Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes