HF 3644

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

  1.1                          A bill for an act 
  1.2             relating to crime prevention; specifying that the 
  1.3             board of public defense may be required by courts to 
  1.4             pay certain costs related to providing a criminal 
  1.5             defense; expanding the authority of the commissioner 
  1.6             of natural resources to support search and rescue 
  1.7             operations; requiring the development of criteria 
  1.8             regarding search and rescue operations; appropriating 
  1.9             money; amending Minnesota Statutes 1998, sections 
  1.10            88.12, subdivision 2; and 611.21; Laws 1999, chapter 
  1.11            231, section 5, subdivision 4. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 88.12, 
  1.14  subdivision 2, is amended to read: 
  1.15     Subd. 2.  [CONTRACTS FOR SERVICES FOR FORESTRY OR WILDFIRE 
  1.16  PREVENTION WORK; COMMISSIONS TO PERSONS EMPLOYED.] The 
  1.17  commissioner is hereby authorized and empowered to contract for 
  1.18  or accept the services of any and all persons whose aid is 
  1.19  available, temporarily or otherwise, in forestry or wildfire 
  1.20  prevention work, either gratuitously or for compensation not in 
  1.21  excess of the limits provided by law with respect to the 
  1.22  employment of labor by the commissioner.  At the request of 
  1.23  another emergency response agency, trained forestry wildfire 
  1.24  fighting resources may be contracted with to support search and 
  1.25  rescue operations.  The commissioner may issue a commission, or 
  1.26  other written evidence of authority, to any such person whose 
  1.27  services are so arranged for; and may thereby empower such 
  1.28  person to act, temporarily or otherwise, as fire warden, or in 
  2.1   any other capacity, with such powers and duties as may be 
  2.2   specified in the commission or other written evidence of 
  2.3   authority, but not in excess of the powers conferred by law on 
  2.4   forest officers.  
  2.5      Sec. 2.  Minnesota Statutes 1998, section 611.21, is 
  2.6   amended to read: 
  2.7      611.21 [SERVICES OTHER THAN COUNSEL.] 
  2.8      (a) Counsel appointed by the court for an indigent 
  2.9   defendant, or representing a defendant who, at the outset of the 
  2.10  prosecution, has an annual income not greater than 125 percent 
  2.11  of the poverty line established under United States Code, title 
  2.12  42, section 9902(2), may file an ex parte application requesting 
  2.13  investigative, expert, or other services necessary to an 
  2.14  adequate defense in the case.  Upon finding, after appropriate 
  2.15  inquiry in an ex parte proceeding, that the services are 
  2.16  necessary and that the defendant is financially unable to obtain 
  2.17  them, the court shall authorize counsel to obtain the services 
  2.18  on behalf of the defendant.  The court may establish a limit on 
  2.19  the amount which may be expended or promised for such services.  
  2.20  The court may, in the interests of justice, and upon a finding 
  2.21  that timely procurement of necessary services could not await 
  2.22  prior authorization, ratify such services after they have been 
  2.23  obtained, but such ratification shall be given only in unusual 
  2.24  situations.  The court shall determine reasonable compensation 
  2.25  for the services and direct payment by the county in which the 
  2.26  prosecution originated board of public defense, to the 
  2.27  organization or person who rendered them, upon the filing of a 
  2.28  claim for compensation supported by an affidavit specifying the 
  2.29  time expended, services rendered, and expenses incurred on 
  2.30  behalf of the defendant, and the compensation received in the 
  2.31  same case or for the same services from any other source. 
  2.32     (b) The compensation to be paid to a person for such 
  2.33  service rendered to a defendant under this section, or to be 
  2.34  paid to an organization for such services rendered by an 
  2.35  employee, may not exceed $1,000, exclusive of reimbursement for 
  2.36  expenses reasonably incurred, unless payment in excess of that 
  3.1   limit is certified by the court as necessary to provide fair 
  3.2   compensation for services of an unusual character or duration 
  3.3   and the amount of the excess payment is approved by the chief 
  3.4   judge of the district.  The chief judge of the judicial district 
  3.5   may delegate approval authority to an active district judge.  
  3.6      (c) If the court denies authorizing counsel to obtain 
  3.7   services on behalf of the defendant, the court shall make 
  3.8   written findings of fact and conclusions of law that state the 
  3.9   basis for determining that counsel may not obtain services on 
  3.10  behalf of the defendant.  When the court issues an order denying 
  3.11  counsel the authority to obtain services, the defendant may 
  3.12  appeal immediately from that order to the court of appeals and 
  3.13  may request an expedited hearing. 
  3.14     Sec. 3.  Laws 1999, chapter 231, section 5, subdivision 4, 
  3.15  is amended to read: 
  3.16  Subd. 4.  Forest Management 
  3.17      34,670,000     35,175,000
  3.18                Summary by Fund
  3.19  General              34,207,000    34,701,000
  3.20  Natural Resources       463,000       474,000
  3.21  $3,599,000 the first year and 
  3.22  $3,688,000 the second year are for 
  3.23  presuppression and suppression costs of 
  3.24  emergency fire fighting and other costs 
  3.25  incurred under Minnesota Statutes, 
  3.26  section 88.12, subdivision 2, related 
  3.27  to search and rescue operations.  If 
  3.28  the appropriation for either year is 
  3.29  insufficient to cover all costs of 
  3.30  suppression, the amount necessary to 
  3.31  pay for emergency firefighting expenses 
  3.32  during the biennium is appropriated 
  3.33  from the general fund.  If money is 
  3.34  spent under the appropriation in the 
  3.35  preceding sentence, the commissioner of 
  3.36  natural resources shall, by 15 days 
  3.37  after the end of the following quarter, 
  3.38  report on how the money was spent to 
  3.39  the chairs of the house of 
  3.40  representatives ways and means 
  3.41  committee, the environment and 
  3.42  agriculture budget division of the 
  3.43  senate environment and natural 
  3.44  resources committee, and the house of 
  3.45  representatives environment and natural 
  3.46  resources finance committee.  The 
  3.47  appropriations may not be transferred.  
  3.48  $722,000 the first year and $724,000 
  3.49  the second year are for programs and 
  3.50  practices on state, county, and private 
  4.1   lands to regenerate and protect 
  4.2   Minnesota's white pine.  Up to $280,000 
  4.3   of the appropriation in each year may 
  4.4   be used by the commissioner to provide 
  4.5   50 percent matching funds to implement 
  4.6   cultural practices for white pine 
  4.7   management on nonindustrial, private 
  4.8   forest lands at rates specified in the 
  4.9   Minnesota stewardship incentives 
  4.10  program manual.  Up to $150,000 of the 
  4.11  appropriation in each year may be used 
  4.12  by the commissioner to provide funds to 
  4.13  implement cultural practices for white 
  4.14  pine management on county-administered 
  4.15  lands through grant agreements with 
  4.16  individual counties, with priorities 
  4.17  for areas that experienced wind damage 
  4.18  in July 1995.  $40,000 each year is for 
  4.19  a study of the natural regeneration 
  4.20  process of white pine.  The remainder 
  4.21  of the funds in each fiscal year will 
  4.22  be available to the commissioner for 
  4.23  white pine regeneration and protection 
  4.24  on department-administered lands. 
  4.25  The commissioner may contract with and 
  4.26  make grants to nonprofit agencies to 
  4.27  carry out the purposes, plans, and 
  4.28  programs of the office of youth 
  4.29  programs, Minnesota conservation corps. 
  4.30  $61,000 the first year and $62,000 the 
  4.31  second year are for the focus on 
  4.32  community forests program, to provide 
  4.33  communities with natural resources 
  4.34  technical assistance. 
  4.35  $225,000 the first year is for grants 
  4.36  to local community forest ecosystem 
  4.37  health programs.  This appropriation is 
  4.38  available until June 30, 2001.  The 
  4.39  commissioner of natural resources shall 
  4.40  allocate individual grants of up to 
  4.41  $25,000 to local communities that match 
  4.42  the grants with nonstate money to 
  4.43  undertake projects that improve the 
  4.44  health of forest ecosystems, including 
  4.45  insect and disease suppression 
  4.46  programs, community-based forest health 
  4.47  education programs, and other 
  4.48  arboricultural treatments. 
  4.49  $100,000 the first year and $100,000 
  4.50  the second year are an increase in the 
  4.51  base appropriation for the Minnesota 
  4.52  conservation corps program activities.  
  4.53  $500,000 each year is for the 
  4.54  activities of the forest resources 
  4.55  council.  This is a one-time 
  4.56  appropriation. 
  4.57     Sec. 4.  [DEVELOPMENT OF SEARCH AND RESCUE OPERATIONS 
  4.58  CRITERIA.] 
  4.59     (a) By July 1, 2000, the superintendent of the bureau of 
  4.60  criminal apprehension and the commissioner of natural resources 
  4.61  shall develop criteria for determining the types of search and 
  5.1   rescue operations that may be supported by contracts under 
  5.2   sections 1 and 3. 
  5.3      (b) By July 1, 2000, the superintendent and commissioner 
  5.4   shall report the criteria developed to the chairs and ranking 
  5.5   minority members of the senate and house committees and 
  5.6   divisions having jurisdiction over criminal justice and 
  5.7   environment and natural resources funding. 
  5.8      Sec. 5.  [APPROPRIATION.] 
  5.9      $100,000 is appropriated from the general fund to the 
  5.10  commissioner of public safety for the fiscal year ending June 
  5.11  30, 2001, for reimbursement of local costs for long-term 
  5.12  multijurisdictional criminal investigations as authorized by 
  5.13  Minnesota Statutes, section 299C.065, subdivision 1, clause (5). 
  5.14     Sec. 6.  [EFFECTIVE DATES.] 
  5.15     Section 4 is effective the day following final enactment.  
  5.16  Sections 1, 3, and 5 are effective July 1, 2000.  Section 2 is 
  5.17  effective July 1, 2001.