1.1                          A bill for an act 
  1.2             relating to terrorism; data practices; enacting the 
  1.3             Minnesota Anti-Terrorism Act of 2002; establishing 
  1.4             crimes and setting penalties for crimes involving 
  1.5             weapons of mass destruction, explosives, and hoaxes; 
  1.6             extending the public safety radio communication system 
  1.7             and requiring recommendations on its governance; 
  1.8             authorizing sale of metropolitan council revenue 
  1.9             bonds; establishing a homeland security advisory 
  1.10            council; prohibiting trespass on critical public 
  1.11            service facilities; prohibiting damage to property of 
  1.12            critical public service facilities; prohibiting 
  1.13            placing explosive or simulated explosive devices near 
  1.14            utilities and transportation centers; prohibiting real 
  1.15            and simulated weapons of mass destruction; enhancing 
  1.16            penalties and creating new crimes designed to deter 
  1.17            and punish terroristic activities; providing for 
  1.18            additional collection of biological specimens for DNA 
  1.19            testing of certain convicted felons and adjudicated 
  1.20            delinquents; increasing the emergency telephone fee; 
  1.21            appropriating money; amending Minnesota Statutes 2000, 
  1.22            sections 473.891, subdivision 3, by adding a 
  1.23            subdivision; 473.898, subdivisions 1, 3; 473.902, 
  1.24            subdivisions 1, 3, 5; 609.106, subdivision 2; 609.185; 
  1.25            609.595, subdivision 1; Minnesota Statutes 2001 
  1.26            Supplement, sections 403.11, subdivision 1; 473.901, 
  1.27            subdivision 1; proposing coding for new law in 
  1.28            Minnesota Statutes, chapters 373; 473; 609. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30                             ARTICLE 1
  1.31                               POLICY
  1.32     Section 1.  [HOMELAND SECURITY ADVISORY COUNCIL.] 
  1.33     Subdivision 1.  [CREATION; DUTY.] A homeland security 
  1.34  advisory council is established to advise the department of 
  1.35  public safety on issues relating to homeland security, to review 
  1.36  and recommend changes to all terrorism preparedness and 
  1.37  antiterrorism policies and procedures, and to ensure 
  2.1   coordination of and accountability for all state and federal 
  2.2   antiterrorism and terrorism preparedness related funding. 
  2.3      Subd. 2.  [MEMBERSHIP.] The homeland security advisory 
  2.4   council shall consist of the following members: 
  2.5      (1) the commissioner of health; 
  2.6      (2) the commissioner of public safety; 
  2.7      (3) the commissioner of transportation or the 
  2.8   commissioner's designee; 
  2.9      (4) the commissioner of agriculture or the commissioner's 
  2.10  designee; 
  2.11     (5) the commissioner of the pollution control agency or the 
  2.12  commissioner's designee; 
  2.13     (6) the commissioner of military affairs or the 
  2.14  commissioner's designee; 
  2.15     (7) the commissioner of natural resources or the 
  2.16  commissioner's designee; 
  2.17     (8) a representative of the association of Minnesota 
  2.18  counties; 
  2.19     (9) a representative of the association of Minnesota 
  2.20  townships; 
  2.21     (10) a representative of the league of Minnesota cities; 
  2.22     (11) a representative of the public safety radio system 
  2.23  policy group; 
  2.24     (12) a representative of the Minnesota state sheriffs 
  2.25  association; 
  2.26     (13) a representative of the Minnesota chiefs of police 
  2.27  association; 
  2.28     (14) a representative of the Minnesota police and peace 
  2.29  officer association; 
  2.30     (15) a representative of the Minnesota fire chiefs 
  2.31  association; 
  2.32     (16) a representative of the Minnesota professional fire 
  2.33  fighters association; 
  2.34     (17) a representative of the association of Minnesota 
  2.35  emergency managers; 
  2.36     (18) a representative of the Minnesota hospital and 
  3.1   healthcare partnership; 
  3.2      (19) a representative of local public health entities and 
  3.3   organizations; 
  3.4      (20) a representative of the Minnesota Medical Association; 
  3.5      (21) a representative of the United States federal 
  3.6   emergency management agency; 
  3.7      (22) a representative of the United States attorney's 
  3.8   office; 
  3.9      (23) a representative of the Minnesota ambulance 
  3.10  association; 
  3.11     (24) a representative of the Minnesota emergency medical 
  3.12  services regulatory board; 
  3.13     (25) a representative of the Minnesota nurses association; 
  3.14     (26) a representative of the Indian affairs council; and 
  3.15     (27) a representative of the emergency management division 
  3.16  of the department of public safety. 
  3.17     Subd. 3.  [MEETINGS.] The council shall be cochaired by the 
  3.18  commissioner of public safety and the commissioner of health. 
  3.19  The cochairs shall convene meetings of the council on a regular 
  3.20  basis. 
  3.21     Subd. 4.  [SUBCOMMITTEES.] The council shall form and 
  3.22  consult with the following subcommittees and task forces to 
  3.23  provide advice on specific decisions related to homeland 
  3.24  security initiatives: 
  3.25     (a) public safety subcommittee; 
  3.26     (b) terrorism and health task force; and 
  3.27     (c) other subcommittees and task forces as the council 
  3.28  deems necessary. 
  3.29     Subd. 5.  [COMPENSATION.] Each member of the council shall 
  3.30  serve without compensation or reimbursement. 
  3.31     Subd. 6.  [PLAN UPDATE; REPORTING.] By November 1st of each 
  3.32  year, the council must submit an updated statewide terrorism 
  3.33  preparedness implementation plan to the legislature. As part of 
  3.34  the annual update, the council must summarize and report on the 
  3.35  distribution of all funds reviewed by the council for the 
  3.36  preceding year and may make recommendations for new funding. 
  4.1      Subd. 7.  [EXPIRATION.] The advisory council expires on 
  4.2   June 30, 2005. 
  4.3      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  4.4   following enactment. 
  4.5      Sec. 2.  [373.47] [COUNTY DEBT AUTHORITY.] 
  4.6      Subdivision 1.  [AUTHORITY TO INCUR DEBT.] (a) Subject to 
  4.7   prior approval by the public safety radio system planning 
  4.8   committee under section 473.907, the governing body of a county 
  4.9   may finance the cost of designing, constructing, and acquiring 
  4.10  public safety communication system infrastructure and equipment 
  4.11  for use on the statewide, shared public safety radio system by 
  4.12  issuing: 
  4.13     (1) capital improvement bonds under section 373.40, as if 
  4.14  the infrastructure and equipment qualified as a "capital 
  4.15  improvement" within the meaning of section 373.40, subdivision 
  4.16  1, paragraph (b); and 
  4.17     (2) capital notes under the provisions of section 373.01, 
  4.18  subdivision 3, as if the equipment qualified as "capital 
  4.19  equipment" within the meaning of section 373.01, subdivision 3. 
  4.20     (b) For purposes of this section, "county" means the 
  4.21  following counties:  Anoka, Benton, Carver, Chisago, Dakota, 
  4.22  Dodge, Fillmore, Freeborn, Goodhue, Hennepin, Houston, Isanti, 
  4.23  Mower, Olmsted, Ramsey, Rice, Scott, Sherburne, Steele, Wabasha, 
  4.24  Washington, Wright, and Winona. 
  4.25     (c) The authority to incur debt under this section is not 
  4.26  effective until July 1, 2003, for the following counties:  
  4.27  Benton, Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, 
  4.28  Olmsted, Rice, Sherburne, Steele, Wabasha, Wright, and Winona. 
  4.29     Subd. 2.  [TREATMENT OF LEVY.] The county may report the 
  4.30  tax attributable to any levy to pay principal and interest on 
  4.31  bonds or notes issued under this section as a separate line item 
  4.32  on the property tax statement.  The levy to pay principal and 
  4.33  interest on the notes or bonds is exempt from the limits on the 
  4.34  amount or rate of tax imposed under any other provision of law. 
  4.35     Subd. 3.  [EXPIRATION.] The authority to issue debt under 
  4.36  this section expires December 31, 2012.  
  5.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  5.2   following final enactment. 
  5.3      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  5.4   403.11, subdivision 1, is amended to read: 
  5.5      Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
  5.6   customer of a telephone company or communications carrier that 
  5.7   provides service capable of originating a 911 emergency 
  5.8   telephone call is assessed a fee to cover the costs of ongoing 
  5.9   maintenance and related improvements for trunking and central 
  5.10  office switching equipment for minimum 911 emergency telephone 
  5.11  service, plus administrative and staffing costs of the 
  5.12  department of administration related to managing the 911 
  5.13  emergency telephone service program.  Recurring charges by a 
  5.14  public utility providing telephone service for updating the 
  5.15  information required by section 403.07, subdivision 3, must be 
  5.16  paid by the commissioner of administration if the utility is 
  5.17  included in an approved 911 plan and the charges have been 
  5.18  certified and approved under subdivision 3.  The commissioner of 
  5.19  administration shall transfer an amount equal to two cents a 
  5.20  month from the fee assessed under this section on cellular and 
  5.21  other nonwire access services to the commissioner of public 
  5.22  safety for the purpose of offsetting the costs, including 
  5.23  administrative and staffing costs, incurred by the state patrol 
  5.24  division of the department of public safety in handling 911 
  5.25  emergency calls made from cellular phones.  Money remaining in 
  5.26  the 911 emergency telephone service account after all other 
  5.27  obligations are paid must not cancel and is carried forward to 
  5.28  subsequent years and may be appropriated from time to time to 
  5.29  the commissioner of administration to provide financial 
  5.30  assistance to counties for the improvement of local emergency 
  5.31  telephone services.  The improvements may include providing 
  5.32  access to minimum 911 service for telephone service subscribers 
  5.33  currently without access and upgrading existing 911 service to 
  5.34  include automatic number identification, local location 
  5.35  identification, automatic location identification, and other 
  5.36  improvements specified in revised county 911 plans approved by 
  6.1   the department. 
  6.2      (b) The fee is 27 may not be less than eight cents nor more 
  6.3   than 33 cents a month for each customer access line or other 
  6.4   basic access service, including trunk equivalents as designated 
  6.5   by the public utilities commission for access charge purposes 
  6.6   and including cellular and other nonwire access services.  With 
  6.7   the approval of the commissioner of finance, the commissioner of 
  6.8   administration shall establish the amount of the fee within the 
  6.9   limits specified and inform the companies and carriers of the 
  6.10  amount to be collected.  The commissioner shall provide 
  6.11  companies and carriers a minimum of 45 days' notice of each fee 
  6.12  change.  For fiscal year 2003, the commissioner of 
  6.13  administration shall provide a minimum of 35 days' notice of 
  6.14  each fee change.  The fee must be the same for all customers.  
  6.15     (c) The fee must be collected by each company or carrier 
  6.16  providing service subject to the fee.  Fees are payable to and 
  6.17  must be submitted to the commissioner of administration monthly 
  6.18  before the 25th of each month following the month of collection, 
  6.19  except that fees may be submitted quarterly if less than $250 a 
  6.20  month is due, or annually if less than $25 a month is due.  
  6.21  Receipts must be deposited in the state treasury and credited to 
  6.22  a 911 emergency telephone service account in the special revenue 
  6.23  fund.  The money in the account may only be used for 911 
  6.24  telephone services as provided in paragraph (a).  
  6.25     (d) This subdivision does not apply to customers of a 
  6.26  telecommunications carrier as defined in section 237.01, 
  6.27  subdivision 6.  
  6.28     Sec. 4.  Minnesota Statutes 2000, section 473.891, 
  6.29  subdivision 3, is amended to read: 
  6.30     Subd. 3.  [FIRST PHASE.] "First phase" or "first phase of 
  6.31  the regionwide public safety radio communications system" means 
  6.32  the initial backbone which serves state and regional agencies 
  6.33  the following nine-county metropolitan area:  Anoka, Carver, 
  6.34  Chisago, Hennepin, Isanti, Ramsey, Scott, and Washington 
  6.35  counties. 
  6.36     Sec. 5.  Minnesota Statutes 2000, section 473.891, is 
  7.1   amended by adding a subdivision to read: 
  7.2      Subd. 10.  [SECOND PHASE.] "Second phase" means the 
  7.3   metropolitan radio board building subsystems for local 
  7.4   government units in the metropolitan area that did not build 
  7.5   their own subsystems in the first phase. 
  7.6      Sec. 6.  Minnesota Statutes 2000, section 473.898, 
  7.7   subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [AUTHORIZATION.] The council, if requested 
  7.9   by a vote of at least two-thirds of all of the members of the 
  7.10  metropolitan radio board may, by resolution, authorize the 
  7.11  issuance of its revenue bonds for any of the following purposes 
  7.12  to: 
  7.13     (1) provide funds for regionwide mutual aid and emergency 
  7.14  medical services communications; 
  7.15     (2) provide funds for the elements of the first phase of 
  7.16  the regionwide public safety radio communications system that 
  7.17  the board determines are of regionwide benefit and support 
  7.18  mutual aid and emergency medical services communication 
  7.19  including, but not limited to, costs of master controllers of 
  7.20  the backbone; or 
  7.21     (3) provide money for the second phase of the public safety 
  7.22  radio communication system; or 
  7.23     (4) refund bonds issued under this section. 
  7.24     Sec. 7.  Minnesota Statutes 2000, section 473.898, 
  7.25  subdivision 3, is amended to read: 
  7.26     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
  7.27  bonds issued pursuant to subdivision 1, exclusive of any 
  7.28  original issue discount, shall not exceed the amount of 
  7.29  $10,000,000 plus the amount the council determines necessary to 
  7.30  pay the costs of issuance, fund reserves, debt service, and pay 
  7.31  for any bond insurance or other credit enhancement. 
  7.32     (b) In addition to the amount authorized under paragraph 
  7.33  (a), the council may issue bonds under subdivision 1 in a 
  7.34  principal amount of $3,306,300, plus the amount the council 
  7.35  determines necessary to pay the cost of issuance, fund reserves, 
  7.36  debt service, and any bond insurance or other credit 
  8.1   enhancement.  The proceeds of bonds issued under this paragraph 
  8.2   may not be used to finance portable or subscriber radio sets. 
  8.3      (c) In addition to the amount authorized under paragraphs 
  8.4   (a) and (b), the council may issue bonds under subdivision 1 in 
  8.5   a principal amount of $12,000,000, plus the amount the council 
  8.6   determines necessary to pay the costs of issuance, fund 
  8.7   reserves, debt service, and any bond insurance or other credit 
  8.8   enhancement.  The proceeds of bonds issued under this paragraph 
  8.9   must be used to pay up to 30 percent of the cost to a local 
  8.10  government unit of building a subsystem and may not be used to 
  8.11  finance portable or subscriber radio sets.  The council must 
  8.12  time the sale and issuance of the bonds so that the debt service 
  8.13  on the bonds can be covered by the additional revenue that will 
  8.14  become available in the fiscal year ending June 30, 2005, 
  8.15  generated under section 403.11 and appropriated under section 
  8.16  473.901.  
  8.17     Sec. 8.  Minnesota Statutes 2001 Supplement, section 
  8.18  473.901, subdivision 1, is amended to read: 
  8.19     Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
  8.20  year beginning with the fiscal year commencing July 1, 1997, the 
  8.21  amount necessary to pay the following costs is appropriated to 
  8.22  the commissioner of administration from the 911 emergency 
  8.23  telephone service account established under section 403.11: 
  8.24     (1) debt service costs and reserves for bonds issued 
  8.25  pursuant to section 473.898; 
  8.26     (2) repayment of the right-of-way acquisition loans; 
  8.27     (3) costs of design, construction, maintenance of, and 
  8.28  improvements to those elements of the first phase and second 
  8.29  phases that support mutual aid communications and emergency 
  8.30  medical services; or 
  8.31     (4) recurring charges for leased sites and equipment for 
  8.32  those elements of the first phase and second phases that support 
  8.33  mutual aid and emergency medical communication services; or 
  8.34     (5) aid to local units of government for sites and 
  8.35  equipment in support of mutual aid and emergency medical 
  8.36  communications services. 
  9.1      This appropriation shall be used to pay annual debt service 
  9.2   costs and reserves for bonds issued pursuant to section 473.898 
  9.3   prior to use of fee money to pay other costs eligible under this 
  9.4   subdivision.  In no event shall the appropriation for each 
  9.5   fiscal year exceed an amount equal to four cents a month for 
  9.6   each customer access line or other basic access service, 
  9.7   including trunk equivalents as designated by the public 
  9.8   utilities commission for access charge purposes and including 
  9.9   cellular and other nonwire access services, in the fiscal year.  
  9.10  Beginning July 1, 2004, this amount will increase to 5.5 cents a 
  9.11  month.  
  9.12     Sec. 9.  Minnesota Statutes 2000, section 473.902, 
  9.13  subdivision 1, is amended to read: 
  9.14     Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
  9.15  current costs of the board in implementing the regionwide public 
  9.16  safety radio communication plan system and the first phase 
  9.17  system and second phase systems shall be allocated among and 
  9.18  paid by the following users, all in accordance with the 
  9.19  regionwide public safety radio system communication plan adopted 
  9.20  by the board: 
  9.21     (1) the state of Minnesota for its operations using the 
  9.22  system in the metropolitan counties; 
  9.23     (2) all local government units using the system; and 
  9.24     (3) other eligible users of the system. 
  9.25     Sec. 10.  Minnesota Statutes 2000, section 473.902, 
  9.26  subdivision 3, is amended to read: 
  9.27     Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO BOARD.] 
  9.28  Each local government and other eligible users of the first or 
  9.29  second phase system shall pay to the board all sums charged to 
  9.30  it under this section, at the times and in the manner determined 
  9.31  by the board.  The governing body of each local government shall 
  9.32  take all action that may be necessary to provide the funds 
  9.33  required for these payments and to make them when due.  
  9.34     Sec. 11.  Minnesota Statutes 2000, section 473.902, 
  9.35  subdivision 5, is amended to read: 
  9.36     Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
 10.1   any local government using the first or second phase system 
 10.2   fails to meet any payment to the board under subdivision 1 when 
 10.3   due, the metropolitan council may certify to the auditor of the 
 10.4   county in which the government unit is located the amount 
 10.5   required for payment of the amount due with interest at six 
 10.6   percent per year.  The auditor shall levy and extend the amount 
 10.7   due, with interest, as a tax upon all taxable property in the 
 10.8   government unit for the next calendar year, free from any 
 10.9   existing limitations imposed by law or charter.  This tax shall 
 10.10  be collected in the same manner as the general taxes of the 
 10.11  government unit, and the proceeds of the tax, when collected, 
 10.12  shall be paid by the county treasurer to the board and credited 
 10.13  to the government unit for which the tax was levied.  
 10.14     Sec. 12.  [473.907] [PUBLIC SAFETY RADIO SYSTEM PLANNING 
 10.15  COMMITTEE.] 
 10.16     Subdivision 1.  [PLANNING COMMITTEE.] (a) The commissioner 
 10.17  of public safety shall convene and chair a planning committee to 
 10.18  develop a project plan for a statewide, shared, trunked public 
 10.19  safety radio communication system. 
 10.20     (b) The planning committee consists of the following 
 10.21  members or their designees: 
 10.22     (1) the commissioner of public safety; 
 10.23     (2) the commissioner of transportation; 
 10.24     (3) the commissioner of administration; 
 10.25     (4) the commissioner of natural resources; 
 10.26     (5) the chair of the metropolitan radio board; 
 10.27     (6) the president of the Minnesota sheriffs' association; 
 10.28     (7) a representative of the league of Minnesota cities from 
 10.29  the metropolitan area; and 
 10.30     (8) a representative of the association of Minnesota 
 10.31  counties from greater Minnesota. 
 10.32     Additionally, the commissioner of finance or a designee 
 10.33  shall serve on the committee as a nonvoting member.  
 10.34     (c) The planning committee must implement the project plan 
 10.35  and establish the statewide, shared trunked radio and 
 10.36  communications system.  The commissioner of public safety is 
 11.1   designated as the chair of the planning committee.  The 
 11.2   commissioner of public safety and the planning committee have 
 11.3   overall responsibility for the successful completion of 
 11.4   statewide communications infrastructure system integration. 
 11.5      (d) The planning committee must establish one or more 
 11.6   advisory groups for the purpose of advising on the plan, design, 
 11.7   implementation and administration of the statewide, shared 
 11.8   trunked radio and communications system.  At least one such 
 11.9   group must consist of the following members: 
 11.10     (1) the chair of the metropolitan radio board or a 
 11.11  designee; 
 11.12     (2) the chief of the Minnesota state patrol; 
 11.13     (3) a representative of the Minnesota state sheriffs' 
 11.14  association; 
 11.15     (4) a representative of the Minnesota chiefs of police 
 11.16  association; and 
 11.17     (5) a representative of the Minnesota fire chiefs' 
 11.18  association. 
 11.19     Subd. 2.  [PLAN CONTENTS.] (a) The statewide, shared radio 
 11.20  and communications system project plan must include: 
 11.21     (1) standards, guidelines and comprehensive design for the 
 11.22  system, including use and integration of existing public and 
 11.23  private communications infrastructure; 
 11.24     (2) proposed project implementation schedule, phases and 
 11.25  estimated costs for each phase of the plan; 
 11.26     (3) recommended statutory changes required for effective 
 11.27  implementation and administration of the statewide, shared 
 11.28  trunked radio and communications system; 
 11.29     (4) establishment of a permanent governance structure to 
 11.30  manage, administer and operate the statewide, shared trunked 
 11.31  radio system as it becomes operational; and 
 11.32     (5) a policy for the lease of excess space or capacity on 
 11.33  systems constructed under the project plan, consistent with 
 11.34  section 174.70, subdivision 2, with priority given first to 
 11.35  local units of government for public safety communications 
 11.36  transmission needs and second to any other communications 
 12.1   transmission needs of either the public or private sector. 
 12.2      (b) The planning committee must ensure that generally 
 12.3   accepted project management techniques are utilized for each 
 12.4   project or phase of the statewide, shared radio and 
 12.5   communications system, consistent with guidelines of the project 
 12.6   management office of the office of technology: 
 12.7      (1) clear sponsorship; 
 12.8      (2) scope management; 
 12.9      (3) project planning, control, and execution; 
 12.10     (4) continuous risk assessment and mitigation; 
 12.11     (5) cost management; 
 12.12     (6) quality management reviews; 
 12.13     (7) communications management; and 
 12.14     (8) proven methodology. 
 12.15     Subd. 3.  [LOCAL FINANCING.] A local unit of government 
 12.16  that receives state funds for the statewide, shared trunked 
 12.17  radio and communications system must agree to participate in the 
 12.18  system and must comply with the standards and guidelines 
 12.19  contained in the project plan.  The planning committee must 
 12.20  review and approve all local planning initiatives, including 
 12.21  bonds issued under section 373.47, for connectivity to the 
 12.22  system to assure compatibility, interoperability and integration 
 12.23  support with the system and plan standards.  As part of the 
 12.24  review, and prior to approving the issuance of bonds under 
 12.25  section 373.47, the planning committee must require, and a 
 12.26  county must provide, a detailed plan including a budget and 
 12.27  detailed cost estimates.  
 12.28     Subd. 4.  [REPORTING.] By November 15, 2002, the planning 
 12.29  committee must submit a status report to the governor and to the 
 12.30  chairs and ranking minority members of the house and senate 
 12.31  committees with jurisdiction over capital investment and 
 12.32  criminal justice funding and policy along with any proposed 
 12.33  statutory changes and funding options to allow for consideration 
 12.34  in the 2004-2005 biennial budget process.  By January 15, 2003, 
 12.35  the planning committee must submit the project plan to the 
 12.36  governor and to the above named legislators, and must 
 13.1   immediately thereafter commence execution of the plan.  
 13.2      Sec. 13.  Minnesota Statutes 2000, section 609.106, 
 13.3   subdivision 2, is amended to read: 
 13.4      Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
 13.5   a person to life imprisonment without possibility of release 
 13.6   under the following circumstances: 
 13.7      (1) the person is convicted of first degree murder under 
 13.8   section 609.185, paragraph (a), clause (2) or, (4), or (7); 
 13.9      (2) the person is convicted of committing first degree 
 13.10  murder in the course of a kidnapping under section 609.185, 
 13.11  clause (3); or 
 13.12     (3) the person is convicted of first degree murder under 
 13.13  section 609.185, clause (1), (3), (5), or (6), and the court 
 13.14  determines on the record at the time of sentencing that the 
 13.15  person has one or more previous convictions for a heinous crime. 
 13.16     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
 13.17  and applies to crimes committed on or after that date. 
 13.18     Sec. 14.  [609.119] [ADDITIONAL COLLECTION OF BIOLOGICAL 
 13.19  SPECIMENS FOR DNA TESTING.] 
 13.20     (a) From July 1, 2002, to June 30, 2003, the court shall 
 13.21  order an offender to provide a biological specimen for the 
 13.22  purpose of future DNA analysis as described in section 299C.155 
 13.23  when: 
 13.24     (1) the court sentences a person charged with committing or 
 13.25  attempting to commit a felony offense not described in section 
 13.26  609.117, subdivision 1, and the person is convicted of that 
 13.27  offense or of any felony offense arising out of the same set of 
 13.28  circumstances; or 
 13.29     (2) the juvenile court adjudicates a person a delinquent 
 13.30  child who is petitioned for committing or attempting to commit a 
 13.31  felony offense not described in section 609.117, subdivision 1, 
 13.32  and is adjudicated delinquent for that offense or any 
 13.33  felony-level offense arising out of the same set of 
 13.34  circumstances. 
 13.35  The biological specimen shall be maintained by the bureau of 
 13.36  criminal apprehension as provided in section 299C.155. 
 14.1      (b) From July 1, 2002, to June 30, 2003, the commissioner 
 14.2   of corrections or local corrections authority shall order a 
 14.3   person to provide a biological specimen for the purpose of 
 14.4   future DNA analysis as described in section 299C.155 before 
 14.5   completion of the person's term of imprisonment when the person 
 14.6   has not provided a biological specimen for the purpose of DNA 
 14.7   analysis, and the person: 
 14.8      (1) was initially charged with committing or attempting to 
 14.9   commit a felony offense not described in section 609.117, 
 14.10  subdivision 1, and was convicted of that offense or of any 
 14.11  felony offense arising out of the same set of circumstances; or 
 14.12     (2) is serving a term of imprisonment in this state under a 
 14.13  reciprocal agreement although convicted in another state of 
 14.14  committing or attempting to commit a felony offense not 
 14.15  described in section 609.117, subdivision 1, or of any felony 
 14.16  offense arising out of the same set of circumstances if the 
 14.17  person was initially charged with committing or attempting to 
 14.18  commit a felony offense not described in section 609.117, 
 14.19  subdivision 1.  
 14.20  The commissioner of corrections or local corrections authority 
 14.21  shall forward the sample to the bureau of criminal apprehension. 
 14.22     (c) From July 1, 2002, to June 30, 2003, when the state 
 14.23  accepts an offender from another state under the interstate 
 14.24  compact authorized by section 243.16, the acceptance is 
 14.25  conditional on the offender providing a biological specimen for 
 14.26  the purposes of future DNA analysis as described in section 
 14.27  299C.155, if the offender was initially charged with committing 
 14.28  or attempting to commit a felony offense not described in 
 14.29  section 609.117, subdivision 1, and was convicted of that 
 14.30  offense or of any felony offense arising out of the same set of 
 14.31  circumstances.  The specimen must be provided under supervision 
 14.32  of staff from the department of corrections or a Community 
 14.33  Corrections Act county within 15 business days after the 
 14.34  offender reports to the supervising agent.  The cost of 
 14.35  obtaining the biological specimen is the responsibility of the 
 14.36  agency providing supervision. 
 15.1      Sec. 15.  Minnesota Statutes 2000, section 609.185, is 
 15.2   amended to read: 
 15.3      609.185 [MURDER IN THE FIRST DEGREE.] 
 15.4      (a) Whoever does any of the following is guilty of murder 
 15.5   in the first degree and shall be sentenced to imprisonment for 
 15.6   life: 
 15.7      (1) causes the death of a human being with premeditation 
 15.8   and with intent to effect the death of the person or of another; 
 15.9      (2) causes the death of a human being while committing or 
 15.10  attempting to commit criminal sexual conduct in the first or 
 15.11  second degree with force or violence, either upon or affecting 
 15.12  the person or another; 
 15.13     (3) causes the death of a human being with intent to effect 
 15.14  the death of the person or another, while committing or 
 15.15  attempting to commit burglary, aggravated robbery, kidnapping, 
 15.16  arson in the first or second degree, a drive-by shooting, 
 15.17  tampering with a witness in the first degree, escape from 
 15.18  custody, or any felony violation of chapter 152 involving the 
 15.19  unlawful sale of a controlled substance; 
 15.20     (4) causes the death of a peace officer or a guard employed 
 15.21  at a Minnesota state or local correctional facility, with intent 
 15.22  to effect the death of that person or another, while the peace 
 15.23  officer or guard is engaged in the performance of official 
 15.24  duties; 
 15.25     (5) causes the death of a minor while committing child 
 15.26  abuse, when the perpetrator has engaged in a past pattern of 
 15.27  child abuse upon the child and the death occurs under 
 15.28  circumstances manifesting an extreme indifference to human life; 
 15.29  or 
 15.30     (6) causes the death of a human being while committing 
 15.31  domestic abuse, when the perpetrator has engaged in a past 
 15.32  pattern of domestic abuse upon the victim or upon another family 
 15.33  or household member and the death occurs under circumstances 
 15.34  manifesting an extreme indifference to human life; or 
 15.35     (7) causes the death of a human being while committing, 
 15.36  conspiring to commit, or attempting to commit a felony crime to 
 16.1   further terrorism and the death occurs under circumstances 
 16.2   manifesting an extreme indifference to human life. 
 16.3      (b) For purposes of paragraph (a), clause (5), "child abuse"
 16.4   means an act committed against a minor victim that constitutes a 
 16.5   violation of the following laws of this state or any similar 
 16.6   laws of the United States or any other state:  section 609.221; 
 16.7   609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 16.8   609.345; 609.377; 609.378; or 609.713. 
 16.9      (c) For purposes of paragraph (a), clause (6), "domestic 
 16.10  abuse" means an act that: 
 16.11     (1) constitutes a violation of section 609.221, 609.222, 
 16.12  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 16.13  609.713, or any similar laws of the United States or any other 
 16.14  state; and 
 16.15     (2) is committed against the victim who is a family or 
 16.16  household member as defined in section 518B.01, subdivision 2, 
 16.17  paragraph (b). 
 16.18     (d) For purposes of paragraph (a), clause (7), "further 
 16.19  terrorism" has the meaning given in section 609.714, subdivision 
 16.20  1. 
 16.21     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
 16.22  and applies to crimes committed on or after that date.  
 16.23     Sec. 16.  [609.594] [DAMAGE TO PROPERTY OF CRITICAL PUBLIC 
 16.24  SERVICE FACILITIES, UTILITIES, AND PIPELINES.] 
 16.25     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 16.26     (1) "critical public service facility" includes railroad 
 16.27  yards and stations, bus stations, airports, and other mass 
 16.28  transit facilities; oil refineries; storage areas or facilities 
 16.29  for hazardous materials, hazardous substances, or hazardous 
 16.30  wastes; and bridges; 
 16.31     (2) "pipeline" has the meaning given in section 609.6055, 
 16.32  subdivision 1; and 
 16.33     (3) "utility" includes:  (i) any organization defined as a 
 16.34  utility in section 216C.06, subdivision 5; (ii) any 
 16.35  telecommunications carrier or telephone company regulated under 
 16.36  chapter 237; and (iii) any local utility or enterprise formed 
 17.1   for the purpose of providing electrical or gas heating and 
 17.2   power, telephone, water, sewage, wastewater, or other related 
 17.3   utility service, which is owned, controlled, or regulated by a 
 17.4   town, a statutory or home rule charter city, a county, a port 
 17.5   development authority, the metropolitan council, a district 
 17.6   heating authority, a regional commission or other regional 
 17.7   government unit, or a combination of these governmental units. 
 17.8      Subd. 2.  [PROHIBITED CONDUCT; PENALTY.] Whoever causes 
 17.9   damage to the physical property of a critical public service 
 17.10  facility, utility, or pipeline with the intent to significantly 
 17.11  disrupt the operation of or the provision of services by the 
 17.12  facility, utility, or pipeline and without the consent of one 
 17.13  authorized to give consent, is guilty of a felony and may be 
 17.14  sentenced to imprisonment for not more than ten years or to 
 17.15  payment of a fine of not more than $20,000, or both. 
 17.16     Subd. 3.  [DETENTION AUTHORITY; IMMUNITY.] An employee or 
 17.17  other person designated by a critical public service facility, 
 17.18  utility, or pipeline to ensure the provision of services by the 
 17.19  critical public service facility or the safe operation of the 
 17.20  equipment or facility of the utility or pipeline who has 
 17.21  reasonable cause to believe that a person is violating this 
 17.22  section may detain the person as provided in this subdivision.  
 17.23  The person detained must be promptly informed of the purpose of 
 17.24  the detention and may not be subjected to unnecessary or 
 17.25  unreasonable force or interrogation.  The employee or other 
 17.26  designated person must notify a peace officer promptly of the 
 17.27  detention and may only detain the person for a reasonable period 
 17.28  of time.  No employee or other designated person is criminally 
 17.29  or civilly liable for any detention that the employee or person 
 17.30  reasonably believed was authorized by and conducted in 
 17.31  conformity with this subdivision. 
 17.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
 17.33  and applies to crimes committed on or after that date. 
 17.34     Sec. 17.  Minnesota Statutes 2000, section 609.595, 
 17.35  subdivision 1, is amended to read: 
 17.36     Subdivision 1.  [CRIMINAL DAMAGE TO PROPERTY IN THE FIRST 
 18.1   DEGREE.] Whoever intentionally causes damage to physical 
 18.2   property of another without the latter's consent may be 
 18.3   sentenced to imprisonment for not more than five years or to 
 18.4   payment of a fine of not more than $10,000, or both, if:  
 18.5      (1) the damage to the property caused a reasonably 
 18.6   foreseeable risk of bodily harm; or 
 18.7      (2) the property damaged belongs to a public utility or a 
 18.8   common carrier and the damage impairs the service to the public 
 18.9   rendered by them the carrier; or 
 18.10     (3) the damage reduces the value of the property by more 
 18.11  than $500 measured by the cost of repair and replacement; or 
 18.12     (4) the damage reduces the value of the property by more 
 18.13  than $250 measured by the cost of repair and replacement and the 
 18.14  defendant has been convicted within the preceding three years of 
 18.15  an offense under this subdivision or subdivision 2. 
 18.16     In any prosecution under clause (3), the value of any 
 18.17  property damaged by the defendant in violation of that clause 
 18.18  within any six-month period may be aggregated and the defendant 
 18.19  charged accordingly in applying the provisions of this section; 
 18.20  provided that when two or more offenses are committed by the 
 18.21  same person in two or more counties, the accused may be 
 18.22  prosecuted in any county in which one of the offenses was 
 18.23  committed for all of the offenses aggregated under this 
 18.24  paragraph.  
 18.25     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
 18.26  and applies to crimes committed on or after that date. 
 18.27     Sec. 18.  [609.6055] [TRESPASS ON CRITICAL PUBLIC SERVICE 
 18.28  FACILITY; UTILITY; OR PIPELINE.] 
 18.29     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 18.30  the following terms have the meanings given. 
 18.31     (b) "Critical public service facility" includes buildings 
 18.32  and other physical structures, and fenced in or otherwise 
 18.33  enclosed property, of railroad yards and stations, bus stations, 
 18.34  airports, and other mass transit facilities; oil refineries; and 
 18.35  storage areas or facilities for hazardous materials, hazardous 
 18.36  substances, or hazardous wastes.  The term also includes 
 19.1   nonpublic portions of bridges.  The term does not include 
 19.2   railroad tracks extending beyond a critical public service 
 19.3   facility. 
 19.4      (c) "Pipeline" includes an aboveground pipeline and any 
 19.5   equipment, facility, or building located in this state that is 
 19.6   used to transport natural or synthetic gas, crude petroleum or 
 19.7   petroleum fuels or oil or their derivatives, or hazardous 
 19.8   liquids, to or within a distribution, refining, manufacturing, 
 19.9   or storage facility that is located inside or outside of this 
 19.10  state.  Pipeline does not include service lines. 
 19.11     (d) "Utility" includes: 
 19.12     (1) any organization defined as a utility in section 
 19.13  216C.06, subdivision 5; 
 19.14     (2) any telecommunications carrier or telephone company 
 19.15  regulated under chapter 237; and 
 19.16     (3) any local utility or enterprise formed for the purpose 
 19.17  of providing electrical or gas heating and power, telephone, 
 19.18  water, sewage, wastewater, or other related utility service, 
 19.19  which is owned, controlled, or regulated by a town, a statutory 
 19.20  or home rule charter city, a county, a port development 
 19.21  authority, the metropolitan council, a district heating 
 19.22  authority, a regional commission or other regional government 
 19.23  unit, or a combination of these governmental units. 
 19.24     The term does not include property located above buried 
 19.25  power or telecommunications lines or property located below 
 19.26  suspended power or telecommunications lines, unless the property 
 19.27  is fenced in or otherwise enclosed. 
 19.28     Subd. 2.  [PROHIBITED CONDUCT; PENALTY.] Whoever enters or 
 19.29  is found upon property containing a critical public service 
 19.30  facility, utility, or pipeline, without claim of right or 
 19.31  consent of one who has the right to give consent to be on the 
 19.32  property, is guilty of a gross misdemeanor, if: 
 19.33     (1) the person refuses to depart from the property on the 
 19.34  demand of one who has the right to give consent; 
 19.35     (2) within the past six months, the person had been told by 
 19.36  one who had the right to give consent to leave the property and 
 20.1   not to return, unless a person with the right to give consent 
 20.2   has given the person permission to return; or 
 20.3      (3) the property is posted. 
 20.4      Subd. 3.  [POSTING.] For purposes of this section, a 
 20.5   critical public service facility, utility, or pipeline is posted 
 20.6   if there are signs that: 
 20.7      (1) state "no trespassing" or similar terms; 
 20.8      (2) display letters at least two inches high; 
 20.9      (3) state that Minnesota law prohibits trespassing on the 
 20.10  property; and 
 20.11     (4) are posted in a conspicuous place and at intervals of 
 20.12  500 feet or less. 
 20.13     Subd. 4.  [DETENTION AUTHORITY; IMMUNITY.] An employee or 
 20.14  other person designated by a critical public service facility, 
 20.15  utility, or pipeline to ensure the provision of services by the 
 20.16  critical public service facility or the safe operation of the 
 20.17  equipment or facility of the utility or pipeline who has 
 20.18  reasonable cause to believe that a person is violating this 
 20.19  section may detain the person as provided in this subdivision.  
 20.20  The person detained must be promptly informed of the purpose of 
 20.21  the detention and may not be subjected to unnecessary or 
 20.22  unreasonable force or interrogation.  The employee or other 
 20.23  designated person must notify a peace officer promptly of the 
 20.24  detention and may only detain the person for a reasonable period 
 20.25  of time.  No employee or other designated person is criminally 
 20.26  or civilly liable for any detention that the employee or person 
 20.27  reasonably believed was authorized by and conducted in 
 20.28  conformity with this subdivision. 
 20.29     Subd. 5.  [ARREST AUTHORITY.] A peace officer may arrest a 
 20.30  person without a warrant if the officer has probable cause to 
 20.31  believe the person violated this section within the preceding 
 20.32  four hours.  The arrest may be made even though the violation 
 20.33  did not occur in the presence of the peace officer. 
 20.34     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
 20.35  and applies to crimes committed on or after that date. 
 20.36     Sec. 19.  [609.712] [REAL AND SIMULATED WEAPONS OF MASS 
 21.1   DESTRUCTION.] 
 21.2      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 21.3   the following terms have the meanings given. 
 21.4      (b) "Biological agent" means any microorganism, virus, 
 21.5   infectious substance, or biological product that may be 
 21.6   engineered as a result of biotechnology, or any naturally 
 21.7   occurring or bioengineered component of a microorganism, virus, 
 21.8   infectious substance, or biological product, that is capable of 
 21.9   causing: 
 21.10     (1) death, disease, or other biological malfunction in a 
 21.11  human, an animal, a plant, or another living organism; 
 21.12     (2) deterioration of food, water, equipment, supplies, or 
 21.13  material of any kind; or 
 21.14     (3) deleterious alteration of the environment. 
 21.15     (c) "Simulated weapon of mass destruction" means any 
 21.16  device, substance, or object that by its design, construction, 
 21.17  content, or characteristics, appears to be or to contain, or is 
 21.18  represented to be, constitute, or contain, a weapon of mass 
 21.19  destruction, but that is, in fact, an inoperative facsimile, 
 21.20  imitation, counterfeit, or representation of a weapon of mass 
 21.21  destruction that does not meet the definition of a weapon of 
 21.22  mass destruction or that does not actually contain or constitute 
 21.23  a weapon, biological agent, toxin, vector, or delivery system 
 21.24  prohibited by this section. 
 21.25     (d) "Toxin" means the toxic material of plants, animals, 
 21.26  microorganisms, viruses, fungi, or infectious substances, or a 
 21.27  recombinant molecule, whatever its origin or method of 
 21.28  production, including: 
 21.29     (1) any poisonous substance or biological product that may 
 21.30  be engineered as a result of biotechnology or produced by a 
 21.31  living organism; or 
 21.32     (2) any poisonous isomer or biological product, homolog, or 
 21.33  derivative of such a substance. 
 21.34     (e) "Vector" means a living organism or molecule, including 
 21.35  a recombinant molecule or biological product that may be 
 21.36  engineered as a result of biotechnology, capable of carrying a 
 22.1   biological agent or toxin to a host. 
 22.2      (f) "Weapon of mass destruction" includes weapons, 
 22.3   substances, devices, vectors, or delivery systems that: 
 22.4      (1) are designed or have the capacity to cause death or 
 22.5   great bodily harm to a considerable number of people through the 
 22.6   release, dissemination, or impact of toxic or poisonous 
 22.7   chemicals, or their precursors, disease organisms, biological 
 22.8   agents, or toxins; or 
 22.9      (2) are designed to release radiation or radioactivity at a 
 22.10  level dangerous to human life. 
 22.11     Subd. 2.  [WEAPONS OF MASS DESTRUCTION.] (a) Whoever 
 22.12  manufactures, acquires, possesses, or makes readily accessible 
 22.13  to another a weapon of mass destruction with the intent to cause 
 22.14  injury to another is guilty of a crime and may be sentenced to 
 22.15  imprisonment for not more than 20 years or to payment of a fine 
 22.16  of not more than $100,000, or both. 
 22.17     (b) It is an affirmative defense to criminal liability 
 22.18  under this subdivision if the defendant proves by a 
 22.19  preponderance of the evidence that the conduct engaged in: 
 22.20     (1) was specifically authorized under state or federal law 
 22.21  and conducted in accordance with that law; or 
 22.22     (2) was part of a legitimate scientific or medical research 
 22.23  project, or constituted legitimate medical treatment. 
 22.24     Subd. 3.  [PROHIBITED SUBSTANCES.] (a) Whoever knowingly 
 22.25  manufactures, acquires, possesses, or makes readily accessible 
 22.26  to another the following, or substances that are substantially 
 22.27  similar in chemical makeup to the following, in levels dangerous 
 22.28  to human life, is guilty of a crime:  
 22.29     (1) variola major (smallpox); 
 22.30     (2) bacillus anthracis (anthrax); 
 22.31     (3) yersinia pestis (plague); 
 22.32     (4) botulinum toxin (botulism); 
 22.33     (5) francisella tularensis (tularemia); 
 22.34     (6) viral hemorrhagic fevers; 
 22.35     (7) a mustard agent; 
 22.36     (8) lewisite; 
 23.1      (9) hydrogen cyanide; 
 23.2      (10) GA (tabun); 
 23.3      (11) GB (Sarin); 
 23.4      (12) GD (Soman); 
 23.5      (13) GF (cyclohexymethyl phosphonofluoridate); 
 23.6      (14) VX (0-ethyl, supdiisopropylaminomethyl 
 23.7   methylphosphonothiolate); 
 23.8      (15) radioactive materials; or 
 23.9      (16) any combination of the above. 
 23.10     (b) A person who violates this subdivision may be sentenced 
 23.11  to imprisonment for not more than 20 years or to payment of a 
 23.12  fine of not more than $100,000, or both. 
 23.13     (c) This subdivision does not apply to conduct: 
 23.14     (1) specifically authorized under state or federal law and 
 23.15  conducted in accordance with that law; 
 23.16     (2) that is part of a legitimate scientific or medical 
 23.17  research project; or 
 23.18     (3) that constitutes legitimate medical treatment. 
 23.19     Subd. 4.  [SIMULATED WEAPONS OF MASS DESTRUCTION; PENALTY.] 
 23.20  Whoever manufactures, acquires, possesses, or makes readily 
 23.21  accessible to another a simulated weapon of mass destruction 
 23.22  with the intent of terrorizing another may be sentenced to 
 23.23  imprisonment for not more than ten years or to payment of a fine 
 23.24  of not more than $20,000, or both. 
 23.25     Subd. 5.  [THREATS INVOLVING REAL OR SIMULATED WEAPONS OF 
 23.26  MASS DESTRUCTION.] Whoever does the following with intent to 
 23.27  terrorize another or cause evacuation of a place, whether a 
 23.28  building or not, or disruption of another's activities, or with 
 23.29  reckless disregard of the risk of causing this terror, 
 23.30  evacuation, or disruption, may be sentenced to imprisonment for 
 23.31  not more than ten years or to payment of a fine of not more than 
 23.32  $20,000, or both:  
 23.33     (1) displays a weapon of mass destruction or a simulated 
 23.34  weapon of mass destruction; 
 23.35     (2) threatens to use a weapon of mass destruction; or 
 23.36     (3) communicates, whether directly or indirectly, that a 
 24.1   weapon of mass destruction is or will be present or introduced 
 24.2   at a place or location, or will be used to cause death, disease, 
 24.3   or injury to another or to another's property, whether or not 
 24.4   the same is in fact present or introduced. 
 24.5      Subd. 6.  [CIVIL ACTION TO RECOVER.] A person who violates 
 24.6   this section is liable in a civil action brought by: 
 24.7      (1) an individual for damages resulting from the violation; 
 24.8   and 
 24.9      (2) a municipality, the state, or a rescue organization to 
 24.10  recover expenses incurred to provide investigative, rescue, 
 24.11  medical, or other services for circumstances or injuries which 
 24.12  resulted from the violation. 
 24.13     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
 24.14  and applies to crimes committed on or after that date. 
 24.15     Sec. 20.  [609.714] [CRIMES COMMITTED IN FURTHERANCE OF 
 24.16  TERRORISM.] 
 24.17     Subdivision 1.  [DEFINITION.] As used in this section, a 
 24.18  crime is committed to "further terrorism" if the crime is a 
 24.19  felony and is a premeditated act involving violence to persons 
 24.20  or property that is intended to: 
 24.21     (1) terrorize, intimidate, or coerce a considerable number 
 24.22  of members of the public in addition to the direct victims of 
 24.23  the act; and 
 24.24     (2) significantly disrupt or interfere with the lawful 
 24.25  exercise, operation, or conduct of government, lawful commerce, 
 24.26  or the right of lawful assembly. 
 24.27     Subd. 2.  [FURTHERANCE OF TERRORISM; CRIME DESCRIBED; 
 24.28  PENALTY.] A person who commits a felony crime to further 
 24.29  terrorism is guilty of a crime.  The statutory maximum for the 
 24.30  crime is 50 percent longer than the statutory maximum for the 
 24.31  underlying crime.  
 24.32     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2002, 
 24.33  and applies to crimes committed on or after that date. 
 24.34                             ARTICLE 2 
 24.35                           APPROPRIATIONS 
 24.36  Section 1.  PUBLIC SAFETY 
 25.1   Subdivision 1.  Total 
 25.2   Appropriation                                        13,000,000
 25.3   To the commissioner of public safety 
 25.4   for the fiscal year ending June 30, 
 25.5   2003. 
 25.6   Appropriations made in this section for 
 25.7   a specific purpose, but not needed for 
 25.8   that purpose, may be used for another 
 25.9   antiterrorism purpose identified in 
 25.10  this section.  Appropriations in this 
 25.11  section are available until June 30, 
 25.12  2004. 
 25.13  As used in this article, "local 
 25.14  response units" include local law 
 25.15  enforcement, fire, and ambulance. 
 25.16  Subd. 2.  Equipment
 25.17  $3,750,000 is for the purchase of 
 25.18  terrorism response-related equipment.  
 25.19  This amount is for grants to local and 
 25.20  state response units for the purchase 
 25.21  of personal protection equipment, 
 25.22  chemical detection and measurement 
 25.23  equipment, and decontamination 
 25.24  equipment for first response units.  Up 
 25.25  to 1.5 percent of this appropriation 
 25.26  may be used for the administration of 
 25.27  the grants.  The commissioner shall 
 25.28  distribute the grants in accordance 
 25.29  with criteria recommended by the 
 25.30  homeland security advisory council or 
 25.31  its succesor.  Grant applicants must 
 25.32  provide a 25 percent match from 
 25.33  nonstate funds or in-kind contributions 
 25.34  to obtain grant funding.  This is a 
 25.35  one-time appropriation. 
 25.36  Subd. 3.  Training
 25.37  $7,500,000 is for terrorism 
 25.38  response-related training.  Of this 
 25.39  amount, $177,000 is for additional 
 25.40  personnel in the department of public 
 25.41  safety's division of emergency 
 25.42  management to conduct terrorism 
 25.43  preparedness and response-related 
 25.44  training and exercises.  Of this 
 25.45  amount, $55,000 is for the state's 
 25.46  hazardous materials teams and chemical 
 25.47  assessment teams for the training of 
 25.48  their personnel.  The remainder of the 
 25.49  appropriation is for grants to local 
 25.50  response units for approved 
 25.51  certification and terrorism training.  
 25.52  The division shall distribute the 
 25.53  grants in accordance with criteria 
 25.54  recommended by the homeland security 
 25.55  advisory council or its successor.  No 
 25.56  portion of this money may be used to 
 25.57  supplant current funding for training.  
 25.58  This is a one-time appropriation. 
 25.59  Subd. 4.  Bomb Disposal Squads 
 25.60  $250,000 in fiscal year 2003 is to 
 25.61  reimburse bomb disposal units under 
 25.62  Minnesota Statutes, section 299C.063.  
 26.1   Of this amount, $150,000 is for the 
 26.2   purchase of equipment, $60,000 is for 
 26.3   response costs, and $40,000 is for 
 26.4   training costs.  The department of 
 26.5   public safety's division of emergency 
 26.6   management shall distribute the funds 
 26.7   in accordance with criteria recommended 
 26.8   by the homeland security advisory 
 26.9   council or its successor.  This is a 
 26.10  one-time appropriation. 
 26.11  Subd. 5.  Hazardous Materials 
 26.12  Emergency Response Teams
 26.13  $240,000 is for the conversion of the 
 26.14  Rochester, Moorhead, and Duluth 
 26.15  chemical assessment teams to 
 26.16  combination emergency response/chemical 
 26.17  assessment teams.  This is a one-time 
 26.18  appropriation. 
 26.19  Subd. 6.  Chemical Assessment Teams 
 26.20  $105,000 is to provide that up to five 
 26.21  members per chemical assessment team 
 26.22  are available for response.  This is a 
 26.23  one-time appropriation. 
 26.24  Subd. 7.  Capitol Security
 26.25  $600,000 is to fund increased security 
 26.26  for the capitol complex.  The 
 26.27  commissioner must use the funds to hire 
 26.28  and pay two additional state troopers 
 26.29  to patrol the capitol complex 
 26.30  year-round and fund overtime for two 
 26.31  state troopers to patrol the capitol 
 26.32  complex while the legislature is in 
 26.33  session.  The commissioner may not use 
 26.34  the funds for the governor's security 
 26.35  detail.  This is a one-time 
 26.36  appropriation. 
 26.37  Subd. 8.  800 Megahertz Executive Team 
 26.38  Report Update 
 26.39  $5,000 is for salaries and expenses 
 26.40  related to updating and modifying the 
 26.41  800 Megahertz Executive Team Report to 
 26.42  2001 Legislature for the statewide, 
 26.43  shared trunked radio and communications 
 26.44  system.  The 2001 report will include 
 26.45  updated project costs and timeline 
 26.46  estimates for each implementation phase 
 26.47  and will reflect metro and greater 
 26.48  Minnesota communication needs.  The 
 26.49  commissioner shall submit the updated 
 26.50  report to the chairs and ranking 
 26.51  minority members of the senate and 
 26.52  house of representatives committees and 
 26.53  divisions having jurisdiction over 
 26.54  criminal justice funding by February 1, 
 26.55  2003.  This is a one-time appropriation.
 26.56  Subd. 9.  Additional Collection of
 26.57  Biological Specimens for DNA Testing
 26.58  $150,000 is for the increased costs 
 26.59  associated with the additional 
 26.60  collection of biological specimens for 
 26.61  DNA testing.  This is a one-time 
 27.1   appropriation. 
 27.2   Subd. 10.  Minnesota Emergency
 27.3   Medical Services Regulatory Board 
 27.4   $400,000 is for grants to medical 
 27.5   resource control centers that have been 
 27.6   providing medical direction and 
 27.7   coordination on or before January 1, 
 27.8   2002.  This is a one-time appropriation.
 27.9   Subd. 11.  Reporting 
 27.10  By February 1, 2003, and February 1, 
 27.11  2004, the commissioner shall report to 
 27.12  the chairs and ranking minority members 
 27.13  of the house and senate committees 
 27.14  having jurisdiction over criminal 
 27.15  justice funding and policy on how the 
 27.16  funds appropriated in this section were 
 27.17  expended.  
 27.18  Sec. 2.  ADMINISTRATION                1,781,000      4,244,000
 27.19  This appropriation is from the 911 
 27.20  emergency telephone service account in 
 27.21  the special revenue fund to provide for 
 27.22  911 emergency telephone service.  These 
 27.23  appropriations are added to the 
 27.24  appropriations in Laws 2001, First 
 27.25  Special Session chapter 10, article 1, 
 27.26  section 12, subdivision 4.