings given them. 16.15 (a) "Facility" means any of the following: 16.16 (1) a hospital or other health institution licensed under 16.17 sections 144.50 to 144.56; 16.18 (2) a medical facility as defined in section 144.561; 16.19 (3) an agency, clinic, or office operated under the 16.20 direction of or under contract with the commissioner of health 16.21 or a community health board, as defined in section 145A.02; 16.22 (4) a facility providing counseling regarding options for 16.23 medical services or recovery from an addiction; 16.24 (5) a facility providing emergency shelter services for 16.25 battered women, as defined in section611A.31, subdivision 316.26 611A.01, or a facility providing transitional housing for 16.27 battered women and their children; 16.28 (6) a facility as defined in section 626.556, subdivision 16.29 2, paragraph (f); 16.30 (7) a facility as defined in section 626.5572, subdivision 16.31 6, where the services described in that paragraph are provided; 16.32 (8) a place to or from which ambulance service, as defined 16.33 in section 144E.001, is provided or sought to be provided; and 16.34 (9) a hospice program licensed under section 144A.48. 16.35 (b) "Aggrieved party" means a person whose access to or 16.36 egress from a facility is obstructed in violation of subdivision 17.1 2, or the facility. 17.2 Sec. 5. Minnesota Statutes 1998, section 611A.01, is 17.3 amended to read: 17.4 611A.01 [DEFINITIONS.] 17.5For the purposes of sections 611A.01 to 611A.06:17.6 Subdivision 1. [APPLICABILITY.] The definitions in this 17.7 section apply to this chapter. 17.8 Subd. 2. [ADVOCACY.] "Advocacy" means action taken on 17.9 behalf of a victim in accordance with the self-defined needs of 17.10 the victim. 17.11 Subd. 3. [ADVOCACY PROGRAMS.] "Advocacy programs" means 17.12 programs that act on behalf of victims and provide an array of 17.13 services including, but not limited to, support services, 17.14 community education and professional training, and systems 17.15 change activities. 17.16 Subd. 4. [BATTERED WOMAN.] "Battered woman" means a woman 17.17 who is being or has been victimized by domestic abuse as defined 17.18 in section 518B.01, subdivision 2. 17.19 Subd. 5. [COMMUNITY EDUCATION AND PROFESSIONAL 17.20 TRAINING.] "Community education and professional training" 17.21 includes, but is not limited to, training on sexual violence, 17.22 battering and domestic violence, or general crime victims; 17.23 ongoing direct supervision and training for all paid and unpaid 17.24 advocacy program staff; community education about victim needs; 17.25 the nature, scope, and root causes of victimization, and about 17.26 the availability of advocacy programs; and responding to the 17.27 training needs of the public, criminal justice system 17.28 professionals, and other community agencies and organizations. 17.29(a)Subd. 6. [CRIME.] "Crime" means conduct that is 17.30 prohibited by local ordinance and results in bodily harm to an 17.31 individual; or conduct that is included within the definition of 17.32 "crime" in section 609.02, subdivision 1, or would be included 17.33 within that definition but for the fact that (i) the person 17.34 engaging in the conduct lacked capacity to commit the crime 17.35 under the laws of this state, or (ii) the act was alleged or 17.36 found to have been committed by a juvenile;. 18.1(b) "Victim" means a natural person who incurs loss or harm18.2as a result of a crime, including a good faith effort to prevent18.3a crime, and for purposes of sections 611A.04 and 611A.045, also18.4includes (i) a corporation that incurs loss or harm as a result18.5of a crime, (ii) a government entity that incurs loss or harm as18.6a result of a crime, and (iii) any other entity authorized to18.7receive restitution under section 609.10 or 609.125. If the18.8victim is a natural person and is deceased, "victim" means the18.9deceased's surviving spouse or next of kin; and18.10 Subd. 7. [EMERGENCY SHELTER SERVICES.] "Emergency shelter 18.11 services" include, but are not limited to, secure crisis 18.12 shelters for battered women and housing networks for battered 18.13 women. 18.14 Subd. 8. [GENERAL CRIME.] "General crime" means any crime 18.15 which is not already included in the definitions of sexual 18.16 assault, battered women, or abused children. 18.17(c)Subd. 9. [JUVENILE.] "Juvenile" has thesamemeaning 18.18asgiven to the term "child" in section 260.015, subdivision 2. 18.19 Subd. 10. [SEXUAL ASSAULT.] "Sexual assault" means any act 18.20 of sexual violence including, but not limited to, acts falling 18.21 under criminal sexual conduct as defined in sections 609.342 to 18.22 609.3451, and other civil and criminal violations which involve 18.23 nonconsensual verbal or physical sexual activity or sexual 18.24 exploitation. 18.25 Subd. 11. [SUPPORT SERVICES.] "Support services" includes, 18.26 but is not limited to, counseling, transportation, child care, 18.27 24-hour information and referral, and accompaniment during 18.28 contacts with criminal justice and human services agencies; 18.29 consultations with other organizations regarding specific cases; 18.30 safe housing; assistance with accessing crime victim 18.31 compensation; assistance in pursuing civil, criminal, and family 18.32 court remedies; and access to support groups or informal group 18.33 activities. 18.34 Subd. 12. [SYSTEMS CHANGE.] "Systems change" includes, but 18.35 is not limited to, protocol and policy development to improve 18.36 the systems and community responsiveness to the needs of 19.1 survivors of sexual violence, battered women, or general crime 19.2 victims and to initiate and participate in prevention. 19.3 Subd. 13. [VICTIM.] "Victim" means a natural person who 19.4 incurs loss or harm as a result of a crime, including a good 19.5 faith effort to prevent a crime, and for purposes of sections 19.6 611A.04 and 611A.045, also includes (1) a corporation that 19.7 incurs loss or harm as a result of a crime, (2) a government 19.8 entity that incurs loss or harm as a result of a crime, and (3) 19.9 any other entity authorized to receive restitution under section 19.10 609.10 or 609.125. If the victim is a natural person and is 19.11 deceased, victim means the deceased's surviving spouse or next 19.12 of kin. 19.13 Sec. 6. Minnesota Statutes 1998, section 611A.0311, 19.14 subdivision 3, is amended to read: 19.15 Subd. 3. [NOTICE FILED WITH DEPARTMENT OF PUBLIC SAFETY.] 19.16 Each city and county attorney shall file a notice that a 19.17 prosecution plan has been adopted with the commissioner of 19.18 public safety by June 1, 1994. Prosecution plans shall be kept 19.19 on file with the Minnesota center for crime victim services. 19.20 The director of the center, in consultation with the battered 19.21 women advisory council, shall evaluate the effectiveness of the 19.22 prosecution plan pilot program. 19.23 Sec. 7. Minnesota Statutes 1998, section 611A.07, 19.24 subdivision 1, is amended to read: 19.25 Subdivision 1. [GENERALLY.] The commissioner of 19.26 corrections, after considering the recommendations of the 19.27 battered women advisory council and the sexual assault advisory 19.28 council, and in collaboration with the commissioner of public 19.29 safety and the director of the Minnesota center for crime victim 19.30 services, shall adopt standards governing electronic monitoring 19.31 devices used to protect victims of domestic abuse. In 19.32 developing proposed standards, the commissioner shall consider 19.33 the experience of the courts in the tenth judicial district in 19.34 the use of the devices to protect victims of domestic abuse. 19.35 These standards shall promote the safety of the victim and shall 19.36 include measures to avoid the disparate use of the device with 20.1 communities of color, product standards, monitoring agency 20.2 standards, and victim disclosure standards. 20.3 Sec. 8. [611A.201] [MINNESOTA CENTER FOR CRIME VICTIM 20.4 SERVICES; CREATION; ORGANIZATION.] 20.5 The Minnesota center for crime victim services is created, 20.6 for budgetary and administrative purposes, as an independent 20.7 office. The governor shall appoint the director as chief 20.8 executive officer of the center. The director shall serve in 20.9 the unclassified service at the pleasure of the governor. The 20.10 governor shall fill any vacancy in the office of director. 20.11 Sec. 9. [611A.202] [DUTIES.] 20.12 The director of the Minnesota center for crime victim 20.13 services shall: 20.14 (1) manage the office and define the duties of employees 20.15 and delegate to them any of the director's powers, duties, and 20.16 responsibilities, subject to the director's control and the 20.17 conditions the director prescribes; 20.18 (2) establish and maintain administrative units necessary 20.19 to perform administrative functions common to all units of the 20.20 office; 20.21 (3) transfer authorized positions and personnel between the 20.22 units as necessary to staff those units; 20.23 (4) coordinate interagency cooperation in the provision of 20.24 services to victims and witnesses; 20.25 (5) award grants to programs after considering 20.26 recommendations of the advisory councils; 20.27 (6) appoint members of the advisory councils; and 20.28 (7) adopt rules necessary to implement the duties of the 20.29 director described in this chapter. 20.30 Sec. 10. [611A.203] [SUPPORT SERVICES FOR CENTER.] 20.31 The department of public safety shall provide the Minnesota 20.32 center for crime victim services with fiscal, administrative, 20.33 human resources, and technological support services. 20.34 Sec. 11. [611A.204] [ADVISORY COUNCIL RECOMMENDATIONS.] 20.35 The director shall consider recommendations of the 20.36 appropriate advisory council before awarding grants or adopting 21.1 rules, policies, or procedures regarding the planning, 21.2 development, data collection, funding, or evaluation of programs 21.3 and services for victims. Notification of grant award decisions 21.4 shall be given to the advisory council in time to allow the 21.5 council to request reconsideration. 21.6 Sec. 12. [611A.205] [CONFLICTS OF INTEREST.] 21.7 A member of a grant review panel for the center shall be 21.8 excluded from participating in all aspects of grant review and 21.9 recommendations concerning a grant application and any grant 21.10 applications in the corresponding competitive category if the 21.11 member: 21.12 (1) serves or has served at any time during the past three 21.13 years as an employee, volunteer, paid consultant, or governing 21.14 board member of an organization whose application is being 21.15 reviewed; 21.16 (2) has a financial interest in the funding of the 21.17 applicant organization; or 21.18 (3) has a relative, spouse, or partner affiliated with an 21.19 applicant organization or project. 21.20 Any staff member with a conflict of interest may take part 21.21 in the overall review process, but may not rate or take part in 21.22 discussions about funding for the program for which they have a 21.23 conflict of interest. 21.24 Sec. 13. [611A.206] [DUTIES OF GRANTEES.] 21.25 Every public or private nonprofit agency and tribal 21.26 government which receives a grant from the center to provide 21.27 direct advocacy services shall comply with all rules, policies, 21.28 and procedures of the center related to the administration of 21.29 the programs. 21.30 Sec. 14. [611A.225] [SEXUAL ASSAULT PROGRAMS.] 21.31 Subdivision 1. [GRANTS AWARDED.] The director of the 21.32 Minnesota center for crime victim services, in consultation with 21.33 the sexual assault advisory council, shall award grants-in-aid 21.34 to programs which provide direct advocacy, support services, 21.35 community education, professional training, and systems change 21.36 activities. In addition to administering grants-in-aid to 22.1 programs, the director shall also award grants for resources, 22.2 training, and technical assistance to improve the response of 22.3 law enforcement, prosecutors, the criminal justice system, 22.4 medical providers, and other community agencies or organizations 22.5 which interact with sexual assault victims; to develop and 22.6 implement educational programs to increase public awareness of 22.7 the nature, scope, and root causes of sexual violence, and the 22.8 dynamics of victimization; to develop the capacity of programs 22.9 to meet the needs of sexual assault victims; and to develop and 22.10 implement sexual assault prevention initiatives. 22.11 Subd. 2. [APPLICATIONS.] Public or private nonprofit 22.12 agencies and tribal governments may apply to the director for a 22.13 grant to provide direct advocacy services. The application 22.14 shall be submitted in a form approved by the director, after 22.15 consultation with the advisory council and shall include: 22.16 (1) a proposal for the provision of services as requested 22.17 in the application; 22.18 (2) a proposed budget; 22.19 (3) evidence of an ability to integrate into the proposed 22.20 program the uniform method of data collection and program 22.21 evaluation; 22.22 (4) evidence of an ability to represent the interests of 22.23 victims of sexual assault to local law enforcement agencies, 22.24 courts, and other public and private community agencies; 22.25 (5) evidence of an ability to do outreach to unserved and 22.26 underserved populations and to provide culturally and 22.27 linguistically appropriate services; and 22.28 (6) any other content the director may require, after 22.29 considering the recommendations of the advisory council. 22.30 Sec. 15. Minnesota Statutes 1998, section 611A.25, is 22.31 amended to read: 22.32 611A.25 [SEXUAL ASSAULT ADVISORY COUNCIL.] 22.33 Subdivision 1. [CREATION.] Thecommissioner of corrections22.34 director of the Minnesota center for crime victim services shall 22.35 appoint a 12-member advisory council on sexual assault to advise 22.36 thecommissionerdirector on the implementation and continued 23.1 operation ofsections 611A.21 and 611A.221section 611A.225. 23.2 The sexual assault advisory council shall also serve as a 23.3 liaison between thecommissionerdirector and organizations that 23.4 provide services to victims of sexual assault, and as an 23.5 advocatewithin the department of correctionsfor the rights of 23.6 sexual assault victims. 23.7 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 23.8 knowledgeable about and have experience or interest in issues 23.9 concerning victims of sexual assault, including the need for 23.10 effective advocacy services. The membership of the council 23.11 shall represent the interests of sexual assault victims in 23.12 Minnesota. No more than six of the members of the sexual 23.13 assault advisory council may be representatives of community or 23.14 governmental organizations that provide services to sexual 23.15 assault victims. One-half of the council's members shall reside 23.16 in the metropolitan area, composed of Hennepin, Ramsey, Anoka, 23.17 Dakota, Scott, Washington, and Carver counties, and one-half of 23.18 the members shall reside in the nonmetropolitan area. To the 23.19 extent possible, nonmetropolitan members must be representative 23.20 of all nonmetropolitan regions of the state. To the extent 23.21 possible, council membership must reflect diversity with regard 23.22 to age, ethnicity, gender, sexual orientation, and disabilities. 23.23 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 23.24 governs the filling of vacancies and removal of members of the 23.25 sexual assault advisory council. The terms of the members of 23.26 the advisory council shall be two years. No member may serve on 23.27 the advisory council for more than two consecutive terms. The 23.28 council expires on June 30, 2001. Council members shall receive 23.29 expense reimbursement as specified in section 15.059. 23.30 Subd. 5. [DUTIES.] The advisory council shall: 23.31 (1) advise the director of the Minnesota center for crime 23.32 victim services on all planning, development, data collection, 23.33 rulemaking, funding, and evaluation of programs and services for 23.34 victims of sexual assault that are funded under section 23.35 611A.225, other than matters of a purely administrative nature; 23.36 (2) advise the director on rules adopted under chapter 14 24.1 pursuant to section 611A.225; 24.2 (3) review applications received by the director for grants 24.3 under section 611A.225 and make recommendations on the awarding 24.4 of grants; and 24.5 (4) advise the program manager in performance of duties in 24.6 the administration and coordination of the programs funded under 24.7 section 611A.225. 24.8 Subd. 6. [SEXUAL ASSAULT PROGRAM MANAGER.] The director 24.9 shall, with the advice of the advisory council, select and 24.10 employ a program manager who shall aid the council in the 24.11 performance of its duties. The program manager shall administer 24.12 the funds appropriated for section 611A.225, consult with and 24.13 provide staff to the sexual assault advisory council, and 24.14 perform other duties related to sexual assault programs as the 24.15 director of the Minnesota center for crime victim services may 24.16 assign. The sexual assault program manager shall work with the 24.17 battered women program manager to provide staff to the planning 24.18 committee for federal Violence Against Women Act funds and to 24.19 perform other duties related to the violence against women 24.20 programming as the director may assign. 24.21 Sec. 16. Minnesota Statutes 1998, section 611A.32, is 24.22 amended to read: 24.23 611A.32 [BATTERED WOMEN PROGRAMS.] 24.24 Subdivision 1. [GRANTS AWARDED.] Thecommissionerdirector 24.25 of the Minnesota center for crime victim services, in 24.26 consultation with the battered women advisory council, shall 24.27 award grants to programs which provide emergency shelter 24.28 services and support services to battered women and their 24.29 children. Thecommissionerdirector shall also award grants for 24.30 training, technical assistance, and for the development and 24.31 implementation of education programs to increase public 24.32 awareness of the causes of battering, the solutions to 24.33 preventing and ending domestic violence, and the problems faced 24.34 by battered women. Grants shall be awarded in a manner that 24.35 ensures that they are equitably distributed to programs serving 24.36 metropolitan and nonmetropolitan populations. By July 1, 1995, 25.1 community-based domestic abuse advocacy and support services 25.2 programs must be established in every judicial assignment 25.3 district. 25.4 Subd. 1a. [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 25.5commissionerdirector of the Minnesota center for crime victim 25.6 services shall establish at least one program under this section 25.7 to provide emergency shelter services and support services to 25.8 battered American Indian women. Thecommissionerdirector shall 25.9 grant continuing operating expenses to the program established 25.10 under this subdivision in the same manner as operating expenses 25.11 are granted to programs established under subdivision 1. 25.12 Subd. 2. [APPLICATIONS.]AnyPublic or private 25.13 nonprofitagencyagencies and tribal governments may apply to 25.14 thecommissionerdirector of the Minnesota center for crime 25.15 victim services for a grant to provide emergency shelter 25.16 services, support services, or both, to battered women and their 25.17 children. The application shall be submitted in a form approved 25.18 by thecommissioner by rule adopted under chapter 14director, 25.19 after consultation with the advisory council, and shall include: 25.20 (1) a proposal for the provision of emergency shelter 25.21 services, support services, or both, for battered women and 25.22 their children; 25.23 (2) a proposed budget; 25.24 (3) evidence of an ability to integrate into the proposed 25.25 program the uniform method of data collection and program 25.26 evaluation established undersections 611A.33 andsection 25.27 611A.34; 25.28 (4) evidence of an ability to represent the interests of 25.29 battered women and their children to local law enforcement 25.30 agencies and courts, county welfare agencies, and local boards 25.31 or departments of health; 25.32 (5) evidence of an ability to do outreach to unserved and 25.33 underserved populations and to provide culturally and 25.34 linguistically appropriate services; and 25.35 (6) any other content thecommissionerdirector may require 25.36by rule adopted under chapter 14,after considering the 26.1 recommendations of the advisory council. 26.2 Programs which have been approved for grants in prior years 26.3 may submit materials which indicate changes in items listed in 26.4 clauses (1) to (6), in order to qualify for renewal funding. 26.5 Nothing in this subdivision may be construed to require programs 26.6 to submit complete applications for each year of renewal funding. 26.7Subd. 3. [DUTIES OF GRANTEES.] Every public or private26.8nonprofit agency which receives a grant to provide emergency26.9shelter services and support services to battered women shall26.10comply with all rules of the commissioner related to the26.11administration of the pilot programs.26.12 Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 26.13 Personal history information and other information collected, 26.14 used or maintained by a grantee from which the identity of any 26.15 battered woman may be determined is private data on individuals, 26.16 as defined in section 13.02, subdivision 12, and the grantee 26.17 shall maintain the data in accordance with the provisions of 26.18 chapter 13. 26.19 Sec. 17. Minnesota Statutes 1998, section 611A.34, is 26.20 amended to read: 26.21 611A.34 [BATTERED WOMEN ADVISORY COUNCIL.] 26.22 Subdivision 1. [GENERALLY.] Thecommissionerdirector of 26.23 the Minnesota center for crime victim services shall appoint a 26.24 12-member advisory council to advise thecommissionerdirector 26.25 on the implementation and continued operation of 26.26 sections611A.31611A.32 to 611A.36. The batteredwomen'swomen 26.27 advisory council shall also serve as a liaison between 26.28 thecommissionerdirector and organizations that provide 26.29 services to battered women, and as an advocate for the rights of 26.30 victims of domestic violence. Section 15.059 governs the 26.31 filling of vacancies and removal of members of the advisory 26.32 council. The terms of the members of the advisory council shall 26.33 be two years. No member may serve on the advisory council for 26.34 more than two consecutive terms.Notwithstanding section26.3515.059,The councilshall not expireexpires June 30, 2001. 26.36 Council members shall not receive per diem, but shall 27.1 receiveexpenses in the same manner and amount as state27.2employeesexpense reimbursement as specified in section 15.059. 27.3 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 27.4 knowledgeable about and have experience or interest in issues 27.5 concerning battered women, including the need for effective 27.6 advocacy services. The membership of the council shall broadly 27.7 represent the interests of battered women in Minnesota. No more 27.8 than six of the members of the batteredwomen'swomen advisory 27.9 council may be representatives of community or governmental 27.10 organizations that provide services to battered women. One-half 27.11 of the council's members shall reside in the metropolitan area, 27.12 composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 27.13 and Carver counties, and one-half of the members shall reside in 27.14 the nonmetropolitan area. To the extent possible, 27.15 nonmetropolitan members must be representative of all 27.16 nonmetropolitan regions of the state. To the extent possible, 27.17 council membership must reflect diversity with regard to age, 27.18 gender, ethnicity, sexual orientation, and differing abilities. 27.19 Subd. 2a. [TERMS, VACANCIES; EXPENSES.] Section 15.059 27.20 governs the filling of vacancies and removal of members of the 27.21 battered women advisory council. The terms of the members of 27.22 the advisory council shall be two years. No member may serve on 27.23 the advisory council for more than two consecutive terms. 27.24 Subd. 3. [DUTIES.] The advisory council shall: 27.25 (1) advise thecommissionerdirector of the Minnesota 27.26 center for crime victim services on all planning, development, 27.27 data collection, rulemaking, funding, and evaluation of programs 27.28 and services for battered women that are funded under section 27.29 611A.32, other than matters of a purely administrative nature; 27.30 (2) advise thecommissionerdirector of the Minnesota 27.31 center for crime victim services on the adoption of rules under 27.32 chapter 14 governing the award of grants to ensure that funded 27.33 programs are consistent with section 611A.32, subdivision 1; 27.34 (3)recommend to the commissioner the names of five27.35applicants for the position of battered women's program27.36director;28.1(4)advise thecommissionerdirector on the rules adopted 28.2 under chapter 14 pursuant to section611A.33611A.202; 28.3(5)(4) review applications received by thecommissioner28.4 director for grants under section 611A.32 and make 28.5 recommendations on the awarding of grants; and 28.6(6)(5) advise the programdirectormanager in the 28.7 performance of duties in the administration and coordination of 28.8 the programs funded under section 611A.32. 28.9Subd. 4. [CONFLICTS OF INTEREST.] A member of the advisory28.10council shall be excluded from participating in review and28.11recommendations concerning a grant application if the member:28.12(1) serves or has served at any time during the past three28.13years as an employee, volunteer, or governing board member of an28.14organization whose application is being reviewed; or28.15(2) has a financial interest in the funding of the28.16applicant organization.28.17 Sec. 18. Minnesota Statutes 1998, section 611A.35, is 28.18 amended to read: 28.19 611A.35 [BATTERED WOMEN PROGRAMDIRECTORMANAGER.] 28.20 Thecommissionerdirector shallappoint, with the advice of 28.21 the advisory council, select and employ a programdirector28.22 manager who shall aid the council in the performance of its 28.23 duties.In appointing the program director the commissioner28.24shall give due consideration to the list of applicants submitted28.25to the commissioner pursuant to section 611A.34, subdivision 3,28.26clause (3).The programdirectormanager shall administer the 28.27 funds appropriated for sections611A.31611A.32 to 611A.36, 28.28 consult with and provide staff to the advisory council, and 28.29 perform other duties related to battered women's programs as the 28.30commissionerdirector may assign.The program director shall28.31serve at the pleasure of the commissioner in the unclassified28.32service.28.33 Sec. 19. Minnesota Statutes 1998, section 611A.36, is 28.34 amended to read: 28.35 611A.36 [DATA COLLECTION.] 28.36 Subdivision 1. [FORM PRESCRIBED.] Thecommissioner29.1 director shall, by rule adopted under chapter 14, after 29.2 considering the recommendations of the advisory council, 29.3 prescribe a uniform form and method for the collection of data 29.4 on battered women. The method and form of data collection shall 29.5 be designed to document the incidence of assault on battered 29.6 womenas defined in section 611A.31, subdivision 2. All data 29.7 collected by thecommissionerdirector pursuant to this section 29.8 shall be summary data within the meaning of section 13.02, 29.9 subdivision 19. 29.10 Subd. 2. [MANDATORY DATA COLLECTION.] Every local law 29.11 enforcement agency shall collect data related to battered women 29.12 in the form required by thecommissionerdirector. The data 29.13 shall be collected and transmitted to thecommissionerdirector 29.14 at such times as thecommissionerdirector shall, by rule, 29.15 require. 29.16 Subd. 3. [IMMUNITY FROM LIABILITY.] Any person 29.17 participating in good faith and exercising due care in the 29.18 collection and transmission of data pursuant to this section 29.19 shall have immunity from any liability, civil or criminal, that 29.20 otherwise might result by reason of the person's action. 29.21 Sec. 20. Minnesota Statutes 1998, section 611A.361, is 29.22 amended to read: 29.23 611A.361 [GENERAL CRIME VICTIMS ADVISORY COUNCIL.] 29.24 Subdivision 1. [CREATION.] Thecommissioner of corrections29.25 director of the Minnesota center for crime victim services shall 29.26 appoint a 12-member advisory council on general crime victims to 29.27 advise thecommissionerdirector on the implementation and 29.28 continued operation of chapter 611A with respect to victims of 29.29 crimes other than sexual assault and domestic abuse and child 29.30 abuse. The general crime victims advisory council shall also 29.31 serve as a liaison between thecommissionerdirector and 29.32 organizations that provide services to victims of general crime, 29.33 and as an advocatewithin the department of correctionsfor the 29.34 rights of general crime victims. The general crime advisory 29.35 council shall also administer the emergency fund grant program 29.36 described in section 611A.675 which shall be open to applicants 30.1 from all crime areas. 30.2 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 30.3 knowledgeable about and have experience or interest in issues 30.4 concerning general crime victims, including the need for 30.5 effective advocacy services. The membership of the council 30.6 shall represent the interests of general crime victims in 30.7 Minnesota. No more than six of the members of the general crime 30.8 victims advisory council may be representatives of community or 30.9 governmental organizations that provide services to crime 30.10 victims. One-half of the council's members shall reside in the 30.11 metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 30.12 Scott, Washington, and Carver counties, and one-half of the 30.13 members shall reside in the nonmetropolitan area. To the extent 30.14 possible, nonmetropolitan members must be representative of all 30.15 nonmetropolitan regions of the state. To the extent possible, 30.16 council membership must reflect diversity with regard to age, 30.17 ethnicity, gender, sexual orientation, and disabilities. 30.18 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 30.19 governs the filling of vacancies and removal of members of the 30.20 general crime victims advisory council. The terms of the 30.21 members of the advisory council shall be two years. No member 30.22 may serve on the advisory council for more than two consecutive 30.23 terms. The council expires on June 30, 2001. Council members 30.24 shall receive expense reimbursement as specified in section 30.25 15.059. 30.26 Subd. 5. [PROGRAM MANAGER.] The director shall, with the 30.27 advice of the advisory council, select and employ a program 30.28 manager for the council who shall aid the council in the 30.29 performance of its duties. 30.30 Sec. 21. [611A.366] [GENERAL CRIME VICTIM PROGRAMS.] 30.31 Subdivision 1. [GRANTS AWARDED.] The director of the 30.32 Minnesota center for crime victim services, in consultation with 30.33 the general crime advisory council shall award grants-in-aid to 30.34 programs which provide direct advocacy services, community 30.35 education, professional training, and systems change activities 30.36 for general crime victims. In addition to administering 31.1 grants-in-aid to programs, the director shall also award grants 31.2 for resources, training, and technical assistance to improve the 31.3 response of law enforcement, prosecutors, the criminal justice 31.4 system, medical providers, and other community agencies or 31.5 organizations which interact with general crime victims; to 31.6 develop and implement educational programs to increase public 31.7 awareness of the nature, scope, and root causes of violence and 31.8 victim experience; to develop the capacity of programs to meet 31.9 the needs of general crime victims; and to develop and implement 31.10 general crime prevention initiatives. 31.11 Subd. 2. [APPLICATIONS.] Public or private nonprofit 31.12 agencies and tribal governments may apply to the director for a 31.13 grant to provide direct advocacy services, community education, 31.14 and professional training or systems change activities for 31.15 victims of general crime. The application shall be submitted in 31.16 a form approved by the director, after consultation with the 31.17 advisory council and shall include: 31.18 (1) a proposal for the provision of services as requested 31.19 in the application; 31.20 (2) a proposed budget; 31.21 (3) evidence of an ability to integrate into the proposed 31.22 program the uniform method of data collection and program 31.23 evaluation; 31.24 (4) evidence of an ability to represent the interests of 31.25 victims of general crime to local law enforcement agencies, 31.26 courts, and other public and private community agencies; 31.27 (5) evidence of an ability to do outreach to unserved and 31.28 underserved populations and to provide culturally and 31.29 linguistically appropriate services; and 31.30 (6) any other content the director may require after 31.31 considering the recommendations of the advisory council. 31.32 Sec. 22. Minnesota Statutes 1998, section 611A.55, is 31.33 amended to read: 31.34 611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 31.35 Subdivision 1. [CREATION.] There is created in the 31.36department of public safetyMinnesota center for crime victim 32.1 services, for budgetary and administrative purposes, the crime 32.2 victims reparations board, which shall consist of five members 32.3 appointed by thecommissioner of public safety and selected from32.4among the membership of the crime victim and witness advisory32.5council created in section 611A.71director of the Minnesota 32.6 center for crime victim services. One of the members shall be 32.7 designated as chair by thecommissioner of public safety32.8 director of the Minnesota center for crime victim services and 32.9 serve as such at thecommissioner'sdirector's pleasure. At 32.10 least one member shall be a medical or osteopathic physician 32.11 licensed to practice in this state, and at least one member 32.12 shall be a victim, as defined in section 611A.01. To the extent 32.13 possible, board membership must reflect diversity with regard to 32.14 age, ethnicity, gender, sexual orientation, and disabilities. 32.15 Subd. 2. [TERMS, COMPENSATION, REMOVAL.] The membership 32.16 terms, compensation, removal of members, and filling of 32.17 vacancies on the board shall be as provided in section 15.0575. 32.18 Members of the board who are also members ofthe crime victim32.19and witnessan advisory councilcreated in section 611A.71of 32.20 the center shall not be compensated while performing duties for 32.21 the advisory council. 32.22 Subd. 3. [PART TIME.] Members of the board shall serve 32.23 part time. 32.24 Subd. 4. [PROGRAM MANAGER.] The director of the Minnesota 32.25 center for crime victim services shall appoint a program manager 32.26 who shall administer the funds appropriated for sections 611A.51 32.27 to 611A.67, consult with and provide staff to the reparations 32.28 board, and perform other duties related to reparations as the 32.29 director may assign. 32.30 Sec. 23. Minnesota Statutes 1998, section 611A.57, 32.31 subdivision 3, is amended to read: 32.32 Subd. 3. [CLAIM DECISION.] Theboard executive director32.33 reparations program manager may decide the claim in favor of a 32.34 claimant in the amount claimed on the basis of the papers filed 32.35 in support of it and the report of the investigation of such 32.36 claim. If unable to decide the claim upon the basis of the 33.1 papers and any report of investigation, theboard executive33.2directormanager shall discuss the matter with other members of 33.3 the board present at a board meeting. After discussion the 33.4 board shall vote on whether to grant or deny the claim or 33.5 whether further investigation is necessary. A decision granting 33.6 or denying the claim shall then be issued by theexecutive33.7directormanager. 33.8 Sec. 24. Minnesota Statutes 1998, section 611A.675, 33.9 subdivision 1, is amended to read: 33.10 Subdivision 1. [GRANTS AUTHORIZED.] The general crime 33.11victim and witnessadvisory council shall make grants to 33.12 prosecutors and victim assistance programs for the purpose of 33.13 providing emergency assistance to victims. As used in this 33.14 section, "emergency assistance" includes but is not limited to: 33.15 (1) replacement of necessary property that was lost, 33.16 damaged, or stolen as a result of the crime; 33.17 (2) purchase and installation of necessary home security 33.18 devices; 33.19 (3) transportation to locations related to the victim's 33.20 needs as a victim, such as medical facilities and facilities of 33.21 the criminal justice system; 33.22 (4) cleanup of the crime scene; and 33.23 (5) reimbursement for reasonable travel and living expenses 33.24 the victim incurred to attend court proceedings that were held 33.25 at a location other than the place where the crime occurred due 33.26 to a change of venue. 33.27 Sec. 25. Minnesota Statutes 1998, section 611A.71, is 33.28 amended to read: 33.29 611A.71 [COUNCIL; ESTABLISHMENT.] 33.30 Subdivision 1. [CREATION.] The Minnesota crime victim and 33.31 witness advisory council is established and shall consist of 16 33.32 members. 33.33 Subd. 2. [MEMBERSHIP.] (a) The crime victim and witness 33.34 advisory council shall consist of the following members, 33.35 appointed by thecommissioner of public safety after consulting33.36with the commissioner of correctionsdirector for the Minnesota 34.1 center for crime victim services: 34.2 (1) one district court judge appointed upon recommendation 34.3 of the chief justice of the supreme court; 34.4 (2) one county attorney appointed upon recommendation of 34.5 the Minnesota county attorneys association; 34.6 (3) one public defender appointed upon recommendation of 34.7 the state public defender; 34.8 (4) one peace officer; 34.9 (5) one medical or osteopathic physician licensed to 34.10 practice in this state; 34.11 (6) five members who are crime victims or crime victim 34.12 assistance representatives; 34.13 (7) three public members; and 34.14 (8) one member appointed on recommendation of the Minnesota 34.15 general crime victim coalition. 34.16 To the extent possible, the appointments should take into 34.17 accountsexage, gender, sexual orientation, race, disabilities, 34.18 and geographic distribution.No more than seven of the members34.19appointed under this paragraph may be of one gender.One of the 34.20 nonlegislative members must be designated by thecommissioner of34.21public safetydirector as chair of the council. 34.22 (b) Two members of the council shall be members of the 34.23 legislature who have demonstrated expertise and interest in 34.24 crime victims issues, one senator appointed under rules of the 34.25 senate and one member of the house of representatives appointed 34.26 under rules of the house of representatives. 34.27 Subd. 3. [TERMS OF OFFICE.] Section 15.059 governs the 34.28 terms of office, filling of vacancies, and removal of members of 34.29 the crime victim and witness advisory council. Members are 34.30 eligible for reappointment and appointment may be made to fill 34.31 an unexpired term. The members of the council shall elect any 34.32 additional officers necessary for the efficient discharge of 34.33 their duties. 34.34 Subd. 4. [COMPENSATION.] Each member of the council shall 34.35 serve without compensation. However, members of the council 34.36 shall receiveexpenses in the same manner and amount as provided35.1in the commissioner's plan under section 43A.18, subdivision 2;35.2provided that payments for expenses incurred must be paid from35.3the existing appropriation for the administrative portion of the35.4operating budget for the crime victims reparations35.5activityexpense reimbursement as specified in section 15.059. 35.6 Subd. 5. [DUTIES.] The council shall: 35.7 (1) review on a regular basis the treatment of victims by 35.8 the criminal justice system and the need and availability of 35.9 services to victims; 35.10 (2)advise the agency designated by the governor to apply35.11for victim assistance program grants under chapter 14 of Public35.12Law Number 98-473, in the coordination and allocation of federal35.13funds for crime victims assistance programs;35.14(3)advocate necessary changes and monitor victim-related 35.15 legislation; 35.16(4)(3) provide information, training, and technical 35.17 assistance to state and local agencies and groups involved in 35.18 victim and witness assistance; 35.19(5)(4) serve as a clearinghouse for information concerning 35.20 victim and witness programs; 35.21(6)(5) develop guidelines for the implementation of victim 35.22 and witness assistance programs and aid in the creation and 35.23 development of programs; 35.24(7)(6) coordinate the development and implementation of 35.25 policies and guidelines for the treatment of victims and 35.26 witnesses, and the delivery of services to them; and 35.27(8)(7) develop ongoing public awareness efforts and 35.28 programs to assist victims; and35.29(9) administer the grant program described in section35.30611A.675. 35.31 Subd. 6. [EXECUTIVE DIRECTORPROGRAM MANAGER.] The 35.32commissioner of public safetydirector shall, with the advice of 35.33 the advisory council, select and employan executive directora 35.34 program manager for the council who shallserve in the35.35unclassified service at the pleasure of the commissioner and35.36shallaid the council in the performance of its duties under 36.1 subdivision 5 andsupervise the administration of the Crime36.2Victims Reparations Actmanage the center's communications, 36.3 training, and research unit. 36.4 Subd. 7. [EXPIRATION.] The council expires on June 30, 36.5 2001. 36.6 Sec. 26. Minnesota Statutes 1998, section 611A.76, is 36.7 amended to read: 36.8 611A.76 [CRIME VICTIM SERVICES TELEPHONE LINE.] 36.9 Thecommissioner of public safetyoffice of the crime 36.10 victims ombudsman shall operate at least one statewide toll-free 36.11 24-hour telephone line for the purpose of providing crime 36.12 victims with referrals for victim services and resources. 36.13 Sec. 27. [TRANSFER OF VICTIM SERVICES FUNCTIONS TO 36.14 MINNESOTA CENTER FOR CRIME VICTIM SERVICES.] 36.15 Subdivision 1. [COMMISSIONER OF CORRECTIONS.] Except for 36.16 the duties relating to notice of release of offenders under 36.17 Minnesota Statutes, section 611A.06, all powers and duties 36.18 imposed on the commissioner of corrections relating to victim 36.19 services and rights by Minnesota Statutes, chapter 611A, are 36.20 transferred to and imposed on the director of the Minnesota 36.21 center for crime victim services. 36.22 Subd. 2. [COMMISSIONER OF PUBLIC SAFETY.] All powers and 36.23 duties imposed on the commissioner of public safety relating to 36.24 victim services and rights by Minnesota Statutes, chapter 611A, 36.25 are transferred to and imposed on the director of the Minnesota 36.26 center for crime victim services. 36.27 Subd. 3. [TRANSFER OF POWER.] Minnesota Statutes, section 36.28 15.039, applies to the transfer of power and duties under 36.29 subdivisions 1 and 2. 36.30 Sec. 28. [REPEALER.] 36.31 Minnesota Statutes 1998, sections 611A.21; 611A.22; 36.32 611A.221; 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; and 36.33 611A.78, are repealed.