1.1 	A bill for an act
1.2 	relating to public safety; appropriating money for
1.3 	public safety, corrections, various boards, and the
1.4 	courts; making the fee to access public criminal
1.5 	history data on the Internet Web site of the Bureau of
1.6 	Criminal Apprehension permanent; establishing a Gang
1.7 	and Drug Oversight Council; specifying the council's
1.8 	duties and membership; providing for grants; requiring
1.9 	fire safety inspections of various lodging facilities;
1.10 	transferring responsibility for youth intervention
1.11 	program; amending Minnesota Statutes 2004, sections
1.12 	13.87, subdivision 3; 171.20, subdivision 4; 171.26;
1.13 	299F.391, subdivision 1; 299F.46, subdivisions 1, 3;
1.14 	357.021, subdivisions 6, 7; 609.119; proposing coding
1.15 	for new law in Minnesota Statutes, chapter 299A;
1.16 	repealing Minnesota Statutes 2004, sections 299A.64;
1.17 	299A.65; 299A.66.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	APPROPRIATIONS

1.21 	Section 1. PUBLIC SAFETY APPROPRIATIONS.
 1.22 	The sums shown in the columns marked "APPROPRIATIONS" are
1.23 	appropriated from the general fund, or another named fund, to
1.24 	the agencies and for the purposes specified in this act, to be
1.25 	available for the fiscal years indicated for each purpose.  The
1.26 	figures "2006" and "2007," where used in this act, mean that the
1.27 	appropriation or appropriations listed under them are available
1.28 	for the year ending June 30, 2006, or June 30, 2007,
1.29 	respectively.  The term "first year" means the fiscal year
1.30 	ending June 30, 2006, and the term "second year" means the
1.31 	fiscal year ending June 30, 2007.
2.1 	SUMMARY BY FUND
2.2 	2006          2007           TOTAL
2.3 	General            $  822,484,000 $  845,589,000 $1,668,073,000
2.4 	State Government
2.5 	Special Revenue        44,745,000     35,432,000     80,177,000
2.6 	Environmental Fund         49,000         49,000         98,000
2.7 	Special Revenue
2.8 	Fund                    5,423,000      5,422,000     10,845,000
2.9 	Trunk Highway             361,000        361,000        722,000
2.10 	TOTAL              $  873,062,000 $  886,853,000 $1,759,915,000
2.11 	APPROPRIATIONS
2.12 	                                       Available for the Year
2.13 	                                           Ending June 30
2.14 	                                          2006         2007

2.15 	Sec. 2. SUPREME COURT                37,218,000     37,218,000

2.16 	Sec. 3. COURT OF APPEALS              8,189,000      8,189,000

2.17 	Sec. 4. TRIAL COURTS                230,712,000    234,342,000

2.18 	Sec. 5. TAX COURT                       726,000        726,000

2.19 	Sec. 6. UNIFORM LAWS COMMISSION          39,000         39,000

2.20 	Sec. 7. BOARD ON JUDICIAL STANDARDS     252,000        252,000

2.21 	Sec. 8. BOARD OF PUBLIC DEFENSE      59,403,000     63,251,000

2.22 	Sec. 9. PUBLIC SAFETY
 2.23 		Subdivision 1.Total
2.24 	Appropriation                     $  123,356,000 $  114,030,000
2.25 	Summary by Fund
2.26 	General              77,611,000    77,599,000
2.27 	Special Revenue         590,000       589,000
2.28 	State Government
2.29 	Special Revenue     44,745,000    35,432,000
2.30 	Environmental            49,000        49,000
2.31 	Trunk Highway           361,000       361,000
2.32 	[APPROPRIATIONS FOR PROGRAMS.] The
2.33 	amounts that may be spent from this
2.34 	appropriation for each program are
2.35 	specified in the following subdivisions.
2.36 		Subd. 2.Emergency
2.37 	Management                             2,594,000      2,594,000
2.38 	Summary by Fund
2.39 	General               2,545,000     2,545,000
2.40 	Environmental            49,000        49,000
2.41 	[NONPROFIT AND FAITH-BASED
2.42 	ORGANIZATIONS; ANTITERRORISM GRANTS.]
3.1 	Notwithstanding any law to the
3.2 	contrary, nonprofit and faith-based
3.3 	organizations may apply for and receive
3.4 	any funds or grants, whether federal or
3.5 	state, made available for antiterrorism
3.6 	efforts that are not distributed or
3.7 	encumbered for distribution to public
3.8 	safety entities within a year of
3.9 	receipt by the Department of Public
3.10 	Safety.  These organizations must be
3.11 	considered under the same criteria
3.12 	applicable to any other eligible entity
3.13 	and must be given equal consideration.
3.14 		Subd. 3.Criminal
3.15 	Apprehension                          40,455,000     40,460,000
3.16 	Summary by Fund
3.17 	General              39,647,000    39,653,000
3.18 	Special Revenue         440,000       439,000
3.19 	State Government
3.20 	Special Revenue          7,000         7,000
3.21 	Trunk Highway           361,000       361,000
3.22 	[COOPERATIVE INVESTIGATION OF
3.23 	CROSS-JURISDICTIONAL CRIMINAL
3.24 	ACTIVITY.] $94,000 the first year and
3.25 	$93,000 the second year are
3.26 	appropriated from the Bureau of
3.27 	Criminal Apprehension account in the
3.28 	special revenue fund for grants to
3.29 	local officials for the cooperative
3.30 	investigation of cross-jurisdictional
3.31 	criminal activity.  Any unencumbered
3.32 	balance remaining in the first year
3.33 	does not cancel but is available for
3.34 	the second year.
3.35 	[LABORATORY ACTIVITIES.] $346,000 the
3.36 	first year and $346,000 the second year
3.37 	are appropriated from the Bureau of
3.38 	Criminal Apprehension account in the
3.39 	special revenue fund for laboratory
3.40 	activities.
3.41 	[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
3.42 	Notwithstanding Minnesota Statutes,
3.43 	section 161.20, subdivision 3, $361,000
3.44 	the first year and $361,000 the second
3.45 	year are appropriated from the trunk
3.46 	highway fund for laboratory analysis
3.47 	related to driving-while-impaired cases.
3.48 	[AUTOMATED FINGERPRINT IDENTIFICATION
3.49 	SYSTEM.] $1,533,000 the first year and
3.50 	$2,318,000 the second year are to
3.51 	replace the automated fingerprint
3.52 	identification system (AFIS).
3.53 	[PREDATORY OFFENDER REGISTRATION
3.54 	SYSTEM.] $1,146,000 the first year and
3.55 	$564,000 the second year are to upgrade
3.56 	the predatory offender registration
3.57 	(POR) system and to increase the
3.58 	monitoring and tracking of registered
3.59 	offenders who become noncompliant with
3.60 	the law.
4.1 	[CRIMINAL JUSTICE INFORMATION SYSTEMS
4.2 	(CJIS) AUDIT TRAIL.] $374,000 the first
4.3 	year and $203,000 the second year are
4.4 	for the Criminal Justice Information
4.5 	Systems (CJIS) audit trail.
4.6 	[DNA ANALYSIS OF FELON OFFENDERS.]
4.7 	$659,000 the first year and $670,000
4.8 	the second year are to fund the
4.9 	analyses of biological samples from
4.10 	felon offenders.
4.11 	[LIVESCAN.] $66,000 the first year and
4.12 	$69,000 the second year are to fund the
4.13 	ongoing costs of Livescan.
4.14 	[METHAMPHETAMINE.] $1,000,000 the first
4.15 	year and $1,000,000 the second year are
4.16 	to fund ten new special agent positions
4.17 	for methamphetamine drug enforcement
4.18 	activities.  $40,000 the first year is
4.19 	onetime funding for a methamphetamine
4.20 	awareness program.
4.21 		Subd. 4.Fire Marshal                 2,445,000      2,432,000
4.22 		Subd. 5.Alcohol and
4.23 	Gambling Enforcement                   1,772,000      1,772,000
4.24 	Summary by Fund
4.25 	General               1,622,000     1,622,000
4.26 	Special Revenue         150,000       150,000
4.27 		Subd. 6.Office of
4.28 	Justice Programs                      31,352,000     31,347,000
4.29 	[GANG STRIKE FORCE.] $2,650,000 the
4.30 	first year and $2,650,000 the second
4.31 	year are for grants to the Criminal
4.32 	Gang Strike Force.
4.33 	[CRIME VICTIM ASSISTANCE GRANTS
4.34 	INCREASE.] $532,000 each year is to
4.35 	increase the amount of funding for
4.36 	crime victim assistance grants.  This
4.37 	funding is to ensure that no one
4.38 	judicial district receives greater than
4.39 	a 12 percent overall reduction in state
4.40 	general funding to serve crime victims
4.41 	in fiscal years 2006 and 2007 versus
4.42 	the 2004 allocation.
4.43 	[ADMINISTRATION COSTS.] Up to 2.5
4.44 	percent of the grant funds appropriated
4.45 	in this subdivision may be used to
4.46 	administer the grant program.
4.47 		Subd. 7.911 Emergency
4.48 	Services/ARMER                        44,738,000     35,425,000
4.49 	This appropriation is from the state
4.50 	government special revenue fund for 911
4.51 	emergency telecommunications services.
4.52 	Of the receipts from the emergency
4.53 	telecommunications service fee under
4.54 	Minnesota Statutes, section 403.11,
4.55 	above 50 cents per month in fiscal year
4.56 	2006, up to $6,505,000 of the
5.1 	appropriation in the first year is for
5.2 	prior year obligations to telephone
5.3 	utility companies.  The remainder of
5.4 	the receipts from the emergency
5.5 	telecommunications service fee under
5.6 	Minnesota Statutes, section 403.11,
5.7 	above 50 cents per month in the first
5.8 	year are for costs associated with the
5.9 	Shared Public Safety Radio System and
5.10 	are available until June 30, 2007.

5.11 	Sec. 10. PEACE OFFICER
5.12 	STANDARDS AND TRAINING BOARD (POST)    3,943,000      3,943,000
 5.13 	This appropriation is from the peace
5.14 	officer training account in the special
5.15 	revenue fund.  Any new receipts
5.16 	credited to that account in the first
5.17 	year in excess of $3,943,000 must be
5.18 	transferred and credited to the general
5.19 	fund.  Any new receipts credited to
5.20 	that account in the second year in
5.21 	excess of $3,943,000 must be
5.22 	transferred and credited to the general
5.23 	fund.
5.24 	$2,909,000 the first year and
5.25 	$2,909,000 the second year are for
5.26 	reimbursements to local governments for
5.27 	peace officer training costs.

5.28 	Sec. 11. PRIVATE DETECTIVE BOARD        126,000        126,000

5.29 	Sec. 12. HUMAN RIGHTS                 3,490,000      3,490,000

5.30 	Sec. 13. DEPARTMENT OF CORRECTIONS
 5.31 		Subdivision 1.Total
5.32 	Appropriation                        405,172,000    420,811,000
5.33 	Summary by Fund
5.34 	General Fund        404,282,000   419,921,000
5.35 	Special Revenue         890,000       890,000
5.36 	The amounts that may be spent from this
5.37 	appropriation for each program are
5.38 	specified in the following subdivisions.
5.39 		Subd. 2.Correctional
5.40 	Institutions                         289,090,000    304,578,000
5.41 	Summary by Fund
5.42 	General Fund        288,510,000   303,998,000
5.43 	Special Revenue         580,000       580,000
5.44 	[CONTRACTS FOR BEDS AT RUSH CITY.] If
5.45 	the commissioner contracts with other
5.46 	states, local units of government, or
5.47 	the federal government to rent beds in
5.48 	the Rush City Correctional Facility,
5.49 	the commissioner shall charge a per
5.50 	diem under the contract, to the extent
5.51 	possible, that is equal to or greater
5.52 	than the per diem cost of housing
5.53 	Minnesota inmates in the facility.
5.54 		Subd. 3.Operations Support          15,558,000     15,558,000
6.1 	Summary by Fund
6.2 	General Fund         15,348,000    15,348,000
6.3 	Special Revenue         210,000       210,000
6.4 		Subd. 4.Community Services         100,524,000    100,675,000
6.5 	Summary by Fund
6.6 	General Fund        100,424,000   100,575,000
6.7 	Special Revenue         100,000       100,000

6.8 	Sec. 14. SENTENCING GUIDELINES          436,000        436,000

6.9 	ARTICLE 2
6.10 	PUBLIC SAFETY LAW CHANGES

6.11 	Section 1. Minnesota Statutes 2004, section 13.87,
6.12 	subdivision 3, is amended to read:
6.13 		Subd. 3.Internet access.  (a) The Bureau of Criminal
6.14 	Apprehension shall establish and maintain an Internet Web site
6.15 	containing public criminal history data by July 1, 2004.
6.16 	(b) Notwithstanding section 13.03, subdivision 3, paragraph
6.17 	(a), the bureau may charge a fee for Internet access to public
6.18 	criminal history data provided through August 1, 2005.  The fee
6.19 	may not exceed of $5 per inquiry or the amount needed to recoup
6.20 	the actual cost of implementing and providing Internet access,
6.21 	whichever is less.  Fees collected must be deposited in the
6.22 	general fund as a nondedicated receipt name searched.  The
6.23 	superintendent of the Bureau of Criminal Apprehension shall
6.24 	collect the fee and the receipts shall be directed to the
6.25 	noncriminal background account in the special revenue fund.
6.26 	(c) The Web site must include a notice to the subject of
6.27 	data of the right to contest the accuracy or completeness of
6.28 	data, as provided under section 13.04, subdivision 4, and
6.29 	provide a telephone number and address that the subject may
6.30 	contact for further information on this process.
6.31 	(d) The Web site must include the effective date of data
6.32 	that is posted.
6.33 	(e) The Web site must include a description of the types of
6.34 	criminal history data not available on the site, including
6.35 	arrest data, juvenile data, criminal history data from other
6.36 	states, federal data, data on convictions where 15 years have
7.1 	elapsed since discharge of the sentence, and other data that are
7.2 	not accessible to the public.
7.3 	(f) A person who intends to access the Web site to obtain
7.4 	information regarding an applicant for employment, housing, or
7.5 	credit must disclose to the applicant the intention to do so.
7.6 	The Web site must include a notice that a person obtaining such
7.7 	access must notify the applicant when a background check using
7.8 	this Web site has been conducted.
7.9 	(g) This subdivision does not create a civil cause of
7.10 	action on behalf of the data subject.
7.11 	(h) This subdivision expires July 31, 2007.

7.12 	Sec. 2. Minnesota Statutes 2004, section 171.20,
7.13 	subdivision 4, is amended to read:
7.14 		Subd. 4.Reinstatement fee.  (a) Before the license is
7.15 	reinstated, (1) a person whose driver's license has been
7.16 	suspended under section 171.16, subdivision subdivisions 2 and
7.17 	3; 171.18, except subdivision 1, clause (10); or 171.182, or who
7.18 	has been disqualified from holding a commercial driver's license
7.19 	under section 171.165, and (2) a person whose driver's license
7.20 	has been suspended under section 171.186 and who is not exempt
7.21 	from such a fee, must pay a fee of $20.
7.22 	(b) Before the license is reinstated, a person whose
7.23 	license has been suspended under sections 169.791 to 169.798
7.24 	must pay a $20 reinstatement fee.
7.25 	(c) When fees are collected by a licensing agent appointed
7.26 	under section 171.061, a handling charge is imposed in the
7.27 	amount specified under section 171.061, subdivision 4.  The
7.28 	reinstatement fee and surcharge must be deposited in an approved
7.29 	state depository as directed under section 171.061, subdivision
7.30 	4.
7.31 	(d) Reinstatement fees collected under paragraph (a) for
7.32 	suspensions under sections 171.16, subdivision 3, and 171.18,
7.33 	subdivision 1, clause (10), shall be deposited in the special
7.34 	revenue fund and are appropriated to the Peace Officer Standards
7.35 	and Training Board for peace officer training reimbursement to
7.36 	local units of government.
8.1 	(e) A suspension may be rescinded without fee for good
8.2 	cause.

8.3 	Sec. 3. Minnesota Statutes 2004, section 171.26, is
8.4 	amended to read:
8.5 	171.26 MONEY CREDITED TO FUNDS.
8.6 	All money received under this chapter must be paid into the
8.7 	state treasury and credited to the trunk highway fund, except as
8.8 	provided in sections 171.06, subdivision 2a; 171.07, subdivision
8.9 	11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4,
8.10 	paragraph (d);and 171.29, subdivision 2, paragraph (b).

8.11 	Sec. 4. [299A.641] GANG AND DRUG OVERSIGHT COUNCIL.
8.12 		Subdivision 1.Oversight council established. The Gang
8.13 	and Drug Oversight Council is established to provide guidance
8.14 	related to the investigation and prosecution of gang and drug
8.15 	crime.
8.16 		Subd. 2.Membership. The oversight council shall consist
8.17 	of the following individuals or their designees:
8.18 	(1) the director of the office of special investigations,
8.19 	as the representative of the commissioner of corrections;
8.20 	(2) the superintendent of the Bureau of Criminal
8.21 	Apprehension as the representative of the commissioner of public
8.22 	safety;
8.23 	(3) the attorney general;
8.24 	(4) eight chiefs of police, selected by the Minnesota
8.25 	Chiefs of Police Association, two of which must be selected from
8.26 	cities with populations greater than 200,000;
8.27 	(5) eight sheriffs, selected by the Minnesota Sheriffs
8.28 	Association to represent each district, two sheriffs from
8.29 	counties with populations greater than 500,000;
8.30 	(6) the United States attorney for the district of
8.31 	Minnesota;
8.32 	(7) two county attorneys, selected by the Minnesota County
8.33 	Attorneys Association;
8.34 	(8) a command-level representative of a gang strike force;
8.35 	(9) a representative from a drug task force, selected by
8.36 	the Minnesota State Association of Narcotics Investigators;
9.1 	(10) a representative from the United States Drug
9.2 	Enforcement Administration;
9.3 	(11) a representative from the United States Bureau of
9.4 	Alcohol, Tobacco, and Firearms;
9.5 	(12) a representative from the Federal Bureau of
9.6 	Investigation;
9.7 	(13) a tribal peace officer, selected by the Minnesota
9.8 	Tribal Law Enforcement Association; and 
9.9 	(14) two additional members who may be selected by the
9.10 	oversight council.
9.11 	The oversight council may adopt procedures to govern its conduct
9.12 	as necessary and may select a chair from among its members.
9.13 	Subd. 3.[OVERSIGHT COUNCIL'S DUTIES.] The oversight
9.14 	council shall develop an overall strategy to ameliorate the harm
9.15 	caused to the public by gang and drug crime within the state of
9.16 	Minnesota.  This strategy may include the development of
9.17 	protocols and procedures to investigate gang and drug crime and
9.18 	a structure for best addressing these issues in a
9.19 	multijurisdictional manner.  Additionally, the oversight council
9.20 	shall:
9.21 	(1) identify and recommend a candidate or candidates for
9.22 	statewide coordinator to the commissioner of public safety;
9.23 	(2) establish multijurisdictional task forces and strike
9.24 	forces to combat gang and drug crime, to include a metro gang
9.25 	strike force;
9.26 	(3) assist the Department of Public Safety in developing an
9.27 	objective grant review application process that is free from
9.28 	conflicts of interests;
9.29 	(4) make funding recommendations to the commissioner of
9.30 	public safety on grants to support efforts to combat gang and
9.31 	drug crime;
9.32 	(5) assist in developing a process to collect and share
9.33 	information to improve the investigation and prosecution of drug
9.34 	offenses;
9.35 	(6) develop and approve an operational budget for the
9.36 	office of the statewide coordinator and the oversight council;
10.1 	and 
10.2 	(7) adopt the criteria specified in section 299C.091 for
10.3 	use in determining whether individuals are or may be members of
10.4 	gangs involved in criminal activity.
10.5 		Subd. 4.Statewide coordinator. The current gang strike
10.6 	force commander shall serve as a transition coordinator until
10.7 	July 1, 2006, at which time the commissioner of public safety
10.8 	shall appoint a statewide coordinator as recommended by the
10.9 	oversight council.  The coordinator serving in the unclassified
10.10 	service shall:
10.11 	(1) coordinate and monitor all multijurisdictional gang and
10.12 	drug enforcement activities;
10.13 	(2) facilitate local efforts and ensure statewide
10.14 	coordination with efforts to combat gang and drug crime;
10.15 	(3) facilitate training for personnel;
10.16 	(4) monitor compliance with investigative protocols; and 
10.17 	(5) implement an outcome evaluation and data quality
10.18 	control process.
10.19 		Subd. 5.Participating officers; employment status. All
10.20 	participating law enforcement officers must be licensed peace
10.21 	officers as defined by section 626.84, subdivision 1, or
10.22 	qualified federal law enforcement officers as defined in section
10.23 	626.8453.  Participating officers remain employees of the same
10.24 	entity that employed them before joining any multijurisdictional
10.25 	entity established under this section.  Participating officers
10.26 	are not employees of the state.
10.27 		Subd. 6.Jurisdiction and powers. Law enforcement
10.28 	officers participating in any multijurisdictional entity
10.29 	established under this section have statewide jurisdiction to
10.30 	conduct criminal investigations and have the same powers of
10.31 	arrest as those possessed by a sheriff.
10.32 		Subd. 7.Grants authorized. The commissioner of public
10.33 	safety, upon recommendation of the council, may make grants to
10.34 	state and local units of government to combat gang and drug
10.35 	crime.
10.36 		Subd. 8.Oversight council is permanent. Notwithstanding
11.1 	section 15.059, this section does not expire.
11.2 		Subd. 9.Funding. Participating agencies may accept
11.3 	lawful grants or contributions from any federal source or legal
11.4 	business or entity.
11.5 		Subd. 10.Role of the attorney general. The attorney
11.6 	general or a designee shall generally advise on any matters that
11.7 	the oversight council deems appropriate.
11.8 		Subd. 11.Attorney general; community liaison. (a) The
11.9 	attorney general or a designee shall serve as a liaison between
11.10 	the oversight council and the councils created in sections
11.11 	3.922, 3.9223, 3.9225, and 3.9226.  The attorney general or
11.12 	designee will be responsible for:
11.13 	(1) informing the councils of the plans, activities, and
11.14 	decisions and hearing their reactions to those plans,
11.15 	activities, and decisions; and 
11.16 	(2) providing the oversight council with the council's
11.17 	position on the oversight council's plan, activities, and
11.18 	decisions.
11.19 	(b) In no event is the oversight council required to
11.20 	disclose the names of individuals identified by it to the
11.21 	councils referenced in this subdivision.
11.22 	(c) Nothing in this subdivision changes the data
11.23 	classification of any data held by the oversight council.
11.24 		Subd. 12.Required report. By February 1 of each year,
11.25 	the council shall report to the chairs of the senate and house
11.26 	of representatives committees and divisions having jurisdiction
11.27 	over criminal justice policy and funding on the activities of
11.28 	the council and any strike or task forces.  This annual report
11.29 	shall include:
11.30 	(1) a description of the council's goals for the previous
11.31 	year and for the coming year;
11.32 	(2) a description of the outcomes the council achieved or
11.33 	did not achieve during the preceding year and a description of
11.34 	the outcomes the council will seek to achieve during the coming
11.35 	year; and 
11.36 	(3) any legislative recommendations the council has
12.1 	including, where necessary, a description of the specific
12.2 	legislation needed to implement the recommendations.

12.3 	Sec. 5. Minnesota Statutes 2004, section 299F.391,
12.4 	subdivision 1, is amended to read:
12.5 		Subdivision 1.Definitions.  For purposes of this section
12.6 	the following definitions shall apply:
12.7 	(a) "Lodging house" means any building or portion thereof
12.8 	containing not more than five guest rooms which are used or
12.9 	intended to be used for sleeping purposes by guests and where
12.10 	rent is paid in money, goods, labor or otherwise "Dormitory"
12.11 	means all or a portion of a building containing one or more
12.12 	rooms for group sleeping or closely associated rooms used for
12.13 	sleeping.
12.14 	(b) "Hospital" has the meaning given it in section 144.50.
12.15 	(c) "Hotel" means any building or portion thereof
12.16 	containing six or more guest rooms intended or designed to be
12.17 	used, or which are a hotel, motel, resort, boarding house, bed
12.18 	and breakfast, furnished apartment house, or other building that
12.19 	is kept,used, rented, hired out to be occupied, or which are
12.20 	occupied for advertised, or held out to the public as a place
12.21 	where sleeping purposes by or housekeeping accommodations are
12.22 	supplied for pay to guests, and which is required to be licensed
12.23 	pursuant to chapter 157 for transient occupancy.
12.24 	(d) "Nursing home" has the meaning given it in section
12.25 	144A.01.
12.26 	(e) "School" means any public or private school or
12.27 	educational institution.

12.28 	Sec. 6. Minnesota Statutes 2004, section 299F.46,
12.29 	subdivision 1, is amended to read:
12.30 		Subdivision 1.hotel inspection of hotels and other
12.31 	lodging facilities.  (a) It shall be the duty of The
12.32 	commissioner of public safety to shall inspect,or cause to
12.33 	be have inspected,at least once every three years,every hotel
12.34 	in this state;and,other lodging facility with five or more
12.35 	guest rooms; dormitories; youth or family camps; and juvenile
12.36 	group home buildings.For that purpose, the commissioner, or
13.1 	the commissioner's deputies or designated alternates or agents,
13.2 	shall have the right to may enter or have access thereto 
13.3 	lodging facility buildings at any reasonable hour; and, when,
13.4 	upon such inspection, it shall be found that the hotel so
13.5 	inspected does not conform to or is not being operated in
13.6 	accordance with the provisions of sections 157.011 and 157.15 to
13.7 	157.22, in so far as the same relate to fire prevention or fire
13.8 	protection of hotels, or the rules promulgated thereunder, or is
13.9 	being .  These buildings must be maintained or operated in such
13.10 	manner as to violate the Minnesota accordance with the State
13.11 	Fire Code promulgated pursuant to section 299F.011 or any other
13.12 	law of this state relating to fire prevention and fire
13.13 	protection of hotels, the commissioner and the deputies or
13.14 	designated alternates or agents shall report such a situation to
13.15 	the hotel inspector who shall proceed as provided for in chapter
13.16 	157.
13.17 	(b) The word words "hotel",and "dormitory," as used in
13.18 	this subdivision, has section, have the meaning meanings given
13.19 	in section 299F.391.

13.20 	Sec. 7. Minnesota Statutes 2004, section 299F.46,
13.21 	subdivision 3, is amended to read:
13.22 		Subd. 3.Inspection fees; hotels and dormitories.  (a)
13.23 	For each hotel or dormitory with 35 or more rooms and required
13.24 	to have a fire inspection according to subdivision 1, the
13.25 	commissioner of public safety may charge each hotel a triennial
13.26 	inspection fee of $435 and a per-room charge of $5 for one to 18
13.27 	units, $6 for 19 to 35 units, $7 for 36 to 100 units,$7 for 35
13.28 	to 99 units and $8 for 100 or more units, or a per bed charge of
13.29 	50 cents for beds in a group sleeping area. The fee includes
13.30 	one follow-up inspection.  The commissioner shall charge each
13.31 	resort a triennial inspection fee of $435 and a per room charge
13.32 	of $5 for one to ten units, $6 for 11 to 25 units, and $7 for 26
13.33 	or more units.These fees include one follow-up inspection.
13.34 	The commissioner shall charge a fee of $225 for each additional
13.35 	follow-up inspection for hotels and resorts these buildings,
13.36 	conducted in each three-year cycle that is necessary to bring
14.1 	the hotel or resort building into compliance with the State Fire
14.2 	Code.
14.3 	(b) For each hotel or dormitory with fewer than 35 rooms
14.4 	and required to have a fire inspection according to subdivision
14.5 	1, the commissioner of public safety may charge a triennial
14.6 	inspection fee of $217.50 and a per-room charge of $3 for a
14.7 	hotel or dormitory, and a per-cabin charge of $2.50, or a
14.8 	per-bed charge of 50 cents per bed in group sleeping areas.
14.9 	These fees include one follow-up inspection.  The commissioner
14.10 	shall charge a fee of $112.50 for each additional follow-up
14.11 	inspection for these buildings, conducted in each three-year
14.12 	cycle that is necessary to bring the building into compliance
14.13 	with the State Fire Code.
14.14 	(c) Nothing in this subdivision prevents the
14.15 	designated local government agent, as defined in subdivision 2,
14.16 	from continuing to charge an established inspection fee or from
14.17 	establishing a new inspection fee.
14.18 	(c) Hotels and motels with fewer than 35 rooms and resorts
14.19 	classified as 1c under section 273.13 are exempt from the fee
14.20 	requirements of this subdivision.

14.21 	Sec. 8. Minnesota Statutes 2004, section 357.021,
14.22 	subdivision 6, is amended to read:
14.23 		Subd. 6.Surcharges on criminal and traffic offenders.
 14.24 	(a) The court shall impose and the court administrator shall
14.25 	collect a $60 $70 surcharge on every person convicted of any
14.26 	felony, gross misdemeanor, misdemeanor, or petty misdemeanor
14.27 	offense, other than a violation of a law or ordinance relating
14.28 	to vehicle parking, for which there shall be a $3 surcharge.  In
14.29 	the Second Judicial District, the court shall impose, and the
14.30 	court administrator shall collect, an additional $1 surcharge on
14.31 	every person convicted of any felony, gross misdemeanor, or
14.32 	petty misdemeanor offense, other than a violation of a law or
14.33 	ordinance relating to vehicle parking, if the Ramsey County
14.34 	Board of Commissioners authorizes the $1 surcharge.  The
14.35 	surcharge shall be imposed whether or not the person is
14.36 	sentenced to imprisonment or the sentence is stayed.
15.1 	(b) If the court fails to impose a surcharge as required by
15.2 	this subdivision, the court administrator shall show the
15.3 	imposition of the surcharge, collect the surcharge and correct
15.4 	the record.
15.5 	(c) The court may not waive payment of the surcharge
15.6 	required under this subdivision.  Upon a showing of indigency or
15.7 	undue hardship upon the convicted person or the convicted
15.8 	person's immediate family, the sentencing court may authorize
15.9 	payment of the surcharge in installments.
15.10 	(d) The court administrator or other entity collecting a
15.11 	surcharge shall forward it to the commissioner of finance.
15.12 	(e) If the convicted person is sentenced to imprisonment
15.13 	and has not paid the surcharge before the term of imprisonment
15.14 	begins, the chief executive officer of the correctional facility
15.15 	in which the convicted person is incarcerated shall collect the
15.16 	surcharge from any earnings the inmate accrues from work
15.17 	performed in the facility or while on conditional release.  The
15.18 	chief executive officer shall forward the amount collected to
15.19 	the commissioner of finance.

15.20 	Sec. 9. Minnesota Statutes 2004, section 357.021,
15.21 	subdivision 7, is amended to read:
15.22 		Subd. 7.Disbursement of surcharges by commissioner of
15.23 	finance.  (a) Except as provided in paragraphs (b), (c), and
15.24 	(d), the commissioner of finance shall disburse surcharges
15.25 	received under subdivision 6 and section 97A.065, subdivision 2,
15.26 	as follows:
15.27 	(1) one percent shall be credited to the game and fish fund
15.28 	to provide peace officer training for employees of the
15.29 	Department of Natural Resources who are licensed under sections
15.30 	626.84 to 626.863, and who possess peace officer authority for
15.31 	the purpose of enforcing game and fish laws;
15.32 	(2) 39 percent shall be credited to the peace officers
15.33 	training account in the special revenue fund; and
15.34 	(3) 60 percent shall be credited to the general fund.
15.35 	(b) The commissioner of finance shall credit $3 of each
15.36 	surcharge received under subdivision 6 and section 97A.065,
16.1 	subdivision 2, to the general fund.
16.2 	(c) In addition to any amounts credited under paragraph
16.3 	(a), the commissioner of finance shall credit $32 $42 of each
16.4 	surcharge received under subdivision 6 and section 97A.065,
16.5 	subdivision 2, and the $3 parking surcharge, to the general fund.
16.6 	(d) If the Ramsey County Board of Commissioners authorizes
16.7 	imposition of the additional $1 surcharge provided for in
16.8 	subdivision 6, paragraph (a), the court administrator in the
16.9 	Second Judicial District shall withhold $1 from each surcharge
16.10 	collected under subdivision 6.  The court administrator must use
16.11 	the withheld funds solely to fund the petty misdemeanor
16.12 	diversion program administered by the Ramsey County Violations
16.13 	Bureau.  The court administrator must transfer any unencumbered
16.14 	portion of the funds received under this subdivision to the
16.15 	commissioner of finance for distribution according to paragraphs
16.16 	(a) to (c).

16.17 	Sec. 10. Minnesota Statutes 2004, section 609.119, is
16.18 	amended to read:
16.19 	609.119 ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
16.20 	DNA TESTING.
16.21 	(a) From July 1, 2003, to June 30, 2005,The court shall
16.22 	order an offender to provide a biological specimen for the
16.23 	purpose of future DNA analysis as described in section 299C.155
16.24 	when:
16.25 	(1) the court sentences a person charged with committing or
16.26 	attempting to commit a felony offense not described in section
16.27 	609.117, subdivision 1, and the person is convicted of that
16.28 	offense or of any felony offense arising out of the same set of
16.29 	circumstances; or
16.30 	(2) the juvenile court adjudicates a person a delinquent
16.31 	child who is petitioned for committing or attempting to commit a
16.32 	felony offense not described in section 609.117, subdivision 1,
16.33 	and is adjudicated delinquent for that offense or any
16.34 	felony-level offense arising out of the same set of
16.35 	circumstances.
16.36 	The biological specimen shall be maintained by the Bureau of
17.1 	Criminal Apprehension as provided in section 299C.155.
17.2 	(b) From July 1, 2003, to June 30, 2005,The commissioner
17.3 	of corrections or local corrections authority shall order a
17.4 	person to provide a biological specimen for the purpose of
17.5 	future DNA analysis as described in section 299C.155 before
17.6 	completion of the person's term of imprisonment when the person
17.7 	has not provided a biological specimen for the purpose of DNA
17.8 	analysis, and the person:
17.9 	(1) was initially charged with committing or attempting to
17.10 	commit a felony offense not described in section 609.117,
17.11 	subdivision 1, and was convicted of that offense or of any
17.12 	felony offense arising out of the same set of circumstances; or
17.13 	(2) is serving a term of imprisonment in this state under a
17.14 	reciprocal agreement although convicted in another state of
17.15 	committing or attempting to commit a felony offense not
17.16 	described in section 609.117, subdivision 1, or of any felony
17.17 	offense arising out of the same set of circumstances if the
17.18 	person was initially charged with committing or attempting to
17.19 	commit a felony offense not described in section 609.117,
17.20 	subdivision 1.
17.21 	The commissioner of corrections or local corrections authority
17.22 	shall forward the sample to the Bureau of Criminal Apprehension.
17.23 	(c) From July 1, 2003, to June 30, 2005,When the state
17.24 	accepts an offender from another state under the interstate
17.25 	compact authorized by section 243.16 or 243.1605, the acceptance
17.26 	is conditional on the offender providing a biological specimen
17.27 	for the purposes of future DNA analysis as described in section
17.28 	299C.155, if the offender was initially charged with committing
17.29 	or attempting to commit a felony offense not described in
17.30 	section 609.117, subdivision 1, and was convicted of that
17.31 	offense or of any felony offense arising out of the same set of
17.32 	circumstances.  The specimen must be provided under supervision
17.33 	of staff from the Department of Corrections or a Community
17.34 	Corrections Act county within 15 business days after the
17.35 	offender reports to the supervising agent.  The cost of
17.36 	obtaining the biological specimen is the responsibility of the
18.1 	agency providing supervision.

18.2 	Sec. 11. TRANSFER OF RESPONSIBILITIES.
 18.3 	The responsibility of the Department of Employment and
18.4 	Economic Development for the youth intervention program is
18.5 	transferred to the Department of Public Safety.

18.6 	Sec. 12. REVISOR INSTRUCTION.
 18.7 	The revisor of statutes shall renumber Minnesota Statutes,
18.8 	section 116L.30 as section 299A.73.  The revisor shall also make
18.9 	necessary cross-reference changes consistent with the
18.10 	renumbering.

18.11 	Sec. 13. REPEALER.
 18.12 	Minnesota Statutes 2004, sections 299A.64, 299A.65, and
18.13 	299A.66, are repealed.

18.14 	Sec. 14. EFFECTIVE DATE.
 18.15 	Sections 1 to 13 are effective July 1, 2005.