HF 1014

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; establishing alcohol health impact fund; imposing
alcohol health impact fee; modifying provisions relating to possession and sale
of controlled substances; imposing chemical use assessment requirements and
fee on persons arrested for DWI but convicted of another offense; providing
for prostitution assessment and treatment; modifying chemical dependency
services and eligibility provisions; allowing credit for brewers for payment of
certain taxes and fees; modifying community-oriented policing grant program;
establishing pilot project for Phillips neighborhood; requiring sentencing study;
requiring judicial training in chemical use assessments; appropriating money;
amending Minnesota Statutes 2004, sections 152.01, subdivision 14a, by
adding subdivisions; 152.021, subdivision 1; 152.022, subdivision 1; 152.023,
subdivision 2; 152.024, subdivision 1; 169A.275, subdivision 5; 169A.284,
subdivision 1; 169A.54, subdivision 11; 169A.70, subdivision 2, by adding
subdivisions; 254B.01, subdivisions 2, 3; 254B.02, subdivision 1; 254B.03,
subdivisions 1, 4; 254B.04, subdivisions 1, 3; 254B.06, subdivisions 1, 2;
297G.04, subdivision 2; 297G.10; 299A.62, subdivisions 1, 2; 299A.63, by
adding a subdivision; 609.115, subdivision 8, by adding a subdivision; 609.135,
by adding subdivisions; 609.153, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapters 16A; 254A; 297G; 373; 609; repealing Minnesota
Statutes 2004, sections 254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4,
5, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end

new text begin The legislature finds that:
new text end

new text begin (1) impaired driving offenses kill and injure more Minnesotans than any other crime;
new text end

new text begin (2) many violent crimes are committed by offenders who are under the influence
of alcohol or controlled substances; and
new text end

new text begin (3) alcohol abuse and controlled substance abuse contribute to domestic violence
and destroy families.
new text end

new text begin The legislature considers the need to address the problem of alcohol and controlled
substance abuse to be a high priority. Furthermore, the legislature determines that the costs
of fighting abuse shall be funded by those who use alcohol. Consequently, the legislature
is imposing a fee on the sale of alcohol to fund aggressive efforts to reduce impaired
driving offenses and generally prevent crime, injury, and loss of life through chemical
dependency prevention, screening, and treatment and through increased law enforcement,
prosecution, and incarceration efforts.
new text end

Sec. 2.

new text begin [16A.726] ALCOHOL HEALTH IMPACT FUND AND FUND
REIMBURSEMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Alcohol health impact fund. new text end

new text begin There is created in the state treasury
an alcohol health impact fund to which must be credited all revenue from the alcohol
health impact fee under section 297G.23.
new text end

new text begin Subd. 2. new text end

new text begin Certified alcohol expenditures. new text end

new text begin By April 30 of each fiscal year, the
commissioners of public safety, corrections, and human services shall certify to the
commissioner of finance the state budget costs attributable to alcohol and controlled
substance use, and the net of the collections of the taxes imposed under sections 295.75,
297G.03, and 297G.04, for the previous fiscal year. These costs include, but are not
limited to, costs to:
new text end

new text begin (1) enforce laws for driving while impaired;
new text end

new text begin (2) employ law enforcement officers to increase efforts for targeting crime for
driving while impaired;
new text end

new text begin (3) fund grants to local units of government to conduct compliance checks for
on-sale and off-sale intoxicating liquor holders;
new text end

new text begin (4) fund community policing grants;
new text end

new text begin (5) fund grants to prevent domestic violence and to provide services to victims of
domestic violence;
new text end

new text begin (6) incarcerate offenders of driving while impaired laws and provide programs
for these offenders;
new text end

new text begin (7) pay costs associated with incarcerating offenders and to provide programs for
these offenders;
new text end

new text begin (8) fund grants to counties to establish and operate intensive probation programs for
repeat impaired driving offenders;
new text end

new text begin (9) increase chemical dependency treatment programs at state prisons;
new text end

new text begin (10) provide chemical dependency treatment;
new text end

new text begin (11) fund health and human services program costs;
new text end

new text begin (12) fund increased judicial training relating to a judge??a??a??s powers and duties regarding
chemical use assessments;
new text end

new text begin (13) fund grants to counties for court services and correctional costs related to
conducting chemical use assessments; and
new text end

new text begin (14) fund education and crime prevention initiatives.
new text end

new text begin Subd. 3. new text end

new text begin Fund reimbursements. new text end

new text begin In each fiscal year, the commissioner of finance
shall transfer from the alcohol health impact fund to the general fund an amount sufficient
to offset the general fund cost of the certified expenditures under subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 152.01, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Emergency shelter zone. new text end

new text begin "Emergency shelter zone" means a crisis
shelter for battered women or housing networks for battered women, and includes the area
within 300 feet or one city block, whichever distance is greater, of the shelter's property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 152.01, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Homeless shelter zone. new text end

new text begin "Homeless shelter zone" means a shelter that
serves the needs of emergency and long-term homelessness, and includes the area within
300 feet or one city block, whichever distance is greater, of the shelter's property.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 152.01, subdivision 14a, is amended to read:

Subd. 14a.

School zone.

"School zone" means:

(1) any property owned, leased, or controlled by a school district or an organization
operating a nonpublic school, as defined in section 123B.41, subdivision 9, where an
elementary, middle, secondary school, secondary vocational center or other school
providing educational services in grade one through grade 12 is located, or used for
educational purposes, or where extracurricular or cocurricular activities are regularly
provided;

(2) the area surrounding school property as described in clause (1) to a distance of
300 feet or one city block, whichever distance is greater, beyond the school property; and

(3) the area within a school bus when that bus is being used to transport one or more
elementary or secondary school students new text begin , and school bus stops established by a school
board under section 123B.88, while school children are waiting for the bus new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 152.021, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the first degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing cocaine, heroin, or
methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 50 grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; or

(4) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or more
containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
housing zone, new text begin an emergency shelter zone, a homeless shelter zone, new text end or a drug treatment
facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 152.022, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime
in the second degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of three grams or more containing cocaine, heroin, or
methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of ten grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols;

(5) the person unlawfully sells any amount of a schedule I or II narcotic drug to a
person under the age of 18, or conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, new text begin an emergency shelter zone, a homeless zone, new text end or a drug treatment
facility:

(i) any amount of a schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 152.023, subdivision 2, is amended to read:

Subd. 2.

Possession crimes.

A person is guilty of controlled substance crime in
the third degree if:

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing cocaine, heroin,
or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or

(6) the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
new text begin an emergency shelter zone, a homeless shelter zone, new text end or a drug treatment facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 152.024, subdivision 1, is amended to read:

Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the fourth degree if:

(1) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule I, II, or III, except marijuana or Tetrahydrocannabinols;

(2) the person unlawfully sells one or more mixtures containing a controlled
substance classified in schedule IV or V to a person under the age of 18;

(3) the person conspires with or employs a person under the age of 18 to unlawfully
sell a controlled substance classified in schedule IV or V; or

(4) the person unlawfully sells any amount of marijuana or Tetrahydrocannabinols in
a school zone, a park zone, a public housing zone, new text begin an emergency shelter zone, a homeless
shelter zone, new text end or a drug treatment facility, except a small amount for no remuneration.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 169A.275, subdivision 5, is amended to read:

Subd. 5.

Level of care recommended in chemical use assessment.

Unless the
court commits the person to the custody of the commissioner of corrections as provided in
section 169A.276 (mandatory penalties; felony violations), in addition to other penalties
required under this section, new text begin if the person has not already done so, new text end the court shall order
a person to submit to the level of care recommended in the chemical use assessment
conducted under section 169A.70 (alcohol safety program; chemical use assessments)
if the person new text begin :
new text end

new text begin (1) new text end is convicted of violating section 169A.20 (driving while impaired) deleted text begin while having
an alcohol concentration of 0.20 or more as measured at the time, or within two hours of
the time, of the offense or if the violation occurs within ten years of one or more qualified
prior impaired driving incidents. deleted text end new text begin ; or
new text end

new text begin (2) is arrested for violating section 169A.20, but is convicted of another offense
arising out of the circumstances surrounding the arrest.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 169A.284, subdivision 1, is amended to read:

Subdivision 1.

When required.

(a) When a court sentences a person convicted of
an offense enumerated in section 169A.70, subdivision 2 new text begin , paragraph (b), clause (1) or (2),
new text end (chemical use assessment; requirement; form), it shall impose a chemical dependency
assessment charge of $125. A person shall pay an additional surcharge of $5 if the
person is convicted of a violation of section 169A.20 (driving while impaired) within five
years of a prior impaired driving conviction or a prior conviction for an offense arising
out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the sentence is executed,
stayed, or suspended. The court may not waive payment or authorize payment of the
assessment charge and surcharge in installments unless it makes written findings on the
record that the convicted person is indigent or that the assessment charge and surcharge
would create undue hardship for the convicted person or that person's immediate family.

(b) The chemical dependency assessment charge and surcharge required under
this section are in addition to the surcharge required by section 357.021, subdivision 6
(surcharges on criminal and traffic offenders).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 169A.54, subdivision 11, is amended to read:

Subd. 11.

Chemical use assessment.

When the evidentiary test shows an alcohol
concentration of 0.07 or more, that result must be reported to the commissioner. The
commissioner shall record that fact on the driver's record. When the driver's record shows
a second or subsequent report of an alcohol concentration of 0.07 or more within two
years of a recorded report, the commissioner may require that the driver have a chemical
use assessment meeting the commissioner's requirements new text begin and those of section 169A.70 new text end .
The assessment must be at the driver's expense. In no event shall the commissioner deny
the license of a person who refuses to take the assessment or to undertake treatment, if
treatment is indicated by the assessment, for longer than 90 days. If an assessment is
made pursuant to this section, the commissioner may waive the assessment required
by section 169A.70.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 169A.70, subdivision 2, is amended to read:

Subd. 2.

Chemical use assessment requirement.

new text begin (a) As used in this subdivision,
"violent crime" has the meaning given in section 609.133, subdivision 1.
new text end

new text begin (b) new text end A chemical use assessment must be conducted and an assessment report
submitted to the court and to the Department of Public Safety by the county agency
administering the alcohol safety program when:

(1) the defendant is convicted of an offense described in section 169A.20 (driving
while impaired), 169A.31 (alcohol-related school bus and Head Start bus driving), or
360.0752 (impaired aircraft operation); deleted text begin or deleted text end

(2) the defendant is arrested for committing an offense described in clause (1) but is
convicted of another offense arising out of the circumstances surrounding the arrest new text begin ; or
new text end

new text begin (3) the defendant is convicted of a violent crime new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 169A.70, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Timing of assessment. new text end

new text begin Chemical use assessments conducted under this
section must be completed at the earliest time possible. It is a strong preference that the
interview with the offender be conducted while the offender is being initially held in
custody after arrest.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 169A.70, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Court's authority to require assessments in other instances. new text end

new text begin A court
having jurisdiction over a person in a juvenile, criminal, or civil commitment proceeding
may order that the person submit to a chemical use assessment under this section if the
court has reason to believe that the person may have a chemical dependency problem.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

new text begin [254A.19] PROSTITUTION ASSESSMENT AND TREATMENT.
new text end

new text begin The commissioner of human services shall adopt by rule criteria to be used in
conducting prostitution assessments of offenders under section 609.115, subdivision 10.
The criteria shall address, at a minimum, the family relationship, past treatment history,
medical or physical problems, arrest record, employment situation, child care situation,
and housing situation of the offender. The commissioner shall also adopt by rule standards
to qualify a person to:
new text end

new text begin (1) assess offenders for prostitution treatment plans; and
new text end

new text begin (2) provide a prostitution treatment plan as indicated in a prostitution assessment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 17.

Minnesota Statutes 2004, section 254B.01, subdivision 2, is amended to read:

Subd. 2.

American Indian.

For purposes of services provided under deleted text begin section
254B.09, subdivision 7 deleted text end new text begin this chapter new text end , "American Indian" means new text begin :
new text end

new text begin (1) new text end a person who is a member of an Indian tribe, and the commissioner shall use the
definitions of "Indian" and "Indian tribe" and "Indian organization" provided in Public
Law 93-638 deleted text begin . For purposes of services provided under section 254B.09, subdivision 4,
"American Indian" means deleted text end new text begin ; or
new text end

new text begin (2) new text end a resident of federally recognized tribal lands who is recognized as an Indian
person by the federally recognized tribal governing body.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 18.

Minnesota Statutes 2004, section 254B.01, subdivision 3, is amended to read:

Subd. 3.

Chemical dependency services.

"Chemical dependency services" means a
planned program of care for the treatment of chemical dependency or chemical abuse to
minimize or prevent further chemical abuse by the person new text begin , including, but not limited to,
aftercare services, case management, counseling, employment or educational services,
and sober housing new text end . Diagnostic, evaluation, prevention, referral, new text begin and new text end detoxification deleted text begin , and
aftercare services deleted text end that are not part of a program of care licensable as a residential or
nonresidential chemical dependency treatment program are not chemical dependency
services for purposes of this section. For pregnant and postpartum women, chemical
dependency services include halfway house services deleted text begin , aftercare services, deleted text end new text begin and new text end psychological
services deleted text begin , and case management deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 19.

Minnesota Statutes 2004, section 254B.02, subdivision 1, is amended to read:

Subdivision 1.

Chemical dependency treatment allocation.

The chemical
dependency funds appropriated for allocation shall be placed in a special revenue account.
The commissioner shall annually transfer funds from the chemical dependency fund to pay
for operation of the drug and alcohol abuse normative evaluation system and to pay for all
costs incurred by adding two positions for licensing of chemical dependency treatment
and rehabilitation programs located in hospitals for which funds are not otherwise
appropriated. deleted text begin For each year of the biennium ending June 30, 1999, the commissioner shall
allocate funds to the American Indian chemical dependency tribal account for treatment
of American Indians by eligible vendors under section , equal to the amount
allocated in fiscal year 1997. The commissioner shall annually divide the money available
in the chemical dependency fund that is not held in reserve by counties from a previous
allocation, or allocated to the American Indian chemical dependency tribal account. Six
percent of the remaining money must be reserved for the nonreservation American Indian
chemical dependency allocation for treatment of American Indians by eligible vendors
under section deleted text begin 254B.05, subdivision 1 deleted text end . The remainder of the money must be allocated
among the counties according to the following formula, using state demographer data and
other data sources determined by the commissioner:
deleted text end

deleted text begin (a) For purposes of this formula, American Indians and children under age 14 are
subtracted from the population of each county to determine the restricted population.
deleted text end

deleted text begin (b) The amount of chemical dependency fund expenditures for entitled persons for
services not covered by prepaid plans governed by section in the previous year is
divided by the amount of chemical dependency fund expenditures for entitled persons for
all services to determine the proportion of exempt service expenditures for each county.
deleted text end

deleted text begin (c) The prepaid plan months of eligibility is multiplied by the proportion of exempt
service expenditures to determine the adjusted prepaid plan months of eligibility for
each county.
deleted text end

deleted text begin (d) The adjusted prepaid plan months of eligibility is added to the number of
restricted population fee for service months of eligibility for the Minnesota family
investment program, general assistance, and medical assistance and divided by the county
restricted population to determine county per capita months of covered service eligibility.
deleted text end

deleted text begin (e) The number of adjusted prepaid plan months of eligibility for the state is added
to the number of fee for service months of eligibility for the Minnesota family investment
program, general assistance, and medical assistance for the state restricted population and
divided by the state restricted population to determine state per capita months of covered
service eligibility.
deleted text end

deleted text begin (f) The county per capita months of covered service eligibility is divided by the
state per capita months of covered service eligibility to determine the county welfare
caseload factor.
deleted text end

deleted text begin (g) The median married couple income for the most recent three-year period
available for the state is divided by the median married couple income for the same period
for each county to determine the income factor for each county.
deleted text end

deleted text begin (h) The county restricted population is multiplied by the sum of the county welfare
caseload factor and the county income factor to determine the adjusted population.
deleted text end

deleted text begin (i) $15,000 shall be allocated to each county.
deleted text end

deleted text begin (j) The remaining funds shall be allocated proportional to the county adjusted
population.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 20.

Minnesota Statutes 2004, section 254B.03, subdivision 1, is amended to read:

Subdivision 1.

Local agency duties.

(a) Every local agency shall provide chemical
dependency services to persons residing within its jurisdiction who meet criteria
established by the commissioner for placement in a chemical dependency residential or
nonresidential treatment service. Chemical dependency money must be administered
by the local agencies according to law and rules adopted by the commissioner under
sections 14.001 to 14.69.

(b) In order to contain costs, the county board shall, with the approval of the
commissioner of human services, select eligible vendors of chemical dependency services
who can provide economical and appropriate treatment. Unless the local agency is a social
services department directly administered by a county or human services board, the local
agency shall not be an eligible vendor under section 254B.05. The commissioner may
approve proposals from county boards to provide services in an economical manner or to
control utilization, with safeguards to ensure that necessary services are provided. If a
county implements a demonstration or experimental medical services funding plan, the
commissioner shall transfer the money as appropriate. If a county selects a vendor located
in another state, the county shall ensure that the vendor is in compliance with the rules
governing licensure of programs located in the state.

(c) deleted text begin The calendar year 2002 rate for vendors may not increase more than three
percent above the rate approved in effect on January 1, 2001. The calendar year 2003
rate for vendors may not increase more than three percent above the rate in effect on
January 1, 2002. The calendar years 2004 and 2005 rates may not exceed the rate in
effect on January 1, 2003.
deleted text end

deleted text begin (d) deleted text end A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to
persons not covered by the variance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 21.

Minnesota Statutes 2004, section 254B.03, subdivision 4, is amended to read:

Subd. 4.

Division of costs.

Except for services provided by a county under
section 254B.09, subdivision 1, or services provided under section 256B.69 or 256D.03,
subdivision 4, paragraph (b), the county shall, out of local money, pay the state for deleted text begin 15 deleted text end new text begin five
new text end percent of the cost of chemical dependency services, including those services provided
to persons eligible for medical assistance under chapter 256B and general assistance
medical care under chapter 256D. Counties may use the indigent hospitalization levy for
treatment and hospital payments made under this section. deleted text begin Fifteen deleted text end new text begin Five new text end percent of any state
collections from private or third-party pay, less deleted text begin 15 deleted text end new text begin five new text end percent of the cost of payment and
collections, must be distributed to the county that paid for a portion of the treatment under
this section. deleted text begin If all funds allocated according to section 254B.02 are exhausted by a county
and the county has met or exceeded the base level of expenditures under section 254B.02,
subdivision 3, the county shall pay the state for 15 percent of the costs paid by the state
under this section. The commissioner may refuse to pay state funds for services to persons
not eligible under section 254B.04, subdivision 1, if the county financially responsible for
the persons has exhausted its allocation. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 22.

Minnesota Statutes 2004, section 254B.04, subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, persons eligible for medical assistance benefits under
sections 256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, or who meet
the income standards of section 256B.056, subdivision 4, and persons eligible for general
assistance medical care under section 256D.03, subdivision 3, are entitled to chemical
dependency fund services. deleted text begin State money appropriated for this paragraph must be placed in
a separate account established for this purpose. deleted text end

Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county
shall pay for out-of-home placement costs, if applicable.

(b) A person not entitled to services under paragraph (a) deleted text begin , but with family income
that is less than 215 percent of the federal poverty guidelines for the applicable family
size, shall be eligible to receive chemical dependency fund services within the limit
of funds appropriated for this group for the fiscal year. If notified by the state agency
of limited funds, a county must give preferential treatment to persons with dependent
children who are in need of chemical dependency treatment pursuant to an assessment
under section 626.556, subdivision 10, or a case plan under section 260C.201, subdivision
6, or 260C.212. A county may spend money from its own sources to serve persons under
this paragraph. State money appropriated for this paragraph must be placed in a separate
account established for this purpose. deleted text end

deleted text begin (c) Persons whose income is between 215 percent and 412 percent of the federal
poverty guidelines for the applicable family size deleted text end shall be eligible for chemical dependency
services on a sliding fee basis deleted text begin , within the limit of funds appropriated for this group for the
fiscal year deleted text end . Persons eligible under this paragraph must contribute to the cost of services
according to the sliding fee scale established under subdivision 3. deleted text begin A county may spend
money from its own sources to provide services to persons under this paragraph. State
money appropriated for this paragraph must be placed in a separate account established
for this purpose.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 23.

Minnesota Statutes 2004, section 254B.04, subdivision 3, is amended to read:

Subd. 3.

Amount of contribution.

The commissioner shall adopt a sliding fee scale
to determine the amount of contribution to be required from persons under this section.
The commissioner may adopt rules to amend existing fee scales. The commissioner
may establish a separate fee scale for recipients of chemical dependency transitional and
extended care rehabilitation services that provides for the collection of fees for board
and lodging expenses. The fee schedule shall ensure that employed persons are allowed
the income disregards and savings accounts that are allowed residents of community
mental illness facilities under section 256D.06, subdivisions 1 and 1b. deleted text begin The fee scale
must not provide assistance to persons whose income is more than 115 percent of the
state median income. deleted text end Payments of liabilities under this section are medical expenses for
purposes of determining spenddown under sections 256B.055, 256B.056, 256B.06, and
256D.01 to 256D.21. The required amount of contribution established by the fee scale in
this subdivision is also the cost of care responsibility subject to collection under section
254B.06, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 24.

Minnesota Statutes 2004, section 254B.06, subdivision 1, is amended to read:

Subdivision 1.

State collections.

The commissioner is responsible for all collections
from persons determined to be partially responsible for the cost of care of an eligible
person receiving services under deleted text begin Laws 1986, chapter 394, sections 8 to 20 deleted text end new text begin this chapter new text end .
The commissioner may initiate, or request the attorney general to initiate, necessary civil
action to recover the unpaid cost of care. The commissioner may collect all third-party
payments for chemical dependency services provided under deleted text begin Laws 1986, chapter 394,
sections 8 to 20 deleted text end new text begin this chapter new text end , including private insurance and federal Medicaid and
Medicare financial participation. The commissioner shall deposit in a dedicated account
a percentage of collections to pay for the cost of operating the chemical dependency
consolidated treatment fund invoice processing and vendor payment system, billing, and
collections. The remaining receipts must be deposited in the chemical dependency fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 25.

Minnesota Statutes 2004, section 254B.06, subdivision 2, is amended to read:

Subd. 2.

Allocation of collections.

The commissioner shall allocate all federal
financial participation collections to the deleted text begin reserve deleted text end new text begin chemical dependency new text end fund under section
254B.02, subdivision deleted text begin 3 deleted text end new text begin 1 new text end . The commissioner shall retain deleted text begin 85 deleted text end new text begin 95 new text end percent of patient
payments and third-party payments and allocate the collections to the treatment allocation
for the county that is financially responsible for the person. deleted text begin Fifteen deleted text end new text begin Five new text end percent of patient
and third-party payments must be paid to the county financially responsible for the patient.
Collections for patient payment and third-party payment for services provided under
section 254B.09 shall be allocated to the allocation of the tribal unit which placed the
person. Collections of federal financial participation for services provided under section
254B.09 shall be allocated to the deleted text begin tribal reserve account deleted text end new text begin chemical dependency fund new text end under
section deleted text begin 254B.09 deleted text end new text begin 254B.02 new text end , subdivision deleted text begin 5 deleted text end new text begin 1 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 26.

Minnesota Statutes 2004, section 297G.04, subdivision 2, is amended to read:

Subd. 2.

Tax credit.

A qualified brewer producing fermented malt beverages is
entitled to a deleted text begin tax deleted text end credit of deleted text begin $4.60 deleted text end new text begin $37.52 new text end per barrel on 25,000 barrels sold in any fiscal year
beginning July 1, regardless of the alcohol content of the product. new text begin This credit applies to
the tax imposed under section 297G.04 and the fee under section 297G.23. new text end Qualified
brewers may take the credit on the 18th day of each month, but the total credit allowed
may not exceed in any fiscal year the lesser of:

(1) the liability for tax; or

(2) $115,000.

For purposes of this subdivision, a "qualified brewer" means a brewer, whether
or not located in this state, manufacturing less than 100,000 barrels of fermented malt
beverages in the calendar year immediately preceding the calendar year for which the
credit under this subdivision is claimed. In determining the number of barrels, all brands
or labels of a brewer must be combined. All facilities for the manufacture of fermented
malt beverages owned or controlled by the same person, corporation, or other entity
must be treated as a single brewer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes and fees imposed after
June 30, 2006.
new text end

Sec. 27.

Minnesota Statutes 2004, section 297G.10, is amended to read:

297G.10 DEPOSIT OF PROCEEDS.

new text begin Except as provided in section 297G.23, subdivision 4, new text end all tax revenues and other
receipts payable to the state under this chapter must be paid into the state treasury and
credited to the general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 28.

new text begin [297G.23] ALCOHOL HEALTH IMPACT FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin An alcohol use health impact fee is imposed on and
collected from any person subject to tax under this chapter to recover for the state, public
safety, corrections, court, health, and human services costs related to or caused by alcohol
use and to reduce alcohol use.
new text end

new text begin Subd. 2. new text end

new text begin Fee imposed. new text end

new text begin In addition to tax imposed under section 297G.03,
subdivisions 1 and 2, and section 297G.04, subdivision 1, an alcohol health impact fee is
imposed upon all distilled spirits, beer, wine, and cider in this state at the following rates:
new text end

new text begin (1) on distilled spirits, liqueurs, cordials, and specialties regardless of alcohol
content (excluding ethyl alcohol), $12.66 per gallon and $3.40 per liter;
new text end

new text begin (2) on wine containing 14 percent or less alcohol by volume (except cider as defined
in section 297G.01, subdivision 3a), $2.10 per gallon and $.56 per liter;
new text end

new text begin (3) on wine containing more than 14 percent but not more than 21 percent alcohol by
volume, $2.06 per gallon and $.56 per liter;
new text end

new text begin (4) on wine containing more than 21 percent but not more than 24 percent alcohol by
volume, $2.06 per gallon and $.56 per liter;
new text end

new text begin (5) on wine containing more than 24 percent alcohol by volume, $2.04 per gallon
and $.56 per liter;
new text end

new text begin (6) on natural and artificial sparkling wines containing alcohol, $2.06 per gallon
and $.56 per liter;
new text end

new text begin (7) on cider as defined in section 297G.01, subdivision 3a, $2.10 per gallon and
$.56 per liter;
new text end

new text begin (8) on miniatures, $.10 per bottle;
new text end

new text begin (9) on fermented malt beverages containing not more than 3.2 percent alcohol by
weight, $32.92 per 31-gallon barrel; and
new text end

new text begin (10) on fermented malt beverages containing more than 3.2 percent alcohol by
weight, $32.92 per 31-gallon barrel.
new text end

new text begin Subd. 3. new text end

new text begin Administrative and other provisions of this chapter. new text end

new text begin The fee under this
section must be treated as if it is a tax for purposes of all of the provisions of this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Deposit of revenues. new text end

new text begin The commissioner of revenue shall deposit the
revenues from the fee under this section in the state treasury and credit them to the alcohol
health impact fund under section 16A.726.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 29.

Minnesota Statutes 2004, section 299A.62, subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) A community-oriented policing grant
program is established under the administration of the commissioner of public safety.

(b) Grants may be awarded as provided in subdivision 2 for the following purposes:

(1) to enable local law enforcement agencies to hire law enforcement officers. The
grants must be used by law enforcement agencies to increase the complement of officers in
the agency by paying the salaries of new officers who replace an existing officer who has
been reassigned primarily to investigate and prevent new text begin impaired driving crimes, domestic
violence crimes, or new text end juvenile crime or to perform community-oriented policing duties;

(2) to enable local law enforcement agencies to assign overtime officers to high
crime areas within their jurisdictions; and

(3) to enable local law enforcement agencies to implement or expand
community-oriented policing projects, liaison efforts with local school districts, and other
innovative community policing initiatives.

new text begin (c) Grants under paragraph (b), clause (3), for community policing activities must
be provided for areas with high crime rates and gang, drug, or prostitution activity, for
programs that:
new text end

new text begin (1) include education and training for both peace officers and the community on
community policing initiatives;
new text end

new text begin (2) assign designated peace officers for a period of at least one year to work
exclusively in the area where the enhanced community policing efforts will take place; and
new text end

new text begin (3) include regular community meetings with the designated peace officers,
prosecuting authorities, judges with jurisdiction in the area, and community members to
further law enforcement outreach efforts.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 30.

Minnesota Statutes 2004, section 299A.62, subdivision 2, is amended to read:

Subd. 2.

Awarding grant.

new text begin (a) new text end Grants under this section deleted text begin shall deleted text end new text begin must new text end be awarded
by the commissioner of public safety. Before any grants are awarded, a committee
consisting of the attorney general, and representatives from the Minnesota Chiefs of Police
Association, the Minnesota Sheriffs Association, and the Minnesota Police and Peace
Officers Association, shall evaluate the grant applications. Before grants are awarded,
the commissioner shall meet and consult with the committee concerning its evaluation of
and recommendations on grant proposals.

new text begin (b) new text end A grant under subdivision 1, paragraph (b), clause (1), may be awarded only to a
law enforcement agency that demonstrates in its application that it currently has a need
for an additional officer to be assigned to:

(1) community-oriented policing duties; deleted text begin or deleted text end

(2) the investigation and prevention of juvenile crime, based on the juvenile crime
rate in the area over which the agency has jurisdiction new text begin ; new text end

new text begin (3) the investigation and prevention of impaired driving crimes; or
new text end

new text begin (4) the investigation and prevention of domestic violence crimes new text end .

new text begin (c) new text end More than one grant under subdivision 1, paragraph (b), clause (1), may be
awarded to an agency; however, each grant may fund only one position. At least 50
percent of the grants awarded under subdivision 1, paragraph (b), clause (1), must be
awarded to the cities of Minneapolis and St. Paul.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 31.

Minnesota Statutes 2004, section 299A.63, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Phillips neighborhood safe zone. new text end

new text begin (a) The commissioner of public safety
shall establish a two-year Phillips neighborhood safe zone pilot project that seeks to
reduce criminal activity in the Phillips neighborhood community in Minneapolis. The
project must include, but is not limited to, the following programs: misdemeanant
treatment, aftercare services, drug court programs, prostitution treatment, chemical
dependency treatment, preschool and after-school programs for children, a Youthbuild
program, public safety technology enhancement, probationary services, mental health
assessments and treatment, a restorative justice project, and community-based policing
including undercover operations.
new text end

new text begin (b) The commissioner must establish an oversight committee or utilize an existing
oversight committee to monitor the pilot project, conduct an evaluation, and disperse
funds.
new text end

new text begin (c) By January 1, 2009, the commissioner shall report to the chairs and ranking
minority members of the senate and house divisions having jurisdiction over criminal
justice funding and policy on the results of the pilot project.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 32.

new text begin [373.50] REQUIREMENT TO PROVIDE CHEMICAL DEPENDENCY
TREATMENT.
new text end

new text begin Each county shall provide comprehensive, needs-specific chemical dependency
treatment programs and services and aftercare services to individuals within the county's
criminal justice system. The programs and services must take into account the fact that
the person has committed a criminal offense and other issues including the individual's
gender, ethnic, cultural, employment, housing, child care, and mental health needs. If the
county does not offer a specific program or service appropriate for an individual, the
county shall ensure that the individual is offered the program or service elsewhere.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 33.

Minnesota Statutes 2004, section 609.115, subdivision 8, is amended to read:

Subd. 8.

Chemical use assessment required.

(a) If a person is convicted of a
felony, the probation officer shall determine in the report prepared under subdivision 1
whether or not alcohol or drug use was a contributing factor to the commission of the
offense. If so, the report shall contain the results of a chemical use assessment conducted
in accordance with this subdivision. The probation officer shall make an appointment for
the defendant to undergo the chemical use assessment if so indicated. new text begin If the person is
convicted of a violent crime as defined in section 609.133, subdivision 1, the provisions of
that section apply.
new text end

(b) The chemical use assessment report must include a recommended level of
care for the defendant in accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03, subdivision 3. The assessment
must be conducted by an assessor qualified under rules adopted by the commissioner of
human services under section 254A.03, subdivision 3. An assessor providing a chemical
use assessment may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider. If an independent assessor
is not available, the probation officer may use the services of an assessor authorized
to perform assessments for the county social services agency under a variance granted
under rules adopted by the commissioner of human services under section 254A.03,
subdivision 3.

new text begin (c) A chemical use assessment and report conducted under this subdivision must
meet the standards described in section 169A.70.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 34.

Minnesota Statutes 2004, section 609.115, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Prostitution assessment required. new text end

new text begin (a) If a person is convicted of a
controlled substance crime under chapter 152 or a prostitution crime under sections
609.321 to 609.3243, other than as a patron as defined in section 609.321, subdivision 4,
the probation officer shall determine in the report prepared under subdivision 1 whether
or not prostitution was a contributing factor to the commission of the offense. If so, the
report shall contain the results of a prostitution assessment conducted in accordance with
this subdivision. The probation officer shall make an appointment for the defendant to
undergo the prostitution assessment if so indicated.
new text end

new text begin (b) The prostitution assessment report must include a recommended treatment plan
if the assessor concludes that the offender is in need of treatment. Treatment plans may
include chemical dependency treatment, mental health treatment, aftercare services, sexual
abuse treatment, or an individualized program that may:
new text end

new text begin (1) establish goals for the offender and monitor performance of these goals;
new text end

new text begin (2) provide individual, group, or family counseling services; and
new text end

new text begin (3) assist the offender in identifying and contacting appropriate community
resources, including affordable housing, child care programs, educational services, and
job training.
new text end

new text begin The assessment must be conducted by an assessor qualified under section 254A.19
to perform these assessments. An assessor providing a prostitution assessment may not
have any direct or shared financial interest or referral relationship resulting in shared
financial gain with a treatment provider. If an independent assessor is not available, the
probation officer may use the services of an assessor with a financial interest or referral
relationship as authorized under rules adopted by the commissioner of human services
under section 254A.19.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 35.

new text begin [609.133] CHEMICAL DEPENDENCY TREATMENT; ASSESSMENT
CHARGE.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "violent crime" has the meaning
given in section 609.1095, subdivision 1. The term also includes violations of sections
609.2231, 609.224, and 609.2242.
new text end

new text begin Subd. 2. new text end

new text begin Assessment conducted. new text end

new text begin The court shall ensure that a chemical use
assessment is conducted on a person convicted of a violent crime as required in section
169A.70, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Charge. new text end

new text begin (a) When a court sentences a person convicted of a violent crime,
it shall impose a chemical dependency assessment charge of $125. The court may not
waive payment or authorize payment of the assessment charge in installments unless it
makes written findings on the record that the convicted person is indigent or that the
assessment charge would create undue hardship for the convicted person or that person's
immediate family.
new text end

new text begin (b) The county shall collect and forward to the commissioner of finance $25 of the
chemical dependency assessment charge within 60 days after sentencing or explain to the
commissioner in writing why the money was not forwarded within this time period. The
commissioner shall credit the money to the general fund. The county shall collect and
keep $100 of the chemical dependency assessment charge.
new text end

new text begin (c) The chemical dependency assessment charge required under this section is in
addition to the surcharge required by section 357.021, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 36.

Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Violation of an exclusion order. new text end

new text begin If the court issues an exclusion order
against a defendant and the defendant violates the order, the defendant is guilty of a gross
misdemeanor. For purposes of this section, an "exclusion order" means an order entered
by the court as a condition of pretrial release, probation, parole, or a stay of adjudication
or sentence, that an individual is not to enter a specified geographic area.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 37.

Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Certain persons to receive mandatory chemical dependency treatment.
new text end

new text begin If a court stays the imposition or execution of sentence for a person convicted of a violent
crime as defined in section 609.133, subdivision 1, as a condition of probation and in
addition to any other conditions imposed, the court shall order the person to submit to the
level of care recommended in the chemical use assessment described in section 169A.70.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 38.

Minnesota Statutes 2004, section 609.153, subdivision 1, is amended to read:

Subdivision 1.

Application.

This section applies to the following misdemeanor-level
crimes: sections 609.324 (prostitution); 609.546 (motor vehicle tampering); 609.595
(damage to property); new text begin 609.605 (trespass); new text end and 609.66 (dangerous weapons); and violations
of local ordinances prohibiting deleted text begin the unlawful sale or possession of controlled substances deleted text end new text begin
trespass or loitering with intent to commit a crime new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 39. new text begin STUDY; SENTENCING GUIDELINES COMMISSION.
new text end

new text begin The Sentencing Guidelines Commission shall study the feasibility and effectiveness
of extending the sentencing guidelines to include presumptive, fixed sentences for
offenders convicted of misdemeanor and gross misdemeanor offenses. The commission
shall report its findings to the house of representatives and senate committees having
jurisdiction over criminal justice policy and funding by January 15, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 40. new text begin JUDICIAL TRAINING.
new text end

new text begin The Supreme Court shall include in its judicial education program training relating
to a judge's powers and duties regarding chemical use assessments.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 41. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... for the fiscal year ending June 30, 2007, is appropriated from the general
fund to the commissioner of public safety. This appropriation must become part of the
base appropriation. Of these amounts:
new text end

new text begin (1) $....... is to increase the complement of state troopers assigned to enforcing
laws on driving while impaired;
new text end

new text begin (2) $....... is for grants under Minnesota Statutes, section 299A.62, subdivision 1,
paragraph (b), clause (1), to hire law enforcement officers to increase law enforcement
efforts targeting crimes for driving while impaired;
new text end

new text begin (3) $....... is for grants to local units of government to conduct compliance checks for
on-sale and off-sale intoxicating liquor license holders to determine whether the license
holder is complying with Minnesota Statutes, section 340A.503;
new text end

new text begin (4) $....... is for community policing grants under Minnesota Statutes, section
299A.62, subdivision 1, paragraph (b), clause (3); and
new text end

new text begin (5) $....... is for grants to prevent domestic violence and to provide services to
victims of domestic violence.
new text end

new text begin The commissioner shall develop criteria for awarding grants under clause (3).
Notwithstanding Minnesota Statutes, section 299A.62, subdivision 2, more than 50
percent of the grants described in clause (2) may be made to government entities other
than Minneapolis and St. Paul. By September 30, 2007, each law enforcement agency
receiving a grant under clause (4) shall provide a written report to the commissioner of
public safety describing how the grant was used and evaluating the effectiveness of the
enhanced community policing provided under this grant. By December 15, 2007, the
commissioner of public safety shall report to the chairs and ranking minority leaders
of the house of representatives and senate committees with jurisdiction over criminal
justice policy and funding on distribution of grants under clause (4). This report also
shall summarize the information provided to the commissioner by the law enforcement
agencies receiving grants.
new text end

new text begin (b) $....... for the fiscal year ending June 30, 2007, is appropriated from the general
fund to the commissioner of corrections. This appropriation must become part of the base
appropriation. Of these amounts:
new text end

new text begin (1) $....... is for grants under Minnesota Statutes, section 241.022, subdivisions 1
and 2, for costs associated with incarcerating impaired driving offenders and providing
programming for these offenders;
new text end

new text begin (2) $....... is for the department's costs associated with incarcerating felony impaired
driving offenders and providing programs for these offenders;
new text end

new text begin (3) $....... is for grants to counties to establish and operate intensive probation
programs for repeat impaired driving offenders under Minnesota Statutes, section
169A.74; and
new text end

new text begin (4) $....... is:
new text end

new text begin (i) for increased chemical dependency treatment programs at state prisons; and
new text end

new text begin (ii) to provide appropriate chemical dependency treatment, including aftercare
services in Minnesota Statutes, section 254B.01, subdivision 3, for offenders on supervised
release. The commissioner shall cooperate with the commissioners of public safety and
human services as required in Minnesota Statutes, section 169A.74, subdivision 1, when
making the grants described in clause (3).
new text end

new text begin (c) $....... for the fiscal year ending June 30, 2007, is appropriated from the general
fund to the commissioner of human services for the purposes of fully funding Minnesota
Statutes, section 254B.04, subdivision 1. This appropriation must become part of the base
appropriation for this program.
new text end

new text begin (d) $....... for the fiscal year ending June 30, 2007, is appropriated from the general
fund to the chief justice of the Supreme Court. This appropriation must become part of
the base appropriation. Of these amounts:
new text end

new text begin (1) $....... is for the increased training described in section 40; and
new text end

new text begin (2) $....... is for grants to counties for court services and correctional costs related to
conducting chemical use assessments and prostitution assessments.
new text end

new text begin (e) $....... for the fiscal year ending June 30, 2007, is appropriated from the general
fund to the commissioner of health for education and prevention initiatives designed
to eliminate underage drinking. This appropriation must become part of the base
appropriation.
new text end

new text begin (f) $....... for the fiscal year ending June 30, 2007, is appropriated from the general
fund to the commissioner of public safety to implement the Phillips neighborhood safe
zone pilot project. Any remaining funds shall carry over into fiscal year 2008. This is
a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 254B.02, subdivisions 2, 3, and 4; and 254B.09,
subdivisions 4, 5, and 7, new text end new text begin are repealed.
new text end