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 government; creating the department 1.3 of crime victims and violence prevention; creating the 1.4 office of prevention of violence against women as an 1.5 office within the department; consolidating crime 1.6 victims and violence prevention programs within the 1.7 department; appropriating money; amending Minnesota 1.8 Statutes 1998, sections 15.01; 15.06, subdivision 1; 1.9 15A.0815, subdivision 2; 119A.13, subdivisions 2 and 1.10 3; 119A.17; 119A.22; 119A.23, subdivisions 2, 3, and 1.11 4; 124D.32, subdivisions 1 and 3; 145A.15, 1.12 subdivisions 1 and 4; 268.29; 268.30, subdivision 1, 1.13 and by adding a subdivision; 299A.331, subdivision 1; 1.14 299A.63, subdivisions 1, 2, and 3; 299C.065, 1.15 subdivisions 1a, 2, 3a, and 4; 609.3241; 609.5315, by 1.16 adding a subdivision; 609.605, subdivision 2; 1.17 609.7495, subdivision 1; 611A.01; 611A.02, subdivision 1.18 2; 611A.0311, subdivision 3; 611A.07, subdivision 1; 1.19 611A.25; 611A.32; 611A.34; 611A.35; 611A.36, 1.20 subdivision 1; 611A.361; 611A.55; 611A.57, subdivision 1.21 3; 611A.675, subdivision 1; 611A.71; 611A.74, 1.22 subdivision 1a; and 611A.76; Minnesota Statutes 1999 1.23 Supplement, sections 299A.292; 299A.293, subdivision 1.24 1; 299A.294, subdivision 3; 299A.295, subdivision 1; 1.25 299A.297; 299A.298; 299A.299, subdivisions 3 and 4; 1.26 299A.2994, subdivision 1; 609.531, subdivision 1; 1.27 611A.612; and 611A.77, subdivisions 1, 2, and 3; 1.28 proposing coding for new law in Minnesota Statutes, 1.29 chapter 611A; proposing coding for new law as 1.30 Minnesota Statutes, chapter 611B; repealing Minnesota 1.31 Statutes 1998, sections 119A.11, subdivision 6; 1.32 119A.20, subdivision 4; 611A.02, subdivision 1; 1.33 611A.21; 611A.22; 611A.221; 611A.31; 611A.33; 1.34 611A.345; 611A.41; 611A.43; and 611A.78. 1.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.36 ARTICLE 1 1.37 DEPARTMENT OF CRIME VICTIMS AND VIOLENCE 1.38 PREVENTION AND OFFICE OF PREVENTION OF 1.39 VIOLENCE AGAINST WOMEN 1.40 Section 1. [LEGISLATIVE INTENT.] 2.1 The legislature recognizes the legitimacy of and the 2.2 continuing need for providing services to crime victims and 2.3 programs for the prevention of crime, and preventing the 2.4 occurrence of violence against women. The legislature further 2.5 recognizes the importance of the involvement of victims, victim 2.6 advocates, and the community in these programs. It is the 2.7 intent of the legislature to preserve this involvement while 2.8 simultaneously providing for a more streamlined and efficient 2.9 process. 2.10 The legislature's intent in merging crime victims services 2.11 and violence prevention programs into one department and 2.12 creating the office of prevention of violence against women is 2.13 to: 2.14 (1) provide these services in a more efficient manner; 2.15 (2) increase the quantity and quality of the services 2.16 offered; 2.17 (3) provide for a unified and stronger voice to advocate on 2.18 behalf of those who receive the services; 2.19 (4) provide easier access to crime prevention programs for 2.20 the community; 2.21 (5) provide easier access to victim services for crime 2.22 victims; 2.23 (6) provide better information about services and 2.24 appropriate referrals to them; 2.25 (7) improve training opportunities for service providers 2.26 and other members of the criminal justice community; 2.27 (8) increase collaboration between providers; 2.28 (9) identify and rectify gaps in services; and 2.29 (10) improve the continuum of care offered in response to 2.30 violence in the community. 2.31 CHAPTER 611B 2.32 DEPARTMENT OF CRIME VICTIMS AND 2.33 VIOLENCE PREVENTION 2.34 Sec. 2. [611B.01] [DEFINITIONS.] 2.35 Subdivision 1. [APPLICABILITY.] As used in this chapter, 2.36 unless the context clearly indicates otherwise, the following 3.1 terms have the meanings given. 3.2 Subd. 2. [ADVOCACY.] "Advocacy" means action taken on 3.3 behalf of a victim in accordance with the self-defined needs of 3.4 the victim. 3.5 Subd. 3. [ADVOCACY PROGRAMS.] "Advocacy programs" include 3.6 programs that act on behalf of victims and provide an array of 3.7 services including, but not limited to, support services, 3.8 community education and professional training, and systems 3.9 change activities. 3.10 Subd. 4. [BATTERED WOMAN OR BATTERED WOMEN.] "Battered 3.11 woman" or "battered women" means a woman or women who are being 3.12 or have been victimized by domestic abuse as defined in section 3.13 518B.01, subdivision 2. 3.14 Subd. 5. [COMMISSIONER.] "Commissioner" means the 3.15 commissioner of crime victims and violence prevention. 3.16 Subd. 6. [COMMUNITY EDUCATION AND PROFESSIONAL 3.17 TRAINING.] "Community education and professional training" 3.18 includes, but is not limited to, training on sexual violence, 3.19 battering and domestic violence, or general crime victims; 3.20 ongoing direct supervision and training for all paid and unpaid 3.21 advocacy program staff; community education about victim needs; 3.22 the nature, scope, and root causes of victimization, and about 3.23 the availability of advocacy programs; and responding to the 3.24 training needs of the public, criminal justice system 3.25 professionals, and other community agencies and organizations. 3.26 Subd. 7. [CRIME.] "Crime" has the meaning given in section 3.27 611A.01. 3.28 Subd. 8. [DEPARTMENT.] "Department" means the department 3.29 of crime victims and violence prevention. 3.30 Subd. 9. [EMERGENCY SHELTER SERVICES.] "Emergency shelter 3.31 services" includes, but is not limited to, secure crisis 3.32 shelters for battered women and housing networks for battered 3.33 women. 3.34 Subd. 10. [GENERAL CRIME.] "General crime" means any crime 3.35 which is not already included in the definitions of sexual 3.36 assault, battered women, or abused children. 4.1 Subd. 11. [JUVENILE.] "Juvenile" has the same meaning 4.2 given to the term "child" in section 260B.007, subdivision 3. 4.3 Subd. 12. [SEXUAL ASSAULT.] "Sexual assault" means any act 4.4 of sexual violence including, but not limited to, acts falling 4.5 under criminal sexual conduct as defined in sections 609.342 to 4.6 609.3451, and other civil and criminal violations which involve 4.7 nonconsensual verbal or physical sexual activity or sexual 4.8 exploitation. 4.9 Subd. 13. [SUPPORT SERVICES.] "Support services" includes, 4.10 but is not limited to, counseling, transportation, child care, 4.11 24-hour information and referral, and accompaniment during 4.12 contacts with criminal justice and human services agencies; 4.13 consultations with other organizations regarding specific cases; 4.14 safe housing; assistance with accessing crime victim 4.15 compensation; assistance in pursuing civil, criminal, and family 4.16 court remedies; and access to support groups or informal group 4.17 activities. 4.18 Subd. 14. [SYSTEMS CHANGE.] "Systems change" includes, but 4.19 is not limited to, protocol and policy development to improve 4.20 the systems and community responsiveness to the needs of 4.21 survivors of sexual violence, battered women, or general crime 4.22 victims, and to initiate and participate in prevention. 4.23 Subd. 15. [VICTIM.] "Victim" means a natural person who 4.24 incurs loss or harm as a result of a crime, including a good 4.25 faith effort to prevent a crime, and for purposes of sections 4.26 611A.04 and 611A.045, also includes (1) a corporation that 4.27 incurs loss or harm as a result of a crime, (2) a government 4.28 entity that incurs loss or harm as a result of a crime, and (3) 4.29 any other entity authorized to receive restitution under section 4.30 609.10 or 609.125. If the victim is a natural person and is 4.31 deceased, victim means the deceased's surviving spouse or next 4.32 of kin. 4.33 Sec. 3. [611B.02] [DEPARTMENT OF CRIME VICTIMS AND 4.34 VIOLENCE PREVENTION; ORGANIZATION.] 4.35 The department of crime victims and violence prevention is 4.36 an agency in the executive branch under the administrative 5.1 control of a commissioner appointed by the governor with the 5.2 advice and consent of the senate. The commissioner may appoint 5.3 two deputy commissioners. The commissioner has the general 5.4 powers provided in section 15.06, subdivision 6. 5.5 Sec. 4. [611B.03] [COMMISSIONER'S DUTIES.] 5.6 The commissioner shall: 5.7 (1) manage the office and define the duties of employees 5.8 and delegate to them any of the commissioner's powers, duties, 5.9 and responsibilities, subject to the commissioner's control and 5.10 the conditions the commissioner prescribes; 5.11 (2) establish and maintain administrative units necessary 5.12 to perform administrative functions common to all units of the 5.13 department; 5.14 (3) transfer authorized positions and personnel between the 5.15 units as necessary to staff those units; 5.16 (4) coordinate interagency cooperation in the provision of 5.17 services to victims and witnesses; 5.18 (5) award grants to programs after considering 5.19 recommendations of the advisory councils; 5.20 (6) appoint members of the advisory councils; and 5.21 (7) adopt rules necessary to implement the duties of the 5.22 commissioner described in this chapter. 5.23 Sec. 5. [611B.035] [OFFICE OF PREVENTION OF VIOLENCE 5.24 AGAINST WOMEN.] 5.25 Subdivision 1. [DESCRIPTION; DIRECTOR.] The office of 5.26 prevention of violence against women is an office within the 5.27 department headed by a director appointed by the commissioner. 5.28 The director serves at the commissioner's pleasure in the 5.29 unclassified service. The director may appoint, supervise, 5.30 discipline, and discharge other employees in the office. 5.31 Subd. 2. [RESPONSIBILITIES.] The office shall: 5.32 (1) advocate for victims of violence against women; 5.33 (2) increase public education and visibility about the 5.34 prevention of violence against women; 5.35 (3) force accountability regarding violence against women 5.36 at all levels of the system, and hold public officials 6.1 accountable when the system fails; 6.2 (4) support prosecution and civil litigation efforts 6.3 regarding violence against women at the federal and state 6.4 levels; 6.5 (5) initiate policy changes regarding violence against 6.6 women at all levels of government; 6.7 (6) coordinate existing resources and promote coordinated 6.8 and immediate community responses to better serve victims of 6.9 violence against women; 6.10 (7) build partnerships among law enforcement, prosecutors, 6.11 defenders, and courts to reduce violence against women; 6.12 (8) encourage and support the efforts of health care 6.13 providers, mental health experts, employers, educators, clergy 6.14 members, and others, in raising awareness of and addressing how 6.15 to prevent violence against women; and 6.16 (9) coordinate and maximize the use of federal, state, and 6.17 local resources available to prevent violence against women and 6.18 leverage more resources through grants and private funding. 6.19 Subd. 3. [OTHER RESPONSIBILITIES.] In addition to those 6.20 described in subdivision 2, the commissioner may assign other 6.21 appropriate responsibilities to the office and director. 6.22 Sec. 6. [611B.04] [SCOPE OF VICTIMS' RIGHTS.] 6.23 The rights afforded to crime victims in sections 611B.01 to 6.24 611B.10 are applicable to adult criminal cases, juvenile 6.25 delinquency proceedings, juvenile traffic proceedings involving 6.26 driving under the influence of alcohol or drugs, and proceedings 6.27 involving any other act committed by a juvenile that would be a 6.28 crime as defined in section 609.02, if committed by an adult. 6.29 Sec. 7. [611B.91] [CRIMINAL GANG PREVENTION AND 6.30 INTERVENTION GRANT PROGRAM.] 6.31 Subdivision 1. [PROGRAM DESCRIBED.] The commissioner shall 6.32 administer a criminal gang prevention and intervention grant 6.33 program and may make grants to assist organizations engaged in 6.34 offering services to: 6.35 (1) help gang members separate themselves, or remain 6.36 separated, from their gang affiliation; and 7.1 (2) prevent individuals from becoming affiliated with gangs. 7.2 The commissioner shall develop a grant application that 7.3 specifies the eligibility criteria for receiving grants. The 7.4 commissioner may require grant recipients to match a percentage 7.5 of the grant. 7.6 Subd. 2. [ELIGIBILITY FOR GRANTS.] An organization must 7.7 meet the following criteria to be eligible for a grant under 7.8 this section: 7.9 (1) it must be a private, nonprofit organization or a local 7.10 public agency; 7.11 (2) it must offer and provide to clients of the program 7.12 services to help gang members terminate their affiliation with 7.13 gangs, help former gang members to continue to remain separated 7.14 from their gang affiliation, or prevent youths from becoming 7.15 affiliated with gangs; and 7.16 (3) it must provide matching funds or in-kind services in 7.17 compliance with the formula set by the commissioner, if any. 7.18 Subd. 3. [SERVICES TO BE OFFERED.] The services offered by 7.19 grant recipients may include educational, recreational, and 7.20 community service opportunities; job skills and life skills 7.21 development; medical services; counseling; and other appropriate 7.22 services. 7.23 Subd. 4. [REPORT TO LEGISLATURE.] By January 15 of each 7.24 year, the commissioner shall report to the chairs of the senate 7.25 and house committees and divisions having jurisdiction over 7.26 criminal justice funding on grants made under this section. 7.27 Sec. 8. [611B.92] [CRIMINAL GANG PREVENTION AND 7.28 INTERVENTION ACCOUNT.] 7.29 The criminal gang prevention and intervention account is an 7.30 account in the state treasury. Money in the account consists of 7.31 money transferred to it pursuant to section 609.5315, 7.32 subdivision 5b. The money in the account is annually 7.33 appropriated to the commissioner to make the grants described in 7.34 section 611B.91. 7.35 ARTICLE 2 7.36 CONFORMING AMENDMENTS AND 8.1 IMPLEMENTATION OF ACT 8.2 Section 1. Minnesota Statutes 1998, section 15.01, is 8.3 amended to read: 8.4 15.01 [DEPARTMENTS OF THE STATE.] 8.5 The following agencies are designated as the departments of 8.6 the state government: the department of administration; the 8.7 department of agriculture; the department of commerce; the 8.8 department of corrections; the department of children, families, 8.9 and learning; the department of crime victims and violence 8.10 prevention; the department of economic security; the department 8.11 of trade and economic development; the department of finance; 8.12 the department of health; the department of human rights; the 8.13 department of labor and industry; the department of military 8.14 affairs; the department of natural resources; the department of 8.15 employee relations; the department of public safety; the 8.16 department of public service; the department of human services; 8.17 the department of revenue; the department of transportation; the 8.18 department of veterans affairs; and their successor departments. 8.19 Sec. 2. Minnesota Statutes 1998, section 15.06, 8.20 subdivision 1, is amended to read: 8.21 Subdivision 1. [APPLICABILITY.] This section applies to 8.22 the following departments or agencies: the departments of 8.23 administration, agriculture, commerce, corrections, crime 8.24 victims and violence prevention, economic security, children, 8.25 families, and learning, employee relations, trade and economic 8.26 development, finance, health, human rights, labor and industry, 8.27 natural resources, public safety, public service, human 8.28 services, revenue, transportation, and veterans affairs; the 8.29 housing finance and pollution control agencies; the office of 8.30 commissioner of iron range resources and rehabilitation; the 8.31 bureau of mediation services; and their successor departments 8.32 and agencies. The heads of the foregoing departments or 8.33 agencies are "commissioners." 8.34 Sec. 3. Minnesota Statutes 1998, section 15A.0815, 8.35 subdivision 2, is amended to read: 8.36 Subd. 2. [GROUP I SALARY LIMITS.] The salaries for 9.1 positions in this subdivision may not exceed 85 percent of the 9.2 salary of the governor: 9.3 Commissioner of administration; 9.4 Commissioner of agriculture; 9.5 Commissioner of children, families, and learning; 9.6 Commissioner of commerce; 9.7 Commissioner of corrections; 9.8 Commissioner of crime victims and violence prevention; 9.9 Commissioner of economic security; 9.10 Commissioner of employee relations; 9.11 Commissioner of finance; 9.12 Commissioner of health; 9.13 Executive director, higher education services office; 9.14 Commissioner, housing finance agency; 9.15 Commissioner of human rights; 9.16 Commissioner of human services; 9.17 Executive director, state board of investment; 9.18 Commissioner of labor and industry; 9.19 Commissioner of natural resources; 9.20 Director of office of strategic and long-range planning; 9.21 Commissioner, pollution control agency; 9.22 Commissioner of public safety; 9.23 Commissioner, department of public service; 9.24 Commissioner of revenue; 9.25 Commissioner of trade and economic development; 9.26 Commissioner of transportation; and 9.27 Commissioner of veterans affairs. 9.28 Sec. 4. Minnesota Statutes 1998, section 119A.13, 9.29 subdivision 2, is amended to read: 9.30 Subd. 2. [ADVISORY COUNCIL.] An advisory council of1718 9.31 members is established under section 15.059. The commissioners 9.32 of crime victims and violence prevention, human services, 9.33 health, and children, families, and learning shall each appoint 9.34 one member. The subcommittee on committees of the senate and 9.35 the speaker of the house of representatives shall each appoint 9.36 two members of their respective bodies, one from each caucus. 10.1 The governor shall appoint an additional ten members who shall 10.2 demonstrate knowledge in the area of child abuse prevention and 10.3 shall represent the demographic and geographic composition of 10.4 the state, and to the extent possible, represent the following 10.5 groups: local government, parents, racial and ethnic minority 10.6 communities, the religious community, professional providers of 10.7 child abuse prevention services, and volunteers in child abuse 10.8 prevention services. The council shall advise and assist the 10.9 commissioner in carrying out sections 119A.10 to 119A.16. The 10.10 council does not expire as provided by section 15.059, 10.11 subdivision 5. 10.12 Sec. 5. Minnesota Statutes 1998, section 119A.13, 10.13 subdivision 3, is amended to read: 10.14 Subd. 3. [PLAN FOR DISBURSEMENT OF FUNDS.]By June 1,10.151987,The commissioner, assisted by the advisory council, shall 10.16 develop a plan to disburse money from the trust fund. In 10.17 developing the plan, the commissioner shall review prevention 10.18 programs. The plan must ensure that all geographic areas of the 10.19 state have an equal opportunity to establish prevention programs 10.20 and receive trust fund money. 10.21 Sec. 6. Minnesota Statutes 1998, section 119A.17, is 10.22 amended to read: 10.23 119A.17 [ANNUAL APPROPRIATION.] 10.24 All earnings from trust fund assets, all sums received 10.25 under section 119A.16, and 60 percent of the amount collected 10.26 under section 144.226, subdivision 3, are appropriated annually 10.27 from the children's trust fund for the prevention of child abuse 10.28 to the commissionerof children, families, and learningto carry 10.29 out sections 119A.10 to 119A.16.In fiscal year 1987 only, the10.30first $75,000 collected under section 144.226, subdivision 3, is10.31appropriated from the children's trust fund for the prevention10.32of child abuse to the commissioner of children, families, and10.33learning to carry out sections 119A.10 to 119A.16.10.34 Sec. 7. Minnesota Statutes 1998, section 119A.22, is 10.35 amended to read: 10.36 119A.22 [DUTIES OF THE COMMISSIONER.] 11.1 The commissioner shall: 11.2 (1) review applications and award grants to programs 11.3 pursuant to section 119A.21 after considering the recommendation 11.4 of the abused children advisory council; 11.5 (2) appoint members of the abused children advisory council 11.6 created under section 119A.23 and provide consultative staff and 11.7 other administrative services to the council; 11.8 (3)after considering the recommendationwith the advice of 11.9 the abused children advisory council, appoint a programdirector11.10 manager to aid the council in the performance of its duties and 11.11 perform the duties set forth in this clause.In appointing the11.12program director the commissioner shall give due consideration11.13to the list of applicants submitted to the commissioner pursuant11.14to this section.The programdirectormanager shall administer 11.15 the funds appropriated for sections 119A.20 to 119A.23, consult 11.16 with and provide staff to the advisory council and perform other 11.17 duties related to abused children's programs as the commissioner 11.18 may assign; 11.19 (4) design a uniform method of collecting data on abused 11.20 children's programs to be used to monitor and assure compliance 11.21 of the programs funded under section 119A.21; 11.22 (5) provide technical aid to applicants in the development 11.23 of grant requests and to programs in meeting the data collection 11.24 requirements established by the commissioner; and 11.25 (6) adopt, under chapter 14, all rules necessary to 11.26 implement the provisions of sections 119A.20 to 119A.23. 11.27 Sec. 8. Minnesota Statutes 1998, section 119A.23, 11.28 subdivision 2, is amended to read: 11.29 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 11.30 knowledgeable about or have interests in issues concerning 11.31 abused children and the programs that serve them, including the 11.32 need for effective advocacy services. The membership of the 11.33 council shall broadly represent the interests of abused children 11.34 throughout Minnesota, including representation of people of 11.35 color and other individuals from traditionally underserved 11.36 population, and must include one member from the department of 12.1 human services child protection unit. No more than six members 12.2 of the council may be representatives of community or 12.3 governmental organizations that provide abused children 12.4 services. One-half of the council's members shall reside in the 12.5 metropolitan area consisting of the counties of Anoka, Carver, 12.6 Dakota, Hennepin, Ramsey, Scott, and Washington, and one-half of 12.7 the members shall reside in the nonmetropolitan area. To the 12.8 extent possible, nonmetropolitan members must be representative 12.9 of all nonmetropolitan regions of the state. To the extent 12.10 possible, council membership must reflect diversity with regard 12.11 to age, ethnicity, gender, sexual orientation, and disabilities. 12.12 Sec. 9. Minnesota Statutes 1998, section 119A.23, 12.13 subdivision 3, is amended to read: 12.14 Subd. 3. [DUTIES.] The advisory council shall: 12.15 (1) advise the commissioner on all planning, development, 12.16 data collection, rulemaking, funding, and evaluation of abused 12.17 children programs under section 119A.22; 12.18 (2) advise the commissioner on the adoption of rules under 12.19 chapter 14 governing the award of grants to ensure that funded 12.20 programs are consistent with section 119A.21; 12.21 (3)recommend to the commissioner the names of five12.22applicants for the position of abused children program director;12.23(4)advise the commissioner on the rules adopted under 12.24 chapter 14; 12.25(5)(4) review applications received by the commissioner 12.26 for grants under section 119A.21 and make recommendations on the 12.27 awarding of grants; and 12.28(6)(5) advise the programdirectormanager in the 12.29 performance of duties in the administration and coordination of 12.30 the programs funded under section 119A.21. 12.31 Sec. 10. Minnesota Statutes 1998, section 119A.23, 12.32 subdivision 4, is amended to read: 12.33 Subd. 4. [CONFLICT OF INTEREST.] A member of the advisory 12.34 council shall be excluded from participating in all aspects of 12.35 grant review andrecommendationrecommendations concerning a 12.36 grantallocationapplication and any grant applications in the 13.1 corresponding competitive category if the member: 13.2 (1) serves or has served at any time during thelastpast 13.3 three years as an employee, paid consultant, volunteer, or 13.4 governing board member of an organization whose application is 13.5 being reviewed;or13.6 (2) has a financial interest in the funding of the 13.7 applicant organization; or 13.8 (3) has a relative, spouse, or partner affiliated with an 13.9 applicant organization or project. 13.10 Any staff member with a conflict of interest may take part 13.11 in the overall review process but may not rate or take part in 13.12 discussions about funding for the program for which they have a 13.13 conflict of interest. 13.14 Sec. 11. Minnesota Statutes 1998, section 124D.32, 13.15 subdivision 1, is amended to read: 13.16 Subdivision 1. [GRANT PROGRAM ESTABLISHED.] A learn and 13.17 earn graduation achievement grant program is established under 13.18 the administration of the commissionerof children, families,13.19and learning. The purpose of the program is to aid local 13.20 communities in their efforts to decrease youth crime by 13.21 improving the secondary educational success and increasing the 13.22 post-secondary educational opportunities of low-income high 13.23 school students who reside in and attend schools in communities 13.24 that have a high level of poverty and juvenile crime. The 13.25 commissioner shall make grants under this section to applicants 13.26 to establish local learn and earn programs that are 13.27 school-centered and that use a community-based approach that 13.28 provides eligible youth in grades 9 through 12 with individually 13.29 tailored opportunities for academic enrichment, community 13.30 service, and personal development that lead to a high school 13.31 diploma and post-secondary education. 13.32 Sec. 12. Minnesota Statutes 1998, section 124D.32, 13.33 subdivision 3, is amended to read: 13.34 Subd. 3. [LOCAL PROGRAMS; APPLICATION PROCEDURE; GRANT 13.35 AWARDS.] The commissioner shall make grants to eligible 13.36 applicants to establish local learn and earn programs. Each 14.1 program shall operate for at least a four-year period. A local 14.2 program shall select its participants from among eligible 14.3 students who are entering or are in the ninth grade at the 14.4 inception of the program. A program may not refill a program 14.5 slot with another student if a student drops out of the program. 14.6 Students selected to participate in the program shall be 14.7 considered part of the program class and students who drop out 14.8 may return to the program at any time prior to graduation. 14.9 The commissioner shall establish the application procedure 14.10 for awarding grants under this section.The commissioner shall14.11begin awarding grants by May 1, 1998.14.12 Sec. 13. Minnesota Statutes 1998, section 145A.15, 14.13 subdivision 1, is amended to read: 14.14 Subdivision 1. [ESTABLISHMENT.] The commissionerof health14.15 shall expand the current grant program to fund additional 14.16 projects designed to prevent child abuse and neglect and reduce 14.17 juvenile delinquency by promoting positive parenting, resiliency 14.18 in children, and a healthy beginning for children by providing 14.19 early intervention services for families in need. Grant dollars 14.20 shall be available to train paraprofessionals to provide in-home 14.21 intervention services and to allow public health nurses to do 14.22 case management of services. The grant program shall provide 14.23 early intervention services for families in need and will 14.24 include: 14.25 (1) expansion of current public health nurse and family 14.26 aide home visiting programs and public health home visiting 14.27 projects which prevent child abuse and neglect, prevent juvenile 14.28 delinquency, and build resiliency in children; 14.29 (2) early intervention to promote a healthy and nurturing 14.30 beginning; 14.31 (3) distribution of educational and public information 14.32 programs and materials in hospital maternity divisions, 14.33 well-baby clinics, obstetrical clinics, and community clinics; 14.34 and 14.35 (4) training of home visitors in skills necessary for 14.36 comprehensive home visiting which promotes a healthy and 15.1 nurturing beginning for the child. 15.2 Sec. 14. Minnesota Statutes 1998, section 145A.15, 15.3 subdivision 4, is amended to read: 15.4 Subd. 4. [EVALUATION.] Each program that receives a grant 15.5 under this section must include a plan for program evaluation 15.6 designed to measure the effectiveness of the program in 15.7 preventing child abuse and neglect.On January 1, 1994, and15.8annually thereafterBy January 15 of each year, the commissioner 15.9of healthshall submit a report to the legislature on all 15.10 activities initiated in the prior biennium under this section. 15.11 The report shall include information on the outcomes reported by 15.12 all programs that received grant funds under this section in 15.13 that biennium. 15.14 Sec. 15. Minnesota Statutes 1998, section 268.29, is 15.15 amended to read: 15.16 268.29 [JUVENILE JUSTICE PROGRAM.] 15.17 The governor shall designate the departmentof economic15.18securityas the sole agency responsible for supervising the 15.19 preparation and administration of the state plan for juvenile 15.20 justice required by the Juvenile Justice and Delinquency 15.21 Prevention Act of 1974, as amended. 15.22 The governor shall designate the juvenile justice advisory 15.23 committee as the supervisory board for the departmentof15.24economic securitywith respect to preparation and administration 15.25 of the state plan and award of grants. 15.26 The governor shall appoint members to the juvenile justice 15.27 advisory committee in accordance with the membership 15.28 requirements of the Juvenile Justice and Delinquency Prevention 15.29 Act of 1974, as amended. 15.30 Sec. 16. Minnesota Statutes 1998, section 268.30, 15.31 subdivision 1, is amended to read: 15.32 Subdivision 1. [GRANTSDEFINITION.]The commissioner may15.33make grants to nonprofit agencies administering youth15.34intervention programs in communities where the programs are or15.35may be established.15.36 "Youth intervention program" means a nonresidential 16.1 community-based program providing advocacy, education, 16.2 counseling, and referral services to youth and their families 16.3 experiencing personal, familial, school, legal, or chemical 16.4 problems with the goal of resolving the present problems and 16.5 preventing the occurrence of the problems in the future. 16.6 Sec. 17. Minnesota Statutes 1998, section 268.30, is 16.7 amended by adding a subdivision to read: 16.8 Subd. 1a. [GRANTS.] The commissioner may make grants to 16.9 nonprofit agencies administering youth intervention programs in 16.10 communities where the programs are or may be established. 16.11 Sec. 18. Minnesota Statutes 1999 Supplement, section 16.12 299A.292, is amended to read: 16.13 299A.292 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 16.14 Subdivision 1. [OFFICE.] The office of drug policy and 16.15 violence prevention is an office in the departmentof public16.16safety, headed bythe commissionera director appointed by the 16.17 commissioner. The director serves at the commissioner's 16.18 pleasure in the unclassified service. Thecommissionerdirector 16.19 may appoint other employees. Thecommissionerdirector shall 16.20 coordinate the violence prevention activities and the prevention 16.21 and supply reduction activities of state and local agencies and 16.22 use the resources of the office to conduct activities related to 16.23 crime prevention and enforcement as deemed necessary. 16.24 Subd. 2. [DUTIES.] (a) Thecommissionerdirector shall: 16.25 (1) gather, develop, and make available throughout the 16.26 state information and educational materials on preventing and 16.27 reducing violence in the family and in the community, both 16.28 directly and by serving as a clearinghouse for information and 16.29 educational materials from schools, state and local agencies, 16.30 community service providers, and local organizations; 16.31 (2) foster collaboration among schools, state and local 16.32 agencies, community service providers, and local organizations 16.33 that assist in violence intervention or prevention; 16.34 (3) assist schools, state and local agencies, service 16.35 providers, and organizations, on request, with training and 16.36 other programs designed to educate individuals about violence 17.1 and reinforce values that contribute to ending violence; 17.2 (4) after consulting with all state agencies involved in 17.3 preventing or reducing violence within the family or community, 17.4 develop a statewide strategy for preventing and reducing 17.5 violence that encompasses the efforts of those agencies and 17.6 takes into account all money available for preventing or 17.7 reducing violence from any source; 17.8 (5) submit the strategy to the governor by January 15 of 17.9 each calendar year, along with a summary of activities occurring 17.10 during the previous year to prevent or reduce violence 17.11 experienced by children, young people, and their families; 17.12 (6) assist appropriate professional and occupational 17.13 organizations, including organizations of law enforcement 17.14 officers, prosecutors, and educators, in developing and 17.15 operating informational and training programs to improve the 17.16 effectiveness of activities to prevent or reduce violence within 17.17 the family or community; and 17.18 (7) take other actions deemed necessary to reduce the 17.19 incidence of crime. 17.20 Thecommissionerdirector also may, through this program, 17.21 support activities and strategies of the criminal gang council 17.22 and strike force as specified in sections 299A.64, 299A.65, and 17.23 299A.66. 17.24 (b) Thecommissionerdirector shall gather and make 17.25 available information on prevention and supply reduction 17.26 activities throughout the state, foster cooperation among 17.27 involved state and local agencies, and assist agencies and 17.28 public officials in training and other programs designed to 17.29 improve the effectiveness of prevention and supply reduction 17.30 activities. 17.31 (c) Thecommissionerdirector shall coordinate the 17.32 distribution of funds received by the state of Minnesota through 17.33 the federal Anti-Drug Abuse Act. Thecommissionerdirector 17.34 shall determine recipients of grants under section 299A.33, 17.35 after consultation with the chemical abuse prevention resource 17.36 council. 18.1 (d) Thecommissionerdirector shall: 18.2 (1) after consultation with all state agencies involved in 18.3 prevention or supply reduction activities, develop a state 18.4 chemical abuse and dependency strategy encompassing the efforts 18.5 of those agencies and taking into account all money available 18.6 for prevention and supply reduction activities, from any source; 18.7 (2) submit the strategy to the governor by January 15 of 18.8 each year, along with a summary of prevention and supply 18.9 reduction activities during the preceding calendar year; 18.10 (3) assist appropriate professional and occupational 18.11 organizations, including organizations of law enforcement 18.12 officers, prosecutors, and educators, in developing and 18.13 operating informational and training programs to improve the 18.14 effectiveness of prevention and supply reduction activities; 18.15 (4) provide information, including information on drug 18.16 trends, and assistance to state and local agencies, both 18.17 directly and by functioning as a clearinghouse for information 18.18 from other agencies; 18.19 (5) facilitate cooperation among drug program agencies; and 18.20 (6) in coordination with the chemical abuse prevention 18.21 resource council, review, approve, and coordinate the 18.22 administration of prevention, criminal justice, and treatment 18.23 grants. 18.24 Sec. 19. Minnesota Statutes 1999 Supplement, section 18.25 299A.293, subdivision 1, is amended to read: 18.26 Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A chemical 18.27 abuse and violence prevention council consisting of1920 18.28 members is established. The commissioners of public safety, 18.29 children, families, and learning, crime victims and violence 18.30 prevention, health, corrections, and human services, the 18.31 director of the office of strategic and long-range planning, and 18.32 the attorney general shall each appoint one member from among 18.33 their employees. The speaker of the house of representatives 18.34 and the subcommittee on committees of the senate shall each 18.35 appoint a legislative member. The governor shall appoint an 18.36 additional ten members who shall represent the demographic and 19.1 geographic composition of the state and, to the extent possible, 19.2 shall represent the following: public health; education 19.3 including preschool, elementary, and higher education; social 19.4 services; financial aid services; chemical dependency treatment; 19.5 law enforcement; prosecution; defense; the judiciary; 19.6 corrections; treatment research professionals; drug abuse 19.7 prevention professionals; the business sector; religious 19.8 leaders; representatives of racial and ethnic minority 19.9 communities; and other community representatives. The members 19.10 shall designate one of the governor's appointees as chair of the 19.11 council. Compensation and removal of members are governed by 19.12 section 15.059. 19.13 Sec. 20. Minnesota Statutes 1999 Supplement, section 19.14 299A.294, subdivision 3, is amended to read: 19.15 Subd. 3. [GRANT PROGRAMS.] The council shall, in 19.16 coordination with thecommissionerdirector of the office of 19.17 drug policy and violence prevention, review and approve state 19.18 agency plans regarding the use of federal funds for programs to 19.19 reduce chemical abuse or reduce the supply of controlled 19.20 substances. The appropriate state agencies would have 19.21 responsibility for management of state and federal drug grant 19.22 programs. 19.23 Sec. 21. Minnesota Statutes 1999 Supplement, section 19.24 299A.295, subdivision 1, is amended to read: 19.25 Subdivision 1. [ESTABLISHMENT; REQUIREMENTS.] The 19.26 commissionerof public safetymay establish pilot projects at 19.27 neighborhood centers serving youths between the ages of 11 to 19.28 21. The centers may offer recreational activities, social 19.29 services, meals, job skills and career services, and provide 19.30 referrals for youths to other available services outside the 19.31 centers. The commissioner may consult with other appropriate 19.32 agencies and, to the extent possible, use existing resources and 19.33 staff in creating the programs. The commissioner shall ensure 19.34 that the programs, if offered, are adequately staffed by 19.35 specially trained personnel and outreach street workers. Each 19.36 center may integrate community volunteers into the program's 20.1 activities and services and cooperate with local law enforcement 20.2 agencies. The centers must be open during hours convenient to 20.3 youths including evenings, weekends, and extended summer hours. 20.4 However, there may not be any conflicts with truancy laws. Each 20.5 center must have a plan for evaluation designed to measure the 20.6 program's effectiveness in aiding youths. 20.7 Sec. 22. Minnesota Statutes 1999 Supplement, section 20.8 299A.297, is amended to read: 20.9 299A.297 [OTHER DUTIES.] 20.10 Thecommissioner of public safetydirector of the office of 20.11 drug policy and violence prevention, in consultation with the 20.12 chemical abuse and violence prevention council, shall: 20.13 (1) provide information and assistance upon request to 20.14 school preassessment teams established under section 121A.26 and 20.15 school and community advisory teams established under section 20.16 121A.27; 20.17 (2) provide information and assistance upon request to the 20.18 state board of pharmacy with respect to the board's enforcement 20.19 of chapter 152; 20.20 (3) cooperate with and provide information and assistance 20.21 upon request to the alcohol and other drug abuse section in the 20.22 department of human services; 20.23 (4) coordinate the policy of the office with that of the 20.24 narcotic enforcement unit in the bureau of criminal 20.25 apprehension; and 20.26 (5) coordinate the activities of the regional drug task 20.27 forces, provide assistance and information to them upon request, 20.28 and assist in the formation of task forces in areas of the state 20.29 in which no task force operates. 20.30 Sec. 23. Minnesota Statutes 1999 Supplement, section 20.31 299A.298, is amended to read: 20.32 299A.298 [COOPERATION OF OTHER AGENCIES.] 20.33 State agencies, and agencies and governing bodies of 20.34 political subdivisions, shall cooperate with thecommissioner of20.35public safetydirector of the office of drug policy and violence 20.36 prevention and shall provide any public information requested by 21.1 thecommissionerdirector. 21.2 Sec. 24. Minnesota Statutes 1999 Supplement, section 21.3 299A.299, subdivision 3, is amended to read: 21.4 Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] The 21.5commissioner of public safetydirector of the office of drug 21.6 policy and violence prevention may award a grant to a county, 21.7 multicounty organization, or city, as described in subdivision 21.8 1, for establishing and operating a multidisciplinary chemical 21.9 abuse prevention team. Thecommissionerdirector may approve up 21.10 to five applications for grants under this subdivision. The 21.11 grant funds must be used to establish a multidisciplinary 21.12 chemical abuse prevention team to carry out the duties in 21.13 subdivision 2. 21.14 Sec. 25. Minnesota Statutes 1999 Supplement, section 21.15 299A.299, subdivision 4, is amended to read: 21.16 Subd. 4. [DIRECTOR; ADMINISTRATION OF GRANTS.] The 21.17commissionerdirector shall develop a process for administering 21.18 grants under subdivision 3. The process must be compatible with 21.19 the community grant program under the Drug Free Schools and 21.20 Communities Act, Public Law Number 100-690. The process for 21.21 administering the grants must include establishing criteria the 21.22 commissioner shall apply in awarding grants. Thecommissioner21.23 director shall issue requests for proposals for grants under 21.24 subdivision 3. The request must be designed to obtain detailed 21.25 information about the applicant and other information 21.26 thecommissionerdirector considers necessary to evaluate and 21.27 select a grant recipient. The applicant shall submit a proposal 21.28 for a grant on a form and in a manner prescribed by 21.29 thecommissionerdirector. Thecommissionerdirector shall 21.30 award grants under this section so that 50 percent of the funds 21.31 appropriated for the grants go to the metropolitan area 21.32 comprised of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 21.33 Washington counties, and 50 percent of the funds go to the area 21.34 outside the metropolitan area. The process for administering 21.35 the grants must also include procedures for monitoring the 21.36 recipients' use of grant funds and reporting requirements for 22.1 grant recipients. 22.2 Sec. 26. Minnesota Statutes 1999 Supplement, section 22.3 299A.2994, subdivision 1, is amended to read: 22.4 Subdivision 1. [GRANT PROGRAM.] The commissionerof public22.5safetyshall establish a grant program for coordinated, 22.6 family-based crime intervention and prevention services for 22.7 Asian-American youth. The commissioners of crime victims and 22.8 violence prevention, human services, children, families, and 22.9 learning, and public safety shall work together to coordinate 22.10 grant activities. 22.11 Sec. 27. Minnesota Statutes 1998, section 299A.331, 22.12 subdivision 1, is amended to read: 22.13 Subdivision 1. [MEMBERSHIP.] The advisory council on drug 22.14 abuse resistance education consists of: 22.15 (1) the attorney general who shall serve as chair; 22.16 (2) the commissioner of crime victims and violence 22.17 prevention; 22.18 (3) the commissioner of public safety; 22.19(3)(4) the commissioner of children, families, and 22.20 learning; 22.21(4)(5) three representatives of law enforcement appointed 22.22 by the commissioner of public safety; 22.23(5)(6) three representatives of education appointed by the 22.24 commissioner of children, families, and learning; 22.25(6)(7) a representative of the DARE officers association 22.26 appointed by the peace officer standards and training board from 22.27 among recommendations of the association; and 22.28(7)(8) seven citizens appointed by the attorney general. 22.29 Sec. 28. Minnesota Statutes 1998, section 299A.63, 22.30 subdivision 1, is amended to read: 22.31 Subdivision 1. [ESTABLISHMENT.] A grant program is 22.32 established under the administration of the commissionerof22.33public safetyto assist local communities in their efforts to 22.34 eradicate violent crime, illegal drug activity, and illegal gang 22.35 activity in targeted neighborhoods, and to revitalize these 22.36 targeted neighborhoods economically and physically. 23.1 Sec. 29. Minnesota Statutes 1998, section 299A.63, 23.2 subdivision 2, is amended to read: 23.3 Subd. 2. [AWARDING GRANT.] The commissionerof public23.4safetyshall act as fiscal agent for the grant program and shall 23.5 be responsible for receiving applications for grants and 23.6 awarding grants under this section. Before any grants are 23.7 awarded, a committee consisting of the attorney general, and 23.8 representatives from the Minnesota chiefs of police association, 23.9 the Minnesota sheriffs association, and the Minnesota police and 23.10 peace officers association, shall evaluate the grant 23.11 applications. Before grants are awarded, the commissioner shall 23.12 meet and consult with the committee concerning its evaluation of 23.13 and recommendations on grant proposals. At least 50 percent of 23.14 the grants awarded under this section must be awarded to the 23.15 cities of Minneapolis and St. Paul. 23.16 Sec. 30. Minnesota Statutes 1998, section 299A.63, 23.17 subdivision 3, is amended to read: 23.18 Subd. 3. [GRANT PROCESS.] (a) A city may apply for a grant 23.19 under this section by submitting an application to the 23.20 commissionerof public safetyon a form prescribed by the 23.21 commissioner. The application shall: 23.22 (1) identify the neighborhood within the city that has been 23.23 proposed by the city's mayor as a targeted site; 23.24 (2) describe the problems to be corrected within the 23.25 targeted neighborhood and the strengths that make the targeted 23.26 neighborhood a suitable candidate for funding; and 23.27 (3) contain the city's plan for use of the grant funds. 23.28 This plan must: 23.29 (i) be prepared in consultation with residents of the 23.30 targeted neighborhood; 23.31 (ii) describe the specific law enforcement, community 23.32 policing, prevention, intervention, treatment, and neighborhood 23.33 revitalization activities that the city intends to undertake; 23.34 and 23.35 (iii) include a reporting and evaluation component. 23.36 (b) A city may apply for more than one grant under this 24.1 section; however, each grant may target only one neighborhood. 24.2 Sec. 31. Minnesota Statutes 1998, section 299C.065, 24.3 subdivision 1a, is amended to read: 24.4 Subd. 1a. [WITNESS AND VICTIM PROTECTION FUND; GRANTS.]A24.5 (a) The witness and victim protection fund iscreatedunder the 24.6 administration of the commissionerof public safety. The 24.7 commissioner may make grants to local officials to provide for 24.8 the relocation or other protection of a victim, witness, or 24.9 potential witness who is involved in a criminal prosecution and 24.10 who the commissioner has reason to believe is or is likely to be 24.11 the target of a violent crime or a violation of section 609.498 24.12 or 609.713, in connection with that prosecution.The awarding24.13of grants under this subdivision is not limited to the crimes24.14and investigations described in subdivision 1.The commissioner 24.15 may award grants for any of the following actions in connection 24.16 with the protection of a witness or victim under this 24.17subdivisionsection: 24.18 (1) to provide suitable documents to enable the person to 24.19 establish a new identity or otherwise protect the person; 24.20 (2) to provide housing for the person; 24.21 (3) to provide for the transportation of household 24.22 furniture and other personal property to the person's new 24.23 residence; 24.24 (4) to provide the person with a payment to meet basic 24.25 living expenses for a time period the commissioner deems 24.26 necessary; 24.27 (5) to assist the person in obtaining employment; and 24.28 (6) to provide other services necessary to assist the 24.29 person in becoming self-sustaining. 24.30 (b) A county sheriff or the chief administrative officer of 24.31 a municipal police department may apply to the commissioner for 24.32 a grant for any of the purposes described in subdivision 1 on 24.33 forms and pursuant to procedures developed by the commissioner. 24.34 Sec. 32. Minnesota Statutes 1998, section 299C.065, 24.35 subdivision 2, is amended to read: 24.36 Subd. 2. [APPLICATION FOR GRANT.] A county sheriff or the 25.1 chief administrative officer of a municipal police department 25.2 may apply to the commissioner of public safety for a grant for 25.3 any of the purposes described in subdivision 1or 1a, on forms 25.4 and pursuant to procedures developed by the superintendent.For25.5grants under subdivision 1,The application shall describe the 25.6 type of intended criminal investigation, an estimate of the 25.7 amount of money required, and any other information the 25.8 superintendent deems necessary. 25.9 Sec. 33. Minnesota Statutes 1998, section 299C.065, 25.10 subdivision 3a, is amended to read: 25.11 Subd. 3a. [ACCOUNTING REPORT; DATA CLASSIFICATION.] (a) 25.12 The head of a law enforcement agency that receives a grant under 25.13 subdivision1a1 shall file a report with the commissioner at 25.14 the conclusion of the case detailing the specific purposes for 25.15 which the money was spent. The commissioner shall prepare and 25.16 submit to the chairs of the committees in the senate and house 25.17 of representatives with jurisdiction over criminal justice 25.18 policy by January 1 of each even-numbered year a summary report 25.19 of witness assistance services provided under this section. 25.20 (b) An application to the commissioner for money is a 25.21 confidential record. Information within investigative files 25.22 that identifies or could reasonably be used to ascertain the 25.23 identity of assisted witnesses is a confidential record. A 25.24 report at the conclusion of an investigation is a public record, 25.25 except that information in a report pertaining to the identity 25.26 or location of an assisted witness is private data. 25.27 Sec. 34. Minnesota Statutes 1998, section 299C.065, 25.28 subdivision 4, is amended to read: 25.29 Subd. 4. [DATA CLASSIFICATION.] An application to the 25.30 commissioner for money is a confidential record. Information 25.31 within investigative files that identifies or could reasonably 25.32 be used to ascertain the identity ofassisted witnesses,25.33 sources,or undercover investigators is a confidential record. 25.34 A report at the conclusion of an investigation is a public 25.35 record, except that information in a report pertaining to the25.36identity or location of an assisted witness is private data. 26.1 Sec. 35. Minnesota Statutes 1998, section 609.3241, is 26.2 amended to read: 26.3 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 26.4 When a court sentences an adult convicted of violating 26.5 section 609.322 or 609.324, while acting other than as a 26.6 prostitute, the court shall impose an assessment of not less 26.7 than $250 and not more than $500 for a violation of section 26.8 609.324, subdivision 2, or a misdemeanor violation of section 26.9 609.324, subdivision 3; otherwise the court shall impose an 26.10 assessment of not less than $500 and not more than $1,000. The 26.11 mandatory minimum portion of the assessment is to be used for 26.12 the purposes described in section 626.558, subdivision 2a, and 26.13 is in addition to the surcharge required by section 357.021, 26.14 subdivision 6. Any portion of the assessment imposed in excess 26.15 of the mandatory minimum amount shall be forwarded to the 26.16 general fund and is appropriated annually to the commissioner of 26.17correctionscrime victims and violence prevention. The 26.18 commissioner, with the assistance of the general crime victims 26.19 advisory council, shall use money received under this section 26.20 for grants to agencies that provide assistance to individuals 26.21 who have stopped or wish to stop engaging in prostitution. 26.22 Grant money may be used to provide these individuals with 26.23 medical care, child care, temporary housing, and educational 26.24 expenses. 26.25 Sec. 36. Minnesota Statutes 1999 Supplement, section 26.26 609.531, subdivision 1, is amended to read: 26.27 Subdivision 1. [DEFINITIONS.] For the purpose of sections 26.28 609.531 to 609.5318, the following terms have the meanings given 26.29 them. 26.30 (a) "Conveyance device" means a device used for 26.31 transportation and includes, but is not limited to, a motor 26.32 vehicle, trailer, snowmobile, airplane, and vessel and any 26.33 equipment attached to it. The term "conveyance device" does not 26.34 include property which is, in fact, itself stolen or taken in 26.35 violation of the law. 26.36 (b) "Weapon used" means a dangerous weapon as defined under 27.1 section 609.02, subdivision 6, that the actor used or had in 27.2 possession in furtherance of a crime. 27.3 (c) "Property" means property as defined in section 609.52, 27.4 subdivision 1, clause (1). 27.5 (d) "Contraband" means property which is illegal to possess 27.6 under Minnesota law. 27.7 (e) "Appropriate agency" means the bureau of criminal 27.8 apprehension, the Minnesota state patrol, a county sheriff's 27.9 department, the suburban Hennepin regional park district park 27.10 rangers, the department of natural resources division of 27.11 enforcement, the University of Minnesota police department,ora 27.12 city or airport police department, or the criminal gang strike 27.13 force described in section 299A.64. 27.14 (f) "Designated offense" includes: 27.15 (1) for weapons used: any violation of this chapter, 27.16 chapter 152, or chapter 624; 27.17 (2) for all other purposes: a felony violation of, or a 27.18 felony-level attempt or conspiracy to violate, section 325E.17; 27.19 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 27.20 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 27.21 609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 27.22 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 27.23 (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 27.24 and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 27.25 609.52; 609.525; 609.527; 609.53; 609.54; 609.551; 609.561; 27.26 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 609.66, 27.27 subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 27.28 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 27.29 609.895; 617.246; or a gross misdemeanor or felony violation of 27.30 section 609.891 or 624.7181; or any violation of section 609.324. 27.31 (g) "Controlled substance" has the meaning given in section 27.32 152.01, subdivision 4. 27.33 Sec. 37. Minnesota Statutes 1998, section 609.5315, is 27.34 amended by adding a subdivision to read: 27.35 Subd. 5b. [DISTRIBUTION OF MONEY; CRIMINAL GANG STRIKE 27.36 FORCE.] (a) The money or proceeds forwarded to the criminal gang 28.1 strike force under subdivision 5, clause (1), must be 28.2 administered by the criminal gang oversight council described in 28.3 section 299A.64. The council may use up to 50 percent of the 28.4 money or proceeds for expenses related to the operation of the 28.5 council and the strike force. The council shall forward a 28.6 minimum of 50 percent of the money or proceeds to the 28.7 commissioner of finance. The commissioner shall deposit the 28.8 money into the gang prevention and intervention account 28.9 described in section 611B.92. 28.10 (b) The council shall specify in its annual report required 28.11 in section 299A.64, subdivision 10, the amount of money received 28.12 under this subdivision and the amount forwarded under paragraph 28.13 (a). 28.14 Sec. 38. Minnesota Statutes 1998, section 609.605, 28.15 subdivision 2, is amended to read: 28.16 Subd. 2. [GROSS MISDEMEANOR.] Whoever trespasses upon the 28.17 grounds of a facility providing emergency shelter services for 28.18 battered women, as defined under section611A.31, subdivision 328.19 611B.01, or of a facility providing transitional housing for 28.20 battered women and their children, without claim of right or 28.21 consent of one who has right to give consent, and refuses to 28.22 depart from the grounds of the facility on demand of one who has 28.23 right to give consent, is guilty of a gross misdemeanor. 28.24 Sec. 39. Minnesota Statutes 1998, section 609.7495, 28.25 subdivision 1, is amended to read: 28.26 Subdivision 1. [DEFINITIONS.] For the purposes of this 28.27 section, the following terms have the meanings given them. 28.28 (a) "Facility" means any of the following: 28.29 (1) a hospital or other health institution licensed under 28.30 sections 144.50 to 144.56; 28.31 (2) a medical facility as defined in section 144.561; 28.32 (3) an agency, clinic, or office operated under the 28.33 direction of or under contract with the commissioner of health 28.34 or a community health board, as defined in section 145A.02; 28.35 (4) a facility providing counseling regarding options for 28.36 medical services or recovery from an addiction; 29.1 (5) a facility providing emergency shelter services for 29.2 battered women, as defined in section611A.31, subdivision 329.3 611B.01, or a facility providing transitional housing for 29.4 battered women and their children; 29.5 (6) a facility as defined in section 626.556, subdivision 29.6 2, paragraph (f); 29.7 (7) a facility as defined in section 626.5572, subdivision 29.8 6, where the services described in that paragraph are provided; 29.9 (8) a place to or from which ambulance service, as defined 29.10 in section 144E.001, is provided or sought to be provided; and 29.11 (9) a hospice program licensed under section 144A.48. 29.12 (b) "Aggrieved party" means a person whose access to or 29.13 egress from a facility is obstructed in violation of subdivision 29.14 2, or the facility. 29.15 Sec. 40. Minnesota Statutes 1999 Supplement, section 29.16 611A.01, is amended to read: 29.17 611A.01 [DEFINITIONS.] 29.18 For the purposes of sections 611A.01 to 611A.06: 29.19(a)(1) "Crime" means conduct that is prohibited by local 29.20 ordinance and results in bodily harm to an individual; or 29.21 conduct that is included within the definition of "crime" in 29.22 section 609.02, subdivision 1, or would be included within that 29.23 definition but for the fact that (i) the person engaging in the 29.24 conduct lacked capacity to commit the crime under the laws of 29.25 this state, or (ii) the act was alleged or found to have been 29.26 committed by a juvenile; 29.27(b)(2) "Victim" means a natural person who incurs loss or 29.28 harm as a result of a crime, including a good faith effort to 29.29 prevent a crime,and for purposes of sections 611A.04 and29.30611A.045, also includes (i) a corporation that incurs loss or29.31harm as a result of a crime, (ii) a government entity that29.32incurs loss or harm as a result of a crime, and (iii) any other29.33entity authorized to receive restitution under section 609.10 or29.34609.125.or, if the victim is a natural person and is deceased, 29.35 "victim" means the deceased's surviving spouse or next of kin; 29.36 and 30.1(c)(3) "Juvenile" has the same meaning as given to the 30.2 term "child" in section 260B.007, subdivision 3. 30.3 Sec. 41. Minnesota Statutes 1998, section 611A.02, 30.4 subdivision 2, is amended to read: 30.5 Subd. 2. [VICTIMS' RIGHTS.] (a) The crime victim and 30.6 witness advisory council shall develop two model notices of the 30.7 rights of crime victims. 30.8 (b) The initial notice of the rights of crime victims must 30.9 be distributed by a peace officer to each victim, as defined in30.10section 611A.01,at the time of initial contact with the 30.11 victim. The notice must inform a victim of: 30.12 (1) the victim's right to apply for reparations to cover 30.13 losses, not including property losses, resulting from a violent 30.14 crime and the telephone number to call to request an 30.15 application; 30.16 (2) the victim's right to request that the law enforcement 30.17 agency withhold public access to data revealing the victim's 30.18 identity under section 13.82, subdivision 10, paragraph (d); 30.19 (3) the additional rights of domestic abuse victims as 30.20 described in section 629.341; 30.21 (4) information on the nearest crime victim assistance 30.22 program or resource; and 30.23 (5) the victim's rights, if an offender is charged, to be 30.24 informed of and participate in the prosecution process, 30.25 including the right to request restitution. 30.26 (c) A supplemental notice of the rights of crime victims 30.27 must be distributed by the city or county attorney's office to 30.28 each victim, within a reasonable time after the offender is 30.29 charged or petitioned. This notice must inform a victim of all 30.30 the rights of crime victims under this chapter. 30.31 Sec. 42. Minnesota Statutes 1998, section 611A.0311, 30.32 subdivision 3, is amended to read: 30.33 Subd. 3. [NOTICE FILED WITH DEPARTMENTOF PUBLIC SAFETY.] 30.34 Each city and county attorney shall file a notice that a 30.35 prosecution plan has been adopted with the commissioner of 30.36 public safety by June 1, 1994. Prosecution plans shall be kept 31.1 on file with the department. The commissioner, in consultation 31.2 with the battered women advisory council, shall evaluate the 31.3 effectiveness of the prosecution plan pilot program. 31.4 Sec. 43. Minnesota Statutes 1998, section 611A.07, 31.5 subdivision 1, is amended to read: 31.6 Subdivision 1. [GENERALLY.] The commissioner of 31.7 corrections, after considering the recommendations of the 31.8 battered women advisory council and the sexual assault advisory 31.9 council, and in collaboration with thecommissioner31.10 commissioners of public safety and crime victims and violence 31.11 prevention, shall adopt standards governing electronic 31.12 monitoring devices used to protect victims of domestic abuse. 31.13 In developing proposed standards, the commissioner shall 31.14 consider the experience of the courts in the tenth judicial 31.15 district in the use of the devices to protect victims of 31.16 domestic abuse. These standardsshallmust promote the safety 31.17 of the victim andshallmust include measures to avoid the 31.18 disparate use of the device with communities of color, product 31.19 standards, monitoring agency standards, and victim disclosure 31.20 standards. 31.21 Sec. 44. [611A.204] [ADVISORY COUNCIL RECOMMENDATIONS.] 31.22 The commissioner shall consider recommendations of the 31.23 appropriate advisory council before awarding grants or adopting 31.24 rules, policies, or procedures regarding the planning, 31.25 development, data collection, funding, or evaluation of programs 31.26 and services for victims. Notification of grant award decisions 31.27 must be given to the advisory council in time to allow the 31.28 council to request reconsideration. 31.29 Sec. 45. [611A.205] [CONFLICTS OF INTEREST.] 31.30 A member of a grant review panel for the department shall 31.31 be excluded from participating in all aspects of grant review 31.32 and recommendations concerning a grant application and any grant 31.33 applications in the corresponding competitive category if the 31.34 member: 31.35 (1) serves or has served at any time during the past three 31.36 years as an employee, volunteer, paid consultant, or governing 32.1 board member of an organization whose application is being 32.2 reviewed; 32.3 (2) has a financial interest in the funding of the 32.4 applicant organization; or 32.5 (3) has a relative, spouse, or partner affiliated with an 32.6 applicant organization or project. 32.7 Any staff member with a conflict of interest may take part 32.8 in the overall review process but may not rate or take part in 32.9 discussions about funding for the program for which they have a 32.10 conflict of interest. 32.11 Sec. 46. [611A.206] [DUTIES OF GRANTEES.] 32.12 Every public or private nonprofit agency and tribal 32.13 government which receives a grant from the department to provide 32.14 direct advocacy services shall comply with all rules, policies, 32.15 and procedures of the department related to the administration 32.16 of the programs. 32.17 Sec. 47. [611A.225] [SEXUAL ASSAULT PROGRAMS.] 32.18 Subdivision 1. [GRANTS AWARDED.] The commissioner, in 32.19 consultation with the sexual assault advisory council, shall 32.20 award grants-in-aid to programs which provide direct advocacy, 32.21 support services, community education, professional training, 32.22 and systems change activities. In addition to administering 32.23 grants-in-aid to programs, the commissioner shall also award 32.24 grants for resources, training, and technical assistance to 32.25 improve the response of law enforcement, prosecutors, the 32.26 criminal justice system, medical providers, and other community 32.27 agencies or organizations which interact with sexual assault 32.28 victims; to develop and implement educational programs to 32.29 increase public awareness of the nature, scope, and root causes 32.30 of sexual violence and the dynamics of victimization; to develop 32.31 the capacity of programs to meet the needs of sexual assault 32.32 victims; and to develop and implement sexual assault prevention 32.33 initiatives. 32.34 Subd. 2. [APPLICATIONS.] Public or private nonprofit 32.35 agencies and tribal governments may apply to the commissioner 32.36 for a grant to provide direct advocacy services. The 33.1 application shall be submitted in a form approved by the 33.2 commissioner, after consultation with the advisory council, and 33.3 shall include: 33.4 (1) a proposal for the provision of services as requested 33.5 in the application; 33.6 (2) a proposed budget; 33.7 (3) evidence of an ability to integrate into the proposed 33.8 program the uniform method of data collection and program 33.9 evaluation; 33.10 (4) evidence of an ability to represent the interests of 33.11 victims of sexual assault to local law enforcement agencies, 33.12 courts, and other public and private community agencies; 33.13 (5) evidence of an ability to do outreach to unserved and 33.14 underserved populations and to provide culturally and 33.15 linguistically appropriate services; and 33.16 (6) any other content the commissioner may require after 33.17 considering the recommendations of the advisory council. 33.18 Sec. 48. Minnesota Statutes 1998, section 611A.25, is 33.19 amended to read: 33.20 611A.25 [SEXUAL ASSAULT ADVISORY COUNCIL.] 33.21 Subdivision 1. [CREATION.] The commissionerof corrections33.22 shall appoint a 12-member advisory council on sexual assault to 33.23 advise the commissioner on the implementation and continued 33.24 operation ofsections 611A.21 and 611A.221section 611A.225. 33.25 The sexual assault advisory council shall also serve as a 33.26 liaison between the commissioner and organizations that provide 33.27 services to victims of sexual assault, and as an advocatewithin33.28the department of correctionsfor the rights of sexual assault 33.29 victims. 33.30 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 33.31 knowledgeable about and have experience or interest in issues 33.32 concerning victims of sexual assault, including the need for 33.33 effective advocacy services. The membership of the council 33.34 shall represent the interests of sexual assault victims in 33.35 Minnesota. No more than six of the members of the sexual 33.36 assault advisory council may be representatives of community or 34.1 governmental organizations that provide services to sexual 34.2 assault victims. One-half of the council's members shall reside 34.3 in the metropolitan area, composed of Hennepin, Ramsey, Anoka, 34.4 Dakota, Scott, Washington, and Carver counties, and one-half of 34.5 the members shall reside in the nonmetropolitan area. To the 34.6 extent possible, nonmetropolitan members must be representative 34.7 of all nonmetropolitan regions of the state. To the extent 34.8 possible, council membership must reflect diversity with regard 34.9 to age, ethnicity, gender, sexual orientation, and disabilities. 34.10 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 34.11 governs the filling of vacancies and removal of members of the 34.12 sexual assault advisory council. The terms of the members of 34.13 the advisory council shall be two years. No member may serve on 34.14 the advisory council for more than two consecutive terms. The 34.15 council expires on June 30, 2001. Council members shall receive 34.16 expense reimbursement as specified in section 15.059. 34.17 Subd. 5. [DUTIES.] The advisory council shall: 34.18 (1) advise the commissioner on all planning, development, 34.19 data collection, rulemaking, funding, and evaluation of programs 34.20 and services for victims of sexual assault that are funded under 34.21 section 611A.225 other than matters of a purely administrative 34.22 nature; 34.23 (2) advise the commissioner on rules adopted under chapter 34.24 14 pursuant to section 611A.225; 34.25 (3) review applications received by the commissioner for 34.26 grants under section 611A.225 and make recommendations on the 34.27 awarding of grants; and 34.28 (4) advise the program manager in performance of duties in 34.29 the administration and coordination of the programs funded under 34.30 section 611A.225. 34.31 Subd. 6. [SEXUAL ASSAULT PROGRAM MANAGER.] The 34.32 commissioner shall appoint, with the advice of the advisory 34.33 council, a program manager who shall aid the council in the 34.34 performance of its duties. The program manager shall administer 34.35 the funds appropriated for section 611A.225, consult with and 34.36 provide staff to the sexual assault advisory council, and 35.1 perform other duties related to sexual assault programs as the 35.2 commissioner may assign. The sexual assault program manager 35.3 shall work with the battered women program manager to provide 35.4 staff to the planning committee for federal Violence Against 35.5 Women Act funds and to perform other duties related to the 35.6 violence against women programming as the commissioner may 35.7 assign. The sexual assault program manager shall serve at the 35.8 pleasure of the commissioner in the unclassified service. 35.9 Sec. 49. Minnesota Statutes 1998, section 611A.32, is 35.10 amended to read: 35.11 611A.32 [BATTERED WOMEN PROGRAMS.] 35.12 Subdivision 1. [GRANTS AWARDED.] The commissioner, in 35.13 consultation with the battered women advisory council, shall 35.14 award grants to programs which provide emergency shelter 35.15 services and support services to battered women and their 35.16 children. The commissioner shall also award grants for 35.17 training, technical assistance, and for the development and 35.18 implementation of education programs to increase public 35.19 awareness of the causes of battering, the solutions to 35.20 preventing and ending domestic violence, and the problems faced 35.21 by battered women. Grants shall be awarded in a manner that 35.22 ensures that they are equitably distributed to programs serving 35.23 metropolitan and nonmetropolitan populations. By July 1, 1995, 35.24 community-based domestic abuse advocacy and support services 35.25 programs must be established in every judicial assignment 35.26 district. 35.27 Subd. 1a. [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 35.28 commissioner shall establish at least one program under this 35.29 section to provide emergency shelter services and support 35.30 services to battered American Indian women. The commissioner 35.31 shall grant continuing operating expenses to the program 35.32 established under this subdivision in the same manner as 35.33 operating expenses are granted to programs established under 35.34 subdivision 1. 35.35 Subd. 2. [APPLICATIONS.]AnyPublic or private 35.36 nonprofitagencyagencies and tribal governments may apply to 36.1 the commissioner for a grant to provide emergency shelter 36.2 services, support services, or both, to battered women and their 36.3 children. The application shall be submitted in a form approved 36.4 by the commissionerby rule adopted under chapter 14, after 36.5 consultation with the advisory council, and shall include: 36.6 (1) a proposal for the provision of emergency shelter 36.7 services, support services, or both, for battered women and 36.8 their children; 36.9 (2) a proposed budget; 36.10 (3) evidence of an ability to integrate into the proposed 36.11 program the uniform method of data collection and program 36.12 evaluation established undersections 611A.33 andsection 36.13 611A.34; 36.14 (4) evidence of an ability to represent the interests of 36.15 battered women and their children to local law enforcement 36.16 agencies and courts, county welfare agencies, and local boards 36.17 or departments of health; 36.18 (5) evidence of an ability to do outreach to unserved and 36.19 underserved populations and to provide culturally and 36.20 linguistically appropriate services; and 36.21 (6) any other content the commissioner may requireby rule36.22adopted under chapter 14,after considering the recommendations 36.23 of the advisory council. 36.24 Programs which have been approved for grants in prior years 36.25 may submit materials which indicate changes in items listed in 36.26 clauses (1) to (6), in order to qualify for renewal funding. 36.27 Nothing in this subdivision may be construed to require programs 36.28 to submit complete applications for each year of renewal funding. 36.29Subd. 3. [DUTIES OF GRANTEES.] Every public or private36.30nonprofit agency which receives a grant to provide emergency36.31shelter services and support services to battered women shall36.32comply with all rules of the commissioner related to the36.33administration of the pilot programs.36.34 Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 36.35 Personal history information and other information collected, 36.36 used or maintained by a grantee from which the identity of any 37.1 battered woman may be determined is private data on individuals, 37.2 as defined in section 13.02, subdivision 12, and the grantee 37.3 shall maintain the data in accordance with the provisions of 37.4 chapter 13. 37.5 Sec. 50. Minnesota Statutes 1998, section 611A.34, is 37.6 amended to read: 37.7 611A.34 [BATTERED WOMEN ADVISORY COUNCIL.] 37.8 Subdivision 1. [GENERALLY.] The commissioner shall appoint 37.9 a 12-member advisory council to advise the commissioner on the 37.10 implementation and continued operation of sections611A.3137.11 611A.32 to 611A.36. The batteredwomen'swomen advisory council 37.12 shall also serve as a liaison between the commissioner and 37.13 organizations that provide services to battered women and as an 37.14 advocate for the rights of victims of domestic violence. 37.15 Section 15.059 governs the filling of vacancies and removal of 37.16 members of the advisory council. The terms of the members of 37.17 the advisory council shall be two years. No member may serve on 37.18 the advisory council for more than two consecutive 37.19 terms.Notwithstanding section 15.059,The councilshall not37.20expireexpires June 30, 2001. Council members shall not receive 37.21 per diem,but shall receiveexpenses in the same manner and37.22amount as state employeesexpense reimbursement as specified in 37.23 section 15.059. 37.24 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 37.25 knowledgeable about and have experience or interest in issues 37.26 concerning battered women, including the need for effective 37.27 advocacy services. The membership of the council shall broadly 37.28 represent the interests of battered women in Minnesota. No more 37.29 than six of the members of the batteredwomen'swomen advisory 37.30 council may be representatives of community or governmental 37.31 organizations that provide services to battered women. One-half 37.32 of the council's members shall reside in the metropolitan area, 37.33 composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 37.34 and Carver counties, and one-half of the members shall reside in 37.35 the nonmetropolitan area. To the extent possible, 37.36 nonmetropolitan members must be representative of all 38.1 nonmetropolitan regions of the state. To the extent possible, 38.2 council membership must reflect diversity with regard to age, 38.3 gender, ethnicity, sexual orientation, and disabilities. 38.4 Subd. 2a. [TERMS, VACANCIES; EXPENSES.] Section 15.059 38.5 governs the filling of vacancies and removal of members of the 38.6 battered women advisory council. The terms of the members of 38.7 the advisory council shall be two years. No member may serve on 38.8 the advisory council for more than two consecutive terms. 38.9 Subd. 3. [DUTIES.] The advisory council shall: 38.10 (1) advise the commissioner on all planning, development, 38.11 data collection, rulemaking, funding, and evaluation of programs 38.12 and services for battered women that are funded under section 38.13 611A.32, other than matters of a purely administrative nature; 38.14 (2) advise the commissioner on the adoption of rules under 38.15 chapter 14 governing the award of grants to ensure that funded 38.16 programs are consistent with section 611A.32, subdivision 1; 38.17 (3)recommend to the commissioner the names of five38.18applicants for the position of battered women's program38.19director;38.20(4)advise the commissioner on the rules adopted under 38.21 chapter 14 pursuant to section611A.33611B.03; 38.22(5)(4) review applications received by the commissioner 38.23 for grants under section 611A.32 and make recommendations on the 38.24 awarding of grants; and 38.25(6)(5) advise the programdirectormanager in the 38.26 performance of duties in the administration and coordination of 38.27 the programs funded under section 611A.32. 38.28Subd. 4. [CONFLICTS OF INTEREST.] A member of the advisory38.29council shall be excluded from participating in review and38.30recommendations concerning a grant application if the member:38.31(1) serves or has served at any time during the past three38.32years as an employee, volunteer, or governing board member of an38.33organization whose application is being reviewed; or38.34(2) has a financial interest in the funding of the38.35applicant organization.38.36 Sec. 51. Minnesota Statutes 1998, section 611A.35, is 39.1 amended to read: 39.2 611A.35 [BATTERED WOMEN'S PROGRAMDIRECTORMANAGER.] 39.3 The commissioner shall appoint, with the advice of the 39.4 advisory council, a programdirectormanager who shall aid the 39.5 council in the performance of its duties.In appointing the39.6program director the commissioner shall give due consideration39.7to the list of applicants submitted to the commissioner pursuant39.8to section 611A.34, subdivision 3, clause (3).The program 39.9directormanager shall administer the funds appropriated for 39.10 sections611A.31611A.32 to 611A.36, consult with and provide 39.11 staff to the advisory council, and perform other duties related 39.12 to battered women's programs as the commissioner may assign. 39.13 The programdirectormanager shall serve at the pleasure of the 39.14 commissioner in the unclassified service. 39.15 Sec. 52. Minnesota Statutes 1998, section 611A.36, 39.16 subdivision 1, is amended to read: 39.17 Subdivision 1. [FORM PRESCRIBED.] The commissioner shall, 39.18 by rule adopted under chapter 14, after considering the 39.19 recommendations of the advisory council, prescribe a uniform 39.20 form and method for the collection of data on battered women. 39.21 The method and form of data collection shall be designed to 39.22 document the incidence of assault on battered womenas defined39.23in section 611A.31, subdivision 2. All data collected by the 39.24 commissioner pursuant to this section shall be summary data 39.25 within the meaning of section 13.02, subdivision 19. 39.26 Sec. 53. Minnesota Statutes 1998, section 611A.361, is 39.27 amended to read: 39.28 611A.361 [GENERAL CRIME VICTIMS ADVISORY COUNCIL.] 39.29 Subdivision 1. [CREATION.] The commissionerof corrections39.30 shall appoint a 12-member advisory council on general crime 39.31 victims to advise the commissioner on the implementation and 39.32 continued operation of chapter 611A with respect to victims of 39.33 crimes other than sexual assault and domestic abuse and child 39.34 abuse. The general crime victims advisory council shall also 39.35 serve as a liaison between the commissioner and organizations 39.36 that provide services to victims of general crime,and as an 40.1 advocatewithin the department of correctionsfor the rights of 40.2 general crime victims. The general crime victims advisory 40.3 council shall also administer the emergency fund grant program 40.4 described in section 611A.675 which shall be open to applicants 40.5 from all crime areas. 40.6 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 40.7 knowledgeable about and have experience or interest in issues 40.8 concerning general crime victims, including the need for 40.9 effective advocacy services. The membership of the council 40.10 shall represent the interests of general crime victims in 40.11 Minnesota. No more than six of the members of the general crime 40.12 victims advisory council may be representatives of community or 40.13 governmental organizations that provide services to crime 40.14 victims. One-half of the council's members shall reside in the 40.15 metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 40.16 Scott, Washington, and Carver counties, and one-half of the 40.17 members shall reside in the nonmetropolitan area. To the extent 40.18 possible, nonmetropolitan members must be representative of all 40.19 nonmetropolitan regions of the state. To the extent possible, 40.20 council membership must reflect diversity with regard to age, 40.21 ethnicity, gender, sexual orientation, and disabilities. 40.22 Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059 40.23 governs the filling of vacancies and removal of members of the 40.24 general crime victims advisory council. The terms of the 40.25 members of the advisory council shall be two years. No member 40.26 may serve on the advisory council for more than two consecutive 40.27 terms. The council expires on June 30, 2001. Council members 40.28 shall receive expense reimbursement as specified in section 40.29 15.059. 40.30 Subd. 5. [PROGRAM MANAGER.] The commissioner shall 40.31 appoint, with the advice of the advisory council, a program 40.32 manager for the council who shall aid the council in the 40.33 performance of its duties. The program manager shall serve at 40.34 the pleasure of the commissioner in the unclassified service. 40.35 Sec. 54. [611A.366] [GENERAL CRIME VICTIM PROGRAMS.] 40.36 Subdivision 1. [GRANTS AWARDED.] The commissioner, in 41.1 consultation with the general crime victims advisory council, 41.2 shall award grants-in-aid to programs which provide direct 41.3 advocacy services, community education, professional training, 41.4 and systems change activities for general crime victims. In 41.5 addition to administering grants-in-aid to programs, the 41.6 commissioner shall also award grants for resources, training, 41.7 and technical assistance to improve the response of law 41.8 enforcement, prosecutors, the criminal justice system, medical 41.9 providers, and other community agencies or organizations which 41.10 interact with general crime victims; to develop and implement 41.11 educational programs to increase public awareness of the nature, 41.12 scope, and root causes of violence and victim experience; to 41.13 develop the capacity of programs to meet the needs of general 41.14 crime victims; and to develop and implement general crime 41.15 prevention initiatives. 41.16 Subd. 2. [APPLICATIONS.] Public or private nonprofit 41.17 agencies and tribal governments may apply to the commissioner 41.18 for a grant to provide direct advocacy services, community 41.19 education, and professional training or systems change 41.20 activities for victims of general crime. The application shall 41.21 be submitted in a form approved by the commissioner, after 41.22 consultation with the advisory council, and shall include: 41.23 (1) a proposal for the provision of services as requested 41.24 in the application; 41.25 (2) a proposed budget; 41.26 (3) evidence of an ability to integrate into the proposed 41.27 program the uniform method of data collection and program 41.28 evaluation; 41.29 (4) evidence of an ability to represent the interests of 41.30 victims of general crime to local law enforcement agencies, 41.31 courts, and other public and private community agencies; 41.32 (5) evidence of an ability to do outreach to unserved and 41.33 underserved populations and to provide culturally and 41.34 linguistically appropriate services; and 41.35 (6) any other content the commissioner may require after 41.36 considering the recommendations of the advisory council. 42.1 Sec. 55. Minnesota Statutes 1998, section 611A.55, is 42.2 amended to read: 42.3 611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 42.4 Subdivision 1. [CREATION.] There is created in the 42.5 departmentof public safety, for budgetary and administrative 42.6 purposes, the crime victims reparations board, which shall 42.7 consist of five members appointed by the commissionerof public42.8safety and selected from among the membership of the crime42.9victim and witness advisory council created in section 611A.71. 42.10 One of the members shall be designated as chair by the 42.11 commissionerof public safetyand serve as such at the 42.12 commissioner's pleasure. At least one member shall be a medical 42.13 or osteopathic physician licensed to practice in this state, and 42.14 at least one member shall be a victim, as defined in section 42.15 611A.01. To the extent possible, board membership must reflect 42.16 diversity with regard to age, ethnicity, gender, sexual 42.17 orientation, and disabilities. 42.18 Subd. 2. [TERMS, COMPENSATION, REMOVAL.] The membership 42.19 terms, compensation, removal of members, and filling of 42.20 vacancies on the board shall be as provided in section 15.0575. 42.21 Members of the board who are also members ofthe crime victim42.22and witnessan advisory councilcreated in section 611A.71of 42.23 the department shall not be compensated while performing duties 42.24 for the advisory council. 42.25 Subd. 3. [PART TIME.] Members of the board shall serve 42.26 part time. 42.27 Subd. 4. [PROGRAM MANAGER.] The commissioner shall appoint 42.28 a program manager who shall administer the funds appropriated 42.29 for sections 611A.51 to 611A.67, consult with and provide staff 42.30 to the reparations board, and perform other duties related to 42.31 reparations as the commissioner may assign. The program manager 42.32 shall serve at the pleasure of the commissioner in the 42.33 unclassified service. 42.34 Sec. 56. Minnesota Statutes 1998, section 611A.57, 42.35 subdivision 3, is amended to read: 42.36 Subd. 3. [CLAIM DECISION.] Theboard executive director43.1 reparations program manager may decide the claim in favor of a 43.2 claimant in the amount claimed on the basis of the papers filed 43.3 in support of it and the report of the investigation of such 43.4 claim. If unable to decide the claim upon the basis of the 43.5 papers and any report of investigation, theboard executive43.6directormanager shall discuss the matter with other members of 43.7 the board present at a board meeting. After discussion the 43.8 board shall vote on whether to grant or deny the claim or 43.9 whether further investigation is necessary. A decision granting 43.10 or denying the claim shall then be issued by theexecutive43.11directormanager. 43.12 Sec. 57. Minnesota Statutes 1999 Supplement, section 43.13 611A.612, is amended to read: 43.14 611A.612 [CRIME VICTIMS ACCOUNT.] 43.15 A crime victim account is established as a special account 43.16 in the state treasury. Amounts collected by the state under 43.17 section 611A.61, paid to the crime victims reparations board 43.18 under section 611A.04, subdivision 1a, or amounts deposited by 43.19 the court under section 611A.04, subdivision 5, shall be 43.20 credited to this account. Money credited to this account is 43.21 annually appropriated to the departmentof public safetyfor use 43.22 for crime victim reparations under sections 611A.51 to 611A.67. 43.23 Sec. 58. Minnesota Statutes 1998, section 611A.675, 43.24 subdivision 1, is amended to read: 43.25 Subdivision 1. [GRANTS AUTHORIZED.] The general crime 43.26victim and witnessvictims advisory council shall make grants to 43.27 prosecutors and victim assistance programs for the purpose of 43.28 providing emergency assistance to victims. As used in this 43.29 section, "emergency assistance" includes but is not limited to: 43.30 (1) replacement of necessary property that was lost, 43.31 damaged, or stolen as a result of the crime; 43.32 (2) purchase and installation of necessary home security 43.33 devices; 43.34 (3) transportation to locations related to the victim's 43.35 needs as a victim, such as medical facilities and facilities of 43.36 the criminal justice system; 44.1 (4) cleanup of the crime scene; and 44.2 (5) reimbursement for reasonable travel and living expenses 44.3 the victim incurred to attend court proceedings that were held 44.4 at a location other than the place where the crime occurred due 44.5 to a change of venue. 44.6 Sec. 59. Minnesota Statutes 1998, section 611A.71, is 44.7 amended to read: 44.8 611A.71 [COUNCIL; ESTABLISHMENT.] 44.9 Subdivision 1. [CREATION.] The Minnesota crime victim and 44.10 witness advisory council is established and shall consist of 16 44.11 members. 44.12 Subd. 2. [MEMBERSHIP.] (a) The crime victim and witness 44.13 advisory council shall consist of the following members, 44.14 appointed by the commissionerof public safety after consulting44.15with the commissioner of corrections: 44.16 (1) one district court judge appointed upon recommendation 44.17 of the chief justice of the supreme court; 44.18 (2) one county attorney appointed upon recommendation of 44.19 the Minnesota county attorneys association; 44.20 (3) one public defender appointed upon recommendation of 44.21 the state public defender; 44.22 (4) one peace officer; 44.23 (5) one medical or osteopathic physician licensed to 44.24 practice in this state; 44.25 (6) five members who are crime victims or crime victim 44.26 assistance representatives; 44.27 (7) three public members; and 44.28 (8) one member appointed on recommendation of the Minnesota 44.29 general crime victim coalition. 44.30 To the extent possible, the appointments should take into 44.31 accountsexage, gender, sexual orientation, race, disabilities, 44.32 and geographic distribution.No more than seven of the members44.33appointed under this paragraph may be of one gender.One of the 44.34 nonlegislative members must be designated by the commissionerof44.35public safetyas chair of the council. 44.36 (b) Two members of the council shall be members of the 45.1 legislature who have demonstrated expertise and interest in 45.2 crime victims issues, one senator appointed under rules of the 45.3 senate and one member of the house of representatives appointed 45.4 under rules of the house of representatives. 45.5 Subd. 3. [TERMS OF OFFICE.] Section 15.059 governs the 45.6 terms of office, filling of vacancies, and removal of members of 45.7 the crime victim and witness advisory council. Members are 45.8 eligible for reappointment and appointment may be made to fill 45.9 an unexpired term. The members of the council shall elect any 45.10 additional officers necessary for the efficient discharge of 45.11 their duties. 45.12 Subd. 4. [COMPENSATION.] Each member of the council shall 45.13 serve without compensation. However, members of the council 45.14 shall receiveexpenses in the same manner and amount as provided45.15in the commissioner's plan under section 43A.18, subdivision 2;45.16provided that payments for expenses incurred must be paid from45.17the existing appropriation for the administrative portion of the45.18operating budget for the crime victims reparations45.19activityexpense reimbursement as specified in section 15.059. 45.20 Subd. 5. [DUTIES.] The council shall: 45.21 (1) review on a regular basis the treatment of victims by 45.22 the criminal justice system and the need and availability of 45.23 services to victims; 45.24 (2)advise the agency designated by the governor to apply45.25for victim assistance program grants under chapter 14 of Public45.26Law Number 98-473, in the coordination and allocation of federal45.27funds for crime victims assistance programs;45.28(3)advocate necessary changes and monitor victim-related 45.29 legislation; 45.30(4)(3) provide information, training, and technical 45.31 assistance to state and local agencies and groups involved in 45.32 victim and witness assistance; 45.33(5)(4) serve as a clearinghouse for information concerning 45.34 victim and witness programs; 45.35(6)(5) develop guidelines for the implementation of victim 45.36 and witness assistance programs and aid in the creation and 46.1 development of programs; 46.2(7)(6) coordinate the development and implementation of 46.3 policies and guidelines for the treatment of victims and 46.4 witnesses, and the delivery of services to them; and 46.5(8)(7) develop ongoing public awareness efforts and 46.6 programs to assist victims; and46.7(9) administer the grant program described in section46.8611A.675. 46.9 Subd. 6. [EXECUTIVE DIRECTORPROGRAM MANAGER.] The 46.10 commissionerof public safetyshall, with the advice of the 46.11 advisory council, select and employan executive directora 46.12 program manager for the council who shallserve in the46.13unclassified service at the pleasure of the commissioner and46.14shallaid the council in the performance of its duties under 46.15 subdivision 5 andsupervise the administration of the Crime46.16Victims Reparations Actmanage the department's communications, 46.17 training, and research unit. 46.18 Subd. 7. [EXPIRATION.] The council expires on June 30, 46.19 2001. 46.20 Sec. 60. Minnesota Statutes 1998, section 611A.74, 46.21 subdivision 1a, is amended to read: 46.22 Subd. 1a. [ORGANIZATION OF OFFICE.] (a) The ombudsman may 46.23 appoint employees necessary to discharge responsibilities of the 46.24 office. The ombudsman may delegate to staff members any of the 46.25 ombudsman's authority or duties except the duties of formally 46.26 making recommendations to appropriate authorities and reports to 46.27 the office of the governor or to the legislature. 46.28 (b) The commissionerof public safetyshall provide office 46.29 space and administrative support services to the ombudsman and 46.30 the ombudsman's staff. 46.31 (c) The crime victim ombudsman shall report to the 46.32 legislature biennially on the activities of the crime victim 46.33 ombudsman. 46.34 Sec. 61. Minnesota Statutes 1998, section 611A.76, is 46.35 amended to read: 46.36 611A.76 [CRIME VICTIM SERVICES TELEPHONE LINE.] 47.1 Thecommissioner of public safetyoffice of the crime 47.2 victim ombudsman shall operate at least one statewide toll-free 47.3 24-hour telephone line for the purpose of providing crime 47.4 victims with referrals for victim services and resources. 47.5 Sec. 62. Minnesota Statutes 1999 Supplement, section 47.6 611A.77, subdivision 1, is amended to read: 47.7 Subdivision 1. [GRANTSDEFINITIONS.]The executive47.8director of the center for crime victim services shall award47.9grants to nonprofit organizations to create or expand mediation47.10programs for crime victims and offenders.For purposes of this 47.11 section,: 47.12 (1) "offender" means an adult charged with a nonviolent 47.13 crime or a juvenile who has been referred to a mediation program 47.14 before or after a petition for delinquency has been filed in 47.15 connection with a nonviolent offense,; and 47.16 (2) "nonviolent crime" and "nonviolent offense" exclude any 47.17 offense in which the victim is a family or household member, as 47.18 defined in section 518B.01, subdivision 2. 47.19 Sec. 63. Minnesota Statutes 1999 Supplement, section 47.20 611A.77, subdivision 2, is amended to read: 47.21 Subd. 2. [PROGRAMS.] Theexecutive director of the center47.22for crime victim servicescommissioner shall award grants to 47.23 nonprofit organizations to create or expand mediation programs 47.24 for crime victims and offenders. The grants must further the 47.25 following goals: 47.26 (1) to expand existing mediation programs for crime victims 47.27 and juvenile offenders to also include adult offenders; 47.28 (2) to initiate victim-offender mediation programs in areas 47.29 that have no victim-offender mediation programs; 47.30 (3) to expand the opportunities for crime victims to be 47.31 involved in the criminal justice process; 47.32 (4) to evaluate the effectiveness of victim-offender 47.33 mediation programs in reducing recidivism and encouraging the 47.34 payment of court-ordered restitution; and 47.35 (5) to evaluate the satisfaction of victims who participate 47.36 in the mediation programs. 48.1 Sec. 64. Minnesota Statutes 1999 Supplement, section 48.2 611A.77, subdivision 3, is amended to read: 48.3 Subd. 3. [MEDIATOR QUALIFICATIONS.] Theexecutive director48.4of the center for crime victim servicescommissioner shall 48.5 establish criteria to ensure that mediators participating in the 48.6 program are qualified. 48.7 Sec. 65. [TRANSFERS FROM OTHER AGENCIES.] 48.8 The responsibilities of the department of corrections with 48.9 respect to victims services and restorative justice are 48.10 transferred to the department of crime victims and violence 48.11 prevention under Minnesota Statutes, section 15.039. The 48.12 responsibilities of the department of public safety with respect 48.13 to crime victims services, multidisciplinary chemical abuse 48.14 prevention teams, the weed and seed grant program, the drug 48.15 abuse resistance education (DARE) program and DARE advisory 48.16 council, the office of drug policy and violence prevention, and 48.17 the Asian-American juvenile crime intervention and prevention 48.18 grant program are transferred to the department of crime victims 48.19 and violence prevention under Minnesota Statutes, section 48.20 15.039. The responsibilities of the department of children, 48.21 families, and learning with respect to the abused children 48.22 programs, family visitation center grants, the Children's Trust 48.23 Fund for the Prevention of Child Abuse Act, and the learn and 48.24 earn graduation achievement program are transferred to the 48.25 department of crime victims and violence prevention under 48.26 Minnesota Statutes, section 15.039. The responsibilities of the 48.27 department of health with respect to the home visiting program 48.28 are transferred to the department of crime victims and violence 48.29 prevention under Minnesota Statutes, section 15.039. The 48.30 responsibilities of the department of economic security with 48.31 respect to the juvenile justice advisory committee and the youth 48.32 intervention programs are transferred to the department of crime 48.33 victims and violence prevention under Minnesota Statutes, 48.34 section 15.039. The responsibilities of the bureau of criminal 48.35 apprehension with respect to witness and victim protection 48.36 grants are transferred to the department of crime victims and 49.1 violence prevention under Minnesota Statutes, section 15.039. 49.2 The responsibilities of the center for crime victim services 49.3 with respect to the mediation grant program for crime victims 49.4 and offenders and all other responsibilities are transferred to 49.5 the department of crime victims and violence prevention under 49.6 Minnesota Statutes, section 15.039. 49.7 Sec. 66. [INSTRUCTION TO REVISOR.] 49.8 The revisor of statutes shall renumber each section of 49.9 Minnesota Statutes listed in column A with the number listed in 49.10 column B. The revisor shall also make necessary cross-reference 49.11 changes consistent with the renumbering. 49.12 Column A Column B 49.13 611A.02, subdivision 2 611B.05, subdivision 1 49.14 611A.02, subdivision 3 611B.05, subdivision 2 49.15 611A.0311 611B.06 49.16 611A.04, subdivision 1 611B.07, subdivision 1 49.17 611A.04, subdivision 1a 611B.07, subdivision 2 49.18 611A.04, subdivision 1b 611B.07, subdivision 3 49.19 611A.04, subdivision 2 611B.07, subdivision 4 49.20 611A.04, subdivision 3 611B.07, subdivision 5 49.21 611A.04, subdivision 4 611B.07, subdivision 6 49.22 611A.04, subdivision 5 611B.07, subdivision 7 49.23 611A.045, subdivision 1 611B.08, subdivision 1 49.24 611A.045, subdivision 2 611B.08, subdivision 2 49.25 611A.045, subdivision 2a 611B.08, subdivision 3 49.26 611A.045, subdivision 3 611B.08, subdivision 4 49.27 611A.046 611B.09 49.28 611A.05 611B.10 49.29 611A.204 611B.11 49.30 611A.205 611B.12 49.31 611A.206 611B.13 49.32 611A.225 611B.14 49.33 611A.25 611B.15 49.34 611A.32, subdivision 1 611B.16, subdivision 1 49.35 611A.32, subdivision 1a 611B.16, subdivision 2 49.36 611A.32, subdivision 2 611B.16, subdivision 3 50.1 611A.32, subdivision 5 611B.16, subdivision 4 50.2 611A.34, subdivision 1 611B.17, subdivision 1 50.3 611A.34, subdivision 2 611B.17, subdivision 2 50.4 611A.34, subdivision 2a 611B.17, subdivision 3 50.5 611A.34, subdivision 3 611B.17, subdivision 4 50.6 611A.35 611B.18 50.7 611A.36 611B.19 50.8 611A.361, subdivision 1 611B.20, subdivision 1 50.9 611A.361, subdivision 2 611B.20, subdivision 2 50.10 611A.361, subdivision 3 611B.20, subdivision 3 50.11 611A.361, subdivision 5 611B.20, subdivision 4 50.12 611A.366 611B.21 50.13 611A.51 611B.22 50.14 611A.52 611B.23 50.15 611A.53, subdivision 1 611B.24, subdivision 1 50.16 611A.53, subdivision 1a 611B.24, subdivision 2 50.17 611A.53, subdivision 1b 611B.24, subdivision 3 50.18 611A.53, subdivision 2 611B.24, subdivision 4 50.19 611A.54 611B.25 50.20 611A.55 611B.26 50.21 611A.56 611B.27 50.22 611A.57 611B.28 50.23 611A.58 611B.29 50.24 611A.60 611B.30 50.25 611A.61 611B.31 50.26 611A.612 611B.32 50.27 611A.62 611B.33 50.28 611A.63 611B.34 50.29 611A.64 611B.35 50.30 611A.65 611B.36 50.31 611A.66 611B.37 50.32 611A.67 611B.38 50.33 611A.675 611B.40 50.34 611A.70 611B.41 50.35 611A.71 611B.42 50.36 611A.72 611B.45 51.1 611A.73 611B.46 51.2 611A.74, subdivision 1 611B.47, subdivision 1 51.3 611A.74, subdivision 1a 611B.47, subdivision 2 51.4 611A.74, subdivision 2 611B.47, subdivision 3 51.5 611A.74, subdivision 3 611B.47, subdivision 4 51.6 611A.74, subdivision 4 611B.47, subdivision 5 51.7 611A.74, subdivision 5 611B.47, subdivision 6 51.8 611A.74, subdivision 6 611B.47, subdivision 7 51.9 611A.76 611B.48 51.10 611A.77 611B.49 51.11 268.29 611B.60 51.12 268.30, subdivision 1 611B.61, subdivision 1 51.13 268.30, subdivision 1a 611B.61, subdivision 2 51.14 268.30, subdivision 2 611B.61, subdivision 3 51.15 299A.33 611B.62 51.16 299A.331 611B.63 51.17 299C.065, subdivision 1a 611B.64, subdivision 1 51.18 299C.065, subdivision 3a 611B.64, subdivision 2 51.19 119A.20 611B.65 51.20 119A.21 611B.66 51.21 119A.22 611B.67 51.22 119A.23 611B.68 51.23 119A.10 611B.69 51.24 119A.11, subdivision 1 611B.70, subdivision 1 51.25 119A.11, subdivision 2 611B.70, subdivision 2 51.26 119A.11, subdivision 3 611B.70, subdivision 3 51.27 119A.11, subdivision 4 611B.70, subdivision 4 51.28 119A.11, subdivision 5 611B.70, subdivision 5 51.29 119A.11, subdivision 7 611B.70, subdivision 6 51.30 119A.11, subdivision 8 611B.70, subdivision 7 51.31 119A.11, subdivision 9 611B.70, subdivision 8 51.32 119A.11, subdivision 10 611B.70, subdivision 9 51.33 119A.11, subdivision 11 611B.70, subdivision 10 51.34 119A.11, subdivision 12 611B.70, subdivision 11 51.35 119A.12 611B.71 51.36 119A.13 611B.72 52.1 119A.14 611B.73 52.2 119A.15 611B.74 52.3 119A.16 611B.75 52.4 119A.17 611B.76 52.5 299A.291 611B.77 52.6 299A.292 611B.78 52.7 299A.293 611B.79 52.8 299A.294 611B.80 52.9 299A.295 611B.81 52.10 299A.296 611B.82 52.11 299A.297 611B.83 52.12 299A.298 611B.84 52.13 299A.299 611B.85 52.14 119A.37 611B.86 52.15 124D.32 611B.87 52.16 299A.2994 611B.88 52.17 299A.63 611B.89 52.18 145A.15 611B.90 52.19 Sec. 67. [APPROPRIATION.] 52.20 $....... is appropriated to the commissioner of crime 52.21 victims and violence prevention from the general fund for the 52.22 fiscal year ending June 30, 2001, to: 52.23 (1) hire personnel necessary: 52.24 (i) to perform auditing and research functions within the 52.25 department; and 52.26 (ii) to coordinate and maximize the securing of money from 52.27 independent sources for grant purposes; and 52.28 (2) organize the department and implement this act. 52.29 Sec. 68. [REPEALER.] 52.30 Minnesota Statutes 1998, sections 119A.11, subdivision 6; 52.31 119A.20, subdivision 4; 611A.02, subdivision 1; 611A.21; 52.32 611A.22; 611A.221; 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; 52.33 and 611A.78, are repealed. 52.34 Sec. 69. [EFFECTIVE DATE.] 52.35 This act is effective on July 1, 2000.