3rd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/13/2000|
|1st Engrossment||Posted on 03/03/2000|
|2nd Engrossment||Posted on 03/30/2000|
|3rd Engrossment||Posted on 04/19/2000|
1.1 A bill for an act 1.2 relating to public safety; authorizing commissioner of 1.3 public safety to award public safety grants; 1.4 continuing certain rule authority of commissioner of 1.5 public safety; changing per diem payments to members 1.6 of the board of private detectives and protective 1.7 agents; requiring changes in rules regarding training 1.8 programs; establishing guidelines for the 1.9 administration of battered women's shelter per diem 1.10 funding by the Minnesota center for crime victims 1.11 services; changing the designation of battered women's 1.12 advisory council to advisory council on battered women 1.13 and domestic abuse; authorizing support services to 1.14 domestic abuse victims; amending Minnesota Statutes 1.15 1998, sections 13.82, subdivision 3b; 15.0591, 1.16 subdivision 2; 119A.37, subdivision 4; 120B.22, 1.17 subdivision 1; 257.75, subdivision 6; 299A.01, 1.18 subdivision 2, and by adding a subdivision; 326.33, 1.19 subdivision 6; 326.3361, subdivision 1; 518B.01, 1.20 subdivision 21; 611A.07, subdivision 1; 611A.32, 1.21 subdivisions 1, 2, 3, and 5; 611A.33; 611A.34, 1.22 subdivisions 1, 2, and 3; 611A.345; 611A.35; 611A.36, 1.23 subdivisions 1 and 2; 629.342, subdivision 2; and 1.24 629.72, subdivision 6; Minnesota Statutes 1999 1.25 Supplement, sections 13.99, subdivision 108; 15.059, 1.26 subdivision 5a; and 626.558, subdivision 1; proposing 1.27 coding for new law in Minnesota Statutes, chapter 611A. 1.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.29 ARTICLE 1 1.30 Section 1. Minnesota Statutes 1998, section 299A.01, 1.31 subdivision 2, is amended to read: 1.32 Subd. 2. [DUTIES OF COMMISSIONER.] The duties of the 1.33 commissioner shall include the following: 1.34 (a) the coordination, development and maintenance of 1.35 services contracts with existing state departments and agencies 1.36 assuring the efficient and economic use of advanced business 2.1 machinery including computers; 2.2 (b) the execution of contracts and agreements with existing 2.3 state departments for the maintenance and servicing of vehicles 2.4 and communications equipment, and the use of related buildings 2.5 and grounds; 2.6 (c) the development of integrated fiscal services for all 2.7 divisions, and the preparation of an integrated budget for the 2.8 department; 2.9 (d) the publication and award of grant contracts with state 2.10 agencies, local units of government, and other entities for 2.11 programs that will benefit the safety of the public; and 2.12 (e) the establishment of a planning bureau within the 2.13 department. 2.14 Sec. 2. Minnesota Statutes 1998, section 299A.01, is 2.15 amended by adding a subdivision to read: 2.16 Subd. 7. [RULES REMAIN IN EFFECT.] Notwithstanding 2.17 sections 14.05, subdivision 1, and 645.36 or other law to the 2.18 contrary, the rules adopted under the authority of Minnesota 2.19 Statutes 1996, section 299A.01, subdivision 6, paragraph (a), 2.20 remain in effect on and after July 1, 1997, until further 2.21 amended or repealed. 2.22 Sec. 3. Minnesota Statutes 1998, section 326.33, 2.23 subdivision 6, is amended to read: 2.24 Subd. 6. [COMPENSATION TO BOARD MEMBERS.] Members of the 2.25 board of private detective and protective agent services shall 2.26 receive, in addition to necessary traveling and lodging 2.27 expenses,
$35a per diem payment as specified in section 214.09, 2.28 subdivision 3, per day for each day actually engaged in board 2.29 activities, provided, however, members of the board who are 2.30 state employees will be governed by state rules regarding travel 2.31 expense and per diem payments. 2.32 Sec. 4. Minnesota Statutes 1998, section 326.3361, 2.33 subdivision 1, is amended to read: 2.34 Subdivision 1. [RULES.] The board shall, by rule, 2.35 prescribe the requirements, duration, contents, and standards 2.36 for successful completion of certified training programs for 3.1 license holders, qualified representatives, Minnesota managers, 3.2 partners, and employees, including: 3.3 (1) first aid and firearms training required for armed 3.4 employees, including training in the legal limitations on the 3.5 justifiable use of force and deadly force as specified in 3.6 sections 609.06 and 609.065; 3.7 (2) training inrisks and dangers arising from the use of 3.8 weapons other than firearms, including, but not limited to, 3.9 bludgeons, nightsticks, batons, chemical weapons, and electronic 3.10 incapacitation devices, and in the use ofrestraint or 3.11 immobilization techniques , including the carotid neck restraint; 3.12 (3) training in alternatives to the use of force; 3.13 (4) standards for weapons and equipment issued to or 3.14 carried or used by license holders, qualified representatives, 3.15 Minnesota managers, partners, and employees; 3.16 (5) preassignment or on-the-job training, or its 3.17 equivalent, required before applicants may be certified as 3.18 having completed training; and 3.19 (6) continuing training for license holders, qualified 3.20 representatives, Minnesota managers, partners, employees, and 3.21 armed employees. 3.22 Sec. 5. [EFFECTIVE DATE.] 3.23 Section 2 is effective retroactively from July 1, 1997. 3.24 ARTICLE 2 3.25 BATTERED WOMEN AND DOMESTIC ABUSE 3.26 Section 1. Minnesota Statutes 1998, section 13.82, 3.27 subdivision 3b, is amended to read: 3.28 Subd. 3b. [DOMESTIC ABUSE DATA.] The written police report 3.29 required by section 629.341, subdivision 4, of an alleged 3.30 incident described in section 629.341, subdivision 1, and arrest 3.31 data, request for service data, and response or incident data 3.32 described in subdivision 2, 3, or 4 that arise out of this type 3.33 of incident or out of an alleged violation of an order for 3.34 protection must be released upon request at no cost to an 3.35 organization designated by the Minnesota center for crime 3.36 victims services, the department of corrections, or the 4.1 department of public safety as providing services to victims of 4.2 domestic abuse. The executive director or the commissioner of 4.3 the appropriate state agency shall develop written criteria for 4.4 this designation in consultation with the battered women's4.5 advisory council on battered women and domestic abuse. 4.6 Sec. 2. Minnesota Statutes 1999 Supplement, section 13.99, 4.7 subdivision 108, is amended to read: 4.8 Subd. 108. [ BATTERED WOMENVICTIMS OF DOMESTIC ABUSE.] 4.9 Data on battered women and victims of domestic abuse maintained 4.10 by grantees and recipients of per diem payments for emergency 4.11 shelter for battered women and support services for battered 4.12 women and victims of domestic abuse are governed by section4.13 sections 611A.32, subdivision 5, and 611A.371, subdivision 3. 4.14 Sec. 3. Minnesota Statutes 1999 Supplement, section 4.15 15.059, subdivision 5a, is amended to read: 4.16 Subd. 5a. [LATER EXPIRATION.] Notwithstanding subdivision 4.17 5, the advisory councils and committees listed in this 4.18 subdivision do not expire June 30, 1997. These groups expire 4.19 June 30, 2001, unless the law creating the group or this 4.20 subdivision specifies an earlier expiration date. 4.21 Investment advisory council, created in section 11A.08; 4.22 Intergovernmental information systems advisory council, 4.23 created in section 16B.42, expires June 30, 1999; 4.24 Feedlot and manure management advisory committee, created 4.25 in section 17.136; 4.26 Aquaculture advisory committee, created in section 17.49; 4.27 Dairy producers board, created in section 17.76; 4.28 Pesticide applicator education and examination review 4.29 board, created in section 18B.305; 4.30 Advisory seed potato certification task force, created in 4.31 section 21.112; 4.32 Food safety advisory committee, created in section 28A.20; 4.33 Minnesota organic advisory task force, created in section 4.34 31.95; 4.35 Public programs risk adjustment work group, created in 4.36 section 62Q.03; 5.1 Workers' compensation self-insurers' advisory committee, 5.2 created in section 79A.02; 5.3 Youth corps advisory committee, created in section 84.0887; 5.4 Iron range off-highway vehicle advisory committee, created 5.5 in section 85.013; 5.6 Mineral coordinating committee, created in section 93.002; 5.7 Game and fish fund citizen advisory committees, created in 5.8 section 97A.055; 5.9 Wetland heritage advisory committee, created in section 5.10 103G.2242; 5.11 Wastewater treatment technical advisory committee, created 5.12 in section 115.54; 5.13 Solid waste management advisory council, created in section 5.14 115A.12; 5.15 Nuclear waste council, created in section 116C.711; 5.16 Genetically engineered organism advisory committee, created 5.17 in section 116C.93; 5.18 Environment and natural resources trust fund advisory 5.19 committee, created in section 116P.06; 5.20 Child abuse prevention advisory council, created in section 5.21 119A.13; 5.22 Chemical abuse and violence prevention council, created in 5.23 section 119A.293; 5.24 Youth neighborhood centers advisory board, created in 5.25 section 119A.295; 5.26 Interagency coordinating council, created in section 5.27 125A.28, expires June 30, 1999; 5.28 Desegregation/integration advisory board, created in 5.29 section 124D.892; 5.30 Nonpublic education council, created in section 123B.445; 5.31 Permanent school fund advisory committee, created in 5.32 section 127A.30; 5.33 Indian scholarship committee, created in section 124D.84, 5.34 subdivision 2; 5.35 American Indian education committees, created in section 5.36 124D.80; 6.1 Summer scholarship advisory committee, created in section 6.2 124D.95; 6.3 Multicultural education advisory committee, created in 6.4 section 124D.894; 6.5 Male responsibility and fathering grants review committee, 6.6 created in section 124D.33; 6.7 Library for the blind and physically handicapped advisory 6.8 committee, created in section 134.31; 6.9 Higher education advisory council, created in section 6.10 136A.031; 6.11 Student advisory council, created in section 136A.031; 6.12 Cancer surveillance advisory committee, created in section 6.13 144.672; 6.14 Maternal and child health task force, created in section 6.15 145.881; 6.16 State community health advisory committee, created in 6.17 section 145A.10; 6.18 Mississippi River Parkway commission, created in section 6.19 161.1419; 6.20 School bus safety advisory committee, created in section 6.21 169.435; 6.22 Advisory council on workers' compensation, created in 6.23 section 175.007; 6.24 Code enforcement advisory council, created in section 6.25 175.008; 6.26 Medical services review board, created in section 176.103; 6.27 Apprenticeship advisory council, created in section 178.02; 6.28 OSHA advisory council, created in section 182.656; 6.29 Health professionals services program advisory committee, 6.30 created in section 214.32; 6.31 Rehabilitation advisory council for the blind, created in 6.32 section 248.10; 6.33 American Indian advisory council, created in section 6.34 254A.035; 6.35 Alcohol and other drug abuse advisory council, created in 6.36 section 254A.04; 7.1 Medical assistance drug formulary committee, created in 7.2 section 256B.0625; 7.3 Home care advisory committee, created in section 256B.071; 7.4 Preadmission screening, alternative care, and home and 7.5 community-based services advisory committee, created in section 7.6 256B.0911; 7.7 Traumatic brain injury advisory committee, created in 7.8 section 256B.093; 7.9 Minnesota commission serving deaf and hard-of-hearing 7.10 people, created in section 256C.28; 7.11 American Indian child welfare advisory council, created in 7.12 section 260.835; 7.13 Juvenile justice advisory committee, created in section 7.14 268.29; 7.15 Northeast Minnesota economic development fund technical 7.16 advisory committees, created in section 298.2213; 7.17 Iron range higher education committee, created in section 7.18 298.2214; 7.19 Northeast Minnesota economic protection trust fund 7.20 technical advisory committee, created in section 298.297; 7.21 Battered women'sAdvisory council on battered women and 7.22 domestic abuse, created in section 611A.34. 7.23 Sec. 4. Minnesota Statutes 1998, section 15.0591, 7.24 subdivision 2, is amended to read: 7.25 Subd. 2. [BODIES AFFECTED.] A member meeting the 7.26 qualifications in subdivision 1 must be appointed to the 7.27 following boards, commissions, advisory councils, task forces, 7.28 or committees: 7.29 (1) advisory council on battered women and domestic abuse; 7.30 (2) advisory task force on the use of state facilities; 7.31 (3) alcohol and other drug abuse advisory council; 7.32 (4) board of examiners for nursing home administrators; 7.33 (5) board on aging; 7.34 (6) chiropractic examiners board; 7.35 (7) consumer advisory council on vocational rehabilitation; 7.36 (8) council on disability; 8.1 (9) council on affairs of Chicano/Latino people; 8.2 (10) council on Black Minnesotans; 8.3 (11) dentistry board; 8.4 (12) department of economic security advisory council; 8.5 (13) higher education services office; 8.6 (14) housing finance agency; 8.7 (15) Indian advisory council on chemical dependency; 8.8 (16) medical practice board; 8.9 (17) medical policy directional task force on mental 8.10 health; 8.11 (18) Minnesota employment and economic development task 8.12 force; 8.13 (19) Minnesota office of citizenship and volunteer services 8.14 advisory committee; 8.15 (20) Minnesota state arts board; 8.16 (21) nursing board; 8.17 (22) optometry board; 8.18 (23) pharmacy board; 8.19 (24) physical therapists council; 8.20 (25) podiatry board; 8.21 (26) psychology board; 8.22 (27) veterans advisory committee. 8.23 Sec. 5. Minnesota Statutes 1998, section 119A.37, 8.24 subdivision 4, is amended to read: 8.25 Subd. 4. [ADDITIONAL SERVICES.] Each family visitation 8.26 center may provide parenting and child development classes, and 8.27 offer support groups to participating custodial parents and hold 8.28 regular classes designed to assist children who have experienced 8.29 domestic violence and abuse. Each family visitation center must 8.30 have available an individual knowledgeable about or experienced 8.31 in the provision of services to battered women and domestic 8.32 abuse victims on its staff, its board of directors, or otherwise 8.33 available to it for consultation. 8.34 Sec. 6. Minnesota Statutes 1998, section 120B.22, 8.35 subdivision 1, is amended to read: 8.36 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The 9.1 commissioner of children, families, and learning, in 9.2 consultation with the commissioners of health and human 9.3 services, state minority councils, battered women's and domestic 9.4 abuse programs, battered women's shelters, sexual assault 9.5 centers, representatives of religious communities, and the 9.6 assistant commissioner of the office of drug policy and violence 9.7 prevention, shall assist districts on request in developing or 9.8 implementing a violence prevention program for students in 9.9 kindergarten to grade 12 that can be integrated into existing 9.10 curriculum. The purpose of the program is to help students 9.11 learn how to resolve conflicts within their families and 9.12 communities in nonviolent, effective ways. 9.13 (b) Each district is encouraged to integrate into its 9.14 existing curriculum a program for violence prevention that 9.15 includes at least: 9.16 (1) a comprehensive, accurate, and age appropriate 9.17 curriculum on violence prevention, nonviolent conflict 9.18 resolution, sexual, racial, and cultural harassment, and student 9.19 hazing that promotes equality, respect, understanding, effective 9.20 communication, individual responsibility, thoughtful decision 9.21 making, positive conflict resolution, useful coping skills, 9.22 critical thinking, listening and watching skills, and personal 9.23 safety; 9.24 (2) planning materials, guidelines, and other accurate 9.25 information on preventing physical and emotional violence, 9.26 identifying and reducing the incidence of sexual, racial, and 9.27 cultural harassment, and reducing child abuse and neglect; 9.28 (3) a special parent education component of early childhood 9.29 family education programs to prevent child abuse and neglect and 9.30 to promote positive parenting skills, giving priority to 9.31 services and outreach programs for at-risk families; 9.32 (4) involvement of parents and other community members, 9.33 including the clergy, business representatives, civic leaders, 9.34 local elected officials, law enforcement officials, and the 9.35 county attorney; 9.36 (5) collaboration with local community services, agencies, 10.1 and organizations that assist in violence intervention or 10.2 prevention, including family-based services, crisis services, 10.3 life management skills services, case coordination services, 10.4 mental health services, and early intervention services; 10.5 (6) collaboration among districts and service cooperatives; 10.6 (7) targeting early adolescents for prevention efforts, 10.7 especially early adolescents whose personal circumstances may 10.8 lead to violent or harassing behavior; 10.9 (8) opportunities for teachers to receive in-service 10.10 training or attend other programs on strategies or curriculum 10.11 designed to assist students in intervening in or preventing 10.12 violence in school and at home; and 10.13 (9) administrative policies that reflect, and a staff that 10.14 models, nonviolent behaviors that do not display or condone 10.15 sexual, racial, or cultural harassment or student hazing. 10.16 (c) The department may provide assistance at a neutral site 10.17 to a nonpublic school participating in a district's program. 10.18 Sec. 7. Minnesota Statutes 1998, section 257.75, 10.19 subdivision 6, is amended to read: 10.20 Subd. 6. [PATERNITY EDUCATIONAL MATERIALS.] The 10.21 commissioner of human services shall prepare educational 10.22 materials for new and prospective parents that describe the 10.23 benefits and effects of establishing paternity. The materials 10.24 must include a description and comparison of the procedures for 10.25 establishment of paternity through a recognition of parentage 10.26 under this section and an adjudication of paternity under 10.27 sections 257.51 to 257.74. The commissioner shall consider the 10.28 use of innovative audio or visual approaches to the presentation 10.29 of the materials to facilitate understanding and presentation. 10.30 In preparing the materials, the commissioner shall consult with 10.31 child advocates and support workers, battered women's 10.32 advocates and advocates for domestic abuse victims, social 10.33 service providers, educators, attorneys, hospital 10.34 representatives, and people who work with parents in making 10.35 decisions related to paternity. The commissioner shall consult 10.36 with representatives of communities of color. On and after 11.1 January 1, 1994, the commissioner shall make the materials 11.2 available without cost to hospitals, requesting agencies, and 11.3 other persons for distribution to new parents. 11.4 Sec. 8. Minnesota Statutes 1998, section 518B.01, 11.5 subdivision 21, is amended to read: 11.6 Subd. 21. [ORDER FOR PROTECTION FORMS.] The state court 11.7 administrator, in consultation with the advisory council on 11.8 battered women and domestic abuse, city and county attorneys, 11.9 and legal advocates who work with victims, shall develop a 11.10 uniform order for protection form that will facilitate the 11.11 consistent enforcement of orders for protection throughout the 11.12 state. 11.13 Sec. 9. Minnesota Statutes 1998, section 611A.07, 11.14 subdivision 1, is amended to read: 11.15 Subdivision 1. [GENERALLY.] The commissioner of 11.16 corrections, after considering the recommendations of the 11.17 battered womenadvisory council on battered women and domestic 11.18 abuse and the sexual assault advisory council, and in 11.19 collaboration with the commissioner of public safety, shall 11.20 adopt standards governing electronic monitoring devices used to 11.21 protect victims of domestic abuse. In developing proposed 11.22 standards, the commissioner shall consider the experience of the 11.23 courts in the tenth judicial district in the use of the devices 11.24 to protect victims of domestic abuse. These standards shall 11.25 promote the safety of the victim and shall include measures to 11.26 avoid the disparate use of the device with communities of color, 11.27 product standards, monitoring agency standards, and victim 11.28 disclosure standards. 11.29 Sec. 10. Minnesota Statutes 1998, section 611A.32, 11.30 subdivision 1, is amended to read: 11.31 Subdivision 1. [GRANTS AWARDED.] The commissioner shall 11.32 award grants to programs which provide emergency shelter 11.33 services to battered women and support services to battered 11.34 women and domestic abuse victims and their children. The 11.35 commissioner shall also award grants for training, technical 11.36 assistance, and for the development and implementation of 12.1 education programs to increase public awareness of the causes of 12.2 battering, the solutions to preventing and ending domestic 12.3 violence, and the problems faced by battered women and domestic 12.4 abuse victims. Grants shall be awarded in a manner that ensures 12.5 that they are equitably distributed to programs serving 12.6 metropolitan and nonmetropolitan populations. By July 1, 1995, 12.7 community-based domestic abuse advocacy and support services 12.8 programs must be established in every judicial assignment 12.9 district. 12.10 Sec. 11. Minnesota Statutes 1998, section 611A.32, 12.11 subdivision 2, is amended to read: 12.12 Subd. 2. [APPLICATIONS.] Any public or private nonprofit 12.13 agency may apply to the commissioner for a grant to provide 12.14 emergency shelter services to battered women, support 12.15 services to domestic abuse victims, or both, to battered women 12.16 and their children. The application shall be submitted in a 12.17 form approved by the commissioner by rule adopted under chapter 12.18 14, after consultation with the advisory council, and shall 12.19 include: 12.20 (1) a proposal for the provision of emergency shelter 12.21 services for battered women, support services for domestic abuse 12.22 victims, or both, for battered women and their children; 12.23 (2) a proposed budget; 12.24 (3) evidence of an ability to integrate into the proposed 12.25 program the uniform method of data collection and program 12.26 evaluation established under sections 611A.33 and 611A.34; 12.27 (4) evidence of an ability to represent the interests of 12.28 battered women and domestic abuse victims and their children to 12.29 local law enforcement agencies and courts, county welfare 12.30 agencies, and local boards or departments of health; 12.31 (5) evidence of an ability to do outreach to unserved and 12.32 underserved populations and to provide culturally and 12.33 linguistically appropriate services; and 12.34 (6) any other content the commissioner may require by rule 12.35 adopted under chapter 14, after considering the recommendations 12.36 of the advisory council. 13.1 Programs which have been approved for grants in prior years 13.2 may submit materials which indicate changes in items listed in 13.3 clauses (1) to (6), in order to qualify for renewal funding. 13.4 Nothing in this subdivision may be construed to require programs 13.5 to submit complete applications for each year of renewal funding. 13.6 Sec. 12. Minnesota Statutes 1998, section 611A.32, 13.7 subdivision 3, is amended to read: 13.8 Subd. 3. [DUTIES OF GRANTEES.] Every public or private 13.9 nonprofit agency which receives a grant to provide emergency 13.10 shelter services to battered women and support services to 13.11 battered women and domestic abuse victims shall comply with all 13.12 rules of the commissioner related to the administration of the 13.13 pilot programs. 13.14 Sec. 13. Minnesota Statutes 1998, section 611A.32, 13.15 subdivision 5, is amended to read: 13.16 Subd. 5. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 13.17 Personal history information and other information collected, 13.18 used or maintained by a grantee from which the identity or 13.19 location of any battered womanvictim of domestic abuse may be 13.20 determined is private data on individuals, as defined in section 13.21 13.02, subdivision 12, and the grantee shall maintain the data 13.22 in accordance with the provisions of chapter 13. 13.23 Sec. 14. Minnesota Statutes 1998, section 611A.33, is 13.24 amended to read: 13.25 611A.33 [DUTIES OF COMMISSIONER.] 13.26 The commissioner shall: 13.27 (1) Review applications for and award grants to a program 13.28 pursuant to section 611A.32, subdivision 1, after considering 13.29 the recommendation of the advisory council; 13.30 (2) Appoint the members of the advisory council created 13.31 under section 611A.34, and provide consultative staff and other 13.32 administrative services to the advisory council; 13.33 (3) After considering the recommendation of the advisory 13.34 council, appoint a program director to perform the duties set 13.35 forth in section 611A.35; 13.36 (4) Design and implement a uniform method of collecting 14.1 data on battered womendomestic abuse victims to be used to 14.2 evaluate the programs funded under section 611A.32; 14.3 (5) Provide technical aid to applicants in the development 14.4 of grant requests and provide technical aid to programs in 14.5 meeting the data collection requirements established by the 14.6 commissioner; and 14.7 (6) Adopt, under chapter 14, all rules necessary to 14.8 implement the provisions of sections 611A.31 to 611A.36. 14.9 Sec. 15. Minnesota Statutes 1998, section 611A.34, 14.10 subdivision 1, is amended to read: 14.11 Subdivision 1. [GENERALLY.] The commissioner shall appoint 14.12 a 12-member advisory council to advise the commissioner on the 14.13 implementation and continued operation of sections 611A.31 to 14.14 611A.36. The battered women'sadvisory council on battered 14.15 women and domestic abuse shall also serve as a liaison between 14.16 the commissioner and organizations that provide services to 14.17 battered women and domestic abuse victims. Section 15.059 14.18 governs the filling of vacancies and removal of members of the 14.19 advisory council. The terms of the members of the advisory 14.20 council shall be two years. No member may serve on the advisory 14.21 council for more than two consecutive terms. Notwithstanding 14.22 section 15.059, the council shall not expire. Council members 14.23 shall not receive per diem, but shall receive expenses in the 14.24 same manner and amount as state employees. 14.25 Sec. 16. Minnesota Statutes 1998, section 611A.34, 14.26 subdivision 2, is amended to read: 14.27 Subd. 2. [MEMBERSHIP.] Persons appointed shall be 14.28 knowledgeable about and have experience or interest in issues 14.29 concerning battered women and domestic abuse victims, including 14.30 the need for effective advocacy services. The membership of the 14.31 council shall broadly represent the interests of battered 14.32 women and domestic abuse victims in Minnesota. No more than six 14.33 of the members of the battered women'sadvisory council on 14.34 battered women and domestic abuse may be representatives of 14.35 community or governmental organizations that provide services to 14.36 battered women and domestic abuse victims. One-half of the 15.1 council's members shall reside in the metropolitan area, 15.2 composed of Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, 15.3 and Carver counties, and one-half of the members shall reside in 15.4 the nonmetropolitan area. To the extent possible, 15.5 nonmetropolitan members must be representative of all 15.6 nonmetropolitan regions of the state. 15.7 Sec. 17. Minnesota Statutes 1998, section 611A.34, 15.8 subdivision 3, is amended to read: 15.9 Subd. 3. [DUTIES.] The advisory council shall: 15.10 (1) advise the commissioner on all planning, development, 15.11 data collection, rulemaking, funding, and evaluation of programs 15.12 and services for battered women and domestic abuse victims that 15.13 are funded under section 611A.32, other than matters of a purely 15.14 administrative nature; 15.15 (2) advise the commissioner on the adoption of rules under 15.16 chapter 14 governing the award of grants to ensure that funded 15.17 programs are consistent with section 611A.32, subdivision 1; 15.18 (3) recommend to the commissioner the names of five 15.19 applicants for the position of battered women'sdomestic abuse 15.20 program director; 15.21 (4) advise the commissioner on the rules adopted under 15.22 chapter 14 pursuant to section 611A.33; 15.23 (5) review applications received by the commissioner for 15.24 grants under section 611A.32 and make recommendations on the 15.25 awarding of grants; and 15.26 (6) advise the program director in the performance of 15.27 duties in the administration and coordination of the programs 15.28 funded under section 611A.32. 15.29 Sec. 18. Minnesota Statutes 1998, section 611A.345, is 15.30 amended to read: 15.31 611A.345 [ADVISORY COUNCIL RECOMMENDATIONS.] 15.32 The commissioner shall consider the advisory council's 15.33 recommendations before awarding grants or adopting policies 15.34 regarding the planning, development, data collection, 15.35 rulemaking, funding or evaluation of programs and services for 15.36 battered women and domestic abuse victims funded under section 16.1 611A.32. Before taking action on matters related to programs 16.2 and services for battered women and domestic abuse victims and 16.3 their children, except day-to-day administrative operations, the 16.4 commissioner shall notify the advisory council of the intended 16.5 action. Notification of grant award decisions shall be given to 16.6 the advisory council in time to allow the council to request 16.7 reconsideration. 16.8 Sec. 19. Minnesota Statutes 1998, section 611A.35, is 16.9 amended to read: 16.10 611A.35 [ BATTERED WOMEN'SADVISORY COUNCIL ON BATTERED 16.11 WOMEN AND DOMESTIC ABUSE PROGRAM DIRECTOR.] 16.12 The commissioner shall appoint a program director. In 16.13 appointing the program director the commissioner shall give due 16.14 consideration to the list of applicants submitted to the 16.15 commissioner pursuant to section 611A.34, subdivision 3, clause 16.16 (3). The program director shall administer the funds 16.17 appropriated for sections 611A.31 to 611A.36, consult with and 16.18 provide staff to the advisory council, and perform other duties 16.19 related to battered women's and domestic abuse programs as the 16.20 commissioner may assign. The program director shall serve at 16.21 the pleasure of the commissioner in the unclassified service. 16.22 Sec. 20. Minnesota Statutes 1998, section 611A.36, 16.23 subdivision 1, is amended to read: 16.24 Subdivision 1. [FORM PRESCRIBED.] The commissioner shall, 16.25 by rule adopted under chapter 14, after considering the 16.26 recommendations of the advisory council, prescribe a uniform 16.27 form and method for the collection of data on battered16.28 womendomestic abuse victims. The method and form of data 16.29 collection shall be designed to document the incidence of 16.30 assault on battered womendomestic abuse victims as defined in 16.31 section 611A.31, subdivision 2. All data collected by the 16.32 commissioner pursuant to this section shall be summary data 16.33 within the meaning of section 13.02, subdivision 19. 16.34 Sec. 21. Minnesota Statutes 1998, section 611A.36, 16.35 subdivision 2, is amended to read: 16.36 Subd. 2. [MANDATORY DATA COLLECTION.] Every local law 17.1 enforcement agency shall collect data related to battered women17.2 domestic abuse victims in the form required by the 17.3 commissioner. The data shall be collected and transmitted to 17.4 the commissioner at such times as the commissioner shall, by 17.5 rule, require. 17.6 Sec. 22. [611A.37] [DEFINITIONS.] 17.7 Subdivision 1. [SCOPE.] For purposes of sections 23 to 27, 17.8 the terms defined have the meanings given them unless otherwise 17.9 provided or indicated by the context. 17.10 Subd. 2. [DIRECTOR.] "Director" means the director of the 17.11 Minnesota center for crime victim services or a designee. 17.12 Subd. 3. [CENTER.] "Center" means the Minnesota center for 17.13 crime victim services. 17.14 Subd. 4. [SHELTER FACILITY.] "Shelter facility" means a 17.15 secure crisis shelter, housing network, safe home, or other 17.16 facility operated by a nonprofit organization and designated by 17.17 the center for the purpose of providing food, lodging, safety, 17.18 and 24-hour coverage for battered women and their children. 17.19 Subd. 5. [DESIGNATED SHELTER FACILITY.] "Designated 17.20 shelter facility" means a facility that has applied to, and been 17.21 approved by, the center to provide shelter and services to 17.22 battered women and their children. 17.23 Subd. 6. [PER DIEM RATE.] "Per diem rate" means a daily 17.24 charge per person for providing food, lodging, safety, and 17.25 24-hour coverage for battered women and their children. 17.26 Subd. 7. [RESERVE AMOUNT.] "Reserve amount" means the 17.27 amount the center has reserved for each shelter facility. 17.28 Subd. 8. [BATTERED WOMAN.] "Battered woman" has the 17.29 meaning given in section 611A.31, subdivision 2. 17.30 Sec. 23. [611A.371] [PROGRAM OPERATION.] 17.31 Subdivision 1. [PURPOSE.] The purpose of the per diem 17.32 program is to provide reimbursement in a timely, efficient 17.33 manner to local programs for the reasonable and necessary costs 17.34 of providing battered women and their children with food, 17.35 lodging, and safety. Per diem funding may not be used for other 17.36 purposes. 18.1 Subd. 2. [NONDISCRIMINATION.] Designated shelter 18.2 facilities are prohibited from discriminating against a battered 18.3 woman or her children on the basis of race, color, creed, 18.4 religion, national origin, marital status, status with regard to 18.5 public assistance, disability, or sexual orientation. 18.6 Subd. 3. [DATA.] Personal history information collected, 18.7 used, or maintained by a designated shelter facility from which 18.8 the identity or location of any battered woman may be determined 18.9 is private data on individuals, as defined in section 13.02, 18.10 subdivision 12, and the facility shall maintain the data in 18.11 accordance with the provisions of chapter 13. 18.12 Sec. 24. [611A.372] [DUTIES OF THE DIRECTOR.] 18.13 In addition to any other duties imposed by law, the 18.14 director, with the approval of the commissioner of public 18.15 safety, shall: 18.16 (1) supervise the administration of per diem payments to 18.17 designated shelter facilities; 18.18 (2) collect data on shelter facilities; 18.19 (3) conduct an annual evaluation of the per diem program; 18.20 (4) report to the governor and the legislature on the need 18.21 for emergency secure shelter; and 18.22 (5) develop an application process for shelter facilities 18.23 to follow in seeking reimbursement under the per diem program. 18.24 Sec. 25. [611A.373] [PAYMENTS.] 18.25 Subdivision 1. [PAYMENT REQUESTS.] Designated shelter 18.26 facilities may submit requests for payment monthly based on the 18.27 number of persons housed. Upon approval of the request for 18.28 payment by the center, payments shall be made directly to 18.29 designated shelter facilities from per diem funds on behalf of 18.30 women and their children who reside in the shelter facility. 18.31 Payments made to a designated shelter facility must not exceed 18.32 the annual reserve amount for that facility unless approved by 18.33 the director. These payments must not affect the eligibility of 18.34 individuals who reside in shelter facilities for public 18.35 assistance benefits, except when required by federal law or 18.36 regulation. 19.1 Subd. 2. [RESERVE AMOUNT.] The center shall calculate 19.2 annually the reserve amount for each designated shelter 19.3 facility. This calculation may be based upon program type, 19.4 average occupancy rates, and licensed capacity limits. The 19.5 total of all reserve amounts shall not exceed the legislative 19.6 per diem appropriation. 19.7 Sec. 26. [611A.375] [APPEAL PROCESS.] 19.8 (a) Except as provided in paragraph (b), a designated 19.9 shelter facility may, within 30 days after receiving a decision 19.10 by the center to deny payment, request reconsideration. A 19.11 designated shelter facility which is denied payment upon 19.12 reconsideration is entitled to a contested case hearing within 19.13 the meaning of chapter 14. 19.14 (b) A facility may not appeal a decision by the center to 19.15 deny payments in excess of the facility's reserve amount. 19.16 Sec. 27. Minnesota Statutes 1999 Supplement, section 19.17 626.558, subdivision 1, is amended to read: 19.18 Subdivision 1. [ESTABLISHMENT OF THE TEAM.] A county shall 19.19 establish a multidisciplinary child protection team that may 19.20 include, but not be limited to, the director of the local 19.21 welfare agency or designees, the county attorney or designees, 19.22 the county sheriff or designees, representatives of health and 19.23 education, representatives of mental health or other appropriate 19.24 human service or community-based agencies, and parent groups. 19.25 As used in this section, a "community-based agency" may include, 19.26 but is not limited to, schools, social service agencies, family 19.27 service and mental health collaboratives, early childhood and 19.28 family education programs, Head Start, or other agencies serving 19.29 children and families. A member of the team must be designated 19.30 as the lead person of the team responsible for the planning 19.31 process to develop standards for its activities with battered 19.32 women's and domestic abuse programs and services. 19.33 Sec. 28. Minnesota Statutes 1998, section 629.342, 19.34 subdivision 2, is amended to read: 19.35 Subd. 2. [POLICIES REQUIRED.] (a) By July 1, 1993, each 19.36 law enforcement agency shall develop, adopt, and implement a 20.1 written policy regarding arrest procedures for domestic abuse 20.2 incidents. In the development of a policy, each law enforcement 20.3 agency shall consult with domestic abuse advocates, community 20.4 organizations, and other law enforcement agencies with expertise 20.5 in the recognition and handling of domestic abuse incidents. 20.6 The policy shall discourage dual arrests, include consideration 20.7 of whether one of the parties acted in self defense, and provide 20.8 guidance to officers concerning instances in which officers 20.9 should remain at the scene of a domestic abuse incident until 20.10 the likelihood of further imminent violence has been eliminated. 20.11 (b) The bureau of criminal apprehension, the board of peace 20.12 officer standards and training, and the battered women's20.13 advisory council on battered women and domestic abuse appointed 20.14 by the commissioner of corrections under section 611A.34, in 20.15 consultation with the Minnesota chiefs of police association, 20.16 the Minnesota sheriffs association, and the Minnesota police and 20.17 peace officers association, shall develop a written model policy 20.18 regarding arrest procedures for domestic abuse incidents for use 20.19 by local law enforcement agencies. Each law enforcement agency 20.20 may adopt the model policy in lieu of developing its own policy 20.21 under the provisions of paragraph (a). 20.22 (c) Local law enforcement agencies that have already 20.23 developed a written policy regarding arrest procedures for 20.24 domestic abuse incidents before July 1, 1992, are not required 20.25 to develop a new policy but must review their policies and 20.26 consider the written model policy developed under paragraph (b). 20.27 Sec. 29. Minnesota Statutes 1998, section 629.72, 20.28 subdivision 6, is amended to read: 20.29 Subd. 6. [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 20.30 (a) Immediately after issuance of a citation in lieu of 20.31 continued detention under subdivision 1, or the entry of an 20.32 order for release under subdivision 2, but before the arrested 20.33 person is released, the agency having custody of the arrested 20.34 person or its designee must make a reasonable and good faith 20.35 effort to inform orally the alleged victim, local law 20.36 enforcement agencies known to be involved in the case, if 21.1 different from the agency having custody, and, at the victim's 21.2 request any local battered women's and domestic abuse programs 21.3 established under section 611A.32 or sexual assault programs of: 21.4 (1) the conditions of release, if any; 21.5 (2) the time of release; 21.6 (3) the time, date, and place of the next scheduled court 21.7 appearance of the arrested person and the victim's right to be 21.8 present at the court appearance; and 21.9 (4) if the arrested person is charged with domestic abuse, 21.10 the location and telephone number of the area battered women's 21.11 shelter as designated by the department of corrections. 21.12 (b) As soon as practicable after an order for conditional 21.13 release is entered, the agency having custody of the arrested 21.14 person or its designee must personally deliver or mail to the 21.15 alleged victim a copy of the written order and written notice of 21.16 the information in paragraph (a), clauses (2) and (3). 21.17 Sec. 30. [EFFECTIVE DATE.] 21.18 Article 2 is effective July 1, 2000.