HF 2404

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the operation of state government; crime 
  1.3             prevention and judiciary finance; appropriating money 
  1.4             for the judicial branch, public safety, public 
  1.5             defense, corrections, human rights, and related 
  1.6             purposes; increasing and prescribing criminal 
  1.7             penalties for certain offenses; expanding the 
  1.8             categories of offenders that must provide a biological 
  1.9             specimen for DNA testing; allowing separate sentences 
  1.10            and consecutive sentences in certain situations; 
  1.11            requiring a statewide model policy governing police 
  1.12            pursuits; requiring training on emergency vehicle 
  1.13            operations; providing for integrated criminal justice 
  1.14            information systems; transferring the office of drug 
  1.15            policy and violence prevention from the department of 
  1.16            children, families, and learning to the department of 
  1.17            public safety; clarifying certain public safety 
  1.18            procedures; establishing the Rush city correctional 
  1.19            facility; modifying productive day programs; delaying 
  1.20            the transfer of per diem funding for battered women 
  1.21            shelters; transferring victim and offender mediation 
  1.22            programs from the supreme court to the center for 
  1.23            crime victim services; establishing a residential 
  1.24            program for women leaving prostitution; establishing a 
  1.25            neighborhood-based crime victim and witness services 
  1.26            program; providing for the state takeover of costs of 
  1.27            certain court-related programs; providing for the 
  1.28            state takeover of court administration employees and 
  1.29            costs in certain judicial districts; increasing the 
  1.30            number of judges in certain judicial districts; 
  1.31            creating a program to license qualified court 
  1.32            interpreters; identifying collective bargaining rights 
  1.33            and processes for court employees; amending Minnesota 
  1.34            Statutes 1998, sections 2.722, subdivision 1; 43A.02, 
  1.35            subdivision 25; 43A.24, subdivision 2; 119A.26; 
  1.36            119A.28, subdivisions 2 and 3; 119A.29, subdivision 1; 
  1.37            119A.32; 119A.33; 119A.34, subdivisions 3 and 4; 
  1.38            168A.40, subdivision 2; 179A.03, subdivisions 7, 14, 
  1.39            15, and by adding a subdivision; 179A.06, subdivision 
  1.40            2; 179A.10, subdivision 4; 179A.12, subdivision 4; 
  1.41            179A.22, subdivisions 2 and 3; 241.275, subdivisions 1 
  1.42            and 2; 242.192; 243.50; 244.05, subdivisions 4 and 5; 
  1.43            244.18, subdivision 3; 253B.23, subdivisions 1 and 8; 
  1.44            257.69, subdivision 2; 260.251, subdivisions 2 and 5; 
  1.45            260.56; 299C.063, subdivision 2; 299C.65, subdivisions 
  1.46            2, 5, and by adding subdivisions; 466.01, subdivision 
  2.1             6; 480.181, subdivision 1; 484.013, subdivisions 1 and 
  2.2             2; 484.64, subdivision 3; 484.65, subdivision 3; 
  2.3             485.018, subdivisions 2 and 6; 485.03; 485.27; 487.10, 
  2.4             subdivision 4; 518.165, subdivision 3; 546.13; 546.44, 
  2.5             subdivision 3; 563.01, subdivisions 2, 9, and 10; 
  2.6             609.035, subdivisions 1, 2, and by adding a 
  2.7             subdivision; 609.102, by adding a subdivision; 
  2.8             609.1095, by adding a subdivision; 609.3461, 
  2.9             subdivisions 1 and 2; 611.33, subdivision 3; 611A.77; 
  2.10            626.5532; and 626.845, subdivision 1; Laws 1997, 
  2.11            chapter 85, article 3, section 53; proposing coding 
  2.12            for new law in Minnesota Statutes, chapters 12; 179A; 
  2.13            241; 243; 299A; 477A; 480; and 626; repealing 
  2.14            Minnesota Statutes 1998, sections 119A.04, subdivision 
  2.15            5; 241.275, subdivision 5; 241.277; 241.41; 241.42; 
  2.16            241.43; 241.44; 241.441; 241.45; 256D.05, subdivisions 
  2.17            3 and 3a; 357.021, subdivision 2a; 563.01, subdivision 
  2.18            1; and 609.113. 
  2.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.20                             ARTICLE 1 
  2.21                           APPROPRIATIONS 
  2.22  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.23     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.24  appropriated from the general fund, or another fund named, to 
  2.25  the agencies and for the purposes specified in this act, to be 
  2.26  available for the fiscal years indicated for each purpose.  The 
  2.27  figures "1999," "2000," and "2001," where used in this act, mean 
  2.28  that the appropriation or appropriations listed under them are 
  2.29  available for the year ending June 30, 1999, June 30, 2000, or 
  2.30  June 30, 2001, respectively. 
  2.31                          SUMMARY BY FUND
  2.32                 1999           2000          2001          TOTAL
  2.33  General $  2,074,000  $ 546,645,000 $ 582,744,000$1,129,389,000
  2.34  Special Revenue           8,625,000     8,876,000    17,501,000
  2.35  State Government
  2.36  Special Revenue               7,000         7,000        14,000
  2.37  Environmental                44,000        46,000        90,000
  2.38  Trunk Highway             1,626,000     1,656,000     3,282,000
  2.39  TOTAL   $  2,074,000  $ 556,947,000 $ 593,329,000$1,150,276,000
  2.40                                             APPROPRIATIONS 
  2.41                                         Available for the Year 
  2.42                                             Ending June 30 
  2.43                                            2000         2001 
  2.44  Sec. 2.  SUPREME COURT 
  2.45  Subdivision 1.  Total 
  2.46  Appropriation                       $ 24,808,000   $ 25,131,000
  2.47  The amounts that may be spent from this 
  3.1   appropriation for each program are 
  3.2   specified in the following subdivisions.
  3.3   Subd. 2.  Supreme Court Operations 
  3.4        4,401,000      4,481,000
  3.5   $14,000 the first year is for a 
  3.6   judicial salary supplement. 
  3.7   $5,000 the first year and $5,000 the 
  3.8   second year are for a contingent 
  3.9   account for expenses necessary for the 
  3.10  normal operation of the court for which 
  3.11  no other reimbursement is provided. 
  3.12  When purchasing furniture or fixtures, 
  3.13  the Supreme Court must consider 
  3.14  purchasing furniture or fixtures that 
  3.15  were made as part of an industrial and 
  3.16  commercial activity authorized by 
  3.17  Minnesota Statutes, section 241.27. 
  3.18  Subd. 3.  Civil Legal Services
  3.19       6,250,000      6,250,000
  3.20  This appropriation is for legal 
  3.21  services to low-income clients and for 
  3.22  family farm legal assistance under 
  3.23  Minnesota Statutes, section 480.242.  
  3.24  Any unencumbered balance remaining in 
  3.25  the first year does not cancel but is 
  3.26  available for the second year of the 
  3.27  biennium.  A qualified legal services 
  3.28  program, as defined in Minnesota 
  3.29  Statutes, section 480.24, subdivision 
  3.30  3, may provide legal services to 
  3.31  persons eligible for family farm legal 
  3.32  assistance under Minnesota Statutes, 
  3.33  section 480.242. 
  3.34  Of this appropriation, $877,000 the 
  3.35  first year and $877,000 the second year 
  3.36  are to improve the access of low-income 
  3.37  clients to legal representation in 
  3.38  family law matters.  This appropriation 
  3.39  must be distributed under Minnesota 
  3.40  Statutes, section 480.242, to the 
  3.41  qualified legal services programs 
  3.42  described in Minnesota Statutes, 
  3.43  section 480.242, subdivision 2, 
  3.44  paragraph (a).  Any unencumbered 
  3.45  balance remaining in the first year 
  3.46  does not cancel and is available for 
  3.47  the second year of the biennium. 
  3.48  Subd. 4.  State Court Administration 
  3.49      12,370,000     12,595,000
  3.50  $1,500,000 the first year and 
  3.51  $1,500,000 the second year are for the 
  3.52  expanded use of technology. 
  3.53  $50,000 each year is for a grant writer.
  3.54  $80,000 the second year is for state 
  3.55  court takeover costs under article 6.  
  3.56  This paragraph does not take effect 
  3.57  unless an appropriation and offsetting 
  4.1   state aids and fine transfers specified 
  4.2   in the 1999 omnibus tax bill take 
  4.3   effect in fiscal year 2001. 
  4.4   $75,000 each year is transferred from 
  4.5   the base amount to the Center for Crime 
  4.6   Victim Services to operate the 
  4.7   mediation programs for crime victims 
  4.8   and offenders under Minnesota Statutes, 
  4.9   section 611A.77. 
  4.10  The appropriation in Laws 1998, chapter 
  4.11  367, article 1, section 2, subdivision 
  4.12  4, for the parental cooperation task 
  4.13  force is available until expended. 
  4.14  Subd. 5.  Law Library Operations
  4.15       1,787,000      1,805,000
  4.16  Sec. 3.  COURT OF APPEALS              6,527,000      6,647,000
  4.17  $29,000 the first year is for the 
  4.18  judicial salary supplement. 
  4.19  Sec. 4.  DISTRICT COURTS              77,151,000     79,241,000
  4.20  $433,000 the first year is for the 
  4.21  judicial salary supplement. 
  4.22  $2,969,000 is for human resources 
  4.23  enhancements, including one trial court 
  4.24  judge unit each in the seventh, ninth, 
  4.25  and tenth judicial districts beginning 
  4.26  July 1, 1999; and two trial court judge 
  4.27  units in the first judicial district 
  4.28  and one trial court judge unit in the 
  4.29  tenth judicial district beginning July 
  4.30  1, 2000.  Each judge unit consists of a 
  4.31  judge, court reporter, and law clerk.  
  4.32  This appropriation also is to fund six 
  4.33  new law clerk positions beginning on or 
  4.34  after July 1, 1999.  This appropriation 
  4.35  shall be annualized for the 2000-2001 
  4.36  biennium. 
  4.37  $200,000 each year is for judicial 
  4.38  branch infrastructure.  This 
  4.39  appropriation is for: 
  4.40  (1) the replacement of workstations and 
  4.41  telephone systems; 
  4.42  (2) the maintenance of equipment; 
  4.43  (3) the purchase of online computer 
  4.44  services; 
  4.45  (4) employee development; 
  4.46  (5) increased rent and moving expenses; 
  4.47  and 
  4.48  (6) increased staffing. 
  4.49  $75,000 the first year and $75,000 the 
  4.50  second year are for guardian ad litem 
  4.51  coordinators.  
  4.52  $225,000 the first year and $200,000 
  4.53  the second year are for continued 
  5.1   funding for the community courts in the 
  5.2   second and fourth judicial districts.  
  5.3   This funding shall be split equally 
  5.4   between the two judicial districts.  
  5.5   This is a one-time appropriation. 
  5.6   The second judicial district and fourth 
  5.7   judicial district shall each report 
  5.8   quarterly to the chairs and ranking 
  5.9   minority members of the legislative 
  5.10  committees and divisions with 
  5.11  jurisdiction over criminal justice 
  5.12  funding on: 
  5.13  (1) how money appropriated for this 
  5.14  initiative was spent; and 
  5.15  (2) the cooperation of other criminal 
  5.16  justice agencies and county units of 
  5.17  government in the community courts' 
  5.18  efforts. 
  5.19  The first report is due on October 1, 
  5.20  1999.  None of this appropriation may 
  5.21  be used for the purpose of complying 
  5.22  with these reporting requirements. 
  5.23  The appropriation to operate a 
  5.24  community court in the fourth judicial 
  5.25  district is available only if the court 
  5.26  is designed to focus on and give 
  5.27  priority to property offenses and other 
  5.28  misdemeanor-level offenses, excluding 
  5.29  prostitution offenses, that affect the 
  5.30  quality of life in urban 
  5.31  neighborhoods.  After the community 
  5.32  court is fully operational, the 
  5.33  district may expand the court to 
  5.34  include misdemeanor-level prostitution 
  5.35  offenses in addition to its existing 
  5.36  caseload. 
  5.37  Sec. 5.  BOARD ON JUDICIAL  
  5.38  STANDARDS                                235,000        241,000
  5.39  Sec. 6.  TAX COURT                       664,000        680,000
  5.40  Sec. 7.  PUBLIC SAFETY
  5.41  Subdivision 1.  Total 
  5.42  Appropriation                         42,344,000     36,729,000
  5.43                Summary by Fund
  5.44                          2000          2001
  5.45  General              40,147,000    34,488,000
  5.46  Special Revenue         520,000       532,000 
  5.47  Trunk Highway         1,626,000     1,656,000 
  5.48  Environmental            44,000        46,000 
  5.49  State Government                       
  5.50  Special Revenue           7,000         7,000
  5.51  The amounts that may be spent from this 
  5.52  appropriation for each program are 
  5.53  specified in the following subdivisions.
  6.1   Subd. 2.  Emergency Management
  6.2                 Summary by Fund
  6.3   General               3,840,000     3,875,000
  6.4   Environmental            44,000        46,000
  6.5   $30,000 the first year and $25,000 the 
  6.6   second year are one-time appropriations 
  6.7   to provide the bomb disposal 
  6.8   reimbursements authorized by Minnesota 
  6.9   Statutes, section 299C.063, subdivision 
  6.10  2.  During each fiscal year, if 
  6.11  requests for reimbursement exceed these 
  6.12  appropriations, the commissioner shall 
  6.13  pay the additional reimbursements from 
  6.14  the base budget of the emergency 
  6.15  management division, not to exceed 
  6.16  $50,000 in total reimbursements in each 
  6.17  fiscal year. 
  6.18  The commissioner shall develop an 
  6.19  implementation plan under which the 
  6.20  division of emergency management makes 
  6.21  bomb disposal and bio-hazard response 
  6.22  services available to requesting local 
  6.23  governments and agencies on a statewide 
  6.24  basis.  The statewide plan shall 
  6.25  identify and establish a service 
  6.26  delivery system that is based on 
  6.27  regional needs and resources and 
  6.28  through which the necessary services 
  6.29  are provided in an efficient and 
  6.30  cost-effective manner by state 
  6.31  agencies, local municipalities, and 
  6.32  private service providers.  The 
  6.33  commissioner shall submit the 
  6.34  implementation plan to the chairs and 
  6.35  ranking minority members of the senate 
  6.36  and house committees with jurisdiction 
  6.37  over criminal justice funding and 
  6.38  policy by January 15, 2001. 
  6.39  Subd. 3.  Criminal Apprehension 
  6.40                Summary by Fund
  6.41  General              23,570,000    22,387,000
  6.42  Special Revenue         520,000       532,000
  6.43  State Government
  6.44  Special Revenue           7,000         7,000
  6.45  Trunk Highway         1,626,000     1,656,000
  6.46  $5,500,000 the first year and 
  6.47  $3,500,000 the second year are for the 
  6.48  criminal justice data network upgrade. 
  6.49  $210,000 the first year and $210,000 
  6.50  the second year are to be transferred 
  6.51  to the commissioner of corrections for 
  6.52  a statewide probation system component 
  6.53  of the criminal justice information 
  6.54  system.  This appropriation must be 
  6.55  included in the budget base for the 
  6.56  2002-2003 biennium. 
  6.57  $99,000 the first year and $99,000 the 
  7.1   second year from the Bureau of Criminal 
  7.2   Apprehension account in the special 
  7.3   revenue fund are for grants to local 
  7.4   officials for the cooperative 
  7.5   investigation of cross-jurisdictional 
  7.6   criminal activity.  Any unencumbered 
  7.7   balance remaining in the first year 
  7.8   does not cancel but is available for 
  7.9   the second year. 
  7.10  $421,000 the first year and $433,000 
  7.11  the second year from the Bureau of 
  7.12  Criminal Apprehension account in the 
  7.13  special revenue fund are for laboratory 
  7.14  activities. 
  7.15  $500,000 the first year and $55,000 the 
  7.16  second year are for a lab information 
  7.17  management system. 
  7.18  $800,000 the second year is for 
  7.19  start-up costs, including employee 
  7.20  hiring and training, for the northern 
  7.21  BCA satellite laboratory facility in 
  7.22  the city of Bemidji, for which 
  7.23  predesign money was appropriated in 
  7.24  Laws 1998, chapter 404, section 13, 
  7.25  subdivision 11. 
  7.26  $125,000 the second year is to expand 
  7.27  DNA testing of predatory offenders. 
  7.28  Subd. 4.  Fire Marshal 
  7.29       3,174,000      3,239,000
  7.30  $52,000 the first year and $42,000 the 
  7.31  second year are for a fire code 
  7.32  development and training position.  The 
  7.33  permanent complement of the division is 
  7.34  increased by one position. 
  7.35  The state fire marshal shall purchase 
  7.36  and maintain equipment for use at fire 
  7.37  scenes to enhance its response in arson 
  7.38  investigations.  The costs related to 
  7.39  purchase and maintenance of this 
  7.40  equipment shall come out of the fire 
  7.41  marshal's base budget. 
  7.42  Subd. 5.  Alcohol and Gambling Enforcement
  7.43       1,758,000      1,799,000
  7.44  Subd. 6.  Law Enforcement and Community Grants
  7.45       7,805,000      3,188,000 
  7.46  $2,650,000 the first year and 
  7.47  $2,650,000 the second year are for the 
  7.48  grants authorized under Minnesota 
  7.49  Statutes, section 299A.66, subdivisions 
  7.50  1 and 2, and to fund the operation of 
  7.51  the criminal gang oversight council and 
  7.52  strike force described in Minnesota 
  7.53  Statutes, section 299A.64.  This is a 
  7.54  one-time appropriation. 
  7.55  $2,000,000 the first year is a one-time 
  7.56  appropriation for grants distributed 
  7.57  under the CODEFOR demonstration grant 
  8.1   program described in Minnesota 
  8.2   Statutes, section 299A.67.  This 
  8.3   appropriation is available until 
  8.4   expended.  
  8.5   $1,000,000 the first year is for grants 
  8.6   under Minnesota Statutes, section 
  8.7   299A.62, subdivision 1, clause (2), to 
  8.8   enable local law enforcement agencies 
  8.9   to assign overtime officers to high 
  8.10  crime areas within their 
  8.11  jurisdictions.  These grants shall be 
  8.12  distributed as provided in Minnesota 
  8.13  Statutes, section 299A.62, subdivision 
  8.14  2.  This is a one-time appropriation. 
  8.15  $500,000 the first year is a one-time 
  8.16  appropriation for a grant to the Ramsey 
  8.17  county attorney's office to establish 
  8.18  and fund the domestic assault and child 
  8.19  abuse prosecution unit.  
  8.20  $1,100,000 is for grants to pay the 
  8.21  costs of developing or implementing a 
  8.22  criminal justice information 
  8.23  integration plan as described in 
  8.24  Minnesota Statutes, section 299C.65, 
  8.25  subdivision 6 or 7.  This is a one-time 
  8.26  appropriation. 
  8.27  The commissioner of public safety and 
  8.28  the Minnesota safety council are 
  8.29  directed to work with the commissioner 
  8.30  of transportation and local 
  8.31  governmental officials to develop a 
  8.32  plan to implement the crosswalk safety 
  8.33  law.  By January 1, 2000, the 
  8.34  commissioner shall report back to the 
  8.35  chairs and ranking minority members of 
  8.36  the house and senate committees with 
  8.37  jurisdiction over public safety issues. 
  8.38  $200,000 each year is a one-time 
  8.39  appropriation for a grant to the center 
  8.40  for reducing rural violence to continue 
  8.41  the technical assistance and related 
  8.42  rural violence prevention services the 
  8.43  center offers to rural communities.  
  8.44  This is a one-time appropriation. 
  8.45  $30,000 the first year is to assist 
  8.46  volunteer ambulance services, licensed 
  8.47  under Minnesota Statutes, chapter 144E, 
  8.48  in purchasing automatic external 
  8.49  defibrillators.  Ambulance services are 
  8.50  eligible for a grant under this 
  8.51  provision if they do not already 
  8.52  possess an automatic external 
  8.53  defibrillator and if they provide a 25 
  8.54  percent match in nonstate funds.  This 
  8.55  is a one-time appropriation. 
  8.56  The commissioner of public safety shall 
  8.57  administer a program to distribute 
  8.58  computer-controlled driving simulators 
  8.59  to local or state law enforcement 
  8.60  agencies or POST-certified skills 
  8.61  programs selected by the commissioner 
  8.62  of public safety. 
  8.63  Before any decisions are made on which 
  9.1   law enforcement agencies will receive 
  9.2   driving simulators, a committee 
  9.3   consisting of a representative from the 
  9.4   Minnesota chiefs of police association, 
  9.5   a representative from the Minnesota 
  9.6   sheriffs association, a representative 
  9.7   from the state patrol, and a 
  9.8   representative from the Minnesota 
  9.9   police and peace officers association 
  9.10  shall evaluate the applications.  The 
  9.11  commissioner shall consult with the 
  9.12  committee concerning its evaluation and 
  9.13  recommendations on distribution 
  9.14  proposals prior to making a final 
  9.15  decision on distribution.  
  9.16  Law enforcement agencies or 
  9.17  POST-certified skills programs that 
  9.18  receive a computer-controlled driving 
  9.19  simulator under this section must: 
  9.20  (1) provide necessary training to their 
  9.21  employees in emergency vehicle 
  9.22  operations and in the conduct of police 
  9.23  pursuits; 
  9.24  (2) provide a five-year plan for 
  9.25  maintaining the hardware necessary to 
  9.26  operate the driving simulators; 
  9.27  (3) provide a five-year plan to update 
  9.28  software necessary to operate the 
  9.29  driving simulators; 
  9.30  (4) provide a plan to make the driving 
  9.31  simulators available at a reasonable 
  9.32  cost and with reasonable availability 
  9.33  to other law enforcement agencies to 
  9.34  train their officers; and 
  9.35  (5) provide an estimate of the 
  9.36  availability of the driving simulators 
  9.37  for use by other law enforcement 
  9.38  agencies. 
  9.39  By January 15, 2001, the commissioner 
  9.40  shall report to the chairs and ranking 
  9.41  minority members of the house and 
  9.42  senate committees and divisions having 
  9.43  jurisdiction over criminal justice 
  9.44  matters on the driving simulators 
  9.45  distributed under this section. 
  9.46  The commissioner of public safety shall 
  9.47  administer a program to distribute tire 
  9.48  deflators to local or state law 
  9.49  enforcement agencies selected by the 
  9.50  commissioner of public safety.  The 
  9.51  number of tire deflators distributed to 
  9.52  each local or state law enforcement 
  9.53  agency may not exceed the number of 
  9.54  marked squad cars used by the agency. 
  9.55  Before any decisions are made on which 
  9.56  law enforcement agencies will receive 
  9.57  tire deflators, a committee consisting 
  9.58  of a representative from the Minnesota 
  9.59  chiefs of police association, a 
  9.60  representative from the Minnesota 
  9.61  sheriffs association, a representative 
  9.62  from the state patrol, and a 
 10.1   representative from the Minnesota 
 10.2   police and peace officers association 
 10.3   shall evaluate the applications.  The 
 10.4   commissioner shall consult with the 
 10.5   committee concerning its evaluation and 
 10.6   recommendations on distribution 
 10.7   proposals prior to making a final 
 10.8   decision on distribution.  
 10.9   Law enforcement agencies that receive 
 10.10  tire deflators under this section 
 10.11  must:  (i) provide any necessary 
 10.12  training to their employees concerning 
 10.13  use of the tire deflators; and (ii) 
 10.14  compile statistics on use of the tire 
 10.15  deflators and the results, and report 
 10.16  this information to the commissioner as 
 10.17  required. 
 10.18  By January 15, 2001, the commissioner 
 10.19  shall report to the chairs and ranking 
 10.20  minority members of the house and 
 10.21  senate committees and divisions having 
 10.22  jurisdiction over criminal justice 
 10.23  matters on the tire deflators 
 10.24  distributed under this section. 
 10.25  Sec. 8.  CRIME VICTIM
 10.26  SERVICES CENTER     
 10.27  Subdivision 1.  Total  
 10.28  Appropriation                         13,381,000     31,576,000
 10.29  The director of the agency and the 
 10.30  commissioner of human services shall, 
 10.31  in consultation with affected parties, 
 10.32  report by October 15, 1999, to the 
 10.33  governor, the commissioner of finance, 
 10.34  and appropriate legislative committee 
 10.35  chairs on a complete plan and 
 10.36  legislation necessary for 
 10.37  implementation of the transfer of 
 10.38  payments to battered women's shelters 
 10.39  from the department to the agency 
 10.40  effective July 1, 2000.  The plan must 
 10.41  not exceed funding appropriated for 
 10.42  that purpose in fiscal year 2001 and 
 10.43  shall assume funding at that same level 
 10.44  for the following biennium.  For 
 10.45  purposes of this section, "agency" 
 10.46  means the center for crime victim 
 10.47  services. 
 10.48  Subd. 2.  Crime Victim 
 10.49  Reparations Board
 10.50       2,129,000      2,140,000
 10.51  $50,000 the first year and $45,000 the 
 10.52  second year are for computer system 
 10.53  enhancements. 
 10.54  Subd. 3.  Crime Victims
 10.55  Assistance
 10.56      11,252,000     29,436,000
 10.57  $103,000 each year is for a grant under 
 10.58  Minnesota Statutes, section 611A.32, to 
 10.59  Cornerstone Advocacy Services, Inc. 
 11.1   $103,000 each year is for a grant under 
 11.2   Minnesota Statutes, section 611A.32, to 
 11.3   the American Indian Community Housing 
 11.4   Organization. 
 11.5   $109,000 the second year is for the 
 11.6   administration of the battered women's 
 11.7   shelter per diem payments. 
 11.8   $100,000 the first year and $75,000 the 
 11.9   second year are for the pilot project 
 11.10  grant program to provide 
 11.11  neighborhood-based services to crime 
 11.12  victims and witnesses described in 
 11.13  article 5. 
 11.14  $263,000 the first year and $361,000 
 11.15  the second year shall be used to award 
 11.16  a grant for the residential program for 
 11.17  women leaving prostitution described in 
 11.18  article 5. 
 11.19  Sec. 9.  CRIME VICTIM 
 11.20  OMBUDSMAN                                387,000        395,000
 11.21  Sec. 10.  BOARD OF PRIVATE DETECTIVE 
 11.22  AND PROTECTIVE AGENT SERVICES            136,000        141,000
 11.23  Sec. 11.  BOARD OF PEACE OFFICER 
 11.24  STANDARDS AND TRAINING                 
 11.25                Summary by Fund
 11.26  Special Revenue Fund Total             4,371,000      4,401,000 
 11.27  General Fund Total                       400,000        400,000 
 11.28  This appropriation is from the peace 
 11.29  officers training account in the 
 11.30  special revenue fund.  Any receipts 
 11.31  credited to the peace officer training 
 11.32  account in the special revenue fund in 
 11.33  the first year in excess of $4,371,000 
 11.34  must be transferred and credited to the 
 11.35  general fund.  Any receipts credited to 
 11.36  the peace officer training account in 
 11.37  the special revenue fund in the second 
 11.38  year in excess of $4,401,000 must be 
 11.39  transferred and credited to the general 
 11.40  fund. 
 11.41  $400,000 each year is appropriated from 
 11.42  the general fund for reimbursement to 
 11.43  local law enforcement agencies for the 
 11.44  cost of providing training in emergency 
 11.45  vehicle operations and police pursuit. 
 11.46  Sec. 12.  BOARD OF PUBLIC DEFENSE 
 11.47  Subdivision 1.  Total       
 11.48  Appropriation                         46,268,000     47,097,000
 11.49  None of this appropriation shall be 
 11.50  used to pay for lawsuits against public 
 11.51  agencies or public officials to change 
 11.52  social or public policy.  
 11.53  The amounts that may be spent from this 
 11.54  appropriation for each program are 
 11.55  specified in the following subdivisions.
 12.1   Subd. 2.  State Public      
 12.2   Defender 
 12.3        3,187,000      3,270,000
 12.4   $107,000 each year is for salary 
 12.5   increases. 
 12.6   Subd. 3.  Administrative Services  
 12.7   Office  
 12.8        1,217,000      1,238,000
 12.9   $2,000 each year is for salary 
 12.10  increases. 
 12.11  The state public defender may use money 
 12.12  appropriated as part of the office's 
 12.13  base budget to hire a personnel 
 12.14  director. 
 12.15  Subd. 4.  District Public   
 12.16  Defense  
 12.17      41,864,000     42,589,000 
 12.18  $1,200,000 each year is for salary 
 12.19  increases. 
 12.20  $500,000 each year is for caseload 
 12.21  equity. 
 12.22  $1,231,000 each year is for grants to 
 12.23  the five existing public defense 
 12.24  corporations under Minnesota Statutes, 
 12.25  section 611.216. 
 12.26  $375,000 the first year is for the 
 12.27  statewide connection project. 
 12.28  Sec. 13.  CORRECTIONS 
 12.29  Subdivision 1.  Total 
 12.30  Appropriation                        
 12.31                Summary by Fund
 12.32  General Fund                         331,544,000    352,203,000 
 12.33  Special Revenue Fund                   1,122,000      1,122,000 
 12.34  The amounts that may be spent from this 
 12.35  appropriation for each program are 
 12.36  specified in the following subdivisions.
 12.37  Any unencumbered balances remaining in 
 12.38  the first year do not cancel but are 
 12.39  available for the second year of the 
 12.40  biennium. 
 12.41  Positions and administrative money may 
 12.42  be transferred within the department of 
 12.43  corrections as the commissioner 
 12.44  considers necessary, upon the advance 
 12.45  approval of the commissioner of finance.
 12.46  For the biennium ending June 30, 2001, 
 12.47  the commissioner of corrections may, 
 12.48  with the approval of the commissioner 
 12.49  of finance, transfer funds to or from 
 12.50  salaries. 
 13.1   The commissioner of corrections may 
 13.2   transfer discretionary funds within 
 13.3   management services or community 
 13.4   services to hire a housing coordinator 
 13.5   for the affordable housing project. 
 13.6   Subd. 2.  Correctional 
 13.7   Institutions  
 13.8                 Summary by Fund
 13.9   General Fund        208,446,000    224,730,000 
 13.10  Special Revenue Fund    865,000        785,000 
 13.11  $1,000,000 the first year and 
 13.12  $1,500,000 the second year are 
 13.13  appropriated from the general fund, for 
 13.14  the fiscal biennium ending June 30, 
 13.15  2001, for asset preservation and 
 13.16  facility repair.  This funding may be 
 13.17  transferred between programs, to the 
 13.18  extent it is used for the same 
 13.19  purpose.  The commissioner may use any 
 13.20  other available funding for this 
 13.21  purpose, to the extent it is not 
 13.22  inconsistent with any other law. 
 13.23  $950,000 the second year is for the 
 13.24  expansion of the mental health and the 
 13.25  infirmary units at Oak Park Heights. 
 13.26  During the biennium ending June 30, 
 13.27  2001, the commissioner may enter into 
 13.28  contracts with private corporations or 
 13.29  governmental units of the state of 
 13.30  Minnesota to house adult offenders 
 13.31  committed to the commissioner of 
 13.32  corrections.  Every effort shall be 
 13.33  made to house individuals committed to 
 13.34  the commissioner of corrections in 
 13.35  Minnesota correctional facilities. 
 13.36  Subd. 3.  Juvenile Services
 13.37      14,821,000     15,119,000 
 13.38  $100,000 the first year and $100,000 
 13.39  the second year are appropriated from 
 13.40  the general fund for the fiscal 
 13.41  biennium ending June 30, 2001, for 
 13.42  asset preservation and facility 
 13.43  repair.  This funding may be 
 13.44  transferred between programs, to the 
 13.45  extent it is used for the same 
 13.46  purpose.  The commissioner may use any 
 13.47  other available funding for this 
 13.48  purpose, to the extent it is not 
 13.49  inconsistent with any other law. 
 13.50  $650,000 the first year and $690,000 
 13.51  the second year are for juvenile female 
 13.52  programs. 
 13.53  $150,000 each year is to expand 
 13.54  aftercare and transition services to 
 13.55  youth who are under the supervision of 
 13.56  the department of corrections. 
 13.57  $70,000 each year is for an additional 
 13.58  academic teacher at Minnesota 
 14.1   Correctional Facility-Red Wing. 
 14.2   $65,000 each year is for increased 
 14.3   funding for vocational education at 
 14.4   Minnesota Correctional Facility-Red 
 14.5   Wing. 
 14.6   $400,000 each year is for the weekend 
 14.7   camp program at Camp Ripley for first- 
 14.8   or second-time juvenile offenders and 
 14.9   youth at risk.  This is a one-time 
 14.10  appropriation. 
 14.11  Subd. 4.  Community Services 
 14.12                Summary by Fund
 14.13  General Fund         97,737,000    100,854,000 
 14.14  Special Revenue Fund     90,000         90,000 
 14.15  All money received by the commissioner 
 14.16  of corrections pursuant to the domestic 
 14.17  abuse investigation fee under Minnesota 
 14.18  Statutes, section 609.2244, is 
 14.19  available for use by the commissioner 
 14.20  and is appropriated annually to the 
 14.21  commissioner of corrections for costs 
 14.22  related to conducting investigations. 
 14.23  $500,000 the first year and $1,000,000 
 14.24  the second year are for an increase in 
 14.25  Community Corrections Act subsidy 
 14.26  funding.  The funding shall be 
 14.27  distributed according to the community 
 14.28  corrections aid formula in Minnesota 
 14.29  Statutes, section 401.10. 
 14.30  $1,425,000 the first year and 
 14.31  $4,000,000 the second year are for a 
 14.32  statewide probation and supervised 
 14.33  release caseload and workload reduction 
 14.34  grant program.  Counties that deliver 
 14.35  correctional services through Minnesota 
 14.36  Statutes, chapter 244, and that qualify 
 14.37  for new probation officers under this 
 14.38  program shall receive full 
 14.39  reimbursement for the officers' 
 14.40  salaries and reimbursement for the 
 14.41  officers' benefits and support as set 
 14.42  forth in the probations standards task 
 14.43  force report, not to exceed $70,000 per 
 14.44  officer annually.  Positions funded by 
 14.45  this appropriation may not supplant 
 14.46  existing services.  Position control 
 14.47  numbers for these positions must be 
 14.48  annually reported to the commissioner 
 14.49  of corrections. 
 14.50  The commissioner shall distribute money 
 14.51  appropriated for state and county 
 14.52  probation officer caseload and workload 
 14.53  reduction according to the formula 
 14.54  contained in Minnesota Statutes, 
 14.55  section 401.10.  These appropriations 
 14.56  may not be used to supplant existing 
 14.57  state or county probation officer 
 14.58  positions or existing correctional 
 14.59  services or programs.  The money 
 14.60  appropriated under this provision is 
 14.61  intended to reduce state and county 
 15.1   probation officer caseload and workload 
 15.2   overcrowding and to increase 
 15.3   supervision of individuals sentenced to 
 15.4   probation at the county level.  This 
 15.5   increased supervision may be 
 15.6   accomplished through a variety of 
 15.7   methods, including but not limited to:  
 15.8   (1) innovative technology services, 
 15.9   such as automated probation reporting 
 15.10  systems and electronic monitoring; (2) 
 15.11  prevention and diversion programs; (3) 
 15.12  intergovernmental cooperation 
 15.13  agreements between local governments 
 15.14  and appropriate community resources; 
 15.15  and (4) traditional probation program 
 15.16  services. 
 15.17  $1,500,000 each year is for grants to 
 15.18  eligible counties to increase 
 15.19  supervision of sex offenders who are on 
 15.20  probation, intensive community 
 15.21  supervision, supervised release, or 
 15.22  intensive supervised release by means 
 15.23  of caseload reduction.  Grants may be 
 15.24  awarded to counties only if they (1) 
 15.25  participate in the Community 
 15.26  Corrections Act and (2) employ 
 15.27  probation officers who have specialized 
 15.28  caseloads consisting only of sex 
 15.29  offenders.  The grants shall be used to 
 15.30  reduce the number of offenders 
 15.31  supervised by officers with specialized 
 15.32  caseloads to an average of 35 
 15.33  offenders.  This funding shall be 
 15.34  distributed according to the community 
 15.35  corrections aid formula contained in 
 15.36  Minnesota Statutes, section 401.10, 
 15.37  except that any money that is not 
 15.38  allocated due to a particular county's 
 15.39  ineligibility shall be redistributed to 
 15.40  the other participating counties in 
 15.41  proportion to their usual shares under 
 15.42  the community corrections aid formula. 
 15.43  $25,000 each year is for sex offender 
 15.44  transitional programming. 
 15.45  $500,000 each year is for increased 
 15.46  funding for intensive community 
 15.47  services. 
 15.48  $500,000 each year is for increased bed 
 15.49  capacity for work release offenders. 
 15.50  $112,500 each year is for programming 
 15.51  for adult female offenders. 
 15.52  The following amounts are appropriated 
 15.53  as base-level funding for the statewide 
 15.54  productive day initiative program 
 15.55  defined in Minnesota Statutes, section 
 15.56  241.275: 
 15.57  $725,000 to the Hennepin county 
 15.58  community corrections agency; 
 15.59  $725,000 to the Ramsey county community 
 15.60  corrections agency; 
 15.61  $938,000 to the Arrowhead regional 
 15.62  community corrections agency; 
 16.1   $642,000 to the Dodge-Fillmore-Olmsted 
 16.2   community corrections agency; 
 16.3   $353,000 to the Anoka county community 
 16.4   corrections agency; and 
 16.5   $277,000 to the tri-county community 
 16.6   corrections agency. 
 16.7   $100,000 the first year and $100,000 
 16.8   the second year are to support 
 16.9   institution work crews in the 
 16.10  Sentencing to Service program. 
 16.11  $200,000 the first year is for youth 
 16.12  intervention programs established under 
 16.13  Minnesota Statutes, section 268.30, 
 16.14  subdivisions 1 and 2.  Funding may be 
 16.15  used to expand existing programs to 
 16.16  serve unmet needs or to create new 
 16.17  programs in underserved areas of the 
 16.18  state.  Up to three percent of the 
 16.19  total appropriation for youth 
 16.20  intervention programs may be spent on 
 16.21  administration, training, and technical 
 16.22  assistance.  One percent of the total 
 16.23  appropriation for youth intervention 
 16.24  programs is for a grant to the 
 16.25  Minnesota Youth Intervention Programs 
 16.26  Association (YIPA) to provide 
 16.27  collaborative training and technical 
 16.28  assistance to community-based grantees 
 16.29  of the program.  This is a one-time 
 16.30  appropriation. 
 16.31  $125,000 each year is for the juvenile 
 16.32  mentoring project.  This is a one-time 
 16.33  appropriation. 
 16.34  $230,000 the first year is for grants 
 16.35  related to restorative justice 
 16.36  programs.  The commissioner may make 
 16.37  grants to fund new as well as existing 
 16.38  programs.  This is a one-time 
 16.39  appropriation.  
 16.40  The money appropriated for restorative 
 16.41  justice program grants under this 
 16.42  subdivision may be used to fund the use 
 16.43  of restorative justice in domestic 
 16.44  abuse cases, except in cases where the 
 16.45  restorative justice process that is 
 16.46  used includes a meeting at which the 
 16.47  offender and victim are both present at 
 16.48  the same time.  "Domestic abuse" has 
 16.49  the meaning given in Minnesota 
 16.50  Statutes, section 518B.01, subdivision 
 16.51  2. 
 16.52  Subd. 6.  Management Services  
 16.53                Summary by Fund
 16.54  General Fund         10,540,000     11,500,000 
 16.55  Special Revenue Fund    167,000        247,000 
 16.56  $40,000 the first year and $750,000 the 
 16.57  second year are for technology 
 16.58  improvements. 
 17.1   Sec. 14.  SENTENCING GUIDELINES
 17.2   COMMISSION                               471,000        486,000 
 17.3   Sec. 15.  HUMAN RIGHTS                 3,889,000      3,980,000
 17.4   Sec. 16.  UNIFORM LAWS COMMISSION         37,000         38,000 
 17.5   Sec. 17.  ADMINISTRATION                 500,000        ...,000 
 17.6   $500,000 is appropriated from the 
 17.7   general fund to the commissioner of 
 17.8   administration to administer 
 17.9   enforcement of Minnesota Statutes, 
 17.10  section 16B.616 and for the purpose of 
 17.11  making grants to places of public 
 17.12  accommodation in hardship cases to 
 17.13  assist them in achieving compliance 
 17.14  with the bleacher safety requirements 
 17.15  of section 16B.616.  State grants are 
 17.16  available when the commissioner of 
 17.17  administration has determined matching 
 17.18  funds in an amount equal to the grant 
 17.19  have been committed.  This is a 
 17.20  one-time appropriation. 
 17.21  Sec. 18.  ATTORNEY GENERAL               100,000        -0-     
 17.22  $100,000 the first year is for a grant 
 17.23  to the Drug Abuse Resistance Education 
 17.24  Advisory Council.  This is a one-time 
 17.25  appropriation. 
 17.26  Sec. 19.  AUTO THEFT PREVENTION 
 17.27  BOARD                                  2,612,000      2,821,000 
 17.28  This appropriation is from the 
 17.29  automobile theft prevention account in 
 17.30  the special revenue fund. 
 17.31  Of this appropriation, up to $485,000 
 17.32  the first year and up to $935,000 the 
 17.33  second year are transferred to the 
 17.34  commissioner of public safety for the 
 17.35  purchase of computer-controlled driving 
 17.36  simulators.  Any amount not spent by 
 17.37  the commissioner of public safety for 
 17.38  this purpose shall be returned to the 
 17.39  automobile theft prevention account in 
 17.40  the special revenue fund and may be 
 17.41  used for other automobile theft 
 17.42  prevention activities. 
 17.43  Of this appropriation, $250,000 the 
 17.44  first year is transferred to the 
 17.45  commissioner of public safety for the 
 17.46  purchase and distribution of tire 
 17.47  deflators to local or state law 
 17.48  enforcement agencies. 
 17.49  Sec. 20.  DEFICIENCY                
 17.50  APPROPRIATION                       
 17.51                Fiscal Year 1999
 17.52  General               2,074,000   
 17.53  $2,074,000 is added to the 
 17.54  appropriation in Laws 1997, chapter 
 17.55  239, article 1, section 7, subdivision 
 17.56  2, to provide matching funds for 
 17.57  federal emergency management assistance 
 18.1   funds received for natural disaster 
 18.2   assistance payments. 
 18.3   Sec. 21.  SUNSET OF 
 18.4   UNCODIFIED LANGUAGE                                            
 18.5   All uncodified language contained in 
 18.6   this article expires on June 30, 2001, 
 18.7   unless a different expiration date is 
 18.8   explicit. 
 18.9                              ARTICLE 2 
 18.10                       SENTENCING PROVISIONS 
 18.11     Section 1.  Minnesota Statutes 1998, section 244.05, 
 18.12  subdivision 4, is amended to read: 
 18.13     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
 18.14  serving a mandatory life sentence under section 609.106 must not 
 18.15  be given supervised release under this section.  An inmate 
 18.16  serving a mandatory life sentence under section 609.185, clause 
 18.17  (1), (3), (5), or (6); or 609.109, subdivision 2a; or 609.1095, 
 18.18  subdivision 3a, must not be given supervised release under this 
 18.19  section without having served a minimum term of 30 years.  An 
 18.20  inmate serving a mandatory life sentence under section 609.385 
 18.21  must not be given supervised release under this section without 
 18.22  having served a minimum term of imprisonment of 17 years. 
 18.23     Sec. 2.  Minnesota Statutes 1998, section 244.05, 
 18.24  subdivision 5, is amended to read: 
 18.25     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
 18.26  commissioner of corrections may, under rules promulgated by the 
 18.27  commissioner, give supervised release to an inmate serving a 
 18.28  mandatory life sentence under section 609.185, clause (1), (3), 
 18.29  (5), or (6); 609.109, subdivision 2a; 609.1095, subdivision 3a; 
 18.30  or 609.385 after the inmate has served the minimum term of 
 18.31  imprisonment specified in subdivision 4. 
 18.32     (b) The commissioner shall require the preparation of a 
 18.33  community investigation report and shall consider the findings 
 18.34  of the report when making a supervised release decision under 
 18.35  this subdivision.  The report shall reflect the sentiment of the 
 18.36  various elements of the community toward the inmate, both at the 
 18.37  time of the offense and at the present time.  The report shall 
 18.38  include the views of the sentencing judge, the prosecutor, any 
 19.1   law enforcement personnel who may have been involved in the 
 19.2   case, and any successors to these individuals who may have 
 19.3   information relevant to the supervised release decision.  The 
 19.4   report shall also include the views of the victim and the 
 19.5   victim's family unless the victim or the victim's family chooses 
 19.6   not to participate. 
 19.7      (c) The commissioner shall make reasonable efforts to 
 19.8   notify the victim, in advance, of the time and place of the 
 19.9   inmate's supervised release review hearing.  The victim has a 
 19.10  right to submit an oral or written statement at the review 
 19.11  hearing.  The statement may summarize the harm suffered by the 
 19.12  victim as a result of the crime and give the victim's 
 19.13  recommendation on whether the inmate should be given supervised 
 19.14  release at this time.  The commissioner must consider the 
 19.15  victim's statement when making the supervised release decision. 
 19.16     (d) As used in this subdivision, "victim" means the 
 19.17  individual who suffered harm as a result of the inmate's crime 
 19.18  or, if the individual is deceased, the deceased's surviving 
 19.19  spouse or next of kin. 
 19.20     Sec. 3.  Minnesota Statutes 1998, section 609.035, 
 19.21  subdivision 1, is amended to read: 
 19.22     Subdivision 1.  Except as provided in subdivisions 2, 3, 
 19.23  and 4, and 5, and in sections 609.251, 609.585, 609.21, 
 19.24  subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
 19.25  if a person's conduct constitutes more than one offense under 
 19.26  the laws of this state, the person may be punished for only one 
 19.27  of the offenses and a conviction or acquittal of any one of them 
 19.28  is a bar to prosecution for any other of them.  All the 
 19.29  offenses, if prosecuted, shall be included in one prosecution 
 19.30  which shall be stated in separate counts. 
 19.31     Sec. 4.  Minnesota Statutes 1998, section 609.035, 
 19.32  subdivision 2, is amended to read: 
 19.33     Subd. 2.  (a) When a person is being sentenced for a 
 19.34  violation of a provision listed in paragraph (f), the court may 
 19.35  sentence the person to a consecutive term of imprisonment for a 
 19.36  violation of any other provision listed in paragraph (f), 
 20.1   notwithstanding the fact that the offenses arose out of the same 
 20.2   course of conduct, subject to the limitation on consecutive 
 20.3   sentences contained in section 609.15, subdivision 2, and except 
 20.4   as provided in paragraphs (b), (c), and (d) of this subdivision. 
 20.5      (b) When a person is being sentenced for a violation of 
 20.6   section 169.129 the court may not impose a consecutive sentence 
 20.7   for a violation of a provision of section 169.121, subdivision 
 20.8   1, or for a violation of a provision of section 171.20, 171.24, 
 20.9   or 171.30. 
 20.10     (c) When a person is being sentenced for a violation of 
 20.11  section 171.20, 171.24, or 171.30, the court may not impose a 
 20.12  consecutive sentence for another violation of a provision in 
 20.13  chapter 171. 
 20.14     (d) When a person is being sentenced for a violation of 
 20.15  section 169.791 or 169.797, the court may not impose a 
 20.16  consecutive sentence for another violation of a provision of 
 20.17  sections 169.79 to 169.7995. 
 20.18     (e) This subdivision does not limit the authority of the 
 20.19  court to impose consecutive sentences for crimes arising on 
 20.20  different dates or to impose a consecutive sentence when a 
 20.21  person is being sentenced for a crime and is also in violation 
 20.22  of the conditions of a stayed or otherwise deferred sentence 
 20.23  under section 609.135. 
 20.24     (f) This subdivision applies to misdemeanor and gross 
 20.25  misdemeanor violations of the following if the offender has two 
 20.26  or more prior impaired driving convictions as defined in section 
 20.27  169.121, subdivision 3: 
 20.28     (1) section 169.121, subdivision 1, driving while 
 20.29  intoxicated; 
 20.30     (2) section 169.121, subdivision 1a, testing refusal; 
 20.31     (3) section 169.129, aggravated driving while intoxicated; 
 20.32     (4) section 169.791, failure to provide proof of insurance; 
 20.33     (5) section 169.797, failure to provide vehicle insurance; 
 20.34     (6) section 171.20, subdivision 2, operation after 
 20.35  revocation, suspension, cancellation, or disqualification; 
 20.36     (7) section 171.24, driving without valid license; and 
 21.1      (8) section 171.30, violation of condition of limited 
 21.2   license; and 
 21.3      (9) section 609.487, fleeing a peace officer. 
 21.4      Sec. 5.  Minnesota Statutes 1998, section 609.035, is 
 21.5   amended by adding a subdivision to read: 
 21.6      Subd. 5.  [EXCEPTION; FLEEING A PEACE OFFICER.] 
 21.7   Notwithstanding subdivision 1, a prosecution or conviction for 
 21.8   violating section 609.487 is not a bar to conviction of or 
 21.9   punishment for any other crime committed by the defendant as 
 21.10  part of the same conduct.  If an offender is punished for more 
 21.11  than one crime as authorized by this subdivision and the court 
 21.12  imposes consecutive sentences for the crimes, the consecutive 
 21.13  sentences are not a departure from the sentencing guidelines. 
 21.14     Sec. 6.  Minnesota Statutes 1998, section 609.1095, is 
 21.15  amended by adding a subdivision to read: 
 21.16     Subd. 3a.  [THIRD VIOLENT FELONY; LIFE SENTENCE.] (a) 
 21.17  Unless a longer mandatory minimum sentence is otherwise provided 
 21.18  by law, a person who is convicted of a violent crime that is a 
 21.19  felony must be sentenced to imprisonment for life, 
 21.20  notwithstanding the statutory maximum sentence otherwise 
 21.21  applicable to the offense, if the court determines on the record 
 21.22  at the time of sentencing that the person has two or more prior 
 21.23  felony convictions for violent crimes.  The court may waive the 
 21.24  mandatory life imprisonment penalty and sentence the person as 
 21.25  provided in subdivision 3 if the court finds, on the record, 
 21.26  substantial and compelling mitigating reasons for doing so. 
 21.27     (b) For purposes of this subdivision, "violent crime" does 
 21.28  not include a violation of section 152.023, 152.024, 609.165, 
 21.29  609.222, 609.223, 609.24, 609.245, 609.255, 609.562, 609.687, or 
 21.30  624.713.  
 21.31     Sec. 7.  Minnesota Statutes 1998, section 609.3461, 
 21.32  subdivision 1, is amended to read: 
 21.33     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
 21.34  offender to provide a biological specimen for the purpose of DNA 
 21.35  analysis as defined in section 299C.155 when: 
 21.36     (1) the court sentences a person charged with violating or 
 22.1   attempting to violate section 609.185, clause (2), 609.342, 
 22.2   609.343, 609.344, 609.345, or 617.23, subdivision 3, clause (2), 
 22.3   who is convicted of violating one of those sections any of the 
 22.4   following, and the person is convicted of that offense or of any 
 22.5   offense arising out of the same set of circumstances;: 
 22.6      (i) murder under section 609.185, 609.19, or 609.195; 
 22.7      (ii) manslaughter under section 609.20 or 609.205; 
 22.8      (iii) assault under section 609.221, 609.222, or 609.223; 
 22.9      (iv) robbery under section 609.24 or aggravated robbery 
 22.10  under section 609.245; 
 22.11     (v) kidnapping under section 609.25; 
 22.12     (vi) false imprisonment under section 609.255; 
 22.13     (vii) criminal sexual conduct under section 609.342, 
 22.14  609.343, 609.344, or 609.345; 
 22.15     (viii) incest under section 609.365; 
 22.16     (ix) burglary under section 609.582, subdivision 1; or 
 22.17     (x) indecent exposure under section 617.23, subdivision 3, 
 22.18  clause (2); 
 22.19     (2) the court sentences a person as a patterned sex 
 22.20  offender under section 609.108; or 
 22.21     (3) the juvenile court adjudicates a person a delinquent 
 22.22  child who is the subject of a delinquency petition for violating 
 22.23  or attempting to violate section 609.185, clause (2), 609.342, 
 22.24  609.343, 609.344, 609.345, or 617.23, subdivision 3, clause (2) 
 22.25  any of the following, and the delinquency adjudication is based 
 22.26  on a violation of one of those sections or of any offense 
 22.27  arising out of the same set of circumstances: 
 22.28     (i) murder under section 609.185, 609.19, or 609.195; 
 22.29     (ii) manslaughter under section 609.20 or 609.205; 
 22.30     (iii) assault under section 609.221, 609.222, or 609.223; 
 22.31     (iv) robbery under section 609.24 or aggravated robbery 
 22.32  under section 609.245; 
 22.33     (v) kidnapping under section 609.25; 
 22.34     (vi) false imprisonment under section 609.255; 
 22.35     (vii) criminal sexual conduct under section 609.342, 
 22.36  609.343, 609.344, or 609.345; 
 23.1      (viii) incest under section 609.365; 
 23.2      (ix) burglary under section 609.582, subdivision 1; or 
 23.3      (x) indecent exposure under section 617.23, subdivision 3, 
 23.4   clause (2). 
 23.5   The biological specimen or the results of the analysis shall be 
 23.6   maintained by the bureau of criminal apprehension as provided in 
 23.7   section 299C.155. 
 23.8      Sec. 8.  Minnesota Statutes 1998, section 609.3461, 
 23.9   subdivision 2, is amended to read: 
 23.10     Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
 23.11  violating or attempting to violate section 609.185, clause (2), 
 23.12  609.342, 609.343, 609.344, 609.345, or 617.23, subdivision 3, 
 23.13  clause (2), or initially charged with violating one of those 
 23.14  sections and convicted of another offense arising out of the 
 23.15  same set of circumstances, or sentenced as a patterned sex 
 23.16  offender under section 609.108, and committed to the custody of 
 23.17  the commissioner of corrections, or serving a term of 
 23.18  imprisonment in this state under a reciprocal agreement although 
 23.19  convicted in another state of an offense described in this 
 23.20  subdivision or a similar law of the United States or any other 
 23.21  state, has not provided a biological specimen for the purpose of 
 23.22  DNA analysis, The commissioner of corrections or local 
 23.23  corrections authority shall order the a person to provide a 
 23.24  biological specimen for the purpose of DNA analysis before 
 23.25  completion of the person's term of imprisonment. when the person 
 23.26  has not provided a biological specimen for the purpose of DNA 
 23.27  analysis and the person: 
 23.28     (1) was convicted of violating or attempting to violate any 
 23.29  of the following or initially charged with violating one of the 
 23.30  following sections and convicted of another offense arising out 
 23.31  of the same set of circumstances: 
 23.32     (i) murder under section 609.185, 609.19, or 609.195; 
 23.33     (ii) manslaughter under section 609.20 or 609.205; 
 23.34     (iii) assault under section 609.221, 609.222, or 609.223; 
 23.35     (iv) robbery under section 609.24 or aggravated robbery 
 23.36  under section 609.245; 
 24.1      (v) kidnapping under section 609.25; 
 24.2      (vi) false imprisonment under section 609.255; 
 24.3      (vii) criminal sexual conduct under section 609.342, 
 24.4   609.343, 609.344, or 609.345; 
 24.5      (viii) incest under section 609.365; 
 24.6      (ix) burglary under section 609.582, subdivision 1; or 
 24.7      (x) indecent exposure under section 617.23, subdivision 3, 
 24.8   clause (2); or 
 24.9      (2) was sentenced as a patterned sex offender under section 
 24.10  609.108, and committed to the custody of the commissioner of 
 24.11  corrections; or 
 24.12     (3) is serving a term of imprisonment in this state under a 
 24.13  reciprocal agreement although convicted in another state of an 
 24.14  offense described in this subdivision or a similar law of the 
 24.15  United States or any other state.  The commissioner of 
 24.16  corrections or local corrections authority shall forward the 
 24.17  sample to the bureau of criminal apprehension. 
 24.18     Sec. 9.  [INSTRUCTION TO REVISOR.] 
 24.19     The revisor of statutes shall renumber Minnesota Statutes 
 24.20  1998, section 609.3461, as section 609.117. 
 24.21     Sec. 10.  [EFFECTIVE DATE.] 
 24.22     Sections 1 to 6 are effective August 1, 1999, and apply to 
 24.23  crimes committed on or after that date.  The court shall 
 24.24  consider convictions occurring before August 1, 1999, as prior 
 24.25  convictions in sentencing offenders under sections 1, 2, and 6. 
 24.26     Sections 7 to 9 are effective July 1, 2000, and apply to 
 24.27  offenders sentenced or released on or after that date. 
 24.28                             ARTICLE 3 
 24.29                           PUBLIC SAFETY
 24.30     Section 1.  [12.38] [AID FOR EXTRAORDINARY LOCAL DISASTER 
 24.31  EXPENSES.] 
 24.32     (a) A political subdivision as defined in section 12.03, 
 24.33  subdivision 9, that meets the eligibility requirements of this 
 24.34  subdivision may be considered for state aid for necessary 
 24.35  extraordinary expenses incurred or to be incurred because of a 
 24.36  natural or other disaster defined in section 12.03, subdivision 
 25.1   2. 
 25.2      (b) The eligibility requirements are: 
 25.3      (1) the governor must declare that the disaster is subject 
 25.4   to this section; 
 25.5      (2) the political subdivision or part of it must be within 
 25.6   the area of the governor's declaration; 
 25.7      (3) the expenses must be necessitated by the disaster 
 25.8   referred to in the declaration and spent for that disaster's 
 25.9   effect within the declared disaster area that is within the 
 25.10  political subdivision; 
 25.11     (4) the expenses must be for effects arising during a 
 25.12  defined period of time or in a defined incident referred to in 
 25.13  the governor's declaration; 
 25.14     (5) the expenses must not be eligible for federal disaster 
 25.15  assistance, of any kind, if any; 
 25.16     (6) extraordinary expenses, unreimbursed from any other 
 25.17  source, must exceed five percent of the gross tax levy of the 
 25.18  political subdivision for the political subdivision's tax year 
 25.19  in which the eligible expenses are incurred or to be incurred; 
 25.20  and 
 25.21     (7) the expenses must be for a public purpose. 
 25.22     Sec. 2.  [ASSISTANCE FOR DISASTERS AND EXTRAORDINARY 
 25.23  EXPENSES.] 
 25.24     Subdivision 1.  [STUDY.] The commissioners of public safety 
 25.25  and finance shall establish a work group to study the issues of 
 25.26  disasters and extraordinary emergency expenses caused by natural 
 25.27  or other disasters.  The study shall make findings and 
 25.28  recommendations that address the following: 
 25.29     (a) situations that meet the definition of a disaster or an 
 25.30  extraordinary expense that may include: 
 25.31     (1) federal, state, or local disaster declarations; 
 25.32     (2) the events that trigger extraordinary emergency 
 25.33  expenses; and 
 25.34     (3) the process of determining extraordinary costs; 
 25.35     (b) eligible recipients for assistance that may include: 
 25.36     (1) state agencies; 
 26.1      (2) counties; 
 26.2      (3) political subdivisions; 
 26.3      (4) individuals; 
 26.4      (5) businesses; and 
 26.5      (6) private nonprofits; 
 26.6      (c) propose appropriate types of funding and funding 
 26.7   sources to provide assistance in the situations identified in 
 26.8   paragraph (1); 
 26.9      (d) identify measures to prevent or reduce the costs of 
 26.10  disasters and extraordinary emergency expenses that may include: 
 26.11     (1) increasing the capability of local entities to respond; 
 26.12     (2) hazard mitigation; and 
 26.13     (3) a cost-benefit analysis of the measures proposed. 
 26.14     Subd. 2.  [MEMBERSHIP.] The commissioners shall seek 
 26.15  participation in the work group from representatives of the 
 26.16  following groups: 
 26.17     (1) Association of Minnesota Counties; 
 26.18     (2) League of Minnesota Cities; 
 26.19     (3) Minnesota Townships Association; 
 26.20     (4) Association of Minnesota Emergency Managers; and 
 26.21     (5) Metropolitan Emergency Managers Association. 
 26.22     The commissioners may appoint other members as they deem 
 26.23  necessary. 
 26.24     Subd. 3.  [REPORT.] By October 1, 1999, the commissioners 
 26.25  shall submit their report containing specific findings and 
 26.26  recommendations to the chairs and ranking minority members of 
 26.27  the house judiciary finance committee, the house transportation 
 26.28  finance committee, the senate crime prevention and judicial 
 26.29  budget division and the senate transportation budget division. 
 26.30     Sec. 3.  Minnesota Statutes 1998, section 119A.26, is 
 26.31  amended to read: 
 26.32     119A.26 [OFFICE OF DRUG POLICY AND VIOLENCE PREVENTION.] 
 26.33     Subdivision 1.  [OFFICE; ASSISTANT COMMISSIONER.] The 
 26.34  office of drug policy and violence prevention is an office in 
 26.35  the department of children, families, and learning public 
 26.36  safety, headed by an assistant commissioner appointed by the 
 27.1   commissioner to serve in the unclassified service.  
 27.2   The assistant commissioner may appoint other employees.  
 27.3   The assistant commissioner shall coordinate the violence 
 27.4   prevention activities and the prevention and supply reduction 
 27.5   activities of state and local agencies and provide one 
 27.6   professional staff member to assist on a full-time basis the 
 27.7   work of the chemical abuse prevention resource council use the 
 27.8   resources of the office to conduct activities related to crime 
 27.9   prevention and enforcement as deemed necessary. 
 27.10     Subd. 2.  [DUTIES.] (a) The assistant commissioner shall: 
 27.11     (1) gather, develop, and make available throughout the 
 27.12  state information and educational materials on preventing and 
 27.13  reducing violence in the family and in the community, both 
 27.14  directly and by serving as a clearinghouse for information and 
 27.15  educational materials from schools, state and local agencies, 
 27.16  community service providers, and local organizations; 
 27.17     (2) foster collaboration among schools, state and local 
 27.18  agencies, community service providers, and local organizations 
 27.19  that assist in violence intervention or prevention; 
 27.20     (3) assist schools, state and local agencies, service 
 27.21  providers, and organizations, on request, with training and 
 27.22  other programs designed to educate individuals about violence 
 27.23  and reinforce values that contribute to ending violence; 
 27.24     (4) after consulting with all state agencies involved in 
 27.25  preventing or reducing violence within the family or community, 
 27.26  develop a statewide strategy for preventing and reducing 
 27.27  violence that encompasses the efforts of those agencies and 
 27.28  takes into account all money available for preventing or 
 27.29  reducing violence from any source; 
 27.30     (5) submit the strategy to the governor by January 15 of 
 27.31  each calendar year, along with a summary of activities occurring 
 27.32  during the previous year to prevent or reduce violence 
 27.33  experienced by children, young people, and their families; and 
 27.34     (6) assist appropriate professional and occupational 
 27.35  organizations, including organizations of law enforcement 
 27.36  officers, prosecutors, and educators, in developing and 
 28.1   operating informational and training programs to improve the 
 28.2   effectiveness of activities to prevent or reduce violence within 
 28.3   the family or community; and 
 28.4      (7) take other actions deemed necessary to reduce the 
 28.5   incidence of crime. 
 28.6      The commissioner also may, through this program, support 
 28.7   activities and strategies of the criminal gang council and 
 28.8   strike force as specified in sections 299A.64, 299A.65, and 
 28.9   299A.66. 
 28.10     (b) The assistant commissioner shall gather and make 
 28.11  available information on prevention and supply reduction 
 28.12  activities throughout the state, foster cooperation among 
 28.13  involved state and local agencies, and assist agencies and 
 28.14  public officials in training and other programs designed to 
 28.15  improve the effectiveness of prevention and supply reduction 
 28.16  activities. 
 28.17     (c) The assistant commissioner shall coordinate the 
 28.18  distribution of funds received by the state of Minnesota through 
 28.19  the federal Anti-Drug Abuse Act.  The assistant commissioner 
 28.20  shall recommend to the commissioner determine recipients of 
 28.21  grants under sections 119A.30 and 299A.33, after consultation 
 28.22  with the chemical abuse prevention resource council. 
 28.23     (d) The assistant commissioner shall: 
 28.24     (1) after consultation with all state agencies involved in 
 28.25  prevention or supply reduction activities, develop a state 
 28.26  chemical abuse and dependency strategy encompassing the efforts 
 28.27  of those agencies and taking into account all money available 
 28.28  for prevention and supply reduction activities, from any source; 
 28.29     (2) submit the strategy to the governor by January 15 of 
 28.30  each year, along with a summary of prevention and supply 
 28.31  reduction activities during the preceding calendar year; 
 28.32     (3) assist appropriate professional and occupational 
 28.33  organizations, including organizations of law enforcement 
 28.34  officers, prosecutors, and educators, in developing and 
 28.35  operating informational and training programs to improve the 
 28.36  effectiveness of prevention and supply reduction activities; 
 29.1      (4) provide information, including information on drug 
 29.2   trends, and assistance to state and local agencies, both 
 29.3   directly and by functioning as a clearinghouse for information 
 29.4   from other agencies; 
 29.5      (5) facilitate cooperation among drug program agencies; and 
 29.6      (6) in coordination with the chemical abuse prevention 
 29.7   resource council, review, approve, and coordinate the 
 29.8   administration of prevention, criminal justice, and treatment 
 29.9   grants. 
 29.10     Sec. 4.  Minnesota Statutes 1998, section 119A.28, 
 29.11  subdivision 2, is amended to read: 
 29.12     Subd. 2.  [SPECIFIC DUTIES AND RESPONSIBILITIES.] In 
 29.13  furtherance of the general purpose specified in subdivision 1, 
 29.14  the council shall: 
 29.15     (1) assist state agencies in the coordination of drug 
 29.16  policies and programs and in the provision of services to other 
 29.17  units of government, communities, and citizens; 
 29.18     (2) promote among state agencies policies to achieve 
 29.19  uniformity in state and federal grant programs and to streamline 
 29.20  those programs; 
 29.21     (3) oversee comprehensive data collection and research and 
 29.22  evaluation of alcohol and drug program activities; 
 29.23     (4) seek the advice and counsel of appropriate interest 
 29.24  groups and advise the assistant commissioner of the office of 
 29.25  drug policy and violence prevention public safety; 
 29.26     (5) seek additional private funding for community-based 
 29.27  programs and research and evaluation; 
 29.28     (6) evaluate whether law enforcement narcotics task forces 
 29.29  should be reduced in number and increased in geographic size, 
 29.30  and whether new sources of funding are available for the task 
 29.31  forces; 
 29.32     (7) continue to promote clarity of roles among federal, 
 29.33  state, and local law enforcement activities; and 
 29.34     (8) establish criteria to evaluate law enforcement drug 
 29.35  programs. 
 29.36     Sec. 5.  Minnesota Statutes 1998, section 119A.28, 
 30.1   subdivision 3, is amended to read: 
 30.2      Subd. 3.  [GRANT PROGRAMS.] The council shall, in 
 30.3   coordination with the assistant commissioner of the office of 
 30.4   drug policy and violence prevention, review and approve state 
 30.5   agency plans regarding the use of federal funds for programs to 
 30.6   reduce chemical abuse or reduce the supply of controlled 
 30.7   substances.  The appropriate state agencies would have 
 30.8   responsibility for management of state and federal drug grant 
 30.9   programs. 
 30.10     Sec. 6.  Minnesota Statutes 1998, section 119A.29, 
 30.11  subdivision 1, is amended to read: 
 30.12     Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
 30.13  commissioner of children, families, and learning public safety 
 30.14  may establish pilot projects at neighborhood centers serving 
 30.15  youths between the ages of 11 to 21.  The centers may offer 
 30.16  recreational activities, social services, meals, job skills and 
 30.17  career services, and provide referrals for youths to other 
 30.18  available services outside the centers.  The commissioner may 
 30.19  consult with other appropriate agencies and, to the extent 
 30.20  possible, use existing resources and staff in creating the 
 30.21  programs.  The commissioner shall ensure that the programs, if 
 30.22  offered, are adequately staffed by specially trained personnel 
 30.23  and outreach street workers.  Each center may integrate 
 30.24  community volunteers into the program's activities and services 
 30.25  and cooperate with local law enforcement agencies.  The centers 
 30.26  must be open during hours convenient to youths including 
 30.27  evenings, weekends, and extended summer hours.  However, there 
 30.28  may not be any conflicts with truancy laws.  Each center must 
 30.29  have a plan for evaluation designed to measure the program's 
 30.30  effectiveness in aiding youths. 
 30.31     Sec. 7.  Minnesota Statutes 1998, section 119A.32, is 
 30.32  amended to read: 
 30.33     119A.32 [OTHER DUTIES.] 
 30.34     The assistant commissioner assigned to the office of drug 
 30.35  policy and violence prevention of public safety, in consultation 
 30.36  with the chemical abuse and violence prevention council, shall: 
 31.1      (1) provide information and assistance upon request to 
 31.2   school preassessment teams established under section 121A.26 and 
 31.3   school and community advisory teams established under section 
 31.4   121A.27; 
 31.5      (2) provide information and assistance upon request to the 
 31.6   state board of pharmacy with respect to the board's enforcement 
 31.7   of chapter 152; 
 31.8      (3) cooperate with and provide information and assistance 
 31.9   upon request to the alcohol and other drug abuse section in the 
 31.10  department of human services; 
 31.11     (4) assist in coordinating coordinate the policy of the 
 31.12  office with that of the narcotic enforcement unit in the bureau 
 31.13  of criminal apprehension; and 
 31.14     (5) coordinate the activities of the regional drug task 
 31.15  forces, provide assistance and information to them upon request, 
 31.16  and assist in the formation of task forces in areas of the state 
 31.17  in which no task force operates. 
 31.18     Sec. 8.  Minnesota Statutes 1998, section 119A.33, is 
 31.19  amended to read: 
 31.20     119A.33 [COOPERATION OF OTHER AGENCIES.] 
 31.21     State agencies, and agencies and governing bodies of 
 31.22  political subdivisions, shall cooperate with the assistant 
 31.23  commissioner assigned to the office of drug policy commissioner 
 31.24  of public safety and shall provide any public information 
 31.25  requested by the assistant commissioner assigned to the office 
 31.26  of drug policy. 
 31.27     Sec. 9.  Minnesota Statutes 1998, section 119A.34, 
 31.28  subdivision 3, is amended to read: 
 31.29     Subd. 3.  [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant 
 31.30  commissioner of the office of drug policy public safety may 
 31.31  award a grant to a county, multicounty organization, or city, as 
 31.32  described in subdivision 1, for establishing and operating a 
 31.33  multidisciplinary chemical abuse prevention team.  The assistant 
 31.34  commissioner may approve up to five applications for grants 
 31.35  under this subdivision.  The grant funds must be used to 
 31.36  establish a multidisciplinary chemical abuse prevention team to 
 32.1   carry out the duties in subdivision 2. 
 32.2      Sec. 10.  Minnesota Statutes 1998, section 119A.34, 
 32.3   subdivision 4, is amended to read: 
 32.4      Subd. 4.  [ASSISTANT COMMISSIONER; ADMINISTRATION OF 
 32.5   GRANTS.] The assistant commissioner shall develop a process for 
 32.6   administering grants under subdivision 3.  The process must be 
 32.7   compatible with the community grant program under the Drug Free 
 32.8   Schools and Communities Act, Public Law Number 100-690.  The 
 32.9   process for administering the grants must include establishing 
 32.10  criteria the assistant commissioner shall apply in awarding 
 32.11  grants.  The assistant commissioner shall issue requests for 
 32.12  proposals for grants under subdivision 3.  The request must be 
 32.13  designed to obtain detailed information about the applicant and 
 32.14  other information the assistant commissioner considers necessary 
 32.15  to evaluate and select a grant recipient.  The applicant shall 
 32.16  submit a proposal for a grant on a form and in a manner 
 32.17  prescribed by the assistant commissioner.  The assistant 
 32.18  commissioner shall award grants under this section so that 50 
 32.19  percent of the funds appropriated for the grants go to the 
 32.20  metropolitan area comprised of Anoka, Carver, Dakota, Hennepin, 
 32.21  Ramsey, Scott, and Washington counties, and 50 percent of the 
 32.22  funds go to the area outside the metropolitan area.  The process 
 32.23  for administering the grants must also include procedures for 
 32.24  monitoring the recipients' use of grant funds and reporting 
 32.25  requirements for grant recipients. 
 32.26     Sec. 11.  Minnesota Statutes 1998, section 168A.40, 
 32.27  subdivision 2, is amended to read: 
 32.28     Subd. 2.  [PROGRAM DUTIES.] The automobile theft prevention 
 32.29  board shall: 
 32.30     (1) develop and sponsor the implementation of statewide 
 32.31  plans, programs, and strategies to combat automobile theft, 
 32.32  improve the administration of the automobile theft laws, and 
 32.33  provide a forum for identification of critical problems for 
 32.34  those persons dealing with automobile theft; 
 32.35     (2) coordinate the development, adoption, and 
 32.36  implementation of plans, programs, and strategies relating to 
 33.1   interagency and intergovernmental cooperation with respect to 
 33.2   automobile theft enforcement; 
 33.3      (3) audit at its own discretion the plans and programs that 
 33.4   it has funded in whole or in part to evaluate the effectiveness 
 33.5   of the plans and programs and withdraw funding should the board 
 33.6   determine that a plan or program is ineffective or is no longer 
 33.7   in need of further financial support from the fund; 
 33.8      (4) develop a plan of operation including an assessment of 
 33.9   the scope of the problem of automobile theft, including areas of 
 33.10  the state where the problem is greatest; an analysis of various 
 33.11  methods of combating the problem of automobile theft; a plan for 
 33.12  providing financial support to combat automobile theft; a plan 
 33.13  for eliminating car hijacking; and an estimate of the funds 
 33.14  required to implement the plan; and 
 33.15     (5) distribute money from the automobile theft prevention 
 33.16  special revenue account for automobile theft prevention 
 33.17  activities, including: 
 33.18     (i) paying the administrative costs of the board; 
 33.19     (ii) providing financial support to the state patrol and 
 33.20  local law enforcement agencies for automobile theft enforcement 
 33.21  teams; 
 33.22     (iii) providing financial support to state or local law 
 33.23  enforcement agencies for programs designed to reduce the 
 33.24  incidence of automobile theft and for improved equipment and 
 33.25  techniques for responding to automobile thefts; 
 33.26     (iv) providing financial support to local prosecutors for 
 33.27  programs designed to reduce the incidence of automobile theft; 
 33.28     (v) providing financial support to judicial agencies for 
 33.29  programs designed to reduce the incidence of automobile theft; 
 33.30     (vi) providing financial support for neighborhood or 
 33.31  community organizations or business organizations for programs 
 33.32  designed to reduce the incidence of automobile theft; 
 33.33     (vii) providing financial support for automobile theft 
 33.34  educational and training programs for state and local law 
 33.35  enforcement officials, driver and vehicle services exam and 
 33.36  inspections staff, and members of the judiciary; and 
 34.1      (viii) conducting educational programs designed to inform 
 34.2   automobile owners of methods of preventing automobile theft and 
 34.3   to provide equipment, for experimental purposes, to enable 
 34.4   automobile owners to prevent automobile theft. 
 34.5      By January 15 of each year, the board shall report to the 
 34.6   governor and legislature on its activities and expenditures in 
 34.7   the preceding year. 
 34.8      Sec. 12.  [299A.015] [TRANSFER FROM OTHER AGENCY; CHILDREN, 
 34.9   FAMILIES, AND LEARNING.] 
 34.10     The powers and duties of the department of children, 
 34.11  families, and learning with respect to the office of drug policy 
 34.12  and violence prevention and community advisory violence 
 34.13  prevention council under Minnesota Statutes 1998, sections 
 34.14  119A.25, 119A.26, 119A.27, 119A.28, 119A.29, 119A.32, 119A.33, 
 34.15  and 119A.34, are transferred to the department of public safety 
 34.16  under Minnesota Statutes, section 15.039. 
 34.17     Sec. 13.  [299A.67] [DEMONSTRATION GRANT PROGRAM.] 
 34.18     Subdivision 1.  [ESTABLISHMENT.] A demonstration grant 
 34.19  program is established under the commissioner of public safety 
 34.20  to assist the city of Minneapolis or Hennepin county to 
 34.21  implement a coordinated criminal justice system response to the 
 34.22  CODEFOR (Computer Optimized Development-Focus On Results) law 
 34.23  enforcement strategy.  The commissioner shall act as the fiscal 
 34.24  agent for the grant program and shall be responsible for 
 34.25  receiving applications for grants and awarding grants under this 
 34.26  section. 
 34.27     Subd. 2.  [APPLICATION FOR GRANT.] The city of Minneapolis, 
 34.28  Hennepin county, or the state board of public defense may apply 
 34.29  for a grant under this section by submitting an application to 
 34.30  the commissioner on a form prescribed by the commissioner.  The 
 34.31  applicant must: 
 34.32     (1) identify the increased need for human and other 
 34.33  resources needed by the city or the county to implement its 
 34.34  response to the CODEFOR strategy; 
 34.35     (2) describe the amount of funding needed to meet the 
 34.36  projected increase in workloads under CODEFOR; and 
 35.1      (3) include the city or county plan for use of the grant 
 35.2   funds. 
 35.3      Sec. 14.  Minnesota Statutes 1998, section 299C.063, 
 35.4   subdivision 2, is amended to read: 
 35.5      Subd. 2.  [EXPENSE REIMBURSEMENT.] The commissioner may 
 35.6   reimburse bomb disposal units for reasonable expenses incurred 
 35.7   to dispose of or neutralize bombs or other similar hazardous 
 35.8   explosives for their employer-municipality or for another 
 35.9   municipality outside the jurisdiction of the 
 35.10  employer-municipality but within the state.  Reimbursement is 
 35.11  limited to the extent of appropriated funds. 
 35.12     Sec. 15.  Minnesota Statutes 1998, section 299C.65, 
 35.13  subdivision 2, is amended to read: 
 35.14     Subd. 2.  [REPORT, TASK FORCE.] The policy group shall file 
 35.15  an annual report with the governor, supreme court, and 
 35.16  legislature by December 1 of each even-numbered year.  
 35.17     The report must make recommendations concerning any 
 35.18  legislative changes or appropriations that are needed to ensure 
 35.19  that the criminal justice information systems operate accurately 
 35.20  and efficiently.  To assist them in developing their 
 35.21  recommendations, the chair, the commissioners, and the 
 35.22  administrator shall appoint a task force consisting of the 
 35.23  members of the criminal and juvenile justice information policy 
 35.24  group or their designees and the following additional members:  
 35.25     (1) the director of the office of strategic and long-range 
 35.26  planning; 
 35.27     (2) two sheriffs recommended by the Minnesota sheriffs 
 35.28  association; 
 35.29     (3) two police chiefs recommended by the Minnesota chiefs 
 35.30  of police association; 
 35.31     (4) two county attorneys recommended by the Minnesota 
 35.32  county attorneys association; 
 35.33     (5) two city attorneys recommended by the Minnesota league 
 35.34  of cities; 
 35.35     (6) two public defenders appointed by the board of public 
 35.36  defense; 
 36.1      (7) two district judges appointed by the conference of 
 36.2   chief judges, one of whom is currently assigned to the juvenile 
 36.3   court; 
 36.4      (8) two community corrections administrators recommended by 
 36.5   the Minnesota association of counties, one of whom represents a 
 36.6   community corrections act county; 
 36.7      (9) two probation officers; 
 36.8      (10) two four public members, one of whom has been a victim 
 36.9   of crime, and two who are representatives of the private 
 36.10  business community who have expertise in integrated information 
 36.11  systems; 
 36.12     (11) two court administrators; 
 36.13     (12) two members of the house of representatives appointed 
 36.14  by the speaker of the house; and 
 36.15     (13) two members of the senate appointed by the majority 
 36.16  leader.; 
 36.17     (14) the attorney general or a designee; and 
 36.18     (15) the commissioner of administration or a designee. 
 36.19  In making these appointments, the appointing authority shall 
 36.20  select members with expertise in integrated data systems or best 
 36.21  practices.  
 36.22     Sec. 16.  Minnesota Statutes 1998, section 299C.65, 
 36.23  subdivision 5, is amended to read: 
 36.24     Subd. 5.  [REVIEW OF FUNDING REQUEST AND GRANT 
 36.25  REQUESTS.] (a) The criminal and juvenile justice information 
 36.26  policy group shall review the funding requests for criminal 
 36.27  justice information systems from state, county, and municipal 
 36.28  government agencies.  The policy group shall review the requests 
 36.29  for compatibility to statewide criminal justice information 
 36.30  systems.  The review shall be forwarded to the chairs of the 
 36.31  house judiciary committee and judiciary finance division, and 
 36.32  the chairs of the senate crime prevention committee and crime 
 36.33  prevention and judiciary finance division. 
 36.34     (b) The policy group shall also review funding requests for 
 36.35  criminal justice information systems grants to be made by the 
 36.36  commissioner of public safety as provided in this section.  
 37.1   Within the limits of available appropriations, the commissioner 
 37.2   of public safety shall make grants for projects that have been 
 37.3   approved by the policy group. 
 37.4      (c) If a funding request is for development of a 
 37.5   comprehensive criminal justice information integration plan, the 
 37.6   policy group shall ensure that the request contains the 
 37.7   components specified in subdivision 6.  If a funding request is 
 37.8   for implementation of a plan or other criminal justice 
 37.9   information systems project, the policy group shall ensure that: 
 37.10     (1) the government agency has adopted a comprehensive plan 
 37.11  that complies with subdivision 6; 
 37.12     (2) the request contains the components specified in 
 37.13  subdivision 7; and 
 37.14     (3) the request demonstrates that it is consistent with the 
 37.15  government agency's comprehensive plan. 
 37.16     Sec. 17.  Minnesota Statutes 1998, section 299C.65, is 
 37.17  amended by adding a subdivision to read: 
 37.18     Subd. 6.  [DEVELOPMENT OF INTEGRATION PLAN.] (a) If a 
 37.19  funding request is for funds to develop a comprehensive criminal 
 37.20  justice information integration plan to integrate all systems 
 37.21  within a jurisdiction, the requesting agency must submit to the 
 37.22  policy group a request that contains the following components: 
 37.23     (1) the vision, mission, goals, objectives, and scope of 
 37.24  the integration plan; 
 37.25     (2) a statement of need identifying problems, 
 37.26  inefficiencies, gaps, overlaps, and barriers within the 
 37.27  requesting agency's jurisdiction, including those related to 
 37.28  current systems and interfaces, business practices, policies, 
 37.29  laws, and rules; 
 37.30     (3) a list of agency heads and staff who will direct the 
 37.31  effort and a statement demonstrating collaboration among all of 
 37.32  the agencies involved; 
 37.33     (4) a statement of how the integration plan would integrate 
 37.34  all systems within the six major business functions of the 
 37.35  criminal justice community, including incident reporting, 
 37.36  investigation, arrest, detention, adjudication, and disposition, 
 38.1   including postsentence supervision and treatment, and related 
 38.2   civil, family, and human services proceedings, processes, and 
 38.3   services; 
 38.4      (5) a statement demonstrating that the requesting agency 
 38.5   has consulted with individuals involved in day-to-day business 
 38.6   practices, use, and operation of current criminal justice 
 38.7   information systems so as to identify barriers and gaps; 
 38.8      (6) a planning methodology that results in at least the 
 38.9   following deliverables: 
 38.10     (i) proposed adjustments to the state's criminal justice 
 38.11  data model, including data policy problems and proposed changes; 
 38.12     (ii) a function and process model that includes business 
 38.13  process improvement and redesign opportunities, prioritized 
 38.14  business change objectives, and short-term opportunities for 
 38.15  improvement that can be pursued immediately while developing and 
 38.16  implementing the long-range integration plan; 
 38.17     (iii) a technology model that includes network, 
 38.18  communication, and security standards and guidelines; 
 38.19     (iv) an application architecture; 
 38.20     (v) a complete gap analysis that includes identification of 
 38.21  gaps, omissions, and redundancies in the collection and 
 38.22  dissemination of criminal justice information in the requesting 
 38.23  agency's jurisdiction; 
 38.24     (vi) an assessment of current and alternative directions 
 38.25  for business practices, applications, and technology, ranging 
 38.26  from simple modifications to complete redesign; 
 38.27     (vii) a business process redesign model, showing existing 
 38.28  and redesigned process and process vision, future performance 
 38.29  targets, design principles, new process flow, and benefits; and 
 38.30     (viii) a long-range integration plan that includes time 
 38.31  frames for the retirement, renewal, or redevelopment of systems 
 38.32  and applications identified in clauses (i) to (vii) along with 
 38.33  justification based on age, business processes not supported, 
 38.34  and data deficiencies; 
 38.35     (7) projected timelines for developing and implementing the 
 38.36  plan; 
 39.1      (8) a preliminary evaluation and discussion of candidate 
 39.2   solutions and outcomes; 
 39.3      (9) an estimate of the resources needed to develop, 
 39.4   implement, operate, and maintain the integration plan and 
 39.5   resulting systems, including, but not limited to, financial, 
 39.6   personnel, technology, and training resources; 
 39.7      (10) a statement that the final integration plan will 
 39.8   contain all the components in this subdivision in final form 
 39.9   rather than as estimates or projections; 
 39.10     (11) an identification of how the applicant will satisfy 
 39.11  the match requirements of subdivision 8; and 
 39.12     (12) any other matters the policy group deems necessary for 
 39.13  successful development or implementation of the integration plan 
 39.14  and resulting systems. 
 39.15     (b) An agency may submit an interim integration plan to the 
 39.16  policy group if it identifies high priority integration tasks 
 39.17  during the development of the integration plan.  The interim 
 39.18  plan shall identify the tasks and the business case for 
 39.19  completing these tasks in advance of completing the entire plan. 
 39.20     Sec. 18.  Minnesota Statutes 1998, section 299C.65, is 
 39.21  amended by adding a subdivision to read: 
 39.22     Subd. 7.  [IMPLEMENTATION OF INTEGRATION PLAN.] If the 
 39.23  request is for funds to implement an integration plan, the 
 39.24  requesting agency must submit the following to the policy group: 
 39.25     (1) an integration plan containing the components described 
 39.26  in subdivision 6; 
 39.27     (2) a description of how implementation of the integration 
 39.28  plan will improve operation of the criminal justice system in 
 39.29  the requesting agency's jurisdiction; 
 39.30     (3) an identification of how the applicant will satisfy the 
 39.31  match requirement in subdivision 8; and 
 39.32     (4) a means for evaluating outcomes of the plan's 
 39.33  implementation. 
 39.34     Sec. 19.  Minnesota Statutes 1998, section 299C.65, is 
 39.35  amended by adding a subdivision to read: 
 39.36     Subd. 8.  [LOCAL MATCH.] The policy group may approve 
 40.1   grants only if the applicant provides matching funds to pay 
 40.2   one-half of the costs of developing or implementing the 
 40.3   integration plan.  The policy group shall adopt policies 
 40.4   concerning the use of in-kind resources to satisfy a portion of 
 40.5   the match requirement and the sources from which matching funds 
 40.6   may be obtained. 
 40.7      Sec. 20.  Minnesota Statutes 1998, section 299C.65, is 
 40.8   amended by adding a subdivision to read: 
 40.9      Subd. 9.  [DOCUMENTATION AND REPORTING REQUIREMENTS.] Every 
 40.10  recipient of matching funds to develop or implement an 
 40.11  integration plan shall submit to the policy group all requested 
 40.12  documentation, including final plans and a report evaluating 
 40.13  whether and how the development or implementation of the 
 40.14  integration plan improved the operation of the criminal justice 
 40.15  system in the requesting agency's jurisdiction.  The policy 
 40.16  group shall establish the recipient's reporting dates at the 
 40.17  time funds are awarded.  
 40.18     Sec. 21.  [477A.055] [CRIMINAL JUSTICE INFORMATION SYSTEM 
 40.19  IMPROVEMENT AID.] 
 40.20     Criminal justice system improvement aid is intended to 
 40.21  provide for increased efficiency in the criminal justice system 
 40.22  by encouraging the development of integrated criminal justice 
 40.23  information systems.  The commissioner of public safety shall 
 40.24  make grants for projects approved by the criminal and juvenile 
 40.25  justice information policy group as provided in section 299C.65. 
 40.26     Sec. 22.  Minnesota Statutes 1998, section 626.5532, is 
 40.27  amended to read: 
 40.28     626.5532 [PURSUIT OF FLEEING SUSPECTS BY PEACE OFFICERS; 
 40.29  REPORTS.] 
 40.30     Subdivision 1.  [REPORTS.] If a peace officer pursues a 
 40.31  fleeing suspect, the officer's department head must file a 
 40.32  notice of the incident with the commissioner of public safety 
 40.33  within 30 days following the pursuit.  A pursuit must be 
 40.34  reported under this section if it is a pursuit by a peace 
 40.35  officer of a motor vehicle being operated in violation of 
 40.36  section 609.487.  The notice must contain information concerning 
 41.1   the reason for and circumstances surrounding the pursuit, 
 41.2   including the alleged offense, the length of the pursuit in 
 41.3   distance and time, the outcome of the pursuit, any charges filed 
 41.4   against the suspect as a result of the pursuit, injuries and 
 41.5   property damage resulting from the pursuit, and other 
 41.6   information deemed relevant by the commissioner.  
 41.7      Subd. 2.  [LOCAL GOVERNMENTS TO ADOPT PROCEDURES AND 
 41.8   TRAINING REQUIREMENTS.] Each political subdivision and state law 
 41.9   enforcement agency that employs persons licensed by the peace 
 41.10  officer standards and training board under section 626.845 must 
 41.11  establish written procedures to govern the conduct of peace 
 41.12  officers who are in pursuit of a vehicle being operated in 
 41.13  violation of section 609.487, and requirements for the training 
 41.14  of peace officers in conducting pursuits.  The procedures must 
 41.15  state how peace officers will provide assistance to a person 
 41.16  injured during the course of a pursuit.  A political subdivision 
 41.17  or agency that does not establish procedures and requirements by 
 41.18  October 1, 1989, is subject to licensing sanctions of the peace 
 41.19  officer standards and training board. 
 41.20     Sec. 23.  Minnesota Statutes 1998, section 626.845, 
 41.21  subdivision 1, is amended to read: 
 41.22     Subdivision 1.  [POWERS AND DUTIES.] The board shall have 
 41.23  the following powers and duties: 
 41.24     (a) To certify peace officers' training schools or programs 
 41.25  administered by state, county and municipalities located within 
 41.26  this state in whole or in part no later than 90 days after 
 41.27  receipt of an application for certification.  The reasons for 
 41.28  noncertification of any school or program or part thereof shall 
 41.29  be transmitted to the school within 90 days and shall contain a 
 41.30  detailed explanation of the reasons for which the school or 
 41.31  program was disapproved and an explanation of what supporting 
 41.32  material or other requirements are necessary for the board to 
 41.33  reconsider.  Disapproval of a school or program shall not 
 41.34  preclude the reapplication for certification of the school or 
 41.35  program; 
 41.36     (b) To issue certificates to schools, and to revoke such 
 42.1   certification when necessary to maintain the objectives and 
 42.2   purposes of sections 626.841 to 626.863; 
 42.3      (c) To certify, as qualified, instructors at peace officer 
 42.4   training schools, and to issue appropriate certificates to such 
 42.5   instructors; 
 42.6      (d) To license peace officers who have satisfactorily 
 42.7   completed certified basic training programs, and passed 
 42.8   examinations as required by the board; 
 42.9      (e) To cause studies and surveys to be made relating to the 
 42.10  establishment, operation, and approval of state, county, and 
 42.11  municipal peace officer training schools; 
 42.12     (f) To consult and cooperate with state, county, and 
 42.13  municipal peace officer training schools for the development of 
 42.14  in-service training programs for peace officers; 
 42.15     (g) To consult and cooperate with universities, colleges, 
 42.16  and technical colleges for the development of specialized 
 42.17  courses of instruction and study in the state for peace officers 
 42.18  and part-time peace officers in police science and police 
 42.19  administration; 
 42.20     (h) To consult and cooperate with other departments and 
 42.21  agencies of the state and federal government concerned with 
 42.22  peace officer standards and training; 
 42.23     (i) To perform such other acts as may be necessary and 
 42.24  appropriate to carry out the powers and duties as set forth in 
 42.25  the provisions of sections 626.841 to 626.863; 
 42.26     (j) To coordinate the provision, on a regional basis, of 
 42.27  skills oriented basic training courses to graduates of certified 
 42.28  law enforcement training schools or programs; 
 42.29     (k) To obtain criminal conviction data for persons seeking 
 42.30  a license to be issued or possessing a license issued by the 
 42.31  board.  The board shall have authority to obtain criminal 
 42.32  conviction data to the full extent that any other law 
 42.33  enforcement agency, as that term is defined by state or federal 
 42.34  law, has to obtain the data; 
 42.35     (l) To prepare and transmit annually to the governor a 
 42.36  report of its activities with respect to allocation of moneys 
 43.1   appropriated to it for peace officers training, including the 
 43.2   name and address of each recipient of money for that purpose, 
 43.3   the amount awarded, and the purpose of the award; and 
 43.4      (m) To assist and cooperate with any political subdivision 
 43.5   or state law enforcement agency which employs persons licensed 
 43.6   by the board to establish written procedures for the 
 43.7   investigation and resolution of allegations of misconduct of 
 43.8   persons licensed by the board, and to enforce licensing 
 43.9   sanctions for failure to implement such procedures; and 
 43.10     (n) To assist and cooperate with political subdivisions and 
 43.11  state law enforcement agencies that employ persons licensed by 
 43.12  the board in establishing written procedures to govern the 
 43.13  conduct of peace officers who are in pursuit of a vehicle in 
 43.14  violation of section 609.487, and requirements for the training 
 43.15  of peace officers in conducting pursuits.  The board may impose 
 43.16  licensing sanctions for failure to establish pursuit procedures 
 43.17  and training requirements by October 1, 1989.  
 43.18     In addition, the board may maintain data received from law 
 43.19  enforcement agencies under section 626.87, subdivision 5, 
 43.20  provide the data to requesting law enforcement agencies who are 
 43.21  conducting background investigations, and maintain data on 
 43.22  applicants and licensees as part of peace officer license data.  
 43.23  The data that may be maintained include the name of the law 
 43.24  enforcement agency conducting the investigation and data on the 
 43.25  candidate provided under section 626.87, subdivision 5, clauses 
 43.26  (1) and (2). 
 43.27     Sec. 24.  [626.8458] [VEHICLE PURSUITS; POLICIES AND 
 43.28  INSTRUCTION REQUIRED.] 
 43.29     Subdivision 1.  [PURPOSE.] The legislature finds that 
 43.30  emergency vehicle operations are an integral part of law 
 43.31  enforcement's commitment to public safety.  Law enforcement 
 43.32  agencies shall make reasonable efforts to guide their officers 
 43.33  in the safe and responsible performance of their emergency 
 43.34  response duties.  Although laws and rules provide the foundation 
 43.35  for the conduct of law enforcement officers, continuous and 
 43.36  effective training is essential to ensure proper law enforcement 
 44.1   action during emergency vehicle operations, including police 
 44.2   pursuits.  This training must be designed to give officers both 
 44.3   skills and decision-making ability so that emergency vehicle 
 44.4   operations can be resolved safely and successfully. 
 44.5      Subd. 2.  [STATEWIDE MODEL POLICY.] (a) By July 1, 1999, 
 44.6   the board shall adopt a new or revised model policy governing 
 44.7   the conduct of peace officers who are in pursuit of a vehicle 
 44.8   being operated in violation of section 609.487.  In order to 
 44.9   assist peace officers in responding to the complex and 
 44.10  unpredictable factors associated with police pursuits, the model 
 44.11  policy shall, at a minimum, contain the following components: 
 44.12     (1) a statement describing the philosophy of the model 
 44.13  policy.  This philosophy must state that the safety of all 
 44.14  persons involved in or by a police pursuit is of primary 
 44.15  importance.  It also must balance the risks of the pursuit to 
 44.16  the public and peace officers with the consequences of failing 
 44.17  to pursue; 
 44.18     (2) the factors to be considered in initiating and 
 44.19  terminating a pursuit, and the standards for evaluating the need 
 44.20  to initiate or terminate a pursuit; 
 44.21     (3) the procedures, tactics, and technologies used during 
 44.22  pursuits; 
 44.23     (4) the various responsibilities of the pursuing officers, 
 44.24  the officer supervising the pursuit, the dispatcher, and air 
 44.25  support; 
 44.26     (5) the procedures governing interjurisdictional pursuits; 
 44.27     (6) the procedures governing care of any persons injured in 
 44.28  the course of the pursuit; 
 44.29     (7) the contents of pursuit reports filed under section 
 44.30  626.5532; and 
 44.31     (8) the procedures used to evaluate each pursuit. 
 44.32     (b) The board shall review and, as necessary, revise the 
 44.33  model pursuit policy in collaboration with the Minnesota chiefs 
 44.34  of police association, the Minnesota sheriffs association, the 
 44.35  Minnesota police and peace officers association, a 
 44.36  representative from the state patrol, and other interested law 
 45.1   enforcement industry groups. 
 45.2      Subd. 3.  [AGENCY POLICIES REQUIRED.] (a) The chief law 
 45.3   enforcement officer of every state and local law enforcement 
 45.4   agency must establish and enforce a written policy governing the 
 45.5   conduct of peace officers employed by the agency who are in 
 45.6   pursuit of a vehicle being operated in violation of section 
 45.7   609.487.  The policy must, at a minimum, comply with the 
 45.8   requirements of any new or revised model pursuit policy adopted 
 45.9   by the board under subdivision 2 and must take into account any 
 45.10  pursuit vehicle technology that is available to the agency. 
 45.11     (b) Every state and local law enforcement agency must 
 45.12  certify annually to the board that it has adopted a written 
 45.13  policy in compliance with the board's model pursuit policy. 
 45.14     (c) The board shall assist the chief law enforcement 
 45.15  officer of each state and local law enforcement agency in 
 45.16  developing and implementing pursuit policies under this 
 45.17  subdivision. 
 45.18     Subd. 4.  [PRESERVICE TRAINING IN POLICE PURSUITS 
 45.19  REQUIRED.] (a) The board shall prepare learning objectives for 
 45.20  instructing peace officers in emergency vehicle operations and 
 45.21  in the conduct of police pursuits.  The course shall consist of 
 45.22  at least seven hours of classroom and skills-based training. 
 45.23     (b) An individual is not eligible to take the peace officer 
 45.24  licensing examination on or after July 1, 2000, unless the 
 45.25  individual has received the training described in paragraph (a). 
 45.26     Subd. 5.  [IN-SERVICE TRAINING IN POLICE PURSUITS 
 45.27  REQUIRED.] The chief law enforcement officer of every state and 
 45.28  local law enforcement agency shall provide in-service training 
 45.29  in emergency vehicle operations and in the conduct of police 
 45.30  pursuits to every peace officer and part-time peace officer 
 45.31  employed by the agency.  The training shall comply with learning 
 45.32  objectives developed and approved by the board and shall consist 
 45.33  of at least eight hours of classroom and skills-based training 
 45.34  every two years. 
 45.35     Subd. 6.  [LICENSING SANCTIONS; INJUNCTIVE RELIEF.] The 
 45.36  board may impose licensing sanctions and seek injunctive relief 
 46.1   under section 214.11 for failure to comply with the requirements 
 46.2   of this section. 
 46.3      Sec. 25.  [INSTRUCTION TO REVISOR.] 
 46.4      The revisor of statutes shall renumber each section of 
 46.5   Minnesota Statutes listed in column A with the number listed in 
 46.6   column B.  The revisor shall also make necessary cross-reference 
 46.7   changes consistent with the renumbering. 
 46.8              Column A               Column B
 46.9              119A.25                299A.281
 46.10             119A.26                299A.282
 46.11             119A.27                299A.283
 46.12             119A.28                299A.284
 46.13             119A.29                299A.285
 46.14             119A.32                299A.287
 46.15             119A.33                299A.288
 46.16             119A.34                299A.289
 46.17     Sec. 26.  [REPEALER.] 
 46.18     Minnesota Statutes 1998, section 119A.04, subdivision 5, is 
 46.19  repealed. 
 46.20                             ARTICLE 4
 46.21                            CORRECTIONS
 46.22     Section 1.  [241.272] [FEE COLLECTION.] 
 46.23     Subdivision 1.  [DEFINITION.] (a) As used in this section, 
 46.24  the following terms have the meanings given them: 
 46.25     (b) "Correctional fees" include fees for the following 
 46.26  correctional services: 
 46.27     (1) community service work placement and supervision; 
 46.28     (2) restitution collection; 
 46.29     (3) supervision; 
 46.30     (4) court-ordered investigations; or 
 46.31     (5) any other service provided by a probation officer or 
 46.32  parole agency for offenders supervised by the commissioner of 
 46.33  corrections. 
 46.34     (c) "Probation" has the meaning given in section 609.02, 
 46.35  subdivision 15. 
 46.36     (d) "Supervised release" has the meaning given in section 
 47.1   244.01, subdivision 7. 
 47.2      Subd. 2.  [CORRECTIONAL FEES ESTABLISHED.] To defray costs 
 47.3   associated with correctional services, the commissioner of 
 47.4   corrections may establish a schedule of correctional fees to 
 47.5   charge persons convicted of a crime and supervised by the 
 47.6   commissioner.  The correctional fees on the schedule must be 
 47.7   reasonably related to offenders' abilities to pay and the actual 
 47.8   cost of correctional services. 
 47.9      Subd. 3.  [FEE COLLECTION.] (a) The commissioner of 
 47.10  corrections may impose and collect fees from individuals on 
 47.11  probation and supervised release at any time while the offender 
 47.12  is under sentence or after the sentence has been discharged. 
 47.13     (b) The commissioner may use any available civil means of 
 47.14  debt collection in collecting a correctional fee. 
 47.15     Subd. 4.  [EXEMPTION FROM FEE.] The commissioner of 
 47.16  corrections may waive payment of the fee if the commissioner 
 47.17  determines that the offender does not have the ability to pay 
 47.18  the fee, the prospects for payment are poor, or there are 
 47.19  extenuating circumstances justifying waiver of the fee.  Instead 
 47.20  of waiving the fee, the commissioner may require the offender to 
 47.21  perform community work service as a means of paying the fee. 
 47.22     Subd. 5.  [RESTITUTION PAYMENT PRIORITY.] If an offender 
 47.23  has been ordered by a court to pay restitution, the offender 
 47.24  shall be obligated to pay the restitution ordered before paying 
 47.25  the correctional fee.  However, if the offender is making 
 47.26  reasonable payments to satisfy the restitution obligation, the 
 47.27  commissioner may also collect a correctional fee. 
 47.28     Subd. 6.  [USE OF FEES.] Correctional fees collected under 
 47.29  this section go to the general fund. 
 47.30     Sec. 2.  Minnesota Statutes 1998, section 241.275, 
 47.31  subdivision 1, is amended to read: 
 47.32     Subdivision 1.  [PROGRAM ESTABLISHMENT.] (a) As used in 
 47.33  this section, "correctional facility" includes a community-based 
 47.34  day program to in which an adult or juvenile offender is 
 47.35  sentenced in lieu of incarceration placed as part of a sentence 
 47.36  or disposition order, if the program provides close supervision 
 48.1   of offenders through such means as electronic monitoring and 
 48.2   drug and alcohol testing. 
 48.3      (b) The All counties of Hennepin, Ramsey, and St. Louis 
 48.4   shall each are encouraged to establish a productive day 
 48.5   initiative program in their correctional facilities as described 
 48.6   in this section for adult and juvenile offenders under their 
 48.7   jurisdiction.  The productive day program shall be designed to 
 48.8   motivate sentenced offenders in local correctional 
 48.9   facilities offenders to develop basic life and work skills 
 48.10  through training and education, thereby creating opportunities 
 48.11  for offenders to achieve more successful integration into the 
 48.12  community upon their release.  
 48.13     Sec. 3.  Minnesota Statutes 1998, section 241.275, 
 48.14  subdivision 2, is amended to read: 
 48.15     Subd. 2.  [PROGRAM COMPONENTS.] The productive day 
 48.16  initiative programs shall may include, but are not limited to, 
 48.17  components described in paragraphs (a) to (c).  
 48.18     (a) The initiative programs shall may contain programs 
 48.19  designed to promote the offender's self-esteem, self-discipline, 
 48.20  and economic self-sufficiency by providing structured training 
 48.21  and education with respect to basic life skills, including 
 48.22  hygiene, personal financial budgeting, literacy, and conflict 
 48.23  management. 
 48.24     (b) The programs shall may contain individualized 
 48.25  educational, vocational, and work programs designed to 
 48.26  productively occupy an offender for at least eight hours a day.  
 48.27     (c) The program administrators shall may develop 
 48.28  correctional industry programs, including marketing efforts to 
 48.29  attract work opportunities both inside correctional facilities 
 48.30  and outside in the community.  Program options may include 
 48.31  expanding and reorganizing on-site industry programs, locating 
 48.32  off-site industry work areas, community service work programs, 
 48.33  and employment programs.  To develop innovative work programs, 
 48.34  program administrators may enlist members of the business and 
 48.35  labor community to help target possible productive enterprises 
 48.36  for offender work programs. 
 49.1      (d) Whenever offenders are assigned to work within the 
 49.2   correctional facility or with any state department or agency, 
 49.3   local unit of government, or other government subdivision, the 
 49.4   program administrator must certify to the appropriate bargaining 
 49.5   agent that work performed by offenders will not result in the 
 49.6   displacement of current employed workers or workers on seasonal 
 49.7   layoff or layoff from a substantially equivalent position, 
 49.8   including partial displacement such as reduction in hours of 
 49.9   work other than overtime work, wages, or other employment 
 49.10  benefits. 
 49.11     Sec. 4.  Minnesota Statutes 1998, section 242.192, is 
 49.12  amended to read: 
 49.13     242.192 [CHARGES TO COUNTIES.] 
 49.14     The commissioner shall charge counties or other appropriate 
 49.15  jurisdictions for the actual per diem cost of confinement, 
 49.16  excluding educational costs, of juveniles at the Minnesota 
 49.17  correctional facility-Red Wing and of juvenile females committed 
 49.18  to the commissioner of corrections.  This charge applies to both 
 49.19  counties that participate in the Community Corrections Act and 
 49.20  those that do not.  The commissioner shall annually determine 
 49.21  costs, making necessary adjustments to reflect the actual costs 
 49.22  of confinement.  All money received under this section must be 
 49.23  deposited in the state treasury and credited to the general fund.
 49.24     Sec. 5.  [243.95] [MINNESOTA CORRECTIONAL FACILITY-RUSH 
 49.25  CITY.] 
 49.26     There is established the Minnesota correctional 
 49.27  facility-Rush City at Rush City, Minnesota, in which may be 
 49.28  placed persons committed to the commissioner of corrections by 
 49.29  the courts of this state who, in the opinion of the 
 49.30  commissioner, may benefit from the programs available in the 
 49.31  facility.  The general control and management of the facility 
 49.32  shall be under the commissioner of corrections. 
 49.33     Sec. 6.  Minnesota Statutes 1998, section 244.18, 
 49.34  subdivision 3, is amended to read: 
 49.35     Subd. 3.  [FEE COLLECTION.] The chief executive officer of 
 49.36  a local correctional agency may collect local correctional fees 
 50.1   assessed under section 609.102.  The local correctional agency 
 50.2   may collect the fee at any time while the offender is under 
 50.3   sentence or after the sentence has been discharged.  A local 
 50.4   probation and parole agency established under section 244.19 or 
 50.5   community corrections agency established under section 401.02 
 50.6   may not impose a fee under this section if the offender is 
 50.7   supervised by the commissioner of corrections and the 
 50.8   commissioner of corrections imposes and collects a fee under 
 50.9   section 241.272.  The agency may use any available civil means 
 50.10  of debt collection in collecting a local correctional fee. 
 50.11     Sec. 7.  Minnesota Statutes 1998, section 609.102, is 
 50.12  amended by adding a subdivision to read: 
 50.13     Subd. 2a.  [IMPOSITION OF CORRECTIONAL FEE.] When a person 
 50.14  convicted of a crime is supervised by the commissioner of 
 50.15  corrections, the commissioner may collect a correctional fee 
 50.16  under section 241.672. 
 50.17     Sec. 8.  [CAMP RIPLEY WORK PROGRAM; CLOSURE.] 
 50.18     By June 30, 1999, all offenders sentenced to the Camp 
 50.19  Ripley work program under Minnesota Statutes, section 609.113, 
 50.20  must be transferred back to the sentencing county to complete 
 50.21  their sentences in a local facility. 
 50.22     Sec. 9.  [REPEALER.] 
 50.23     Minnesota Statutes 1998, sections 241.275, subdivision 5; 
 50.24  241.277; 241.41; 241.42; 241.43; 241.44; 241.441; 241.45; and 
 50.25  609.113, are repealed. 
 50.26     Sec. 10.  [EFFECTIVE DATE.] 
 50.27     Sections 1 to 9 are effective July 1, 1999. 
 50.28                             ARTICLE 5 
 50.29                       CRIME VICTIM SERVICES 
 50.30     Section 1.  Minnesota Statutes 1998, section 611A.77, is 
 50.31  amended to read: 
 50.32     611A.77 [MEDIATION PROGRAMS FOR CRIME VICTIMS AND 
 50.33  OFFENDERS.] 
 50.34     Subdivision 1.  [GRANTS.] The state court administrator 
 50.35  executive director of the center for crime victim services shall 
 50.36  award grants to nonprofit organizations to create or expand 
 51.1   mediation programs for crime victims and offenders.  For 
 51.2   purposes of this section, "offender" means an adult charged with 
 51.3   a nonviolent crime or a juvenile who has been referred to a 
 51.4   mediation program before or after a petition for delinquency has 
 51.5   been filed in connection with a nonviolent offense, and 
 51.6   "nonviolent crime" and "nonviolent offense" exclude any offense 
 51.7   in which the victim is a family or household member, as defined 
 51.8   in section 518B.01, subdivision 2. 
 51.9      Subd. 2.  [PROGRAMS.] The state court administrator 
 51.10  executive director of the center for crime victim services shall 
 51.11  award grants to further the following goals: 
 51.12     (1) to expand existing mediation programs for crime victims 
 51.13  and juvenile offenders to also include adult offenders; 
 51.14     (2) to initiate victim-offender mediation programs in areas 
 51.15  that have no victim-offender mediation programs; 
 51.16     (3) to expand the opportunities for crime victims to be 
 51.17  involved in the criminal justice process; 
 51.18     (4) to evaluate the effectiveness of victim-offender 
 51.19  mediation programs in reducing recidivism and encouraging the 
 51.20  payment of court-ordered restitution; and 
 51.21     (5) to evaluate the satisfaction of victims who participate 
 51.22  in the mediation programs. 
 51.23     Subd. 3.  [MEDIATOR QUALIFICATIONS.] The state court 
 51.24  administrator executive director of the center for crime victim 
 51.25  services shall establish criteria to ensure that mediators 
 51.26  participating in the program are qualified. 
 51.27     Subd. 4.  [MATCH REQUIRED.] A nonprofit organization may 
 51.28  not receive a grant under this section unless the group has 
 51.29  raised a matching amount from other sources. 
 51.30     Sec. 2.  Laws 1997, chapter 85, article 3, section 53, is 
 51.31  amended to read: 
 51.32     Sec. 53.  [TRANSFER OF RESPONSIBILITIES FOR PROVIDING 
 51.33  SECURE CRISIS SHELTER.] 
 51.34     In state fiscal year 2000 2001, all the powers, duties, and 
 51.35  functions of the commissioner of human services relating to the 
 51.36  operation and funding of shelters for battered women are 
 52.1   transferred to the commissioner of corrections director of the 
 52.2   Minnesota center for crime victim services in accordance with 
 52.3   Minnesota Statutes, section 15.039, subdivision 7. 
 52.4      No payments by the general assistance program under 
 52.5   Minnesota Statutes 1998, section 256D.05, subdivision 3 or 3a, 
 52.6   will be made after June 30, 2000. 
 52.7      Sec. 3.  [RESIDENTIAL PROGRAMS FOR WOMEN LEAVING 
 52.8   PROSTITUTION; GRANT.] 
 52.9      Subdivision 1.  [GRANT AUTHORIZED.] The executive director 
 52.10  of the center for crime victim services shall award a grant to a 
 52.11  nonprofit organization to develop and administer a residential 
 52.12  program for women leaving prostitution.  The executive director 
 52.13  shall award a grant to a nonprofit organization that can 
 52.14  demonstrate a 25 percent funding match.  The funding match may 
 52.15  come from local or federal sources, the nonprofit organization, 
 52.16  or any other source.  Residential program services include, but 
 52.17  are not limited to, chemical dependency services, sexual trauma 
 52.18  mental health services, and independent living skills 
 52.19  preparation, including living skills development and 
 52.20  coordination of community resources for personal and family 
 52.21  stability and success. 
 52.22     Subd. 2.  [GRANT ADMINISTRATION.] The executive director 
 52.23  shall develop a process for administering the grant, including 
 52.24  criteria for the grant.  The executive director shall issue a 
 52.25  request for proposals for a grant under subdivision 1.  The 
 52.26  request must be designed to obtain detailed information about 
 52.27  the applicant and other information the executive director 
 52.28  considers necessary to evaluate and select a grant recipient.  
 52.29  The applicant shall submit a proposal grant on a form and in a 
 52.30  manner prescribed by the executive director. 
 52.31     Sec. 4.  [PILOT PROJECT GRANT PROGRAM TO PROVIDE SERVICES 
 52.32  TO CRIME VICTIMS AND WITNESSES.] 
 52.33     Subdivision 1.  [PROGRAM ESTABLISHED.] The executive 
 52.34  director of the center for crime victim services shall 
 52.35  administer a pilot project grant program and make grants to 
 52.36  nonprofit organizations to provide neighborhood-based services 
 53.1   to victims and witnesses of crime during the period between the 
 53.2   occurrence of the crime and the filing of charges against the 
 53.3   alleged perpetrator.  Grant recipients must target victims and 
 53.4   witnesses of crime from groups that currently underreport crime, 
 53.5   including recent immigrants or refugees, communities of color, 
 53.6   and victims of bias-motivated crime.  Services must be provided 
 53.7   in locations and at times typically convenient to prospective 
 53.8   clients.  The types of services that may be offered by grant 
 53.9   recipients are those that attempt to address the lack of trust 
 53.10  and understanding that prospective clients have of the criminal 
 53.11  justice system and include legal advice and advocacy services.  
 53.12  The executive director shall ensure that grants under this 
 53.13  section fund pilot projects offering the described services in 
 53.14  at least five locations throughout the state. 
 53.15     Subd. 2.  [REQUIRED REPORT.] By January 15, 2002, the 
 53.16  executive director shall report to the chairs and ranking 
 53.17  minority members of the senate and house committees and 
 53.18  divisions having jurisdiction over criminal justice funding on 
 53.19  the grants made and pilot projects funded under this section. 
 53.20     Sec. 5.  [REPEALER.] 
 53.21     Minnesota Statutes 1998, section 256D.05, subdivisions 3 
 53.22  and 3a, are repealed. 
 53.23     Sec. 6.  [EFFECTIVE DATE.] 
 53.24     Section 5 is effective July 1, 2000. 
 53.25                             ARTICLE 6
 53.26                         COURTS PROVISIONS
 53.27     Section 1.  Minnesota Statutes 1998, section 2.722, 
 53.28  subdivision 1, is amended to read: 
 53.29     Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
 53.30  state is divided into ten judicial districts composed of the 
 53.31  following named counties, respectively, in each of which 
 53.32  districts judges shall be chosen as hereinafter specified: 
 53.33     1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
 53.34  Sibley; 28 31 judges; and four permanent chambers shall be 
 53.35  maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
 53.36  other shall be maintained at the place designated by the chief 
 54.1   judge of the district; 
 54.2      2.  Ramsey; 24 26 judges; 
 54.3      3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
 54.4   Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent 
 54.5   chambers shall be maintained in Faribault, Albert Lea, Austin, 
 54.6   Rochester, and Winona; 
 54.7      4.  Hennepin; 57 58 judges; 
 54.8      5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
 54.9   Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
 54.10  Martin, and Jackson; 17 16 judges; and permanent chambers shall 
 54.11  be maintained in Marshall, Windom, Fairmont, New Ulm, and 
 54.12  Mankato; 
 54.13     6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
 54.14     7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
 54.15  Stearns, Todd, Clay, Becker, and Wadena; 22 23 judges; and 
 54.16  permanent chambers shall be maintained in Moorhead, Fergus 
 54.17  Falls, Little Falls, and St. Cloud; 
 54.18     8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
 54.19  Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
 54.20  Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
 54.21  maintained in Morris, Montevideo, and Willmar; 
 54.22     9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
 54.23  Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
 54.24  Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
 54.25  20 21 judges; and permanent chambers shall be maintained in 
 54.26  Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
 54.27  and International Falls; and 
 54.28     10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
 54.29  Chisago, and Washington; 35 37 judges; and permanent chambers 
 54.30  shall be maintained in Anoka, Stillwater, and other places 
 54.31  designated by the chief judge of the district. 
 54.32     Sec. 2.  Minnesota Statutes 1998, section 43A.02, 
 54.33  subdivision 25, is amended to read: 
 54.34     Subd. 25.  [JUDICIAL BRANCH.] "Judicial branch" means all 
 54.35  judges of the appellate courts, all employees of the appellate 
 54.36  courts, including commissions, boards, and committees 
 55.1   established by the supreme court, the board of law examiners, 
 55.2   the law library, the office of the state public defender, 
 55.3   district public defenders and their employees, all judges of all 
 55.4   courts of law, district court referees, judicial officers, court 
 55.5   reporters, law clerks, district administration employees under 
 55.6   section 484.68, court administrator or employee of the court and 
 55.7   guardian ad litem program employees in the eighth a judicial 
 55.8   district under section 480.181, subdivision 1, paragraph (b), 
 55.9   guardian ad litem program employees, and other agencies placed 
 55.10  in the judicial branch by law.  Judicial branch does not include 
 55.11  district administration or public defenders or their employees 
 55.12  in the second and fourth judicial districts, court 
 55.13  administrators not under section 480.181, subdivision 1, 
 55.14  paragraph (b), or their staff under chapter 485, guardians ad 
 55.15  litem, or other employees within the court system whose salaries 
 55.16  are paid by the county, other than employees who remain on the 
 55.17  county payroll under section 480.181, subdivision 2.  
 55.18     Sec. 3.  Minnesota Statutes 1998, section 43A.24, 
 55.19  subdivision 2, is amended to read: 
 55.20     Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
 55.21  are eligible for state paid life insurance and hospital, 
 55.22  medical, and dental benefits as determined in applicable 
 55.23  collective bargaining agreements or by the commissioner or by 
 55.24  plans pursuant to section 43A.18, subdivision 6, or by the board 
 55.25  of regents for employees of the University of Minnesota not 
 55.26  covered by collective bargaining agreements.  Coverages made 
 55.27  available, including optional coverages, are as contained in the 
 55.28  plan established pursuant to section 43A.18, subdivision 2: 
 55.29     (a) a member of the state legislature, provided that 
 55.30  changes in benefits resulting in increased costs to the state 
 55.31  shall not be effective until expiration of the term of the 
 55.32  members of the existing house of representatives.  An eligible 
 55.33  member of the state legislature may decline to be enrolled for 
 55.34  state paid coverages by filing a written waiver with the 
 55.35  commissioner.  The waiver shall not prohibit the member from 
 55.36  enrolling the member or dependents for optional coverages, 
 56.1   without cost to the state, as provided for in section 43A.26.  A 
 56.2   member of the state legislature who returns from a leave of 
 56.3   absence to a position previously occupied in the civil service 
 56.4   shall be eligible to receive the life insurance and hospital, 
 56.5   medical, and dental benefits to which the position is entitled; 
 56.6      (b) a permanent employee of the legislature or a permanent 
 56.7   employee of a permanent study or interim committee or commission 
 56.8   or a state employee on leave of absence to work for the 
 56.9   legislature, during a regular or special legislative session; 
 56.10     (c) a judge of the appellate courts or an officer or 
 56.11  employee of these courts; a judge of the district court, a judge 
 56.12  of county court, or a judge of county municipal court; a 
 56.13  district court referee, judicial officer, court reporter, or law 
 56.14  clerk; a district administrator; an employee of the office of 
 56.15  the district administrator that is not in the second or fourth 
 56.16  judicial district; a court administrator or employee of the 
 56.17  court administrator in the eighth a judicial district under 
 56.18  section 480.181, subdivision 1, paragraph (b), and a guardian ad 
 56.19  litem program administrator in the eighth judicial 
 56.20  district employee; 
 56.21     (d) a salaried employee of the public employees retirement 
 56.22  association; 
 56.23     (e) a full-time military or civilian officer or employee in 
 56.24  the unclassified service of the department of military affairs 
 56.25  whose salary is paid from state funds; 
 56.26     (f) a salaried employee of the Minnesota historical 
 56.27  society, whether paid from state funds or otherwise, who is not 
 56.28  a member of the governing board; 
 56.29     (g) an employee of the regents of the University of 
 56.30  Minnesota; 
 56.31     (h) notwithstanding section 43A.27, subdivision 3, an 
 56.32  employee of the state of Minnesota or the regents of the 
 56.33  University of Minnesota who is at least 60 and not yet 65 years 
 56.34  of age on July 1, 1982, who is otherwise eligible for employee 
 56.35  and dependent insurance and benefits pursuant to section 43A.18 
 56.36  or other law, who has at least 20 years of service and retires, 
 57.1   earlier than required, within 60 days of March 23, 1982; or an 
 57.2   employee who is at least 60 and not yet 65 years of age on July 
 57.3   1, 1982, who has at least 20 years of state service and retires, 
 57.4   earlier than required, from employment at Rochester state 
 57.5   hospital after July 1, 1981; or an employee who is at least 55 
 57.6   and not yet 65 years of age on July 1, 1982, and is covered by 
 57.7   the Minnesota state retirement system correctional employee 
 57.8   retirement plan or the state patrol retirement fund, who has at 
 57.9   least 20 years of state service and retires, earlier than 
 57.10  required, within 60 days of March 23, 1982.  For purposes of 
 57.11  this clause, a person retires when the person terminates active 
 57.12  employment in state or University of Minnesota service and 
 57.13  applies for a retirement annuity.  Eligibility shall cease when 
 57.14  the retired employee attains the age of 65, or when the employee 
 57.15  chooses not to receive the annuity that the employee has applied 
 57.16  for.  The retired employee shall be eligible for coverages to 
 57.17  which the employee was entitled at the time of retirement, 
 57.18  subject to any changes in coverage through collective bargaining 
 57.19  or plans established pursuant to section 43A.18, for employees 
 57.20  in positions equivalent to that from which retired, provided 
 57.21  that the retired employee shall not be eligible for state-paid 
 57.22  life insurance.  Coverages shall be coordinated with relevant 
 57.23  health insurance benefits provided through the federally 
 57.24  sponsored Medicare program; 
 57.25     (i) an employee of an agency of the state of Minnesota 
 57.26  identified through the process provided in this paragraph who is 
 57.27  eligible to retire prior to age 65.  The commissioner and the 
 57.28  exclusive representative of state employees shall enter into 
 57.29  agreements under section 179A.22 to identify employees whose 
 57.30  positions are in programs that are being permanently eliminated 
 57.31  or reduced due to federal or state policies or practices.  
 57.32  Failure to reach agreement identifying these employees is not 
 57.33  subject to impasse procedures provided in chapter 179A.  The 
 57.34  commissioner must prepare a plan identifying eligible employees 
 57.35  not covered by a collective bargaining agreement in accordance 
 57.36  with the process outlined in section 43A.18, subdivisions 2 and 
 58.1   3.  For purposes of this paragraph, a person retires when the 
 58.2   person terminates active employment in state service and applies 
 58.3   for a retirement annuity.  Eligibility ends as provided in the 
 58.4   agreement or plan, but must cease at the end of the month in 
 58.5   which the retired employee chooses not to receive an annuity, or 
 58.6   the employee is eligible for employer-paid health insurance from 
 58.7   a new employer.  The retired employees shall be eligible for 
 58.8   coverages to which they were entitled at the time of retirement, 
 58.9   subject to any changes in coverage through collective bargaining 
 58.10  or plans established under section 43A.18 for employees in 
 58.11  positions equivalent to that from which they retired, provided 
 58.12  that the retired employees shall not be eligible for state-paid 
 58.13  life insurance; 
 58.14     (j) employees of the state public defender's office, and 
 58.15  district public defenders and their employees other than in the 
 58.16  second and fourth judicial districts state board of public 
 58.17  defense, with eligibility determined by the state board of 
 58.18  public defense in consultation with the commissioner of employee 
 58.19  relations; and 
 58.20     (k) employees of the health data institute under section 
 58.21  62J.451, subdivision 12, as paid for by the health data 
 58.22  institute. 
 58.23     Sec. 4.  Minnesota Statutes 1998, section 243.50, is 
 58.24  amended to read: 
 58.25     243.50 [PAYMENT OF COURT REPORTER.] 
 58.26     Such transcripts and tapes shall be furnished by the court 
 58.27  reporter who shall be paid therefor by the county state courts, 
 58.28  on certificates duly certified to by the judge presiding at the 
 58.29  sentence, and filed with the county auditor, the same fee per 
 58.30  folio provided by statute for transcripts of testimony furnished 
 58.31  to parties ordering the same in civil proceedings and for tapes 
 58.32  on a costs basis.  
 58.33     Sec. 5.  Minnesota Statutes 1998, section 253B.23, 
 58.34  subdivision 1, is amended to read: 
 58.35     Subdivision 1.  [COSTS OF HEARINGS.] (a) In each proceeding 
 58.36  under this chapter the court shall allow and order paid to each 
 59.1   witness subpoenaed the fees and mileage prescribed by law; to 
 59.2   each examiner a reasonable sum for services and for travel; to 
 59.3   persons conveying the patient to the place of detention, 
 59.4   disbursements for the travel, board, and lodging of the patient 
 59.5   and of themselves and their authorized assistants; and to the 
 59.6   patient's counsel, when appointed by the court, a reasonable sum 
 59.7   for travel and for the time spent in court or in preparing for 
 59.8   the hearing.  Upon the court's order, the county auditor shall 
 59.9   issue a warrant on the county treasurer for payment of the 
 59.10  amounts allowed, excluding the costs of the examiner, which must 
 59.11  be paid by the state courts.  
 59.12     (b) Whenever venue of a proceeding has been transferred 
 59.13  under this chapter, the costs of the proceedings shall be 
 59.14  reimbursed to the county where the proceedings were conducted by 
 59.15  the county of the patient's residence. 
 59.16     Sec. 6.  Minnesota Statutes 1998, section 253B.23, 
 59.17  subdivision 8, is amended to read: 
 59.18     Subd. 8.  [TRANSCRIPTS.] For purposes of taking an appeal 
 59.19  or petition for habeas corpus or for a judicial determination of 
 59.20  mental competency or need for commitment, transcripts of 
 59.21  commitment proceedings, or portions of them, shall be made 
 59.22  available to the parties upon written application to the court. 
 59.23  Upon a showing by a party that the party is unable to pay the 
 59.24  cost of a transcript, it shall be made available at no expense 
 59.25  to the party.  The state courts shall pay the cost of the 
 59.26  transcript. 
 59.27     Sec. 7.  Minnesota Statutes 1998, section 257.69, 
 59.28  subdivision 2, is amended to read: 
 59.29     Subd. 2.  [GUARDIAN; LEGAL FEES.] (a) The court may order 
 59.30  expert witness and guardian ad litem fees and other costs of the 
 59.31  trial and pretrial proceedings, including appropriate tests, to 
 59.32  be paid by the parties in proportions and at times determined by 
 59.33  the court.  The court shall require a party to pay part of the 
 59.34  fees of court-appointed counsel according to the party's ability 
 59.35  to pay, but if counsel has been appointed the appropriate agency 
 59.36  shall pay the party's proportion of all other fees and costs.  
 60.1   The agency responsible for child support enforcement shall pay 
 60.2   the fees and costs for blood or genetic tests in a proceeding in 
 60.3   which it is a party, is the real party in interest, or is acting 
 60.4   on behalf of the child.  However, at the close of a proceeding 
 60.5   in which paternity has been established under sections 257.51 to 
 60.6   257.74, the court shall order the adjudicated father to 
 60.7   reimburse the public agency, if the court finds he has 
 60.8   sufficient resources to pay the costs of the blood or genetic 
 60.9   tests.  When a party bringing an action is represented by the 
 60.10  county attorney, no filing fee shall be paid to the court 
 60.11  administrator. 
 60.12     (b) In each fiscal year, the state treasurer shall deposit 
 60.13  guardian ad litem reimbursements in the general fund and credit 
 60.14  them to a separate account with the trial courts.  The balance 
 60.15  of this account is appropriated to the trial courts and does not 
 60.16  cancel but is available until expended.  Expenditures by the 
 60.17  state court administrator's office from this account must be 
 60.18  based on the amount of the guardian ad litem reimbursements 
 60.19  received by the state from the courts in each judicial district. 
 60.20     Sec. 8.  Minnesota Statutes 1998, section 260.251, 
 60.21  subdivision 2, is amended to read: 
 60.22     Subd. 2.  [COURT EXPENSES.] The following expenses are a 
 60.23  charge upon the county in which proceedings are held upon 
 60.24  certification of the judge of juvenile court or upon such other 
 60.25  authorization provided by law: 
 60.26     (a) The fees and mileage of witnesses, and the expenses and 
 60.27  mileage of officers serving notices and subpoenas ordered by the 
 60.28  court, as prescribed by law. 
 60.29     (b) The expenses for travel and board of the juvenile court 
 60.30  judge when holding court in places other than the county seat. 
 60.31     (c) The expense of transporting a child to a place 
 60.32  designated by a child-placing agency for the care of the child 
 60.33  if the court transfers legal custody to a child-placing agency.  
 60.34     (d) (c) The expense of transporting a minor to a place 
 60.35  designated by the court.  
 60.36     (e) (d) Reasonable compensation for an attorney appointed 
 61.1   by the court to serve as counsel or guardian ad litem. 
 61.2      The state courts shall pay for guardian ad litem expenses. 
 61.3      Sec. 9.  Minnesota Statutes 1998, section 260.251, 
 61.4   subdivision 5, is amended to read: 
 61.5      Subd. 5.  [GUARDIAN AD LITEM FEES.] (a) In proceedings in 
 61.6   which the court appoints a guardian ad litem pursuant to section 
 61.7   260.155, subdivision 4, clause (a), the court may inquire into 
 61.8   the ability of the parents to pay for the guardian ad litem's 
 61.9   services and, after giving the parents a reasonable opportunity 
 61.10  to be heard, may order the parents to pay guardian fees. 
 61.11     (b) In each fiscal year, the state treasurer shall deposit 
 61.12  guardian ad litem reimbursements in the general fund and credit 
 61.13  them to a separate account with the trial courts.  The balance 
 61.14  of this account is appropriated to the trial courts and does not 
 61.15  cancel but is available until expended.  Expenditures by the 
 61.16  state court administrator's office from this account must be 
 61.17  based on the amount of the guardian ad litem reimbursements 
 61.18  received by the state from the courts in each judicial district. 
 61.19     Sec. 10.  Minnesota Statutes 1998, section 260.56, is 
 61.20  amended to read: 
 61.21     260.56 [COUNSEL OR GUARDIAN AD LITEM FOR JUVENILE, FEES.] 
 61.22     Any judge of this state who appoints counsel or a guardian 
 61.23  ad litem pursuant to the provisions of the Interstate Compact on 
 61.24  Juveniles may allow a reasonable fee to be paid by the county on 
 61.25  order of the court.  The costs of the counsel must be paid by 
 61.26  the county and the cost of the guardian ad litem, if any, must 
 61.27  be paid by the state courts.  
 61.28     Sec. 11.  Minnesota Statutes 1998, section 466.01, 
 61.29  subdivision 6, is amended to read: 
 61.30     Subd. 6.  [EMPLOYEE, OFFICER, OR AGENT.] For the purposes 
 61.31  of sections 466.01 to 466.15, "employee," "officer," or "agent" 
 61.32  means a present or former employee, officer, or agent of a 
 61.33  municipality, or other person acting on behalf of the 
 61.34  municipality in an official capacity, temporarily or 
 61.35  permanently, with or without compensation, but does not include 
 61.36  an independent contractor other than a nonprofit firefighting 
 62.1   corporation that has associated with it a relief association as 
 62.2   defined in section 424A.001, subdivision 4.  "Employee" includes 
 62.3   court administrators who are not under section 480.181, 
 62.4   subdivision 1, paragraph (b), and their staff under chapter 485, 
 62.5   district administration staff in the second and fourth judicial 
 62.6   districts, guardians ad litem, and other employees within the 
 62.7   court system whose salaries are paid by the county, other than 
 62.8   employees who remain on the county payroll under section 
 62.9   480.181, subdivision 2. 
 62.10     Sec. 12.  [480.175] [QUALIFIED COURT INTERPRETERS.] 
 62.11     Subdivision 1.  [ESTABLISHMENT.] The supreme court, through 
 62.12  the office of the state court administrator, shall establish a 
 62.13  program for training, testing, registering, and certifying 
 62.14  qualified court interpreters. 
 62.15     Subd. 2.  [FEES.] The supreme court may adopt rules to 
 62.16  assess fees for training, testing, registering, and certifying 
 62.17  court interpreters.  Any fees imposed and collected shall be 
 62.18  deposited with the state treasurer and shall constitute a 
 62.19  special fund in the state treasury.  The money in this fund 
 62.20  shall not cancel back to the general fund and is appropriated 
 62.21  annually to the supreme court for the cost of training, testing, 
 62.22  certifying, and registering court interpreters. 
 62.23     Sec. 13.  Minnesota Statutes 1998, section 480.181, 
 62.24  subdivision 1, is amended to read: 
 62.25     Subdivision 1.  [STATE EMPLOYEES; COMPENSATION.] (a) 
 62.26  District court referees, judicial officers, court reporters, law 
 62.27  clerks, and district administration staff, other than district 
 62.28  administration staff in the second and fourth judicial 
 62.29  districts, guardian ad litem program coordinators and staff, and 
 62.30  other court employees under paragraph (b), are state employees 
 62.31  and are governed by the judicial branch personnel rules adopted 
 62.32  by the supreme court.  The supreme court, in consultation with 
 62.33  the conference of chief judges, shall establish the salary range 
 62.34  of these employees under the judicial branch personnel rules.  
 62.35  In establishing the salary ranges, the supreme court shall 
 62.36  consider differences in the cost of living in different areas of 
 63.1   the state. 
 63.2      (b) The court administrator and employees of the court 
 63.3   administrator who are in the fifth, seventh, eighth, or ninth 
 63.4   judicial district are state employees. 
 63.5      Sec. 14.  [480.182] [STATE ASSUMPTION OF CERTAIN COURT 
 63.6   COSTS.] 
 63.7      Notwithstanding any law to the contrary, the state courts 
 63.8   will pay for the following court-related programs and costs: 
 63.9      (1) court interpreter program costs; 
 63.10     (2) guardian ad litem program and personnel costs; 
 63.11     (3) examination costs, not including hospitalization or 
 63.12  treatment costs, for mental commitments and related proceedings 
 63.13  under chapter 253B; 
 63.14     (4) examination costs under rule 20 of the Rules of 
 63.15  Criminal Procedure; 
 63.16     (5) in forma pauperis costs; 
 63.17     (6) costs for transcripts mandated by statute, except in 
 63.18  appeal cases and postconviction cases handled by the board of 
 63.19  public defense; and 
 63.20     (7) jury program costs, not including personnel. 
 63.21     Sec. 15.  Minnesota Statutes 1998, section 484.013, 
 63.22  subdivision 1, is amended to read: 
 63.23     Subdivision 1.  [ESTABLISHMENT.] (a) A program is 
 63.24  established in the second and fourth judicial districts to 
 63.25  consolidate the hearing and determination of matters related to 
 63.26  residential rental housing and to ensure continuity and 
 63.27  consistency in the disposition of cases. 
 63.28     (b) Outside the second and fourth judicial districts, a 
 63.29  district court may establish the program described in paragraph 
 63.30  (a) in counties that it specifies in the district. 
 63.31     Sec. 16.  Minnesota Statutes 1998, section 484.013, 
 63.32  subdivision 2, is amended to read: 
 63.33     Subd. 2.  [JURISDICTION.] The housing calendar program may 
 63.34  consolidate the hearing and determination of all proceedings 
 63.35  under chapters 504 and 566; criminal and civil proceedings 
 63.36  related to violations of any state, county or city health, 
 64.1   safety, housing, building, fire prevention or housing 
 64.2   maintenance code; escrow of rent proceedings; landlord-tenant 
 64.3   damage actions; and actions for rent and rent abatement.  A 
 64.4   proceeding under sections 566.01 to 566.17 may not be delayed 
 64.5   because of the consolidation of matters under the housing 
 64.6   calendar program.  
 64.7      The program must provide for the consolidation of 
 64.8   landlord-tenant damage actions and actions for rent at the 
 64.9   request of either party. 
 64.10     Sec. 17.  Minnesota Statutes 1998, section 484.64, 
 64.11  subdivision 3, is amended to read: 
 64.12     Subd. 3.  [CHAMBERS AND SUPPLIES.] The board of county 
 64.13  commissioners of Ramsey county shall provide suitable chambers 
 64.14  and courtroom space, clerks, bailiffs, and other personnel to 
 64.15  assist said judge, together with necessary library, supplies, 
 64.16  stationery and other expenses necessary thereto.  The state 
 64.17  shall provide referees, court reporters, and law clerks, and 
 64.18  guardian ad litem program coordinators and staff.  
 64.19     Sec. 18.  Minnesota Statutes 1998, section 484.65, 
 64.20  subdivision 3, is amended to read: 
 64.21     Subd. 3.  [SPACE; PERSONNEL; SUPPLIES.] The board of county 
 64.22  commissioners of Hennepin county shall provide suitable chambers 
 64.23  and courtroom space, clerks, bailiffs, and other personnel to 
 64.24  assist said judge, together with necessary library, supplies, 
 64.25  stationery and other expenses necessary thereto.  The state 
 64.26  shall provide referees, court reporters, and law clerks, and 
 64.27  guardian ad litem program coordinators and staff. 
 64.28     Sec. 19.  Minnesota Statutes 1998, section 485.018, 
 64.29  subdivision 2, is amended to read: 
 64.30     Subd. 2.  [SET BY BOARD.] Except in counties in a judicial 
 64.31  district under section 480.181, subdivision 1, paragraph (b), 
 64.32  the county board of each of the counties specified in 
 64.33  subdivision 1 annually shall set by resolution the salary of the 
 64.34  court administrator of district court which shall be paid to the 
 64.35  court administrator of district court at such intervals as the 
 64.36  board shall determine but not less often than once each month.  
 65.1   At the January meeting the board shall set by resolution the 
 65.2   minimum salary to be paid the court administrator of district 
 65.3   court for the term next following.  In the event a vacancy 
 65.4   occurs in the office of the court administrator of district 
 65.5   court the board may set the annual salary for the remainder of 
 65.6   the calendar year at an amount less than was set for that year.  
 65.7   The board in any case specified in this subdivision may not set 
 65.8   the annual salary at an amount less than the minimums provided 
 65.9   in subdivision 1 but it may set the salary in excess of such 
 65.10  minimums.  The salary of the court administrator of district 
 65.11  court shall not be reduced during the term for which the court 
 65.12  administrator is appointed. 
 65.13     In the event that duties are assigned to the court 
 65.14  administrator of district court which are in addition to the 
 65.15  court administrator's duties as court administrator, additional 
 65.16  compensation may be provided for the additional duties.  The 
 65.17  county board by resolution shall determine the additional 
 65.18  compensation which shall be paid and specify the duties for 
 65.19  which the additional compensation is to be paid. 
 65.20     Sec. 20.  Minnesota Statutes 1998, section 485.018, 
 65.21  subdivision 6, is amended to read: 
 65.22     Subd. 6.  [BUDGET FOR OFFICE.] Except in counties in a 
 65.23  judicial district under section 480.181, subdivision 1, 
 65.24  paragraph (b), the county board by resolution shall provide the 
 65.25  budget for (1) the salaries of deputies, court administrators 
 65.26  and other employees in the office of the court administrator of 
 65.27  district court; (2) other expenses necessary in the performance 
 65.28  of the duties of said office and (3) the payment of premiums of 
 65.29  any bonds required of the court administrator of district court 
 65.30  or any deputy, court administrator or employee in said office 
 65.31  and the board is authorized to appropriate funds therefor and 
 65.32  for the salary of the court administrator of district court. 
 65.33     Sec. 21.  Minnesota Statutes 1998, section 485.03, is 
 65.34  amended to read: 
 65.35     485.03 [DEPUTIES.] 
 65.36     (a) The county board shall determine the number of 
 66.1   permanent full time deputies, clerks and other employees in the 
 66.2   office of the court administrator of district court and shall 
 66.3   fix the compensation for each position.  The county board shall 
 66.4   also budget for temporary deputies and other employees and shall 
 66.5   fix their rates of compensation.  This paragraph does not apply 
 66.6   to a county in a judicial district under section 480.181, 
 66.7   subdivision 1, paragraph (b). 
 66.8      (b) The court administrator shall appoint in writing the 
 66.9   deputies and other employees, for whose acts the court 
 66.10  administrator shall be responsible, and whom the court 
 66.11  administrator may remove at pleasure.  Before each enters upon 
 66.12  official duties, the appointment and oath of each shall be filed 
 66.13  with the county recorder. 
 66.14     Sec. 22.  Minnesota Statutes 1998, section 485.27, is 
 66.15  amended to read: 
 66.16     485.27 [DUTIES; ASSIGNMENT.] 
 66.17     The court administrator, with approval of the county board 
 66.18  of commissioners, may transfer to the county board of 
 66.19  commissioners duties of the court administrator relating to 
 66.20  vital statistics under sections 144.211 to 144.227, to notaries 
 66.21  public under section 359.061, to hospital liens under sections 
 66.22  514.69 and 514.70, and to marriage licenses under chapter 517.  
 66.23  The county board of commissioners shall assign these duties to 
 66.24  the appropriate county department.  In the event of full state 
 66.25  funding of all the court administrator's offices in the state a 
 66.26  judicial district, the functions shall become county 
 66.27  functions in that judicial district. 
 66.28     Sec. 23.  Minnesota Statutes 1998, section 487.10, 
 66.29  subdivision 4, is amended to read: 
 66.30     Subd. 4.  Except in a county in a judicial district under 
 66.31  section 480.181, subdivision 1, paragraph (b), the county board 
 66.32  shall determine the number of permanent full time deputies, 
 66.33  clerks and other employees in the office of the clerk of county 
 66.34  court and shall fix the compensation for each position.  The 
 66.35  county board shall also budget for temporary deputies and other 
 66.36  employees and shall fix their rates of compensation.  The clerk 
 67.1   shall appoint in writing the deputies and other employees for 
 67.2   whose acts the clerk shall be responsible, and whom the clerk 
 67.3   may remove at pleasure.  Before entering upon official duties, 
 67.4   the appointment and oath of each such employee shall be filed 
 67.5   with the county recorder. 
 67.6      Sec. 24.  Minnesota Statutes 1998, section 518.165, 
 67.7   subdivision 3, is amended to read: 
 67.8      Subd. 3.  [FEES.] (a) A guardian ad litem appointed under 
 67.9   either subdivision 1 or 2 may be appointed either as a volunteer 
 67.10  or on a fee basis.  If a guardian ad litem is appointed on a fee 
 67.11  basis, the court shall enter an order for costs, fees, and 
 67.12  disbursements in favor of the child's guardian ad litem.  The 
 67.13  order may be made against either or both parties, except that 
 67.14  any part of the costs, fees, or disbursements which the court 
 67.15  finds the parties are incapable of paying shall be borne by the 
 67.16  county in which the proceeding is being held.  In no event may 
 67.17  the court order that costs, fees, or disbursements be paid by a 
 67.18  party receiving public assistance or legal assistance or by a 
 67.19  party whose annual income falls below the poverty line as 
 67.20  established under United States Code, title 42, section 9902(2). 
 67.21     (b) In each fiscal year, the state treasurer shall deposit 
 67.22  guardian ad litem reimbursements in the general fund and credit 
 67.23  them to a separate account with the trial courts.  The balance 
 67.24  of this account is appropriated to the trial courts and does not 
 67.25  cancel but is available until expended.  Expenditures by the 
 67.26  state court administrator's office from this account must be 
 67.27  based on the amount of the guardian ad litem reimbursements 
 67.28  received by the state from the courts in each judicial district. 
 67.29     Sec. 25.  Minnesota Statutes 1998, section 546.13, is 
 67.30  amended to read: 
 67.31     546.13 [SICKNESS OF JUROR; FOOD AND LODGING.] 
 67.32     If a juror becomes sick or otherwise unable to perform 
 67.33  duty, the court may discharge the juror.  In that case, unless 
 67.34  the parties consent to accept the verdict of the remaining 
 67.35  jurors, another may be sworn in place of the discharged juror 
 67.36  and the trial begun anew, or the jury may be discharged and 
 68.1   another then or afterward impaneled.  If the court, while a jury 
 68.2   is kept together, shall order that they be provided with food 
 68.3   and lodging, the sheriff shall furnish the same at the expense 
 68.4   of the county state courts.  
 68.5      Sec. 26.  Minnesota Statutes 1998, section 546.44, 
 68.6   subdivision 3, is amended to read: 
 68.7      Subd. 3.  The fees and expenses of a qualified interpreter 
 68.8   shall be determined by the presiding official and paid by the 
 68.9   court, board, commission, agency or licensing authority before 
 68.10  whom the proceeding is taking place.  The fees and expenses of a 
 68.11  qualified per diem interpreter for a court must be paid by the 
 68.12  state courts.  
 68.13     Sec. 27.  Minnesota Statutes 1998, section 563.01, 
 68.14  subdivision 2, is amended to read: 
 68.15     Subd. 2.  Whenever pursuant to this section the court 
 68.16  directs expenses to be paid, the expenses shall be paid by the 
 68.17  proper governing body in the same manner as other claims are 
 68.18  paid state.  
 68.19     Sec. 28.  Minnesota Statutes 1998, section 563.01, 
 68.20  subdivision 9, is amended to read: 
 68.21     Subd. 9.  Upon motion, the court may rescind its permission 
 68.22  to proceed in forma pauperis if it finds the allegations of 
 68.23  poverty contained in the affidavit are untrue, or if, following 
 68.24  commencement of the action, the party becomes able to pay the 
 68.25  fees, costs and security for the costs.  In such cases, the 
 68.26  court may direct the party to pay to the court administrator any 
 68.27  costs allowing the action to proceed.  The court administrator 
 68.28  shall transmit the costs to the state treasurer for deposit in 
 68.29  the state treasury and credit them to the general fund.  
 68.30     Sec. 29.  Minnesota Statutes 1998, section 563.01, 
 68.31  subdivision 10, is amended to read: 
 68.32     Subd. 10.  Judgment may be rendered for costs at the 
 68.33  conclusion of the action as in other cases.  In the event any 
 68.34  person recovers moneys by either settlement or judgment as a 
 68.35  result of commencing or defending an action in forma pauperis, 
 68.36  the costs deferred and the expenses directed by the court to be 
 69.1   paid under this section shall be included in such moneys and 
 69.2   shall be paid directly to the court administrator by the 
 69.3   opposing party.  The court administrator shall transmit the 
 69.4   costs to the state treasurer for deposit in the state treasury 
 69.5   and credit them to the general fund. 
 69.6      Sec. 30.  Minnesota Statutes 1998, section 611.33, 
 69.7   subdivision 3, is amended to read: 
 69.8      Subd. 3.  The fees and expenses of a qualified interpreter 
 69.9   shall be fixed and ordered paid by the presiding official before 
 69.10  whom the proceeding is taking place out of the general revenue 
 69.11  fund of the county in which the proceeding occurs.  The fees and 
 69.12  expenses must be paid by the state courts.  Payment for any 
 69.13  activities requiring interpreter services on behalf of law 
 69.14  enforcement, the board of public defense, prosecutors, or 
 69.15  corrections agents other than court appearances shall be the 
 69.16  responsibility of the agency which requested the services. 
 69.17     Sec. 31.  [STUDY OF SYSTEM FOR FUNDING AND ADMINISTRATION 
 69.18  OF COURT-APPOINTED ATTORNEYS.] 
 69.19     Subdivision 1.  [TASK FORCE; GOALS.] The supreme court is 
 69.20  requested to establish a task force to study and make 
 69.21  recommendations regarding a system for funding and administering 
 69.22  court-appointed attorney functions in civil cases, including 
 69.23  attorneys and related personnel for civil commitments and 
 69.24  proceedings under Minnesota Statutes, chapter 253B, child 
 69.25  protection cases, paternity cases, guardianship or 
 69.26  conservatorship cases, and other civil proceedings where 
 69.27  indigent persons are entitled to court-appointed counsel.  The 
 69.28  goal of the task force is to design a system that is independent 
 69.29  from court and county administration and funding and that 
 69.30  promotes equal access to justice and equal representation for 
 69.31  indigent persons across the state. 
 69.32     Subd. 2.  [RECOMMENDATIONS; REPORT.] (a) The task force 
 69.33  shall consider options that address the goals in subdivision 1, 
 69.34  including: 
 69.35     (1) creation of an independent court-appointed attorney 
 69.36  board to manage civil court-appointed attorney functions; and 
 70.1      (2) other options identified by the task force. 
 70.2      (b) The supreme court is requested to report to the 
 70.3   legislature by January 15, 2001, with the report and 
 70.4   recommendations of the task force. 
 70.5      Sec. 32.  [TRANSITIONAL PROVISIONS.] 
 70.6      Subdivision 1.  [HIRING AND SALARY MORATORIUM.] A county 
 70.7   may not increase the number of employees in the county in a 
 70.8   position that is being transferred to state employment under 
 70.9   this article without approval of the supreme court, unless the 
 70.10  increase was authorized before January 1, 1999.  A county may 
 70.11  not increase the salaries of these employees without approval of 
 70.12  the supreme court, unless the increase is made under a plan 
 70.13  adopted before January 1, 1999.  
 70.14     Subd. 2.  [TRANSFER OF PROPERTY.] The title to all personal 
 70.15  property that is used by employees being transferred to state 
 70.16  employment under this article in the scope of their employment 
 70.17  is transferred to the state when they become state employees. 
 70.18     Subd. 3.  [RULES.] The supreme court, in consultation with 
 70.19  the conference of chief judges, may adopt rules to implement 
 70.20  this article. 
 70.21     Subd. 4.  [BUDGETS.] Notwithstanding any law to the 
 70.22  contrary, the fiscal year 2000 budgets for the court 
 70.23  administrators' offices being transferred to state employment 
 70.24  under this article, including the number of complement positions 
 70.25  and salaries, must be submitted by the court administrators to 
 70.26  the supreme court.  The budgets must include the current levels 
 70.27  of funding and positions at the time of submission as well as 
 70.28  any requests for increases in funding and positions. 
 70.29     Sec. 33.  [REPEALER.] 
 70.30     Minnesota Statutes 1998, sections 357.021, subdivision 2a; 
 70.31  and 563.01, subdivision 1, are repealed.  
 70.32     Sec. 34.  [EFFECTIVE DATES.] 
 70.33     Subdivision 1.  [STATE TAKEOVER OF COURT ADMINISTRATION AND 
 70.34  RELATED COSTS.] The provisions of this article continuing the 
 70.35  state takeover of court administration costs in the eighth 
 70.36  judicial district are effective January 1, 2000.  The other 
 71.1   provisions of this article relating to the state takeover of 
 71.2   court administration costs in the fifth, seventh, and ninth 
 71.3   judicial districts are effective July 1, 2000. 
 71.4      Subd. 2.  [JURY AND COURT REPORTER TRANSCRIPT COSTS.] The 
 71.5   provisions of this article relating to the state takeover of 
 71.6   miscellaneous court reporter transcript and jury costs are 
 71.7   effective July 1, 2000. 
 71.8      Subd. 3.  [MISCELLANEOUS COST.] The provisions of this 
 71.9   article relating to the state takeover of court interpreter 
 71.10  costs, guardian ad litem costs, rule 20 and mental commitment 
 71.11  examination costs, and in forma pauperis costs are effective 
 71.12  January 1, 2000, in the eighth judicial district; July 1, 2000, 
 71.13  in the fifth, seventh, and ninth judicial districts; and July 1, 
 71.14  2001, in the remaining judicial districts. 
 71.15     Subd. 4.  [EFFECTIVE DATE CONTINGENCY.] Notwithstanding 
 71.16  subdivisions 1 to 3, sections 2 to 11, 13 to 15, and 17 to 33 do 
 71.17  not take effect unless an appropriation and offsetting state 
 71.18  aids and fine transfers specified in the 1999 omnibus tax bill 
 71.19  take effect in fiscal year 2001. 
 71.20     Subd. 5.  [EFFECTIVE DATE; NEW JUDGESHIPS.] Three of the 
 71.21  additional judgeships authorized for judicial districts in 
 71.22  section 1 are established July 1, 1999, and three of the 
 71.23  additional judgeships are established effective July 1, 2000. 
 71.24     Subd. 6.  [EFFECTIVE DATE; QUALIFIED COURT 
 71.25  INTERPRETERS.] Section 12 is effective July 1, 1999. 
 71.26                             ARTICLE 7 
 71.27                 OTHER PROVISIONS RELATING TO STATE
 71.28                  FINANCING OF JUDICIAL DISTRICTS
 71.29     Section 1.  Minnesota Statutes 1998, section 179A.03, 
 71.30  subdivision 7, is amended to read: 
 71.31     Subd. 7.  [ESSENTIAL EMPLOYEE.] "Essential employee" means 
 71.32  firefighters, peace officers subject to licensure under sections 
 71.33  626.84 to 626.863, 911 system and police and fire department 
 71.34  public safety dispatchers, guards at correctional facilities, 
 71.35  confidential employees, supervisory employees, assistant county 
 71.36  attorneys, assistant city attorneys, principals, and assistant 
 72.1   principals.  However, for state employees, "essential employee" 
 72.2   means all employees in law enforcement, health care 
 72.3   professionals, correctional guards, professional engineering, 
 72.4   and supervisory collective bargaining units, irrespective of 
 72.5   severance, and no other employees.  For University of Minnesota 
 72.6   employees, "essential employee" means all employees in law 
 72.7   enforcement, nursing professional and supervisory units, 
 72.8   irrespective of severance, and no other employees.  
 72.9   "Firefighters" means salaried employees of a fire department 
 72.10  whose duties include, directly or indirectly, controlling, 
 72.11  extinguishing, preventing, detecting, or investigating 
 72.12  fires.  Employees for whom the state court administrator is the 
 72.13  negotiating employer are not essential employees. 
 72.14     Sec. 2.  Minnesota Statutes 1998, section 179A.03, 
 72.15  subdivision 14, is amended to read: 
 72.16     Subd. 14.  [PUBLIC EMPLOYEE.] "Public employee" or 
 72.17  "employee" means any person appointed or employed by a public 
 72.18  employer except:  
 72.19     (a) elected public officials; 
 72.20     (b) election officers; 
 72.21     (c) commissioned or enlisted personnel of the Minnesota 
 72.22  national guard; 
 72.23     (d) emergency employees who are employed for emergency work 
 72.24  caused by natural disaster; 
 72.25     (e) part-time employees whose service does not exceed the 
 72.26  lesser of 14 hours per week or 35 percent of the normal work 
 72.27  week in the employee's appropriate unit; 
 72.28     (f) employees whose positions are basically temporary or 
 72.29  seasonal in character and:  (1) are not for more than 67 working 
 72.30  days in any calendar year; or (2) are not for more than 100 
 72.31  working days in any calendar year and the employees are under 
 72.32  the age of 22, are full-time students enrolled in a nonprofit or 
 72.33  public educational institution prior to being hired by the 
 72.34  employer, and have indicated, either in an application for 
 72.35  employment or by being enrolled at an educational institution 
 72.36  for the next academic year or term, an intention to continue as 
 73.1   students during or after their temporary employment; 
 73.2      (g) employees providing services for not more than two 
 73.3   consecutive quarters to the board of trustees of the Minnesota 
 73.4   state colleges and universities under the terms of a 
 73.5   professional or technical services contract as defined in 
 73.6   section 16C.08, subdivision 1; 
 73.7      (h) employees of charitable hospitals as defined by section 
 73.8   179.35, subdivision 3; 
 73.9      (i) full-time undergraduate students employed by the school 
 73.10  which they attend under a work-study program or in connection 
 73.11  with the receipt of financial aid, irrespective of number of 
 73.12  hours of service per week; 
 73.13     (j) an individual who is employed for less than 300 hours 
 73.14  in a fiscal year as an instructor in an adult vocational 
 73.15  education program; 
 73.16     (k) an individual hired by a school district or the board 
 73.17  of trustees of the Minnesota state colleges and universities to 
 73.18  teach one course for up to four credits for one quarter in a 
 73.19  year; 
 73.20     (l) with respect to court employees: 
 73.21     (1) personal secretaries to judges; 
 73.22     (2) court reporters; 
 73.23     (3) law clerks; 
 73.24     (4) managerial employees; 
 73.25     (5) confidential employees; and 
 73.26     (6) supervisory employees. 
 73.27     The following individuals are public employees regardless 
 73.28  of the exclusions of clauses (e) and (f):  
 73.29     (1) (i) An employee hired by a school district or the board 
 73.30  of trustees of the Minnesota state colleges and universities 
 73.31  except at the university established in section 136F.13 or for 
 73.32  community services or community education instruction offered on 
 73.33  a noncredit basis:  (i) (A) to replace an absent teacher or 
 73.34  faculty member who is a public employee, where the replacement 
 73.35  employee is employed more than 30 working days as a replacement 
 73.36  for that teacher or faculty member; or (ii) (B) to take a 
 74.1   teaching position created due to increased enrollment, 
 74.2   curriculum expansion, courses which are a part of the curriculum 
 74.3   whether offered annually or not, or other appropriate reasons; 
 74.4   and 
 74.5      (2) (ii) An employee hired for a position under clause 
 74.6   (f)(1) if that same position has already been filled under 
 74.7   clause (f)(1) in the same calendar year and the cumulative 
 74.8   number of days worked in that same position by all employees 
 74.9   exceeds 67 calendar days in that year.  For the purpose of this 
 74.10  paragraph, "same position" includes a substantially equivalent 
 74.11  position if it is not the same position solely due to a change 
 74.12  in the classification or title of the position. 
 74.13     Sec. 3.  Minnesota Statutes 1998, section 179A.03, 
 74.14  subdivision 15, is amended to read: 
 74.15     Subd. 15.  [PUBLIC EMPLOYER.] "Public employer" or 
 74.16  "employer" means:  
 74.17     (a) the state of Minnesota for employees of the state not 
 74.18  otherwise provided for in this subdivision or section 179A.10 
 74.19  for executive branch employees; 
 74.20     (b) the board of regents of the University of Minnesota for 
 74.21  its employees; and 
 74.22     (c) the state court administrator for court employees; and 
 74.23     (d) notwithstanding any other law to the contrary, the 
 74.24  governing body of a political subdivision or its agency or 
 74.25  instrumentality which has final budgetary approval authority for 
 74.26  its employees.  However, the views of elected appointing 
 74.27  authorities who have standing to initiate interest arbitration, 
 74.28  and who are responsible for the selection, direction, 
 74.29  discipline, and discharge of individual employees shall be 
 74.30  considered by the employer in the course of the discharge of 
 74.31  rights and duties under sections 179A.01 to 179A.25.  
 74.32     When two or more units of government subject to sections 
 74.33  179A.01 to 179A.25 undertake a project or form a new agency 
 74.34  under law authorizing common or joint action, the employer is 
 74.35  the governing person or board of the created agency.  The 
 74.36  governing official or body of the cooperating governmental units 
 75.1   shall be bound by an agreement entered into by the created 
 75.2   agency according to sections 179A.01 to 179A.25.  
 75.3      "Public employer" or "employer" does not include a 
 75.4   "charitable hospital" as defined in section 179.35, subdivision 
 75.5   2.  
 75.6      Nothing in this subdivision diminishes the authority 
 75.7   granted pursuant to law to an appointing authority with respect 
 75.8   to the selection, direction, discipline, or discharge of an 
 75.9   individual employee if this action is consistent with general 
 75.10  procedures and standards relating to selection, direction, 
 75.11  discipline, or discharge which are the subject of an agreement 
 75.12  entered into under sections 179A.01 to 179A.25.  
 75.13     Sec. 4.  Minnesota Statutes 1998, section 179A.03, is 
 75.14  amended by adding a subdivision to read: 
 75.15     Subd. 20.  [COURT EMPLOYEE.] "Court employee" means a 
 75.16  public employee employed by the supreme court, court of appeals, 
 75.17  or a judicial district that is under section 480.181, 
 75.18  subdivision 1, paragraph (b). 
 75.19     Sec. 5.  Minnesota Statutes 1998, section 179A.06, 
 75.20  subdivision 2, is amended to read: 
 75.21     Subd. 2.  [RIGHT TO ORGANIZE.] Public employees have the 
 75.22  right to form and join labor or employee organizations, and have 
 75.23  the right not to form and join such organizations.  Public 
 75.24  employees in an appropriate unit have the right by secret ballot 
 75.25  to designate an exclusive representative to negotiate grievance 
 75.26  procedures and the terms and conditions of employment with their 
 75.27  employer.  Confidential employees of the state, confidential 
 75.28  court employees, and the confidential University of 
 75.29  Minnesota employees are excluded from bargaining.  Supervisory 
 75.30  and managerial court employees are excluded from bargaining.  
 75.31  Other confidential employees, supervisory employees, principals, 
 75.32  and assistant principals may form their own organizations.  An 
 75.33  employer shall extend exclusive recognition to a representative 
 75.34  of or an organization of supervisory or confidential employees, 
 75.35  or principals and assistant principals, for the purpose of 
 75.36  negotiating terms or conditions of employment, in accordance 
 76.1   with sections 179A.01 to 179A.25, applicable to essential 
 76.2   employees.  
 76.3      Supervisory or confidential employee organizations shall 
 76.4   not participate in any capacity in any negotiations which 
 76.5   involve units of employees other than supervisory or 
 76.6   confidential employees.  Except for organizations which 
 76.7   represent supervisors who are:  (1) firefighters, peace officers 
 76.8   subject to licensure under sections 626.84 to 626.863, guards at 
 76.9   correctional facilities, or employees at hospitals other than 
 76.10  state hospitals; and (2) not state or University of Minnesota 
 76.11  employees, a supervisory or confidential employee organization 
 76.12  which is affiliated with another employee organization which is 
 76.13  the exclusive representative of nonsupervisory or 
 76.14  nonconfidential employees of the same public employer shall not 
 76.15  be certified, or act as, an exclusive representative for the 
 76.16  supervisory or confidential employees.  For the purpose of this 
 76.17  subdivision, affiliation means either direct or indirect and 
 76.18  includes affiliation through a federation or joint body of 
 76.19  employee organizations. 
 76.20     Sec. 6.  Minnesota Statutes 1998, section 179A.10, 
 76.21  subdivision 4, is amended to read: 
 76.22     Subd. 4.  [OTHER ASSIGNMENTS.] The commissioner shall 
 76.23  assign state employee classifications, court employee 
 76.24  classifications, University of Minnesota employee 
 76.25  classifications, and supervisory positions to the appropriate 
 76.26  units when the classifications or positions have not been 
 76.27  assigned under subdivision 2 or section 179A.101 or 179A.11 or 
 76.28  have been significantly modified in occupational content 
 76.29  subsequent to assignment under these sections.  The assignment 
 76.30  of the classes shall be made on the basis of the community of 
 76.31  interest of the majority of employees in these classes with the 
 76.32  employees within the statutory units.  All the employees in a 
 76.33  class, excluding supervisory and confidential employees, shall 
 76.34  be assigned to a single appropriate unit.  
 76.35     Sec. 7.  [179A.101] [COURT UNITS.] 
 76.36     Subdivision 1.  [COURT EMPLOYEE UNITS.] (a) The state court 
 77.1   administrator shall meet and negotiate with the exclusive 
 77.2   representative of each of the units specified in this section.  
 77.3   The units provided in this section are the only appropriate 
 77.4   units for court employees.  Court employees, unless otherwise 
 77.5   excluded, are included within the units which include the 
 77.6   classifications to which they are assigned for purposes of 
 77.7   compensation.  Initial assignment of classifications to 
 77.8   bargaining units shall be made by the state court administrator 
 77.9   by August 15, 1999.  An exclusive representative may appeal the 
 77.10  initial assignment decision of the state court administrator by 
 77.11  filing a petition with the commissioner within 45 days of being 
 77.12  certified as the exclusive representative for a judicial 
 77.13  district.  The units in this subdivision are the appropriate 
 77.14  units of court employees. 
 77.15     (b) The judicial district unit consists of clerical, 
 77.16  administrative, and technical employees of a judicial district 
 77.17  under section 480.181, subdivision 1, paragraph (b), or of two 
 77.18  or more of these districts that are represented by the same 
 77.19  employee organization or one or more subordinate bodies of the 
 77.20  same employee organization.  The judicial district unit includes 
 77.21  individuals, not otherwise excluded, whose work is typically 
 77.22  clerical or secretarial in nature, including nontechnical data 
 77.23  recording and retrieval and general office work, and 
 77.24  individuals, not otherwise excluded, whose work is not typically 
 77.25  manual and which requires specialized knowledge or skills 
 77.26  acquired through two-year academic programs or equivalent 
 77.27  experience or on-the-job training. 
 77.28     (c) The appellate courts unit consists of clerical, 
 77.29  administrative, and technical employees of the court of appeals 
 77.30  and clerical, administrative, and technical employees of the 
 77.31  supreme court.  The appellate courts unit includes individuals, 
 77.32  not otherwise excluded, whose work is typically clerical or 
 77.33  secretarial in nature, including nontechnical data recording and 
 77.34  retrieval and general office work, and individuals, not 
 77.35  otherwise excluded, whose work is not typically manual and which 
 77.36  requires specialized knowledge or skills acquired through 
 78.1   two-year academic programs or equivalent experience or 
 78.2   on-the-job training. 
 78.3      (d) The court employees professional employee unit consists 
 78.4   of professional employees, not otherwise excluded, that are 
 78.5   employed by the supreme court, the court of appeals, or a 
 78.6   judicial district under section 480.181, subdivision 1, 
 78.7   paragraph (b). 
 78.8      Subd. 2.  [EXCLUSIONS.] The following employees are 
 78.9   excluded from the appropriate units under subdivision 1: 
 78.10     (1) personal secretaries to judges; 
 78.11     (2) court reporters; 
 78.12     (3) law clerks; 
 78.13     (4) managerial employees; 
 78.14     (5) confidential employees; and 
 78.15     (6) supervisory employees. 
 78.16     Subd. 3.  [EMPLOYEE ORGANIZATIONS REPRESENTING MORE THAN 
 78.17  ONE JUDICIAL DISTRICT UNIT.] Whenever an employee organization 
 78.18  or one or more subordinate bodies of the same employee 
 78.19  organization is certified as the exclusive representative of the 
 78.20  employees in more than one judicial district unit, all judicial 
 78.21  district units for which the employee organization or one or 
 78.22  more subordinate bodies of the same employee organization has 
 78.23  been certified will be combined into one unit and the employee 
 78.24  organization certified as exclusive representative of the 
 78.25  employees of the new, combined unit.  The commissioner shall 
 78.26  issue a certification within 45 days of receipt of a petition 
 78.27  demonstrating that an employee organization or one or more 
 78.28  subordinate bodies of the same employee organization is 
 78.29  certified as the exclusive representative of employees in more 
 78.30  than one judicial district unit. 
 78.31     Sec. 8.  [179A.102] [TRANSITION TO NEW BARGAINING UNIT 
 78.32  STRUCTURE.] 
 78.33     Subdivision 1.  [APPLICATION OF SECTION.] Notwithstanding 
 78.34  the provisions of section 179A.12 or any other law, this section 
 78.35  governs, where contrary to other law, the initial certification 
 78.36  and decertification, if any, of exclusive representatives for 
 79.1   the appropriate units established by section 7.  Subsequent to 
 79.2   the initial certification and decertification, if any, pursuant 
 79.3   to this section, this section does not apply. 
 79.4      Subd. 2.  [EXISTING MAJORITY.] The commissioner shall 
 79.5   certify an employee organization as exclusive representative for 
 79.6   an appropriate unit established under section 7 upon a petition 
 79.7   filed with the commissioner by the organization within 30 days 
 79.8   of the effective date of the judicial district coming under 
 79.9   section 480.181, subdivision 1, paragraph (b), demonstrating 
 79.10  that the petitioner is certified pursuant to section 179A.12 as 
 79.11  the exclusive representative of a majority of the employees 
 79.12  included within the unit established by section 7 as of that 
 79.13  effective date.  Two or more employee organizations that 
 79.14  represent the employees in a unit established by section 7 may 
 79.15  petition jointly under this subdivision, provided that any 
 79.16  organization may withdraw from a joint certification in favor of 
 79.17  the remaining organizations on 30 days' notice to the remaining 
 79.18  organizations, the employer, and the commissioner, without 
 79.19  affecting the rights and obligations of the remaining 
 79.20  organizations or the employer.  The commissioner shall make a 
 79.21  determination on a timely petition within 45 days of its receipt.
 79.22     Subd. 3.  [NO EXISTING MAJORITY.] (a) If no exclusive 
 79.23  representative is certified under subdivision 2, the 
 79.24  commissioner shall certify an employee organization as exclusive 
 79.25  representative for an appropriate unit established under section 
 79.26  7 upon a petition filed by the organization within the time 
 79.27  period provided in subdivision 2 demonstrating that the 
 79.28  petitioner is certified under section 179A.12 as the exclusive 
 79.29  representative of fewer than a majority of the employees 
 79.30  included within the unit established by section 7, if no other 
 79.31  employee organization so certified has filed a petition within 
 79.32  the time period provided in subdivision 2 and a majority of the 
 79.33  employees in the unit established by section 7 are represented 
 79.34  by employee organizations under section 179A.12 on the effective 
 79.35  date of the judicial district coming under section 480.181, 
 79.36  subdivision 1, paragraph (b).  Two or more employee 
 80.1   organizations, each of which represents employees included in 
 80.2   the unit established by section 7, may petition jointly under 
 80.3   this paragraph, provided that any organization may withdraw from 
 80.4   a joint certification in favor of the remaining organizations on 
 80.5   30 days' notice to the remaining organizations, the employer, 
 80.6   and the commissioner without affecting the rights and 
 80.7   obligations of the remaining organizations or the employer.  The 
 80.8   commissioner shall make a determination on a timely petition 
 80.9   within 45 days of its receipt. 
 80.10     (b) If no exclusive representative is certified under 
 80.11  subdivision 2 or paragraph (a), and an employee organization 
 80.12  petitions the commissioner within 90 days of the effective date 
 80.13  of the judicial district coming under section 480.181, 
 80.14  subdivision 1, paragraph (b), demonstrating that a majority of 
 80.15  the employees included within a unit established by section 7 
 80.16  wish to be represented by the petitioner, where this majority is 
 80.17  evidenced by current dues deduction rights, signed statements 
 80.18  from court employees in counties within the district that are 
 80.19  not currently represented by any employee organization plainly 
 80.20  indicating that the signatories wish to be represented for 
 80.21  collective bargaining purposes by the petitioner rather than by 
 80.22  any other organization, or a combination of those, the 
 80.23  commissioner shall certify the petitioner as exclusive 
 80.24  representative of the employees in the unit established by 
 80.25  section 7.  The commissioner shall make a determination on a 
 80.26  timely petition within 45 days of its receipt. 
 80.27     (c) If no exclusive representative is certified under 
 80.28  subdivision 2 or paragraph (a) or (b), and an employee 
 80.29  organization petitions the commissioner subsequent to the 
 80.30  effective date of the judicial district coming under section 
 80.31  480.181, subdivision 1, paragraph (b), demonstrating that at 
 80.32  least 30 percent of the employees included within a unit 
 80.33  established by section 7 wish to be represented by the 
 80.34  petitioner, where this 30 percent is evidenced by current dues 
 80.35  deduction rights, signed statements from court employees in 
 80.36  counties within the district that are not currently represented 
 81.1   by any employee organization plainly indicating that the 
 81.2   signatories wish to be represented for collective bargaining 
 81.3   purposes by the petitioner rather than by any other 
 81.4   organization, or a combination of those, the commissioner shall 
 81.5   conduct a secret ballot election to determine the wishes of the 
 81.6   majority.  The election must be conducted within 45 days of 
 81.7   receipt or final decision on any petitions filed pursuant to 
 81.8   subdivision 2, whichever is later.  The election is governed by 
 81.9   section 179A.12, where not inconsistent with other provisions of 
 81.10  this section. 
 81.11     Subd. 4.  [DECERTIFICATION.] The commissioner may not 
 81.12  consider a petition for decertification of an exclusive 
 81.13  representative certified under this section for one year after 
 81.14  certification.  After that time a petition must be considered 
 81.15  under the provisions of section 179A.12. 
 81.16     Subd. 5.  [EXISTING COLLECTIVE BARGAINING AGREEMENTS.] The 
 81.17  terms and conditions of collective bargaining agreements 
 81.18  covering judicial district employees in districts that come 
 81.19  under section 480.181, subdivision 1, paragraph (b), remain in 
 81.20  effect until a successor agreement becomes effective. 
 81.21     Subd. 6.  [CONTRACT AND REPRESENTATION 
 81.22  RESPONSIBILITIES.] (a) Notwithstanding the provisions of section 
 81.23  7, the exclusive representatives of units of court employees 
 81.24  certified prior to the effective date of the judicial district 
 81.25  coming under section 480.181, subdivision 1, paragraph (b), 
 81.26  remain responsible for administration of their contracts and for 
 81.27  other contractual duties and have the right to dues and fair 
 81.28  share fee deduction and other contractual privileges and rights 
 81.29  until a contract is agreed upon with the state court 
 81.30  administrator for a new unit established under section 7 or 
 81.31  until June 30, 2001, whichever is earlier.  Exclusive 
 81.32  representatives of court employees certified after the effective 
 81.33  date of this section in the judicial district are immediately 
 81.34  upon certification responsible for bargaining on behalf of 
 81.35  employees within the unit.  They are also responsible for 
 81.36  administering grievances arising under previous contracts 
 82.1   covering employees included within the unit which remain 
 82.2   unresolved on June 30, 2001, or upon agreement with the state 
 82.3   court administrator on a contract for a new unit established 
 82.4   under section 7, whichever is earlier.  Where the employer does 
 82.5   not object, these responsibilities may be varied by agreement 
 82.6   between the outgoing and incoming exclusive representatives.  
 82.7   All other rights and duties of representation begin on July 1, 
 82.8   2001, except that exclusive representatives certified after the 
 82.9   effective date of this section shall immediately, upon 
 82.10  certification, have the right to all employer information and 
 82.11  all forms of access to employees within the bargaining unit 
 82.12  which would be permitted to the current contract holder, 
 82.13  including the rights in section 179A.07, subdivision 6.  This 
 82.14  section does not affect an existing collective bargaining 
 82.15  contract.  Incoming exclusive representatives of court employees 
 82.16  from judicial districts that come under section 480.181, 
 82.17  subdivision 1, paragraph (b), are immediately, upon 
 82.18  certification, responsible for bargaining on behalf of all 
 82.19  previously unrepresented employees assigned to their units.  All 
 82.20  other rights and duties of exclusive representatives begin on 
 82.21  July 1, 2001. 
 82.22     (b) Nothing in sections 1 to 13 prevents an exclusive 
 82.23  representative certified after the effective date of section 1 
 82.24  to 13 from assessing fair share or dues deductions immediately 
 82.25  upon certification for employees in a unit established under 
 82.26  section 7 if the employees were unrepresented for collective 
 82.27  bargaining purposes before that certification. 
 82.28     Sec. 9.  [179A.103] [GENERAL PROVISIONS FOR COURT 
 82.29  EMPLOYEES.] 
 82.30     Subdivision 1.  [CONTRACTS.] Contracts for the period 
 82.31  commencing July 1, 2000, for the judicial district court 
 82.32  employees of judicial districts that are under section 480.181, 
 82.33  subdivision 1, paragraph (b), must be negotiated with the state 
 82.34  court administrator.  Negotiations for those contracts may begin 
 82.35  any time after July 1, 1999, and may be initiated by either 
 82.36  party notifying the other of the desire to begin the negotiating 
 83.1   process.  Negotiations are subject to this chapter. 
 83.2      Subd. 2.  [DATE OF EMPLOYMENT.] The date of first 
 83.3   employment by the state court system is the date on which 
 83.4   services were first performed by the employee for the employer 
 83.5   from which the employee is being transferred. 
 83.6      Subd. 3.  [PROBATIONARY PERIODS.] Except as otherwise 
 83.7   provided in a successor contract, probationary periods are not 
 83.8   affected by the transfer of employees to the state court system. 
 83.9      Subd. 4.  [WAGE PROTECTION.] Court employees in judicial 
 83.10  districts coming under section 480.181, subdivision 1, paragraph 
 83.11  (b), may not have a decrease in wages as a result of their 
 83.12  transfer to state employment.  Wage scales negotiated in a 
 83.13  judicial district contract are not to be applied to a court 
 83.14  employee of a judicial district who was a court employee of a 
 83.15  county within the judicial district at the time the judicial 
 83.16  district came under section 480.181, subdivision 1, paragraph 
 83.17  (b), until the wage for the employee under the scale is equal to 
 83.18  or greater than the wage the employee was receiving on the date 
 83.19  the judicial district came under section 480.181, subdivision 1, 
 83.20  paragraph (b). 
 83.21     Sec. 10.  Minnesota Statutes 1998, section 179A.12, 
 83.22  subdivision 4, is amended to read: 
 83.23     Subd. 4.  [STATE UNIT ELECTIONS.] The commissioner shall 
 83.24  not consider a petition for a decertification election during 
 83.25  the term of a contract covering employees of the executive 
 83.26  branch or judicial branches of the state of Minnesota except for 
 83.27  a period for from not more than 270 to not less than 210 days 
 83.28  before its date of termination.  
 83.29     Sec. 11.  Minnesota Statutes 1998, section 179A.22, 
 83.30  subdivision 2, is amended to read: 
 83.31     Subd. 2.  [EMPLOYER.] The employer of state executive 
 83.32  branch employees shall be, for purposes of sections 179A.01 to 
 83.33  179A.25, the commissioner of employee relations or the 
 83.34  commissioner's representative.  
 83.35     Sec. 12.  Minnesota Statutes 1998, section 179A.22, 
 83.36  subdivision 3, is amended to read: 
 84.1      Subd. 3.  [DUTIES.] In all negotiations between the 
 84.2   executive branch of the state and exclusive representatives, the 
 84.3   state executive branch shall be represented by the commissioner 
 84.4   of employee relations or the commissioner's representative. The 
 84.5   attorney general, and each appointing authority shall cooperate 
 84.6   with the commissioner of employee relations in conducting 
 84.7   negotiations and shall make available any personnel and other 
 84.8   resources necessary to enable the commissioner to conduct 
 84.9   effective negotiations.  
 84.10     Sec. 13.  [179A.225] [COURT EMPLOYEES; NEGOTIATIONS.] 
 84.11     Subdivision 1.  [EMPLOYER.] The employer of court employees 
 84.12  is, for purposes of sections 179A.01 to 179A.25, the state court 
 84.13  administrator or designated representative. 
 84.14     Subd. 2.  [DUTIES.] In all negotiations between the state 
 84.15  court system and exclusive representatives of court employees, 
 84.16  the state court system must be represented by the state court 
 84.17  administrator or designated representative.  All judges and 
 84.18  managerial, confidential, and supervisory personnel of the 
 84.19  supreme court, the court of appeals, and the judicial districts 
 84.20  that are under section 480.181, subdivision 1, paragraph (b), 
 84.21  shall cooperate with the designated representative of the state 
 84.22  court administrator in conducting negotiations and shall make 
 84.23  available any personnel and other resources necessary to enable 
 84.24  the representative of the state court administrator to conduct 
 84.25  effective negotiations. 
 84.26     Subd. 3.  [AGREEMENTS.] The state court administrator is 
 84.27  authorized to enter into agreements with exclusive 
 84.28  representatives. 
 84.29     Sec. 14.  [EFFECTIVE DATE.] 
 84.30     Sections 1 to 13 do not take effect unless an appropriation 
 84.31  and offsetting state aids and fine transfers specified in the 
 84.32  1999 omnibus tax bill take effect in fiscal year 2001.