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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  
    Laws of Minnesota 1993 

                        CHAPTER 146-S.F.No. 1503 
           An act relating to the organization and operation of 
          state government; appropriating money for public 
          defense, criminal justice, corrections, and related 
          purposes; appropriating money for youth community 
          service and work-based learning programs; providing 
          for the transfer of certain money in the state 
          treasury; amending Minnesota Statutes 1992, sections 
          3.732, subdivision 1; 15A.081, subdivision 1; 43A.02, 
          subdivision 25; 43A.24, subdivision 2; 121.88, 
          subdivision 9; 124.2713, subdivision 5; 124C.46, 
          subdivision 1; 169.1265, subdivision 1; 241.01, 
          subdivision 5; 241.43, subdivision 2; 242.195, 
          subdivision 1; 242.51; 245.98, by adding a 
          subdivision; 270B.14, by adding a subdivision; 
          349A.02, subdivision 1; 349A.03, subdivision 2; 
          357.24; 401.13; 611.17; 611.20; 611.216, by adding a 
          subdivision; 611.25, subdivision 3; 611.26, 
          subdivision 3; 611.27, subdivision 4; 611.271; and 
          626.861, subdivision 4; proposing coding for new law 
          in Minnesota Statutes, chapters 121; and 611; 
          repealing Minnesota Statutes 1992, section 349A.03, 
          subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1
Section 1.  APPROPRIATION SUMMARY - ALL ARTICLES 
                           1994          1995          TOTAL
General
                      $ 231,294,000 $ 240,608,000 $ 471,902,000
Special Revenue
                          4,136,000     4,136,000     8,272,000
Workers' Compensation
                          1,284,000     1,294,000     2,578,000
TOTAL
                      $ 236,714,000 $ 246,038,000 $ 482,752,000

                               ARTICLE 2 
Section 1.  CRIMINAL JUSTICE; APPROPRIATIONS 
    The sums shown in the columns marked "APPROPRIATIONS" are 
appropriated from the general fund, or another fund named, to 
the agencies and for the purposes specified in this article, to 
be available for the fiscal years indicated for each purpose.  
The figures "1994" and "1995," where used in this article, mean 
that the appropriation or appropriations listed under them are 
available for the year ending June 30, 1994 or June 30, 1995, 
respectively.  

                            SUMMARY BY FUND
                           1994          1995          TOTAL
General
                      $ 224,477,000 $ 234,012,000 $ 458,489,000
Special Revenue
                          4,136,000     4,136,000     8,272,000
TOTAL
                      $ 228,613,000 $ 238,148,000 $ 466,761,000
                                           APPROPRIATIONS 
                                       Available for the Year 
                                           Ending June 30 
                                          1994         1995 
Sec. 2.  BOARD OF PEACE OFFICER 
STANDARDS AND TRAINING              $   4,136,000 $   4,136,000
 This appropriation is from the peace 
officers training account in the 
special revenue fund.  Any funds 
deposited into the peace officer 
training account in the special revenue 
fund in fiscal year 1994 or fiscal year 
1995 in excess of $4,136,000 must be 
transferred and credited to the general 
fund. 
 By February 1, 1994, the peace officer 
standards and training board shall 
report and make recommendations 
regarding reimbursements to local units 
of government for continuing 
education.  This report shall include 
state and local goals for peace officer 
education, curriculum requirements for 
reimbursement, and an analysis of the 
current availability and quality of 
programs.  The board shall develop a 
recommendation regarding a methodology 
for reimbursement that allocates 
resources equitably across the state 
and within a local unit of government; 
that reimburses for actual expenses 
incurred; and that ensures 
accountability for the use of 
reimbursement funds. 
 The board also shall make 
recommendations regarding the use of 
appropriations from penalty assessments 
for the improvement of law enforcement 
education, such as development of 
graduate programs, scholarships, 
research programs, and degree incentive 
programs. 
Sec. 3.  BOARD OF PUBLIC DEFENSE 
Subdivision 1.  Total       
Appropriation                          25,885,000    25,885,000
 None of this appropriation shall be 
used to pay for lawsuits against public 
agencies or public officials to change 
social or public policy.  
 The amounts that may be spent from this 
appropriation for each program are 
specified in this subdivision and the 
following subdivisions. 
Subd. 2.  State Public      
Defender 
     2,415,000      2,415,000
 During the biennium, legal assistance 
to Minnesota prisoners shall serve the 
civil legal needs of persons confined 
to state institutions. 
Subd. 3.  District Public   
Defense  
    21,943,000     21,943,000 
 Of this appropriation, $551,000 the 
first year and $619,000 the second year 
are for provision of group insurance 
coverage to district public defenders 
who meet the eligibility standards set 
by the board of public defense in 
consultation with the commissioner of 
employee relations. 
Subd. 4.  Board of Public   
Defense  
     1,527,000      1,527,000
 $904,000 each year is for grants to the 
five existing public defense 
corporations under Minnesota Statutes, 
section 611.216. 
 $50,000 the first year is for Indian 
child welfare defense corporation 
grants under Minnesota Statutes, 
section 611.216, subdivision 1a, as 
added by this act, to be available 
until June 30, 1995.  The funds must be 
matched dollar for dollar by nonstate 
funds.  This is a one-time 
appropriation.  
Subd. 5.  Transfers 
The board of public defense may 
transfer unencumbered balances among 
the programs specified in this section 
after notifying the commissioner of 
finance.  The transfer must be reported 
immediately to the committee on finance 
of the senate and the house of 
representatives ways and means 
committee. 
Sec. 4.  CORRECTIONS                 197,796,000    207,352,000
 The amounts that may be spent from the 
appropriation for each program and 
activity are more specifically 
described in the following subdivisions.
 Any unencumbered balances remaining in 
the first year do not cancel but are 
available for the second year of the 
biennium. 
 Positions and administrative money may 
be transferred within the department of 
corrections as the commissioner 
considers necessary, upon the advance 
approval of the commissioner of finance.
 For the biennium ending June 30, 1995, 
the commissioner of corrections may, 
with the approval of the commissioner 
of finance, transfer funds to or from 
salaries. 
 For the biennium ending June 30, 1995, 
and notwithstanding Minnesota Statutes, 
section 243.51, the commissioner of 
corrections may enter into agreements 
with the appropriate officials of any 
state, political subdivision, or the 
United States, for housing prisoners in 
Minnesota correctional facilities.  
Money received under the agreements is 
appropriated to the commissioner for 
correctional purposes. 
 During the biennium ending June 30, 
1995, whenever offenders are assigned 
for the purpose of work under agreement 
with a state department or agency, 
local unit of government, or other 
government subdivision, the state 
department or agency, local unit of 
government, or other government 
subdivision must certify to the 
appropriate bargaining agent that the 
work performed by inmates will not 
result in the displacement of currently 
employed workers or workers on seasonal 
layoff or layoff from a substantially 
equivalent position, including partial 
displacement such as reduction in hours 
of nonovertime work, wages, or other 
employment benefits. 
 The commissioner of corrections shall 
discuss with the office of tourism the 
feasibility of using prison inmates in 
the office's tourism promotion program 
to respond to telephone inquiries 
concerning Minnesota's tourism and 
recreational opportunities. 
The commissioner of corrections shall 
meet with the chairs of the house 
judiciary committee and judiciary 
finance division and the senate crime 
prevention committee and crime 
prevention finance division or their 
designees, and with representatives of 
community corrections agencies in order 
to:  (1) develop a long-range plan for 
adequately incarcerating convicted 
offenders who have failed to abide by 
their conditions of probation; and (2) 
consider whether per diem fees should 
be assessed to counties for the costs 
of confining juveniles at the Minnesota 
correctional facilities at Sauk Centre 
and Red Wing. 
The representatives of community 
corrections agencies shall be selected 
as follows:  two persons selected by 
the Minnesota association of community 
corrections act counties, one from a 
metropolitan county and one from a 
nonmetropolitan county; and two persons 
selected by the Minnesota association 
of county probation officers, one from 
a metropolitan county and one from a 
nonmetropolitan county. 
The commissioner shall report the 
findings and recommendations of this 
group to the legislature by February 1, 
1994. 
Subdivision 1.  Correctional 
Institutions  
   135,574,000    141,592,000
The commissioner of corrections shall 
develop criteria and prepare guidelines 
to be used by the department of 
corrections in future planning for (1) 
the capacities, needs, location, and 
security level of correctional 
facilities; (2) the proximity of 
correctional facilities to the origin 
of the inmate population; and (3) the 
recruitment and retention of a 
qualified workforce.  The criteria and 
guidelines shall include the potential 
and projected availability of 
state-owned facilities, the potential 
use of vacant governmental facilities 
for use as state-owned or managed 
correctional facilities, the cost 
effectiveness of converting these 
facilities compared with new 
construction, and the availability of 
state employees from other state 
agencies as a potential workforce 
pool.  The commissioner may consult 
with staff from the department of 
administration, building construction 
division, in the development of the 
guidelines.  The guidelines shall be 
presented to the house judiciary 
committee, the senate crime prevention 
committee, and their finance divisions 
by February 1, 1994. 
 The advisory task force on the juvenile 
justice system is requested to assess 
the state's need for juvenile 
correctional facilities.  The task 
force shall make recommendations 
regarding the need for secure juvenile 
detention centers to house both 
preadjudicated and postadjudicated 
juveniles.  These recommendations shall 
address whether the centers should be 
regionally based or state controlled 
and whether they should provide 
long-term or short-term detention 
programs.  The task force is requested 
to include its recommendations on this 
issue in the report it submits to the 
legislature on December 1, 1993. 
Subd. 2.  Community Services 
    47,538,000     49,489,000
 Of this amount, $500,000 is for grants 
to counties under Minnesota Statutes, 
section 169.1265, to pay the costs of 
developing and operating intensive 
probation programs for repeat DWI 
offenders.  
$594,000 shall be transferred in fiscal 
year 1995 from this appropriation to 
the community corrections act for base 
level funding for Stearns county. 
 A working group is created to study the 
funding and delivery of correctional 
services at the community level.  The 
working group will consist of 
representatives from and appointed by 
the following agencies and 
organizations:  the governor's office, 
four members of the legislature (one 
senator and one state representative 
appointed by the majority caucuses in 
each body; and one senator and one 
state representative appointed by the 
minority caucus in each body); the 
department of corrections, the 
Minnesota association of county 
probation officers, the Minnesota 
association of community corrections 
act counties, the association of 
Minnesota counties, the metropolitan 
inter-county association, and the 
conference of chief judges. 
The working group shall study whether: 
(1) community corrections service 
delivery systems should be based at the 
county or state level; 
(2) a single funding system should be 
instituted for county operations; 
(3) the community corrections act 
funding formula should be changed; and 
(4) whether small counties under a new 
funding system should be required to 
regionalize their service delivery 
systems.  The group shall report its 
findings and recommendations to the 
appropriate committees of the 
legislature by February 1, 1994. 
Subd. 3.  Management Services  
    14,684,000     16,271,000
 Of this amount, $400,000 is for new 
battered women's shelters.  
 When awarding grants for victim's 
programs and services, the commissioner 
shall give priority to geographic areas 
that are unserved or underserved by 
programs or services. 
 Of this amount, $500,000 is 
appropriated to the commissioner of 
corrections for mini-computer 
upgrades.  Before the department may 
purchase the upgrades, the department 
must demonstrate to the information 
policy office that the upgrades will 
meet processing needs. 
 Subd. 4.  Transfers 
The commissioner of corrections may 
transfer unencumbered balances among 
the programs specified in this section 
after getting the approval of the 
commissioner of finance.  The 
commissioner of finance shall not 
approve a transfer unless the 
commissioner believes that it will 
carry out the intent of the 
legislature.  The transfer must be 
reported immediately to the committee 
on finance of the senate and the house 
of representatives ways and means 
committee. 
Sec. 5.  CORRECTIONS OMBUDSMAN            459,000        459,000
Sec. 6.  SENTENCING GUIDELINES 
COMMISSION                                337,000        316,000
Sec. 7.  UNCODIFIED LANGUAGE 
 All uncodified language contained in 
this article expires on June 30, 1995, 
unless a different expiration is 
explicit. 
    Sec. 8.  Minnesota Statutes 1992, section 3.732, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] As used in this section and 
section 3.736 the terms defined in this section have the 
meanings given them. 
    (1) "State" includes each of the departments, boards, 
agencies, commissions, courts, and officers in the executive, 
legislative, and judicial branches of the state of Minnesota and 
includes but is not limited to the housing finance agency, the 
higher education coordinating board, the higher education 
facilities authority, the armory building commission, the 
zoological board, the iron range resources and rehabilitation 
board, the state agricultural society, the University of 
Minnesota, state universities, community colleges, state 
hospitals, and state penal institutions.  It does not include a 
city, town, county, school district, or other local governmental 
body corporate and politic. 
    (2) "Employee of the state" means all present or former 
officers, members, directors, or employees of the state, members 
of the Minnesota national guard, members of a bomb disposal unit 
approved by the commissioner of public safety and employed by a 
municipality defined in section 466.01 when engaged in the 
disposal or neutralization of bombs outside the jurisdiction of 
the municipality but within the state, or persons acting on 
behalf of the state in an official capacity, temporarily or 
permanently, with or without compensation.  It does not include 
either an independent contractor or members of the Minnesota 
national guard while engaged in training or duty under United 
States Code, title 10, or title 32, section 316, 502, 503, 504, 
or 505, as amended through December 31, 1983.  Notwithstanding 
sections 43A.02 and 611.263, for purposes of this section and 
section 3.736 only, "employee of the state" includes a district 
public defender appointed by the state board of public 
defense or assistant district public defender in the second or 
fourth judicial district. 
    (3) "Scope of office or employment" means that the employee 
was acting on behalf of the state in the performance of duties 
or tasks lawfully assigned by competent authority. 
    (4) "Judicial branch" has the meaning given in section 
43A.02, subdivision 25. 
    Sec. 9.  Minnesota Statutes 1992, section 43A.02, 
subdivision 25, is amended to read: 
    Subd. 25.  [JUDICIAL BRANCH.] "Judicial branch" means all 
judges of the appellate courts, all employees of the appellate 
courts, including commissions, boards, and committees 
established by the supreme court, the board of law examiners, 
the law library, the office of the state public defender, 
district public defenders and their employees, all judges of all 
courts of law, district court referees, judicial officers, court 
reporters, law clerks, district administration employees under 
section 484.68, court administrator or employee of the court and 
guardian ad litem program employees in the eighth judicial 
district, and other agencies placed in the judicial branch by 
law.  Judicial branch does not include district 
administration or public defenders or their employees in the 
second and fourth judicial districts, court administrators or 
their staff under chapter 485, guardians ad litem, or other 
employees within the court system whose salaries are paid by the 
county, other than employees who remain on the county payroll 
under section 480.181, subdivision 2.  
    Sec. 10.  Minnesota Statutes 1992, section 43A.24, 
subdivision 2, is amended to read: 
    Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
are eligible for state paid life insurance and hospital, 
medical, and dental benefits as determined in applicable 
collective bargaining agreements or by the commissioner or by 
plans pursuant to section 43A.18, subdivision 6, or by the board 
of regents for employees of the University of Minnesota not 
covered by collective bargaining agreements.  Coverages made 
available, including optional coverages, are as contained in the 
plan established pursuant to section 43A.18, subdivision 2. 
    (a) a member of the state legislature, provided that 
changes in benefits resulting in increased costs to the state 
shall not be effective until expiration of the term of the 
members of the existing house of representatives.  An eligible 
member of the state legislature may decline to be enrolled for 
state paid coverages by filing a written waiver with the 
commissioner.  The waiver shall not prohibit the member from 
enrolling the member or dependents for optional coverages, 
without cost to the state, as provided for in section 43A.26.  A 
member of the state legislature who returns from a leave of 
absence to a position previously occupied in the civil service 
shall be eligible to receive the life insurance and hospital, 
medical, and dental benefits to which the position is entitled; 
       (b) a permanent employee of the legislature or a permanent 
employee of a permanent study or interim committee or commission 
or a state employee on leave of absence to work for the 
legislature, during a regular or special legislative session; 
     (c) a judge of the appellate courts or an officer or 
employee of these courts; a judge of the district court, a judge 
of county court, a judge of county municipal court, or a judge 
of probate court; a district court referee, judicial officer, 
court reporter, or law clerk; a district administrator; an 
employee of the office of the district administrator that is not 
in the second or fourth judicial district; a court administrator 
or employee of the court administrator in the eighth judicial 
district, and a guardian ad litem program administrator in the 
eighth judicial district; 
     (d) a salaried employee of the public employees retirement 
association; 
     (e) a full-time military or civilian officer or employee in 
the unclassified service of the department of military affairs 
whose salary is paid from state funds; 
     (f) a salaried employee of the Minnesota historical 
society, whether paid from state funds or otherwise, who is not 
a member of the governing board; 
     (g) an employee of the regents of the University of 
Minnesota; 
     (h) notwithstanding section 43A.27, subdivision 3, an 
employee of the state of Minnesota or the regents of the 
University of Minnesota who is at least 60 and not yet 65 years 
of age on July 1, 1982, who is otherwise eligible for employee 
and dependent insurance and benefits pursuant to section 43A.18 
or other law, who has at least 20 years of service and retires, 
earlier than required, within 60 days of March 23, 1982; or an 
employee who is at least 60 and not yet 65 years of age on July 
1, 1982, who has at least 20 years of state service and retires, 
earlier than required, from employment at Rochester state 
hospital after July 1, 1981; or an employee who is at least 55 
and not yet 65 years of age on July 1, 1982, and is covered by 
the Minnesota state retirement system correctional employee 
retirement plan or the state patrol retirement fund, who has at 
least 20 years of state service and retires, earlier than 
required, within 60 days of March 23, 1982.  For purposes of 
this clause, a person retires when the person terminates active 
employment in state or University of Minnesota service and 
applies for a retirement annuity.  Eligibility shall cease when 
the retired employee attains the age of 65, or when the employee 
chooses not to receive the annuity that the employee has applied 
for.  The retired employee shall be eligible for coverages to 
which the employee was entitled at the time of retirement, 
subject to any changes in coverage through collective bargaining 
or plans established pursuant to section 43A.18, for employees 
in positions equivalent to that from which retired, provided 
that the retired employee shall not be eligible for state-paid 
life insurance.  Coverages shall be coordinated with relevant 
health insurance benefits provided through the federally 
sponsored Medicare program; and 
    (i) an employee of an agency of the state of Minnesota 
identified through the process provided in this paragraph who is 
eligible to retire prior to age 65.  The commissioner and the 
exclusive representative of state employees shall enter into 
agreements under section 179A.22 to identify employees whose 
positions are in programs that are being permanently eliminated 
or reduced due to federal or state policies or practices.  
Failure to reach agreement identifying these employees is not 
subject to impasse procedures provided in chapter 179A.  The 
commissioner must prepare a plan identifying eligible employees 
not covered by a collective bargaining agreement in accordance 
with the process outlined in section 43A.18, subdivisions 2 and 
3.  For purposes of this paragraph, a person retires when the 
person terminates active employment in state service and applies 
for a retirement annuity.  Eligibility ends as provided in the 
agreement or plan, but must cease at the end of the month in 
which the retired employee chooses not to receive an annuity, or 
the employee is eligible for employer-paid health insurance from 
a new employer.  The retired employees shall be eligible for 
coverages to which they were entitled at the time of retirement, 
subject to any changes in coverage through collective bargaining 
or plans established under section 43A.18 for employees in 
positions equivalent to that from which they retired, provided 
that the retired employees shall not be eligible for state-paid 
life insurance; and 
    (j) employees of the state public defender's office, and 
district public defenders and their employees other than in the 
second and fourth judicial districts, with eligibility 
determined by the state board of public defense in consultation 
with the commissioner of employee relations. 
    Sec. 11.  Minnesota Statutes 1992, section 169.1265, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GRANT APPLICATION.] The commissioner 
commissioners of public safety corrections and public safety, in 
cooperation with the commissioners commissioner of human 
services and corrections, shall jointly administer a program to 
provide grants to counties to establish and operate programs of 
intensive probation for repeat violators of the driving while 
intoxicated laws.  The commissioner commissioners shall adopt an 
application form on which a county or a group of counties may 
apply for a grant to establish and operate a DWI repeat offender 
program. 
    Sec. 12.  Minnesota Statutes 1992, section 241.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [TRAINING PROGRAM.] For the maintenance of 
adequate standards of operation in discharging the functions of 
the department, obtaining suitable candidates for positions for 
which there is a scarcity of qualified applicants, and the 
development of more effective treatment programs directed toward 
the correction and rehabilitation of persons found delinquent or 
guilty of crimes, and of more effective delinquency prevention 
the commissioner of corrections shall establish a training 
program including but not limited to in-service, preservice, 
internship and scholarship programs, and an operational research 
program.  Within the limits of appropriations available, the 
commissioner may provide educational stipends or tuition 
reimbursement in such amounts and upon such terms and conditions 
as may be determined jointly by the commissioner of employee 
relations.  Within the limits of appropriations therefor the 
commissioner shall establish and provide personnel, facilities 
and equipment for research and study to evaluate the 
effectiveness of correctional treatment in camps, facilities, 
probation and parole investigation and supervision and 
delinquency prevention. 
    The commissioner may provide training to public or private 
agencies or organizations and may require the participating 
agencies or organizations to pay all or part of the costs of the 
training.  All sums of money received pursuant to the agreements 
shall not cancel until the end of the fiscal year immediately 
following the fiscal year in which the funds were received.  The 
funds are available for use by the commissioner during that 
period and are appropriated annually to the commissioner of 
corrections for the purposes of this subdivision.  Beginning 
July 1, 1994, the commissioner shall report annually to the 
chairs of the house ways and means committee and the senate 
finance committee on the amount and use of funds received under 
this subdivision. 
    Sec. 13.  Minnesota Statutes 1992, section 241.43, 
subdivision 2, is amended to read: 
    Subd. 2.  The ombudsman shall designate a deputy may 
appoint an assistant ombudsman in the unclassified service.  
     Sec. 14.  Minnesota Statutes 1992, section 242.195, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SEX OFFENDER PROGRAMS.] (a) The 
commissioner of corrections shall provide for a range of sex 
offender programs, including intensive sex offender programs, 
for juveniles within state juvenile correctional facilities and 
through purchase of service from county and private residential 
and outpatient juvenile sex offender programs.  
    (b) The commissioner shall establish and operate a juvenile 
residential sex offender program at one of the state juvenile 
correctional facilities.  The program must be structured to 
address both the therapeutic and disciplinary needs of juvenile 
sex offenders.  The program must afford long-term residential 
treatment for a range of juveniles who have committed sex 
offenses and have failed other treatment programs or are not 
likely to benefit from an outpatient or a community-based 
residential treatment program. 
    Sec. 15.  Minnesota Statutes 1992, section 242.51, is 
amended to read: 
    242.51 [THE MINNESOTA CORRECTIONAL FACILITY-SAUK CENTRE.] 
    There is established the Minnesota correctional 
facility-Sauk Centre at Sauk Centre, Minnesota, in which may be 
placed persons committed to the commissioner of corrections by 
the courts of this state who, in the opinion of the 
commissioner, may benefit from the programs available thereat.  
The general control and management of the facility shall be 
under the commissioner of corrections. 
    The commissioner shall charge counties or other appropriate 
jurisdictions for the actual per diem cost of confinement of 
juveniles at the Minnesota correctional facility-Sauk Centre.  
    The commissioner shall annually determine costs making 
necessary adjustments to reflect the actual costs of 
confinement.  All money received under this section must be 
deposited to the general fund. 
     Sec. 16.  Minnesota Statutes 1992, section 270B.14, is 
amended by adding a subdivision to read: 
    Subd. 12.  [DISCLOSURE TO DISTRICT COURT.] (a) The 
commissioner may disclose return information to the district 
court concerning returns filed under chapter 290, as limited by 
paragraph (b), as necessary to verify income information in 
order to determine public defender eligibility. 
    (b) The commissioner may disclose to the district court 
only the name and any relevant information from the most 
recently filed tax returns of persons seeking representation by 
a public defender. 
    (c) Data received under this subdivision may be used for 
the purposes of determining public defender eligibility under 
section 611.17 and shall be private and for the exclusive use of 
the court except for any prosecution under section 609.48. 
    Sec. 17.  Minnesota Statutes 1992, section 357.24, is 
amended to read: 
    357.24 [CRIMINAL CASES.] 
    Witnesses for the state in criminal cases and witnesses 
attending on behalf of any defendant represented by a public 
defender or an attorney performing public defense work for a 
public defense corporation under section 611.216, shall receive 
the same fees for travel and attendance as provided in section 
357.22, and.  Judges also may, in their discretion, allow like 
fees to witnesses attending in behalf of any other defendant.  
In addition these witnesses shall receive reasonable expenses 
actually incurred for meals, loss of wages and child care, not 
to exceed $40 per day.  When a defendant is represented by a 
public defender or an attorney performing public defense work 
for a public defense corporation under section 611.216, neither 
the defendant nor the public defender shall be charged for any 
subpoena fees or for service of subpoenas by a public official.  
The compensation and reimbursement shall be paid out of the 
county treasury.  
    Sec. 18.  Minnesota Statutes 1992, section 401.13, is 
amended to read: 
    401.13 [CHARGES MADE TO COUNTIES.] 
    Each participating county will be charged a sum equal to 
the actual per diem cost of confinement of those juveniles 
committed to the commissioner after August 1, 1973, and confined 
in a state correctional facility.  Provided, however, that the 
amount charged a participating county for the costs of 
confinement shall not exceed the amount of subsidy to which the 
county is eligible.  The commissioner shall annually determine 
costs making necessary adjustments to reflect the actual costs 
of confinement.  However, in no case shall the percentage 
increase in the amount charged to the counties exceed the 
percentage by which the appropriation for the purposes of 
sections 401.01 to 401.16 was increased over the preceding 
biennium.  The commissioner of corrections shall bill the 
counties and deposit the receipts from the counties in the 
general fund.  All charges shall be a charge upon the county of 
commitment. 
    Sec. 19.  Minnesota Statutes 1992, section 611.17, is 
amended to read: 
    611.17 [FINANCIAL INQUIRY; STATEMENTS.] 
    (a) Each judicial district must screen requests under 
paragraph (b).  
    (b) Upon a request for the appointment of counsel, the 
court shall make appropriate inquiry into the financial 
circumstances of the applicant, who shall submit a financial 
statement under oath or affirmation setting forth the 
applicant's assets and liabilities, including the value of any 
real property owned by the applicant, whether homestead or 
otherwise, less the amount of any encumbrances on the real 
property, the source or sources of income, and any other 
information required by the court.  The state public defender 
shall furnish appropriate forms for the financial statements.  
The information contained in the statement shall be confidential 
and for the exclusive use of the court except for any 
prosecution under section 609.48.  A refusal to execute the 
financial statement or produce financial records constitutes a 
waiver of the right to the appointment of a public defender. 
     Sec. 20.  Minnesota Statutes 1992, section 611.20, is 
amended to read: 
    611.20 [SUBSEQUENT ABILITY TO PAY COUNSEL.] 
    Subdivision 1.  [COURT DETERMINATION.] If at any time after 
the state public defender or a district public defender has been 
directed to act, the court having jurisdiction in the matter is 
satisfied that the defendant or other person is financially able 
to obtain counsel or to make partial payment for the 
representation, the court may shall terminate the appointment of 
the public defender, unless the person so represented is willing 
to pay therefor.  If a public defender continues the 
representation, the court shall direct payment for such 
representation as the interests of justice may dictate.  Any 
payments directed by the court shall be recorded by the court 
administrator, who shall transfer the payments to the 
governmental unit responsible for the costs of the public 
defender.  The judicial district may investigate the financial 
status of a defendant or other person for whom a public defender 
has been appointed and may act to collect payments directed by 
the court. 
    If at any time after appointment a public defender should 
have reason to believe that a defendant is financially able to 
obtain counsel or to make partial payment for counsel, it shall 
be the public defender's duty to so advise the court so that 
appropriate action may be taken. 
    Subd. 2.  [PARTIAL PAYMENT.] If the court determines that 
the defendant is able to make partial payment, the court shall 
direct the partial payments to the governmental unit responsible 
for the costs of the public defender.  Payments directed by the 
court to the state shall be recorded by the court administrator 
who shall transfer the payments to the state treasurer. 
    Subd. 3.  [REIMBURSEMENT.] In each fiscal year, the state 
treasurer shall deposit the first $180,000 in the general fund. 
Payments in excess of $180,000 shall be deposited in the general 
fund and credited to a separate account with the board of public 
defense.  The amount credited to this account is appropriated to 
the board of public defense to reimburse the costs of attorneys 
providing part-time public defense services. 
    The balance of this account does not cancel but is 
available until expended.  Expenditures by the board from this 
account for each judicial district public defense office must be 
based on the amount of the payments received by the state from 
the courts in each judicial district. 
     Sec. 21.  Minnesota Statutes 1992, section 611.216, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [INDIAN CHILD WELFARE DEFENSE CORPORATION 
GRANTS.] (a) The board of public defense shall establish 
procedures for accepting applications for funding from an Indian 
child welfare defense corporation located in the American Indian 
community.  The board must consult with the Minnesota Indian 
affairs council before making a grant under this subdivision.  
    (b) An "Indian child welfare defense corporation" refers to 
an American Indian nonprofit law corporation, having an American 
Indian majority on its board of directors, specializing 
primarily in providing culturally appropriate legal services to 
indigent clients or tribal representatives involved in a case 
governed by the Indian Child Welfare Act, United States Code, 
title 25, section 1901 et seq., or the Minnesota Indian family 
preservation act, sections 257.35 to 257.3579. 
    (c) An Indian child welfare defense corporation is a 
"public defense corporation" for the purposes of sections 611.14 
to 611.271. 
    Sec. 22.  Minnesota Statutes 1992, section 611.25, 
subdivision 3, is amended to read: 
    Subd. 3.  [DUTIES.] The state public defender shall prepare 
an annual a biennial report to the board and a report to the 
governor, the legislature, and the supreme court on the 
operation of the state public defender's office, district 
defender systems, and public defense corporations.  The biennial 
report is due on or before the beginning of the legislative 
session following the end of the biennium.  The state public 
defender may require the reporting of statistical data, budget 
information, and other cost factors by the chief district public 
defenders and appointed counsel systems.  The state public 
defender shall design and conduct programs for the training of 
all state and district public defenders, appointed counsel, and 
attorneys for public defense corporations funded under section 
611.26.  The state public defender shall establish policies and 
procedures to administer the district public defender system, 
consistent with standards adopted by the state board of public 
defense. 
    Sec. 23.  Minnesota Statutes 1992, section 611.26, 
subdivision 3, is amended to read: 
    Subd. 3.  [COMPENSATION.] (a) The compensation of the chief 
district public defender shall be set by the board of public 
defense.  The compensation of each assistant district public 
defender shall be set by the chief district public defender with 
the approval of the board of public defense.  The compensation 
for chief district public defenders may not exceed the 
prevailing compensation for county attorneys within the 
district, and the compensation for assistant district public 
defenders may not exceed the prevailing compensation for 
assistant county attorneys within the district.  To assist the 
board of public defense in determining prevailing compensation 
under this subdivision, counties shall provide to the board 
information on the compensation of county attorneys, including 
salaries and benefits, rent, secretarial staff, and other 
pertinent budget data.  For purposes of this subdivision, 
compensation means salaries, cash payments, and employee 
benefits including paid time off and group insurance benefits, 
and other direct and indirect items of compensation including 
the value of office space provided by the employer.  
    (b) This subdivision does not limit the rights of public 
defenders to collectively bargain with their employers. 
    Sec. 24.  [611.265] [TRANSITION.] 
    (a) District public defenders and their employees, other 
than in the second and fourth judicial districts, are state 
employees in the judicial branch, and are governed by the 
personnel rules adopted by the state board of public defense. 
    (b) A district public defender or district public defender 
employee who becomes a state employee under this section, and 
who participated in a county insurance program on the day before 
the effective date of this section, may elect to continue to 
participate in the county program according to procedures 
established by the board of public defense.  An affected county 
shall bill the board of public defense for employer 
contributions, in a manner prescribed by the board.  The county 
shall not charge the board any administrative fee.  
Notwithstanding any law to the contrary, a person who is first 
employed as a district public defender after the effective date 
of this section, shall participate in the state employee 
insurance program, as determined by the state board of public 
defense, in consultation with the commissioner of employee 
relations. 
    (c) A district public defender or district public defender 
employee who becomes a state employee under this section, and 
who participated in the public employee retirement association 
on the day before the effective date of this section, may elect 
to continue to participate in the public employee retirement 
association according to procedures established by the board of 
public defense and the association.  Notwithstanding any law to 
the contrary, a person who is first employed as a state employee 
or by a district public defender after the effective date of 
this section must participate in the Minnesota state retirement 
system. 
    (d) A person performing district public defender work as an 
independent contractor is not eligible to be covered under the 
state group insurance plan or the public employee retirement 
association. 
    Sec. 25.  Minnesota Statutes 1992, section 611.27, 
subdivision 4, is amended to read: 
    Subd. 4.  [COUNTY PORTION OF COSTS.] That portion of 
subdivision 1 directing counties to pay the costs of public 
defense service shall not be in effect between July 1, 1991 
1993, and July 1, 1993 1995.  This subdivision only relates to 
costs associated with felony and gross misdemeanor public 
defense services in all judicial districts and to juvenile and 
misdemeanor public defense services in the second, third, 
fourth, sixth, and eighth judicial districts. 
    Sec. 26.  Minnesota Statutes 1992, section 611.271, is 
amended to read: 
    611.271 [COPIES OF DOCUMENTS; FEES.] 
    The court administrators of courts, the prosecuting 
attorneys of counties and municipalities, and the law 
enforcement agencies of the state and its political subdivisions 
shall furnish, upon the request of the district public defender 
or, the state public defender, or an attorney working for a 
public defense corporation under section 611.216, copies of any 
documents, including police reports, in their possession at no 
charge to the public defender. 
     Sec. 27.  Minnesota Statutes 1992, section 626.861, 
subdivision 4, is amended to read: 
    Subd. 4.  [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from 
penalty assessments must be credited to a peace officer training 
account in the special revenue fund.  For fiscal years 1993 and 
1994, The peace officers standards and training board shall, and 
after fiscal year 1994 may, allocate make the following 
allocations from appropriated funds, net of operating expenses, 
as follows: 
    (1) for fiscal year 1994: 
    (i) at least 25 percent for reimbursement to board approved 
board-approved skills courses; and 
    (2) (ii) at least 13.5 percent for the school of law 
enforcement; 
    (2) for fiscal year 1995: 
    (i) at least 17 percent to the community college system for 
one-time start-up costs associated with the transition to an 
integrated academic program; 
    (ii) at least eight percent for reimbursement to 
board-approved skills courses in the technical college system; 
and 
    (iii) at least 13.5 percent for the school of law 
enforcement. 
    The balance in each year may be used to pay each local unit 
of government an amount in proportion to the number of licensed 
peace officers and constables employed, at a rate to be 
determined by the board.  The disbursed amount must be used 
exclusively for reimbursement of the cost of in-service training 
required under this chapter and chapter 214. 
    Sec. 28.  [AUTOMATED PROBATION REPORTING SYSTEM PILOT 
PROGRAM; ST. LOUIS COUNTY.] 
    Subdivision 1.  [GRANT AWARD.] The commissioner of 
corrections shall award a grant of $100,000 to St. Louis county 
for the purpose of demonstrating the feasibility of a pilot 
automated probation reporting system.  
    Subd. 2.  [APPLICATION STUDIES.] In developing and 
implementing the pilot automated probation reporting system, St. 
Louis county shall:  
    (1) measure the effectiveness and potential cost of 
applying the reporting system technology to the county's adult 
probation population; 
    (2) study the potential for establishing a centralized 
state data bank which would more rapidly and accurately measure 
and determine criminal histories and fingerprint data of all 
felony, gross misdemeanor, and misdemeanor offenders; and 
    (3) study the application of the reporting system 
technology towards the elimination of fraud and abuse in other 
human resource areas including the electronic benefit transfer 
program.  
    Subd. 3.  [PARTICIPATION REQUIREMENTS.] St. Louis county 
shall provide a minimum of 1.5 full-time equivalent positions 
and other in-kind services necessary to operate this program. 
    Subd. 4.  [SALE OF PROGRAM.] If St. Louis county or an 
individual acting on behalf of the county sells the automated 
probation reporting system to any person or entity, the county 
must forward to the commissioner of corrections the profits 
realized from the sale, in an amount not to exceed the grant 
awarded under subdivision 1.  The commissioner shall forward any 
profits received under this subdivision to the commissioner of 
finance, to be credited to the general fund in the state 
treasury. 
    Subd. 5.  [REPORT.] St. Louis county shall report the 
results of its studies and the pilot program to the commissioner 
of corrections and the chairs of the house judiciary finance 
division and the senate crime prevention finance division by 
July 1, 1994.  
    Sec. 29.  [SENTENCING GUIDELINES MODIFICATION; JAIL CREDIT 
FOR TIME SERVED UNDER HUBER LAW.] 
    Subdivision 1.  [JAIL CREDIT FOR TIME SERVED UNDER HUBER 
LAW.] The sentencing guidelines commission shall consider 
modifying sentencing guideline III.C to provide that, upon 
revocation of a stayed felony sentence, time previously spent in 
confinement under Minnesota Statutes, section 631.425, the Huber 
law, as a condition of the stayed sentence shall be deducted 
from the executed sentence at the rate of one day for each day 
served. 
    Subd. 2.  [APPLICABILITY.] If the commission adopts the 
modification described in subdivision 1, it shall apply to 
persons who commit crimes on or after August 1, 1994. 
    Sec. 30.  [TRANSFERS.] 
    Subdivision 1.  [GENERAL PROCEDURE.] If the appropriation 
in this article to an agency in the executive branch is 
specified by program, the agency may transfer unencumbered 
balances among the programs specified in that section after 
getting the approval of the commissioner of finance.  The 
commissioner shall not approve a transfer unless the 
commissioner believes that it will carry out the intent of the 
legislature.  The transfer must be reported immediately to the 
committee on finance of the senate and the committee on ways and 
means of the house of representatives.  If the appropriation in 
this article to an agency in the executive branch is specified 
by activity, the agency may transfer unencumbered balances among 
the activities specified in that section using the same 
procedure as for transfers among programs. 
    Subd. 2.  [TRANSFER PROHIBITED.] If an amount is specified 
in this article for an item within an activity, that amount must 
not be transferred or used for any other purpose. 
    Sec. 31.  [REPEALER.] 
    Section 20, subdivision 3, is repealed June 30, 1997.  
Minnesota Statutes 1992, section 270B.14, subdivision 12, is 
repealed June 30, 1995. 
    Sec. 32.  [EFFECTIVE DATE.] 
    Section 12 is effective the day following final enactment.  
Sections 15 and 18 are effective July 1, 1994. 

                               ARTICLE 3 
    Section 1.  [APPROPRIATIONS.] 
    The sums shown in the columns marked "APPROPRIATIONS" are 
appropriated from the general fund, or another fund named, to 
the agencies and for the purposes specified in this article, to 
be available for the fiscal years indicated for each purpose.  
The figures "1994," and "1995," where used in this article, mean 
that the appropriation or appropriations listed under them are 
available for the year ending June 30, 1994, or June 30, 1995, 
respectively.  

                             SUMMARY BY FUND
                          1994          1995           TOTAL
General            $    2,535,000 $    2,374,000 $    4,909,000
                                           APPROPRIATIONS 
                                       Available for the Year 
                                           Ending June 30 
                                          1994         1995 
Sec. 2.  GAMBLING CONTROL BOARD        1,934,000      1,934,000
Of the total amount spent each year for 
compliance review activities, at least 
25 percent must be spent for education 
and outreach.  For purposes of this 
item "education and outreach" means 
compliance review activities that are 
not of a type intended to result in the 
imposition by the board of a penalty 
against the organization being reviewed.
Sec. 3.  RACING COMMISSION               366,000        200,000
Sec. 4.  STATE LOTTERY BOARD  
 (a) The director of the state lottery 
shall reimburse the general fund 
$150,000 the first year and $150,000 
the second year for lottery-related 
costs incurred by the department of 
public safety, and reimburse the 
general fund $300,000 the first year 
and $300,000 the second year for costs 
incurred by the department of human 
services.  
 (b) In addition, the director of the 
state lottery shall reimburse the 
general fund $235,000 in fiscal year 
1994 and $240,000 in fiscal year 1995 
from the lottery operations account 
from amounts currently budgeted for 
operating costs for additional costs 
incurred by the department of human 
services.  
Sec. 5.  HUMAN SERVICES                 235,000        240,000
 The transfer authorized in section 4, 
paragraph (b), is appropriated for 
compulsive gambling hotline services, 
outpatient treatment services, felony 
screening, and compulsive gambling 
youth education. 
    Sec. 6.  Minnesota Statutes 1992, section 15A.081, 
subdivision 1, is amended to read: 
    15A.081 [SALARIES AND SALARY RANGES FOR CERTAIN EMPLOYEES.] 
    Subdivision 1.  [SALARY RANGES.] The governor shall set the 
salary rate within the ranges listed below for positions 
specified in this subdivision, upon approval of the legislative 
commission on employee relations and the legislature as provided 
by section 43A.18, subdivisions 2 and 5: 

                              Salary Range 

                               Effective 

                              July 1, 1987 
$57,500-$78,500 
    Commissioner of finance; 
    Commissioner of education; 
    Commissioner of transportation; 
    Commissioner of human services; 
    Commissioner of revenue; 
    Commissioner of public safety; 
    Executive director, state board of investment; 
    Director of the state lottery; 
$50,000-$67,500 
    Commissioner of administration; 
    Commissioner of agriculture; 
    Commissioner of commerce; 
    Commissioner of corrections; 
     Commissioner of jobs and training; 
    Commissioner of employee relations; 
    Commissioner of health; 
    Commissioner of labor and industry; 
    Commissioner of natural resources; 
    Commissioner of trade and economic development; 
    Chief administrative law judge; office of administrative 
    hearings; 
    Commissioner, pollution control agency; 
    Director, office of waste management; 
    Commissioner, housing finance agency; 
    Executive director, public employees retirement 
    association; 
    Executive director, teacher's retirement association; 
    Executive director, state retirement system; 
    Chair, metropolitan council; 
    Chair, regional transit board; 
$42,500-$60,000 
    Commissioner of human rights; 
    Commissioner, department of public service; 
    Commissioner of veterans affairs; 
    Commissioner, bureau of mediation services; 
    Commissioner, public utilities commission; 
    Member, transportation regulation board; 
    Ombudsman for corrections; 
    Ombudsman for mental health and retardation. 
    Sec. 7.  Minnesota Statutes 1992, section 245.98, is 
amended by adding a subdivision to read: 
    Subd. 4.  [CONTRIBUTION BY TRIBAL GAMING.] The commissioner 
of human services is authorized to enter into an agreement with 
the governing body of any Indian tribe located within the 
boundaries of the state of Minnesota that conducts either class 
II or class III gambling, as defined in section 4 of the Indian 
Gaming Regulatory Act, Public Law Number 100-497, and future 
amendments to it, for the purpose of obtaining funding for 
compulsive gambling programs from the Indian tribe.  Prior to 
entering into any agreement with an Indian tribe under this 
section, the commissioner shall consult with and obtain the 
approval of the governor or governor's designated 
representatives authorized to negotiate a tribal-state compact 
regulating the conduct of class III gambling on Indian lands of 
a tribe requesting negotiations.  Contributions collected under 
this subdivision are appropriated to the commissioner of human 
services for the compulsive gambling treatment program under 
this section. 
    Sec. 8.  Minnesota Statutes 1992, section 349A.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DIRECTOR.] A state lottery is established 
under the supervision and control of the director of the state 
lottery appointed by the governor with the advice and consent of 
the senate.  The governor shall appoint the first director from 
a list of at least three persons recommended to the governor by 
the governor's commission on the lottery which was appointed by 
the governor on December 8, 1988 board.  The director must be 
qualified by experience and training to supervise the lottery.  
The director serves in the unclassified service.  The annual 
salary rate authorized for the director is equal to 80 percent 
of the salary rate prescribed for the governor as of the 
effective date of this act. 
    Sec. 9.  Minnesota Statutes 1992, section 349A.03, 
subdivision 2, is amended to read: 
    Subd. 2.  [BOARD DUTIES.] The board has the following 
duties: 
    (1) to advise the director on all aspects of the lottery; 
    (2) to review and comment on rules and game procedures 
adopted by the director; 
    (3) review and comment on lottery procurement contracts; 
    (4) review and comment on agreements between the director 
and one or more other lotteries relating to a joint lottery; and 
    (5) to review and comment on advertising promulgated by the 
director at least quarterly to ensure that all advertising is 
consistent with the dignity of the state and with section 
349A.09; and 
    (6) to approve additional compensation for the director 
under subdivision 3. 
Sec. 10.  UNCODIFIED LANGUAGE  
 All uncodified language contained in 
this article expires on June 30, 1995, 
unless a different expiration is 
explicit. 
    Sec. 11.  [CARRYFORWARD.] 
    Unless otherwise restricted, unencumbered operating 
balances from fiscal year 1994 appropriations in this act are 
available for fiscal year 1995. 
    Sec. 12.  [SEVERABILITY.] 
    The provisions of this article are severable.  If any 
provision is found to be unconstitutional, the remaining 
provisions shall remain valid, unless a court determines that 
the remaining valid provisions, standing alone, are incapable of 
being executed in accordance with legislative intent. 
    Sec. 13.  [REPEALER.] 
    Minnesota Statutes 1992, section 349A.03, subdivision 3, is 
repealed. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 9 and 13 are effective the day following final 
enactment. 

                               ARTICLE 4 
Section 1.  APPROPRIATIONS 
    The sums shown in the columns marked "APPROPRIATIONS" are 
appropriated from the general fund, or another fund named, to 
the agencies and for the purposes specified in this article, to 
be available for the fiscal years indicated for each purpose.  
The figures "1994" and "1995," where used in this article, mean 
that the appropriation or appropriations listed under them are 
available for the year ending June 30, 1994 or June 30, 1995, 
respectively.  

                             SUMMARY BY FUND
                           1994          1995          TOTAL
General
                      $   1,782,000 $   1,722,000 $   3,504,000
Workers' Compensation
                          1,284,000     1,294,000     2,578,000
TOTAL
                      $   3,066,000 $   3,016,000 $   6,082,000
                                           APPROPRIATIONS 
                                       Available for the Year 
                                           Ending June 30 
                                          1994         1995 
Sec. 2.  WORKERS' COMPENSATION 
COURT OF APPEALS                 $   1,284,000    $   1,294,000
 This appropriation is from the workers' 
compensation special compensation fund. 
Sec. 3.  MEDIATION SERVICES          1,782,000        1,722,000
 (a) $222,000 in each year is for grants 
to area labor-management committees.  
The unencumbered balance remaining in 
the first year does not cancel but is 
available for the second year. 
 (b) $60,000 is appropriated from the 
general fund to the commissioner of 
mediation services for the fiscal year 
ending June 30, 1994, for the purposes 
of total quality management grants 
under Minnesota Statutes, section 
179.02. 
    Sec. 4.  [TOTAL QUALITY MANAGEMENT.] 
     The commissioner of mediation services shall contract with 
a specialist in total quality management education to provide 
classes on total quality management to small business and 
government employers.  Four of the classes must be provided in 
the metropolitan area and four of the classes must be provided 
outside the metropolitan area.  The classes shall provide at 
least 18 hours of training over a six-week period with 
attendance limited to 30 participants per class.  The cost per 
participant shall not exceed $500, with one-half of the cost 
paid by the employer.  In at least four of the classes, 
participation is limited to: 
    (1) labor and management employees of a small business 
where a union represents employees; or 
    (2) public employees from a bargaining unit representing 
not more than 100 employees, and the supervisory employees and 
management of the public employer. 
    For purposes of this section, "small business" means a 
business with 100 or fewer employees. 
    Sec. 5.  [TRANSFER.] 
    The responsibilities of the commissioner of administration 
for the office of dispute resolution are transferred under 
Minnesota Statutes, section 15.039, to the commissioner of 
mediation services. 
    Sec. 6.  [TRANSFERS.] 
    Subdivision 1.  [GENERAL PROCEDURE.] If the appropriation 
in this article to an agency in the executive branch is 
specified by program, the agency may transfer unencumbered 
balances among the programs specified in that section after 
getting the approval of the commissioner of finance.  The 
commissioner shall not approve a transfer unless the 
commissioner believes that it will carry out the intent of the 
legislature.  The transfer must be reported immediately to the 
committee on finance of the senate and the committee on ways and 
means of the house of representatives.  If the appropriation in 
this article to an agency in the executive branch is specified 
by activity, the agency may transfer unencumbered balances among 
the activities specified in that section using the same 
procedure as for transfers among programs. 
    Subd. 2.  [TRANSFER PROHIBITED.] If an amount is specified 
in this article for an item within an activity, that amount must 
not be transferred or used for any other purpose. 

                               ARTICLE 5 

                              YOUTH WORKS 
                                           APPROPRIATIONS 
                                       Available for the Year 
                                           Ending June 30 
                                          1994         1995 
Section 1.  YOUTH WORKS               $2,500,000     $2,500,000
The continuation of base level funding 
in the next fiscal biennium for the 
youth works program shall be determined 
following an evaluation by the 
department of finance as to whether the 
program is achieving its intent. 
 Any unencumbered balances remaining in 
the first year do not cancel but are 
available for the second year of the 
biennium. 
Subdivision 1.  Department of
Education                              2,345,000      2,345,000
 Of the appropriation, $100,000 shall be 
used to establish one full-time 
position for capacity building, 
evaluation, design, and developing 
service learning and work-based 
learning.  $50,000 shall be used to 
establish a public private matching 
grant program for local organizations 
to provide a youth service 
entrepreneurship initiative contingent 
upon local match requirements.  
$3,898,000 is for grants for the youth 
works program under this article.  
 $110,000 is for the education and 
employment transitions council, which 
shall oversee youth service and youth 
apprenticeship programs, and to provide 
staff for youth works task force and 
youth apprenticeship activities. 
 Of the appropriation, $532,000 is for 
community education aid in fiscal year 
1995 according to Minnesota Statutes, 
section 124.2713, subdivision 5.  This 
aid is in addition to an appropriation 
for community education aid in any 
other law. 
Subd. 2.  Higher Education
Coordinating Board                       115,000        115,000
To the higher education coordinating 
board for fiscal years 1994 and 1995.  
The appropriation shall be used to 
develop and implement service learning 
programs in the following order of 
priority: 
 (1) programs allowing higher education 
institutions to create or expand 
community service or work-based 
learning activities for students 
attending the institutions; 
 (2) programs allowing higher education 
institutions to modify existing and 
create new courses, curricula, and 
extracurricular activities that 
effectively use service learning and 
work-based learning methods; and 
 (3) programs allowing higher education 
institutions to train K-12 teachers in 
the skills necessary to develop, 
supervise, and organize community 
service activities, consistent with the 
principles of service learning. 
Subd. 3.  Minnesota Technology, Inc.      40,000         40,000
To establish health care youth 
apprenticeship programs in urban and 
rural areas. 
    Sec. 2.  [121.70] [SHORT TITLE.] 
    Sections 121.701 to 121.710 shall be cited as the 
"Minnesota youth works act." 
    Sec. 3.  [121.701] [PURPOSE.] 
    The purposes of sections 121.701 to 121.710 are to: 
    (1) renew the ethic of civic responsibility in Minnesota; 
    (2) empower youth to improve their life opportunities 
through literacy, job placement, and other essential skills; 
    (3) empower government to meet its responsibility to 
prepare young people to be contributing members of society; 
    (4) help meet human, educational, environmental, and public 
safety needs, particularly those needs relating to poverty; 
    (5) prepare a citizenry that is academically competent, 
ready for work, and socially responsible; 
    (6) demonstrate the connection between youth and community 
service, community service and education, and education and 
meaningful opportunities in the business community; 
    (7) demonstrate the connection between providing 
opportunities for at-risk youth and reducing crime rates and the 
social costs of troubled youth; 
    (8) create linkages for a comprehensive youth service and 
learning program in Minnesota including school age programs, 
higher education programs, youth work programs, and service 
corps programs; and 
    (9) coordinate federal and state activities that advance 
the purposes in this section. 
    Sec. 4.  [121.702] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 121.701 to 121.710. 
    Subd. 2.  [ELIGIBLE ORGANIZATION.] "Eligible organization" 
means: 
    (1) a local unit of government including a statutory or 
home rule charter city, township, county, or group of two or 
more contiguous counties; 
    (2) an existing nonprofit organization organized under 
chapter 317A; 
    (3) an educational institution; 
    (4) a private industry council; or 
    (5) a state agency. 
    Subd. 3.  [FEDERAL LAW.] "Federal law" means Public Law 
Number 101-610, as amended, or any other federal law or program 
assisting youth community service, work-based learning, or youth 
transition from school to work. 
    Subd. 4.  [MENTOR.] "Mentor" means a business person, an 
adult from the community, or a person who has successfully 
completed the youth works program who volunteers to establish a 
one-on-one relationship with a participant in the youth works 
program to encourage and guide the participant to obtain an 
education, participate in service and work-related activities, 
and effectively use postservice benefits. 
    Subd. 5.  [PARTICIPANT.] "Participant" means an individual 
enrolled in a program that receives assistance under sections 
121.701 to 121.710. 
    Subd. 6.  [PLACEMENT.] "Placement" means the matching of a 
participant with a specific project. 
    Subd. 7.  [PROGRAM.] "Program" means an activity carried 
out with assistance provided under sections 121.701 to 121.710. 
    Subd. 8.  [PROJECT.] "Project" means an activity that 
results in a specific identifiable service or product that could 
not be done from the resources of the eligible organization and 
that does not duplicate the routine services or functions of the 
eligible organization. 
    Subd. 9.  [YOUTH WORKS TASK FORCE.] "Youth works task 
force" means the task force established in section 121.703. 
    Sec. 5.  [121.703] [YOUTH WORKS TASK FORCE.] 
    Subdivision 1.  [CREATION.] The youth works task force is 
established to assist the governor and the legislature in 
implementing sections 121.701 to 121.710 and federal law.  The 
terms, compensation, filling of vacancies, and removal of 
members are governed by section 15.059.  The youth works task 
force may accept gifts and contributions from public and private 
organizations. 
    Subd. 2.  [MEMBERSHIP.] The youth works task force consists 
of 16 voting members.  The membership includes the commissioner 
or designee of the departments of education, jobs and training, 
and natural resources and the executive director of the higher 
education coordinating board, and four persons appointed by the 
governor from among the following agencies:  departments of 
human services, health, corrections, agriculture, public safety, 
finance, labor and industry, office of strategic and long-range 
planning, Minnesota office of volunteer services, Minnesota high 
technology council, Minnesota housing finance agency, 
association of service delivery areas, and Minnesota Technology, 
Inc.  The governor shall appoint four members, one each 
representing a public or private sector labor union, business, 
students, and parents, and the remaining four members from among 
representatives of the following groups:  educators, senior 
citizen organizations, local agencies working with youth service 
corps programs, school-based community service programs, higher 
education institutions, local educational agencies, volunteer 
public safety organizations, education partnership programs, 
public or nonprofit organizations experienced in youth 
employment and training, and volunteer administrators, or other 
organizations working with volunteers.  The governor shall 
ensure that, to the extent possible, the membership of the task 
force is balanced according to geography, race, ethnicity, age, 
and gender.  The speaker of the house and the majority leader of 
the senate shall each appoint two legislators to be nonvoting 
members of the task force. 
    Subd. 3.  [DUTIES.] (a) The youth works task force shall: 
    (1) develop, with the assistance of the governor and 
affected state agencies, a comprehensive state plan to provide 
services under sections 121.701 to 121.710 and federal law; 
    (2) actively pursue public and private funding sources for 
services, including funding available under federal law; 
    (3) coordinate volunteer service learning programs within 
the state; 
    (4) develop, in cooperation with the education and 
employment transitions council, volunteer service learning 
programs, including curriculum, materials, and methods of 
instruction; 
    (5) work collaboratively with the education and employment 
transitions council, schools, public and private agencies, 
for-profit and nonprofit employers, and labor unions to identify 
mentoring and service learning opportunities, solicit and 
recruit participants for these programs, and disseminate 
information on the programs; 
    (6) administer the youth works grant program under sections 
121.704 to 121.709, including soliciting and approving grant 
applications from eligible organizations, and administering 
individual postservice benefits; 
    (7) establish an evaluation plan for programs developed and 
services provided under sections 121.701 to 121.710; 
    (8) report to the governor and legislature; and 
     (9) provide oversight and support for school, campus and 
community-based service programs. 
    (b) Nothing in sections 121.701 to 121.710 precludes an 
organization from independently seeking public or private 
funding to accomplish purposes similar to those described in 
paragraph (a). 
    Sec. 6.  [121.704] [YOUTH WORKS PROGRAM.] 
    The youth works program is established to fulfill the 
purposes of section 121.701.  The youth works program shall 
supplement existing programs and services.  The program shall 
not displace existing programs and services, existing funding of 
programs or services, or existing employment and employment 
opportunities.  No eligible organization may terminate, layoff, 
or reduce the hours of work of an employee to place or hire a 
program participant.  No eligible organization may place or hire 
an individual for a project if an employee is on lay-off from 
the same or a substantially equivalent position. 
    Sec. 7.  [121.705] [YOUTH WORKS GRANTS.] 
    Subdivision 1.  [APPLICATION.] An eligible organization 
interested in receiving a grant under sections 121.704 to 
121.709 may prepare and submit to the youth works task force an 
application that complies with section 121.706. 
    Subd. 2.  [GRANT AUTHORITY.] The youth works task force 
shall use any state appropriation and any available federal 
funds, including any grant received under federal law, to award 
grants to establish programs for youth works meeting the 
requirements of section 121.706.  At least one grant each must 
be available for a metropolitan proposal, a rural proposal, and 
a statewide proposal.  If a portion of the suburban metropolitan 
area is not included in the metropolitan grant proposal, the 
statewide grant proposal must incorporate at least one suburban 
metropolitan area.  In awarding grants, the youth works task 
force may select at least one residential proposal and one 
nonresidential proposal, provided the proposals meet or exceed 
the criteria in section 121.706. 
    Sec. 8.  [121.706] [GRANT APPLICATIONS.] 
    Subdivision 1.  [APPLICATIONS REQUIRED.] An organization 
seeking federal or state grant money under sections 121.704 to 
121.709 shall prepare and submit to the youth works task force 
an application that meets the requirements of this section.  The 
youth works task force shall develop, and the applying 
organizations shall comply with, the form and manner of the 
application. 
    Subd. 2.  [APPLICATION CONTENT.] An applicant on its 
application shall: 
    (1) propose a program to provide participants the 
opportunity to perform community service to meet specific unmet 
community needs, and participate in classroom, work-based, and 
service learning; 
    (2) assess the community's unmet educational, human, 
environmental, and public safety needs, the resources and 
programs available for meeting those needs, and how young people 
participated in assessing community needs; 
    (3) describe the classroom component of the program, 
including classroom hours per week, classroom time for 
participants to reflect on the program experience, and 
anticipated academic outcomes related to the service experience; 
    (4) describe the work to be performed, the ratio of youth 
participants to crew leaders and mentors, and the expectations 
and qualifications for crew leaders and mentors; 
    (5) describe local funds or resources available to meet the 
match requirements of section 121.709; 
    (6) describe any funds available for the program from 
sources other than the requested grant; 
    (7) describe any agreements with local businesses to 
provide participants with work-learning opportunities and 
mentors; 
    (8) describe any agreement with local post-secondary 
educational institutions to offer participants course credits 
for their community service learning experience; 
    (9) describe any agreement with a local high school or an 
alternative learning center to provide remedial education, 
credit for community service work and work-based learning, or 
graduate equivalency degrees; 
    (10) describe any pay for service or other program delivery 
mechanism that will provide reimbursement for benefits conferred 
or recover costs of services participants perform; 
    (11) describe how local resources will be used to provide 
support and assistance for participants to encourage them to 
continue with the program, fulfill the terms of the contract, 
and remain eligible for any postservice benefit; 
    (12) describe the arbitration mechanism for dispute 
resolution required under section 121.707, subdivision 2; 
    (13) describe involvement of community leaders in 
developing broad-based support for the program; 
    (14) describe the consultation and sign off process to be 
used with any local labor organization representing employees in 
the area engaged in work similar to that proposed for the 
program to ensure that no current employees or available 
employment positions will be displaced by program participants; 
    (15) certify to the youth works task force and to any 
certified bargaining representatives representing employees of 
the applying organization that the project will not decrease 
employment opportunities that would be available without the 
project; will not displace current employees including any 
partial displacement in the form of reduced hours of work other 
than overtime, wages, employment benefits, or regular seasonal 
work; will not impair existing labor agreements; and will not 
result in the substitution of project funding for preexisting 
funds or sources of funds for ongoing work; 
    (16) describe the length of the required service period, 
which may not be less than six months or more than two years, a 
method to incorporate a participant's readiness to advance or 
need for postservice financial assistance into individual 
service requirements, and any opportunity for participating part 
time or in another program; 
    (17) describe a program evaluation plan that contains cost 
effectiveness measures, measures of participant success 
including educational accomplishments, job placements, community 
contributions, and ongoing volunteer activities, outcome 
measures based on a preprogram and postprogram survey of 
community rates of arrest, incarceration, teenage pregnancy, and 
other indicators of youth in trouble, and a list of local 
resources dedicated to reducing these rates; 
    (18) describe a three-year financial plan for maintaining 
the program; 
    (19) describe the role of local youth in developing all 
aspects of the grant proposal; and 
     (20) describe the process by which the local private 
industry council participated in, and reviewed the grant 
application. 
    Sec. 9.  [121.707] [PROGRAM PROVISIONS.] 
    Subdivision 1.  [PARTICIPANT ELIGIBILITY.] (a) An 
individual is eligible to participate in full-time youth 
community service if the individual: 
    (1) is 17 to 24 years old; 
    (2) is a citizen of the United States or lawfully admitted 
for permanent residency; 
    (3) is a permanent Minnesota resident as that term is used 
in section 256.936, subdivision 4c, paragraph (d), clause (2); 
    (4) is applying for service and has received a high school 
diploma or its equivalent, or agrees to attain a high school 
diploma or its equivalent while participating in the program; 
and 
    (5) agrees to act as an alumni volunteer or an alumni 
mentor upon successfully completing the program and postprogram 
education. 
    (b) An individual is eligible to participate in part-time 
youth community service if the individual is 15 to 24 years old 
and meets the requirements under paragraph (a), clauses (2) to 
(5). 
    Subd. 2.  [TERMS OF SERVICE.] (a) A participant shall agree 
to perform community service for the period required unless the 
participant is unable to complete the terms of service for the 
reason provided in paragraph (b). 
    An agreement to perform community service must be in the 
form of a written contract between the participant and the 
grantee organization.  Terms of the contract must include a 
length of service between six months and two years, the 
participant's education goals and commitment, the anticipated 
date of completion, dismissal for cause, including failure to 
fully participate in the education component, and the exclusive 
right to challenge a dismissal for cause through binding 
arbitration.  The arbitrator must be chosen jointly by the 
grantee organization and the participant from the community or, 
if agreement cannot be reached, an arbitrator must be determined 
from a list of arbitrators provided by the American Arbitration 
Association.  The sole remedy available to the participant 
through arbitration is reinstatement to the program and 
eligibility for postservice benefits.  The parent or guardian of 
a minor shall consent in writing to the contract between the 
participant and the grantee organization. 
    (b) If the grantee organization releases a participant from 
completing a term of service in a program receiving assistance 
under sections 121.704 to 121.709 for compelling personal 
circumstances as demonstrated by the participant, or if the 
program in which the participant serves does not receive 
continued funding for any reason, the grantee organization may 
provide the participant with that portion of the financial 
assistance described in subdivision 3 that corresponds to the 
quantity of the service obligation completed by the individual. 
    If the grantee organization terminates a participant for 
cause or a participant resigns without demonstrating compelling 
personal circumstances under this section, no postservice 
benefit under subdivision 3 may be paid. 
    (c) A participant performing part-time service under 
sections 121.701 to 121.710 shall serve at least two weekends 
each month and two weeks during the year, or at least an average 
of nine hours per week each year.  A participant performing 
full-time service under sections 121.701 to 121.710 shall serve 
for not less than 40 hours per week. 
    (d) Notwithstanding any other law to the contrary, for 
purposes of tort liability under sections 3.732 and 3.736, while 
participating in a program a participant is an employee of the 
state. 
    (e) Participants performing community service in a program 
are not public employees for purposes of chapter 43A, 179A, 197, 
353, or any other law governing hiring or discharging of public 
employees. 
    Subd. 3.  [POSTSERVICE BENEFIT.] (a) Each participant shall 
receive a nontransferable postservice benefit upon successfully 
completing the program.  The benefit must be $2,000 per year of 
part-time service or $5,000 per year of full-time service. 
    (b) In the event that a program does not receive a federal 
grant that provides a postservice benefit, the participants in 
the program shall receive a postservice benefit equal in value 
to one-half the amount provided under paragraph (a). 
    (c) Nothing in this subdivision prevents a grantee 
organization from using funds from nonfederal or nonstate 
sources to increase the value of postservice benefits above the 
value described in paragraph (a). 
    (d) The state shall provide an additional postservice 
benefit to any participant who successfully completes the 
program.  The benefit must be a credit of five points to be 
added to the competitive open rating of a participant who 
obtains a passing grade on a civil service examination under 
chapter 43A.  The benefit is available for five years after 
completing the community service. 
    Subd. 4.  [USES OF POSTSERVICE BENEFITS.] (a) A postservice 
benefit for a participant provided under subdivision 3, 
paragraph (a), (b), or (c), must be available for five years 
after completing the program and may only be used for: 
    (1) paying a student loan; 
    (2) costs of attending an institution of higher education; 
or 
    (3) expenses incurred in an apprenticeship program approved 
by the department of labor and industry. 
Financial assistance provided under this subdivision must be in 
the form of vendor payments whenever possible.  Any postservice 
benefits provided by federal funds or vouchers may be used as a 
downpayment on, or closing costs for, purchasing a first home. 
    (b) Postservice benefits are to be used to develop skills 
required in occupations where numbers of jobs are likely to 
increase.  The youth works task force, in consultation with the 
education and employment transitions council, shall determine 
how the benefits may be used in order to best prepare 
participants with skills that build on their service learning 
and equip them for meaningful employment. 
    Subd. 5.  [LIVING ALLOWANCE.] (a) A participant in a 
full-time community service program shall receive a monthly 
stipend of $500.  An eligible organization may provide 
participants with additional amounts from nonfederal or nonstate 
sources. 
    (b) Nothing in this subdivision requires an existing 
program to decrease any stipend, salary, or living allowance 
provided to a participant under the program. 
    (c) In addition to the living allowance provided under 
paragraph (a), a grantee organization shall provide health and 
dental coverage to each participant in a full-time youth works 
program who does not otherwise have access to health or dental 
coverage.  The state shall include the cost of group health and 
dental coverage in the grant to the eligible organization. 
    Subd. 6.  [PROGRAM TRAINING.] (a) The youth works task 
force shall, within available resources, ensure an opportunity 
for each participant to have three weeks of training in a 
residential setting.  If offered, each training session must: 
    (1) orient each participant in the nature, philosophy, and 
purpose of the program; 
    (2) build an ethic of community service through general 
community service training; and 
    (3) provide additional training as it determines necessary. 
    (b) Each grantee organization shall also train participants 
in skills relevant to the community service opportunity. 
    Subd. 7.  [TRAINING AND EDUCATION REQUIREMENTS.] Each 
grantee organization shall assess the educational level of each 
entering participant.  Each grantee shall work to enhance the 
educational skills of each participant.  The youth works task 
force may coordinate or contract with educational institutions 
or other providers for educational services and evaluation.  All 
grantees shall give priority to educating and training 
participants who do not have a high school diploma or its 
equivalent, or who cannot afford post-secondary training and 
education. 
    Sec. 10.  [121.708] [PRIORITY.] 
    The youth works task force shall give priority to an 
eligible organization proposing a program that meets the goals 
of sections 121.704 to 121.707, and that: 
    (1) involves youth in a meaningful way in all stages of the 
program, including assessing community needs, preparing the 
application, and assuming postservice leadership and mentoring 
responsibilities; 
    (2) serves a community with significant unmet needs; 
    (3) provides an approach that is most likely to reduce 
arrest rates, incarceration rates, teenage pregnancy, and other 
indicators of troubled youth; 
    (4) builds linkages with existing, successful programs; and 
    (5) can be operational quickly. 
    Sec. 11.  [121.709] [MATCH REQUIREMENTS.] 
    A grant awarded through the youth works program must be 
matched at $2 of grant funds for at least $1 of applicant 
funds.  Grant funds must be used for the living allowance, cost 
of workers compensation coverage, and health and dental benefits 
for each program participant.  Applicant funds, from sources and 
in a form determined by the youth works task force, must be used 
to pay for crew leaders, administration, supplies, materials, 
and transportation.  Administrative expenses must not exceed 
seven percent of total program costs.  To the extent that 
administrative costs are less than seven percent, an amount 
equal to the difference between the percent expended and seven 
percent shall be applied to the local match requirement in this 
section. 
    Sec. 12.  [121.710] [EVALUATION AND REPORTING 
REQUIREMENTS.] 
    Subdivision 1.  [GRANTEE ORGANIZATIONS.] Each grantee 
organization shall report to the youth works task force at the 
time and on the matters requested by the youth works task force. 
    Subd. 2.  [INTERIM REPORT.] The youth works task force 
shall report semiannually to the legislature with interim 
recommendations to change the program. 
    Subd. 3.  [FINAL REPORT.] The youth works task force shall 
present a final report to the legislature by January 1, 1998, 
summarizing grantee evaluations, reporting on individual 
participants and participating grantee organizations, and 
recommending any changes to improve or expand the program. 
    Sec. 13.  Minnesota Statutes 1992, section 121.88, 
subdivision 9, is amended to read: 
    Subd. 9.  [YOUTH SERVICE PROGRAMS.] A school board may 
offer, as part of a community education program with a youth 
development program, a youth service program for pupils to 
promote that provides young people with meaningful opportunities 
to become involved in their community, develop individual 
capabilities, make career connections, seek support networks and 
services, become active citizenship citizens, and to address 
community needs through youth service.  The school board may 
award up to one credit, or the equivalent, toward graduation for 
a pupil who completes the youth service requirements of the 
district.  The community education advisory council, after 
considering the results of the commissioner's study under 
section 121.885, subdivision 1, shall design the program in 
cooperation with the district planning, evaluating and reporting 
committee and local organizations that train volunteers or need 
volunteers' services.  Programs must include: 
    (1) preliminary training for pupil volunteers conducted, 
when possible, by organizations experienced in such training; 
    (2) supervision of the pupil volunteers to ensure 
appropriate placement and adequate learning opportunity; 
    (3) sufficient opportunity, in a positive setting for human 
development, for pupil volunteers to develop general skills in 
preparation for employment, to enhance self-esteem and 
self-worth, and to give genuine service to their community; 
    (4) integration of academic learning with the service 
experience; and 
    (5) integration of youth community service with elementary 
and secondary curriculum. 
    Youth service projects include, but are not limited to, the 
following: 
    (1) human services for the elderly, including home care and 
related services; 
    (2) tutoring and mentoring; 
    (3) training for and providing emergency services; 
    (4) services at extended day programs; and 
    (5) environmental services; and 
    (6) service learning programs in which schools, including 
post-secondary schools, and employers work together with young 
people to provide them with meaningful opportunities for 
community service and with the academic and technical skills 
that employers require. 
    The commissioner shall maintain a list of acceptable 
projects with a description of each project.  A project that is 
not on the list must be approved by the commissioner.  
    A youth service project must have a community sponsor that 
may be a governmental unit or nonprofit organization.  To assure 
that pupils provide additional services, each sponsor must 
assure that pupil services do not displace employees or reduce 
the workload of any employee. 
    The commissioner must assist districts in planning youth 
service programs, implementing programs, and developing 
recommendations for obtaining community sponsors. 
    Sec. 14.  [121.885] [SERVICE LEARNING AND WORK-BASED 
LEARNING CURRICULUM AND PROGRAMS.] 
    Subdivision 1.  [SERVICE LEARNING AND WORK-BASED LEARNING 
PROGRAMS STUDY.] The youth works task force, established in 
section 121.703, shall assist the commissioner of education in 
studying how to combine community service activities and service 
learning with work-based learning programs. 
    Subd. 2.  [SERVICE LEARNING PROGRAMS DEVELOPED.] The 
commissioner, in consultation with the task force, shall develop 
a service learning program curriculum that includes a policy 
framework and strategies for youth community service and an 
infrastructure for mentoring youth.  The commissioner shall 
include in the curriculum at least the following: 
    (1) youth community service strategies that enable young 
people to make significant contributions to the welfare of their 
community through such organizations as schools, colleges, 
government agencies, and community-based organizations or 
through individual efforts; 
    (2) mentoring strategies that enable young people to be 
matched with caring, responsible individuals who can encourage 
and guide the young people in their personal growth and 
development; 
    (3) guidelines, criteria, and procedures for community 
service programs that incorporate the results of the study in 
subdivision 1; and 
    (4) criteria for community service activities and service 
learning. 
    Subd. 3.  [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 
EDUCATION LEVEL.] The service learning curriculum must 
accommodate students' grade level or the last completed grade 
level of the participants not currently enrolled in school.  
Schools must provide at least the following: 
    (1) for students in grades 7 to 9, an opportunity to learn 
about service learning activities and possible occupations; 
    (2) for students in grade 10, an opportunity to apply for 
service learning under section 121.88, subdivision 9, and youth 
apprenticeship programs; and 
    (3) for students in grades 11 and 12 and young people not 
currently enrolled in school, an opportunity to become involved 
in community service activities, participate in youth 
apprenticeship programs, and, depending upon the individual's 
demonstrated abilities, complete high school or pursue 
post-secondary coursework. 
    Subd. 4.  [PROGRAMS FOLLOWING YOUTH COMMUNITY SERVICE.] (a) 
The youth works task force established in section 121.703, in 
cooperation with the commissioner and the higher education 
coordinating board, shall provide for those participants who 
successfully complete youth community service under sections 
121.703 to 121.709, the following: 
    (1) for those who have a high school diploma or its 
equivalent, an opportunity to participate in a youth 
apprenticeship program at a community or technical college; and 
    (2) for those who are post-secondary students, an 
opportunity to participate in an educational program that 
supplements post-secondary courses leading to a degree or a 
statewide credential of academic and occupational proficiency. 
    (b) Participants who successfully complete a youth 
community service program under sections 121.704 to 121.710 are 
eligible to receive an education voucher as provided under 
section 121.707, subdivision 4.  The voucher recipient may apply 
the voucher toward the cost of the recipient's tuition and other 
education-related expenses at a public post-secondary school 
under paragraph (a). 
    (c) The youth works task force, in cooperation with the 
state board of technical colleges, shall establish a mechanism 
to transfer credit earned in a youth apprenticeship program 
between the technical colleges and other post-secondary 
institutions offering applied associate degrees. 
    Sec. 15.  Minnesota Statutes 1992, section 124.2713, 
subdivision 5, is amended to read: 
    Subd. 5.  [YOUTH SERVICE REVENUE.] Youth service program 
revenue is available to a district that has implemented a youth 
development plan and a youth service program.  Youth service 
revenue equals 75 cents for fiscal year 1992 and 85 cents for 
fiscal year years 1993 and 1994 and $1 for fiscal year 1995 and 
thereafter, times the greater of 1,335 or the population of the 
district. 
    Sec. 16.  Minnesota Statutes 1992, section 124C.46, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROGRAM FOCUS.] The programs and services 
of a center must focus on academic and learning skills, trade 
and vocational skills, work-based learning opportunities, work 
experience, youth service to the community, and transition 
services. 
    Sec. 17.  [HECB TO HELP COORDINATE YOUTH COMMUNITY 
SERVICE.] 
    Subdivision 1.  [HECB DUTIES.] (a) The higher education 
coordinating board shall coordinate the application process for 
higher education grants under federal law.  The board shall 
submit to the youth works task force under section 121.703 a 
proposal described in subdivision 2 for a consortium of higher 
education institutions to be included in the state's 
comprehensive service plan under section 121.703, subdivision 3. 
    (b) The board shall also coordinate the activities of 
individual Minnesota higher education institutions applying 
directly for federal community service grants. 
    Subd. 2.  [COMMUNITY SERVICE PROPOSAL.] The proposal 
submitted by the higher education coordinating board shall 
develop programs that allow: 
    (1) higher education institutions to modify existing and 
create new courses, curricula, and extracurricular activities 
that effectively use service learning and work-based learning 
methods; 
    (2) one or more higher education institutions to conduct 
research to evaluate the benefits of service learning programs 
and to make recommendations to improve service learning 
programs; 
    (3) higher education institutions to train K-12 teachers in 
the skills necessary to develop, supervise, and organize 
community service activities, consistent with the principles of 
service learning; and 
    (4) higher education institutions to create or expand 
community service or work-based learning activities for students 
attending the institutions. 
    Sec. 18.  [FEDERAL APPLICATION.] 
    The youth works task force shall prepare timely and 
complete applications for federal grants.  At a minimum, the 
task force application must describe: 
    (1) a program designed to meet the unique needs of the 
state that will provide community service opportunities to 
youths ages 17 to 24; 
    (2) the amount of funds requested for the youth works 
program plan; and 
    (3) how the task force ranks applications and awards grants 
to Minnesota applicants under sections 121.704 to 121.709. 
    Sec. 19.  [SEVERANCE.] 
    Any provision in this act that makes the state ineligible 
to receive a grant under Public Law Number 101-610 or other 
federal laws funding youth works programs is severed and has no 
effect. 
    Sec. 20.  [REPEALER.] 
    Sections 6 to 12 are repealed June 30, 1998. 
    Presented to the governor May 10, 1993 
    Signed by the governor May 13, 1993, 5:08 p.m.