HF 1446

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state agencies; codifying reorganization 
  1.3             orders relating to the office of environmental 
  1.4             assistance, the public service department, the 
  1.5             transportation regulation board, and the departments 
  1.6             of administration, public safety, and corrections; 
  1.7             amending Minnesota Statutes 1998, sections 16B.42, 
  1.8             subdivisions 3 and 4; 115D.08; 174.02, subdivisions 4 
  1.9             and 5; 174.10, subdivisions 1, 3, and 4; 174A.02, 
  1.10            subdivisions 1, 2, and 4; 174A.04; 174A.06; 216C.41, 
  1.11            subdivision 2; 219.074, subdivision 2; 219.402; 
  1.12            221.031, subdivision 1; 609.3241; 609.605, subdivision 
  1.13            2; 609.7495, subdivision 1; 611A.01; 611A.0311, 
  1.14            subdivision 3; 611A.07, subdivision 1; 611A.25; 
  1.15            611A.32; 611A.34; 611A.35; 611A.36; 611A.361; 611A.55; 
  1.16            611A.57, subdivision 3; 611A.675, subdivision 1; 
  1.17            611A.71; and 611A.76; proposing coding for new law in 
  1.18            Minnesota Statutes, chapter 611A; repealing Minnesota 
  1.19            Statutes 1998, sections 174A.01; 174A.02, subdivision 
  1.20            5; 174A.03; 174A.05; 218.011, subdivision 7; 611A.21; 
  1.21            611A.22; 611A.221; 611A.31; 611A.33; 611A.345; 
  1.22            611A.41; 611A.43; 611A.78; and Minnesota Rules, part 
  1.23            8850.6900. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25                             ARTICLE 1
  1.26                  REORGANIZATION ORDER NUMBER 173
  1.27     Section 1.  Minnesota Statutes 1998, section 115D.08, is 
  1.28  amended to read: 
  1.29     115D.08 [PROGRESS REPORTS.] 
  1.30     Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
  1.31  (a) All persons required to prepare a toxic pollution prevention 
  1.32  plan under section 115D.07 shall submit an annual progress 
  1.33  report to the commissioner emergency response commission that 
  1.34  may be drafted in a manner that does not disclose proprietary 
  2.1   information.  Progress reports are due on October July 1 of each 
  2.2   year to the commission.  The first progress reports are due in 
  2.3   1992.  The commission shall provide copies of the progress 
  2.4   reports to the director and commissioner.  
  2.5      (b) At a minimum, each progress report must include: 
  2.6      (1) a summary of each objective established in the plan, 
  2.7   including the base year for any objective stated in numeric 
  2.8   terms, and the schedule for meeting each objective; 
  2.9      (2) a summary of progress made during the past year, if 
  2.10  any, toward meeting each objective established in the plan 
  2.11  including the quantity of each toxic pollutant eliminated or 
  2.12  reduced; 
  2.13     (3) a statement of the methods through which elimination or 
  2.14  reduction has been achieved; 
  2.15     (4) if necessary, an explanation of the reasons objectives 
  2.16  were not achieved during the previous year, including 
  2.17  identification of any technological, economic, or other 
  2.18  impediments the facility faced in its efforts to achieve its 
  2.19  objectives; and 
  2.20     (5) a certification, signed and dated by the facility 
  2.21  manager and an officer of the company under penalty of section 
  2.22  609.63, attesting that a plan meeting the requirements of 
  2.23  section 115D.07 has been prepared and also attesting to the 
  2.24  accuracy of the information in the progress report. 
  2.25     Subd. 2.  [REVIEW OF PROGRESS REPORTS.] (a) The 
  2.26  commissioner commission shall review all progress reports to 
  2.27  determine if they meet the requirements of subdivision 1.  If 
  2.28  the commissioner commission determines that a progress report 
  2.29  does not meet the requirements, the commissioner commission 
  2.30  shall notify the facility in writing and shall identify specific 
  2.31  deficiencies and specify a reasonable time period of not less 
  2.32  than 90 days for the facility to modify the progress 
  2.33  report.  The director shall review progress reports to determine 
  2.34  facilities that are in need of pollution prevention assistance. 
  2.35     (b) The commissioner, commission, and director shall be 
  2.36  given access to a facility plan required under section 115D.07 
  3.1   if the commissioner commission determines that the progress 
  3.2   report for that facility does not meet the requirements of 
  3.3   subdivision 1. 
  3.4      (c) Twenty-five or more persons living within ten miles of 
  3.5   the facility may submit a petition to the commissioner 
  3.6   commission that identifies specific deficiencies in the progress 
  3.7   report and requests the commissioner commission to review the 
  3.8   facility plan.  Within 30 days after receipt of the petition, 
  3.9   the commissioner commission shall respond in writing.  If 
  3.10  the commissioner commission agrees that the progress report does 
  3.11  not meet requirements of subdivision 1, the commissioner, 
  3.12  commission, and director shall be given access to the facility 
  3.13  plan. 
  3.14     (c) (d) After reviewing the plan and the progress report 
  3.15  with any modifications submitted, the commissioner commission 
  3.16  shall state in writing whether the progress report meets the 
  3.17  requirements of subdivision 1.  If the commissioner commission 
  3.18  determines that a modified progress report still does not meet 
  3.19  the requirements of subdivision 1, the commissioner commission 
  3.20  shall schedule a public meeting.  The meeting shall be held in 
  3.21  the county where the facility is located.  The meeting is not 
  3.22  subject to the requirements of chapter 14. 
  3.23     (d) (e) The facility shall be given the opportunity to 
  3.24  amend the progress report within a period of not less than 30 
  3.25  days after the public meeting. 
  3.26     (e) (f) If the commissioner commission determines that a 
  3.27  modified progress report still does not meet the requirements of 
  3.28  subdivision 1, action may be taken by the commissioner under 
  3.29  section 115.071 or the commission under chapter 299K to obtain 
  3.30  compliance with sections 115D.01 to 115D.12. 
  3.31                             ARTICLE 2
  3.32                  REORGANIZATION ORDER NUMBER 174
  3.33     Section 1.  Minnesota Statutes 1998, section 216C.41, 
  3.34  subdivision 2, is amended to read: 
  3.35     Subd. 2.  [INCENTIVE PAYMENT.] Incentive payments shall be 
  3.36  made according to this section to the owner or operator of a 
  4.1   qualified hydropower facility or qualified wind energy 
  4.2   conversion facility for electric energy generated and sold by 
  4.3   the facility.  Payment may only be made upon receipt by the 
  4.4   commissioner of finance public service of an incentive payment 
  4.5   application that establishes that the applicant is eligible to 
  4.6   receive an incentive payment and that satisfies other 
  4.7   requirements the commissioner deems necessary.  The application 
  4.8   shall be in a form and submitted at a time the commissioner 
  4.9   establishes.  There is annually appropriated from the general 
  4.10  fund sums sufficient to make the payments required under this 
  4.11  section.  
  4.12                             ARTICLE 3
  4.13                  REORGANIZATION ORDER NUMBER 176
  4.14     Section 1.  Minnesota Statutes 1998, section 174.02, 
  4.15  subdivision 4, is amended to read: 
  4.16     Subd. 4.  [APPEARANCES ON PUBLIC TRANSPORTATION MATTERS.] 
  4.17  The commissioner may appear as a party on behalf of the public 
  4.18  in any proceeding or matter before the interstate commerce 
  4.19  commission, the civil aeronautics surface transportation board 
  4.20  or any other agency or instrumentality of government which 
  4.21  regulates public services or rates relating to transportation or 
  4.22  other matters related to the powers and responsibilities of the 
  4.23  commissioner as prescribed by law.  The commissioner shall 
  4.24  appear as a party on behalf of the public in proceedings before 
  4.25  the transportation regulation board as provided by law on 
  4.26  matters which directly relate to the powers and duties of the 
  4.27  commissioner or which substantially affect the statewide 
  4.28  transportation plan.  On all other transportation matters the 
  4.29  commissioner may appear before the transportation regulation 
  4.30  board. 
  4.31     Sec. 2.  Minnesota Statutes 1998, section 174.02, 
  4.32  subdivision 5, is amended to read: 
  4.33     Subd. 5.  [COOPERATION.] To facilitate the development of a 
  4.34  unified and coordinated intrastate and interstate transportation 
  4.35  system: 
  4.36     (a) The commissioner shall maintain close liaison, 
  5.1   coordination and cooperation with the private sectors of 
  5.2   transportation, the upper great lakes seaway development 
  5.3   commission corporation, and any multistate organization involved 
  5.4   in transportation issues affecting the state;. 
  5.5      (b) The commissioner shall participate in the planning, 
  5.6   regulation and development of the port authorities of the state; 
  5.7   and. 
  5.8      (c) The commissioner or the commissioner's designee shall 
  5.9   be a nonvoting, ex officio member of the metropolitan airports 
  5.10  commission, as organized and established under sections 473.601 
  5.11  to 473.679. 
  5.12     (d) The commissioner shall cooperate with all federal 
  5.13  agencies for the purpose of harmonizing state and federal 
  5.14  regulations within the state to the extent and in the manner 
  5.15  deemed advisable. 
  5.16     (e) The commissioner may conduct joint hearings with any 
  5.17  federal agency within or without the state and to the extent 
  5.18  allowed under federal law or regulation, may approve and 
  5.19  establish freight rates and charges that depart from the 
  5.20  distance principle required by any state law. 
  5.21     (f) The commissioner may nominate members to any joint 
  5.22  board as provided by federal acts. 
  5.23     Sec. 3.  Minnesota Statutes 1998, section 174.10, 
  5.24  subdivision 1, is amended to read: 
  5.25     Subdivision 1.  [NOTICE OF CONTESTED CASE; FEE.] The 
  5.26  commissioner in any contested case before the transportation 
  5.27  regulation board that involves a motor carrier or common carrier 
  5.28  by rail as a party shall give reasonable notice to 
  5.29  representatives of associations or other interested groups or 
  5.30  persons who have registered their names with the board 
  5.31  commissioner for that purpose, to all parties and to cities and 
  5.32  municipalities which the board commissioner deems to be 
  5.33  interested in the proceeding.  The commissioner may prescribe an 
  5.34  annual fee to be credited to the general fund, which fee shall 
  5.35  be a charge to all registered groups or persons.  This charge is 
  5.36  to cover the out-of-pocket costs involved in giving such notice. 
  6.1      Sec. 4.  Minnesota Statutes 1998, section 174.10, 
  6.2   subdivision 3, is amended to read: 
  6.3      Subd. 3.  [PROSECUTION.] In proceedings which that involve 
  6.4   a hearing before the transportation regulation board motor 
  6.5   carrier or common carrier by rail as a party, the matter shall 
  6.6   be investigated and prosecuted before the board heard by the 
  6.7   commissioner of transportation representing the interests of the 
  6.8   people of this state.  
  6.9      Sec. 5.  Minnesota Statutes 1998, section 174.10, 
  6.10  subdivision 4, is amended to read: 
  6.11     Subd. 4.  [WHEN BOARD LACKS LACK OF JURISDICTION.] If, in 
  6.12  any proceeding before the transportation regulation board 
  6.13  relating to or involving the reasonableness of rates, fares, 
  6.14  charges, or classifications, the board commissioner decides that 
  6.15  it the department does not have jurisdiction because the traffic 
  6.16  covered by the rates, fares, charges, or classifications is 
  6.17  interstate commerce, the transportation regulation 
  6.18  board commissioner shall issue an order dismissing the 
  6.19  proceeding and stating the ground of the dismissal, which.  The 
  6.20  order may be appealed from in like manner as other appealable 
  6.21  orders. 
  6.22     Sec. 6.  Minnesota Statutes 1998, section 174A.02, 
  6.23  subdivision 1, is amended to read: 
  6.24     Subdivision 1.  [COMMISSIONER'S POWERS GENERALLY.] The 
  6.25  functions of the transportation regulation board shall be 
  6.26  commissioner of transportation, related to motor carriers and 
  6.27  common carriers by rail, are legislative and quasi-judicial in 
  6.28  nature.  It The commissioner may make such investigations and 
  6.29  determinations, hold such hearings, prescribe such rules, and 
  6.30  issue such orders with respect to the control and conduct of the 
  6.31  carrier businesses coming within its jurisdiction as the 
  6.32  legislature itself might make but only as it shall from time to 
  6.33  time authorize.  
  6.34     Sec. 7.  Minnesota Statutes 1998, section 174A.02, 
  6.35  subdivision 2, is amended to read: 
  6.36     Subd. 2.  [SPECIFIC FUNCTIONS AND POWERS.] To the extent 
  7.1   allowed under federal law or regulation, the board commissioner 
  7.2   shall further hold hearings and issue orders in cases 
  7.3   brought before it by either the commissioner on the 
  7.4   commissioner's own motion or by a third party in the following 
  7.5   areas:  
  7.6      (a) Adequacy of services which carriers are providing to 
  7.7   the public, including the continuation, termination or 
  7.8   modification of services and facilities. 
  7.9      (b) The reasonableness of tariffs of rates, fares, and 
  7.10  charges, or a part or classification thereof.  The board 
  7.11  commissioner may authorize common carriers by rail and 
  7.12  motor carrier carriers for hire to file tariffs of rates, fares, 
  7.13  and charges individually or by group.  Carriers participating in 
  7.14  group rate making have the free and unrestrained right to take 
  7.15  independent action either before or after a determination 
  7.16  arrived at through such procedure.  
  7.17     (c) The issuing of franchises, permits, or certificates of 
  7.18  convenience and necessity.  
  7.19     Sec. 8.  Minnesota Statutes 1998, section 174A.02, 
  7.20  subdivision 4, is amended to read: 
  7.21     Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
  7.22  within its the commissioner's jurisdiction, the board 
  7.23  commissioner shall receive, hear and determine all petitions 
  7.24  filed with it in accordance with the procedures established by 
  7.25  law and may hold hearings and make determinations upon its the 
  7.26  commissioner's own motion to the same extent, and in every 
  7.27  instance, in which it the commissioner may do so upon petition.  
  7.28  Upon receiving petitions filed pursuant to sections 221.061, 
  7.29  221.081, 221.121, subdivision 1, 221.151, 221.296, and 221.55, 
  7.30  the board commissioner shall give notice of the filing of the 
  7.31  petition to representatives of associations or other interested 
  7.32  groups or persons who have registered their names with the board 
  7.33  commissioner for that purpose and to whomever the board 
  7.34  commissioner deems to be interested in the petition.  The board 
  7.35  commissioner may grant or deny the request of the petition 30 
  7.36  days after notice of the filing has been fully given.  If 
  8.1   the board commissioner receives a written objection and notice 
  8.2   of intent to appear at a hearing to object to the petition from 
  8.3   any person within 20 days of the notice having been fully given, 
  8.4   the request of the petition shall be granted or denied only 
  8.5   after a contested case hearing has been conducted on the 
  8.6   petition, unless the objection is withdrawn prior to the 
  8.7   hearing.  The board commissioner may elect to hold a contested 
  8.8   case hearing if no objections to the petition are received.  If 
  8.9   a timely objection is not received, or if received and 
  8.10  withdrawn, and the request of the petition is denied without 
  8.11  hearing, the petitioner may request within 30 days of receiving 
  8.12  the notice of denial, and shall be granted, a contested case 
  8.13  hearing on the petition. 
  8.14     Sec. 9.  Minnesota Statutes 1998, section 174A.04, is 
  8.15  amended to read: 
  8.16     174A.04 [HEARINGS AND APPEALS.] 
  8.17     Subdivision 1.  [HEARINGS.] All hearings related to common 
  8.18  carriers by rail or motor carriers and required to be conducted 
  8.19  by the commissioner of transportation regulation board shall be 
  8.20  conducted pursuant to sections 14.001 to 14.69.  
  8.21     Subd. 2.  [APPEALS.] An appeal from an order of the 
  8.22  commissioner shall be in accordance with chapter 14. 
  8.23     Sec. 10.  Minnesota Statutes 1998, section 174A.06, is 
  8.24  amended to read: 
  8.25     174A.06 [CONTINUATION OF RULES.] 
  8.26     Orders and directives in force, issued, or promulgated 
  8.27  under authority of chapters 174A, 216A, 218, 219, 221, and 222 
  8.28  remain and continue in force and effect until repealed, 
  8.29  modified, or superseded by duly authorized orders or directives 
  8.30  of the commissioner of transportation.  To the extent allowed 
  8.31  under federal law or regulation, rules adopted under authority 
  8.32  of the following sections are transferred to the commissioner of 
  8.33  transportation and continue in force and effect until repealed, 
  8.34  modified, or superseded by duly authorized rules of the 
  8.35  commissioner:  
  8.36     (1) section 218.041 except rules related to the form and 
  9.1   manner of filing railroad rates, railroad accounting rules, and 
  9.2   safety rules; 
  9.3      (2) section 219.40; 
  9.4      (3) rules relating to rates or tariffs, or the granting, 
  9.5   limiting, or modifying of permits or certificates of convenience 
  9.6   and necessity under section 221.031, subdivision 1; 
  9.7      (4) rules relating to the sale, assignment, pledge, or 
  9.8   other transfer of a stock interest in a corporation holding 
  9.9   authority to operate as a permit carrier as prescribed in 
  9.10  section 221.151, subdivision 1, or a local cartage carrier under 
  9.11  section 221.296, subdivision 8; 
  9.12     (5) rules relating to rates, charges, and practices under 
  9.13  section 221.161, subdivision 4; and 
  9.14     (6) rules relating to rates, tariffs, or the granting, 
  9.15  limiting, or modifying of permits under sections 221.121, and 
  9.16  221.151, and 221.296 or certificates of convenience and 
  9.17  necessity under section 221.071.  
  9.18     The commissioner shall review the transferred rules, 
  9.19  orders, and directives and, when appropriate, develop and adopt 
  9.20  new rules, orders, or directives. 
  9.21     Sec. 11.  Minnesota Statutes 1998, section 219.074, 
  9.22  subdivision 2, is amended to read: 
  9.23     Subd. 2.  [CROSSING VACATION PROGRAM.] On or before July 1, 
  9.24  1992, and on or before July 1 of each of the next four years, 
  9.25  and as necessary afterward, the commissioner shall propose to 
  9.26  the board develop a list of grade crossings proposed to be 
  9.27  vacated.  The list must be developed by applying the standards 
  9.28  set forth in the rules adopted under section 219.073.  Grade 
  9.29  crossings that are part of an abandonment, closing, or removal 
  9.30  under section 219.741 may not be included in the list.  The 
  9.31  commissioner shall notify the public officials having the 
  9.32  necessary authority and the railway companies operating the 
  9.33  railroads of the proposed vacations.  Either affected party may 
  9.34  request a hearing.  If requested, the commissioner shall hold a 
  9.35  contested case hearing applying in its determination the rules 
  9.36  developed under section 219.073.  If after the hearing the 
 10.1   commissioner determines that the vacation is consistent with the 
 10.2   standards adopted under section 219.073, it may order the 
 10.3   crossing vacated.  If a request for a hearing on a particular 
 10.4   crossing is not received within 30 days of the publication in 
 10.5   the State Register, the commissioner shall order the crossing 
 10.6   vacated.  
 10.7      Sec. 12.  Minnesota Statutes 1998, section 219.402, is 
 10.8   amended to read: 
 10.9      219.402 [ADEQUATE CROSSING PROTECTION.] 
 10.10     Crossing warning devices or improvements installed or 
 10.11  maintained under this chapter as approved by the commissioner or 
 10.12  any predecessor, whether by order or otherwise, are adequate and 
 10.13  appropriate warning for the crossing. 
 10.14     Sec. 13.  Minnesota Statutes 1998, section 221.031, 
 10.15  subdivision 1, is amended to read: 
 10.16     Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
 10.17  This subdivision applies to motor carriers engaged in intrastate 
 10.18  commerce. 
 10.19     (b) The commissioner shall prescribe rules for the 
 10.20  operation of motor carriers, including their facilities; 
 10.21  accounts; leasing of vehicles and drivers; service; safe 
 10.22  operation of vehicles; equipment, parts, and accessories; hours 
 10.23  of service of drivers; driver qualifications; accident 
 10.24  reporting; identification of vehicles; installation of safety 
 10.25  devices; inspection, repair, and maintenance; and proper 
 10.26  automatic speed regulators if, in the opinion of the 
 10.27  commissioner, there is a need for the rules.  
 10.28     (c) The commissioner shall direct the repair and 
 10.29  reconstruction or replacement of an inadequate or unsafe motor 
 10.30  carrier vehicle or facility.  The commissioner may require the 
 10.31  construction and maintenance or furnishing of suitable and 
 10.32  proper freight terminals, passenger depots, waiting rooms, and 
 10.33  accommodations or shelters in a city in this state or at a point 
 10.34  on the highway traversed which the commissioner, after 
 10.35  investigation by the department, may deem just and proper for 
 10.36  the protection of passengers or property.  
 11.1      (d) The commissioner shall require holders of household 
 11.2   goods mover permits, charter carrier permits, and regular route 
 11.3   passenger carrier certificates to file annual and other reports 
 11.4   including annual accounts of motor carriers, schedules of rates 
 11.5   and charges, or other data by motor carriers, regulate motor 
 11.6   carriers in matters affecting the relationship between them and 
 11.7   the traveling and shipping public, and prescribe other rules as 
 11.8   may be necessary to carry out the provisions of this chapter.  
 11.9      (e) A motor carrier subject to paragraph (d) but having 
 11.10  gross revenues from for-hire transportation in a calendar year 
 11.11  of less than $200,000 may, at the discretion of the 
 11.12  commissioner, be exempted from the filing of an annual report, 
 11.13  if instead the motor carrier files an abbreviated annual report, 
 11.14  in a form as may be prescribed by the commissioner, attesting 
 11.15  that the motor carrier's gross revenues did not exceed $200,000 
 11.16  in the previous calendar year.  Motor carrier gross revenues 
 11.17  from for-hire transportation, for the purposes of this 
 11.18  subdivision only, do not include gross revenues received from 
 11.19  the operation of school buses as defined in section 169.01, 
 11.20  subdivision 6. 
 11.21     (f) The commissioner shall enforce sections 169.781 to 
 11.22  169.783. 
 11.23     (g) The commissioner shall make no may adopt rules relating 
 11.24  to the granting, limiting, or modifying of permits or 
 11.25  certificates of convenience and necessity, which are powers 
 11.26  granted to the board. 
 11.27     (h) The board commissioner may extend the termini of a 
 11.28  route or alter or change the route of a regular route common 
 11.29  carrier upon petition and after finding that public convenience 
 11.30  and necessity require an extension, alteration, or change. 
 11.31     Sec. 14.  [TRANSFERRING CARRIER REGULATORY 
 11.32  RESPONSIBILITIES.] 
 11.33     (a) All responsibilities, as defined in Minnesota Statutes, 
 11.34  section 15.039, subdivision 1, held by the transportation 
 11.35  regulation board including, but not limited to, responsibilities 
 11.36  relating to administration, regulation, recordkeeping, operating 
 12.1   authority, permitting, rate making, rulemaking, and enforcement 
 12.2   of transportation laws, rules, and regulations relating to motor 
 12.3   carriers and common carriers by rail under Minnesota Statutes, 
 12.4   chapters 218, 219, 221, and 222, are transferred to the 
 12.5   commissioner of the Minnesota department of transportation under 
 12.6   Minnesota Statutes, section 15.039. 
 12.7      (b) All legislative and quasi-judicial functions and powers 
 12.8   conferred on the board under Minnesota Statutes, chapter 174A, 
 12.9   are also transferred to the commissioner.  
 12.10     (c) The position of transportation regulation board member 
 12.11  and the transportation regulation board as previously 
 12.12  constituted are abolished.  
 12.13     Sec. 15.  [INSTRUCTIONS TO REVISOR.] 
 12.14     (a) Except when used in the phrases to be changed by the 
 12.15  revisor under paragraph (b), the revisor of statutes is directed 
 12.16  to change the word "board" or "board's," or similar term or 
 12.17  phrase, when it refers to the transportation regulation board, 
 12.18  to the term "commissioner," "commissioner's," or "commissioner 
 12.19  of transportation," as appropriate, where it appears in: 
 12.20     (1) Minnesota Statutes, sections 174A.02, subdivision 3; 
 12.21  221.025; 221.031, subdivision 1; 221.041, subdivisions 1, 2, and 
 12.22  3; 221.051; 221.061; 221.071, subdivision 1; 221.081; 221.101; 
 12.23  221.121, subdivisions 1, 2, 3, 4, 5, 6, 6a, and 6b; 221.122, 
 12.24  subdivisions 1 and 3; 221.123; 221.124; 221.151; 221.161, 
 12.25  subdivisions 2, 3, and 4; 221.165; 221.171, subdivision 1; 
 12.26  221.185, subdivisions 2 and 3a; 221.221, subdivision 2; 221.291, 
 12.27  subdivision 5; 221.293; 221.296, subdivisions 3, 4, and 8; and 
 12.28  221.55; and 
 12.29     (2) Minnesota Rules, chapters 8855; 8900; 8910; and 8920. 
 12.30     (b) The revisor of statutes is directed to change the 
 12.31  phrases "board or commissioner," "commissioner or board," "board 
 12.32  or the commissioner," "commissioner or the board," "commissioner 
 12.33  and the board," "commissioner and board," "board and the 
 12.34  commissioner," "board and commissioner," "department and board," 
 12.35  "board or department," and "board and the department," when the 
 12.36  word "board" refers to the transportation regulation board, to 
 13.1   the term "commissioner," or "commissioner of transportation," as 
 13.2   appropriate, where it appears in: 
 13.3      (1) Minnesota Statutes, sections 221.011, subdivision 15; 
 13.4   221.021; 221.031, subdivision 5; 221.061; 221.081; 221.121, 
 13.5   subdivisions 1 and 5; 221.122, subdivision 1; 221.151, 
 13.6   subdivision 2; 221.221, subdivisions 1 and 3; 221.261; 221.271; 
 13.7   221.281; 221.291, subdivisions 1 and 3; 221.293; 221.295; 
 13.8   221.296, subdivisions 3 and 4; and 221.68; and 
 13.9      (2) Minnesota Rules, chapter 8850. 
 13.10     (c) Except when amended accordingly in this article, the 
 13.11  revisor of statutes is directed to change the words 
 13.12  "transportation regulation board" to "commissioner of 
 13.13  transportation" wherever they appear in Minnesota Statutes and 
 13.14  Minnesota Rules. 
 13.15     (d) In Minnesota Statutes, the revisor of statutes shall 
 13.16  renumber sections 174A.02 as 174.64; 174A.04 as 174.65; and 
 13.17  174A.06 as 174.66. 
 13.18     (e) In Minnesota Rules, chapters 7800 and 8830, the revisor 
 13.19  of statutes shall change the term "commission" to "commissioner 
 13.20  of transportation" or "commissioner," as appropriate. 
 13.21     (f) The revisor of statutes shall make other changes in 
 13.22  chapter titles; section, subdivision, part, and subpart 
 13.23  headnotes; and in other terminology necessary as a result of the 
 13.24  enactment of this article. 
 13.25     Sec. 16.  [REPEALER.] 
 13.26     Minnesota Statutes 1998, sections 174A.01; 174A.02, 
 13.27  subdivision 5; 174A.03; 174A.05; and 218.011, subdivision 7, are 
 13.28  repealed.  Minnesota Rules, part 8850.6900, is repealed. 
 13.29                             ARTICLE 4
 13.30                  REORGANIZATION ORDER NUMBER 177
 13.31     Section 1.  Minnesota Statutes 1998, section 16B.42, 
 13.32  subdivision 3, is amended to read: 
 13.33     Subd. 3.  [OTHER DUTIES.] The intergovernmental 
 13.34  informations systems advisory council shall (1) recommend to the 
 13.35  commissioners of state departments, the legislative auditor, and 
 13.36  the state auditor a method for the expeditious gathering and 
 14.1   reporting of information and data between agencies and units of 
 14.2   local government in accordance with cooperatively developed 
 14.3   standards; (2) elect an executive committee, not to exceed seven 
 14.4   members from its membership; (3) develop an annual plan, to 
 14.5   include administration and evaluation of grants, in compliance 
 14.6   with applicable rules; (4) provide technical information systems 
 14.7   assistance or guidance to local governments for development, 
 14.8   implementation, and modification of automated systems, including 
 14.9   formation of consortiums for those systems; (5) appoint 
 14.10  committees and task forces, which may include persons other than 
 14.11  council members, to assist the council in carrying out its 
 14.12  duties; (6) select an executive director to serve the council 
 14.13  and may employ other employees it deems necessary, all of whom 
 14.14  are in the classified service of the state civil service; (7) 
 14.15  may contract for professional and other similar services on 
 14.16  terms it deems desirable; and (8) (7) work with the office of 
 14.17  technology to ensure that information systems developed by state 
 14.18  agencies that impact local government will be reviewed by the 
 14.19  council. 
 14.20     Sec. 2.  Minnesota Statutes 1998, section 16B.42, 
 14.21  subdivision 4, is amended to read: 
 14.22     Subd. 4.  [FUNDING.] Appropriations and other funds made 
 14.23  available to the council for staff, operational expenses, 
 14.24  projects, and grants are under the control of the council.  The 
 14.25  council may contract with the department of administration for 
 14.26  staff services and administrative support.  The council shall 
 14.27  reimburse the department for these services.  The council may 
 14.28  request assistance from other state and local agencies in 
 14.29  carrying out its duties.  Fees charged to local units of 
 14.30  government for the administrative costs of the council and 
 14.31  revenues derived from royalties, reimbursements, or other fees 
 14.32  from software programs, systems, or technical services arising 
 14.33  out of activities funded by current or prior state 
 14.34  appropriations must be credited to the general fund.  The 
 14.35  unencumbered balance of an appropriation in the first year of a 
 14.36  biennium does not cancel but is available for the second year of 
 15.1   the biennium. 
 15.2                              ARTICLE 5 
 15.3                   REORGANIZATION ORDER NUMBER 180 
 15.4      Section 1.  [LEGISLATIVE INTENT.] 
 15.5      The legislature recognizes the legitimacy of and continuing 
 15.6   need for providing crime-specific services to crime victims.  
 15.7   The legislature further recognizes the importance of the 
 15.8   involvement of victims, victim advocates, criminal justice 
 15.9   personnel, and the community in these programs.  It is the 
 15.10  intent of the legislature to preserve this involvement while 
 15.11  simultaneously providing for a more streamlined and efficient 
 15.12  process. 
 15.13     Sec. 2.  Minnesota Statutes 1998, section 609.3241, is 
 15.14  amended to read: 
 15.15     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
 15.16     When a court sentences an adult convicted of violating 
 15.17  section 609.322 or 609.324, while acting other than as a 
 15.18  prostitute, the court shall impose an assessment of not less 
 15.19  than $250 and not more than $500 for a violation of section 
 15.20  609.324, subdivision 2, or a misdemeanor violation of section 
 15.21  609.324, subdivision 3; otherwise the court shall impose an 
 15.22  assessment of not less than $500 and not more than $1,000.  The 
 15.23  mandatory minimum portion of the assessment is to be used for 
 15.24  the purposes described in section 626.558, subdivision 2a, and 
 15.25  is in addition to the surcharge required by section 357.021, 
 15.26  subdivision 6.  Any portion of the assessment imposed in excess 
 15.27  of the mandatory minimum amount shall be forwarded to the 
 15.28  general fund and is appropriated annually to the commissioner of 
 15.29  corrections Minnesota center for crime victim services.  
 15.30  The commissioner director of the center, with the assistance of 
 15.31  the general crime victims battered women advisory council, shall 
 15.32  use money received under this section for grants to agencies 
 15.33  that provide assistance to individuals who have stopped or wish 
 15.34  to stop engaging in prostitution.  Grant money may be used to 
 15.35  provide these individuals with medical care, child care, 
 15.36  temporary housing, and educational expenses. 
 16.1      Sec. 3.  Minnesota Statutes 1998, section 609.605, 
 16.2   subdivision 2, is amended to read: 
 16.3      Subd. 2.  [GROSS MISDEMEANOR.] Whoever trespasses upon the 
 16.4   grounds of a facility providing emergency shelter services for 
 16.5   battered women, as defined under section 611A.31, subdivision 3 
 16.6   611A.01, or of a facility providing transitional housing for 
 16.7   battered women and their children, without claim of right or 
 16.8   consent of one who has right to give consent, and refuses to 
 16.9   depart from the grounds of the facility on demand of one who has 
 16.10  right to give consent, is guilty of a gross misdemeanor. 
 16.11     Sec. 4.  Minnesota Statutes 1998, section 609.7495, 
 16.12  subdivision 1, is amended to read: 
 16.13     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 16.14  section, the following terms have the meanings given them. 
 16.15     (a) "Facility" means any of the following: 
 16.16     (1) a hospital or other health institution licensed under 
 16.17  sections 144.50 to 144.56; 
 16.18     (2) a medical facility as defined in section 144.561; 
 16.19     (3) an agency, clinic, or office operated under the 
 16.20  direction of or under contract with the commissioner of health 
 16.21  or a community health board, as defined in section 145A.02; 
 16.22     (4) a facility providing counseling regarding options for 
 16.23  medical services or recovery from an addiction; 
 16.24     (5) a facility providing emergency shelter services for 
 16.25  battered women, as defined in section 611A.31, subdivision 3 
 16.26  611A.01, or a facility providing transitional housing for 
 16.27  battered women and their children; 
 16.28     (6) a facility as defined in section 626.556, subdivision 
 16.29  2, paragraph (f); 
 16.30     (7) a facility as defined in section 626.5572, subdivision 
 16.31  6, where the services described in that paragraph are provided; 
 16.32     (8) a place to or from which ambulance service, as defined 
 16.33  in section 144E.001, is provided or sought to be provided; and 
 16.34     (9) a hospice program licensed under section 144A.48. 
 16.35     (b) "Aggrieved party" means a person whose access to or 
 16.36  egress from a facility is obstructed in violation of subdivision 
 17.1   2, or the facility. 
 17.2      Sec. 5.  Minnesota Statutes 1998, section 611A.01, is 
 17.3   amended to read: 
 17.4      611A.01 [DEFINITIONS.] 
 17.5      For the purposes of sections 611A.01 to 611A.06: 
 17.6      Subdivision 1.  [APPLICABILITY.] The definitions in this 
 17.7   section apply to this chapter. 
 17.8      Subd. 2.  [ADVOCACY.] "Advocacy" means action taken on 
 17.9   behalf of a victim in accordance with the self-defined needs of 
 17.10  the victim. 
 17.11     Subd. 3.  [ADVOCACY PROGRAMS.] "Advocacy programs" means 
 17.12  programs that act on behalf of victims and provide an array of 
 17.13  services including, but not limited to, support services, 
 17.14  community education and professional training, and systems 
 17.15  change activities. 
 17.16     Subd. 4.  [BATTERED WOMAN.] "Battered woman" means a woman 
 17.17  who is being or has been victimized by domestic abuse as defined 
 17.18  in section 518B.01, subdivision 2. 
 17.19     Subd. 5.  [COMMUNITY EDUCATION AND PROFESSIONAL 
 17.20  TRAINING.] "Community education and professional training" 
 17.21  includes, but is not limited to, training on sexual violence, 
 17.22  battering and domestic violence, or general crime victims; 
 17.23  ongoing direct supervision and training for all paid and unpaid 
 17.24  advocacy program staff; community education about victim needs; 
 17.25  the nature, scope, and root causes of victimization, and about 
 17.26  the availability of advocacy programs; and responding to the 
 17.27  training needs of the public, criminal justice system 
 17.28  professionals, and other community agencies and organizations. 
 17.29     (a) Subd. 6.  [CRIME.] "Crime" means conduct that is 
 17.30  prohibited by local ordinance and results in bodily harm to an 
 17.31  individual; or conduct that is included within the definition of 
 17.32  "crime" in section 609.02, subdivision 1, or would be included 
 17.33  within that definition but for the fact that (i) the person 
 17.34  engaging in the conduct lacked capacity to commit the crime 
 17.35  under the laws of this state, or (ii) the act was alleged or 
 17.36  found to have been committed by a juvenile;. 
 18.1      (b) "Victim" means a natural person who incurs loss or harm 
 18.2   as a result of a crime, including a good faith effort to prevent 
 18.3   a crime, and for purposes of sections 611A.04 and 611A.045, also 
 18.4   includes (i) a corporation that incurs loss or harm as a result 
 18.5   of a crime, (ii) a government entity that incurs loss or harm as 
 18.6   a result of a crime, and (iii) any other entity authorized to 
 18.7   receive restitution under section 609.10 or 609.125.  If the 
 18.8   victim is a natural person and is deceased, "victim" means the 
 18.9   deceased's surviving spouse or next of kin; and 
 18.10     Subd. 7.  [EMERGENCY SHELTER SERVICES.] "Emergency shelter 
 18.11  services" include, but are not limited to, secure crisis 
 18.12  shelters for battered women and housing networks for battered 
 18.13  women. 
 18.14     Subd. 8.  [GENERAL CRIME.] "General crime" means any crime 
 18.15  which is not already included in the definitions of sexual 
 18.16  assault, battered women, or abused children. 
 18.17     (c) Subd. 9.  [JUVENILE.] "Juvenile" has the same meaning 
 18.18  as given to the term "child" in section 260.015, subdivision 2. 
 18.19     Subd. 10.  [SEXUAL ASSAULT.] "Sexual assault" means any act 
 18.20  of sexual violence including, but not limited to, acts falling 
 18.21  under criminal sexual conduct as defined in sections 609.342 to 
 18.22  609.3451, and other civil and criminal violations which involve 
 18.23  nonconsensual verbal or physical sexual activity or sexual 
 18.24  exploitation. 
 18.25     Subd. 11.  [SUPPORT SERVICES.] "Support services" includes, 
 18.26  but is not limited to, counseling, transportation, child care, 
 18.27  24-hour information and referral, and accompaniment during 
 18.28  contacts with criminal justice and human services agencies; 
 18.29  consultations with other organizations regarding specific cases; 
 18.30  safe housing; assistance with accessing crime victim 
 18.31  compensation; assistance in pursuing civil, criminal, and family 
 18.32  court remedies; and access to support groups or informal group 
 18.33  activities. 
 18.34     Subd. 12.  [SYSTEMS CHANGE.] "Systems change" includes, but 
 18.35  is not limited to, protocol and policy development to improve 
 18.36  the systems and community responsiveness to the needs of 
 19.1   survivors of sexual violence, battered women, or general crime 
 19.2   victims and to initiate and participate in prevention. 
 19.3      Subd. 13.  [VICTIM.] "Victim" means a natural person who 
 19.4   incurs loss or harm as a result of a crime, including a good 
 19.5   faith effort to prevent a crime, and for purposes of sections 
 19.6   611A.04 and 611A.045, also includes (1) a corporation that 
 19.7   incurs loss or harm as a result of a crime, (2) a government 
 19.8   entity that incurs loss or harm as a result of a crime, and (3) 
 19.9   any other entity authorized to receive restitution under section 
 19.10  609.10 or 609.125.  If the victim is a natural person and is 
 19.11  deceased, victim means the deceased's surviving spouse or next 
 19.12  of kin. 
 19.13     Sec. 6.  Minnesota Statutes 1998, section 611A.0311, 
 19.14  subdivision 3, is amended to read: 
 19.15     Subd. 3.  [NOTICE FILED WITH DEPARTMENT OF PUBLIC SAFETY.] 
 19.16  Each city and county attorney shall file a notice that a 
 19.17  prosecution plan has been adopted with the commissioner of 
 19.18  public safety by June 1, 1994.  Prosecution plans shall be kept 
 19.19  on file with the Minnesota center for crime victim services.  
 19.20  The director of the center, in consultation with the battered 
 19.21  women advisory council, shall evaluate the effectiveness of the 
 19.22  prosecution plan pilot program. 
 19.23     Sec. 7.  Minnesota Statutes 1998, section 611A.07, 
 19.24  subdivision 1, is amended to read: 
 19.25     Subdivision 1.  [GENERALLY.] The commissioner of 
 19.26  corrections, after considering the recommendations of the 
 19.27  battered women advisory council and the sexual assault advisory 
 19.28  council, and in collaboration with the commissioner of public 
 19.29  safety and the director of the Minnesota center for crime victim 
 19.30  services, shall adopt standards governing electronic monitoring 
 19.31  devices used to protect victims of domestic abuse.  In 
 19.32  developing proposed standards, the commissioner shall consider 
 19.33  the experience of the courts in the tenth judicial district in 
 19.34  the use of the devices to protect victims of domestic abuse.  
 19.35  These standards shall promote the safety of the victim and shall 
 19.36  include measures to avoid the disparate use of the device with 
 20.1   communities of color, product standards, monitoring agency 
 20.2   standards, and victim disclosure standards.  
 20.3      Sec. 8.  [611A.201] [MINNESOTA CENTER FOR CRIME VICTIM 
 20.4   SERVICES; CREATION; ORGANIZATION.] 
 20.5      The Minnesota center for crime victim services is created, 
 20.6   for budgetary and administrative purposes, as an independent 
 20.7   office.  The governor shall appoint the director as chief 
 20.8   executive officer of the center.  The director shall serve in 
 20.9   the unclassified service at the pleasure of the governor.  The 
 20.10  governor shall fill any vacancy in the office of director. 
 20.11     Sec. 9.  [611A.202] [DUTIES.] 
 20.12     The director of the Minnesota center for crime victim 
 20.13  services shall: 
 20.14     (1) manage the office and define the duties of employees 
 20.15  and delegate to them any of the director's powers, duties, and 
 20.16  responsibilities, subject to the director's control and the 
 20.17  conditions the director prescribes; 
 20.18     (2) establish and maintain administrative units necessary 
 20.19  to perform administrative functions common to all units of the 
 20.20  office; 
 20.21     (3) transfer authorized positions and personnel between the 
 20.22  units as necessary to staff those units; 
 20.23     (4) coordinate interagency cooperation in the provision of 
 20.24  services to victims and witnesses; 
 20.25     (5) award grants to programs after considering 
 20.26  recommendations of the advisory councils; 
 20.27     (6) appoint members of the advisory councils; and 
 20.28     (7) adopt rules necessary to implement the duties of the 
 20.29  director described in this chapter. 
 20.30     Sec. 10.  [611A.203] [SUPPORT SERVICES FOR CENTER.] 
 20.31     The department of public safety shall provide the Minnesota 
 20.32  center for crime victim services with fiscal, administrative, 
 20.33  human resources, and technological support services. 
 20.34     Sec. 11.  [611A.204] [ADVISORY COUNCIL RECOMMENDATIONS.] 
 20.35     The director shall consider recommendations of the 
 20.36  appropriate advisory council before awarding grants or adopting 
 21.1   rules, policies, or procedures regarding the planning, 
 21.2   development, data collection, funding, or evaluation of programs 
 21.3   and services for victims.  Notification of grant award decisions 
 21.4   shall be given to the advisory council in time to allow the 
 21.5   council to request reconsideration. 
 21.6      Sec. 12.  [611A.205] [CONFLICTS OF INTEREST.] 
 21.7      A member of a grant review panel for the center shall be 
 21.8   excluded from participating in all aspects of grant review and 
 21.9   recommendations concerning a grant application and any grant 
 21.10  applications in the corresponding competitive category if the 
 21.11  member: 
 21.12     (1) serves or has served at any time during the past three 
 21.13  years as an employee, volunteer, paid consultant, or governing 
 21.14  board member of an organization whose application is being 
 21.15  reviewed; 
 21.16     (2) has a financial interest in the funding of the 
 21.17  applicant organization; or 
 21.18     (3) has a relative, spouse, or partner affiliated with an 
 21.19  applicant organization or project. 
 21.20     Any staff member with a conflict of interest may take part 
 21.21  in the overall review process, but may not rate or take part in 
 21.22  discussions about funding for the program for which they have a 
 21.23  conflict of interest. 
 21.24     Sec. 13.  [611A.206] [DUTIES OF GRANTEES.] 
 21.25     Every public or private nonprofit agency and tribal 
 21.26  government which receives a grant from the center to provide 
 21.27  direct advocacy services shall comply with all rules, policies, 
 21.28  and procedures of the center related to the administration of 
 21.29  the programs.  
 21.30     Sec. 14.  [611A.225] [SEXUAL ASSAULT PROGRAMS.] 
 21.31     Subdivision 1. [GRANTS AWARDED.] The director of the 
 21.32  Minnesota center for crime victim services, in consultation with 
 21.33  the sexual assault advisory council, shall award grants-in-aid 
 21.34  to programs which provide direct advocacy, support services, 
 21.35  community education, professional training, and systems change 
 21.36  activities.  In addition to administering grants-in-aid to 
 22.1   programs, the director shall also award grants for resources, 
 22.2   training, and technical assistance to improve the response of 
 22.3   law enforcement, prosecutors, the criminal justice system, 
 22.4   medical providers, and other community agencies or organizations 
 22.5   which interact with sexual assault victims; to develop and 
 22.6   implement educational programs to increase public awareness of 
 22.7   the nature, scope, and root causes of sexual violence, and the 
 22.8   dynamics of victimization; to develop the capacity of programs 
 22.9   to meet the needs of sexual assault victims; and to develop and 
 22.10  implement sexual assault prevention initiatives. 
 22.11     Subd. 2.  [APPLICATIONS.] Public or private nonprofit 
 22.12  agencies and tribal governments may apply to the director for a 
 22.13  grant to provide direct advocacy services.  The application 
 22.14  shall be submitted in a form approved by the director, after 
 22.15  consultation with the advisory council and shall include: 
 22.16     (1) a proposal for the provision of services as requested 
 22.17  in the application; 
 22.18     (2) a proposed budget; 
 22.19     (3) evidence of an ability to integrate into the proposed 
 22.20  program the uniform method of data collection and program 
 22.21  evaluation; 
 22.22     (4) evidence of an ability to represent the interests of 
 22.23  victims of sexual assault to local law enforcement agencies, 
 22.24  courts, and other public and private community agencies; 
 22.25     (5) evidence of an ability to do outreach to unserved and 
 22.26  underserved populations and to provide culturally and 
 22.27  linguistically appropriate services; and 
 22.28     (6) any other content the director may require, after 
 22.29  considering the recommendations of the advisory council. 
 22.30     Sec. 15.  Minnesota Statutes 1998, section 611A.25, is 
 22.31  amended to read: 
 22.32     611A.25 [SEXUAL ASSAULT ADVISORY COUNCIL.] 
 22.33     Subdivision 1.  [CREATION.] The commissioner of corrections 
 22.34  director of the Minnesota center for crime victim services shall 
 22.35  appoint a 12-member advisory council on sexual assault to advise 
 22.36  the commissioner director on the implementation and continued 
 23.1   operation of sections 611A.21 and 611A.221 section 611A.225.  
 23.2   The sexual assault advisory council shall also serve as a 
 23.3   liaison between the commissioner director and organizations that 
 23.4   provide services to victims of sexual assault, and as an 
 23.5   advocate within the department of corrections for the rights of 
 23.6   sexual assault victims. 
 23.7      Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 23.8   knowledgeable about and have experience or interest in issues 
 23.9   concerning victims of sexual assault, including the need for 
 23.10  effective advocacy services.  The membership of the council 
 23.11  shall represent the interests of sexual assault victims in 
 23.12  Minnesota.  No more than six of the members of the sexual 
 23.13  assault advisory council may be representatives of community or 
 23.14  governmental organizations that provide services to sexual 
 23.15  assault victims.  One-half of the council's members shall reside 
 23.16  in the metropolitan area, composed of Hennepin, Ramsey, Anoka, 
 23.17  Dakota, Scott, Washington, and Carver counties, and one-half of 
 23.18  the members shall reside in the nonmetropolitan area.  To the 
 23.19  extent possible, nonmetropolitan members must be representative 
 23.20  of all nonmetropolitan regions of the state.  To the extent 
 23.21  possible, council membership must reflect diversity with regard 
 23.22  to age, ethnicity, gender, sexual orientation, and disabilities. 
 23.23     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 23.24  governs the filling of vacancies and removal of members of the 
 23.25  sexual assault advisory council.  The terms of the members of 
 23.26  the advisory council shall be two years.  No member may serve on 
 23.27  the advisory council for more than two consecutive terms.  The 
 23.28  council expires on June 30, 2001.  Council members shall receive 
 23.29  expense reimbursement as specified in section 15.059.  
 23.30     Subd. 5.  [DUTIES.] The advisory council shall: 
 23.31     (1) advise the director of the Minnesota center for crime 
 23.32  victim services on all planning, development, data collection, 
 23.33  rulemaking, funding, and evaluation of programs and services for 
 23.34  victims of sexual assault that are funded under section 
 23.35  611A.225, other than matters of a purely administrative nature; 
 23.36     (2) advise the director on rules adopted under chapter 14 
 24.1   pursuant to section 611A.225; 
 24.2      (3) review applications received by the director for grants 
 24.3   under section 611A.225 and make recommendations on the awarding 
 24.4   of grants; and 
 24.5      (4) advise the program manager in performance of duties in 
 24.6   the administration and coordination of the programs funded under 
 24.7   section 611A.225. 
 24.8      Subd. 6.  [SEXUAL ASSAULT PROGRAM MANAGER.] The director 
 24.9   shall, with the advice of the advisory council, select and 
 24.10  employ a program manager who shall aid the council in the 
 24.11  performance of its duties.  The program manager shall administer 
 24.12  the funds appropriated for section 611A.225, consult with and 
 24.13  provide staff to the sexual assault advisory council, and 
 24.14  perform other duties related to sexual assault programs as the 
 24.15  director of the Minnesota center for crime victim services may 
 24.16  assign.  The sexual assault program manager shall work with the 
 24.17  battered women program manager to provide staff to the planning 
 24.18  committee for federal Violence Against Women Act funds and to 
 24.19  perform other duties related to the violence against women 
 24.20  programming as the director may assign. 
 24.21     Sec. 16.  Minnesota Statutes 1998, section 611A.32, is 
 24.22  amended to read: 
 24.23     611A.32 [BATTERED WOMEN PROGRAMS.] 
 24.24     Subdivision 1.  [GRANTS AWARDED.] The commissioner director 
 24.25  of the Minnesota center for crime victim services, in 
 24.26  consultation with the battered women advisory council, shall 
 24.27  award grants to programs which provide emergency shelter 
 24.28  services and support services to battered women and their 
 24.29  children.  The commissioner director shall also award grants for 
 24.30  training, technical assistance, and for the development and 
 24.31  implementation of education programs to increase public 
 24.32  awareness of the causes of battering, the solutions to 
 24.33  preventing and ending domestic violence, and the problems faced 
 24.34  by battered women.  Grants shall be awarded in a manner that 
 24.35  ensures that they are equitably distributed to programs serving 
 24.36  metropolitan and nonmetropolitan populations.  By July 1, 1995, 
 25.1   community-based domestic abuse advocacy and support services 
 25.2   programs must be established in every judicial assignment 
 25.3   district. 
 25.4      Subd. 1a.  [PROGRAM FOR AMERICAN INDIAN WOMEN.] The 
 25.5   commissioner director of the Minnesota center for crime victim 
 25.6   services shall establish at least one program under this section 
 25.7   to provide emergency shelter services and support services to 
 25.8   battered American Indian women.  The commissioner director shall 
 25.9   grant continuing operating expenses to the program established 
 25.10  under this subdivision in the same manner as operating expenses 
 25.11  are granted to programs established under subdivision 1. 
 25.12     Subd. 2.  [APPLICATIONS.] Any Public or private 
 25.13  nonprofit agency agencies and tribal governments may apply to 
 25.14  the commissioner director of the Minnesota center for crime 
 25.15  victim services for a grant to provide emergency shelter 
 25.16  services, support services, or both, to battered women and their 
 25.17  children.  The application shall be submitted in a form approved 
 25.18  by the commissioner by rule adopted under chapter 14 director, 
 25.19  after consultation with the advisory council, and shall include: 
 25.20     (1) a proposal for the provision of emergency shelter 
 25.21  services, support services, or both, for battered women and 
 25.22  their children; 
 25.23     (2) a proposed budget; 
 25.24     (3) evidence of an ability to integrate into the proposed 
 25.25  program the uniform method of data collection and program 
 25.26  evaluation established under sections 611A.33 and section 
 25.27  611A.34; 
 25.28     (4) evidence of an ability to represent the interests of 
 25.29  battered women and their children to local law enforcement 
 25.30  agencies and courts, county welfare agencies, and local boards 
 25.31  or departments of health; 
 25.32     (5) evidence of an ability to do outreach to unserved and 
 25.33  underserved populations and to provide culturally and 
 25.34  linguistically appropriate services; and 
 25.35     (6) any other content the commissioner director may require 
 25.36  by rule adopted under chapter 14, after considering the 
 26.1   recommendations of the advisory council. 
 26.2      Programs which have been approved for grants in prior years 
 26.3   may submit materials which indicate changes in items listed in 
 26.4   clauses (1) to (6), in order to qualify for renewal funding.  
 26.5   Nothing in this subdivision may be construed to require programs 
 26.6   to submit complete applications for each year of renewal funding.
 26.7      Subd. 3.  [DUTIES OF GRANTEES.] Every public or private 
 26.8   nonprofit agency which receives a grant to provide emergency 
 26.9   shelter services and support services to battered women shall 
 26.10  comply with all rules of the commissioner related to the 
 26.11  administration of the pilot programs. 
 26.12     Subd. 5.  [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 
 26.13  Personal history information and other information collected, 
 26.14  used or maintained by a grantee from which the identity of any 
 26.15  battered woman may be determined is private data on individuals, 
 26.16  as defined in section 13.02, subdivision 12, and the grantee 
 26.17  shall maintain the data in accordance with the provisions of 
 26.18  chapter 13. 
 26.19     Sec. 17.  Minnesota Statutes 1998, section 611A.34, is 
 26.20  amended to read: 
 26.21     611A.34 [BATTERED WOMEN ADVISORY COUNCIL.] 
 26.22     Subdivision 1.  [GENERALLY.] The commissioner director of 
 26.23  the Minnesota center for crime victim services shall appoint a 
 26.24  12-member advisory council to advise the commissioner director 
 26.25  on the implementation and continued operation of 
 26.26  sections 611A.31 611A.32 to 611A.36.  The battered women's women 
 26.27  advisory council shall also serve as a liaison between 
 26.28  the commissioner director and organizations that provide 
 26.29  services to battered women, and as an advocate for the rights of 
 26.30  victims of domestic violence.  Section 15.059 governs the 
 26.31  filling of vacancies and removal of members of the advisory 
 26.32  council.  The terms of the members of the advisory council shall 
 26.33  be two years.  No member may serve on the advisory council for 
 26.34  more than two consecutive terms.  Notwithstanding section 
 26.35  15.059, The council shall not expire expires June 30, 2001.  
 26.36  Council members shall not receive per diem, but shall 
 27.1   receive expenses in the same manner and amount as state 
 27.2   employees expense reimbursement as specified in section 15.059.  
 27.3      Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 27.4   knowledgeable about and have experience or interest in issues 
 27.5   concerning battered women, including the need for effective 
 27.6   advocacy services.  The membership of the council shall broadly 
 27.7   represent the interests of battered women in Minnesota.  No more 
 27.8   than six of the members of the battered women's women advisory 
 27.9   council may be representatives of community or governmental 
 27.10  organizations that provide services to battered women.  One-half 
 27.11  of the council's members shall reside in the metropolitan area, 
 27.12  composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 
 27.13  and Carver counties, and one-half of the members shall reside in 
 27.14  the nonmetropolitan area.  To the extent possible, 
 27.15  nonmetropolitan members must be representative of all 
 27.16  nonmetropolitan regions of the state.  To the extent possible, 
 27.17  council membership must reflect diversity with regard to age, 
 27.18  gender, ethnicity, sexual orientation, and differing abilities. 
 27.19     Subd. 2a.  [TERMS, VACANCIES; EXPENSES.] Section 15.059 
 27.20  governs the filling of vacancies and removal of members of the 
 27.21  battered women advisory council.  The terms of the members of 
 27.22  the advisory council shall be two years.  No member may serve on 
 27.23  the advisory council for more than two consecutive terms. 
 27.24     Subd. 3.  [DUTIES.] The advisory council shall: 
 27.25     (1) advise the commissioner director of the Minnesota 
 27.26  center for crime victim services on all planning, development, 
 27.27  data collection, rulemaking, funding, and evaluation of programs 
 27.28  and services for battered women that are funded under section 
 27.29  611A.32, other than matters of a purely administrative nature; 
 27.30     (2) advise the commissioner director of the Minnesota 
 27.31  center for crime victim services on the adoption of rules under 
 27.32  chapter 14 governing the award of grants to ensure that funded 
 27.33  programs are consistent with section 611A.32, subdivision 1; 
 27.34     (3) recommend to the commissioner the names of five 
 27.35  applicants for the position of battered women's program 
 27.36  director; 
 28.1      (4) advise the commissioner director on the rules adopted 
 28.2   under chapter 14 pursuant to section 611A.33 611A.202; 
 28.3      (5) (4) review applications received by the commissioner 
 28.4   director for grants under section 611A.32 and make 
 28.5   recommendations on the awarding of grants; and 
 28.6      (6) (5) advise the program director manager in the 
 28.7   performance of duties in the administration and coordination of 
 28.8   the programs funded under section 611A.32. 
 28.9      Subd. 4.  [CONFLICTS OF INTEREST.] A member of the advisory 
 28.10  council shall be excluded from participating in review and 
 28.11  recommendations concerning a grant application if the member: 
 28.12     (1) serves or has served at any time during the past three 
 28.13  years as an employee, volunteer, or governing board member of an 
 28.14  organization whose application is being reviewed; or 
 28.15     (2) has a financial interest in the funding of the 
 28.16  applicant organization. 
 28.17     Sec. 18.  Minnesota Statutes 1998, section 611A.35, is 
 28.18  amended to read: 
 28.19     611A.35 [BATTERED WOMEN PROGRAM DIRECTOR MANAGER.] 
 28.20     The commissioner director shall appoint, with the advice of 
 28.21  the advisory council, select and employ a program director 
 28.22  manager who shall aid the council in the performance of its 
 28.23  duties.  In appointing the program director the commissioner 
 28.24  shall give due consideration to the list of applicants submitted 
 28.25  to the commissioner pursuant to section 611A.34, subdivision 3, 
 28.26  clause (3).  The program director manager shall administer the 
 28.27  funds appropriated for sections 611A.31 611A.32 to 611A.36, 
 28.28  consult with and provide staff to the advisory council, and 
 28.29  perform other duties related to battered women's programs as the 
 28.30  commissioner director may assign.  The program director shall 
 28.31  serve at the pleasure of the commissioner in the unclassified 
 28.32  service. 
 28.33     Sec. 19.  Minnesota Statutes 1998, section 611A.36, is 
 28.34  amended to read: 
 28.35     611A.36 [DATA COLLECTION.] 
 28.36     Subdivision 1.  [FORM PRESCRIBED.] The commissioner 
 29.1   director shall, by rule adopted under chapter 14, after 
 29.2   considering the recommendations of the advisory council, 
 29.3   prescribe a uniform form and method for the collection of data 
 29.4   on battered women.  The method and form of data collection shall 
 29.5   be designed to document the incidence of assault on battered 
 29.6   women as defined in section 611A.31, subdivision 2.  All data 
 29.7   collected by the commissioner director pursuant to this section 
 29.8   shall be summary data within the meaning of section 13.02, 
 29.9   subdivision 19. 
 29.10     Subd. 2.  [MANDATORY DATA COLLECTION.] Every local law 
 29.11  enforcement agency shall collect data related to battered women 
 29.12  in the form required by the commissioner director.  The data 
 29.13  shall be collected and transmitted to the commissioner director 
 29.14  at such times as the commissioner director shall, by rule, 
 29.15  require. 
 29.16     Subd. 3.  [IMMUNITY FROM LIABILITY.] Any person 
 29.17  participating in good faith and exercising due care in the 
 29.18  collection and transmission of data pursuant to this section 
 29.19  shall have immunity from any liability, civil or criminal, that 
 29.20  otherwise might result by reason of the person's action.  
 29.21     Sec. 20.  Minnesota Statutes 1998, section 611A.361, is 
 29.22  amended to read: 
 29.23     611A.361 [GENERAL CRIME VICTIMS ADVISORY COUNCIL.] 
 29.24     Subdivision 1.  [CREATION.] The commissioner of corrections 
 29.25  director of the Minnesota center for crime victim services shall 
 29.26  appoint a 12-member advisory council on general crime victims to 
 29.27  advise the commissioner director on the implementation and 
 29.28  continued operation of chapter 611A with respect to victims of 
 29.29  crimes other than sexual assault and domestic abuse and child 
 29.30  abuse.  The general crime victims advisory council shall also 
 29.31  serve as a liaison between the commissioner director and 
 29.32  organizations that provide services to victims of general crime, 
 29.33  and as an advocate within the department of corrections for the 
 29.34  rights of general crime victims.  The general crime advisory 
 29.35  council shall also administer the emergency fund grant program 
 29.36  described in section 611A.675 which shall be open to applicants 
 30.1   from all crime areas. 
 30.2      Subd. 2.  [MEMBERSHIP.] Persons appointed shall be 
 30.3   knowledgeable about and have experience or interest in issues 
 30.4   concerning general crime victims, including the need for 
 30.5   effective advocacy services.  The membership of the council 
 30.6   shall represent the interests of general crime victims in 
 30.7   Minnesota.  No more than six of the members of the general crime 
 30.8   victims advisory council may be representatives of community or 
 30.9   governmental organizations that provide services to crime 
 30.10  victims.  One-half of the council's members shall reside in the 
 30.11  metropolitan area, composed of Hennepin, Ramsey, Anoka, Dakota, 
 30.12  Scott, Washington, and Carver counties, and one-half of the 
 30.13  members shall reside in the nonmetropolitan area.  To the extent 
 30.14  possible, nonmetropolitan members must be representative of all 
 30.15  nonmetropolitan regions of the state.  To the extent possible, 
 30.16  council membership must reflect diversity with regard to age, 
 30.17  ethnicity, gender, sexual orientation, and disabilities. 
 30.18     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
 30.19  governs the filling of vacancies and removal of members of the 
 30.20  general crime victims advisory council.  The terms of the 
 30.21  members of the advisory council shall be two years.  No member 
 30.22  may serve on the advisory council for more than two consecutive 
 30.23  terms.  The council expires on June 30, 2001.  Council members 
 30.24  shall receive expense reimbursement as specified in section 
 30.25  15.059. 
 30.26     Subd. 5.  [PROGRAM MANAGER.] The director shall, with the 
 30.27  advice of the advisory council, select and employ a program 
 30.28  manager for the council who shall aid the council in the 
 30.29  performance of its duties. 
 30.30     Sec. 21.  [611A.366] [GENERAL CRIME VICTIM PROGRAMS.] 
 30.31     Subdivision 1.  [GRANTS AWARDED.] The director of the 
 30.32  Minnesota center for crime victim services, in consultation with 
 30.33  the general crime advisory council shall award grants-in-aid to 
 30.34  programs which provide direct advocacy services, community 
 30.35  education, professional training, and systems change activities 
 30.36  for general crime victims.  In addition to administering 
 31.1   grants-in-aid to programs, the director shall also award grants 
 31.2   for resources, training, and technical assistance to improve the 
 31.3   response of law enforcement, prosecutors, the criminal justice 
 31.4   system, medical providers, and other community agencies or 
 31.5   organizations which interact with general crime victims; to 
 31.6   develop and implement educational programs to increase public 
 31.7   awareness of the nature, scope, and root causes of violence and 
 31.8   victim experience; to develop the capacity of programs to meet 
 31.9   the needs of general crime victims; and to develop and implement 
 31.10  general crime prevention initiatives. 
 31.11     Subd. 2.  [APPLICATIONS.] Public or private nonprofit 
 31.12  agencies and tribal governments may apply to the director for a 
 31.13  grant to provide direct advocacy services, community education, 
 31.14  and professional training or systems change activities for 
 31.15  victims of general crime.  The application shall be submitted in 
 31.16  a form approved by the director, after consultation with the 
 31.17  advisory council and shall include: 
 31.18     (1) a proposal for the provision of services as requested 
 31.19  in the application; 
 31.20     (2) a proposed budget; 
 31.21     (3) evidence of an ability to integrate into the proposed 
 31.22  program the uniform method of data collection and program 
 31.23  evaluation; 
 31.24     (4) evidence of an ability to represent the interests of 
 31.25  victims of general crime to local law enforcement agencies, 
 31.26  courts, and other public and private community agencies; 
 31.27     (5) evidence of an ability to do outreach to unserved and 
 31.28  underserved populations and to provide culturally and 
 31.29  linguistically appropriate services; and 
 31.30     (6) any other content the director may require after 
 31.31  considering the recommendations of the advisory council. 
 31.32     Sec. 22.  Minnesota Statutes 1998, section 611A.55, is 
 31.33  amended to read: 
 31.34     611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 
 31.35     Subdivision 1.  [CREATION.] There is created in the 
 31.36  department of public safety Minnesota center for crime victim 
 32.1   services, for budgetary and administrative purposes, the crime 
 32.2   victims reparations board, which shall consist of five members 
 32.3   appointed by the commissioner of public safety and selected from 
 32.4   among the membership of the crime victim and witness advisory 
 32.5   council created in section 611A.71 director of the Minnesota 
 32.6   center for crime victim services.  One of the members shall be 
 32.7   designated as chair by the commissioner of public safety 
 32.8   director of the Minnesota center for crime victim services and 
 32.9   serve as such at the commissioner's director's pleasure.  At 
 32.10  least one member shall be a medical or osteopathic physician 
 32.11  licensed to practice in this state, and at least one member 
 32.12  shall be a victim, as defined in section 611A.01.  To the extent 
 32.13  possible, board membership must reflect diversity with regard to 
 32.14  age, ethnicity, gender, sexual orientation, and disabilities.  
 32.15     Subd. 2.  [TERMS, COMPENSATION, REMOVAL.] The membership 
 32.16  terms, compensation, removal of members, and filling of 
 32.17  vacancies on the board shall be as provided in section 15.0575.  
 32.18  Members of the board who are also members of the crime victim 
 32.19  and witness an advisory council created in section 611A.71 of 
 32.20  the center shall not be compensated while performing duties for 
 32.21  the advisory council. 
 32.22     Subd. 3.  [PART TIME.] Members of the board shall serve 
 32.23  part time. 
 32.24     Subd. 4.  [PROGRAM MANAGER.] The director of the Minnesota 
 32.25  center for crime victim services shall appoint a program manager 
 32.26  who shall administer the funds appropriated for sections 611A.51 
 32.27  to 611A.67, consult with and provide staff to the reparations 
 32.28  board, and perform other duties related to reparations as the 
 32.29  director may assign. 
 32.30     Sec. 23.  Minnesota Statutes 1998, section 611A.57, 
 32.31  subdivision 3, is amended to read: 
 32.32     Subd. 3.  [CLAIM DECISION.] The board executive director 
 32.33  reparations program manager may decide the claim in favor of a 
 32.34  claimant in the amount claimed on the basis of the papers filed 
 32.35  in support of it and the report of the investigation of such 
 32.36  claim.  If unable to decide the claim upon the basis of the 
 33.1   papers and any report of investigation, the board executive 
 33.2   director manager shall discuss the matter with other members of 
 33.3   the board present at a board meeting.  After discussion the 
 33.4   board shall vote on whether to grant or deny the claim or 
 33.5   whether further investigation is necessary.  A decision granting 
 33.6   or denying the claim shall then be issued by the executive 
 33.7   director manager.  
 33.8      Sec. 24.  Minnesota Statutes 1998, section 611A.675, 
 33.9   subdivision 1, is amended to read: 
 33.10     Subdivision 1.  [GRANTS AUTHORIZED.] The general crime 
 33.11  victim and witness advisory council shall make grants to 
 33.12  prosecutors and victim assistance programs for the purpose of 
 33.13  providing emergency assistance to victims.  As used in this 
 33.14  section, "emergency assistance" includes but is not limited to: 
 33.15     (1) replacement of necessary property that was lost, 
 33.16  damaged, or stolen as a result of the crime; 
 33.17     (2) purchase and installation of necessary home security 
 33.18  devices; 
 33.19     (3) transportation to locations related to the victim's 
 33.20  needs as a victim, such as medical facilities and facilities of 
 33.21  the criminal justice system; 
 33.22     (4) cleanup of the crime scene; and 
 33.23     (5) reimbursement for reasonable travel and living expenses 
 33.24  the victim incurred to attend court proceedings that were held 
 33.25  at a location other than the place where the crime occurred due 
 33.26  to a change of venue. 
 33.27     Sec. 25.  Minnesota Statutes 1998, section 611A.71, is 
 33.28  amended to read: 
 33.29     611A.71 [COUNCIL; ESTABLISHMENT.] 
 33.30     Subdivision 1.  [CREATION.] The Minnesota crime victim and 
 33.31  witness advisory council is established and shall consist of 16 
 33.32  members.  
 33.33     Subd. 2.  [MEMBERSHIP.] (a) The crime victim and witness 
 33.34  advisory council shall consist of the following members, 
 33.35  appointed by the commissioner of public safety after consulting 
 33.36  with the commissioner of corrections director for the Minnesota 
 34.1   center for crime victim services:  
 34.2      (1) one district court judge appointed upon recommendation 
 34.3   of the chief justice of the supreme court; 
 34.4      (2) one county attorney appointed upon recommendation of 
 34.5   the Minnesota county attorneys association; 
 34.6      (3) one public defender appointed upon recommendation of 
 34.7   the state public defender; 
 34.8      (4) one peace officer; 
 34.9      (5) one medical or osteopathic physician licensed to 
 34.10  practice in this state; 
 34.11     (6) five members who are crime victims or crime victim 
 34.12  assistance representatives; 
 34.13     (7) three public members; and 
 34.14     (8) one member appointed on recommendation of the Minnesota 
 34.15  general crime victim coalition.  
 34.16     To the extent possible, the appointments should take into 
 34.17  account sex age, gender, sexual orientation, race, disabilities, 
 34.18  and geographic distribution.  No more than seven of the members 
 34.19  appointed under this paragraph may be of one gender.  One of the 
 34.20  nonlegislative members must be designated by the commissioner of 
 34.21  public safety director as chair of the council. 
 34.22     (b) Two members of the council shall be members of the 
 34.23  legislature who have demonstrated expertise and interest in 
 34.24  crime victims issues, one senator appointed under rules of the 
 34.25  senate and one member of the house of representatives appointed 
 34.26  under rules of the house of representatives. 
 34.27     Subd. 3.  [TERMS OF OFFICE.] Section 15.059 governs the 
 34.28  terms of office, filling of vacancies, and removal of members of 
 34.29  the crime victim and witness advisory council.  Members are 
 34.30  eligible for reappointment and appointment may be made to fill 
 34.31  an unexpired term.  The members of the council shall elect any 
 34.32  additional officers necessary for the efficient discharge of 
 34.33  their duties.  
 34.34     Subd. 4.  [COMPENSATION.] Each member of the council shall 
 34.35  serve without compensation.  However, members of the council 
 34.36  shall receive expenses in the same manner and amount as provided 
 35.1   in the commissioner's plan under section 43A.18, subdivision 2; 
 35.2   provided that payments for expenses incurred must be paid from 
 35.3   the existing appropriation for the administrative portion of the 
 35.4   operating budget for the crime victims reparations 
 35.5   activity expense reimbursement as specified in section 15.059. 
 35.6      Subd. 5.  [DUTIES.] The council shall:  
 35.7      (1) review on a regular basis the treatment of victims by 
 35.8   the criminal justice system and the need and availability of 
 35.9   services to victims; 
 35.10     (2) advise the agency designated by the governor to apply 
 35.11  for victim assistance program grants under chapter 14 of Public 
 35.12  Law Number 98-473, in the coordination and allocation of federal 
 35.13  funds for crime victims assistance programs; 
 35.14     (3) advocate necessary changes and monitor victim-related 
 35.15  legislation; 
 35.16     (4) (3) provide information, training, and technical 
 35.17  assistance to state and local agencies and groups involved in 
 35.18  victim and witness assistance; 
 35.19     (5) (4) serve as a clearinghouse for information concerning 
 35.20  victim and witness programs; 
 35.21     (6) (5) develop guidelines for the implementation of victim 
 35.22  and witness assistance programs and aid in the creation and 
 35.23  development of programs; 
 35.24     (7) (6) coordinate the development and implementation of 
 35.25  policies and guidelines for the treatment of victims and 
 35.26  witnesses, and the delivery of services to them; and 
 35.27     (8) (7) develop ongoing public awareness efforts and 
 35.28  programs to assist victims; and 
 35.29     (9) administer the grant program described in section 
 35.30  611A.675. 
 35.31     Subd. 6.  [EXECUTIVE DIRECTOR PROGRAM MANAGER.] The 
 35.32  commissioner of public safety director shall, with the advice of 
 35.33  the advisory council, select and employ an executive director a 
 35.34  program manager for the council who shall serve in the 
 35.35  unclassified service at the pleasure of the commissioner and 
 35.36  shall aid the council in the performance of its duties under 
 36.1   subdivision 5 and supervise the administration of the Crime 
 36.2   Victims Reparations Act manage the center's communications, 
 36.3   training, and research unit. 
 36.4      Subd. 7.  [EXPIRATION.] The council expires on June 30, 
 36.5   2001. 
 36.6      Sec. 26.  Minnesota Statutes 1998, section 611A.76, is 
 36.7   amended to read: 
 36.8      611A.76 [CRIME VICTIM SERVICES TELEPHONE LINE.] 
 36.9      The commissioner of public safety office of the crime 
 36.10  victims ombudsman shall operate at least one statewide toll-free 
 36.11  24-hour telephone line for the purpose of providing crime 
 36.12  victims with referrals for victim services and resources. 
 36.13     Sec. 27.  [TRANSFER OF VICTIM SERVICES FUNCTIONS TO 
 36.14  MINNESOTA CENTER FOR CRIME VICTIM SERVICES.] 
 36.15     Subdivision 1.  [COMMISSIONER OF CORRECTIONS.] Except for 
 36.16  the duties relating to notice of release of offenders under 
 36.17  Minnesota Statutes, section 611A.06, all powers and duties 
 36.18  imposed on the commissioner of corrections relating to victim 
 36.19  services and rights by Minnesota Statutes, chapter 611A, are 
 36.20  transferred to and imposed on the director of the Minnesota 
 36.21  center for crime victim services. 
 36.22     Subd. 2.  [COMMISSIONER OF PUBLIC SAFETY.] All powers and 
 36.23  duties imposed on the commissioner of public safety relating to 
 36.24  victim services and rights by Minnesota Statutes, chapter 611A, 
 36.25  are transferred to and imposed on the director of the Minnesota 
 36.26  center for crime victim services. 
 36.27     Subd. 3.  [TRANSFER OF POWER.] Minnesota Statutes, section 
 36.28  15.039, applies to the transfer of power and duties under 
 36.29  subdivisions 1 and 2. 
 36.30     Sec. 28.  [REPEALER.] 
 36.31     Minnesota Statutes 1998, sections 611A.21; 611A.22; 
 36.32  611A.221; 611A.31; 611A.33; 611A.345; 611A.41; 611A.43; and 
 36.33  611A.78, are repealed.