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Minnesota Legislature

Office of the Revisor of Statutes

HF 7

as introduced - 82nd Legislature, 2001 1st Special Session (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 12/23/2002

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for transportation, 
  1.4             public safety, and the judicial system; requiring a 
  1.5             study of certain high-occupancy vehicle lanes; 
  1.6             directing construction of a global position tower by 
  1.7             the commissioner of transportation; eliminating a 
  1.8             repeal of the state-aid rules advisory committee; 
  1.9             providing for the disposition of proceeds from sale of 
  1.10            state trunk highway bonds and property purchased 
  1.11            therewith; exempting vehicles of the gambling control 
  1.12            board from registration; providing for certain 
  1.13            department of transportation contracts; designating 
  1.14            King of Trails; providing for payment of certain 
  1.15            engineering costs from town bridge account; providing 
  1.16            for revenues from certain department of transportation 
  1.17            leases; authorizing advance funding for interregional 
  1.18            corridor development; adjusting percentages of 
  1.19            state-aid funds set aside for disaster accounts; 
  1.20            authorizing display of certain temporary vehicle 
  1.21            permits; making certain changes in motor vehicle 
  1.22            dealer licensing law; increasing motor vehicle 
  1.23            registration filing fee; providing for refunds of 
  1.24            registration tax for canceled sale; allowing 
  1.25            electronic filing of accident reports; authorizing the 
  1.26            commissioner of transportation to bill for pavement 
  1.27            marking; making certain changes in greater Minnesota 
  1.28            public transit assistance program; changing definition 
  1.29            of major transportation project; restricting certain 
  1.30            expenditures of state funds for study of light rail 
  1.31            transit and commuter rail; authorizing establishment 
  1.32            of railroad quiet zones by local governments; 
  1.33            authorizing disposal of certain property in state rail 
  1.34            bank; eliminating certain accounts in transportation 
  1.35            revolving loan fund and expanding eligibility for 
  1.36            loans therefrom; restricting recovery for loss arising 
  1.37            from operation of recreational vehicle on highway 
  1.38            right-of-way; repealing sunset of metropolitan council 
  1.39            performance-based funding program for certain transit 
  1.40            providers; establishing procedures for racial 
  1.41            profiling data collection and analysis; requiring 
  1.42            retention of an outside expert to analyze racial 
  1.43            profiling data; requiring law enforcement training and 
  1.44            conferences to eliminate racial profiling; increasing 
  1.45            surcharges on criminal and traffic offenders to fund 
  1.46            racial profiling and other criminal justice 
  2.1             initiatives; creating a felony driving while impaired 
  2.2             penalty for repeat offenders; establishing mandatory 
  2.3             penalties for repeat driving while impaired offenders; 
  2.4             modifying, clarifying, and expanding laws related to 
  2.5             driving while impaired offenses; providing criminal 
  2.6             penalties; increasing fines and surcharges; 
  2.7             designating responsibility for obtaining 
  2.8             identification data from persons arrested or appearing 
  2.9             in court on charges; requiring reports on suspense 
  2.10            file information; changing the membership of the 
  2.11            criminal justice information policy group; specifying 
  2.12            procedures for setting the salaries of retired judges 
  2.13            acting as a justice or judge; clarifying, expanding, 
  2.14            and modifying laws related to predatory offender 
  2.15            registration; expanding the group of offenders who 
  2.16            must provide a biological specimen for DNA testing; 
  2.17            expanding, modifying, and proscribing the penalties 
  2.18            for abuse of a service animal, pet, or companion 
  2.19            animal; modifying and establishing procedures for 
  2.20            identifying and destroying dangerous animals; 
  2.21            clarifying the penalty for certain crimes involving 
  2.22            fleeing a peace officer; modifying the crimes of 
  2.23            assisting an offender; increasing the penalty for the 
  2.24            dissemination of child pornography; amending Minnesota 
  2.25            Statutes 2000, sections 2.724, subdivision 3; 13.87, 
  2.26            by adding a subdivision; 16A.641, subdivision 8; 
  2.27            16B.54, subdivision 2; 16C.05, subdivision 2; 161.082, 
  2.28            subdivision 2a; 161.14, by adding a subdivision; 
  2.29            161.23, subdivision 3; 161.32, subdivisions 1, 1a, 1b, 
  2.30            1e; 162.06, subdivision 3; 162.12, subdivision 3; 
  2.31            167.51, subdivision 2; 168.012, subdivision 1; 168.09, 
  2.32            subdivision 7; 168.27, subdivisions 12a, 20; 168.33, 
  2.33            subdivision 7; 169.09, subdivisions 8, 9; 169.67, 
  2.34            subdivision 3; 169.79; 169A.03, subdivision 12; 
  2.35            169A.07; 169A.20, subdivision 3; 169A.25; 169A.26; 
  2.36            169A.27; 169A.275; 169A.277, subdivision 2; 169A.28, 
  2.37            subdivision 2; 169A.283, subdivision 1; 169A.35, 
  2.38            subdivision 1, by adding a subdivision; 169A.37, 
  2.39            subdivision 1; 169A.40, subdivision 3; 169A.41, 
  2.40            subdivision 2; 169A.54, subdivision 6; 169A.60, 
  2.41            subdivisions 1, 13, 14; 169A.63, subdivision 1; 
  2.42            171.07, subdivision 1; 171.09; 171.183, subdivision 1; 
  2.43            171.29, subdivision 2; 171.39; 174.24, subdivision 3b; 
  2.44            174.35; 174.55, subdivisions 4, 5; 174.70, 
  2.45            subdivisions 2, 3; 174.88, subdivision 2; 222.63, 
  2.46            subdivision 4; 243.166, subdivisions 1, 3, 4a, 6; 
  2.47            243.167, subdivision 1; 299A.64, subdivision 1; 
  2.48            299C.10, subdivision 1; 299C.11; 299C.65, subdivisions 
  2.49            1, 2; 343.20, by adding subdivisions; 343.21, 
  2.50            subdivisions 9, 10, by adding a subdivision; 343.235, 
  2.51            subdivisions 1, 3; 347.50, subdivision 1, by adding a 
  2.52            subdivision; 347.51, subdivisions 2, 9, by adding a 
  2.53            subdivision; 347.52; 347.55; 357.021, subdivisions 6, 
  2.54            7; 446A.085; 473.399, by adding a subdivision; 
  2.55            609.035, subdivision 2; 609.117; 609.487, subdivision 
  2.56            4; 609.495, subdivisions 1, 3; 609.521; 617.247, 
  2.57            subdivision 3, as amended; 626.52, by adding a 
  2.58            subdivision; 629.471, subdivision 2; Laws 1997, 
  2.59            chapter 159, article 2, section 4; Laws 1999, chapter 
  2.60            238, article 1, section 2, subdivision 7; Laws 2001, 
  2.61            chapter 161, section 58; proposing coding for new law 
  2.62            in Minnesota Statutes, chapters 161; 167; 168A; 169A; 
  2.63            174; 219; 299A; 299C; 347; 609; 626; repealing 
  2.64            Minnesota Statutes 2000, sections 174.22, subdivision 
  2.65            9; 243.166, subdivision 10; 347.51, subdivision 6; 
  2.66            626.55, subdivision 2. 
  2.67  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.68                             ARTICLE 1 
  3.1                  TRANSPORTATION AND OTHER AGENCIES 
  3.2                            APPROPRIATIONS 
  3.3   Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  3.4      The sums shown in the columns marked "APPROPRIATIONS" are 
  3.5   appropriated from the general fund, or another named fund, to 
  3.6   the agencies and for the purposes specified in this article, to 
  3.7   be available for the fiscal years indicated for each purpose.  
  3.8   The figures "2002" and "2003," where used in this article, mean 
  3.9   that the appropriations listed under them are available for the 
  3.10  year ending June 30, 2002, or June 30, 2003, respectively.  If 
  3.11  the figures are not used, the appropriations are available for 
  3.12  the year ending June 30, 2002, or June 30, 2003, respectively.  
  3.13  The term "first year" means the year ending June 30, 2002, and 
  3.14  the term "second year" means the year ending June 30, 2003. 
  3.15                          SUMMARY BY FUND
  3.16                          2002          2003           TOTAL
  3.17  General             $ ...,...,...   $...,...,...   $...,...,...
  3.18  Airports               ..,...,...     ..,...,...     ..,...,... 
  3.19  C.S.A.H.              ...,...,...    ...,...,...    ...,...,... 
  3.20  Highway User           ..,...,...     ..,...,...     ..,...,... 
  3.21  M.S.A.S.              ...,...,...    ...,...,...    ...,...,... 
  3.22  Special Revenue           ...,...        ...,...      .,...,... 
  3.23  Trunk 
  3.24  Highway             .,...,...,...  .,...,...,...  .,...,...,... 
  3.26  TOTAL              $.,...,...,... $.,...,...,... $.,...,...,...
  3.27                                             APPROPRIATIONS 
  3.28                                         Available for the Year 
  3.29                                             Ending June 30 
  3.30                                            2002         2003 
  3.31  Sec. 2.  TRANSPORTATION 
  3.32  Subdivision 1.  Total 
  3.33  appropriation                    $.,...,...,... $.,...,...,...
  3.35  The appropriations in this section are 
  3.36  from the trunk highway fund, except 
  3.37  when another fund is named. 
  3.38                Summary by Fund
  3.39  General             ..,...,...     ..,...,...
  3.40  Airports            ..,...,...     ..,...,...
  4.1   C.S.A.H.           ...,...,...    ...,...,...
  4.2   M.S.A.S.           ...,...,...    ...,...,...
  4.3   Trunk Highway    .,...,...,...  .,...,....,..
  4.4   Subd. 2.  Aeronautics                 ..,...,...     ..,...,...
  4.5                 Summary by Fund
  4.6   Airports            ..,...,...     ..,...,...
  4.7   General                 ..,...         ..,...
  4.8   Trunk Highway           ..,...         ..,...
  4.9   Except as otherwise provided, the 
  4.10  appropriations in this subdivision are 
  4.11  from the state airports fund. 
  4.12  The amounts that may be spent from this 
  4.13  appropriation for each activity are as 
  4.14  follows:  
  4.15  (a) Airport Development and Assistance 
  4.16      ..,...,...     ..,...,...
  4.17  These appropriations must be spent 
  4.18  according to Minnesota Statutes, 
  4.19  section 360.305, subdivision 4. 
  4.20  If the appropriation for either year is 
  4.21  insufficient, the appropriation for the 
  4.22  other year is available for it. 
  4.23  (b) Aviation Support 
  4.24       .,...,...      .,...,...
  4.25  (c) Air Transportation Services 
  4.26         ...,...        ...,... 
  4.27                Summary by Fund
  4.28  Airports                 ..,...         ..,...
  4.29  General                  ..,...         ..,...
  4.30  Trunk Highway            ..,...         ..,...
  4.31  Subd. 3.  Transit                    ..,...,...     ..,...,...
  4.32                Summary by Fund
  4.33  General              ..,...,...     ..,...,...
  4.34  Trunk Highway           ...,...        ...,...
  4.35  The amounts that may be spent from this 
  4.36  appropriation for each activity are as 
  4.37  follows:  
  4.38  (a) Greater Minnesota Transit
  4.39  Assistance 
  4.40      ..,...,...    ..,...,...
  4.41  This appropriation is from the general 
  4.42  fund.  Any unencumbered balance the 
  5.1   first year does not cancel but is 
  5.2   available for the second year.  
  5.3   (b) Transit Administration   
  5.4          .......       .......
  5.5                 Summary by Fund
  5.6   General                 ...,...       ...,...
  5.7   Trunk Highway           ...,...       ...,...
  5.8   Subd. 4.  Railroads and Waterways    .,...,...      .,...,...
  5.9                 Summary by Fund
  5.10  General                 ...,...       ...,...
  5.11  Trunk Highway         .,...,...     .,...,... 
  5.12  Subd. 5.  Motor Carrier Regulation   .,...,...      .,...,...
  5.13                Summary by Fund
  5.14  General                 ...,...       ...,...
  5.15  Trunk Highway         .,...,...     .,...,...
  5.16  Subd. 6.  Local Roads              ...,...,...    ...,...,...
  5.17                Summary by Fund
  5.18  C.S.A.H.            ...,...,...   ...,...,...
  5.19  M.S.A.S.            ...,...,...   ...,...,...
  5.20  The amounts that may be spent from this 
  5.21  appropriation for each activity are as 
  5.22  follows:  
  5.23  (a) County State Aids 
  5.24     ...,...,...    ...,...,...
  5.25  This appropriation is from the county 
  5.26  state-aid highway fund and is available 
  5.27  until spent.  
  5.28  (b) Municipal State Aids 
  5.29     ...,...,...    ...,...,...
  5.30  This appropriation is from the 
  5.31  municipal state-aid street fund and is 
  5.32  available until spent.  
  5.33  If an appropriation for either county 
  5.34  state aids or municipal state aids does 
  5.35  not exhaust the balance in the fund 
  5.36  from which it is made in the year for 
  5.37  which it is made, the commissioner of 
  5.38  finance, upon request of the 
  5.39  commissioner of transportation, shall 
  5.40  notify the chair of the transportation 
  5.41  finance committee of the house of 
  5.42  representatives and the chair of the 
  5.43  transportation budget division of the 
  5.44  senate of the amount of the remainder 
  5.45  and shall then add that amount to the 
  5.46  appropriation.  The amount added is 
  6.1   appropriated for the purposes of county 
  6.2   state aids or municipal state aids, as 
  6.3   appropriate.  
  6.4   Subd. 7.  State Roads                ...,...,...    ...,...,...
  6.5                 Summary by Fund
  6.6   General                  .,...          .,...
  6.7   Trunk Highway      ...,...,...    ...,...,...
  6.8   The amounts that may be spent from this 
  6.9   appropriation for each activity are as 
  6.10  follows:  
  6.11  (a) State Road Construction 
  6.12     ...,...,...    ...,...,...
  6.13  It is estimated that these 
  6.14  appropriations will be funded as 
  6.15  follows:  
  6.16  Federal Highway Aid 
  6.17     ...,...,...    ...,...,...
  6.18  Highway User Taxes 
  6.19     ...,...,...    ...,...,...
  6.20  The commissioner of transportation 
  6.21  shall notify the chair of the 
  6.22  transportation budget division of the 
  6.23  senate and chair of the transportation 
  6.24  finance committee of the house of 
  6.25  representatives quarterly of any events 
  6.26  that should cause these estimates to 
  6.27  change. 
  6.28  This appropriation is for the actual 
  6.29  construction, reconstruction, and 
  6.30  improvement of trunk highways.  This 
  6.31  includes the cost of actual payment to 
  6.32  landowners for lands acquired for 
  6.33  highway rights-of-way, payment to 
  6.34  lessees, interest subsidies, and 
  6.35  relocation expenses. 
  6.36  (b) Highway Debt Service 
  6.37      ..,...,...     ..,...,...
  6.38  If this appropriation is insufficient 
  6.39  to make all transfers required in the 
  6.40  year for which it is made, the 
  6.41  commissioner of finance shall notify 
  6.42  the committee on state government 
  6.43  finance of the senate and the committee 
  6.44  on ways and means of the house of 
  6.45  representatives of the amount of the 
  6.46  deficiency and shall then transfer that 
  6.47  amount under the statutory open 
  6.48  appropriation.  
  6.49  Any excess appropriation must be 
  6.50  canceled to the trunk highway fund. 
  6.51  (c) Research and Investment Management 
  7.1       ..,...,...     ..,...,...
  7.2   $100,000 in the first year is for a 
  7.3   study of the feasibility and 
  7.4   desirability of allowing all vehicles 
  7.5   to use lanes on marked interstate 
  7.6   highways No. 394 and No. 35W presently 
  7.7   restricted to high-occupancy vehicles 
  7.8   only.  The commissioner shall determine 
  7.9   a time during which such use shall be 
  7.10  allowed, and take all necessary steps 
  7.11  to permit such use for the period of 
  7.12  the study.  The commissioner shall 
  7.13  contract with an independent consultant 
  7.14  to study the effects of opening the 
  7.15  lanes to all vehicles on traffic flow, 
  7.16  traffic congestion, transit and 
  7.17  high-occupancy vehicle use, and highway 
  7.18  safety on interstate highways No. 394 
  7.19  and No. 35W and other affected 
  7.20  highways.  The commissioner shall 
  7.21  report to the legislature on the 
  7.22  results of the study by February 1, 
  7.23  2002.  The commissioner shall take no 
  7.24  actions with respect to this study that 
  7.25  would result in a loss of federal funds 
  7.26  to the state or significant delay to a 
  7.27  state or local transportation project 
  7.28  financed partly with federal funds. 
  7.29  (d) Central Engineering Services
  7.30      ..,...,...     ..,...,...
  7.31  (e) Design and Construction Engineering
  7.32      ..,...,...     ..,...,...
  7.33  (f) State Road Operations
  7.34     ...,...,...    ...,...,...
  7.35  (g) Electronic Communications
  7.36       .,...,...      .,...,...
  7.37                Summary by Fund
  7.38  General                   .,...         .,...
  7.39  Trunk Highway         .,...,...     .,...,...
  7.40  Subd. 8.  General Support             ..,...,...     ..,...,...
  7.41                Summary by Fund
  7.42  General                  ..,...        ..,...
  7.43  Airports                 ..,...        ..,... 
  7.44  Trunk Highway        ..,...,...    ..,...,...
  7.45  The amounts that may be spent from this 
  7.46  appropriation for each activity are as 
  7.47  follows:  
  7.48  (a) General Management       
  7.49      ..,...,...     ..,...,...
  7.50  (b) General Services
  8.1       ..,...,...     ..,...,...
  8.2                 Summary by Fund
  8.3   General                  ..,...        ..,...
  8.4   Airports                 ..,...        ..,... 
  8.5   Trunk Highway        ..,...,...    ..,...,... 
  8.6   If the appropriation for either year is 
  8.7   insufficient, the appropriation for the 
  8.8   other year is available for it.  
  8.9   Subd. 9.  Buildings                    .,...,...     -0-    
  8.10  This appropriation is available until 
  8.11  June 30, 2003. 
  8.12  Subd. 10.  Transfers
  8.13  (a) The commissioner of transportation 
  8.14  with the approval of the commissioner 
  8.15  of finance may transfer unencumbered 
  8.16  balances among the appropriations from 
  8.17  the trunk highway fund and the state 
  8.18  airports fund made in this section.  No 
  8.19  transfer may be made from the 
  8.20  appropriation for state road 
  8.21  construction.  No transfer may be made 
  8.22  from the appropriations for debt 
  8.23  service to any other appropriation.  
  8.24  Transfers under this paragraph may not 
  8.25  be made between funds.  Transfers must 
  8.26  be reported immediately to the chair of 
  8.27  the transportation budget division of 
  8.28  the senate and the chair of the 
  8.29  transportation finance committee of the 
  8.30  house of representatives.  
  8.31  (b) The commissioner of finance shall 
  8.32  transfer from the flexible account in 
  8.33  the county state-aid highway fund 
  8.34  $6,400,000 the first year and 
  8.35  $2,400,000 the second year to the 
  8.36  municipal turnback account in the 
  8.37  municipal state-aid street fund, and 
  8.38  the remainder in each year to the 
  8.39  county turnback account in the county 
  8.40  state-aid highway fund. 
  8.41  Subd. 11.  Use of State Road 
  8.42  Construction Appropriations 
  8.43  Any money appropriated to the 
  8.44  commissioner of transportation for 
  8.45  state road construction for any fiscal 
  8.46  year before fiscal year 2001 is 
  8.47  available to the commissioner during 
  8.48  fiscal years 2002 and 2003 to the 
  8.49  extent that the commissioner spends the 
  8.50  money on the state road construction 
  8.51  project for which the money was 
  8.52  originally encumbered during the fiscal 
  8.53  year for which it was appropriated. 
  8.54  The commissioner of transportation 
  8.55  shall report to the commissioner of 
  8.56  finance by August 1, 2001, and August 
  8.57  1, 2002, on a form the commissioner of 
  8.58  finance provides, on expenditures made 
  9.1   during the previous fiscal year that 
  9.2   are authorized by this subdivision. 
  9.3   Subd. 12.  Contingent Appropriation 
  9.4   The commissioner of transportation, 
  9.5   with the approval of the governor after 
  9.6   consultation with the legislative 
  9.7   advisory commission under Minnesota 
  9.8   Statutes, section 3.30, may transfer 
  9.9   all or part of the unappropriated 
  9.10  balance in the trunk highway fund to an 
  9.11  appropriation (1) for trunk highway 
  9.12  design, construction, or inspection in 
  9.13  order to take advantage of an 
  9.14  unanticipated receipt of income to the 
  9.15  trunk highway fund, (2) for trunk 
  9.16  highway maintenance in order to meet an 
  9.17  emergency, or (3) to pay tort or 
  9.18  environmental claims.  The amount 
  9.19  transferred is appropriated for the 
  9.20  purpose of the account to which it is 
  9.21  transferred. 
  9.22  Sec. 3.  METROPOLITAN COUNCIL  
  9.23  TRANSIT                               ..,...,...     ..,...,...
  9.25   Transit Operations                    ..,...,...     ..,...,...
  9.26  Sec. 4.  PUBLIC SAFETY
  9.27  Subdivision 1.  Total       
  9.28  Appropriation                        ...,...,...    ...,...,... 
  9.30                Summary by Fund
  9.31  General              ..,...,...     ..,...,...
  9.32  Trunk
  9.33  Highway              ..,...,...     ..,...,...
  9.34  Highway User         ..,...,...     ..,...,...
  9.35  Special 
  9.36  Revenue                 ...,...        ...,...
  9.37  Subd. 2.  Administration 
  9.38  and Related Services                  ..,...,...     ..,...,...
  9.39                Summary by Fund
  9.40  General               .,...,...      .,...,...
  9.41  Trunk Highway         .,...,...      .,...,...
  9.42  Highway User          .,...,...      .,...,...
  9.43  (a) Office of Communications
  9.44         ...,...        ...,...
  9.45                Summary by Fund
  9.46  General                  ..,...        ..,...
  9.47  Trunk Highway           ...,...       ...,...
  9.48  (b) Public Safety Support
 10.1        .,...,...      .,...,...
 10.2                 Summary by Fund
 10.3   General               .,...,...      .,...,...
 10.4   Trunk Highway         .,...,...      .,...,...
 10.5   Highway User          .,...,...      .,...,...
 10.6   (c) Technical Support Services
 10.7        .,...,...       .,...,...
 10.8                 Summary by Fund
 10.9   General               .,...,...      .,...,...
 10.10  Trunk Highway         .,...,...      .,...,...
 10.11  Highway User             ..,...         ..,...
 10.12  Subd. 3.  State Patrol                ..,...,...     ..,...,...
 10.13                Summary by Fund
 10.14  General               .,...,...      .,...,...
 10.15  Trunk Highway        ..,...,...     ..,...,...
 10.16  Highway User             ..,...         ..,...
 10.17  (a) Patrolling Highways
 10.18       ..,...,...     ..,...,...
 10.19                Summary by Fund
 10.20  General                  ..,...        ..,...
 10.21  Trunk Highway        ..,...,...    ..,...,...
 10.22  Highway User             ..,...        ..,...
 10.23  (b) Commercial Vehicle Enforcement
 10.24       .,...,...      .,...,...
 10.25  This appropriation is from the trunk 
 10.26  highway fund. 
 10.27  (c) Capitol Security
 10.28       .,...,...      .,...,...
 10.29  Subd. 4.  Driver and
 10.30  Vehicle Services                      ..,...,...     ..,...,...
 10.31                Summary by Fund
 10.32  General               .,...,...      .,...,...
 10.33  Trunk Highway        ..,...,...     ..,...,... 
 10.34  Highway User          .,...,...      .,...,... 
 10.35  (a) Vehicle Registration 
 10.36  and Title
 10.37      ..,...,...     ..,...,...
 11.1                 Summary by Fund
 11.2   General               .,...,...     .,...,...
 11.3   Highway User          .,...,...     .,...,...
 11.4   (b) Licensing Drivers 
 11.5       ..,...,...     ..,...,...
 11.6                 Summary by Fund
 11.7   General                  ..,...        ..,...
 11.8   Trunk Highway        ..,...,...    ..,...,...
 11.9   Subd. 5.  Traffic Safety                 ...,...        ...,...
 11.10  This appropriation is from the trunk 
 11.11  highway fund. 
 11.12  Subd. 6.  Pipeline Safety                ...,...        ...,...
 11.13  This appropriation is from the pipeline 
 11.14  safety account in the special revenue 
 11.15  fund. 
 11.16  Sec. 6.  FINANCE                       .,...,...         -0-  
 11.17  Sec. 7.  GENERAL CONTINGENT 
 11.18  ACCOUNTS                                 ...,...       ...,...
 11.19                Summary by Fund
 11.20  Trunk Highway           ...,...       ...,...
 11.21  Highway User            ...,...       ...,...
 11.22  Airports                 ..,...        ..,...
 11.23  The appropriations in this section may 
 11.24  only be spent with the approval of the 
 11.25  governor after consultation with the 
 11.26  legislative advisory commission 
 11.27  pursuant to Minnesota Statutes, section 
 11.28  3.30. 
 11.29  If an appropriation in this section for 
 11.30  either year is insufficient, the 
 11.31  appropriation for the other year is 
 11.32  available for it.  
 11.33  Sec. 8.  TORT CLAIMS                     ...,...       ...,...
 11.34  To be spent by the commissioner of 
 11.35  finance.  
 11.36  This appropriation is from the trunk 
 11.37  highway fund. 
 11.38  If the appropriation for either year is 
 11.39  insufficient, the appropriation for the 
 11.40  other year is available for it. 
 11.41     Sec. 9.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
 11.42  CONSTRUCTION BUDGET.] 
 11.43     The commissioner of transportation shall reduce the 
 11.44  construction budget of the department of transportation 
 12.1   construction district 1 by $35,000,000 over the period from 
 12.2   fiscal year 2003 through fiscal year 2007, in order to repay the 
 12.3   advance of highway construction funds in fiscal years 2001 and 
 12.4   2002.  The reduction in each year of the period must equal the 
 12.5   cost of trunk highway construction projects that were originally 
 12.6   scheduled to be constructed during that year that were 
 12.7   constructed in fiscal year 2001 or 2002 instead. 
 12.8      Sec. 10.  Laws 1999, chapter 238, article 1, section 2, 
 12.9   subdivision 7, is amended to read: 
 12.10  Subd. 7.  State Roads                912,625,000    923,769,000
 12.11                Summary by Fund
 12.12  General                 59,000          9,000
 12.13  Trunk Highway      912,566,000    923,760,000
 12.14  The amounts that may be spent from this 
 12.15  appropriation for each activity are as 
 12.16  follows:  
 12.17  (a) State Road Construction 
 12.18     516,684,000    521,707,000
 12.19  It is estimated that these 
 12.20  appropriations will be funded as 
 12.21  follows:  
 12.22  Federal Highway Aid 
 12.23     275,000,000    275,000,000
 12.24  Highway User Taxes 
 12.25     241,684,000    246,707,000
 12.26  The commissioner of transportation 
 12.27  shall notify the chair of the 
 12.28  transportation budget division of the 
 12.29  senate and chair of the transportation 
 12.30  finance committee of the house of 
 12.31  representatives quarterly of any events 
 12.32  that should cause these estimates to 
 12.33  change. 
 12.34  This appropriation is for the actual 
 12.35  construction, reconstruction, and 
 12.36  improvement of trunk highways.  This 
 12.37  includes the cost of actual payment to 
 12.38  landowners for lands acquired for 
 12.39  highway rights-of-way, payment to 
 12.40  lessees, interest subsidies, and 
 12.41  relocation expenses. 
 12.42  The commissioner may transfer up to 
 12.43  $15,000,000 each year to the trunk 
 12.44  highway revolving loan account. 
 12.45  The commissioner may receive money 
 12.46  covering other shares of the cost of 
 12.47  partnership projects.  These receipts 
 13.1   are appropriated to the commissioner 
 13.2   for these projects. 
 13.3   (b) Highway Debt Service 
 13.4       13,949,000     13,175,000
 13.5   $3,949,000 the first year and 
 13.6   $3,175,000 the second year are for 
 13.7   transfer to the state bond fund. 
 13.8   If this appropriation is insufficient 
 13.9   to make all transfers required in the 
 13.10  year for which it is made, the 
 13.11  commissioner of finance shall notify 
 13.12  the committee on state government 
 13.13  finance of the senate and the committee 
 13.14  on ways and means of the house of 
 13.15  representatives of the amount of the 
 13.16  deficiency and shall then transfer that 
 13.17  amount under the statutory open 
 13.18  appropriation.  
 13.19  Any excess appropriation must be 
 13.20  canceled to the trunk highway fund. 
 13.21  (c) Research and Investment Management 
 13.22      12,450,000     12,597,000
 13.23  $600,000 the first year and $600,000 
 13.24  the second year are available for 
 13.25  grants for transportation studies 
 13.26  outside the metropolitan area to 
 13.27  identify critical concerns, problems, 
 13.28  and issues.  These grants are available 
 13.29  to (1) regional development 
 13.30  commissions, and (2) in regions where 
 13.31  no regional development commission is 
 13.32  functioning, joint powers boards 
 13.33  established under agreement of two or 
 13.34  more political subdivisions in the 
 13.35  region to exercise the planning 
 13.36  functions of a regional development 
 13.37  commission, and (3) in regions where no 
 13.38  regional development commission or 
 13.39  joint powers board is functioning, the 
 13.40  department's district office for that 
 13.41  region. 
 13.42  $216,000 the first year and $216,000 
 13.43  the second year are available for 
 13.44  grants to metropolitan planning 
 13.45  organizations outside the seven-county 
 13.46  metropolitan area. 
 13.47  $75,000 the first year and $25,000 the 
 13.48  second year are for transportation 
 13.49  planning relating to the 2000 census.  
 13.50  This appropriation may not be added to 
 13.51  the agency's budget base. 
 13.52  $75,000 the first year and $75,000 the 
 13.53  second year are for a transportation 
 13.54  research contingent account to finance 
 13.55  research projects that are reimbursable 
 13.56  from the federal government or from 
 13.57  other sources.  If the appropriation 
 13.58  for either year is insufficient, the 
 13.59  appropriation for the other year is 
 13.60  available for it. 
 14.1   (d) Central Engineering Services
 14.2       68,563,000     70,940,000
 14.3   (e) Design and Construction Engineering
 14.4       80,592,000     83,246,000
 14.5   $1,000,000 the first year and $500,000 
 14.6   the second year are for transportation 
 14.7   planning relating to the 2000 census.  
 14.8   This appropriation may not be added to 
 14.9   the agency's budget base. 
 14.10  (f) State Road Operations
 14.11     214,703,000    216,561,000 
 14.12  $1,000,000 each year are for 
 14.13  enhancements to the freeway operations 
 14.14  program in the metropolitan area. 
 14.15  $1,000,000 the first year and 
 14.16  $1,000,000 the second year are for 
 14.17  maintenance services including rest 
 14.18  area maintenance, vehicle insurance, 
 14.19  ditch assessments, and tort claims. 
 14.20  $3,000,000 the first year and 
 14.21  $1,000,000 the second year are for 
 14.22  improved highway striping. 
 14.23  $500,000 the first year and $500,000 
 14.24  the second year are for safety 
 14.25  technology applications. 
 14.26  $150,000 the first year and $150,000 
 14.27  the second year are for statewide asset 
 14.28  preservation and repair. 
 14.29  $750,000 the first year and $750,000 
 14.30  the second year are for the 
 14.31  implementation of the transportation 
 14.32  worker concept. 
 14.33  The commissioner shall establish a task 
 14.34  force to study seasonal road 
 14.35  restrictions and report to the 
 14.36  legislature its findings and any 
 14.37  recommendations for legislative 
 14.38  action.  The commissioner shall appoint 
 14.39  members representing: 
 14.40  (1) aggregate and ready-mix producers; 
 14.41  (2) solid waste haulers; 
 14.42  (3) liquid waste haulers; 
 14.43  (4) the logging industry; 
 14.44  (5) the construction industry; and 
 14.45  (6) agricultural interests. 
 14.46  The task force shall report to the 
 14.47  legislature by February 1, 2000, on its 
 14.48  findings and recommendations. 
 14.49  (g) Electronic Communications
 15.1        5,684,000      5,543,000
 15.2                 Summary by Fund
 15.3   General                  59,000         9,000
 15.4   Trunk Highway         5,625,000     5,534,000
 15.5   $9,000 the first year and $9,000 the 
 15.6   second year are from the general fund 
 15.7   for equipment and operation of the 
 15.8   Roosevelt signal tower for Lake of the 
 15.9   Woods weather broadcasting. 
 15.10  $50,000 the first year from the general 
 15.11  fund is for purchase of equipment for 
 15.12  the 800 MHz public safety radio system. 
 15.13  $200,000 the first year is from the 
 15.14  trunk highway fund for costs resulting 
 15.15  from the termination of agreements made 
 15.16  under article 2, sections 31 and 89, 
 15.17  and Minnesota Statutes, section 174.70, 
 15.18  subdivision 2.  This appropriation does 
 15.19  not cancel but is available until spent.
 15.20  In each year of the biennium the 
 15.21  commissioner shall request the 
 15.22  commissioner of administration to 
 15.23  request bids for the purchase of 
 15.24  digital mobile and portable radios to 
 15.25  be used on the metropolitan regional 
 15.26  public safety radio communications 
 15.27  system. 
 15.28     [EFFECTIVE DATE.] This section is effective the day 
 15.29  following final enactment. 
 15.30                             ARTICLE 2
 15.31                       TRANSPORTATION POLICY
 15.32     Section 1.  Laws 2001, chapter 161, section 58, is amended 
 15.33  to read: 
 15.34     Sec. 58.  [REPEALER.] 
 15.35     Minnesota Statutes 2000, sections 15.059, subdivision 5a, 
 15.36  as amended by Laws 2001, chapter 7, section 7; 17.49, 
 15.37  subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061; 
 15.38  60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a; 
 15.39  124D.894; 124D.95, subdivision 6; 134.31, subdivision 5; 
 15.40  137.342, subdivision 2; 144A.31; 162.09, subdivision 2; 
 15.41  256B.071, subdivision 5; 256B.0911, subdivision 8; 256B.434, 
 15.42  subdivision 13; 299A.295, subdivision 2; and 299K.03, 
 15.43  subdivision 4, are repealed. 
 15.44     [EFFECTIVE DATE.] This section is effective the day 
 15.45  following final enactment. 
 16.1      Sec. 2.  Minnesota Statutes 2000, section 16A.641, 
 16.2   subdivision 8, is amended to read: 
 16.3      Subd. 8.  [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 
 16.4   bonds issued under each law are appropriated for the purposes 
 16.5   described in the law and in this subdivision.  This 
 16.6   appropriation may never be canceled.  
 16.7      (b) Before the proceeds are received in the proper special 
 16.8   fund, the commissioner may transfer to that fund from the 
 16.9   general fund amounts not exceeding the expected proceeds from 
 16.10  the next bond sale.  The commissioner shall return these amounts 
 16.11  to the general fund by transferring proceeds when received.  The 
 16.12  amounts of these transfers are appropriated from the general 
 16.13  fund and from the bond proceeds.  
 16.14     (c) Actual and necessary travel and subsistence expenses of 
 16.15  employees and all other nonsalary expenses incidental to the 
 16.16  sale, printing, execution, and delivery of bonds must be paid 
 16.17  from the proceeds.  The proceeds are appropriated for this 
 16.18  purpose.  Bond proceeds must not be used to pay any part of the 
 16.19  salary of a state employee involved in the sale, printing, 
 16.20  execution, or delivery of the bonds. 
 16.21     (d) Bond proceeds remaining in a special fund after the 
 16.22  purposes for which the bonds were issued are accomplished or 
 16.23  abandoned, as certified by the head of the agency administering 
 16.24  the special fund, or as determined by the commissioner, unless 
 16.25  devoted under the appropriation act to another purpose 
 16.26  designated in the act, shall must be transferred to the state 
 16.27  bond fund. 
 16.28     (e) Before the proceeds of state highway bonds are received 
 16.29  in the trunk highway fund, the commissioner may either: 
 16.30     (1) transfer funds to the trunk highway fund from the 
 16.31  general fund; or 
 16.32     (2) authorize the use of funds in the trunk highway fund, 
 16.33  in an amount not exceeding the expected proceeds from the next 
 16.34  state highway bond sale. 
 16.35  These funds must be used in accordance with the legislative 
 16.36  authorization to sell state highway bonds.  The commissioner 
 17.1   shall return these funds to the general fund or replace the 
 17.2   funds used from the trunk highway fund by transferring proceeds 
 17.3   when received.  The amounts of these transfers are appropriated 
 17.4   from the general fund and from the state highway bond proceeds. 
 17.5      Sec. 3.  Minnesota Statutes 2000, section 16B.54, 
 17.6   subdivision 2, is amended to read: 
 17.7      Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
 17.8   APPROPRIATION.] The commissioner may direct an agency to make a 
 17.9   transfer of a passenger motor vehicle or truck currently 
 17.10  assigned to it.  The transfer must be made to the commissioner 
 17.11  for use in the central motor pool.  The commissioner shall 
 17.12  reimburse an agency whose motor vehicles have been paid for with 
 17.13  funds dedicated by the constitution for a special purpose and 
 17.14  which are assigned to the central motor pool.  The amount of 
 17.15  reimbursement for a motor vehicle is its average wholesale price 
 17.16  as determined from the midwest edition of the National 
 17.17  Automobile Dealers Association official used car guide. 
 17.18     (b)  [PURCHASE.] To the extent that funds are available for 
 17.19  the purpose, the commissioner may purchase or otherwise acquire 
 17.20  additional passenger motor vehicles and trucks necessary for the 
 17.21  central motor pool.  The title to all motor vehicles assigned to 
 17.22  or purchased or acquired for the central motor pool is in the 
 17.23  name of the department of administration.  
 17.24     (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
 17.25  agency, the commissioner may transfer to the central motor pool 
 17.26  any passenger motor vehicle or truck for the purpose of 
 17.27  disposing of it.  The department or agency transferring the 
 17.28  vehicle or truck must be paid for it from the motor pool 
 17.29  revolving account established by this section in an amount equal 
 17.30  to two-thirds of the average wholesale price of the vehicle or 
 17.31  truck as determined from the midwest edition of the National 
 17.32  Automobile Dealers Association official used car guide. 
 17.33     (d)  [VEHICLES; MARKING.] The commissioner shall provide 
 17.34  for the uniform marking of all motor vehicles.  Motor vehicle 
 17.35  colors must be selected from the regular color chart provided by 
 17.36  the manufacturer each year.  The commissioner may further 
 18.1   provide for the use of motor vehicles without marking by: 
 18.2      (1) the governor; 
 18.3      (2) the lieutenant governor; 
 18.4      (3) the division of criminal apprehension, the division of 
 18.5   alcohol and gambling enforcement, and arson investigators of the 
 18.6   division of fire marshal in the department of public safety; 
 18.7      (4) the financial institutions division of the department 
 18.8   of commerce; 
 18.9      (5) the division of disease prevention and control of the 
 18.10  department of health; 
 18.11     (6) the state lottery; 
 18.12     (7) criminal investigators of the department of revenue; 
 18.13     (8) state-owned community service facilities in the 
 18.14  department of human services; 
 18.15     (9) the investigative staff of the department of economic 
 18.16  security; and 
 18.17     (10) the office of the attorney general; and 
 18.18     (11) the investigative staff of the gambling control board. 
 18.19     Sec. 4.  Minnesota Statutes 2000, section 16C.05, 
 18.20  subdivision 2, is amended to read: 
 18.21     Subd. 2.  [CREATION AND VALIDITY OF CONTRACTS.] (a) A 
 18.22  contract is not valid and the state is not bound by it unless: 
 18.23     (1) it has first been executed by the head of the agency or 
 18.24  a delegate who is a party to the contract; 
 18.25     (2) it has been approved by the commissioner; 
 18.26     (3) it has been approved by the attorney general or a 
 18.27  delegate as to form and execution; 
 18.28     (4) the accounting system shows an obligation in an expense 
 18.29  budget or encumbrance for the amount of the contract liability; 
 18.30  and 
 18.31     (5) the combined contract and amendments shall not exceed 
 18.32  five years without specific, written approval by the 
 18.33  commissioner according to established policy, procedures, and 
 18.34  standards, or unless otherwise provided for by law.  The term of 
 18.35  the original contract must not exceed two years unless the 
 18.36  commissioner determines that a longer duration is in the best 
 19.1   interest of the state.  
 19.2      (b) Grants, interagency agreements, purchase orders, and 
 19.3   annual plans need not, in the discretion of the commissioner and 
 19.4   attorney general, require the signature of the commissioner 
 19.5   and/or the attorney general.  A signature is not required for 
 19.6   work orders and amendments to work orders related to department 
 19.7   of transportation contracts.  Bond purchase agreements by the 
 19.8   Minnesota public facilities authority do not require the 
 19.9   approval of the commissioner.  
 19.10     (c) A fully executed copy of every contract must be kept on 
 19.11  file at the contracting agency. 
 19.12     Sec. 5.  Minnesota Statutes 2000, section 161.082, 
 19.13  subdivision 2a, is amended to read: 
 19.14     Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
 19.15  (a) Money in the town bridge account must be expended on town 
 19.16  road bridge structures that are ten feet or more in length and 
 19.17  on town road culverts that replace existing town road bridges.  
 19.18  In addition, if the present bridge structure is less than ten 
 19.19  feet in length but a hydrological survey indicates that the 
 19.20  replacement bridge structure or culvert must be ten feet or more 
 19.21  in length, then the bridge or culvert is eligible for 
 19.22  replacement funds. 
 19.23     (b) In addition, if a culvert that replaces a deficient 
 19.24  bridge is in a county comprehensive water plan approved by the 
 19.25  board of water and soil resources and the department of natural 
 19.26  resources, the costs of the culvert and roadway grading other 
 19.27  than surfacing are eligible for replacement funds up to the cost 
 19.28  of constructing a replacement bridge. 
 19.29     (c) The expenditures on a bridge structure or culvert may 
 19.30  be paid from the county turnback account and may be for 100 
 19.31  percent of the cost of the replacement structure or culvert or 
 19.32  for 100 percent of the cost of rehabilitating the existing 
 19.33  structure. 
 19.34     (d) The town bridge account may be used to pay the costs to 
 19.35  abandon an existing bridge that is deficient and in need of 
 19.36  replacement, but where no replacement will be made.  It may also 
 20.1   be used to pay the costs to construct a road or street to 
 20.2   facilitate the abandonment of an existing bridge determined by 
 20.3   the commissioner to be deficient, if the commissioner determines 
 20.4   that construction of the road or street is more cost efficient 
 20.5   than replacing the existing bridge. 
 20.6      (e) When bridge approach construction work exceeds $10,000 
 20.7   in costs, or when the county engineer determines that the cost 
 20.8   of the replacement culverts alone will not exceed $20,000, or 
 20.9   engineering costs exceed $10,000, the town shall be eligible for 
 20.10  financial assistance from the town bridge account.  Financial 
 20.11  assistance shall be requested by resolution of the county board 
 20.12  and shall be limited to: 
 20.13     (1) 100 percent of the cost of the bridge approach work 
 20.14  that is in excess of $10,000; or 
 20.15     (2) 100 percent of the cost of the replacement culverts 
 20.16  when the cost does not exceed $20,000 and the town board agrees 
 20.17  to be responsible for all the other costs, which may include 
 20.18  costs for structural removal, installation, and permitting.  The 
 20.19  replacement structure design and costs shall be approved and 
 20.20  certified by the county engineer, but need not be subsequently 
 20.21  approved by the department of transportation; or 
 20.22     (3) 100 percent of all related engineering costs that 
 20.23  exceed $10,000, or in the case of towns with a net tax capacity 
 20.24  of less than $200,000, 100 percent of the engineering costs. 
 20.25     (f) Money in the town road account must be distributed as 
 20.26  provided in section 162.081. 
 20.27     Sec. 6.  Minnesota Statutes 2000, section 161.14, is 
 20.28  amended by adding a subdivision to read: 
 20.29     Subd. 48.  [KING OF TRAILS.] (a) The following described 
 20.30  route, signed as trunk highway No. 75 on the effective date of 
 20.31  this subdivision, is designated the "King of Trails":  
 20.32  Constitutional Route No. 6 from its intersection with the 
 20.33  Minnesota-Canada border southerly to its intersection with 
 20.34  Legislative Route No. 175 at or near the city of Crookston, then 
 20.35  Legislative Route No. 175 southwesterly and southerly to its 
 20.36  intersection with Constitutional Route No. 6 between the cities 
 21.1   of Halstad and Hendrum, then Constitutional Route No. 6 
 21.2   southerly to its intersection with the Minnesota-Iowa border.  
 21.3      (b) The commissioner shall adopt a suitable marking design 
 21.4   to mark the highway and erect appropriate signs, subject to 
 21.5   section 161.139. 
 21.6      Sec. 7.  Minnesota Statutes 2000, section 161.23, 
 21.7   subdivision 3, is amended to read: 
 21.8      Subd. 3.  [LEASING.] The commissioner may lease for the 
 21.9   term between the acquisition and sale thereof and for a fair 
 21.10  rental rate and upon such terms and conditions as the 
 21.11  commissioner deems proper, any excess real estate acquired under 
 21.12  the provisions of this section, and any real estate acquired in 
 21.13  fee for trunk highway purposes and not presently needed therefor 
 21.14  for those purposes.  All rents received from the leases 
 21.15  shall must be paid into the state treasury.  Seventy percent of 
 21.16  the rents shall must be credited to the trunk highway fund.  The 
 21.17  remaining 30 percent shall must be paid to the county treasurer 
 21.18  where the real estate is located, and shall be distributed in 
 21.19  the same manner as real estate taxes.  This subdivision does not 
 21.20  apply to real estate leased for the purpose of providing 
 21.21  commercial and public service advertising pursuant to franchise 
 21.22  agreements as provided in sections 160.276 to 160.278 or to fees 
 21.23  collected under section 174.70, subdivision 2. 
 21.24     [EFFECTIVE DATE.] This section is effective the day 
 21.25  following final enactment. 
 21.26     Sec. 8.  Minnesota Statutes 2000, section 161.32, 
 21.27  subdivision 1, is amended to read: 
 21.28     Subdivision 1.  [ADVERTISEMENT FOR BIDS.] The commissioner 
 21.29  may conduct the work or any part thereof of the work incidental 
 21.30  to the construction and maintenance of the trunk highways by 
 21.31  labor employed therefor to do the work or by contract.  In cases 
 21.32  of construction work, the commissioner shall first advertise for 
 21.33  bids for contracts, and if no satisfactory bids are received, 
 21.34  may either reject all bids and readvertise, or do the work by 
 21.35  labor employed therefor to do the work.  Except as hereinafter 
 21.36  provided in subdivision 3 or 4, when work is to be done under 
 22.1   contract, the commissioner shall advertise for bids once each 
 22.2   week for three successive weeks prior to the date such the bids 
 22.3   are to be received.  The advertisement for bids shall must be 
 22.4   published in a newspaper or other periodical of general 
 22.5   circulation in the state and may be placed on the Internet.  The 
 22.6   plans and specifications for the proposed work shall must be on 
 22.7   file in the commissioner's office prior to the first call for 
 22.8   bids. 
 22.9      [EFFECTIVE DATE.] This section is effective the day 
 22.10  following final enactment. 
 22.11     Sec. 9.  Minnesota Statutes 2000, section 161.32, 
 22.12  subdivision 1a, is amended to read: 
 22.13     Subd. 1a.  [STANDARD SPECIFICATIONS, SECURITY.] Contracts 
 22.14  under this section must be based on specifications prescribed by 
 22.15  the commissioner.  Each bidder for a contract must shall furnish 
 22.16  security approved by the commissioner to ensure completion of 
 22.17  the contract.  The commissioner may require that bid, 
 22.18  performance or payment bonds, or other security be furnished 
 22.19  electronically.  
 22.20     [EFFECTIVE DATE.] This section is effective the day 
 22.21  following final enactment. 
 22.22     Sec. 10.  Minnesota Statutes 2000, section 161.32, 
 22.23  subdivision 1b, is amended to read: 
 22.24     Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
 22.25  bids electronically in a form and manner required by the 
 22.26  commissioner.  Trunk highway construction contracts, including 
 22.27  design-build contracts, must be awarded to the lowest 
 22.28  responsible bidder, taking into consideration conformity with 
 22.29  the specifications, the purpose for which the contract or 
 22.30  purchase is intended, the status and capability of the vendor, 
 22.31  and other considerations imposed in the call for bids.  The 
 22.32  commissioner may decide which is the lowest responsible bidder 
 22.33  for all contracts and may use the principles of life-cycle 
 22.34  costing, where when appropriate, in determining the lowest 
 22.35  overall bid.  Any or all bids may be rejected.  In a case 
 22.36  where When competitive bids are required and where all bids are 
 23.1   rejected, new bids, if solicited, must be called for as in the 
 23.2   first instance, unless otherwise provided by law. 
 23.3      [EFFECTIVE DATE.] This section is effective the day 
 23.4   following final enactment. 
 23.5      Sec. 11.  Minnesota Statutes 2000, section 161.32, 
 23.6   subdivision 1e, is amended to read: 
 23.7      Subd. 1e.  [RECORD.] A record must be kept of all bids, 
 23.8   including names of bidders, amounts of bids, and each successful 
 23.9   bid.  After the contract is awarded, this record is open to 
 23.10  public inspection and may be posted on the Internet. 
 23.11     [EFFECTIVE DATE.] This section is effective the day 
 23.12  following final enactment. 
 23.13     Sec. 12.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
 23.14  CORRIDOR DEVELOPMENT.] 
 23.15     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
 23.16  the commissioner, a road authority other than the commissioner 
 23.17  or two or more road authorities that have entered into a joint 
 23.18  powers agreement under section 471.59 may make advances from any 
 23.19  available funds to the commissioner to expedite development of 
 23.20  an interregional transportation corridor, including funds for 
 23.21  design consultants, for right-of-way purchases, for 
 23.22  construction, or for other related expenditures. 
 23.23     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
 23.24  money, the commissioner shall repay the amount advanced under 
 23.25  this section, up to the state's share of costs, under terms of 
 23.26  the agreement.  The agreement may provide for payment of 
 23.27  interest on the amount of advanced funds.  The maximum interest 
 23.28  rate that may be paid is the rate earned by the state on 
 23.29  invested treasurer's cash for the month before the date the 
 23.30  agreement is executed or the actual interest paid by the road 
 23.31  authority in borrowing for the amount advanced, whichever rate 
 23.32  is less.  The total amount of annual repayment to road 
 23.33  authorities under this section and section 161.361 must never 
 23.34  exceed the amount stated in the department's debt management 
 23.35  policy or $10,000,000, whichever is less. 
 23.36     [EFFECTIVE DATE.] This section is effective the day 
 24.1   following final enactment. 
 24.2      Sec. 13.  Minnesota Statutes 2000, section 162.06, 
 24.3   subdivision 3, is amended to read: 
 24.4      Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
 24.5   administrative costs as provided in subdivision 2, the 
 24.6   commissioner shall set aside each year a sum of money equal to 
 24.7   one percent of the remaining money in the county state-aid 
 24.8   highway fund to provide for a disaster account; provided that 
 24.9   the total amount of money in the disaster account shall must 
 24.10  never exceed one two percent of the total sums to be apportioned 
 24.11  to the counties.  This sum shall must be used to provide aid to 
 24.12  any county encountering disasters or unforeseen events affecting 
 24.13  its county state-aid highway system, and resulting in an undue 
 24.14  and burdensome financial hardship.  
 24.15     (b) Any county desiring aid by reason of such disaster or 
 24.16  unforeseen event shall request the aid in the form required by 
 24.17  the commissioner.  Upon receipt of the request, the commissioner 
 24.18  shall appoint a board consisting of two representatives of the 
 24.19  counties, who must be either a county engineer or member of a 
 24.20  county board, from counties other than the requesting county, 
 24.21  and a representative of the commissioner.  The board shall 
 24.22  investigate the matter and report its findings and 
 24.23  recommendations in writing to the commissioner.  
 24.24     (c) Final determination of the amount of aid, if any, to be 
 24.25  paid to the county from the disaster account shall must be made 
 24.26  by the commissioner.  Upon determining to aid any such a 
 24.27  requesting county, the commissioner shall certify to the 
 24.28  commissioner of finance the amount of the aid, and the 
 24.29  commissioner of finance shall thereupon then issue a warrant in 
 24.30  that amount payable to the county treasurer of the county.  
 24.31  Money so paid shall must be expended on the county state-aid 
 24.32  highway system in accordance with the rules of the commissioner. 
 24.33     Sec. 14.  Minnesota Statutes 2000, section 162.12, 
 24.34  subdivision 3, is amended to read: 
 24.35     Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
 24.36  administrative costs as provided in subdivision 2, the 
 25.1   commissioner shall set aside each year a sum of money equal to 
 25.2   two percent of the remaining money in the municipal state-aid 
 25.3   street fund to provide for a disaster account; provided, that 
 25.4   the total amount of money in the disaster account shall must 
 25.5   never exceed five three percent of the total sums to be 
 25.6   apportioned to the statutory and home rule charter cities having 
 25.7   a population of 5,000 or more.  The disaster account shall must 
 25.8   be used to provide aid to any such city encountering disaster or 
 25.9   unforeseen event affecting the municipal state-aid street system 
 25.10  of the city, and resulting in an undue and burdensome financial 
 25.11  hardship. 
 25.12     (b) Any such city desiring aid by reason of such disaster 
 25.13  or unforeseen event shall request aid in the form required by 
 25.14  the commissioner. Upon receipt of the request the commissioner 
 25.15  shall appoint a board consisting of two representatives of the 
 25.16  cities, who must be either a city engineer or member of the 
 25.17  governing body of a city, from cities other than the requesting 
 25.18  city, and a representative of the commissioner.  The board shall 
 25.19  investigate the matter and report its findings and 
 25.20  recommendations in writing to the commissioner.  
 25.21     (c) Final determination of the amount of aid, if any, to be 
 25.22  paid to the city from the disaster account shall must be made by 
 25.23  the commissioner.  Upon determining to aid the city, the 
 25.24  commissioner shall certify to the commissioner of finance the 
 25.25  amount of aid, and the commissioner of finance shall 
 25.26  thereupon then issue a warrant in that amount payable to the 
 25.27  fiscal officer of the city.  Money so paid shall must be 
 25.28  expended on the municipal state-aid street system in accordance 
 25.29  with rules of the commissioner. 
 25.30     Sec. 15.  [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 
 25.31  PROCEEDS.] 
 25.32     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 25.33  subdivision apply to this section. 
 25.34     (b) "State trunk highway bond-financed property" means 
 25.35  property acquired, improved, or maintained in whole or in part 
 25.36  with the proceeds of state trunk highway bonds authorized to be 
 26.1   issued under the Minnesota Constitution, article XIV, section 11.
 26.2      (c) "Outstanding state trunk highway bonds" means the 
 26.3   dollar amount of state trunk highway bonds, including any 
 26.4   refunding state trunk highway bonds, issued with respect to 
 26.5   state trunk highway bond-financed property, less the principal 
 26.6   amount of state trunk highway bonds paid or defeased. 
 26.7      Subd. 2.  [LEASES.] (a) State trunk highway bond-financed 
 26.8   property may only be leased (1) for those purposes authorized by 
 26.9   law, (2) in accordance with the requirements of all other laws 
 26.10  and duly adopted rules applicable thereto, and orders, if any, 
 26.11  of the commissioner of finance intended to ensure the legality 
 26.12  and tax-exempt status of outstanding state trunk highway bonds, 
 26.13  and (3) with the approval of the commissioner of finance.  A 
 26.14  lease of state trunk highway bond-financed property, including 
 26.15  any renewals that are solely at the option of the lessee, must 
 26.16  be for a term substantially less than the useful life of the 
 26.17  state trunk highway bond-financed property, but may allow 
 26.18  renewal beyond that term upon a determination by the 
 26.19  commissioner of transportation that the use continues to be 
 26.20  authorized by law and that the additional term is authorized by 
 26.21  law.  A lease of state trunk highway bond-financed property must 
 26.22  be terminable by the commissioner of transportation if the other 
 26.23  contracting party defaults under the contract and must provide 
 26.24  for oversight by the commissioner of transportation.  
 26.25     (b) Notwithstanding the provisions of any other law, money 
 26.26  received by the state under a lease of state trunk highway 
 26.27  bond-financed property must be paid to the commissioner of 
 26.28  transportation, deposited in the state trunk highway fund, and 
 26.29  used to pay or redeem or defease any outstanding state trunk 
 26.30  highway bonds in accordance with the commissioner of finance's 
 26.31  order authorizing their issuance.  The money paid to the 
 26.32  commissioner of transportation is appropriated for this 
 26.33  purpose.  Money in excess of the foregoing requirement must be 
 26.34  applied as otherwise required by law. 
 26.35     Subd. 3.  [SALES.] (a) State trunk highway bond-financed 
 26.36  property must not be sold unless the sale (1) is for a purpose 
 27.1   authorized by law, (2) is conducted in accordance with 
 27.2   applicable law and duly adopted rules, (3) is made in accordance 
 27.3   with orders, if any, of the commissioner of finance intended to 
 27.4   ensure the legality and tax-exempt status of outstanding state 
 27.5   trunk highway bonds, and (4) is approved by the commissioner of 
 27.6   finance. 
 27.7      (b) Notwithstanding any other law, the net proceeds of a 
 27.8   sale of any state trunk highway bond-financed property must be 
 27.9   paid to the commissioner of transportation, deposited in the 
 27.10  state trunk highway fund, and used to pay or redeem or defease 
 27.11  any outstanding trunk highway bonds in accordance with the 
 27.12  commissioner of finance's order authorizing their issuance.  The 
 27.13  net proceeds of sale paid to the commissioner of transportation 
 27.14  are appropriated for these purposes.  Any net proceeds of sale 
 27.15  in excess of the foregoing requirement must be applied as 
 27.16  otherwise required by law.  When all of the net proceeds of sale 
 27.17  have been applied as provided in this subdivision, the sold 
 27.18  property is no longer considered state trunk highway 
 27.19  bond-financed property. 
 27.20     Subd. 4.  [RELATION TO OTHER LAWS.] This section applies to 
 27.21  all state trunk highway bond-financed property unless otherwise 
 27.22  provided by law. 
 27.23     Sec. 16.  Minnesota Statutes 2000, section 167.51, 
 27.24  subdivision 2, is amended to read: 
 27.25     Subd. 2.  [TRANSFERS.] All money transferred from the trunk 
 27.26  highway fund or from any other source to the Minnesota trunk 
 27.27  highway bond account and all income from the investment thereof 
 27.28  shall be available for the payment of outstanding state trunk 
 27.29  highway bonds and interest thereon, whether or not issued 
 27.30  pursuant to section 167.50, in the same manner as the proceeds 
 27.31  of taxes paid into the trunk highway fund, and so much thereof 
 27.32  as may be necessary is appropriated for such payments.  The 
 27.33  legislature may appropriate and transfer to the Minnesota trunk 
 27.34  highway bond account, for the payment of such trunk highway 
 27.35  bonds and interest thereon, any other moneys in the state 
 27.36  treasury not otherwise appropriated.  The commissioner of 
 28.1   finance and the state treasurer are directed to make the 
 28.2   appropriate entries in the accounts of the respective funds.  
 28.3      Sec. 17.  Minnesota Statutes 2000, section 168.012, 
 28.4   subdivision 1, is amended to read: 
 28.5      Subdivision 1.  [VEHICLES EXEMPT FROM TAX AND REGISTRATION 
 28.6   FEES.] (a) The following vehicles are exempt from the provisions 
 28.7   of this chapter requiring payment of tax and registration fees, 
 28.8   except as provided in subdivision 1c:  
 28.9      (1) vehicles owned and used solely in the transaction of 
 28.10  official business by the federal government, the state, or any 
 28.11  political subdivision; 
 28.12     (2) vehicles owned and used exclusively by educational 
 28.13  institutions and used solely in the transportation of pupils to 
 28.14  and from such those institutions; 
 28.15     (3) vehicles used solely in driver education programs at 
 28.16  nonpublic high schools; 
 28.17     (4) vehicles owned by nonprofit charities and used 
 28.18  exclusively to transport disabled persons for educational 
 28.19  purposes; 
 28.20     (5) vehicles owned and used by honorary consul; 
 28.21     (6) ambulances owned by ambulance services licensed under 
 28.22  section 144E.10, the general appearance of which is 
 28.23  unmistakable; and 
 28.24     (7) vehicles owned by a commercial driving school licensed 
 28.25  under section 171.34, or an employee of a commercial driving 
 28.26  school licensed under section 171.34, and the vehicle is used 
 28.27  exclusively for driver education and training. 
 28.28     (b) Vehicles owned by the federal government, municipal 
 28.29  fire apparatuses including fire-suppression support vehicles, 
 28.30  police patrols, and ambulances, the general appearance of which 
 28.31  is unmistakable, shall are not be required to register or 
 28.32  display number plates.  
 28.33     (c) Unmarked vehicles used in general police work, liquor 
 28.34  investigations, or arson investigations, and passenger 
 28.35  automobiles, pickup trucks, and buses owned or operated by the 
 28.36  department of corrections shall, must be registered and shall 
 29.1   must display appropriate license number plates which shall be, 
 29.2   furnished by the registrar at cost.  Original and renewal 
 29.3   applications for these license plates authorized for use in 
 29.4   general police work and for use by the department of corrections 
 29.5   must be accompanied by a certification signed by the appropriate 
 29.6   chief of police if issued to a police vehicle, the appropriate 
 29.7   sheriff if issued to a sheriff's vehicle, the commissioner of 
 29.8   corrections if issued to a department of corrections vehicle, or 
 29.9   the appropriate officer in charge if issued to a vehicle of any 
 29.10  other law enforcement agency.  The certification must be on a 
 29.11  form prescribed by the commissioner and state that the vehicle 
 29.12  will be used exclusively for a purpose authorized by this 
 29.13  section.  
 29.14     (d) Unmarked vehicles used by the departments of revenue 
 29.15  and labor and industry, fraud unit, in conducting seizures or 
 29.16  criminal investigations must be registered and must display 
 29.17  passenger vehicle classification license number plates which 
 29.18  shall be, furnished at cost by the registrar.  Original and 
 29.19  renewal applications for these passenger vehicle license plates 
 29.20  must be accompanied by a certification signed by the 
 29.21  commissioner of revenue or the commissioner of labor and 
 29.22  industry.  The certification must be on a form prescribed by the 
 29.23  commissioner and state that the vehicles will be used 
 29.24  exclusively for the purposes authorized by this section. 
 29.25     (e) Unmarked vehicles used by the division of disease 
 29.26  prevention and control of the department of health must be 
 29.27  registered and must display passenger vehicle classification 
 29.28  license number plates.  These plates must be furnished at cost 
 29.29  by the registrar.  Original and renewal applications for these 
 29.30  passenger vehicle license plates must be accompanied by a 
 29.31  certification signed by the commissioner of health.  The 
 29.32  certification must be on a form prescribed by the commissioner 
 29.33  and state that the vehicles will be used exclusively for the 
 29.34  official duties of the division of disease prevention and 
 29.35  control.  
 29.36     (f) Unmarked vehicles used by staff of the gambling control 
 30.1   board in gambling investigations and reviews must be registered 
 30.2   and must display passenger vehicle classification license number 
 30.3   plates.  These plates must be furnished at cost by the 
 30.4   registrar.  Original and renewal applications for these 
 30.5   passenger vehicle license plates must be accompanied by a 
 30.6   certification signed by the board chair.  The certification must 
 30.7   be on a form prescribed by the commissioner and state that the 
 30.8   vehicles will be used exclusively for the official duties of the 
 30.9   gambling control board.  
 30.10     (g) All other motor vehicles shall must be registered and 
 30.11  display tax-exempt number plates which shall be, furnished by 
 30.12  the registrar at cost, except as provided in subdivision 1c.  
 30.13  All vehicles required to display tax-exempt number plates shall 
 30.14  must have the name of the state department or political 
 30.15  subdivision, nonpublic high school operating a driver education 
 30.16  program, or licensed commercial driving school, on the vehicle 
 30.17  plainly displayed on both sides of the vehicle; except that each 
 30.18  state hospital and institution for the mentally ill and mentally 
 30.19  retarded may have one vehicle without the required 
 30.20  identification on the sides of the vehicle, and county social 
 30.21  service agencies may have vehicles used for child and vulnerable 
 30.22  adult protective services without the required identification on 
 30.23  the sides of the vehicle.  Such This identification shall must 
 30.24  be in a color giving contrast with that of the part of the 
 30.25  vehicle on which it is placed and shall must endure throughout 
 30.26  the term of the registration.  The identification must not be on 
 30.27  a removable plate or placard and shall must be kept clean and 
 30.28  visible at all times; except that a removable plate or placard 
 30.29  may be utilized on vehicles leased or loaned to a political 
 30.30  subdivision or to a nonpublic high school driver education 
 30.31  program. 
 30.32     Sec. 18.  Minnesota Statutes 2000, section 168.09, 
 30.33  subdivision 7, is amended to read: 
 30.34     Subd. 7.  [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 
 30.35  (a) A vehicle that displays a special plate issued under section 
 30.36  168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 
 31.1   168.124; 168.125; 168.126; 168.128; or 168.129 may display a 
 31.2   temporary permit in conjunction with expired registration if: 
 31.3      (1) the current registration tax and all other fees have 
 31.4   been paid in full; and 
 31.5      (2) the plate requires replacement under section 168.12, 
 31.6   subdivision 1, paragraph (b), clause (3). 
 31.7      (b) A vehicle that is registered under section 168.10 may 
 31.8   display a temporary permit in conjunction with expired 
 31.9   registration, with or without a registration license plate, if: 
 31.10     (1) the license plates have been applied for and the 
 31.11  registration tax has been paid in full, as provided for in 
 31.12  section 168.10; and 
 31.13     (2) the vehicle is used solely as a collector vehicle while 
 31.14  displaying the temporary permit and not used for general 
 31.15  transportation purposes. 
 31.16     (b) (c) The permit is valid for a period of 60 days.  The 
 31.17  permit must be in a form prescribed by the commissioner of 
 31.18  public safety and whenever practicable must be posted upon the 
 31.19  driver's side of the rear window on the inside of the vehicle.  
 31.20  The permit is valid only for the vehicle for which it was issued 
 31.21  to allow a reasonable time for the new license plates to be 
 31.22  manufactured and delivered to the applicant. 
 31.23     Sec. 19.  Minnesota Statutes 2000, section 168.27, 
 31.24  subdivision 12a, is amended to read: 
 31.25     Subd. 12a.  [GROUNDS FOR CANCELLATION WITHOUT HEARING; 
 31.26  NOTICE REQUIRED.] (a) A license may be canceled by the registrar 
 31.27  after notice to the dealer, upon satisfactory proof that the 
 31.28  dealer:  (1) has failed to provide or maintain the required 
 31.29  surety bond, or that the dealer; (2) has failed to provide or 
 31.30  maintain the insurance required under chapter 65B; or (3) is no 
 31.31  longer operating at the dealer's licensed location. 
 31.32     (b) Surety companies and insurers providing required 
 31.33  coverages shall promptly notify the registrar upon canceling any 
 31.34  surety bond or required insurance.  The registrar shall notify 
 31.35  the dealer of the reason or reasons for cancellation before the 
 31.36  cancellation occurs. 
 32.1      Sec. 20.  Minnesota Statutes 2000, section 168.27, 
 32.2   subdivision 20, is amended to read: 
 32.3      Subd. 20.  [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 
 32.4   This section shall does not apply: 
 32.5      (1) to any person, copartnership, or corporation engaged in 
 32.6   the business of selling vehicles designed to operate exclusively 
 32.7   over snow, motor scooters, motorized wheelchairs, utility 
 32.8   trailers, farm wagons, farm trailers, or farm tractors or other 
 32.9   farm implements, whether self-propelled or not, and even 
 32.10  though such wagons, trailers, tractors or implements a vehicle 
 32.11  listed in this clause may be equipped with a trailer hitch,; or 
 32.12     (2) to any person licensed as a real estate broker or 
 32.13  salesperson pursuant to chapter 82, who engages in the business 
 32.14  of selling, or who offers to sell, or who solicits or advertises 
 32.15  the sale of manufactured homes affixed to land, unless such. 
 32.16     (b) However, this section does apply to a person, 
 32.17  copartnership, or corporation shall described in paragraph (a) 
 32.18  who is also be engaged in the business of selling other motor 
 32.19  vehicles or manufactured homes within the provisions of this 
 32.20  section. 
 32.21     (b) (c) As used in this subdivision the term "utility 
 32.22  trailer" has the following meaning:, "utility trailer" means a 
 32.23  motorless vehicle, other than a boat trailer or snowmobile 
 32.24  trailer, equipped with one or two wheels and, having a carrying 
 32.25  capacity of 2000 gross vehicle weight of 4,000 pounds or less, 
 32.26  and used for carrying property on its own structure while being 
 32.27  drawn by a motor vehicle. 
 32.28     Sec. 21.  Minnesota Statutes 2000, section 168.33, 
 32.29  subdivision 7, is amended to read: 
 32.30     Subd. 7.  [FILING FEE.] (a) In addition to all other 
 32.31  statutory fees and taxes, a filing fee of $3.50 is imposed on 
 32.32  every application: 
 32.33     (i) $4.50 is imposed on every motor vehicle registration 
 32.34  renewal, excluding pro rate transactions; and 
 32.35     (ii) $7 is imposed on every other type of vehicle 
 32.36  transaction, including pro rate transactions; 
 33.1   except that a filing fee may not be charged for a document 
 33.2   returned for a refund or for a correction of an error made by 
 33.3   the department of public safety, a licensed auto dealer, or a 
 33.4   deputy registrar.  The filing fee shall must be shown as a 
 33.5   separate item on all registration renewal notices sent out by 
 33.6   the department of public safety.  No filing fee or other fee may 
 33.7   be charged for the permanent surrender of a certificate of title 
 33.8   and license plates for a motor vehicle.  
 33.9      (b) Filing fees collected under this subdivision by the 
 33.10  registrar department must be paid into the state treasury and 
 33.11  credited to the highway user tax distribution fund, except fees 
 33.12  for registrations of motor vehicles.  Filing fees collected for 
 33.13  registrations of motor vehicles in conjunction with a title 
 33.14  transfer or first application in this state must be paid into 
 33.15  the state treasury with 50 percent of the money credited to the 
 33.16  general fund and 50 percent credited to the highway user tax 
 33.17  distribution fund. 
 33.18     (c) A motor vehicle dealer shall retain $2.50 of each 
 33.19  filing fee imposed under this subdivision for a completed 
 33.20  transaction involving the sale of a motor vehicle to or by a 
 33.21  licensed dealer, if the dealer electronically transmits the 
 33.22  transaction to the department or deputy registrar.  The 
 33.23  department shall develop procedures to implement this 
 33.24  subdivision in consultation with Minnesota Deputy Registrar 
 33.25  Association and Minnesota Automobile Dealers Association.  
 33.26  Deputy registrars shall not be prohibited from receiving and 
 33.27  processing required documents supporting an electronic 
 33.28  transaction. 
 33.29     Sec. 22.  [168A.101] [CANCELLATION OF MOTOR VEHICLE SALE.] 
 33.30     Subdivision 1.  [REQUIRED DOCUMENTATION.] If the parties 
 33.31  cancel a purchase of a motor vehicle after the transfer of 
 33.32  interest, they must submit within 90 days of the original 
 33.33  purchase date the following items: 
 33.34     (1) the outstanding certificate of title with proper 
 33.35  assignment; and 
 33.36     (2) an affidavit correcting ownership signed by the parties.
 34.1      Subd. 2.  [REFUNDS.] A party may be eligible for a refund 
 34.2   of taxes and fees only if the items indicated in subdivision 1 
 34.3   are submitted within the 90-day time frame unless otherwise 
 34.4   provided by law. 
 34.5      Sec. 23.  Minnesota Statutes 2000, section 169.09, 
 34.6   subdivision 8, is amended to read: 
 34.7      Subd. 8.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
 34.8   Every A law enforcement officer who, in the regular course of 
 34.9   duty, investigates a motor vehicle accident of which report must 
 34.10  be made as required in that must be reported under this section, 
 34.11  either at the time of and at the scene of the accident or 
 34.12  thereafter by interviewing participants or witnesses, shall, 
 34.13  within ten days after the date of such the accident, forward a 
 34.14  an electronic or written report of such the accident to the 
 34.15  commissioner of public safety. 
 34.16     Sec. 24.  Minnesota Statutes 2000, section 169.09, 
 34.17  subdivision 9, is amended to read: 
 34.18     Subd. 9.  [ACCIDENT REPORT FORMS.] The department of public 
 34.19  safety shall prepare, and electronic or written forms for 
 34.20  accident reports required under this section.  Upon request the 
 34.21  department shall supply the forms to police departments, 
 34.22  coroners, sheriffs, garages, and other suitable agencies or 
 34.23  individuals, forms for accident reports required hereunder,.  
 34.24  The forms must be appropriate with respect to the persons 
 34.25  required to make such the reports and the purposes to be 
 34.26  served.  The electronic or written reports report forms to be 
 34.27  made completed by persons involved in accidents and by 
 34.28  investigating officers shall must call for sufficiently detailed 
 34.29  information to disclose with reference to a traffic accident the 
 34.30  causes, conditions then existing, and the persons and vehicles 
 34.31  involved. 
 34.32     Sec. 25.  Minnesota Statutes 2000, section 169.67, 
 34.33  subdivision 3, is amended to read: 
 34.34     Subd. 3.  [TRAILER, SEMITRAILER.] (a) No trailer or 
 34.35  semitrailer with a gross weight of 3,000 or more pounds, or a 
 34.36  gross weight that exceeds the empty weight of the towing 
 35.1   vehicle, may be drawn on a highway unless it is equipped with 
 35.2   brakes that are adequate to control the movement of and to stop 
 35.3   and hold the trailer or semitrailer.  A surge brake on a trailer 
 35.4   or semitrailer meets the requirement of this paragraph for 
 35.5   brakes adequate to stop and hold the trailer or semitrailer.  
 35.6      (b) No trailer or semitrailer that is required to have 
 35.7   brakes and that has a gross weight of more than 6,000 pounds may 
 35.8   be drawn on a highway unless it is equipped with brakes that are 
 35.9   so constructed that they are adequate to stop and hold the 
 35.10  trailer or semitrailer whenever it becomes detached from the 
 35.11  towing vehicle. 
 35.12     (c) Except as provided in paragraph (d), paragraph (a) does 
 35.13  not apply to: 
 35.14     (1) a trailer used by a farmer while transporting farm 
 35.15  products produced on the user's farm, or supplies back to the 
 35.16  farm of the trailer's user; 
 35.17     (2) a towed custom service vehicle drawn by a motor vehicle 
 35.18  that is equipped with brakes that meet the standards of 
 35.19  subdivision 5, provided that such a towed custom service vehicle 
 35.20  that exceeds 30,000 pounds gross weight may not be drawn at a 
 35.21  speed of more than 45 miles per hour; 
 35.22     (3) a trailer or semitrailer operated or used by retail 
 35.23  dealers of implements of husbandry while engaged exclusively in 
 35.24  the delivery of implements of husbandry; 
 35.25     (4) a motor vehicle drawn by another motor vehicle that is 
 35.26  equipped with brakes that meet the standards of subdivision 5; 
 35.27     (5) a tank trailer of not more than 12,000 pounds gross 
 35.28  weight owned by a distributor of liquid fertilizer while engaged 
 35.29  exclusively in transporting liquid fertilizer, or gaseous 
 35.30  fertilizer under pressure; 
 35.31     (6) a trailer of not more than 12,000 pounds gross weight 
 35.32  owned by a distributor of dry fertilizer while engaged 
 35.33  exclusively in the transportation of dry fertilizer; and 
 35.34     (7) a disabled vehicle while being towed to a place of 
 35.35  repair. 
 35.36     (d) Vehicles described in paragraph (c), clauses (1), (3), 
 36.1   and (4), may be operated without complying with paragraph (a) 
 36.2   only if the trailer or semitrailer does not exceed the following 
 36.3   gross weights: 
 36.4      (1) 3,000 pounds while being drawn by a vehicle registered 
 36.5   as a passenger automobile, other than a pickup truck as defined 
 36.6   in section 168.011, subdivision 29; 
 36.7      (2) 12,000 pounds while being drawn by any other motor 
 36.8   vehicle except a self-propelled implement of husbandry.  
 36.9      Sec. 26.  Minnesota Statutes 2000, section 169.79, is 
 36.10  amended to read: 
 36.11     169.79 [VEHICLE REGISTRATION.] 
 36.12     (a) No person shall operate, drive, or park a motor vehicle 
 36.13  on any highway unless the vehicle is registered in accordance 
 36.14  with the laws of this state and has the number plates for the 
 36.15  current year only or permit confirming that valid registration 
 36.16  or operating authority has been obtained, except as provided in 
 36.17  sections 168.10 and 168.12, subdivision 2f, as assigned to it by 
 36.18  the commissioner of public safety, conspicuously displayed 
 36.19  thereon in a manner that the view of any plate or permit is not 
 36.20  obstructed.  A plate issued under section 168.27 or a permit 
 36.21  issued under chapter 168 may be displayed on a vehicle in 
 36.22  conjunction with expired registration whether or not it displays 
 36.23  the license plate to which the last registration was issued.  
 36.24     (b) If the vehicle is a semitrailer, the number plate 
 36.25  displayed must be assigned to the registered owner and correlate 
 36.26  to the certificate of title documentation on file with the 
 36.27  department and shall not display a year indicator.  
 36.28     (c) If the vehicle is a motorcycle, motor scooter, 
 36.29  motorized bicycle, motorcycle sidecar, trailer, semitrailer, or 
 36.30  vehicle displaying a dealer plate, one plate shall must be 
 36.31  displayed on the rear thereof of the vehicle.  
 36.32     (d) If the vehicle is (1) a collector's vehicle with a 
 36.33  pioneer, classic car, collector, or street rod license; (2) a 
 36.34  vehicle that meets the requirements of a pioneer, classic, or 
 36.35  street rod vehicle except that the vehicle is used for general 
 36.36  transportation purposes; or (3) a vehicle that is of model year 
 37.1   1972 or earlier, not registered under section 168.10, 
 37.2   subdivision 1c, and is used for general transportation purposes, 
 37.3   one plate shall must be displayed on the rear of the vehicle, or 
 37.4   one plate on the front and one on the rear, at the discretion of 
 37.5   the owner. 
 37.6      (e) If the vehicle is a truck-tractor, road-tractor or farm 
 37.7   truck, as defined in section 168.011, subdivision 17, but 
 37.8   excluding from that definition semitrailers and trailers, one 
 37.9   plate shall must be displayed on the front thereof of the 
 37.10  vehicle. 
 37.11     (f) If the motor vehicle is any kind of motor vehicle other 
 37.12  than those provided for in paragraphs (b) to (d), one plate 
 37.13  shall must be displayed on the front and one on the rear thereof 
 37.14  of the vehicle.  
 37.15     (g) All plates shall must be securely fastened so as to 
 37.16  prevent them from swinging.  The person driving the motor 
 37.17  vehicle shall keep the plate legible and unobstructed and free 
 37.18  from grease, dust, or other blurring material so that the 
 37.19  lettering shall be is plainly visible at all times.  It is 
 37.20  unlawful to cover any assigned letters and numbers or the name 
 37.21  of the state of origin of a license plate with any material 
 37.22  whatever, including any clear or colorless material that affects 
 37.23  the plate's visibility or reflectivity.  
 37.24     (h) License plates issued to vehicles registered under 
 37.25  section 168.017 must display the month of expiration in the 
 37.26  lower left corner as viewed facing the plate and the year of 
 37.27  expiration in the lower right corner as viewed facing the plate. 
 37.28  License plates issued to vehicles registered under section 
 37.29  168.127 must display either fleet registration validation 
 37.30  stickers in the lower right corner as viewed facing the plates 
 37.31  or distinctive license plates, issued by the registrar, with 
 37.32  "FLEET REG" embossed on the bottom center portion of the plate. 
 37.33     Sec. 27.  Minnesota Statutes 2000, section 171.07, 
 37.34  subdivision 1, is amended to read: 
 37.35     Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
 37.36  Upon the payment of the required fee, the department shall issue 
 38.1   to every qualifying applicant qualifying therefor a license 
 38.2   designating the type or class of vehicles the applicant is 
 38.3   authorized to drive as applied for, which.  This license shall 
 38.4   must bear thereon a distinguishing number assigned to the 
 38.5   licensee, the full name, date of birth, residence address and 
 38.6   permanent mailing address if different, a description of the 
 38.7   licensee in such manner as the commissioner deems necessary, and 
 38.8   a space upon which the licensee shall write the usual signature 
 38.9   and the date of birth of the licensee with pen and ink.  No 
 38.10  license shall be is valid until it has been so signed by the 
 38.11  licensee.  Except in the case of an instruction permit, every 
 38.12  license shall must bear thereon a colored photograph or an 
 38.13  electronically produced image of the licensee.  Every license 
 38.14  issued to an applicant under the age of 21 shall must be of a 
 38.15  distinguishing color and plainly marked "Under-21."  The 
 38.16  department shall use such process or processes in the issuance 
 38.17  of licenses that prohibits, as near as possible, the ability to 
 38.18  alter or reproduce the licenses, or prohibit the ability to 
 38.19  superimpose a photograph or electronically produced image on 
 38.20  such the licenses, without ready detection.  A license issued to 
 38.21  an applicant of age 65 or over shall must be plainly marked 
 38.22  "senior" if requested by the applicant. 
 38.23     Sec. 28.  Minnesota Statutes 2000, section 171.183, 
 38.24  subdivision 1, is amended to read: 
 38.25     Subdivision 1.  [REQUIREMENTS.] For the purposes of 
 38.26  sections 171.182 to 171.184, a judgment is satisfied if:  
 38.27     (1) $25,000 $30,000 has been credited upon any judgment or 
 38.28  judgments rendered in excess of that amount because of bodily 
 38.29  injury to or death of one person as the result of any one 
 38.30  accident; 
 38.31     (2) subject to the limit of $25,000 $30,000 because of 
 38.32  bodily injury to or death of one person, the sum 
 38.33  of $50,000 $60,000 has been credited upon any judgment or 
 38.34  judgments rendered in excess of that amount because of bodily 
 38.35  injury to or death of two or more persons as the result of any 
 38.36  one accident; or 
 39.1      (3) $10,000 has been credited upon any judgment or 
 39.2   judgments rendered in excess of that amount because of damage to 
 39.3   or destruction of property of others as a result of any one 
 39.4   accident. 
 39.5      Sec. 29.  Minnesota Statutes 2000, section 171.39, is 
 39.6   amended to read: 
 39.7      171.39 [EXEMPTIONS.] 
 39.8      (a) The provisions of sections 171.33 to 171.41 shall do 
 39.9   not apply: to any person giving driver training lessons without 
 39.10  charge; to employers maintaining driver training schools without 
 39.11  charge for their employees only; to a home-school within the 
 39.12  meaning of sections 120A.22 and 120A.24; or to schools or 
 39.13  classes conducted by colleges, universities, and high schools as 
 39.14  a part of the normal program for such those institutions; nor to 
 39.15  those schools or persons described in section 171.05, 
 39.16  subdivision 2.  
 39.17     (b) Any person who is a certificated driver training 
 39.18  instructor in a high school driver training program may give 
 39.19  driver training instruction to persons over the age of 18 
 39.20  without acquiring a driver training school license or 
 39.21  instructor's license, and such those instructors may make a 
 39.22  charge for that instruction, if there is no private commercial 
 39.23  driver training school licensed under this statute sections 
 39.24  171.33 to 171.41 within ten miles of the municipality where such 
 39.25  driver training instruction is given and there is no adult 
 39.26  drivers training program in effect in the schools of the school 
 39.27  district in which the trainee resides. 
 39.28     Sec. 30.  [174.026] [PAVEMENT STRIPING.] 
 39.29     The commissioner of transportation may bill highway 
 39.30  maintenance operating units of the department and local road 
 39.31  authorities for the costs of a centrally managed, pavement 
 39.32  marking program.  These costs may include equipment acquisition 
 39.33  and rental, labor, materials, and other costs as determined by 
 39.34  the commissioner.  Receipts must be credited to a special 
 39.35  account, which is established in the trunk highway fund, and are 
 39.36  appropriated to the commissioner to pay the costs for which the 
 40.1   billings are made.  Amounts credited to the account are exempt 
 40.2   from statewide and agency indirect costs payments.  
 40.3      Sec. 31.  Minnesota Statutes 2000, section 174.24, 
 40.4   subdivision 3b, is amended to read: 
 40.5      Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
 40.6   shall determine the total operating cost of any public transit 
 40.7   system receiving or applying for assistance in accordance with 
 40.8   generally accepted accounting principles.  To be eligible for 
 40.9   financial assistance, an applicant or recipient shall provide to 
 40.10  the commissioner all financial records and other information and 
 40.11  shall permit any inspection reasonably necessary to determine 
 40.12  total operating cost and correspondingly the amount of 
 40.13  assistance which may be paid to the applicant or recipient.  
 40.14  Where more than one county or municipality contributes 
 40.15  assistance to the operation of a public transit system, the 
 40.16  commissioner shall identify one as lead agency for the purpose 
 40.17  of receiving moneys money under this section.  
 40.18     (b) Prior to distributing operating assistance to eligible 
 40.19  recipients for any contract period, the commissioner shall place 
 40.20  all recipients into one of the following classifications:  large 
 40.21  urbanized area service, urbanized area service, small urban area 
 40.22  service, rural area service, and elderly and handicapped 
 40.23  service.  The commissioner shall distribute funds under this 
 40.24  section so that the percentage of total operating cost paid by 
 40.25  any recipient from local sources will not exceed the percentage 
 40.26  for that recipient's classification, except as provided in an 
 40.27  undue hardship case.  The percentages shall must be:  for large 
 40.28  urbanized area service, 50 percent; for urbanized area service 
 40.29  and small urban area service, 40 percent; for rural area 
 40.30  service, 35 percent; and for elderly and handicapped service, 35 
 40.31  percent.  The remainder of the total operating cost will be paid 
 40.32  from state funds less any assistance received by the recipient 
 40.33  from any federal source.  For purposes of this subdivision 
 40.34  "local sources" means all local sources of funds and includes 
 40.35  all operating revenue, tax levies, and contributions from public 
 40.36  funds, except that the commissioner may exclude from the total 
 41.1   assistance contract revenues derived from operations the cost of 
 41.2   which is excluded from the computation of total operating cost.  
 41.3   Total operating costs of the Duluth transit authority or a 
 41.4   successor agency shall not include costs related to the 
 41.5   Superior, Wisconsin service contract and the independent school 
 41.6   district No. 709 service contract.  
 41.7      (c) If a recipient informs the commissioner in writing 
 41.8   after the establishment of these percentages but prior to the 
 41.9   distribution of financial assistance for any year that paying 
 41.10  its designated percentage of total operating cost from local 
 41.11  sources will cause undue hardship, the commissioner may reduce 
 41.12  the percentage to be paid from local sources by the recipient 
 41.13  and increase the percentage to be paid from local sources by one 
 41.14  or more other recipients inside or outside the classification, 
 41.15  provided that no recipient shall have its percentage thus 
 41.16  reduced or increased for more than two years successively.  If 
 41.17  for any year the funds appropriated to the commissioner to carry 
 41.18  out the purposes of this section are insufficient to allow the 
 41.19  commissioner to pay the state share of total operating cost as 
 41.20  provided in this paragraph, the commissioner shall reduce the 
 41.21  state share in each classification to the extent necessary. 
 41.22     Sec. 32.  Minnesota Statutes 2000, section 174.35, is 
 41.23  amended to read: 
 41.24     174.35 [LIGHT RAIL TRANSIT.] 
 41.25     The commissioner of transportation may exercise the powers 
 41.26  granted in this chapter and chapter 473, as necessary, to plan, 
 41.27  design, acquire, construct, and equip light rail transit 
 41.28  facilities in the metropolitan area as defined in section 
 41.29  473.121, subdivision 2.  The commissioner shall not spend state 
 41.30  funds to study light rail transit unless the funds are 
 41.31  appropriated in legislation that identifies the route, including 
 41.32  the origin and destination. 
 41.33     Sec. 33.  [174.36] [NOTICE OF STUDIES OF HIGH-SPEED RAIL.] 
 41.34     The commissioner shall notify the chairs of the senate and 
 41.35  house of representatives committees with jurisdiction over 
 41.36  transportation finance whenever the commissioner spends state 
 42.1   funds to study high-speed intercity passenger rail service. 
 42.2      Sec. 34.  Minnesota Statutes 2000, section 174.55, 
 42.3   subdivision 4, is amended to read: 
 42.4      Subd. 4.  [COMMISSIONER REPORT.] The commissioner of 
 42.5   transportation shall report to the commission not later than 
 42.6   July 15 of each year.  The report must consist of a listing of 
 42.7   candidate projects that meet the criteria of major 
 42.8   transportation projects within the definition in subdivision 5, 
 42.9   and a listing of proposed projects for study that the 
 42.10  commissioner believes have the potential of being major 
 42.11  transportation projects but do not have draft environmental 
 42.12  impact statements.  The report must include the commissioner's 
 42.13  plan for funding and implementation of each project. 
 42.14     Sec. 35.  Minnesota Statutes 2000, section 174.55, 
 42.15  subdivision 5, is amended to read: 
 42.16     Subd. 5.  [MAJOR TRANSPORTATION PROJECT.] A major 
 42.17  transportation project is a project that meets each of the 
 42.18  following criteria: 
 42.19     (1) involves the department of transportation; 
 42.20     (2) has a total cost of more than $5,000,000 has a 
 42.21  construction cost, in the year in which construction is expected 
 42.22  to begin, that exceeds 25 percent of the estimated annual 
 42.23  construction program of the department division or construction 
 42.24  district in which the project is located; and 
 42.25     (3) is a critical element of the transportation system of 
 42.26  its region and the state; and 
 42.27     (4) has a completed draft environmental impact statement.  
 42.28     Sec. 36.  Minnesota Statutes 2000, section 174.70, 
 42.29  subdivision 2, is amended to read: 
 42.30     Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
 42.31  construction and maintenance of the initial backbone of the the 
 42.32  state's communications system described in subdivision 1 systems 
 42.33  and to reduce the proliferation of communications towers, the 
 42.34  commissioner shall may, by purchase, lease, gift, exchange, or 
 42.35  other means, obtain sites for the erection of towers and the 
 42.36  location of equipment and shall may construct buildings and 
 43.1   structures needed for developing the system state's 
 43.2   communications systems.  The commissioner may negotiate with 
 43.3   commercial wireless service providers and other tower owners to 
 43.4   obtain sites, towers, and equipment.  Notwithstanding sections 
 43.5   161.433, 161.434, 161.45, and 161.46, the commissioner may by 
 43.6   agreement lease, allow, or permit commercial wireless service 
 43.7   providers or other tower owners to install privately owned 
 43.8   equipment on state-owned lands, buildings, and other structures 
 43.9   under the jurisdiction of the commissioner when it is practical 
 43.10  and feasible to do so.  The commissioner shall annually publish 
 43.11  a list of state-owned tower sites that are available to 
 43.12  commercial wireless service providers and other tower owners for 
 43.13  installation of their equipment on a first-come, first-served 
 43.14  basis for each tower or site.  The commissioner may not make 
 43.15  agreements that grant the exclusive use of towers.  After the 
 43.16  commissioner has agreed to make space available on a specific 
 43.17  tower or at a specific site, the commissioner shall charge a 
 43.18  site use fee for the value of the real property or structure 
 43.19  made available.  In lieu of a site use fee, the commissioner may 
 43.20  make agreements with commercial wireless service providers or 
 43.21  other tower owners to place state equipment on privately owned 
 43.22  towers and may accept (1) improvements such as tower 
 43.23  reinforcement, reconstruction, site development, or other site 
 43.24  improvements to state-owned public safety the state's 
 43.25  communications system facilities or real or personal property, 
 43.26  or (2) services provided by a commercial wireless service 
 43.27  provider.  This section does not create a right to install 
 43.28  privately owned towers on the trunk highway right-of-way. 
 43.29     [EFFECTIVE DATE.] This section is effective the day 
 43.30  following final enactment. 
 43.31     Sec. 37.  Minnesota Statutes 2000, section 174.70, 
 43.32  subdivision 3, is amended to read: 
 43.33     Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
 43.34  under subdivision 2 must be deposited in the trunk highway 
 43.35  fund.  The fees so collected are appropriated to the 
 43.36  commissioner to pay for the commissioner's share and state 
 44.1   patrol's share of the costs of constructing developing and 
 44.2   maintaining the communication system sites communications 
 44.3   systems that serve state agencies. 
 44.4      [EFFECTIVE DATE.] This section is effective the day 
 44.5   following final enactment. 
 44.6      Sec. 38.  Minnesota Statutes 2000, section 174.88, 
 44.7   subdivision 2, is amended to read: 
 44.8      Subd. 2.  [EXPENDITURE OF STATE FUNDS.] The commissioner 
 44.9   shall not spend any state funds for construction or equipment of 
 44.10  commuter rail facilities unless the funds have been appropriated 
 44.11  by law specifically for those purposes.  The commissioner shall 
 44.12  not spend state funds to study commuter rail unless the funds 
 44.13  are appropriated in legislation that identifies the route, 
 44.14  including origin and destination. 
 44.15     Sec. 39.  [219.166] [ESTABLISHMENT OF QUIET ZONES.] 
 44.16     A county, statutory or home rule charter city, or town may 
 44.17  by ordinance establish a defined "quiet zone" in which the 
 44.18  sounding of horns, whistles, or other audible warnings by 
 44.19  locomotives is regulated or prohibited.  A quiet zone 
 44.20  established under this section must consist of at least one-half 
 44.21  mile of railroad right-of-way.  All quiet zones, regulations, 
 44.22  and ordinances adopted under this section must conform to 
 44.23  federal law and the regulations of the Federal Railroad 
 44.24  Administration. 
 44.25     Sec. 40.  Minnesota Statutes 2000, section 222.63, 
 44.26  subdivision 4, is amended to read: 
 44.27     Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
 44.28  lease any rail line or right-of-way held in the state rail bank 
 44.29  or enter into an agreement with any person for the operation of 
 44.30  any rail line or right-of-way for any of the purposes set forth 
 44.31  in subdivision 2 in accordance with a fee schedule to be 
 44.32  developed by the commissioner. 
 44.33     (b) The commissioner may convey any rail line or 
 44.34  right-of-way, for consideration or for no consideration and upon 
 44.35  other terms as the commissioner may determine to be in the 
 44.36  public interest, to any other state agency or to a governmental 
 45.1   subdivision of the state having power by law to utilize it for 
 45.2   any of the purposes set forth in subdivision 2. 
 45.3      (c) The commissioner may convey a portion of previously 
 45.4   acquired rail bank right-of-way to a state agency or 
 45.5   governmental subdivision when the commissioner determines that: 
 45.6      (1) the portion to be conveyed is in excess of that needed 
 45.7   for the purposes stated in subdivision 2; 
 45.8      (2) the conveyance is upon terms and conditions agreed upon 
 45.9   by both the commissioner and the state agency or governmental 
 45.10  subdivision; 
 45.11     (3) after the sale, the rail bank corridor will continue to 
 45.12  meet the future public and commercial transportation and 
 45.13  transmission needs of the state; and 
 45.14     (4) the conveyance will not reduce the width of the rail 
 45.15  bank corridor to less than 50 feet. 
 45.16     (d) The commissioner may lease previously acquired state 
 45.17  rail bank right-of-way to a state agency or governmental 
 45.18  subdivision or to a private entity for nontransportation 
 45.19  purposes when: 
 45.20     (1) the portion to be leased is in excess of that needed 
 45.21  for the purposes stated in subdivision 2; 
 45.22     (2) the lease will not reduce the useable width of the rail 
 45.23  bank corridor to less than 50 feet; 
 45.24     (3) the cost of the lease is based on the fair market value 
 45.25  of the portion to be leased, as determined by appraisal; 
 45.26     (4) the lease allows the commissioner to terminate the 
 45.27  lease on 90 days' written notice to the lessee; and 
 45.28     (5) the lease prohibits the construction or erection of any 
 45.29  permanent structure within the 50-foot rail bank corridor and 
 45.30  requires any structure erected on the leased property to be 
 45.31  removed and the land restored to its original condition on 90 
 45.32  days' written notice to the lessee. 
 45.33     (e) Proceeds from a sale shall or lease must be deposited 
 45.34  in the rail bank maintenance account described in subdivision 8. 
 45.35     Sec. 41.  Minnesota Statutes 2000, section 446A.085, is 
 45.36  amended to read: 
 46.1      446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
 46.2      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 46.3   section, the terms defined in this subdivision have the meanings 
 46.4   given them. 
 46.5      (a)  [ACT.] (b) "Act" means the National Highway System 
 46.6   Designation Act of 1995, Public Law Number 104-59, as amended. 
 46.7      (b)  [BORROWER.] (c) "Borrower" means the state, counties, 
 46.8   cities, and other governmental entities eligible under the act 
 46.9   and state law to apply for and receive loans from the 
 46.10  transportation revolving loan fund, the trunk highway revolving 
 46.11  loan account, the county state-aid highway revolving loan 
 46.12  account, and the municipal state-aid street revolving loan 
 46.13  account. 
 46.14     (c)  [DEPARTMENT.] "Department" means the department of 
 46.15  transportation. 
 46.16     (d)  [LOAN.] "Loan" means financial assistance provided for 
 46.17  all or part of the cost of a project including money disbursed 
 46.18  in anticipation of reimbursement or repayment, loan guarantees, 
 46.19  lines of credit, credit enhancements, equipment financing 
 46.20  leases, bond insurance, or other forms of financial assistance. 
 46.21     (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
 46.22  means a committee of the Minnesota public facilities authority, 
 46.23  acting on behalf of the Minnesota public facilities authority, 
 46.24  consisting of the commissioner of the department of trade and 
 46.25  economic development, the commissioner of finance, and the 
 46.26  commissioner of transportation. 
 46.27     Subd. 2.  [PURPOSE.] The purpose of the transportation 
 46.28  revolving loan fund, the trunk highway revolving loan account, 
 46.29  the county state-aid highway revolving loan account, and the 
 46.30  municipal state-aid street revolving loan account is to provide 
 46.31  loans and matching money for public transportation projects 
 46.32  eligible for financing or aid under any federal act or program 
 46.33  or state law, including, without limitation, the study of the 
 46.34  feasibility of construction, reconstruction, resurfacing, 
 46.35  restoring, rehabilitation, or replacement of transportation 
 46.36  facilities; acquisition of right-of-way; and maintenance, 
 47.1   repair, improvement, or construction of city, town, county, or 
 47.2   state highways, roads, streets, rights-of-way, bridges, tunnels, 
 47.3   railroad-highway crossings, drainage structures, signs, 
 47.4   maintenance and operation facilities, guardrails, and protective 
 47.5   structures used in connection with highways or transit projects. 
 47.6   Enhancement items, including without limitation bicycle paths, 
 47.7   ornamental lighting, and landscaping, are eligible for financing 
 47.8   provided they are an integral part of overall project design and 
 47.9   construction of a federal-aid highway.  Money in the fund may 
 47.10  not be used for any toll facilities project or 
 47.11  congestion-pricing project. 
 47.12     Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
 47.13  revolving loan fund is established to make loans for the 
 47.14  purposes described in subdivision 2.  A highway account is 
 47.15  established in the fund for highway projects eligible under 
 47.16  United States Code, title 23.  A transit account is established 
 47.17  in the fund for transit capital projects eligible under United 
 47.18  States Code, title 49.  A state funds general loan account is 
 47.19  established in the fund for transportation projects eligible 
 47.20  under state law.  Other accounts may be established in the fund 
 47.21  as necessary for its management and administration.  The 
 47.22  transportation revolving loan fund shall receive receives 
 47.23  federal money under the act and money from any source.  Money 
 47.24  received under this section must be paid to the state treasurer 
 47.25  and credited to the transportation revolving loan fund.  Money 
 47.26  in the fund is annually appropriated to the commissioner 
 47.27  authority and does not lapse.  The fund must be credited with 
 47.28  investment income, and with repayments of principal and 
 47.29  interest, except for servicing fees assessed under sections 
 47.30  446A.04, subdivision 5, and 446A.11, subdivision 8. 
 47.31     Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
 47.32  shall manage and administer the transportation revolving loan 
 47.33  fund, the trunk highway revolving loan account, the county 
 47.34  state-aid highway revolving loan account, and the municipal 
 47.35  state-aid street revolving loan account and individual accounts 
 47.36  in the fund.  For those purposes, the authority may exercise all 
 48.1   powers provided in this chapter. 
 48.2      Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
 48.3   transportation committee, the commissioner of transportation may 
 48.4   transfer money from the trunk highway revolving loan account to 
 48.5   the trunk highway fund, from the county state-aid highway 
 48.6   revolving loan account to the county state-aid highway fund, and 
 48.7   from the municipal state-aid street revolving loan account to 
 48.8   the municipal state-aid street fund. 
 48.9      Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
 48.10  committee may authorize the making of loans to borrowers by the 
 48.11  authority for transportation purposes authorized by the act or 
 48.12  this section, without further action by the authority.  The 
 48.13  authority may not make loans for transportation purposes without 
 48.14  the approval of the transportation committee.  Each project must 
 48.15  be certified by the commissioner of transportation before its 
 48.16  consideration by the transportation committee. 
 48.17     Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
 48.18  an application to the transportation committee on forms 
 48.19  prescribed by the transportation committee.  The applicant must 
 48.20  provide the following information: 
 48.21     (1) the estimated cost of the project and the amount of the 
 48.22  loan sought; 
 48.23     (2) other possible sources of funding in addition to loans 
 48.24  sought from the transportation revolving loan fund, the trunk 
 48.25  highway revolving loan account, the county state-aid highway 
 48.26  revolving loan account, or the municipal state-aid street 
 48.27  revolving loan account; 
 48.28     (3) the proposed methods and sources of funds to be used 
 48.29  for repayment of loans received; and 
 48.30     (4) information showing the financial status and ability of 
 48.31  the borrower to repay loans. 
 48.32     Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
 48.33  transportation shall consider the following information when 
 48.34  evaluating projects to certify for funding to the transportation 
 48.35  committee: 
 48.36     (1) a description of the nature and purpose of the proposed 
 49.1   transportation project including an explanation of the need for 
 49.2   the project and the reasons why it is in the public interest; 
 49.3      (2) the relationship of the project to the area 
 49.4   transportation improvement program, the approved statewide 
 49.5   transportation improvement program, and to any other 
 49.6   transportation plans required under state or federal law; 
 49.7      (3) the estimated cost of the project and the amount of 
 49.8   loans sought; 
 49.9      (4) proposed sources of funding in addition to loans sought 
 49.10  from the transportation revolving loan fund, the trunk highway 
 49.11  revolving loan account, the county state-aid highway revolving 
 49.12  loan account, or municipal state-aid street revolving loan 
 49.13  account; 
 49.14     (5) the need for the project as part of the overall 
 49.15  transportation system; 
 49.16     (6) the overall economic impact of the project; and 
 49.17     (7) the extent to which completion of the project will 
 49.18  improve the movement of people and freight. 
 49.19     Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
 49.20  transportation revolving loan fund, the trunk highway revolving 
 49.21  loan account, the county state-aid highway revolving loan 
 49.22  account, or the municipal state-aid street revolving loan 
 49.23  account, the transportation committee shall comply with the 
 49.24  conditions applicable provisions of the act and state law.  In 
 49.25  addition, a loan made under this section must: 
 49.26     (1) bear interest at or below market rates or as otherwise 
 49.27  specified in federal law; 
 49.28     (2) have a repayment term not longer than 30 years; 
 49.29     (3) be fully amortized no later than 30 years after project 
 49.30  completion; 
 49.31     (4) be subject to repayment of principal and interest 
 49.32  beginning not later than five years after the facility financed 
 49.33  with a loan has been completed, or in the case of a highway 
 49.34  project, five years after the facility has opened to traffic; 
 49.35  and 
 49.36     (5) be made disbursed for specific project elements only 
 50.1   after all federal applicable environmental requirements 
 50.2   applicable to the project have been complied with and all 
 50.3   federal environmental requirements have been met. 
 50.4      Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
 50.5   APPORTIONMENTS.] A loan may be made to a county, or to a 
 50.6   statutory or home rule charter city having a population of 5,000 
 50.7   or more, in anticipation of repayment of the loan from sums that 
 50.8   will be apportioned to a county from the county state-aid 
 50.9   highway fund under section 162.07 or to a city from the 
 50.10  municipal state-aid street fund under section 162.14. 
 50.11     Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
 50.12  allocation provisions of section 162.08 for counties, and the 
 50.13  apportionment provisions of section 162.14 for cities, sums 
 50.14  apportioned under section 162.13 to a statutory or home rule 
 50.15  charter city, or under section 162.07 to a county, that has loan 
 50.16  repayments due to the transportation revolving loan fund, the 
 50.17  trunk highway revolving loan account, the county state-aid 
 50.18  highway revolving loan account, or the municipal state-aid 
 50.19  street revolving loan account shall be paid by the commissioner 
 50.20  of transportation to the appropriate loan fund or account to 
 50.21  offset the loan repayments that are due. 
 50.22     Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
 50.23  AUTHORITY.] The commissioner of the department of trade and 
 50.24  economic development shall adopt administrative rules specifying 
 50.25  the procedures that will be used for the administration of the 
 50.26  duties of the transportation committee and authority.  The rules 
 50.27  must include criteria, standards, and procedures that will be 
 50.28  used for making loans, determining interest rates to be charged 
 50.29  on loans, the amount of project financing to be provided, the 
 50.30  collateral that will be required, the requirements for dedicated 
 50.31  sources of revenue or income streams to ensure repayment of 
 50.32  loans, and the length of repayment terms.  
 50.33     Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
 50.34  commissioner of transportation shall establish, adopt rules for, 
 50.35  and implement a program to identify, assist with the development 
 50.36  of, and certify projects eligible for loans under the act to the 
 51.1   transportation committee.  Until rules are adopted by the 
 51.2   commissioner of transportation, the commissioner of 
 51.3   transportation may certify to the transportation committee any 
 51.4   project that has been reviewed through an approved planning 
 51.5   process that qualifies the project to be included in the 
 51.6   statewide transportation program or amended into the statewide 
 51.7   transportation improvement program. 
 51.8      Subd. 14.  [JOINT RULES.] The commissioner of the 
 51.9   department of trade and economic development and the 
 51.10  commissioner of transportation may adopt a single set of rules. 
 51.11     [EFFECTIVE DATE.] This section is effective the day 
 51.12  following final enactment. 
 51.13     Sec. 42.  Minnesota Statutes 2000, section 473.399, is 
 51.14  amended by adding a subdivision to read: 
 51.15     Subd. 4.  [EXPENDITURE OF STATE FUNDS.] No state funds may 
 51.16  be expended by the metropolitan council to study light rail 
 51.17  transit or commuter rail unless the funds are appropriated in 
 51.18  legislation that identifies route, including the origin and 
 51.19  destination. 
 51.20     Sec. 43.  Laws 1997, chapter 159, article 2, section 4, is 
 51.21  amended to read: 
 51.22     Sec. 4.  [DEMONSTRATION PROGRAM PERFORMANCE-BASED FUNDING 
 51.23  PROGRAM FOR CERTAIN PROVIDERS.] 
 51.24     Notwithstanding Minnesota Statutes, section 473.384, 
 51.25  subdivision 6, regarding percentages of total operating costs to 
 51.26  be subsidized by the metropolitan council, until June 30, 2001, 
 51.27  the metropolitan council may establish the appropriate 
 51.28  percentage operating subsidy to be granted to individual 
 51.29  recipients under the subdivision.  The metropolitan council must 
 51.30  establish the percentage annually, based on available transit 
 51.31  funds and the council's determination of a reasonable subsidy 
 51.32  per passenger trip in comparison to similar transit or 
 51.33  paratransit service in the metropolitan area.  The council may 
 51.34  provide a subsidy up to 100 percent of a recipient's operating 
 51.35  costs for all or any portion of the transit or paratransit 
 51.36  service and may require recipients to pay up to 100 41.5 percent 
 52.1   of their own operating costs for all or any portion of the 
 52.2   service.  
 52.3      Sec. 44.  [REPEALER.] 
 52.4      Minnesota Statutes 2000, section 174.22, subdivision 9, is 
 52.5   repealed. 
 52.6                              ARTICLE 3 
 52.7                             DESIGN-BUILD 
 52.8      Section 1.  [161.3410] [DESIGN-BUILD CONTRACTS; 
 52.9   DEFINITIONS.] 
 52.10     Subdivision 1.  [SCOPE.] The terms used in sections 
 52.11  161.3410 to 161.3428 have the meanings given in this section. 
 52.12     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
 52.13  commissioner of transportation. 
 52.14     Subd. 3.  [DESIGN-BUILD CONTRACT.] "Design-build contract" 
 52.15  means a single contract between the department of transportation 
 52.16  and a design-build company or firm to furnish the architectural 
 52.17  or engineering and related design services as well as the labor, 
 52.18  material, supplies, equipment, and construction services for the 
 52.19  transportation project. 
 52.20     Subd. 4.  [DESIGN-BUILD FIRM.] "Design-build firm" means a 
 52.21  proprietorship, partnership, limited liability partnership, 
 52.22  joint venture, corporation, any type of limited liability 
 52.23  company, professional corporation, or any legal entity. 
 52.24     Subd. 5.  [DESIGN PROFESSIONAL.] "Design professional" 
 52.25  means a person who holds a license under chapter 326 that is 
 52.26  required to be registered under Minnesota law. 
 52.27     Subd. 6.  [DESIGN-BUILD TRANSPORTATION 
 52.28  PROJECT.] "Design-build transportation project" means the 
 52.29  procurement of both the design and construction of a 
 52.30  transportation project in a single contract with a company or 
 52.31  companies capable of providing the necessary engineering 
 52.32  services and construction. 
 52.33     Subd. 7.  [DESIGN-BUILDER.] "Design-builder" means the 
 52.34  design-build firm that proposes to design and build a 
 52.35  transportation project governed by the procedures of this 
 52.36  section. 
 53.1      Subd. 8.  [REQUEST FOR PROPOSALS OR RFP.] "Request for 
 53.2   proposals" or "RFP" means the document by which the commissioner 
 53.3   solicits proposals from prequalified design-build firms to 
 53.4   design and construct the transportation project. 
 53.5      Subd. 9.  [REQUEST FOR QUALIFICATIONS OR RFQ.] "Request for 
 53.6   qualifications" or "RFQ" means a document to prequalify and 
 53.7   short-list potential design-build firms. 
 53.8      Sec. 2.  [161.3412] [DESIGN-BUILD AUTHORITY.] 
 53.9      Subdivision 1.  [BEST VALUE SELECTION.] Notwithstanding 
 53.10  sections 16C.25, 161.32, and 161.321, or any other law to the 
 53.11  contrary, the commissioner may solicit and award a design-build 
 53.12  contract for a project on the basis of a best value selection 
 53.13  process.  Section 16C.08 does not apply to design-build 
 53.14  contracts to which the commissioner is a party. 
 53.15     Subd. 2.  [COMPETITIVE, OPEN PROCESS.] Sections 161.3410 to 
 53.16  161.3428 apply only to transportation projects using the 
 53.17  two-step competitive process utilizing public solicitation for 
 53.18  design-build services. 
 53.19     Subd. 3.  [RESTRICTION; REPORTS.] (a) The number of 
 53.20  design-build contracts awarded by the commissioner in any fiscal 
 53.21  year may not exceed ten percent of the total number of 
 53.22  transportation construction contracts awarded by the 
 53.23  commissioner in the previous fiscal year. 
 53.24     (b) The commissioner shall notify the chairs of the senate 
 53.25  and house of representatives committees with jurisdiction over 
 53.26  transportation policy and transportation finance each time the 
 53.27  commissioner decides to use the design-build method of 
 53.28  procurement and explain why that method was chosen.  
 53.29     Subd. 4.  [MUNICIPAL CONSENT.] Use of the design-build 
 53.30  method of state transportation project delivery is subject to 
 53.31  state law concerning municipal consent to highways in 
 53.32  municipalities. 
 53.33     Sec. 3.  [161.3414] [DETERMINATION TO USE DESIGN-BUILD 
 53.34  SELECTION METHOD.] 
 53.35     Subdivision 1.  [GENERAL CRITERIA.] A design-build 
 53.36  contracting procedure authorized under sections 161.3410 to 
 54.1   161.3428 may be used for a specific project only after the 
 54.2   commissioner determines that awarding a design-build contract 
 54.3   will serve the public interest. 
 54.4      Subd. 2.  [SPECIFIC CRITERIA.] The commissioner shall use 
 54.5   the following criteria as the minimum basis for determining when 
 54.6   to use the design-build method of project delivery: 
 54.7      (1) the extent to which it can adequately define the 
 54.8   project requirements in a proposed scope of the design and 
 54.9   construction desired; 
 54.10     (2) the time constraints for delivery of the project; 
 54.11     (3) the capability and experience of potential contractors 
 54.12  with the design-build method of project delivery or similar 
 54.13  experience; 
 54.14     (4) the suitability of the project for use of the 
 54.15  design-build method of project delivery with respect to time, 
 54.16  schedule, costs, and quality factors; 
 54.17     (5) the capability of the department of transportation to 
 54.18  manage the project, including the employment of experienced 
 54.19  personnel or outside consultants; 
 54.20     (6) the capability of the department of transportation to 
 54.21  oversee the project with individuals or design-build firms who 
 54.22  are familiar and experienced with the design-build method of 
 54.23  project delivery or similar experience; 
 54.24     (7) the lack of ability and availability of any current 
 54.25  state employee to perform the services called for by the 
 54.26  contract; 
 54.27     (8) the original character of the product or the services; 
 54.28     (9) the work to be performed on the project is necessary to 
 54.29  the agency's achievement of its statutory responsibilities and 
 54.30  there is statutory authority to enter into the contract; and 
 54.31     (10) other criteria the commissioner deems relevant and 
 54.32  states in writing in its determination to utilize the 
 54.33  design-build method of project delivery. 
 54.34     Sec. 4.  [161.3416] [DESIGN-BUILD NOTICE; REPORT.] 
 54.35     Subdivision 1.  [SUMMARY REPORT OF REASONS FOR 
 54.36  DETERMINATION.] The commissioner shall summarize in a written 
 55.1   statement its reasons for using the design-build construction 
 55.2   contracting procedure.  This statement, along with other 
 55.3   relevant information describing the project, must be made 
 55.4   available upon request to interested parties. 
 55.5      Subd. 2.  [FINAL DETERMINATION AUTHORITY.] Final 
 55.6   determination to use a design-build construction contracting 
 55.7   procedure may be made only by the commissioner. 
 55.8      Sec. 5.  [161.3418] [LICENSING REQUIREMENTS.] 
 55.9      Subdivision 1.  [LICENSED PROFESSIONAL REQUIRED.] Each 
 55.10  design-builder shall employ, or have as a partner, member, 
 55.11  officer, coventurer, or subcontractor a person duly licensed and 
 55.12  registered to provide the design services required to complete 
 55.13  the project and do business in the state. 
 55.14     Subd. 2.  [CONTRACTING FOR LICENSED PROFESSIONAL.] A 
 55.15  design-builder may enter into a contract to provide professional 
 55.16  or construction services for a project that the design-builder 
 55.17  is not licensed, registered, or qualified to perform, so long as 
 55.18  the design-builder provides those services through 
 55.19  subcontractors with duly licensed, registered, or otherwise 
 55.20  qualified individuals in accordance with sections 161.3410 to 
 55.21  161.3428. 
 55.22     Subd. 3.  [LIABILITY.] (a) Nothing in this section 
 55.23  authorizing design-build contracts is intended to limit or 
 55.24  eliminate the responsibility or liability owed by a professional 
 55.25  on a design-build project to the state, county, or city, or 
 55.26  other third parties under existing law. 
 55.27     (b) The design service portion of a design-build contract 
 55.28  must be considered a service and not a product. 
 55.29     Sec. 6.  [161.3420] [DESIGN-BUILD RFQ; SELECTION TEAM; 
 55.30  EVALUATION.] 
 55.31     Subdivision 1.  [TWO-PHASE PROCEDURE.] If the commissioner 
 55.32  determines that the design-build best value method of project 
 55.33  delivery is appropriate for a project, the commissioner shall 
 55.34  establish a two-phase procedure for awarding the design-build 
 55.35  contract, as described in this subdivision and section 161.3422. 
 55.36     Subd. 2.  [TECHNICAL REVIEW COMMITTEE.] During the 
 56.1   phase-one request for qualifications (RFQ) and before 
 56.2   solicitation, the commissioner shall appoint a technical review 
 56.3   committee of at least five individuals.  The technical review 
 56.4   committee must include an individual whose name and 
 56.5   qualifications are submitted to the commissioner by the 
 56.6   Minnesota chapter of the Associated General Contractors, after 
 56.7   consultation with other commercial contractor associations in 
 56.8   the state.  Members of the technical review committee who are 
 56.9   not state employees are subject to the Minnesota Government Data 
 56.10  Practices Act and section 16C.06 to the same extent that state 
 56.11  agencies are subject to those provisions.  A technical review 
 56.12  committee member may not participate in the review or discussion 
 56.13  of responses to a request for qualifications or request for 
 56.14  proposals when the member has a financial interest in any of the 
 56.15  design-build firms that respond to that request for 
 56.16  qualifications or request for proposals.  "Financial interest" 
 56.17  includes, but is not limited to, being or serving as an owner, 
 56.18  employee, partner, limited liability partner, shareholder, joint 
 56.19  venturer, family member, officer, or director of a design-build 
 56.20  firm responding to a request for qualifications or request for 
 56.21  proposals for a specific project, or having any other economic 
 56.22  interest in that design-build firm.  The members of the 
 56.23  technical review committee must be treated as state employees in 
 56.24  the event of litigation resulting from any action arising out of 
 56.25  their service on the committee. 
 56.26     Subd. 3.  [CONTENTS.] The commissioner shall prepare or 
 56.27  have prepared a request for qualifications.  The request for 
 56.28  qualifications must include the following: 
 56.29     (1) the minimum qualifications of design-builders necessary 
 56.30  to meet the requirements for acceptance; 
 56.31     (2) a scope of work statement and schedule; 
 56.32     (3) documents defining the project requirements; 
 56.33     (4) the form of contract to be awarded; 
 56.34     (5) the weighted selection criteria for compiling a short 
 56.35  list and the number of firms to be included in the short list, 
 56.36  which must be at least two but not more than five; 
 57.1      (6) a description of the RFP requirements; 
 57.2      (7) the maximum time allowed for design and construction; 
 57.3      (8) the commissioner's estimated cost of design and 
 57.4   construction; 
 57.5      (9) requirements for construction experience, design 
 57.6   experience, financial, personnel, and equipment resources 
 57.7   available from potential design-builders for the project and 
 57.8   experience in other design-build transportation projects or 
 57.9   similar projects, provided that these requirements may not 
 57.10  unduly restrict competition; and 
 57.11     (10) a statement that "past performance" or "experience" 
 57.12  does not include the exercise or assertion of a person's legal 
 57.13  rights. 
 57.14     Subd. 4.  [EVALUATION.] The selection team shall evaluate 
 57.15  the design-build qualifications of responding firms and shall 
 57.16  compile a short list of no more than five most highly qualified 
 57.17  firms in accordance with qualifications criteria described in 
 57.18  the RFQ.  If only one design-build firm responds to the RFQ or 
 57.19  remains on the short list, the commissioner may readvertise or 
 57.20  cancel the project as the commissioner deems necessary. 
 57.21     Sec. 7.  [161.3422] [RFP FOR DESIGN-BUILD.] 
 57.22     During phase two, the commissioner shall issue a request 
 57.23  for proposals (RFP) to the design-builders on the short list.  
 57.24  The request must include: 
 57.25     (1) the scope of work, including (i) performance and 
 57.26  technical requirements, (ii) conceptual design, (iii) 
 57.27  specifications, and (iv) functional and operational elements for 
 57.28  the delivery of the completed project, which must be prepared by 
 57.29  a registered or licensed professional engineer; 
 57.30     (2) a description of the qualifications required of the 
 57.31  design-builder and the selection criteria, including the weight 
 57.32  or relative order, or both, of each criterion; 
 57.33     (3) copies of the contract documents that the successful 
 57.34  proposer will be expected to sign; 
 57.35     (4) the maximum time allowable for design and construction; 
 57.36     (5) the road authority's estimated cost of design and 
 58.1   construction; 
 58.2      (6) the requirement that a submitted proposal be segmented 
 58.3   into two parts, a technical proposal and a price proposal; 
 58.4      (7) the requirement that each proposal be in a separately 
 58.5   sealed, clearly identified package and include the date and time 
 58.6   of the submittal deadline; 
 58.7      (8) the requirement that the technical proposal include a 
 58.8   critical path method; bar schedule of the work to be performed, 
 58.9   or similar schematic; design plans and specifications; technical 
 58.10  reports; calculations; permit requirements; applicable 
 58.11  development fees; and other data requested in the request for 
 58.12  proposals; 
 58.13     (9) the requirement that the price proposal contain all 
 58.14  design, construction, engineering, inspection, and construction 
 58.15  costs of the proposed project; 
 58.16     (10) the date, time, and location of the public opening of 
 58.17  the sealed price proposals; and 
 58.18     (11) other information relevant to the project. 
 58.19     Sec. 8.  [161.3424] [REPLACING TEAM MEMBERS.] 
 58.20     An individual or a design-build firm identified in a 
 58.21  response to a request for qualifications or a request for 
 58.22  proposals may not be replaced without the written approval of 
 58.23  the commissioner.  The commissioner may revoke an awarded 
 58.24  contract if an individual or a design-build firm identified in a 
 58.25  response to an RFQ or RFP is replaced without the commissioner's 
 58.26  written approval.  To qualify for the commissioner's approval, 
 58.27  the written request must document that the proposed replacement 
 58.28  individual or design-build firm will be equal to or better than 
 58.29  that described in the response to the request for qualifications 
 58.30  or request for proposals.  The commissioner shall use the 
 58.31  criteria specified in the request for qualifications or request 
 58.32  for proposals to evaluate the request. 
 58.33     Sec. 9.  [161.3426] [DESIGN-BUILD AWARD.] 
 58.34     Subdivision 1.  [AWARD; COMPUTATION; ANNOUNCEMENT.] Except 
 58.35  as provided in subdivision 2, a design-build contract shall be 
 58.36  awarded as follows: 
 59.1      (a) The technical review committee shall score the 
 59.2   technical proposals using the selection criteria in the request 
 59.3   for proposals (RFP).  The technical review committee shall then 
 59.4   submit a technical proposal score for each design-builder to the 
 59.5   commissioner.  The technical review committee shall reject any 
 59.6   proposal it deems nonresponsive. 
 59.7      (b) The commissioner shall announce the technical proposal 
 59.8   score for each design-builder and shall publicly open the sealed 
 59.9   price proposals and shall divide each design-builder's price by 
 59.10  the technical score that the technical review committee has 
 59.11  given to it to obtain an adjusted score.  The design-builder 
 59.12  selected must be that responsive and responsible design-builder 
 59.13  whose adjusted score is the lowest. 
 59.14     (c) If a time factor is included with the selection 
 59.15  criteria in the request for proposals package, the commissioner 
 59.16  may also adjust the bids using a value of the time factor 
 59.17  established by the commissioner.  The value of the time factor 
 59.18  must be expressed as a value per day.  The adjustment must be 
 59.19  based on the total time value.  The total time value is the 
 59.20  design-builder's total number of days to complete the project 
 59.21  multiplied by the factor.  The time-adjusted price is the total 
 59.22  time value plus the bid amount.  This adjustment must be used 
 59.23  for selection purposes only, and must not affect the department 
 59.24  of transportation's liquidated damages schedule or incentive or 
 59.25  disincentive program.  An adjusted score must then be obtained 
 59.26  by dividing each design-builder's time-adjusted price by the 
 59.27  score given by the technical review team.  The commissioner 
 59.28  shall select the responsive and responsible design-builder whose 
 59.29  adjusted score is the lowest. 
 59.30     (d) Unless all proposals are rejected, the commissioner 
 59.31  shall award the contract to the responsive and responsible 
 59.32  design-builder with the lowest adjusted score.  The commissioner 
 59.33  shall reserve the right to reject all proposals. 
 59.34     Subd. 2.  [ALTERNATIVE PROCESS FOR CERTAIN CONTRACTS.] (a) 
 59.35  The commissioner may elect to use the process in paragraph (b) 
 59.36  for a design-build contract for a project with an estimated 
 60.1   project cost of less than $5,000,000. 
 60.2      (b) The commissioner shall give the lowest cost proposal 
 60.3   the full number of price points defined in the request for 
 60.4   proposals.  The commissioner shall award each of the other 
 60.5   proposals a percentage of the price points based on a ratio of 
 60.6   the lowest price divided by the responder's price.  The 
 60.7   commissioner shall add the technical score and price score and 
 60.8   award the contract to the responder with the highest total score.
 60.9      Subd. 3.  [STIPULATED FEE.] The commissioner shall award a 
 60.10  stipulated fee not less than two-tenths of one percent of the 
 60.11  department's estimated cost of design and construction to each 
 60.12  short-listed, responsible proposer who provides a responsive but 
 60.13  unsuccessful proposal.  If the commissioner does not award a 
 60.14  contract, all short-listed proposers must receive the stipulated 
 60.15  fee.  If the commissioner cancels the contract before reviewing 
 60.16  the technical proposals, the commissioner shall award each 
 60.17  design-builder on the short list a stipulated fee of not less 
 60.18  than two-tenths of one percent of the commissioner's estimated 
 60.19  cost of design and construction.  The commissioner shall pay the 
 60.20  stipulated fee to each proposer within 90 days after the award 
 60.21  of the contract or the decision not to award a contract.  In 
 60.22  consideration for paying the stipulated fee, the commissioner 
 60.23  may use any ideas or information contained in the proposals in 
 60.24  connection with any contract awarded for the project or in 
 60.25  connection with a subsequent procurement, without any obligation 
 60.26  to pay any additional compensation to the unsuccessful proposers.
 60.27  Notwithstanding the other provisions of this subdivision, an 
 60.28  unsuccessful short-list proposer may elect to waive the 
 60.29  stipulated fee.  If an unsuccessful short-list proposer elects 
 60.30  to waive the stipulated fee, the commissioner may not use ideas 
 60.31  and information contained in that proposer's proposal.  Upon the 
 60.32  request of the commissioner, a proposer who waived a stipulated 
 60.33  fee may withdraw the waiver, in which case the commissioner 
 60.34  shall pay the stipulated fee to the proposer and thereafter may 
 60.35  use ideas and information in the proposer's proposal. 
 60.36     Subd. 4.  [LOW-BID DESIGN-BUILD PROCESS.] (a) The 
 61.1   commissioner may also use low-bid, design-build procedures to 
 61.2   award a design-build contract where the scope of the work can be 
 61.3   clearly defined. 
 61.4      (b) Low-bid design-build projects may require an RFQ and 
 61.5   short-listing, and must require an RFP. 
 61.6      (c) Submitted proposals under this subdivision must include 
 61.7   separately a technical proposal and a price proposal.  The 
 61.8   low-bid, design-build procedures must follow a two-step process 
 61.9   for review of the responses to the RFP as follows:  
 61.10     (1) The first step is the review of the technical proposal 
 61.11  by the technical review committee as provided in section 
 61.12  161.3420, subdivision 2.  The technical review committee must 
 61.13  open the technical proposal first and must determine if it 
 61.14  complies with the requirements of the RFP and is responsive.  
 61.15  The technical review committee may not perform any ranking or 
 61.16  scoring of the technical proposals.  
 61.17     (2) The second step is the determination of the low bidder 
 61.18  based on the price proposal.  The commissioner may not open the 
 61.19  price proposal until the review of the technical proposal is 
 61.20  complete. 
 61.21     (d) The contract award under low-bid, design-build 
 61.22  procedures must be made to the proposer whose sealed bid is 
 61.23  responsive to the technical requirements as determined by the 
 61.24  technical review committee and that is also the lowest bid. 
 61.25     (e) A stipulated fee may be paid for unsuccessful bids on 
 61.26  low-bid, design-build projects only when the commissioner has 
 61.27  required an RFQ and short-listed the most highly qualified 
 61.28  responsive bidders.  
 61.29     Subd. 5.  [REJECTION OF BIDS.] The commissioner may reject 
 61.30  all bids under this section. 
 61.31     Sec. 10.  [161.3428] [LIST OF DESIGN-BUILD CONTRACTS.] 
 61.32     Beginning September 1, 2002, and every subsequent year on 
 61.33  September 1, the commissioner shall submit to the governor, to 
 61.34  the chairs of the house ways and means and senate finance 
 61.35  committees, to the chairs of the house and senate committees 
 61.36  having jurisdiction over transportation policy and finance, and 
 62.1   the legislative reference library, a yearly listing of all 
 62.2   executed design-build contracts.  The report must identify the 
 62.3   contractor, contract amount, duration, and services to be 
 62.4   provided.  The list and summary must: 
 62.5      (1) be sorted by contractor; 
 62.6      (2) show the aggregate value of contracts issued by the 
 62.7   commissioner of transportation and issued to each contractor; 
 62.8   and 
 62.9      (3) state the termination date of each contract. 
 62.10     Sec. 11.  [EFFECTIVE DATE.] 
 62.11     Sections 1 to 10 are effective the day following final 
 62.12  enactment. 
 62.13                             ARTICLE 4
 62.14                  CRIMINAL JUSTICE APPROPRIATIONS 
 62.15  Section 1.  [APPROPRIATIONS.] 
 62.16     The sums shown in the columns marked "APPROPRIATIONS" are 
 62.17  appropriated from the general fund, or another named fund, to 
 62.18  the agencies and for the purposes specified in this article, to 
 62.19  be available for the fiscal years indicated for each purpose.  
 62.20  The figures "2001," "2002," and "2003," where used in this 
 62.21  article, mean that the appropriations listed under them are 
 62.22  available for the year ending June 30, 2001, June 30, 2002, or 
 62.23  June 30, 2003, respectively.  The term "first year" means the 
 62.24  year ending June 30, 2002, and the term "second year" means the 
 62.25  year ending June 30, 2003.  Appropriations for the year ending 
 62.26  June 30, 2001, are in addition to appropriations made in 
 62.27  previous years.  All 2001 appropriations in this article are 
 62.28  effective immediately on final enactment and do not cancel, but 
 62.29  are available until expended. 
 62.30                                             APPROPRIATIONS 
 62.31                                         Available for the Year 
 62.32                                             Ending June 30 
 62.33                                            2002         2003 
 62.34  Sec. 2.  SUPREME COURT 
 62.35  Subdivision 1.  Total 
 62.36  Appropriation                       $ ..,...,...   $ ..,...,...
 62.37  Subd. 2.  Supreme Court Operations 
 62.38       .,...,...      .,...,...
 63.1   Subd. 3.  Civil Legal Services
 63.2        .,...,...      .,...,...
 63.3   Subd. 4.  State Court Administration 
 63.4       ..,...,...     ..,...,...
 63.5   Subd. 5.  Law Library Operations 
 63.6        .,...,...      .,...,...
 63.7   Sec. 3.  COURT OF APPEALS              .,...,...      .,...,...
 63.8   Sec. 4.  DISTRICT COURTS             ...,...,...    ...,...,...
 63.9   Sec. 5.  BOARD ON JUDICIAL  
 63.10  STANDARDS                                ...,...        ...,...
 63.11  Sec. 6.  TAX COURT                       ...,...        ...,...
 63.12  Sec. 7.  HUMAN RIGHTS                  .,...,...      .,...,... 
 63.13  
 63.14  Sec. 8.  UNIFORM LAWS COMMISSION          ..,...         ..,... 
 63.15  Sec. 9.  TAX COURT DEFICIENCY          .,...,...      .,...,... 
 63.16  Sec. 10.  CRIME VICTIM 
 63.17  OMBUDSMAN                                ...,...        ...,...
 63.18  Sec. 11.  PUBLIC SAFETY
 63.19  Subdivision 1.  Total 
 63.20  Appropriation                         ..,...,...   ..,...,...
 63.21                Summary by Fund
 63.22                          2002          2003
 63.23  General             ..,...,...    ..,...,... 
 63.24  For 2001 - $16,300,000
 63.25  Special Revenue      .,...,...       ...,... 
 63.26  State Government 
 63.27  Special Revenue          .,...         .,...  
 63.28  Environmental           ..,...        ..,...  
 63.29  Trunk Highway          ...,...       ...,...   
 63.30  Subd. 2.  Emergency Management
 63.31                Summary by Fund
 63.32  General                .,...,...    .,...,...
 63.33  Environmental             ..,...       ..,...
 63.34  Subd. 3.  Criminal Apprehension 
 63.35                Summary by Fund
 63.36  General              ..,...,...   ..,...,...
 63.37  Special Revenue       .,...,...      ...,...
 63.38  State Government
 64.1   Special Revenue           .,...        .,...
 64.2   Trunk Highway           ...,...      ...,...
 64.3   Subd. 4.  Fire Marshal 
 64.4        .,...,...      .,...,...
 64.5   Subd. 5.  Alcohol and Gambling Enforcement
 64.6        .,...,...      .,...,...
 64.7   Subd. 6.  Crime Victim Services Center
 64.8       ..,...,...     ..,...,...
 64.9   Subd. 7.  Law Enforcement 
 64.10  and Community Grants
 64.11                Summary by Fund
 64.12  General               .,...,...     .,...,...
 64.13  Sec. 12.  BOARD OF PEACE OFFICER 
 64.14  STANDARDS AND TRAINING                 .,...,...      .,...,...
 64.15  Sec. 13.  BOARD OF PRIVATE  
 64.16  DETECTIVE AND PROTECTIVE AGENT 
 64.17  SERVICES                                 ...,...        ...,... 
 64.18  Sec. 14.  DEFICIENCY APPROPRIATION
 64.19  Subdivision 1.  Emergency Management Deficiency
 64.20                    Fiscal Year 2001
 64.21  General               .,...,...
 64.22  Sec. 15. SUNSET OF
 64.23  UNCODIFIED LANGUAGE
 64.24                             ARTICLE 5 
 64.25           PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS 
 64.26     Section 1.  Minnesota Statutes 2000, section 2.724, 
 64.27  subdivision 3, is amended to read: 
 64.28     Subd. 3.  [RETIRED JUSTICES AND JUDGES.] (a) The chief 
 64.29  justice of the supreme court may assign a retired justice of the 
 64.30  supreme court to act as a justice of the supreme court pursuant 
 64.31  to subdivision 2 or as a judge of any other court.  The chief 
 64.32  justice may assign a retired judge of any court to act as a 
 64.33  judge of any court except the supreme court.  A judge acting 
 64.34  pursuant to this paragraph shall receive pay and expenses in the 
 64.35  amount and manner provided by law for judges serving on the 
 64.36  court to which the retired judge is assigned, less the amount of 
 64.37  retirement pay which the judge is receiving The chief justice of 
 64.38  the supreme court shall determine the pay and expenses to be 
 65.1   received by a judge acting pursuant to this paragraph. 
 65.2      (b) A judge who has been elected to office and who has 
 65.3   retired as a judge in good standing and is not practicing law 
 65.4   may also be appointed to serve as judge of any court except the 
 65.5   supreme court.  A retired judge acting under this paragraph will 
 65.6   receive pay and expenses in the amount established by the 
 65.7   supreme court. 
 65.8      Sec. 2.  Minnesota Statutes 2000, section 13.87, is amended 
 65.9   by adding a subdivision to read: 
 65.10     Subd. 3.  [INTERNET ACCESS.] (a) Notwithstanding section 
 65.11  13.03, subdivision 3, paragraph (a), the bureau of criminal 
 65.12  apprehension may charge a fee for Internet access to public 
 65.13  criminal history data provided through August 1, 2003.  The fee 
 65.14  may not exceed $5 per inquiry or the amount needed to recoup the 
 65.15  actual cost of implementing and providing Internet access, 
 65.16  whichever is less.  
 65.17     (b) The Web site must include a notice to the subject of 
 65.18  data of the right to contest the accuracy or completeness of 
 65.19  data, as provided under section 13.04, subdivision 4, and 
 65.20  provide a telephone number and address that the subject may 
 65.21  contact for further information on this process.  
 65.22     (c) The Web site must include the effective date of data 
 65.23  that is posted.  
 65.24     (d) The Web site must include a description of the types of 
 65.25  criminal history data not available on the site, including 
 65.26  arrest data, juvenile data, criminal history data from other 
 65.27  states, federal data, data on convictions where 15 years have 
 65.28  elapsed since discharge of the sentence, and other data that are 
 65.29  not accessible to the public. 
 65.30     (e) A person who intends to access the Web site to obtain 
 65.31  information regarding an applicant for employment, housing, or 
 65.32  credit should disclose to the applicant the intention to do so.  
 65.33  The Web site must include a notice that a person obtaining such 
 65.34  access should notify the applicant that a background check using 
 65.35  this Web site may be conducted.  This paragraph does not create 
 65.36  a civil cause of action on behalf of the data subject. 
 66.1      Sec. 3.  Minnesota Statutes 2000, section 299A.64, 
 66.2   subdivision 1, is amended to read: 
 66.3      Subdivision 1.  [MEMBERSHIP OF COUNCIL.] The criminal gang 
 66.4   oversight council consists of the following individuals or their 
 66.5   designees:  the commissioner of public safety; the commissioner 
 66.6   of corrections; the superintendent of the bureau of criminal 
 66.7   apprehension; the attorney general; the chief law enforcement 
 66.8   officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a 
 66.9   chief of police selected by the president of the Minnesota 
 66.10  chiefs of police association; two sheriffs, one from a county in 
 66.11  the seven-county metropolitan area other than Hennepin or Ramsey 
 66.12  county and the other from a county outside the metropolitan 
 66.13  area, both selected by the president of the Minnesota sheriffs 
 66.14  association; the executive director of the Minnesota police and 
 66.15  peace officers association; and the Hennepin, Ramsey, St. Louis, 
 66.16  and Olmsted county sheriffs.  The council may select a chair 
 66.17  from among its members. 
 66.18     Sec. 4.  [299A.68] [FINANCIAL CRIMES INVESTIGATION TASK 
 66.19  FORCE ESTABLISHED.] 
 66.20     Subdivision 1.  [INVESTIGATION TASK FORCE ESTABLISHED.] A 
 66.21  group of two or more local governmental units may enter into an 
 66.22  agreement to establish a major financial crimes investigation 
 66.23  task force. 
 66.24     Subd. 2.  [INVESTIGATION TASK FORCE'S DUTIES.] The 
 66.25  investigation task force shall investigate consumer identity 
 66.26  theft cases and reported financial crimes from individuals and 
 66.27  businesses who are victims of such crimes.  The investigation 
 66.28  task force shall focus on financial crimes including, but not 
 66.29  limited to, statewide crimes such as:  theft, fraud, and forgery 
 66.30  crimes, including identity theft, check forgery, fraud in 
 66.31  obtaining credit, financial transaction card fraud, theft from 
 66.32  merchants, possession or sale of stolen or counterfeit checks, 
 66.33  issuance of dishonored checks, creation or use of counterfeit 
 66.34  state identification, obtaining counterfeit state 
 66.35  identification, fraudulent Internet transactions, fraudulent 
 66.36  merchandise returns, and other related financial crimes.  In 
 67.1   particular, the investigation task force shall investigate 
 67.2   individuals, based on their criminal activity, who: 
 67.3      (1) commit multiple cross-jurisdictional financial crimes; 
 67.4      (2) employ computers and other sophisticated technology to 
 67.5   counterfeit documents or commit fraud; or 
 67.6      (3) illegally obtain consumer information for identity 
 67.7   theft. 
 67.8      Subd. 3.  [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 
 67.9   The local governmental units that agree to form and participate 
 67.10  in a single centralized financial crimes investigation task 
 67.11  force shall oversee the investigation task force's operation by 
 67.12  establishing procedures and guidelines in their agreement.  The 
 67.13  agreement must be addressed in a memorandum of understanding and 
 67.14  signed by the person in charge of each participating local unit 
 67.15  of government which shall address the following: 
 67.16     (1) the command structure of the investigation task force; 
 67.17     (2) acquisition and liquidation of equipment, office space, 
 67.18  and transportation; 
 67.19     (3) procedures for contracting for necessary administrative 
 67.20  support; 
 67.21     (4) selection and assignment of members; 
 67.22     (5) transfer of investigation task force members; 
 67.23     (6) resolution of disputes between participating local 
 67.24  governmental units; 
 67.25     (7) requirements and procedures for all workers' 
 67.26  compensation and other liability to remain the responsibility of 
 67.27  each member's employing agency; and 
 67.28     (8) all other issues deemed pertinent by the participating 
 67.29  local governmental units. 
 67.30     Subd. 4.  [COMMANDER.] The participating local governmental 
 67.31  units shall select a commander to direct the investigation task 
 67.32  force.  The commander shall make tactical decisions regarding 
 67.33  the commencement, continuation, and conclusion of investigations 
 67.34  of crimes within the investigation task force's jurisdiction.  
 67.35  The commander shall also report annually to the bureau of 
 67.36  criminal apprehension as required in subdivision 10. 
 68.1      Subd. 5.  [MEMBERS.] The investigation task force may 
 68.2   include law enforcement officers, prosecutors, federal law 
 68.3   enforcement officers, and investigators from local governmental 
 68.4   units who are selected by their supervisors to participate in 
 68.5   the investigation task force.  All law enforcement officers 
 68.6   selected to join the investigation task force must be licensed 
 68.7   peace officers under section 626.84, subdivision 1, or qualified 
 68.8   federal law enforcement officers as defined in section 
 68.9   626.8453.  Members shall remain employees of the same entity 
 68.10  that employed them before joining the investigation task force.  
 68.11  Compensation, personnel evaluations, grievances, merit 
 68.12  increases, and liability insurance coverage, such as general, 
 68.13  personal, vehicle, and professional liability insurance, shall 
 68.14  be covered by each member's employing agency.  Members of the 
 68.15  financial crimes task force are not employees of the state. 
 68.16     Subd. 6.  [JURISDICTION.] Law enforcement officers who are 
 68.17  members of the investigation task force shall have statewide 
 68.18  jurisdiction to conduct criminal investigations into financial 
 68.19  crimes as described in subdivision 2 and possess the same powers 
 68.20  of arrest as those possessed by a sheriff. 
 68.21     Officers assigned to the financial crimes task force shall 
 68.22  follow their county arrest procedures, booking processes, 
 68.23  reporting processes, county attorney charging requirements, and 
 68.24  appropriate notification protocols to local and county sheriff 
 68.25  agencies where arrests are made and search warrants executed.  
 68.26  The commander of the task force is responsible for ensuring 
 68.27  compliance with applicable local practices and procedures. 
 68.28     Subd. 7.  [COLLABORATION WITH OTHER PROSECUTORS AND LAW 
 68.29  ENFORCEMENT OFFICERS.] To the greatest degree possible, the 
 68.30  investigation task force shall cooperate and collaborate with 
 68.31  existing prosecutorial offices and law enforcement agencies. 
 68.32     Subd. 8.  [PROSECUTOR.] A participating local governmental 
 68.33  unit may seek a grant for reimbursement for the time and 
 68.34  resources that a prosecutor and the prosecutor's staff dedicate 
 68.35  to the investigation task force.  In order to receive a grant 
 68.36  under this subdivision, a participating local governmental unit 
 69.1   must provide a 25 percent match in nonstate funds or in-kind 
 69.2   contributions either directly from its budget or from businesses 
 69.3   directly donating support.  A participating prosecutor shall 
 69.4   remain an employee of the contributing county. 
 69.5      Subd. 9.  [FORFEITURE.] Property seized by the 
 69.6   investigation task force is subject to forfeiture pursuant to 
 69.7   sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 
 69.8   cannot be established.  The investigation task force shall 
 69.9   receive the proceeds from the sale of all property that it 
 69.10  properly seizes and that is forfeited. 
 69.11     Subd. 10.  [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 
 69.12  the commander of the investigation task force shall report 
 69.13  annually to the commissioner on the activities of the 
 69.14  investigation task force and the use of grants awarded under 
 69.15  article 1, section 13, subdivision 7. 
 69.16     (b) By March 1, 2003, the commissioner of public safety 
 69.17  shall report to the chairs and ranking minority members of the 
 69.18  house of representatives and senate committees and divisions 
 69.19  having jurisdiction over criminal justice policy and funding on 
 69.20  the activities of the investigation task force and the use of 
 69.21  grants awarded under article 1, section 13, subdivision 7. 
 69.22     Subd. 11.  [EXPIRATION.] This section expires on June 30, 
 69.23  2003. 
 69.24     Sec. 5.  Minnesota Statutes 2000, section 299C.10, 
 69.25  subdivision 1, is amended to read: 
 69.26     Subdivision 1.  [LAW ENFORCEMENT DUTY REQUIRED 
 69.27  FINGERPRINTING.] (a) It is hereby made the duty of the Sheriffs 
 69.28  of the respective counties, of the police, peace officers in 
 69.29  cities of the first, second, and third classes, under the 
 69.30  direction of the chiefs of police in such cities, and of 
 69.31  community corrections agencies operating secure juvenile 
 69.32  detention facilities to shall take or cause to be taken 
 69.33  immediately finger and thumb prints, photographs, distinctive 
 69.34  physical mark identification data, information on any known 
 69.35  aliases or street names, and other identification data requested 
 69.36  or required by the superintendent of the bureau, of the 
 70.1   following: 
 70.2      (1) persons arrested for, appearing in court on a charge 
 70.3   of, or convicted of a felony or, gross misdemeanor, or targeted 
 70.4   misdemeanor; 
 70.5      (2) juveniles arrested for, appearing in court on a charge 
 70.6   of, adjudicated delinquent for, or alleged to have committed 
 70.7   felonies or gross misdemeanors as distinguished from those 
 70.8   committed by adult offenders; 
 70.9      (3) persons reasonably believed by the arresting officer to 
 70.10  be fugitives from justice; 
 70.11     (4) persons in whose possession, when arrested, are found 
 70.12  concealed firearms or other dangerous weapons, burglar tools or 
 70.13  outfits, high-power explosives, or articles, machines, or 
 70.14  appliances usable for an unlawful purpose and reasonably 
 70.15  believed by the arresting officer to be intended for such 
 70.16  purposes; and 
 70.17     (5)  juveniles referred by a law enforcement agency to a 
 70.18  diversion program for a felony or gross misdemeanor offense. 
 70.19  Unless the superintendent of the bureau requires a shorter 
 70.20  period, within 24 hours the fingerprint records and other 
 70.21  identification data specified under this paragraph must be 
 70.22  forwarded to the bureau of criminal apprehension on such forms 
 70.23  and in such manner as may be prescribed by the superintendent of 
 70.24  the bureau of criminal apprehension. 
 70.25     (b) Effective August 1, 1997, the identification reporting 
 70.26  requirements shall also apply to persons arrested for or alleged 
 70.27  to have committed targeted misdemeanor offenses and juveniles 
 70.28  arrested for or alleged to have committed gross misdemeanors.  
 70.29  In addition, the reporting requirements shall include any known 
 70.30  aliases or street names of the offenders Prosecutors, courts, 
 70.31  and probation officers shall attempt to ensure that the required 
 70.32  identification data is taken on a person described in paragraph 
 70.33  (a). 
 70.34     (c) For purposes of this section, a targeted misdemeanor is 
 70.35  a misdemeanor violation of section 169A.20 (driving while 
 70.36  impaired), 518B.01 (order for protection violation), 609.224 
 71.1   (fifth degree assault), 609.2242 (domestic assault), 609.746 
 71.2   (interference with privacy), 609.748 (harassment or restraining 
 71.3   order violation), or 617.23 (indecent exposure). 
 71.4      Sec. 6.  Minnesota Statutes 2000, section 299C.11, is 
 71.5   amended to read: 
 71.6      299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
 71.7      (a) The Each sheriff of each county and the chief of police 
 71.8   of each city of the first, second, and third classes shall 
 71.9   furnish the bureau, upon such form as the superintendent shall 
 71.10  prescribe, with such finger and thumb prints, photographs, 
 71.11  distinctive physical mark identification data, information on 
 71.12  known aliases and street names, and other identification data as 
 71.13  may be requested or required by the superintendent of the 
 71.14  bureau, which may must be taken under the provisions of section 
 71.15  299C.10, of persons who shall be convicted of a felony, gross 
 71.16  misdemeanor, or who shall be.  In addition, sheriffs and chiefs 
 71.17  of police shall furnish this identification data to the bureau 
 71.18  for individuals found to have been convicted of a felony or, 
 71.19  gross misdemeanor, or targeted misdemeanor, within the ten years 
 71.20  next immediately preceding their arrest.  
 71.21     (b) No petition under chapter 609A is required if the 
 71.22  person has not been convicted of any felony or gross 
 71.23  misdemeanor, either within or without the state, within the 
 71.24  period of ten years immediately preceding the determination of 
 71.25  all pending criminal actions or proceedings in favor of the 
 71.26  arrested person, and either of the following occurred: 
 71.27     (1) all charges were dismissed prior to a determination of 
 71.28  probable cause; or 
 71.29     (2) the prosecuting authority declined to file any charges 
 71.30  and a grand jury did not return an indictment. 
 71.31  Where these conditions are met, the bureau or agency shall, upon 
 71.32  demand, return to the arrested person finger and thumb prints, 
 71.33  photographs, distinctive physical mark identification data, 
 71.34  information on known aliases and street names, and other 
 71.35  identification data, and all copies and duplicates of them. 
 71.36     (c) Except as otherwise provided in paragraph (b), upon the 
 72.1   determination of all pending criminal actions or proceedings in 
 72.2   favor of the arrested person, and the granting of the petition 
 72.3   of the arrested person under chapter 609A, the bureau shall seal 
 72.4   finger and thumb prints, photographs, distinctive physical mark 
 72.5   identification data, information on known aliases and street 
 72.6   names, and other identification data, and all copies and 
 72.7   duplicates of them if the arrested person has not been convicted 
 72.8   of any felony or gross misdemeanor, either within or without the 
 72.9   state, within the period of ten years immediately preceding such 
 72.10  determination. 
 72.11     (d) DNA samples and DNA records of the arrested person 
 72.12  shall not be returned, sealed, or destroyed as to a charge 
 72.13  supported by probable cause.  
 72.14     (e) For purposes of this section,: 
 72.15     (1) "determination of all pending criminal actions or 
 72.16  proceedings in favor of the arrested person" does not include: 
 72.17     (1) (i) the sealing of a criminal record pursuant to 
 72.18  section 152.18, subdivision 1, 242.31, or chapter 609A; 
 72.19     (2) (ii) the arrested person's successful completion of a 
 72.20  diversion program; 
 72.21     (3) (iii) an order of discharge under section 609.165; or 
 72.22     (4) (iv) a pardon granted under section 638.02; and 
 72.23     (2) "targeted misdemeanor" has the meaning given in section 
 72.24  299C.10, subdivision 1. 
 72.25     Sec. 7.  [299C.111] [SUSPENSE FILE REPORTING.] 
 72.26     (a) By June 1 and December 1 of each year, the 
 72.27  superintendent shall: 
 72.28     (1) provide an entity or individual having responsibility 
 72.29  regarding identification data under section 299C.10 and the 
 72.30  criminal and juvenile justice information policy group with 
 72.31  summary data on the number of disposition records pertaining to 
 72.32  the entity or individual that have not been linked to an arrest 
 72.33  record; and 
 72.34     (2) provide the criminal and juvenile justice information 
 72.35  policy group with the number of identification records not 
 72.36  entered on the automated fingerprint identification system and 
 73.1   the criminal history files. 
 73.2      (b) The superintendent shall immediately notify the 
 73.3   appropriate entity or individual when a disposition record is 
 73.4   received that cannot be linked to an arrest record. 
 73.5      Sec. 8.  Minnesota Statutes 2000, section 299C.65, 
 73.6   subdivision 1, is amended to read: 
 73.7      Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The criminal and 
 73.8   juvenile justice information policy group consists of the 
 73.9   commissioner of corrections, the commissioner of public safety, 
 73.10  the commissioner of administration, the commissioner of finance, 
 73.11  and four members of the judicial branch appointed by the chief 
 73.12  justice of the supreme court.  The policy group may appoint 
 73.13  additional, nonvoting members as necessary from time to time. 
 73.14     (b) The commissioner of public safety is designated as the 
 73.15  chair of the policy group.  The commissioner and the policy 
 73.16  group have overall responsibility for the successful completion 
 73.17  of statewide criminal justice information system integration 
 73.18  (CriMNet).  The policy group may hire a program manager to 
 73.19  manage the CriMNet projects and to be responsible for the 
 73.20  day-to-day operations of CriMNet.  The policy group must ensure 
 73.21  that generally accepted project management techniques are 
 73.22  utilized for each CriMNet project, including: 
 73.23     (1) clear sponsorship; 
 73.24     (2) scope management; 
 73.25     (3) project planning, control, and execution; 
 73.26     (4) continuous risk assessment and mitigation; 
 73.27     (5) cost management; 
 73.28     (6) quality management reviews; 
 73.29     (7) communications management; and 
 73.30     (8) proven methodology. 
 73.31     (c) Products and services for CriMNet project management, 
 73.32  system design, implementation, and for application hosting must 
 73.33  be acquired using an appropriate procurement process, which 
 73.34  includes: 
 73.35     (1) a determination of required products and services; 
 73.36     (2) a request for proposal development and identification 
 74.1   of potential sources; 
 74.2      (3) competitive bid solicitation, evaluation, and 
 74.3   selection; and 
 74.4      (4) contract administration and close-out. 
 74.5      (d) The policy group shall study and make recommendations 
 74.6   to the governor, the supreme court, and the legislature on:  
 74.7      (1) a framework for integrated criminal justice information 
 74.8   systems, including the development and maintenance of a 
 74.9   community data model for state, county, and local criminal 
 74.10  justice information; 
 74.11     (2) the responsibilities of each entity within the criminal 
 74.12  and juvenile justice systems concerning the collection, 
 74.13  maintenance, dissemination, and sharing of criminal justice 
 74.14  information with one another; 
 74.15     (3) actions necessary to ensure that information maintained 
 74.16  in the criminal justice information systems is accurate and 
 74.17  up-to-date; 
 74.18     (4) the development of an information system containing 
 74.19  criminal justice information on gross misdemeanor-level and 
 74.20  felony-level juvenile offenders that is part of the integrated 
 74.21  criminal justice information system framework; 
 74.22     (5) the development of an information system containing 
 74.23  criminal justice information on misdemeanor arrests, 
 74.24  prosecutions, and convictions that is part of the integrated 
 74.25  criminal justice information system framework; 
 74.26     (6) comprehensive training programs and requirements for 
 74.27  all individuals in criminal justice agencies to ensure the 
 74.28  quality and accuracy of information in those systems; 
 74.29     (7) continuing education requirements for individuals in 
 74.30  criminal justice agencies who are responsible for the 
 74.31  collection, maintenance, dissemination, and sharing of criminal 
 74.32  justice data; 
 74.33     (8) a periodic audit process to ensure the quality and 
 74.34  accuracy of information contained in the criminal justice 
 74.35  information systems; 
 74.36     (9) the equipment, training, and funding needs of the state 
 75.1   and local agencies that participate in the criminal justice 
 75.2   information systems; 
 75.3      (10) the impact of integrated criminal justice information 
 75.4   systems on individual privacy rights; 
 75.5      (11) the impact of proposed legislation on the criminal 
 75.6   justice system, including any fiscal impact, need for training, 
 75.7   changes in information systems, and changes in processes; 
 75.8      (12) the collection of data on race and ethnicity in 
 75.9   criminal justice information systems; 
 75.10     (13) the development of a tracking system for domestic 
 75.11  abuse orders for protection; 
 75.12     (14) processes for expungement, correction of inaccurate 
 75.13  records, destruction of records, and other matters relating to 
 75.14  the privacy interests of individuals; and 
 75.15     (15) the development of a database for extended 
 75.16  jurisdiction juvenile records and whether the records should be 
 75.17  public or private and how long they should be retained.  
 75.18     Sec. 9.  Minnesota Statutes 2000, section 299C.65, 
 75.19  subdivision 2, is amended to read: 
 75.20     Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
 75.21  file an annual report with the governor, supreme court, and 
 75.22  chairs and ranking minority members of the senate and house 
 75.23  committees and divisions with jurisdiction over criminal justice 
 75.24  funding and policy by December 1 of each year.  
 75.25     (b) The report must make recommendations concerning any 
 75.26  legislative changes or appropriations that are needed to ensure 
 75.27  that the criminal justice information systems operate accurately 
 75.28  and efficiently.  To assist them in developing their 
 75.29  recommendations, the policy group shall appoint a task force 
 75.30  consisting of its members or their designees and the following 
 75.31  additional members:  
 75.32     (1) the director of the office of strategic and long-range 
 75.33  planning; 
 75.34     (2) two sheriffs recommended by the Minnesota sheriffs 
 75.35  association; 
 75.36     (3) two police chiefs recommended by the Minnesota chiefs 
 76.1   of police association; 
 76.2      (4) two county attorneys recommended by the Minnesota 
 76.3   county attorneys association; 
 76.4      (5) two city attorneys recommended by the Minnesota league 
 76.5   of cities; 
 76.6      (6) two public defenders appointed by the board of public 
 76.7   defense; 
 76.8      (7) two district judges appointed by the conference of 
 76.9   chief judges, one of whom is currently assigned to the juvenile 
 76.10  court; 
 76.11     (8) two community corrections administrators recommended by 
 76.12  the Minnesota association of counties, one of whom represents a 
 76.13  community corrections act county; 
 76.14     (9) two probation officers; 
 76.15     (10) four public members, one of whom has been a victim of 
 76.16  crime, and two who are representatives of the private business 
 76.17  community who have expertise in integrated information systems; 
 76.18     (11) two court administrators; 
 76.19     (12) one member of the house of representatives appointed 
 76.20  by the speaker of the house; 
 76.21     (13) one member of the senate appointed by the majority 
 76.22  leader; 
 76.23     (14) the attorney general or a designee; 
 76.24     (15) the commissioner of administration or a designee; 
 76.25     (16) an individual recommended by the Minnesota league of 
 76.26  cities; and 
 76.27     (17) an individual recommended by the Minnesota association 
 76.28  of counties. 
 76.29  In making these appointments, the appointing authority shall 
 76.30  select members with expertise in integrated data systems or best 
 76.31  practices.  
 76.32     (c) The commissioner of public safety may appoint 
 76.33  additional, nonvoting members to the task force as necessary 
 76.34  from time to time. 
 76.35     Sec. 10.  Minnesota Statutes 2000, section 357.021, 
 76.36  subdivision 6, is amended to read: 
 77.1      Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
 77.2   (a) The court shall impose and the court administrator shall 
 77.3   collect a $25 $28 surcharge on every person convicted of any 
 77.4   felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
 77.5   offense, other than a violation of a law or ordinance relating 
 77.6   to vehicle parking.  The surcharge shall be imposed whether or 
 77.7   not the person is sentenced to imprisonment or the sentence is 
 77.8   stayed.  
 77.9      (b) If the court fails to impose a surcharge as required by 
 77.10  this subdivision, the court administrator shall show the 
 77.11  imposition of the $25 $28 surcharge, collect the surcharge and 
 77.12  correct the record. 
 77.13     (c) The court may not waive payment of the surcharge 
 77.14  required under this subdivision.  Upon a showing of indigency or 
 77.15  undue hardship upon the convicted person or the convicted 
 77.16  person's immediate family, the sentencing court may authorize 
 77.17  payment of the surcharge in installments. 
 77.18     (d) The court administrator or other entity collecting a 
 77.19  surcharge shall forward it to the state treasurer. 
 77.20     (e) If the convicted person is sentenced to imprisonment 
 77.21  and has not paid the surcharge before the term of imprisonment 
 77.22  begins, the chief executive officer of the correctional facility 
 77.23  in which the convicted person is incarcerated shall collect the 
 77.24  surcharge from any earnings the inmate accrues from work 
 77.25  performed in the facility or while on conditional release.  The 
 77.26  chief executive officer shall forward the amount collected to 
 77.27  the state treasurer. 
 77.28     Sec. 11.  Minnesota Statutes 2000, section 357.021, 
 77.29  subdivision 7, is amended to read: 
 77.30     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
 77.31  (a) The state treasurer shall disburse surcharges $25 out of 
 77.32  each $28 surcharge received under subdivision 6 and section 
 77.33  97A.065, subdivision 2, as follows: 
 77.34     (1) one percent of the surcharge shall be credited to the 
 77.35  game and fish fund to provide peace officer training for 
 77.36  employees of the department of natural resources who are 
 78.1   licensed under sections 626.84 to 626.863, and who possess peace 
 78.2   officer authority for the purpose of enforcing game and fish 
 78.3   laws; 
 78.4      (2) 39 percent of the surcharge shall be credited to the 
 78.5   peace officers training account in the special revenue fund; and 
 78.6      (3) 60 percent of the surcharge shall be credited to the 
 78.7   general fund.  
 78.8      (b) Out of each $28 surcharge received under subdivision 6 
 78.9   and section 97A.065, subdivision 2, $3 must be credited to a 
 78.10  criminal justice special projects account in the special revenue 
 78.11  fund.  This account is available for appropriation to the 
 78.12  commissioner of public safety for grants to law enforcement 
 78.13  agencies and for other purposes authorized by the legislature. 
 78.14     Sec. 12.  [609.118] [FINGERPRINTING REQUIRED.] 
 78.15     (a) When a person is convicted of a felony, gross 
 78.16  misdemeanor, or targeted misdemeanor, as defined in section 
 78.17  299C.10, subdivision 1, or is adjudicated delinquent for a 
 78.18  felony or gross misdemeanor, the court shall order the offender 
 78.19  to immediately report to the law enforcement agency responsible 
 78.20  for the collection of fingerprint and other identification data 
 78.21  required under section 299C.10, regardless of the sentence 
 78.22  imposed or executed. 
 78.23     (b) Paragraph (a) does not apply if the person is remanded 
 78.24  to the custody of a law enforcement agency or if the 
 78.25  identification data was collected prior to the conviction or 
 78.26  adjudication for the offense. 
 78.27     (c) A person who fails to obey a court order under 
 78.28  paragraph (a) is subject to probation revocation, contempt of 
 78.29  court, or any other appropriate remedy. 
 78.30     (d) This section does not limit or restrict any other 
 78.31  statutory requirements or local policies regarding the 
 78.32  collection of identification data. 
 78.33     Sec. 13.  [626.8471] [AVOIDING RACIAL PROFILING; POLICIES 
 78.34  AND LEARNING OBJECTIVES REQUIRED.] 
 78.35     Subdivision 1.  [PURPOSE.] The legislature finds that the 
 78.36  reality or public perception of racial profiling alienates 
 79.1   people from police, hinders community policing efforts, and 
 79.2   causes law enforcement to lose credibility and trust among the 
 79.3   people law enforcement is sworn to protect and serve.  No stop 
 79.4   initiated by a peace officer should be made without a legitimate 
 79.5   reason; race, ethnicity, or national origin alone should never 
 79.6   provide a sufficient reason.  Law enforcement policies and 
 79.7   training programs must emphasize the need to respect the balance 
 79.8   between the rights of all persons to be free from unreasonable 
 79.9   governmental intrusions and law enforcement's need to enforce 
 79.10  the law. 
 79.11     Subd. 2.  [DEFINITION.] "Racial profiling" means any action 
 79.12  initiated by law enforcement that relies upon the race, 
 79.13  ethnicity, or national origin of an individual rather than: 
 79.14     (1) the behavior of that individual; or 
 79.15     (2) information that leads law enforcement to a particular 
 79.16  individual who has been identified as being engaged in or having 
 79.17  been engaged in criminal activity.  
 79.18     Racial profiling includes use of racial or ethnic 
 79.19  stereotypes as factors in selecting whom to stop and search.  
 79.20  Racial profiling does not include law enforcement's use of race 
 79.21  or ethnicity to determine whether a person matches a specific 
 79.22  description of a particular subject.  
 79.23     Subd. 3.  [STATEWIDE MODEL POLICY.] (a) The board of peace 
 79.24  officer standards and training shall consult with the Minnesota 
 79.25  chiefs of police association, the Minnesota sheriffs 
 79.26  association, the racial profiling advisory committee, and the 
 79.27  Minnesota police and peace officers association in developing an 
 79.28  antiracial profiling model policy governing the conduct of peace 
 79.29  officers engaged in stops of citizens.  This policy shall define 
 79.30  racial profiling and identify conduct that violates the law.  
 79.31  The policy must also include a duty to give the officer's name 
 79.32  or badge number and identify the officer's department during 
 79.33  routine traffic stops.  
 79.34     (b) The board shall adopt a model policy and distribute the 
 79.35  model policy to all chief law enforcement officers by August 1, 
 79.36  2001. 
 80.1      Subd. 4.  [AGENCY POLICIES REQUIRED.] (a) By November 1, 
 80.2   2001, the chief law enforcement officer of every state and local 
 80.3   law enforcement agency must establish and enforce a written 
 80.4   antiracial profiling policy governing the conduct of peace 
 80.5   officers engaged in stops of citizens.  The chief law 
 80.6   enforcement officer shall ensure that each peace officer 
 80.7   receives a copy of the agency's antiracial profiling policy.  
 80.8   The chief law enforcement officer also must ensure that each 
 80.9   peace officer is aware of the policy's purpose and the conduct 
 80.10  prohibited by it.  
 80.11     (b) The policy must, at a minimum, comply with the 
 80.12  requirements of the model policy adopted by the board under 
 80.13  subdivision 3. 
 80.14     (c) Every state and local law enforcement agency must 
 80.15  certify to the board that it has adopted a written policy in 
 80.16  compliance with the board's model policy. 
 80.17     (d) The board shall assist the chief law enforcement 
 80.18  officer of each state and local law enforcement agency in 
 80.19  developing and implementing antiracial profiling policies under 
 80.20  this subdivision. 
 80.21     Subd. 5.  [PRESERVICE TRAINING LEARNING OBJECTIVES; 
 80.22  REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare 
 80.23  learning objectives for preservice training to instruct peace 
 80.24  officers in avoiding racial profiling when making stops of 
 80.25  citizens.  These learning objectives shall be included in the 
 80.26  required curriculum of professional peace officer education 
 80.27  programs.  
 80.28     (b) An individual is not eligible to take the peace officer 
 80.29  licensing examination or the part-time peace officer licensing 
 80.30  examination on or after June 1, 2002, unless:  
 80.31     (1) the individual has received the training described in 
 80.32  paragraph (a); and 
 80.33     (2) the individual has completed a psychological evaluation 
 80.34  demonstrating that the individual is not likely to engage in 
 80.35  racial profiling. 
 80.36     Subd. 6.  [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 
 81.1   August 1, 2001, the board shall prepare learning objectives for 
 81.2   in-service training to instruct peace officers in avoiding 
 81.3   racial profiling when making stops of citizens.  The board shall 
 81.4   evaluate and monitor in-service training courses to ensure they 
 81.5   satisfy the learning objectives. 
 81.6      Subd. 7.  [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS; 
 81.7   REQUIREMENTS.] The executive director of the board of peace 
 81.8   officer standards and training shall prepare training materials 
 81.9   to provide chief law enforcement officers and other peace 
 81.10  officers with supervisory authority with information on how to 
 81.11  detect and respond to racial profiling by peace officers under 
 81.12  their command.  The training materials must address both the 
 81.13  agency's antiracial profiling policy and procedural components 
 81.14  aimed at eliminating racial profiling in stops of citizens.  The 
 81.15  materials must include information on federal and state 
 81.16  constitutional and statutory laws prohibiting discrimination by 
 81.17  law enforcement.  The procedural information must describe 
 81.18  conduct that is unlawful or inappropriate and present guidelines 
 81.19  for reinforcing techniques that are lawful and appropriate.  The 
 81.20  procedural information shall discuss appropriate search and 
 81.21  seizure and interviewing techniques. 
 81.22     Subd. 8.  [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 
 81.23  board has authority to inspect state and local agency policies 
 81.24  to ensure compliance with subdivision 4.  The board may conduct 
 81.25  this inspection based upon a complaint it receives about a 
 81.26  particular agency or through a random selection process. 
 81.27     Sec. 14.  [626.8515] [CERTAIN BACCALAUREATE DEGREE HOLDERS 
 81.28  ELIGIBLE TO TAKE LICENSING EXAMINATION.] 
 81.29     A person with a baccalaureate degree from an accredited 
 81.30  college or university who has successfully completed a 
 81.31  board-certified practical skills oriented basic training course 
 81.32  is eligible to take the peace officer licensing examination. 
 81.33     Sec. 15.  [626.8517] [ELIGIBILITY FOR RECIPROCITY 
 81.34  EXAMINATION BASED ON RELEVANT MILITARY EXPERIENCE.] 
 81.35     (a) For purposes of this section, "relevant military 
 81.36  experience" means five years of active duty military police 
 82.1   service. 
 82.2      (b) A person who has relevant military experience and who 
 82.3   has been honorably discharged from the military is eligible to 
 82.4   take the reciprocity examination. 
 82.5      Sec. 16.  [626.951] [RACIAL PROFILING STUDY; REPORT 
 82.6   REQUIRED.] 
 82.7      Subdivision 1.  [RACIAL PROFILING STUDY.] (a) The 
 82.8   commissioner of public safety shall oversee a statewide study on 
 82.9   traffic stops of citizens to determine whether racial profiling 
 82.10  exists.  Law enforcement agencies that decide to participate in 
 82.11  the study shall follow the procedures set forth by this 
 82.12  section.  Agencies that receive state money for the installation 
 82.13  of video cameras in police vehicles shall participate in the 
 82.14  study. 
 82.15     (b) The data that must be collected as part of this study 
 82.16  include: 
 82.17     (1) the location of the stop; 
 82.18     (2) the date and time of the stop; 
 82.19     (3) the age, race/ethnicity, and gender of the driver; 
 82.20     (4) the traffic violation or reason that led to the stop; 
 82.21     (5) the disposition of the stop, arrest, citation, warning, 
 82.22  or no action; 
 82.23     (6) whether a search was conducted of the driver, 
 82.24  passengers, or vehicle; 
 82.25     (7) if a search was conducted, the authority for the 
 82.26  search; 
 82.27     (8) if a search was conducted, whether any contraband was 
 82.28  discovered or seized and the nature of the contraband; 
 82.29     (9) whether the officer knew the race/ethnicity of the 
 82.30  driver before the stop; and 
 82.31     (10) the law enforcement agency's code. 
 82.32     (c) The time period of the study shall be 12 months, 
 82.33  beginning on January 1, 2002, and ending December 31, 2002.  
 82.34     (d) The elements listed in paragraph (b) are the minimum 
 82.35  that a law enforcement agency participating in the study must 
 82.36  collect.  Nothing in this section prohibits an agency from 
 83.1   voluntarily collecting additional data elements.  If an agency 
 83.2   collects additional data elements, the data are classified as 
 83.3   provided in subdivision 7. 
 83.4      Subd. 2.  [SUBMISSION OF DATA TO COMMISSIONER.] On a 
 83.5   frequency determined by the commissioner of public safety, each 
 83.6   chief law enforcement officer of a law enforcement agency 
 83.7   participating in the study shall submit to the commissioner the 
 83.8   data described in subdivision 1 for each traffic stop conducted 
 83.9   by the agency's law enforcement officers. 
 83.10     Subd. 3.  [METHOD OF DATA COLLECTION.] A chief law 
 83.11  enforcement officer may collect and submit the data described in 
 83.12  this section electronically, if the method of doing so is 
 83.13  compatible with the department of public safety's computer 
 83.14  system, or on paper forms supplied by the commissioner of public 
 83.15  safety. 
 83.16     Subd. 4.  [OUTSIDE EXPERT.] The commissioners of 
 83.17  administration and public safety shall retain a sufficiently 
 83.18  experienced and independent organization or individual to: 
 83.19     (1) design and oversee the data collection process 
 83.20  described in this section; 
 83.21     (2) develop baseline measures to analyze the data 
 83.22  collected; 
 83.23     (3) develop and implement a data compliance auditing 
 83.24  process that ensures the accuracy of data collected through, 
 83.25  among other things, periodic spot checks; and 
 83.26     (4) analyze the data collected. 
 83.27     Subd. 5.  [OTHER DUTIES OF COMMISSIONER.] The commissioner 
 83.28  of public safety shall: 
 83.29     (1) ensure that data forwarded to the commissioner under 
 83.30  this section is entered into a central database in a timely 
 83.31  manner; 
 83.32     (2) cooperate with the outside expert to facilitate the 
 83.33  ability of the expert to fulfill its duties under this section, 
 83.34  including allowing the expert sufficient access to the compiled 
 83.35  data; and 
 83.36     (3) develop and distribute to law enforcement agencies 
 84.1   participating in the study a paper form to collect the data.  
 84.2      Subd. 6.  [REPORT REQUIRED.] The outside expert shall 
 84.3   analyze the data collected to determine the degree to which, if 
 84.4   at all, racial profiling occurs in traffic stops made by law 
 84.5   enforcement agencies participating in the study within the 
 84.6   state.  By December 1, 2003, the expert shall report the results 
 84.7   of the analysis to the chairs of the senate and house committees 
 84.8   having jurisdiction over criminal justice policy. 
 84.9      Subd. 7.  [DATA.] If law enforcement agencies collect data 
 84.10  for purposes of traffic stops, the data collected, including 
 84.11  video data, are private data on individuals or nonpublic data as 
 84.12  defined in section 13.02.  This subdivision does not affect the 
 84.13  classification of the same data collected for other law 
 84.14  enforcement purposes.  
 84.15     Sec. 17.  [626.9513] [RACIAL PROFILING ADVISORY COMMITTEE.] 
 84.16     Subdivision 1.  [COMMITTEE ESTABLISHED; MEMBERS.] (a) The 
 84.17  racial profiling advisory committee consists of the following 
 84.18  individuals or their designees: 
 84.19     (1) the executive director of the Minnesota chiefs of 
 84.20  police association; 
 84.21     (2) the executive director of the Minnesota police and 
 84.22  peace officers association; 
 84.23     (3) the executive director of the Minnesota sheriffs 
 84.24  association; 
 84.25     (4) a chief of police, selected by the Minnesota chiefs of 
 84.26  police association; 
 84.27     (5) a member of the Minnesota police and peace officers 
 84.28  association, selected by the association; 
 84.29     (6) the executive director of the council on Asian-Pacific 
 84.30  Minnesotans; 
 84.31     (7) the executive director of the council on Black 
 84.32  Minnesotans; 
 84.33     (8) the executive director of the council on Indian 
 84.34  affairs; 
 84.35     (9) the executive director of the council on Chicano-Latino 
 84.36  people affairs; 
 85.1      (10) the executive director of an Urban League chapter, 
 85.2   selected by agreement of the executive directors of the Urban 
 85.3   League chapters within the state; 
 85.4      (11) the president of a National Association for the 
 85.5   Advancement of Colored People branch, selected by agreement of 
 85.6   the presidents of the National Association for the Advancement 
 85.7   of Colored People branches within the state; 
 85.8      (12) one person appointed by the commissioner of public 
 85.9   safety; and 
 85.10     (13) one person appointed by the Black Ministers Alliance. 
 85.11     Subd. 2.  [DUTIES.] The racial profiling advisory committee 
 85.12  must: 
 85.13     (1) advise the board of peace officer standards and 
 85.14  training on the development of the statewide antiracial 
 85.15  profiling model policy under section 626.8471, subdivision 3; 
 85.16     (2) advise the board of peace officer standards and 
 85.17  training on racial profiling training objectives, materials, and 
 85.18  implementation; 
 85.19     (3) advise the attorney general on the racial profiling 
 85.20  public awareness campaign; and 
 85.21     (4) advise the peace officer standards and training board 
 85.22  on any other policies relating to racial profiling based on the 
 85.23  review of summary data on racial profiling complaints. 
 85.24     Subd. 3.  [COMMITTEE ACTION.] Committee action, including 
 85.25  any action recommended must be approved by a two-thirds majority 
 85.26  of the whole committee. 
 85.27     Subd. 4.  [EXPIRATION.] The racial profiling advisory 
 85.28  committee expires on June 30, 2003.  
 85.29     Sec. 18.  [626.9514] [TOLL-FREE TELEPHONE NUMBER.] 
 85.30     The attorney general shall operate and maintain a toll-free 
 85.31  telephone number for complaints dealing with racial profiling.  
 85.32  The attorney general must act as a clearinghouse for racial 
 85.33  profiling complaints and must forward complaints to the peace 
 85.34  officer standards and training board. 
 85.35     Sec. 19.  [626.9517] [GRANT PROGRAM FOR INSTALLATION OF 
 85.36  VIDEO CAMERAS IN POLICE VEHICLES.] 
 86.1      Subdivision 1.  [GRANTS; CAMERAS DESCRIBED.] The 
 86.2   commissioner of public safety shall make grants to law 
 86.3   enforcement agencies participating in the racial profiling study 
 86.4   described in section 626.951 for the purchase, installation, and 
 86.5   maintenance of video cameras on police vehicles designed to 
 86.6   record traffic stops.  A video camera installed pursuant to a 
 86.7   grant under this section must: 
 86.8      (1) be automatically activated during every traffic stop; 
 86.9      (2) contain an audio feature; and 
 86.10     (3) be designed and installed so as to record the stop in 
 86.11  its entirety. 
 86.12     Cameras may not be equipped with manual shut-off switches 
 86.13  and must be activated for the entirety of a traffic stop. 
 86.14     Subd. 2.  [STORAGE OF VIDEO.] Notwithstanding section 
 86.15  138.163 or 138.17, chief law enforcement officers of agencies 
 86.16  receiving grants under this section for video cameras in police 
 86.17  vehicles shall ensure that the video tape or disk from the 
 86.18  camera be stored for a minimum of 60 days after use.  If the 
 86.19  chief law enforcement officer has not been instructed by the 
 86.20  board or the attorney general to maintain the tape or disk 
 86.21  beyond that period, the chief law enforcement officer may reuse 
 86.22  it.  Tapes and disks must be stored and maintained under this 
 86.23  subdivision in an accessible manner.  The tapes and disks must 
 86.24  be clearly labeled and ordered. 
 86.25     Subd. 3.  [AVAILABILITY OF VIDEO TAPE.] A chief law 
 86.26  enforcement officer shall provide a copy of a video tape or disk 
 86.27  that recorded a traffic stop to the driver of the stopped 
 86.28  vehicle upon the driver's request and at the driver's expense if 
 86.29  the tape or disk has not yet been reused. 
 86.30     Sec. 20.  [STUDY.] 
 86.31     The chief of the state patrol shall identify measures to 
 86.32  better recruit minorities and increase their representation in 
 86.33  the state patrol so it more accurately reflects the population 
 86.34  served by the state patrol.  By January 15, 2002, the chief 
 86.35  shall report to the senate and house committees and divisions 
 86.36  having jurisdiction over criminal justice and transportation 
 87.1   policy and funding on the measures identified and the resources 
 87.2   needed to implement these measures. 
 87.3      Sec. 21.  [REGIONAL TRAINING SEMINARS.] 
 87.4      The board of peace officer standards and training shall 
 87.5   facilitate regional seminars throughout the state to increase 
 87.6   awareness about racial profiling issues unique to specific 
 87.7   regions of the state and to promote a community-oriented 
 87.8   response to the issue of racial profiling.  The training 
 87.9   seminars shall satisfy the learning objectives described in 
 87.10  Minnesota Statutes, section 626.8471, subdivision 6.  These 
 87.11  seminars shall be completed by December 31, 2001. 
 87.12     Sec. 22.  [REPORTS.] 
 87.13     Subdivision 1.  [MODEL POLICY; TRAINING.] By February 15, 
 87.14  2002, the executive director of the board of peace officer 
 87.15  standards and training shall report to the house and senate 
 87.16  committees with jurisdiction over criminal justice funding on 
 87.17  the development of a model policy; learning objectives; regional 
 87.18  training seminars, including attendance figures for the 
 87.19  seminars; and the training materials prepared for chief law 
 87.20  enforcement officers and other officers with supervisory 
 87.21  authority. 
 87.22     Subd. 2.  [COMPLAINTS.] The peace officer standards and 
 87.23  training board shall forward to the racial profiling advisory 
 87.24  committee, and make available to the public, summary data on 
 87.25  complaints received under Minnesota Statutes, section 626.9514. 
 87.26     Sec. 23.  [CHILD SUPPORT PILOT PROJECT; NINTH JUDICIAL 
 87.27  DISTRICT.] 
 87.28     Subdivision 1.  [PILOT PROJECT.] (a) The ninth judicial 
 87.29  district may establish a pilot project to implement the 
 87.30  provisions relating to the six-month review under subdivision 2 
 87.31  and an accounting for child support by an obligee under 
 87.32  subdivision 3. 
 87.33     (b) The ninth judicial district and the state court 
 87.34  administrator are requested to evaluate the six-month review and 
 87.35  accounting for child support pilot project and submit a report 
 87.36  to the chairs and ranking minority members of the house and 
 88.1   senate committees having jurisdiction over child support and 
 88.2   family law policy and funding by January 1, 2003.  The 
 88.3   evaluation should measure: 
 88.4      (1) the fiscal impact on the courts and local government; 
 88.5   and 
 88.6      (2) increased child support collections and compliance with 
 88.7   parenting time. 
 88.8      (c) The provisions in subdivisions 2 and 3 apply only to 
 88.9   the pilot project established under this section. 
 88.10     Subd. 2.  [SIX-MONTH REVIEW.] (a) A decree of dissolution 
 88.11  or legal separation or an order that establishes child custody, 
 88.12  parenting time, or support rights and obligations of parents 
 88.13  must contain a review date six months after its entry and an 
 88.14  attached request for review hearing form.  The request for 
 88.15  review hearing form shall be prepared by the state court 
 88.16  administrator. 
 88.17     (b) The six-month review hearing shall be held if any party 
 88.18  submits a written request prior to 60 days before the review 
 88.19  date.  If no party requests a hearing, the matter shall be 
 88.20  stricken. 
 88.21     (c) Upon receipt of a completed request for hearing form, 
 88.22  the court administrator shall provide notice of the hearing to 
 88.23  all other parties and the public authority. 
 88.24     (d) At the six-month hearing, the court must review: 
 88.25     (1) whether child support is current; and 
 88.26     (2) whether both parties are complying with the parenting 
 88.27  time provisions of the order. 
 88.28     (e) At the six-month hearing, the obligor has the burden to 
 88.29  present evidence to establish that child support payments are 
 88.30  current.  A party may request that the public authority provide 
 88.31  information to the parties and court regarding child support 
 88.32  payments.  A party must request the information from the public 
 88.33  authority at least 14 days before the hearing.  The commissioner 
 88.34  of human services must develop a form to be used by the public 
 88.35  authority to submit child support payment information to the 
 88.36  parties and court. 
 89.1      (f) Contempt of court and all statutory remedies for child 
 89.2   support and parenting time enforcement may be imposed by the 
 89.3   court at the six-month hearing for noncompliance by either party 
 89.4   pursuant to Minnesota Statutes, chapters 518 and 588 and the 
 89.5   Minnesota rules of court. 
 89.6      Subd. 3.  [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 
 89.7   Upon the motion of an obligor, a court may order an obligee to 
 89.8   account for the use or disposition of child support received.  
 89.9   The motion must assert the specific allegations of abuse or 
 89.10  misapplication of child support received and that a child's 
 89.11  needs are not being met.  If the court orders a hearing, the 
 89.12  court may order an accounting only if the obligor establishes 
 89.13  the specific allegations of abuse or misapplication of child 
 89.14  support received and that the child's needs are not being met. 
 89.15     (b) If the court orders an accounting under paragraph (a), 
 89.16  the obligee must provide documentation that breaks down monthly 
 89.17  expenditures of child support received into the following 
 89.18  categories: 
 89.19     (1) housing and utilities; 
 89.20     (2) food; 
 89.21     (3) transportation; 
 89.22     (4) clothing; 
 89.23     (5) health care; 
 89.24     (6) child care and education; and 
 89.25     (7) miscellaneous. 
 89.26  An obligee may account for expenditures on housing, utilities, 
 89.27  food, and transportation that are attributable to multiple 
 89.28  household members on a per capita basis. 
 89.29     (c) If the court finds that an obligee does not make the 
 89.30  accounting required under paragraph (b) or the obligee does not 
 89.31  spend the entire child support payment on behalf of the child, 
 89.32  the court may: 
 89.33     (1) hold the obligee in contempt of court; 
 89.34     (2) reduce or eliminate the obligor's child support 
 89.35  obligation; 
 89.36     (3) order the obligee to make future expenditures on behalf 
 90.1   of the child, whether in whole or in part, in a manner that 
 90.2   documents the transaction; or 
 90.3      (4) make any other appropriate order to ensure that the 
 90.4   needs of the child are met. 
 90.5      (d) If the court determines that an obligor's motion under 
 90.6   this section is brought in bad faith, the court may award 
 90.7   reasonable attorney fees to the obligee. 
 90.8      Sec. 24.  [OUTSIDE REVIEW.] 
 90.9      The commissioner of administration shall obtain an 
 90.10  independent outside expert to review the CriMNet projects funded 
 90.11  in this act.  By February 15, 2002, the outside expert shall 
 90.12  report to the chairs and ranking minority members of the senate 
 90.13  and house committees and divisions having jurisdiction over 
 90.14  criminal justice policy and funding on the results of the review.
 90.15     Sec. 25.  [APPROPRIATIONS.] 
 90.16     Subdivision 1.  [SPECIAL REVENUE SPENDING AUTHORIZATION.] 
 90.17  (a) The commissioner of public safety is authorized to spend 
 90.18  funds appropriated from the criminal justice special projects 
 90.19  account in the special revenue fund under Minnesota Statutes, 
 90.20  section 357.021, subdivision 7, for: 
 90.21     (1) grants under section 19; 
 90.22     (2) retaining the outside expert required under section 16, 
 90.23  subdivision 4; 
 90.24     (3) reimbursement to local law enforcement agencies that 
 90.25  participate in the racial profiling study described in section 
 90.26  16, for costs they incur in participating.  This amount must not 
 90.27  exceed $....... and must be distributed as described in 
 90.28  paragraph (d); 
 90.29     (4) costs incurred by the commissioner to provide oversight 
 90.30  of the racial profiling study described in section 16.  This 
 90.31  amount must not exceed $.......; and 
 90.32     (5) increasing the amount available for reimbursements to 
 90.33  local agencies for the cost of administering board-approved 
 90.34  continuing education for peace officers to allow the following 
 90.35  agencies or divisions to be eligible to receive reimbursements 
 90.36  for training costs in the same manner and in like amounts as 
 91.1   local agencies: 
 91.2      (i) the state patrol; 
 91.3      (ii) alcohol and gambling enforcement; 
 91.4      (iii) the bureau of criminal apprehension; and 
 91.5      (iv) the office of special investigations in the department 
 91.6   of corrections.  This amount must not exceed $........ 
 91.7      (b) The commissioner shall issue a request for proposals 
 91.8   and select a vendor from whom to purchase video cameras under 
 91.9   section 19.  The vendor selected must provide maintenance and 
 91.10  extended warranties for the cameras. 
 91.11     (c) The commissioner shall aggressively seek available 
 91.12  federal grants related to eliminating racial profiling and 
 91.13  assist local units of government to receive federal funding. 
 91.14     (d) The commissioner may reimburse local law enforcement 
 91.15  agencies under paragraph (a), clause (1), in the following 
 91.16  maximum amounts: 
 91.17     (1) up to $5,000 for agencies with fewer than 100 full-time 
 91.18  sworn peace officers; 
 91.19     (2) up to $15,000 for agencies with at least 100, but fewer 
 91.20  than 300 full-time sworn peace officers; 
 91.21     (3) up to $30,000 for agencies with at least 300, but fewer 
 91.22  than 500 full-time sworn peace officers; 
 91.23     (4) up to $50,000 for agencies with at least 500, but fewer 
 91.24  than 800 full-time sworn peace officers; and 
 91.25     (5) up to $60,000 for agencies with 800 or more full-time 
 91.26  sworn peace officers. 
 91.27     Subd. 2.  [SPECIAL REVENUE TRANSFER AUTHORIZATION.] (a) The 
 91.28  commissioner of public safety is authorized to transfer the 
 91.29  following amounts appropriated from the criminal justice special 
 91.30  projects account in the special revenue fund under Minnesota 
 91.31  Statutes, section 357.021, subdivision 7, for the purposes 
 91.32  indicated: 
 91.33     (1) $....... to the attorney general to: 
 91.34     (i) obtain and maintain the toll-free telephone number to 
 91.35  receive complaints under section 18; and 
 91.36     (ii) develop and implement, in consultation with the racial 
 92.1   profiling advisory committee, a public awareness campaign on the 
 92.2   issue of racial profiling and the availability of the toll-free 
 92.3   telephone number described in section 18; and 
 92.4      (2) $....... to the peace officer standards and training 
 92.5   board for costs associated with the regional training seminars 
 92.6   described in section 21. 
 92.7      Subd. 3.  [EXPIRATION AND USE.] The authorization in this 
 92.8   section expires June 30, 2003.  Funds appropriated from the 
 92.9   criminal justice special projects account in the special revenue 
 92.10  fund under Minnesota Statutes, section 357.021, subdivision 7, 
 92.11  may be used only for the purposes authorized by this section. 
 92.12                             ARTICLE 6 
 92.13                    GENERAL CRIMINAL PROVISIONS 
 92.14     Section 1.  Minnesota Statutes 2000, section 169A.03, 
 92.15  subdivision 12, is amended to read: 
 92.16     Subd. 12.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
 92.17  which a person may be sentenced to imprisonment for not more 
 92.18  than 90 days, or to payment of a fine of not more 
 92.19  than $700 $1,000, or both. 
 92.20     Sec. 2.  Minnesota Statutes 2000, section 343.20, is 
 92.21  amended by adding a subdivision to read: 
 92.22     Subd. 6.  [PET OR COMPANION ANIMAL.] "Pet or companion 
 92.23  animal" includes any animal owned, possessed by, cared for, or 
 92.24  controlled by a person for the present or future enjoyment of 
 92.25  that person or another as a pet or companion, or any stray pet 
 92.26  or stray companion animal. 
 92.27     Sec. 3.  Minnesota Statutes 2000, section 343.20, is 
 92.28  amended by adding a subdivision to read: 
 92.29     Subd. 7.  [SERVICE ANIMAL.] "Service animal" means an 
 92.30  animal trained to assist a person with a disability. 
 92.31     Sec. 4.  Minnesota Statutes 2000, section 343.20, is 
 92.32  amended by adding a subdivision to read: 
 92.33     Subd. 8.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
 92.34  harm" means bodily injury which involves a temporary but 
 92.35  substantial disfigurement, or which causes a temporary but 
 92.36  substantial loss or impairment of the function of any bodily 
 93.1   member or organ, or which causes a fracture of any bodily member 
 93.2   to a service animal or a pet or companion animal. 
 93.3      Sec. 5.  Minnesota Statutes 2000, section 343.20, is 
 93.4   amended by adding a subdivision to read: 
 93.5      Subd. 9.  [GREAT BODILY HARM.] "Great bodily harm" means 
 93.6   bodily injury which creates a high probability of death, or 
 93.7   which causes serious permanent disfigurement, or which causes a 
 93.8   permanent or protracted loss or impairment of the function of 
 93.9   any bodily member or organ, or other serious bodily harm to a 
 93.10  service animal or a pet or companion animal. 
 93.11     Sec. 6.  Minnesota Statutes 2000, section 343.21, is 
 93.12  amended by adding a subdivision to read: 
 93.13     Subd. 8a.  [HARMING A SERVICE ANIMAL.] No person shall 
 93.14  intentionally and without justification cause bodily harm to a 
 93.15  service animal while it is providing service or while it is in 
 93.16  the custody of the person it serves. 
 93.17     Sec. 7.  Minnesota Statutes 2000, section 343.21, 
 93.18  subdivision 9, is amended to read: 
 93.19     Subd. 9.  [PENALTY.] (a) Except as otherwise provided in 
 93.20  this subdivision, a person who fails to comply with any 
 93.21  provision of this section is guilty of a misdemeanor.  A person 
 93.22  convicted of a second or subsequent violation of subdivision 1 
 93.23  or 7 within five years of a previous violation of subdivision 1 
 93.24  or 7 is guilty of a gross misdemeanor. 
 93.25     (b) A person who intentionally violates subdivision 1 or 7 
 93.26  where the violation results in substantial bodily harm to a pet 
 93.27  or companion animal may be sentenced to imprisonment for not 
 93.28  more than one year or to payment of a fine of not more than 
 93.29  $3,000, or both. 
 93.30     (c) A person convicted of violating paragraph (b) within 
 93.31  five years of a previous gross misdemeanor or felony conviction 
 93.32  for violating this section may be sentenced to imprisonment for 
 93.33  not more than two years or to payment of a fine of not more than 
 93.34  $5,000, or both. 
 93.35     (d) A person who intentionally violates subdivision 1 or 7 
 93.36  where the violation results in death or great bodily harm to a 
 94.1   pet or companion animal may be sentenced to imprisonment for not 
 94.2   more than two years or to payment of a fine of not more than 
 94.3   $5,000, or both.  
 94.4      (e) A person who violates subdivision 8a where the 
 94.5   violation results in substantial bodily harm to a service animal 
 94.6   may be sentenced to imprisonment for not more than two years or 
 94.7   to payment of a fine of not more than $5,000, or both. 
 94.8      (f) A person who intentionally violates subdivision 1 or 7 
 94.9   where the violation results in substantial bodily harm to a pet 
 94.10  or companion animal, and the act is done to threaten, 
 94.11  intimidate, or terrorize another person, may be sentenced to 
 94.12  imprisonment for not more than two years or to payment of a fine 
 94.13  of not more than $5,000, or both. 
 94.14     (g) A person who violates subdivision 8a where the 
 94.15  violation results in death or great bodily harm to a service 
 94.16  animal may be sentenced to imprisonment for not more than four 
 94.17  years or to payment of a fine of not more than $10,000, or both. 
 94.18     (h) A person who intentionally violates subdivision 1 or 7 
 94.19  where the violation results in death or great bodily harm to a 
 94.20  pet or companion animal, and the act is done to threaten, 
 94.21  intimidate, or terrorize another person, may be sentenced to 
 94.22  imprisonment for not more than four years or to payment of a 
 94.23  fine of not more than $10,000, or both.  
 94.24     Sec. 8.  Minnesota Statutes 2000, section 343.21, 
 94.25  subdivision 10, is amended to read: 
 94.26     Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
 94.27  violating this section, the court shall require that pet or 
 94.28  companion animals, as defined in section 346.36, subdivision 6, 
 94.29  that have not been seized by a peace officer or agent and are in 
 94.30  the custody or control of the person must be turned over to a 
 94.31  peace officer or other appropriate officer or agent unless the 
 94.32  court determines that the person is able and fit to provide 
 94.33  adequately for an animal.  If the evidence indicates lack of 
 94.34  proper and reasonable care of an animal, the burden is on the 
 94.35  person to affirmatively demonstrate by clear and convincing 
 94.36  evidence that the person is able and fit to have custody of and 
 95.1   provide adequately for an animal.  The court may limit the 
 95.2   person's further possession or custody of pet or companion 
 95.3   animals, and may impose other conditions the court considers 
 95.4   appropriate, including, but not limited to: 
 95.5      (1) imposing a probation period during which the person may 
 95.6   not have ownership, custody, or control of a pet or companion 
 95.7   animal; 
 95.8      (2) requiring periodic visits of the person by an animal 
 95.9   control officer or agent appointed pursuant to section 343.01, 
 95.10  subdivision 1; 
 95.11     (3) requiring performance by the person of community 
 95.12  service in a humane facility; and 
 95.13     (4) requiring the person to receive psychological, 
 95.14  behavioral, or other counseling. 
 95.15     Sec. 9.  Minnesota Statutes 2000, section 343.235, 
 95.16  subdivision 1, is amended to read: 
 95.17     Subdivision 1.  [GENERAL RULE.] An animal taken into 
 95.18  custody under section 343.12, 343.22 or, 343.29, or 343.31 may 
 95.19  be humanely disposed of at the discretion of the jurisdiction 
 95.20  having custody of the animal ten days after the animal is taken 
 95.21  into custody, provided that the procedures in subdivision 3 are 
 95.22  followed.  An animal raised for food or fiber products may not 
 95.23  be seized or disposed of without prior examination by a licensed 
 95.24  veterinarian pursuant to a warrant issued by a judge.  
 95.25     Sec. 10.  Minnesota Statutes 2000, section 343.235, 
 95.26  subdivision 3, is amended to read: 
 95.27     Subd. 3.  [NOTICE; RIGHT TO HEARING.] (a) The authority 
 95.28  taking custody of an animal under section 343.12, 343.22 or, 
 95.29  343.29, or 343.31 shall give notice of this section by 
 95.30  delivering or mailing it to a person claiming an interest in the 
 95.31  animal or by posting a copy of it at the place where the animal 
 95.32  is taken into custody or by delivering it to a person residing 
 95.33  on the property, and telephoning, if possible.  The notice must 
 95.34  include: 
 95.35     (1) a description of the animal seized; the authority and 
 95.36  purpose for the seizure; the time, place, and circumstances 
 96.1   under which the animal was seized; and the location, address, 
 96.2   telephone number, and contact person where the animal is kept; 
 96.3      (2) a statement that a person claiming an interest in the 
 96.4   animal may post security to prevent disposition of the animal 
 96.5   and may request a hearing concerning the seizure or impoundment 
 96.6   and that failure to do so within ten days of the date of the 
 96.7   notice will result in disposition of the animal; and 
 96.8      (3) a statement that all actual costs of the care, keeping, 
 96.9   and disposal of the animal are the responsibility of the person 
 96.10  claiming an interest in the animal, except to the extent that a 
 96.11  court or hearing officer finds that the seizure or impoundment 
 96.12  was not substantially justified by law. 
 96.13     The notice must also include a form that can be used by a 
 96.14  person claiming an interest in the animal for requesting a 
 96.15  hearing under this subdivision. 
 96.16     (b) Upon request of a person claiming an interest in the 
 96.17  animal, which request must be made within ten days of the date 
 96.18  of seizure, a hearing must be held within five business days of 
 96.19  the request, to determine the validity of the seizure and 
 96.20  impoundment.  If the seizure was done pursuant to a warrant 
 96.21  under section 343.22, the hearing must be conducted by the judge 
 96.22  who issued the warrant.  If the seizure was done under 
 96.23  section 343.12, 343.29, or 343.31, the municipality taking 
 96.24  custody of the animal or, in the case of a humane society, the 
 96.25  municipality from which the animal was seized, may either (1) 
 96.26  authorize a licensed veterinarian with no financial interest in 
 96.27  the matter or professional association with either party or (2) 
 96.28  use the services of a hearing officer to conduct the hearing.  A 
 96.29  person claiming an interest in the animal who is aggrieved by a 
 96.30  decision of a hearing officer under this subdivision may seek a 
 96.31  court order governing the seizure or impoundment within five 
 96.32  days of notice of the order. 
 96.33     (c) The judge or hearing officer may authorize the return 
 96.34  of the animal, if the judge or hearing officer finds that: 
 96.35     (1) the animal is physically fit; and 
 96.36     (2) the person claiming an interest in the animal can and 
 97.1   will provide the care required by law for the animal. 
 97.2      (d) The person claiming an interest in the animal is liable 
 97.3   for all actual costs of care, keeping, and disposal of the 
 97.4   animal, except to the extent that a court or hearing officer 
 97.5   finds that the seizure or impoundment was not substantially 
 97.6   justified by law.  The costs must be paid in full or a mutually 
 97.7   satisfactory arrangement for payment must be made between the 
 97.8   municipality and the person claiming an interest in the animal 
 97.9   before return of the animal to the person. 
 97.10     Sec. 11.  Minnesota Statutes 2000, section 347.50, 
 97.11  subdivision 1, is amended to read: 
 97.12     Subdivision 1.  [TERMS.] For the purpose of sections 347.50 
 97.13  to 347.54 347.56, the terms defined in this section have the 
 97.14  meanings given them.  
 97.15     Sec. 12.  Minnesota Statutes 2000, section 347.50, is 
 97.16  amended by adding a subdivision to read: 
 97.17     Subd. 6a.  [GREAT BODILY HARM.] "Great bodily harm" has the 
 97.18  meaning given it under section 609.02, subdivision 8. 
 97.19     Sec. 13. Minnesota Statutes 2000, section 347.51, 
 97.20  subdivision 2, is amended to read: 
 97.21     Subd. 2.  [REGISTRATION.] A county An animal control 
 97.22  authority shall issue a certificate of registration to the owner 
 97.23  of a dangerous dog if the owner presents sufficient evidence 
 97.24  that:  
 97.25     (1) a proper enclosure exists for the dangerous dog and a 
 97.26  posting on the premises with a clearly visible warning sign, 
 97.27  including a warning symbol to inform children, that there is a 
 97.28  dangerous dog on the property; and 
 97.29     (2) a surety bond issued by a surety company authorized to 
 97.30  conduct business in this state in a form acceptable to the 
 97.31  county in the sum of at least $50,000, payable to any person 
 97.32  injured by the dangerous dog, or a policy of liability insurance 
 97.33  issued by an insurance company authorized to conduct business in 
 97.34  this state in the amount of at least $50,000, insuring the owner 
 97.35  for any personal injuries inflicted by the dangerous dog; 
 97.36     (3) the owner has paid an annual fee of not more than $500, 
 98.1   in addition to any regular dog licensing fees, to obtain a 
 98.2   certificate of registration for a dangerous dog under this 
 98.3   section; and 
 98.4      (4) the owner has had microchip identification implanted in 
 98.5   the dangerous dog as required under section 347.515. 
 98.6      Sec. 14.  Minnesota Statutes 2000, section 347.51, is 
 98.7   amended by adding a subdivision to read: 
 98.8      Subd. 3a.  [DANGEROUS OR DESTRUCTIVE DOG DESIGNATION 
 98.9   REVIEW.] Beginning six months after a dog is declared a 
 98.10  dangerous dog, an owner may request annually that the animal 
 98.11  control authority review the designation.  The owner must 
 98.12  provide evidence that the dog's behavior has changed due to the 
 98.13  dog's age, neutering, environment, completion of obedience 
 98.14  training that includes modification of aggressive behavior, or 
 98.15  other factors.  If the animal control authority finds sufficient 
 98.16  evidence that the dog's behavior has changed, the authority may 
 98.17  rescind the dangerous dog or destructive dog designation. 
 98.18     Sec. 15.  Minnesota Statutes 2000, section 347.51, 
 98.19  subdivision 9, is amended to read: 
 98.20     Subd. 9.  [CONTRACTED SERVICES.] A county may contract with 
 98.21  another political subdivision or other person to provide the 
 98.22  services required under sections 347.50 to 
 98.23  347.54.  Notwithstanding any contract entered into under this 
 98.24  subdivision, all fees collected under sections 347.50 to 347.54 
 98.25  shall be paid to the county and all certificates of registration 
 98.26  must be issued in the name of the county. 
 98.27     Sec. 16.  [347.515] [MICROCHIP IDENTIFICATION.] 
 98.28     The owner of a dangerous or potentially dangerous dog must 
 98.29  have a microchip implanted in the dog for identification, and 
 98.30  the name of the microchip manufacturer and identification number 
 98.31  of the microchip must be provided to the animal control 
 98.32  authority.  If the microchip is not implanted by the owner, it 
 98.33  may be implanted by the animal control authority.  In either 
 98.34  case, all costs related to purchase and implantation of the 
 98.35  microchip must be borne by the dog's owner. 
 98.36     Sec. 17.  Minnesota Statutes 2000, section 347.52, is 
 99.1   amended to read: 
 99.2      347.52 [DANGEROUS DOGS; REQUIREMENTS.] 
 99.3      (a) An owner of a dangerous dog shall keep the dangerous 
 99.4   dog, while on the owner's property, in a proper enclosure.  If 
 99.5   the dog is outside the proper enclosure, the dog must be muzzled 
 99.6   and restrained by a substantial chain or leash and under the 
 99.7   physical restraint of a responsible person.  The muzzle must be 
 99.8   made in a manner that will prevent the dog from biting any 
 99.9   person or animal but that will not cause injury to the dog or 
 99.10  interfere with its vision or respiration. 
 99.11     (b) An owner of a dangerous dog must renew the registration 
 99.12  of the dog annually until the dog is deceased.  If the dog is 
 99.13  removed from the jurisdiction, it must be registered as a 
 99.14  dangerous dog in its new jurisdiction. 
 99.15     (c) An owner of a dangerous dog must notify the animal 
 99.16  control authority in writing of the death of the dog or its 
 99.17  transfer to a new jurisdiction within 30 days of the death or 
 99.18  transfer, and must, if requested by the animal control 
 99.19  authority, execute an affidavit under oath setting forth either 
 99.20  the circumstances of the dog's death and disposition or the 
 99.21  complete name, address, and telephone number of the person to 
 99.22  whom the dog has been transferred. 
 99.23     (d) An animal control authority may require a dangerous dog 
 99.24  to be sterilized at the owner's expense.  If the owner does not 
 99.25  have the animal sterilized, the animal control authority may 
 99.26  have the animal sterilized at the owner's expense. 
 99.27     (e) A person who owns a dangerous dog and who rents 
 99.28  property from another where the dog will reside must disclose to 
 99.29  the property owner prior to entering the lease agreement and at 
 99.30  the time of any lease renewal that the person owns a dangerous 
 99.31  dog that will reside at the property. 
 99.32     (f) A person who sells a dangerous dog must notify the 
 99.33  purchaser that the animal control authority has identified the 
 99.34  dog as dangerous.  The seller must also notify the animal 
 99.35  control authority in writing of the sale and provide the animal 
 99.36  control authority with the new owner's name, address, and 
100.1   telephone number. 
100.2      Sec. 18.  Minnesota Statutes 2000, section 347.55, is 
100.3   amended to read: 
100.4      347.55 [PENALTY.] 
100.5      (a) Any person who violates any provision of section 347.51 
100.6   or 347.52 is guilty of a misdemeanor. 
100.7      (b) It is a misdemeanor to remove a microchip from a 
100.8   dangerous or potentially dangerous dog, to fail to renew the 
100.9   registration of a dangerous dog, to fail to account for a 
100.10  dangerous dog's death or removal from the jurisdiction, to sign 
100.11  a false affidavit with respect to a dangerous dog's death or 
100.12  removal from the jurisdiction, or to fail to disclose ownership 
100.13  of a dangerous dog to a property owner from whom the person 
100.14  rents property. 
100.15     Sec. 19.  [347.56] [DESTRUCTION OF DOG IN CERTAIN 
100.16  CIRCUMSTANCES.] 
100.17     Notwithstanding sections 347.51 to 347.55, a dog that 
100.18  inflicted substantial or great bodily harm on a human being on 
100.19  public or private property without provocation may be destroyed 
100.20  in a proper and humane manner by the animal control authority.  
100.21  The animal control authority may not destroy the dog until the 
100.22  dog owner has had the opportunity for a hearing before an 
100.23  impartial decision maker. 
100.24     The definitions in section 347.50, and the exemptions under 
100.25  section 347.51, subdivision 5, apply to this section. 
100.26     Sec. 20.  Minnesota Statutes 2000, section 609.487, 
100.27  subdivision 4, is amended to read: 
100.28     Subd. 4.  [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 
100.29  Whoever flees or attempts to flee by means of a motor vehicle a 
100.30  peace officer who is acting in the lawful discharge of an 
100.31  official duty, and the perpetrator knows or should reasonably 
100.32  know the same to be a peace officer, and who in the course of 
100.33  fleeing causes the death of a human being not constituting 
100.34  murder or manslaughter or any bodily injury to any person other 
100.35  than the perpetrator may be sentenced to imprisonment as follows:
100.36     (a) If the course of fleeing results in death, to 
101.1   imprisonment for not more than ten 40 years or to payment of a 
101.2   fine of not more than $20,000 $80,000, or both; or 
101.3      (b) If the course of fleeing results in great bodily harm, 
101.4   to imprisonment for not more than seven years or to payment of a 
101.5   fine of not more than $14,000, or both; or 
101.6      (c) If the course of fleeing results in substantial bodily 
101.7   harm, to imprisonment for not more than five years or to payment 
101.8   of a fine of not more than $10,000, or both.  
101.9      Sec. 21.  Minnesota Statutes 2000, section 609.495, 
101.10  subdivision 1, is amended to read: 
101.11     Subdivision 1.  (a) Whoever harbors, conceals, or aids, or 
101.12  assists by word or acts another known by whom the actor to have 
101.13  knows or has reason to know has committed a felony crime under 
101.14  the laws of this or another state or of the United States with 
101.15  intent that such offender shall avoid or escape from arrest, 
101.16  trial, conviction, or punishment, may be sentenced to 
101.17  imprisonment for not more than three years or to payment of a 
101.18  fine of not more than $5,000, or both if the crime committed or 
101.19  attempted by the other person is a felony.  
101.20     (b) Whoever knowingly harbors, conceals, or aids a person 
101.21  who is on probation, parole, or supervised release because of a 
101.22  felony level conviction and for whom an arrest and detention 
101.23  order has been issued, with intent that the person evade or 
101.24  escape being taken into custody under the order, may be 
101.25  sentenced to imprisonment for not more than three years or to 
101.26  payment of a fine of not more than $5,000, or both.  As used in 
101.27  this paragraph, "arrest and detention order" means a written 
101.28  order to take and detain a probationer, parolee, or supervised 
101.29  releasee that is issued under section 243.05, subdivision 1; 
101.30  244.19, subdivision 4; or 401.02, subdivision 4. 
101.31     Sec. 22.  Minnesota Statutes 2000, section 609.495, 
101.32  subdivision 3, is amended to read: 
101.33     Subd. 3.  Whoever intentionally aids another person known 
101.34  by whom the actor to have knows or has reason to know has 
101.35  committed a criminal act, by destroying or concealing evidence 
101.36  of that crime, providing false or misleading information about 
102.1   that crime, receiving the proceeds of that crime, or otherwise 
102.2   obstructing the investigation or prosecution of that crime is an 
102.3   accomplice after the fact and may be sentenced to not more than 
102.4   one-half of the statutory maximum sentence of imprisonment or to 
102.5   payment of a fine of not more than one-half of the maximum fine 
102.6   that could be imposed on the principal offender for the crime of 
102.7   violence.  For purposes of this subdivision, "criminal act" 
102.8   means an act that is a crime listed in section 609.11, 
102.9   subdivision 9, under the laws of this or another state, or of 
102.10  the United States, and also includes an act that would be a 
102.11  criminal act if committed by an adult. 
102.12     Sec. 23.  Minnesota Statutes 2000, section 609.521, is 
102.13  amended to read: 
102.14     609.521 [POSSESSION OF SHOPLIFTING GEAR.] 
102.15     (a) As used in this section, an "electronic article 
102.16  surveillance system" means any electronic device or devices that 
102.17  are designed to detect the unauthorized removal of marked 
102.18  merchandise from a store. 
102.19     (b) Whoever has in possession any device, gear, or 
102.20  instrument specially designed to assist in shoplifting or 
102.21  defeating an electronic article surveillance system with intent 
102.22  to use the same to shoplift and thereby commit theft may be 
102.23  sentenced to imprisonment for not more than three years or to 
102.24  payment of a fine of not more than $5,000, or both. 
102.25     Sec. 24.  Minnesota Statutes 2000, section 617.247, 
102.26  subdivision 3, as amended by Laws 2001, chapter 197, section 4, 
102.27  is amended to read: 
102.28     Subd. 3.  [DISSEMINATION PROHIBITED.] (a) A person who 
102.29  disseminates pornographic work to an adult or a minor, knowing 
102.30  or with reason to know its content and character, is guilty of a 
102.31  felony and may be sentenced to imprisonment for not more than 
102.32  seven years and a fine of not more than $10,000 for a first 
102.33  offense and for not more than 15 years and a fine of not more 
102.34  than $20,000 for a second or subsequent offense. 
102.35     (b) Unless a longer statutory maximum period is specified 
102.36  in paragraph (a), A person who violates paragraph (a) is guilty 
103.1   of a felony and may be sentenced to imprisonment for not more 
103.2   than ten 15 years if the violation occurs when the person is a 
103.3   registered predatory offender under section 243.166. 
103.4      Sec. 25.  Minnesota Statutes 2000, section 629.471, 
103.5   subdivision 2, is amended to read: 
103.6      Subd. 2.  [QUADRUPLE FINE.] (a) For offenses under sections 
103.7   169.09, 169A.20, 171.24, paragraph (c) subdivision 5, 609.2231, 
103.8   subdivision 2, 609.487, and 609.525, the maximum cash bail that 
103.9   may be required for a person charged with a misdemeanor or gross 
103.10  misdemeanor violation is quadruple the highest cash fine that 
103.11  may be imposed for the offense.  
103.12     (b) Unless the court imposes the conditions of release 
103.13  specified in section 169A.44, the court must impose maximum bail 
103.14  when releasing a person from detention who has been charged with 
103.15  violating section 169A.20 if the person has three or more prior 
103.16  impaired driving convictions within the previous ten years.  As 
103.17  used in this subdivision, "prior impaired driving conviction" 
103.18  has the meaning given in section 169A.03. 
103.19     Sec. 26.  [REPEALER.] 
103.20     Minnesota Statutes 2000, section 347.51, subdivision 6, is 
103.21  repealed. 
103.22     Sec. 27.  [EFFECTIVE DATE.] 
103.23     Sections 1 to 26 are effective August 1, 2001.  Those 
103.24  provisions relating to crimes apply to crimes committed on or 
103.25  after that date. 
103.26                             ARTICLE 7 
103.27       PREDATORY OFFENDER REGISTRATION AND RELATED PROVISIONS
103.28     Section 1.  Minnesota Statutes 2000, section 243.166, 
103.29  subdivision 1, is amended to read: 
103.30     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
103.31  register under this section if:  
103.32     (1) the person was charged with or petitioned for a felony 
103.33  violation of or attempt to violate any of the following, and 
103.34  convicted of or adjudicated delinquent for that offense or 
103.35  another offense arising out of the same set of circumstances: 
103.36     (i) murder under section 609.185, clause (2); or 
104.1      (ii) kidnapping under section 609.25; or 
104.2      (iii) criminal sexual conduct under section 609.342; 
104.3   609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
104.4      (iv) indecent exposure under section 617.23, subdivision 3; 
104.5   or 
104.6      (2) the person was charged with or petitioned for falsely 
104.7   imprisoning a minor in violation of section 609.255, subdivision 
104.8   2; soliciting a minor to engage in prostitution in violation of 
104.9   section 609.322 or 609.324; soliciting a minor to engage in 
104.10  sexual conduct in violation of section 609.352; using a minor in 
104.11  a sexual performance in violation of section 617.246; or 
104.12  possessing pornographic work involving a minor in violation of 
104.13  section 617.247, and convicted of or adjudicated delinquent for 
104.14  that offense or another offense arising out of the same set of 
104.15  circumstances; or 
104.16     (3) the person was convicted of a predatory crime as 
104.17  defined in section 609.108, and the offender was sentenced as a 
104.18  patterned sex offender or the court found on its own motion or 
104.19  that of the prosecutor that the crime was part of a predatory 
104.20  pattern of behavior that had criminal sexual conduct as its 
104.21  goal; or 
104.22     (4) the person was convicted of or adjudicated delinquent 
104.23  for, including pursuant to a court martial, violating a law of 
104.24  the United States, including the Uniform Code of Military 
104.25  Justice, similar to the offenses described in clause (1), (2), 
104.26  or (3). 
104.27     (b) A person also shall register under this section if: 
104.28     (1) the person was convicted of or adjudicated delinquent 
104.29  in another state for an offense that would be a violation of a 
104.30  law described in paragraph (a) if committed in this state; 
104.31     (2) the person enters the state to reside, or to work or 
104.32  attend school; and 
104.33     (3) ten years have not elapsed since the person was 
104.34  released from confinement or, if the person was not confined, 
104.35  since the person was convicted of or adjudicated delinquent for 
104.36  the offense that triggers registration, unless the person is 
105.1   subject to lifetime registration, in which case the person must 
105.2   register for life regardless of when the person was released 
105.3   from confinement, convicted, or adjudicated delinquent. 
105.4   For purposes of this paragraph: 
105.5      (i) "school" includes any public or private educational 
105.6   institution, including any secondary school, trade or 
105.7   professional institution, or institution of higher education, 
105.8   that the person is enrolled in on a full-time or part-time 
105.9   basis; and 
105.10     (ii) "work" includes employment that is full-time or 
105.11  part-time for a period of time exceeding 14 days or for an 
105.12  aggregate period of time exceeding 30 days during any calendar 
105.13  year, whether financially compensated, volunteered, or for the 
105.14  purpose of government or educational benefit. 
105.15     (c) A person also shall register under this section if the 
105.16  person was committed pursuant to a court commitment order under 
105.17  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
105.18  a similar law of another state or the United States, regardless 
105.19  of whether the person was convicted of any offense. 
105.20     (d) A person also shall register under this section if: 
105.21     (1) the person was charged with or petitioned for a felony 
105.22  violation or attempt to violate any of the offenses listed in 
105.23  paragraph (a), clause (1), or a similar law of another state or 
105.24  the United States, or the person was charged with or petitioned 
105.25  for a violation of any of the offenses listed in paragraph (a), 
105.26  clause (2), or a similar law of another state or the United 
105.27  States; 
105.28     (2) the person was found not guilty by reason of mental 
105.29  illness or mental deficiency after a trial for that offense, or 
105.30  found guilty but mentally ill after a trial for that offense, in 
105.31  states with a guilty but mentally ill verdict; and 
105.32     (3) the person was committed pursuant to a court commitment 
105.33  order under section 253B.18 or a similar law of another state or 
105.34  the United States. 
105.35     Sec. 2.  Minnesota Statutes 2000, section 243.166, 
105.36  subdivision 3, is amended to read: 
106.1      Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
106.2   to register under this section shall register with the 
106.3   corrections agent as soon as the agent is assigned to the 
106.4   person.  If the person does not have an assigned corrections 
106.5   agent or is unable to locate the assigned corrections agent, the 
106.6   person shall register with the law enforcement agency that has 
106.7   jurisdiction in the area of the person's residence. 
106.8      (b) At least five days before the person starts living at a 
106.9   new primary address, including living in another state, the 
106.10  person shall give written notice of the new primary living 
106.11  address to the assigned corrections agent or to the law 
106.12  enforcement authority with which the person currently is 
106.13  registered.  If the person will be living in a new state and 
106.14  that state has a registration requirement, the person shall also 
106.15  give written notice of the new address to the designated 
106.16  registration agency in the new state.  The corrections agent or 
106.17  law enforcement authority shall, within two business days after 
106.18  receipt of this information, forward it to the bureau of 
106.19  criminal apprehension.  The bureau of criminal apprehension 
106.20  shall, if it has not already been done, notify the law 
106.21  enforcement authority having primary jurisdiction in the 
106.22  community where the person will live of the new address.  If the 
106.23  person is leaving the state, the bureau of criminal apprehension 
106.24  shall notify the registration authority in the new state of the 
106.25  new address.  If the person's obligation to register arose under 
106.26  subdivision 1, paragraph (b), the person's registration 
106.27  requirements under this section terminate when the person begins 
106.28  living in the new state. 
106.29     (c) A person required to register under subdivision 1, 
106.30  paragraph (b), because the person is working or attending school 
106.31  in Minnesota shall register with the law enforcement agency that 
106.32  has jurisdiction in the area where the person works or attends 
106.33  school.  In addition to other information required by this 
106.34  section, the person shall provide the address of the school or 
106.35  of the location where the person is employed.  A person must 
106.36  comply with this paragraph within five days of beginning 
107.1   employment or school.  A person's obligation to register under 
107.2   this paragraph terminates when the person is no longer working 
107.3   or attending school in Minnesota. 
107.4      (d) A person required to register under this section who 
107.5   works or attends school outside of Minnesota shall register as a 
107.6   predatory offender in the state where the person works or 
107.7   attends school.  The person's corrections agent, or if the 
107.8   person does not have an assigned corrections agent, the law 
107.9   enforcement authority that has jurisdiction in the area of the 
107.10  person's residence shall notify the person of this requirement. 
107.11     Sec. 3.  Minnesota Statutes 2000, section 243.166, 
107.12  subdivision 4a, is amended to read: 
107.13     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
107.14  person required to register under this section shall provide to 
107.15  the corrections agent or law enforcement authority the following 
107.16  information: 
107.17     (1) the address of the person's primary residence; 
107.18     (2) the addresses of all the person's secondary 
107.19  residences in Minnesota, including all addresses used for 
107.20  residential or recreational purposes; 
107.21     (3) the addresses of all Minnesota property owned, leased, 
107.22  or rented by the person; 
107.23     (4) the addresses of all locations where the person is 
107.24  employed; 
107.25     (5) the addresses of all residences where the person 
107.26  resides while attending school; and 
107.27     (6) the year, model, make, license plate number, and color 
107.28  of all motor vehicles owned or regularly driven by the 
107.29  person.  "Motor vehicle" has the meaning given "vehicle" in 
107.30  section 169.01, subdivision 2. 
107.31     (b) The person shall report to the agent or authority the 
107.32  information required to be provided under paragraph (a), clauses 
107.33  (2) to (6), within five days of the date the clause becomes 
107.34  applicable.  If because of a change in circumstances a clause no 
107.35  longer applies to previously reported information, the person 
107.36  shall immediately inform the agent or authority that the 
108.1   information is no longer valid. 
108.2      Sec. 4.  Minnesota Statutes 2000, section 243.166, 
108.3   subdivision 6, is amended to read: 
108.4      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
108.5   provisions of section 609.165, subdivision 1, and except as 
108.6   provided in paragraphs (b), (c), and (d), a person required to 
108.7   register under this section shall continue to comply with this 
108.8   section until ten years have elapsed since the person initially 
108.9   registered in connection with the offense, or until the 
108.10  probation, supervised release, or conditional release period 
108.11  expires, whichever occurs later.  For a person required to 
108.12  register under this section who is committed under section 
108.13  253B.18 or 253B.185, the ten-year registration period does not 
108.14  include the period of commitment. 
108.15     (b) If a person required to register under this section 
108.16  fails to register following a change in residence, the 
108.17  commissioner of public safety may require the person to continue 
108.18  to register for an additional period of five years.  This 
108.19  five-year period is added to the end of the offender's 
108.20  registration period.  
108.21     (c) If a person required to register under this section is 
108.22  subsequently incarcerated following a revocation of probation, 
108.23  supervised release, or conditional release for that offense, or 
108.24  a conviction for any new offense, the person shall continue to 
108.25  register until ten years have elapsed since the person was last 
108.26  released from incarceration or until the person's probation, 
108.27  supervised release, or conditional release period expires, 
108.28  whichever occurs later. 
108.29     (d) A person shall continue to comply with this section for 
108.30  the life of that person:  
108.31     (1) if the person is convicted of or adjudicated delinquent 
108.32  for any offense for which registration is required under 
108.33  subdivision 1, or any offense from another state or any federal 
108.34  offense similar to the offenses described in subdivision 1, and 
108.35  the person has a prior conviction or adjudication for an offense 
108.36  for which registration was required under subdivision 1, or an 
109.1   offense from another state or a federal offense similar to an 
109.2   offense described in subdivision 1; 
109.3      (2) if the person is required to register based upon a 
109.4   conviction or delinquency adjudication for an offense under 
109.5   section 609.185, clause (2), or a similar statute from another 
109.6   state or the United States; 
109.7      (3) if the person is required to register based upon a 
109.8   conviction for an offense under section 609.342, subdivision 1, 
109.9   paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
109.10  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
109.11  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
109.12  subdivision 1, paragraph (a), (c), or (g); or a statute from 
109.13  another state or the United States similar to the offenses 
109.14  described in this clause; or 
109.15     (3) (4) if the person is required to register under 
109.16  subdivision 1, paragraph (c), following commitment pursuant to a 
109.17  court commitment under section 253B.185 or a similar law of 
109.18  another state or the United States. 
109.19     Sec. 5.  Minnesota Statutes 2000, section 243.167, 
109.20  subdivision 1, is amended to read: 
109.21     Subdivision 1.  [DEFINITION.] As used in this section, 
109.22  "crime against the person" means a violation of any of the 
109.23  following or a similar law of another state or of the United 
109.24  States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
109.25  609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4; 
109.26  609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 
109.27  609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 
109.28  1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 
109.29  felony-level violation of section 609.229; 609.377; 609.749; or 
109.30  624.713. 
109.31     Sec. 6.  Minnesota Statutes 2000, section 609.117, is 
109.32  amended to read: 
109.33     609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
109.34     Subdivision 1.  [UPON SENTENCING.] The court shall order an 
109.35  offender to provide a biological specimen for the purpose of DNA 
109.36  analysis as defined in section 299C.155 when: 
110.1      (1) the court sentences a person charged with violating or 
110.2   attempting to violate any of the following, and the person is 
110.3   convicted of that offense or of any offense arising out of the 
110.4   same set of circumstances: 
110.5      (i) murder under section 609.185, 609.19, or 609.195; 
110.6      (ii) manslaughter under section 609.20 or 609.205; 
110.7      (iii) assault under section 609.221, 609.222, or 609.223; 
110.8      (iv) robbery under section 609.24 or aggravated robbery 
110.9   under section 609.245; 
110.10     (v) kidnapping under section 609.25; 
110.11     (vi) false imprisonment under section 609.255; 
110.12     (vii) criminal sexual conduct under section 609.342, 
110.13  609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
110.14     (viii) incest under section 609.365; 
110.15     (ix) burglary under section 609.582, subdivision 1; or 
110.16     (x) indecent exposure under section 617.23, subdivision 3, 
110.17  clause (2); 
110.18     (2) the court sentences a person as a patterned sex 
110.19  offender under section 609.108; or 
110.20     (3) the juvenile court adjudicates a person a delinquent 
110.21  child who is the subject of a delinquency petition for violating 
110.22  or attempting to violate any of the following, and the 
110.23  delinquency adjudication is based on a violation of one of those 
110.24  sections or of any offense arising out of the same set of 
110.25  circumstances: 
110.26     (i) murder under section 609.185, 609.19, or 609.195; 
110.27     (ii) manslaughter under section 609.20 or 609.205; 
110.28     (iii) assault under section 609.221, 609.222, or 609.223; 
110.29     (iv) robbery under section 609.24 or aggravated robbery 
110.30  under section 609.245; 
110.31     (v) kidnapping under section 609.25; 
110.32     (vi) false imprisonment under section 609.255; 
110.33     (vii) criminal sexual conduct under section 609.342, 
110.34  609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
110.35     (viii) incest under section 609.365; 
110.36     (ix) burglary under section 609.582, subdivision 1; or 
111.1      (x) indecent exposure under section 617.23, subdivision 3, 
111.2   clause (2). 
111.3   The biological specimen or the results of the analysis shall be 
111.4   maintained by the bureau of criminal apprehension as provided in 
111.5   section 299C.155. 
111.6      Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
111.7   or local corrections authority shall order a person to provide a 
111.8   biological specimen for the purpose of DNA analysis before 
111.9   completion of the person's term of imprisonment when the person 
111.10  has not provided a biological specimen for the purpose of DNA 
111.11  analysis and the person: 
111.12     (1) was convicted of is currently serving a term of 
111.13  imprisonment for or has a past conviction for violating or 
111.14  attempting to violate any of the following or a similar law of 
111.15  another state or the United States or initially charged with 
111.16  violating one of the following sections or a similar law of 
111.17  another state or the United States and convicted of another 
111.18  offense arising out of the same set of circumstances: 
111.19     (i) murder under section 609.185, 609.19, or 609.195; 
111.20     (ii) manslaughter under section 609.20 or 609.205; 
111.21     (iii) assault under section 609.221, 609.222, or 609.223; 
111.22     (iv) robbery under section 609.24 or aggravated robbery 
111.23  under section 609.245; 
111.24     (v) kidnapping under section 609.25; 
111.25     (vi) false imprisonment under section 609.255; 
111.26     (vii) criminal sexual conduct under section 609.342, 
111.27  609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
111.28     (viii) incest under section 609.365; 
111.29     (ix) burglary under section 609.582, subdivision 1; or 
111.30     (x) indecent exposure under section 617.23, subdivision 3, 
111.31  clause (2); or 
111.32     (2) was sentenced as a patterned sex offender under section 
111.33  609.108, and committed to the custody of the commissioner of 
111.34  corrections; or 
111.35     (3) is serving a term of imprisonment in this state under a 
111.36  reciprocal agreement although convicted in another state of an 
112.1   offense described in this subdivision or a similar law of the 
112.2   United States or any other state.  The commissioner of 
112.3   corrections or local corrections authority shall forward the 
112.4   sample to the bureau of criminal apprehension. 
112.5      Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
112.6   accepts an offender from another state under the interstate 
112.7   compact authorized by section 243.16, the acceptance is 
112.8   conditional on the offender providing a biological specimen for 
112.9   the purposes of DNA analysis as defined in section 299C.155, if 
112.10  the offender was convicted of an offense described in 
112.11  subdivision 1 or a similar law of the United States or any other 
112.12  state.  The specimen must be provided under supervision of staff 
112.13  from the department of corrections or a community corrections 
112.14  act county within 15 business days after the offender reports to 
112.15  the supervising agent.  The cost of obtaining the biological 
112.16  specimen is the responsibility of the agency providing 
112.17  supervision.  
112.18     Sec. 7.  [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166, 
112.19  SUBDIVISION 10.] 
112.20     The original intent of the legislature in enacting 
112.21  Minnesota Statutes, section 243.166, subdivision 10, was to 
112.22  provide for a more uniform application of the predatory offender 
112.23  registration law.  Applying certain amendments to the law 
112.24  retroactively to certain offenders was intended to ease the 
112.25  administrative burden on agencies enforcing the law and better 
112.26  serve the policy underlying it.  The subdivision was not 
112.27  intended to act as a limitation on registration but rather, in 
112.28  some cases, as an expansion.  The intent in repealing this 
112.29  subdivision is to prevent a potential judicial misinterpretation 
112.30  of it that was neither intended nor contemplated by the 
112.31  legislature.  The repeal must not be construed as a substantive 
112.32  change in the application or scope of Minnesota Statutes, 
112.33  section 243.166. 
112.34     Sec. 8.  [REPEALER.] 
112.35     Minnesota Statutes 2000, section 243.166, subdivision 10, 
112.36  is repealed. 
113.1      Sec. 9.  [EFFECTIVE DATES.] 
113.2      (a) Sections 1 to 7 are effective the day following final 
113.3   enactment. 
113.4      (b) Section 8 is effective retroactively to April 4, 2000. 
113.5                              ARTICLE 8 
113.6               FELONY DRIVING WHILE IMPAIRED PROVISIONS 
113.7      Section 1.  Minnesota Statutes 2000, section 169A.07, is 
113.8   amended to read: 
113.9      169A.07 [FIRST-TIME DWI VIOLATOR; OFF-ROAD RECREATIONAL 
113.10  VEHICLE OR MOTORBOAT.] 
113.11     A person who violates section 169A.20 (driving while 
113.12  impaired) while using an off-road recreational vehicle or 
113.13  motorboat and who does not have a qualified prior impaired 
113.14  driving incident is subject only to the criminal penalty 
113.15  provided in section 169A.25 (first-degree second-degree driving 
113.16  while impaired), 169A.26 (second-degree third-degree driving 
113.17  while impaired), or 169A.27 (third-degree fourth-degree driving 
113.18  while impaired); and loss of operating privileges as provided in 
113.19  section 84.91, subdivision 1 (operation of snowmobiles or 
113.20  all-terrain vehicles by persons under the influence of alcohol 
113.21  or controlled substances), or 86B.331, subdivision 1 (operation 
113.22  of motorboats while using alcohol or with a physical or mental 
113.23  disability), whichever is applicable.  The person is not subject 
113.24  to the provisions of section 169A.275, subdivision 5, 
113.25  (submission to the level of care recommended in chemical use 
113.26  assessment for repeat offenders and offenders with alcohol 
113.27  concentration of 0.20 or more); 169A.277 (long-term monitoring); 
113.28  169A.285 (penalty assessment); 169A.44 (conditional release); 
113.29  169A.54 (impaired driving convictions and adjudications; 
113.30  administrative penalties); or 169A.54, subdivision 11 (chemical 
113.31  use assessment); the license revocation sanctions of sections 
113.32  169A.50 to 169A.53 (implied consent law); or the plate 
113.33  impoundment provisions of section 169A.60 (administrative 
113.34  impoundment of plates). 
113.35     Sec. 2.  Minnesota Statutes 2000, section 169A.20, 
113.36  subdivision 3, is amended to read: 
114.1      Subd. 3.  [SENTENCE.] A person who violates this section 
114.2   may be sentenced as provided in section 169A.24 (first-degree 
114.3   driving while impaired), 169A.25 (first-degree second-degree 
114.4   driving while impaired), 169A.26 (second-degree third-degree 
114.5   driving while impaired), or 169A.27 (third-degree fourth-degree 
114.6   driving while impaired). 
114.7      Sec. 3.  [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
114.8      Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
114.9   section 169A.20 (driving while impaired) is guilty of 
114.10  first-degree driving while impaired if the person: 
114.11     (1) commits the violation within ten years of the first of 
114.12  three or more qualified prior impaired driving incidents; or 
114.13     (2) has previously been convicted of a felony under this 
114.14  section. 
114.15     Subd. 2.  [CRIMINAL PENALTY.] A person who commits 
114.16  first-degree driving while impaired is guilty of a felony and 
114.17  may be sentenced to imprisonment for not more than seven years, 
114.18  or to payment of a fine of not more than $14,000, or both.  The 
114.19  person is subject to the mandatory penalties described in 
114.20  section 169A.276 (mandatory penalties; felony violations). 
114.21     Sec. 4.  Minnesota Statutes 2000, section 169A.25, is 
114.22  amended to read: 
114.23     169A.25 [FIRST-DEGREE SECOND-DEGREE DRIVING WHILE 
114.24  IMPAIRED.] 
114.25     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
114.26  section 169A.20 (driving while impaired) is guilty of 
114.27  first-degree second-degree driving while impaired if two or more 
114.28  aggravating factors were present when the violation was 
114.29  committed. 
114.30     Subd. 2.  [CRIMINAL PENALTY.] First-degree Second-degree 
114.31  driving while impaired is a gross misdemeanor.  The mandatory 
114.32  penalties described in section 169A.275 and the long-term 
114.33  monitoring described in section 169A.277 may be applicable. 
114.34     Sec. 5.  Minnesota Statutes 2000, section 169A.26, is 
114.35  amended to read: 
114.36     169A.26 [SECOND-DEGREE THIRD-DEGREE DRIVING WHILE 
115.1   IMPAIRED.] 
115.2      Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
115.3   section 169A.20 (driving while impaired) is guilty of 
115.4   second-degree third-degree driving while impaired if one 
115.5   aggravating factor was present when the violation was committed. 
115.6      Subd. 2.  [CRIMINAL PENALTY.] Second-degree Third-degree 
115.7   driving while impaired is a gross misdemeanor.  The mandatory 
115.8   penalties described in section 169A.275 and the long-term 
115.9   monitoring described in section 169A.277 may be applicable. 
115.10     Sec. 6.  Minnesota Statutes 2000, section 169A.27, is 
115.11  amended to read: 
115.12     169A.27 [THIRD-DEGREE FOURTH-DEGREE DRIVING WHILE 
115.13  IMPAIRED.] 
115.14     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
115.15  section 169A.20 (driving while impaired) is guilty of 
115.16  third-degree fourth-degree driving while impaired. 
115.17     Subd. 2.  [CRIMINAL PENALTY.] Third-degree Fourth-degree 
115.18  driving while impaired is a misdemeanor. 
115.19     Sec. 7.  Minnesota Statutes 2000, section 169A.275, is 
115.20  amended to read: 
115.21     169A.275 [MANDATORY PENALTIES; NONFELONY VIOLATIONS.] 
115.22     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
115.23  sentence a person who is convicted of a violation of section 
115.24  169A.20 (driving while impaired) within ten years of a qualified 
115.25  prior impaired driving incident to either:  
115.26     (1) a minimum of 30 days of incarceration, at least 48 
115.27  hours of which must be served consecutively in a local 
115.28  correctional facility; or 
115.29     (2) eight hours of community work service for each day less 
115.30  than 30 days that the person is ordered to serve in a local 
115.31  correctional facility.  
115.32  Notwithstanding section 609.135 (stay of imposition or execution 
115.33  of sentence), the penalties in this paragraph must be executed, 
115.34  unless the court departs from the mandatory minimum sentence 
115.35  under paragraph (b) or (c). 
115.36     (b) Prior to sentencing, the prosecutor may file a motion 
116.1   to have a defendant described in paragraph (a) sentenced without 
116.2   regard to the mandatory minimum sentence established by that 
116.3   paragraph.  The motion must be accompanied by a statement on the 
116.4   record of the reasons for it.  When presented with the 
116.5   prosecutor's motion and if it finds that substantial mitigating 
116.6   factors exist, the court shall sentence the defendant without 
116.7   regard to the mandatory minimum sentence established by 
116.8   paragraph (a).  
116.9      (c) The court may, on its own motion, sentence a defendant 
116.10  described in paragraph (a) without regard to the mandatory 
116.11  minimum sentence established by that paragraph if it finds that 
116.12  substantial mitigating factors exist and if its sentencing 
116.13  departure is accompanied by a statement on the record of the 
116.14  reasons for it.  The court also may sentence the defendant 
116.15  without regard to the mandatory minimum sentence established by 
116.16  paragraph (a) if the defendant is sentenced to probation and 
116.17  ordered to participate in a program established under section 
116.18  169A.74 (pilot programs of intensive probation for repeat DWI 
116.19  offenders). 
116.20     (d) When any portion of the sentence required by paragraph 
116.21  (a) is not executed, the court should impose a sentence that is 
116.22  proportional to the extent of the offender's prior criminal and 
116.23  moving traffic violation record.  Any sentence required under 
116.24  paragraph (a) must include a mandatory sentence that is not 
116.25  subject to suspension or a stay of imposition or execution, and 
116.26  that includes incarceration for not less than 48 consecutive 
116.27  hours or at least 80 hours of community work service. 
116.28     Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
116.29  person who is convicted of a violation of section 169A.20 
116.30  (driving while impaired) within ten years of the first of two 
116.31  qualified prior impaired driving incidents to either: 
116.32     (1) a minimum of 90 days of incarceration, at least 30 days 
116.33  of which must be served consecutively in a local correctional 
116.34  facility; or 
116.35     (2) a program of intensive supervision of the type 
116.36  described in section 169A.74 (pilot programs of intensive 
117.1   probation for repeat DWI offenders) that requires the person to 
117.2   consecutively serve at least six days in a local correctional 
117.3   facility.  
117.4      (b) The court may order that the person serve not more than 
117.5   60 days of the minimum penalty under paragraph (a), clause (1), 
117.6   on home detention or in an intensive probation program described 
117.7   in section 169A.74. 
117.8      (c) Notwithstanding section 609.135, the penalties in this 
117.9   subdivision must be imposed and executed. 
117.10     Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
117.11  the person to the custody of the commissioner of corrections as 
117.12  provided in section 169A.276 (mandatory penalties; felony 
117.13  violations), the court shall sentence a person who is convicted 
117.14  of a violation of section 169A.20 (driving while impaired) 
117.15  within ten years of the first of three qualified prior impaired 
117.16  driving incidents to either: 
117.17     (1) a minimum of 180 days of incarceration, at least 30 
117.18  days of which must be served consecutively in a local 
117.19  correctional facility; or 
117.20     (2) a program of intensive supervision of the type 
117.21  described in section 169A.74 (pilot programs of intensive 
117.22  probation for repeat DWI offenders) that requires the person to 
117.23  consecutively serve at least six days in a local correctional 
117.24  facility.  
117.25     (b) The court may order that the person serve not more than 
117.26  150 days of the minimum penalty under paragraph (a), clause (1), 
117.27  on home detention or in an intensive probation program described 
117.28  in section 169A.74.  Notwithstanding section 609.135, the 
117.29  penalties in this subdivision must be imposed and executed. 
117.30     Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
117.31  commits the person to the custody of the commissioner of 
117.32  corrections as provided in section 169A.276 (mandatory 
117.33  penalties; felony violations), the court shall sentence a person 
117.34  who is convicted of a violation of section 169A.20 (driving 
117.35  while impaired) within ten years of the first of four or more 
117.36  qualified prior impaired driving incidents to either: 
118.1      (1) a minimum of one year of incarceration, at least 60 
118.2   days of which must be served consecutively in a local 
118.3   correctional facility; or 
118.4      (2) a program of intensive supervision of the type 
118.5   described in section 169A.74 (pilot programs of intensive 
118.6   probation for repeat DWI offenders) that requires the person to 
118.7   consecutively serve at least six days in a local correctional 
118.8   facility.  
118.9      (b) The court may order that the person serve the remainder 
118.10  of the minimum penalty under paragraph (a), clause (1), on 
118.11  intensive probation using an electronic monitoring system or, if 
118.12  such a system is unavailable, on home detention.  
118.13  Notwithstanding section 609.135, the penalties in this 
118.14  subdivision must be imposed and executed. 
118.15     Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
118.16  ASSESSMENT.] Unless the court commits the person to the custody 
118.17  of the commissioner of corrections as provided in section 
118.18  169A.276 (mandatory penalties; felony violations), in addition 
118.19  to other penalties required under this section, the court shall 
118.20  order a person to submit to the level of care recommended in the 
118.21  chemical use assessment conducted under section 169A.70 (alcohol 
118.22  safety program; chemical use assessments) if the person is 
118.23  convicted of violating section 169A.20 (driving while impaired) 
118.24  while having an alcohol concentration of 0.20 or more as 
118.25  measured at the time, or within two hours of the time, of the 
118.26  offense or if the violation occurs within ten years of one or 
118.27  more qualified prior impaired driving incidents. 
118.28     Sec. 8.  [169A.276] [MANDATORY PENALTIES; FELONY 
118.29  VIOLATIONS.] 
118.30     Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
118.31  shall sentence a person who is convicted of a violation of 
118.32  section 169A.20 (driving while impaired) under the circumstances 
118.33  described in section 169A.24 (first-degree driving while 
118.34  impaired) to imprisonment for not less than three years.  In 
118.35  addition, the court may order the person to pay a fine of not 
118.36  more than $14,000.  
119.1      (b) The court may stay execution of this mandatory sentence 
119.2   as provided in subdivision 2 (stay of mandatory sentence), but 
119.3   may not stay imposition or adjudication of the sentence or 
119.4   impose a sentence that has a duration of less than three years. 
119.5      (c) An offender committed to the custody of the 
119.6   commissioner of corrections under this subdivision, is not 
119.7   eligible for release as provided in section 241.26, 244.065, 
119.8   244.12, or 244.17, unless the offender has successfully 
119.9   completed a chemical dependency treatment program while in 
119.10  prison.  
119.11     (d) Notwithstanding the statutory maximum sentence provided 
119.12  in section 169A.24 (first-degree driving while impaired), when 
119.13  the court commits a person to the custody of the commissioner of 
119.14  corrections under this subdivision, it shall provide that after 
119.15  the person has been released from prison the commissioner shall 
119.16  place the person on conditional release for five years.  The 
119.17  commissioner shall impose any conditions of release that the 
119.18  commissioner deems appropriate including, but not limited to, 
119.19  successful completion of an intensive probation program as 
119.20  described in section 169A.74 (pilot programs of intensive 
119.21  probation for repeat DWI offenders).  If the person fails to 
119.22  comply with any condition of release, the commissioner may 
119.23  revoke the person's conditional release and order the person to 
119.24  serve all or part of the remaining portion of the conditional 
119.25  release term in prison.  The commissioner may not dismiss the 
119.26  person from supervision before the conditional release term 
119.27  expires.  Except as otherwise provided in this section, 
119.28  conditional release is governed by provisions relating to 
119.29  supervised release.  The failure of a court to direct the 
119.30  commissioner of corrections to place the person on conditional 
119.31  release, as required in this paragraph, does not affect the 
119.32  applicability of the conditional release provisions to the 
119.33  person. 
119.34     (e) The commissioner shall require persons placed on 
119.35  supervised or conditional release under this subdivision to pay 
119.36  as much of the costs of the supervision as possible.  The 
120.1   commissioner shall develop appropriate standards for this.  
120.2      Subd. 2.  [STAY OF MANDATORY SENTENCE.] The provisions of 
120.3   sections 169A.275 (mandatory penalties; nonfelony violations), 
120.4   subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of 
120.5   execution of sentence), apply if the court stays execution of 
120.6   the sentence under subdivision 1 (mandatory prison sentence).  
120.7   In addition, the provisions of section 169A.277 (long-term 
120.8   monitoring) may apply.  
120.9      Subd. 3.  [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 
120.10  The court may not stay the execution of the driver's license 
120.11  revocation provisions of section 169A.54 (impaired driving 
120.12  convictions and adjudications; administrative penalties). 
120.13     Sec. 9.  Minnesota Statutes 2000, section 169A.283, 
120.14  subdivision 1, is amended to read: 
120.15     Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
120.16  provided in section sections 169A.275 (mandatory penalties; 
120.17  nonfelony violations) and 169A.276 (mandatory penalties; felony 
120.18  violations), when a court sentences a person convicted of a 
120.19  violation of section 169A.20 (driving while impaired), the court 
120.20  may stay execution of the criminal sentence described in section 
120.21  169A.25 169A.24 (first-degree driving while impaired), 169A.26 
120.22  169A.25 (second-degree driving while impaired), or 169A.27 
120.23  169A.26 (third-degree driving while impaired), or 169A.27 
120.24  (fourth-degree driving while impaired) on the condition that the 
120.25  convicted person submit to the level of care recommended in the 
120.26  chemical use assessment report required under section 169A.70 
120.27  (alcohol safety programs; chemical use assessments).  If the 
120.28  court does not order a level of care in accordance with the 
120.29  assessment report recommendation as a condition of a stay of 
120.30  execution, it shall state on the record its reasons for not 
120.31  following the assessment report recommendation. 
120.32     Sec. 10.  Minnesota Statutes 2000, section 169A.40, 
120.33  subdivision 3, is amended to read: 
120.34     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 
120.35  CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 
120.36  Criminal Procedure, a peace officer acting without a warrant who 
121.1   has decided to proceed with the prosecution of a person for 
121.2   violating section 169A.20 (driving while impaired), shall arrest 
121.3   and take the person into custody if the officer has reason to 
121.4   believe the violation occurred under the circumstances described 
121.5   in section 169A.24 (first-degree driving while impaired) or 
121.6   169A.25 (first-degree second-degree driving while impaired).  
121.7   The person shall be detained until the person's first court 
121.8   appearance. 
121.9      Sec. 11.  Minnesota Statutes 2000, section 169A.63, 
121.10  subdivision 1, is amended to read: 
121.11     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
121.12  the following terms have the meanings given them. 
121.13     (b) "Appropriate agency" means a law enforcement agency 
121.14  that has the authority to make an arrest for a violation of a 
121.15  designated offense or to require a test under section 169A.51 
121.16  (chemical tests for intoxication). 
121.17     (c) "Designated license revocation" includes a license 
121.18  revocation under section 169A.52 (license revocation for test 
121.19  failure or refusal) or a license disqualification under section 
121.20  171.165 (commercial driver's license disqualification) resulting 
121.21  from a violation of section 169A.52; within ten years of the 
121.22  first of two or more qualified prior impaired driving incidents. 
121.23     (d) "Designated offense" includes: 
121.24     (1) a violation of section 169A.20 (driving while impaired) 
121.25  under the circumstances described in section 169A.24 
121.26  (first-degree driving while impaired) or 169A.25 (first-degree 
121.27  second-degree driving while impaired); or 
121.28     (2) a violation of section 169A.20 or an ordinance in 
121.29  conformity with it: 
121.30     (i) by a person whose driver's license or driving 
121.31  privileges have been canceled as inimical to public safety under 
121.32  section 171.04, subdivision 1, clause (10); or 
121.33     (ii) by a person who is subject to a restriction on the 
121.34  person's driver's license under section 171.09 (commissioner's 
121.35  license restrictions), which provides that the person may not 
121.36  use or consume any amount of alcohol or a controlled substance. 
122.1      (e) "Motor vehicle" and "vehicle" do not include a vehicle 
122.2   which is stolen or taken in violation of the law. 
122.3      (f) "Owner" means the registered owner of the motor vehicle 
122.4   according to records of the department of public safety and 
122.5   includes a lessee of a motor vehicle if the lease agreement has 
122.6   a term of 180 days or more. 
122.7      (g) "Prosecuting authority" means the attorney in the 
122.8   jurisdiction in which the designated offense occurred who is 
122.9   responsible for prosecuting violations of a designated offense. 
122.10     Sec. 12.  Minnesota Statutes 2000, section 171.29, 
122.11  subdivision 2, is amended to read: 
122.12     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
122.13  license has been revoked as provided in subdivision 1, except 
122.14  under section 169A.52 or 169A.54, shall pay a $30 fee before the 
122.15  driver's license is reinstated. 
122.16     (b) A person whose driver's license has been revoked as 
122.17  provided in subdivision 1 under section 169A.52 or 169A.54 shall 
122.18  pay a $250 fee plus a $40 surcharge before the driver's license 
122.19  is reinstated.  Beginning July 1, 2002, the surcharge is $145.  
122.20  Beginning July 1, 2003, the surcharge is $380.  The $250 fee is 
122.21  to be credited as follows: 
122.22     (1) Twenty percent must be credited to the trunk highway 
122.23  fund. 
122.24     (2) Fifty-five percent must be credited to the general fund.
122.25     (3) Eight percent must be credited to a separate account to 
122.26  be known as the bureau of criminal apprehension account.  Money 
122.27  in this account may be appropriated to the commissioner of 
122.28  public safety and the appropriated amount must be apportioned 80 
122.29  percent for laboratory costs and 20 percent for carrying out the 
122.30  provisions of section 299C.065. 
122.31     (4) Twelve percent must be credited to a separate account 
122.32  to be known as the alcohol-impaired driver education account.  
122.33  Money in the account is appropriated as follows: 
122.34     (i) the first $200,000 in a fiscal year to the commissioner 
122.35  of children, families, and learning for programs for elementary 
122.36  and secondary school students; and 
123.1      (ii) the remainder credited in a fiscal year to the 
123.2   commissioner of transportation to be spent as grants to the 
123.3   Minnesota highway safety center at St. Cloud State University 
123.4   for programs relating to alcohol and highway safety education in 
123.5   elementary and secondary schools. 
123.6      (5) Five percent must be credited to a separate account to 
123.7   be known as the traumatic brain injury and spinal cord injury 
123.8   account.  The money in the account is annually appropriated to 
123.9   the commissioner of health to be used as follows:  35 percent 
123.10  for a contract with a qualified community-based organization to 
123.11  provide information, resources, and support to assist persons 
123.12  with traumatic brain injury and their families to access 
123.13  services, and 65 percent to maintain the traumatic brain injury 
123.14  and spinal cord injury registry created in section 144.662.  For 
123.15  the purposes of this clause, a "qualified community-based 
123.16  organization" is a private, not-for-profit organization of 
123.17  consumers of traumatic brain injury services and their family 
123.18  members.  The organization must be registered with the United 
123.19  States Internal Revenue Service under section 501(c)(3) as a 
123.20  tax-exempt organization and must have as its purposes:  
123.21     (i) the promotion of public, family, survivor, and 
123.22  professional awareness of the incidence and consequences of 
123.23  traumatic brain injury; 
123.24     (ii) the provision of a network of support for persons with 
123.25  traumatic brain injury, their families, and friends; 
123.26     (iii) the development and support of programs and services 
123.27  to prevent traumatic brain injury; 
123.28     (iv) the establishment of education programs for persons 
123.29  with traumatic brain injury; and 
123.30     (v) the empowerment of persons with traumatic brain injury 
123.31  through participation in its governance. 
123.32  No patient's name, identifying information or identifiable 
123.33  medical data will be disclosed to the organization without the 
123.34  informed voluntary written consent of the patient or patient's 
123.35  guardian, or if the patient is a minor, of the parent or 
123.36  guardian of the patient. 
124.1      (c) The $40 surcharge must be credited to a separate 
124.2   account to be known as the remote electronic alcohol monitoring 
124.3   program account.  The commissioner shall transfer the balance of 
124.4   this account to the commissioner of finance on a monthly basis 
124.5   for deposit in the general fund. 
124.6      (d) When these fees are collected by a licensing agent, 
124.7   appointed under section 171.061, a handling charge is imposed in 
124.8   the amount specified under section 171.061, subdivision 4.  The 
124.9   reinstatement fees and surcharge must be deposited in an 
124.10  approved state depository as directed under section 171.061, 
124.11  subdivision 4. 
124.12     Sec. 13.  [SUPERVISION LEVEL.] 
124.13     Nothing in this act requires a different level of 
124.14  supervision for offenders than is currently required by law. 
124.15     Sec. 14.  [STUDY.] 
124.16     By January 15, 2004, and each year thereafter through 
124.17  January 15, 2007, the commissioner of corrections must report to 
124.18  the chairs and ranking minority members of the house and senate 
124.19  committees having jurisdiction over criminal justice and 
124.20  judiciary finance issues on the implementation and effects of 
124.21  the felony level driving while impaired offense.  The report 
124.22  must include the following information on felony level driving 
124.23  while impaired offenses: 
124.24     (1) the number of persons convicted; 
124.25     (2) the number of trials taken to verdict, separating out 
124.26  cases tried to a judge versus cases tried to a jury, and the 
124.27  number of convictions for each; 
124.28     (3) the number of offenders incarcerated locally and the 
124.29  term of incarceration; 
124.30     (4) the number placed on probation and the length of the 
124.31  probation; 
124.32     (5) the number for whom probation is revoked, the reasons 
124.33  for revocation, and the consequences imposed; 
124.34     (6) the number given an executed prison sentence upon 
124.35  conviction and the length of the sentence; 
124.36     (7) the number given an executed prison sentence upon 
125.1   revocation of probation and the length of sentence; 
125.2      (8) the number who successfully complete treatment in 
125.3   prison; 
125.4      (9) the number placed on intensive supervision following 
125.5   release from incarceration; 
125.6      (10) the number who violate supervised release and the 
125.7   consequences imposed; and 
125.8      (11) any other information the commissioner deems relevant 
125.9   to estimating future costs. 
125.10     Sec. 15.  [FELONY DRIVING WHILE IMPAIRED APPROPRIATIONS.] 
125.11     Subdivision 1.  [TOTAL APPROPRIATION.] $......... is 
125.12  appropriated from the general fund to the agencies and for the 
125.13  purposes specified in this article, to be available for the 
125.14  fiscal year ending June 30, 2003.  The amounts that may be spent 
125.15  from this appropriation for each program are specified in the 
125.16  following subdivisions. 
125.17     Subd. 2.  [CORRECTIONS.] (a) $......... is appropriated to 
125.18  the department of corrections.  The amounts that may be spent 
125.19  from this appropriation for each program are specified in the 
125.20  following paragraphs. 
125.21     (b) $......... is appropriated to correctional institutions 
125.22  for increased costs due to the bed impact of the felony-level 
125.23  driving while impaired penalty. 
125.24     (c) $....... is appropriated to community services for 
125.25  increased community supervision costs due to the felony-level 
125.26  driving while impaired penalty. 
125.27     Subd. 3.  [PUBLIC SAFETY.] $...... is appropriated to the 
125.28  bureau of criminal apprehension for increased costs associated 
125.29  with providing trial support due to the felony-level driving 
125.30  while impaired penalty. 
125.31     Subd. 4.  [DISTRICT COURTS.] $...... is appropriated to the 
125.32  district courts.  Of this amount, $....... is for hiring retired 
125.33  judges to help with increased caseload demand due to the 
125.34  felony-level driving while impaired penalty, and $...... is for 
125.35  increased jury costs due to the felony-level driving while 
125.36  impaired penalty. 
126.1      Subd. 5.  [COURT OF APPEALS.] $...... is appropriated to 
126.2   the court of appeals for costs associated with increased appeals 
126.3   due to the felony-level driving while impaired penalty. 
126.4      Subd. 6.  [BOARD OF PUBLIC DEFENSE.] $....... is 
126.5   appropriated to the board of public defense for costs associated 
126.6   with increased trials and appeals due to the felony-level 
126.7   driving while impaired penalty. 
126.8      Sec. 16.  [EFFECTIVE DATE.] 
126.9      Sections 1 to 11, 13, and 14 are effective August 1, 2002, 
126.10  and apply to crimes committed on or after that date.  However, 
126.11  violations occurring before August 1, 2002, that are listed in 
126.12  Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are 
126.13  considered qualified prior impaired driving incidents for 
126.14  purposes of this act.  Section 12 is effective July 1, 2001. 
126.15                             ARTICLE 9 
126.16                    MISCELLANEOUS DWI PROVISIONS 
126.17     Section 1.  Minnesota Statutes 2000, section 169A.277, 
126.18  subdivision 2, is amended to read: 
126.19     Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
126.20  person described in subdivision 1 to a stayed sentence and when 
126.21  electronic monitoring equipment is available to the court, the 
126.22  court shall require that the person participate in a program of 
126.23  electronic alcohol monitoring in addition to any other 
126.24  conditions of probation or jail time it imposes.  During the 
126.25  first one-third of the person's probationary term, the 
126.26  electronic alcohol monitoring must be continuous and involve 
126.27  measurements of the person's alcohol concentration at least 
126.28  three times a day.  During the remainder of the person's 
126.29  probationary term, the electronic alcohol monitoring may be 
126.30  intermittent, as determined by the court.  The court must order 
126.31  the monitoring for a minimum of 30 consecutive days during each 
126.32  year of the person's probationary period. 
126.33     Sec. 2.  Minnesota Statutes 2000, section 169A.28, 
126.34  subdivision 2, is amended to read: 
126.35     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
126.36  OFFENSES.] (a) When a person is being sentenced for a violation 
127.1   of a provision listed in paragraph (e), the court may sentence 
127.2   the person to a consecutive term of imprisonment for a violation 
127.3   of any other provision listed in paragraph (e), notwithstanding 
127.4   the fact that the offenses arose out of the same course of 
127.5   conduct, subject to the limitation on consecutive sentences 
127.6   contained in section 609.15, subdivision 2, and except as 
127.7   provided in paragraphs (b) and (c). 
127.8      (b) When a person is being sentenced for a violation of 
127.9   section 171.09 (violation of condition of restricted license), 
127.10  171.20 (operation after revocation, suspension, cancellation, or 
127.11  disqualification), 171.24 (driving without valid license), or 
127.12  171.30 (violation of condition of limited license), the court 
127.13  may not impose a consecutive sentence for another violation of a 
127.14  provision in chapter 171 (drivers' licenses and training 
127.15  schools). 
127.16     (c) When a person is being sentenced for a violation of 
127.17  section 169.791 (failure to provide proof of insurance) or 
127.18  169.797 (failure to provide vehicle insurance), the court may 
127.19  not impose a consecutive sentence for another violation of a 
127.20  provision of sections 169.79 to 169.7995. 
127.21     (d) This subdivision does not limit the authority of the 
127.22  court to impose consecutive sentences for crimes arising on 
127.23  different dates or to impose a consecutive sentence when a 
127.24  person is being sentenced for a crime and is also in violation 
127.25  of the conditions of a stayed or otherwise deferred sentence 
127.26  under section 609.135 (stay of imposition or execution of 
127.27  sentence). 
127.28     (e) This subdivision applies to misdemeanor and gross 
127.29  misdemeanor violations of the following if the offender has two 
127.30  or more prior impaired driving convictions within the past ten 
127.31  years: 
127.32     (1) section 169A.20, subdivision 1 (driving while impaired; 
127.33  impaired driving offenses); 
127.34     (2) section 169A.20, subdivision 2 (driving while impaired; 
127.35  test refusal offense); 
127.36     (3) section 169.791; 
128.1      (3) (4) section 169.797; 
128.2      (4) (5) section 171.09 (violation of condition of 
128.3   restricted license); 
128.4      (6) section 171.20, subdivision 2 (operation after 
128.5   revocation, suspension, cancellation, or disqualification); 
128.6      (5) (7) section 171.24; and 
128.7      (6) (8) section 171.30. 
128.8      Sec. 3.  Minnesota Statutes 2000, section 169A.35, 
128.9   subdivision 1, is amended to read: 
128.10     Subdivision 1.  [DEFINITIONS.] As used in this section: 
128.11     (1) "alcoholic beverage" has the meaning given it in 
128.12  section 340A.101, subdivision 2; 
128.13     (2) "distilled spirits" has the meaning given it in section 
128.14  340A.101, subdivision 9; 
128.15     (3) "motor vehicle" does not include motorboats in 
128.16  operation or off-road recreational vehicles; and 
128.17     (2) (4) "possession" means either that the person had 
128.18  actual possession of the bottle or receptacle or that the person 
128.19  consciously exercised dominion and control over the bottle or 
128.20  receptacle; and 
128.21     (5) "3.2 percent malt liquor" has the meaning given it in 
128.22  section 340A.101, subdivision 19. 
128.23     Sec. 4.  Minnesota Statutes 2000, section 169A.35, is 
128.24  amended by adding a subdivision to read: 
128.25     Subd. 1a.  [ALCOHOLIC BEVERAGE, DISTILLED SPIRIT, 3.2 MALT 
128.26  LIQUOR; DETERMINATION.] For purposes of this section only, when 
128.27  determining whether a beverage is an alcoholic beverage, a 
128.28  distilled spirit, or 3.2 percent malt liquor: 
128.29     (1) "alcohol by volume" means milliliters of alcohol per 
128.30  100 milliliters of beverage; and 
128.31     (2) "alcohol by weight" means grams of alcohol per 100 
128.32  grams of beverage. 
128.33     Sec. 5.  Minnesota Statutes 2000, section 169A.37, 
128.34  subdivision 1, is amended to read: 
128.35     Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
128.36  person to: 
129.1      (1) to fail to comply with an impoundment order under 
129.2   section 169A.60 (administrative plate impoundment); 
129.3      (2) to file a false statement under section 169A.60, 
129.4   subdivision 7 or, 8, or 14; 
129.5      (3) to operate a self-propelled motor vehicle on a street 
129.6   or highway when the vehicle is subject to an impoundment order 
129.7   issued under section 169A.60, unless specially coded plates have 
129.8   been issued for the vehicle pursuant to section 169A.60, 
129.9   subdivision 13; or 
129.10     (4) to fail to notify the commissioner of the impoundment 
129.11  order when requesting new plates.; 
129.12     (5) who is subject to a plate impoundment order under 
129.13  section 169A.60, to drive, operate, or be in control of any 
129.14  motor vehicle during the impoundment period, unless the vehicle 
129.15  has specially coded plates issued pursuant to section 169A.60, 
129.16  subdivision 13, and the person is validly licensed to drive; or 
129.17     (6) who is the transferee of a motor vehicle and who has 
129.18  signed a sworn statement under section 169A.60, subdivision 14, 
129.19  to allow the previously registered owner to drive, operate, or 
129.20  be in control of the vehicle during the impoundment period. 
129.21     Sec. 6.  Minnesota Statutes 2000, section 169A.41, 
129.22  subdivision 2, is amended to read: 
129.23     Subd. 2.  [USE OF TEST RESULTS.] The results of this 
129.24  preliminary screening test must be used for the purpose of 
129.25  deciding whether an arrest should be made and whether to require 
129.26  the tests authorized in section 169A.51 (chemical tests for 
129.27  intoxication), but must not be used in any court action except 
129.28  the following: 
129.29     (1) to prove that a test was properly required of a person 
129.30  pursuant to section 169A.51, subdivision 1; 
129.31     (2) in a civil action arising out of the operation or use 
129.32  of the motor vehicle; 
129.33     (3) in an action for license reinstatement under section 
129.34  171.19; 
129.35     (4) in a prosecution for a violation of section 169A.20, 
129.36  subdivision 2 (driving while impaired; test refusal); 
130.1      (5) in a prosecution or juvenile court proceeding 
130.2   concerning a violation of section 169A.33 (underage drinking and 
130.3   driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
130.4   (underage alcohol consumption); 
130.5      (5) (6) in a prosecution under section 169A.31, 
130.6   (alcohol-related school or Head Start bus driving); or 171.30 
130.7   (limited license); or 
130.8      (6) (7) in a prosecution for a violation of a restriction 
130.9   on a driver's license under section 171.09, which provides that 
130.10  the license holder may not use or consume any amount of alcohol 
130.11  or a controlled substance. 
130.12     Sec. 7.  Minnesota Statutes 2000, section 169A.54, 
130.13  subdivision 6, is amended to read: 
130.14     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
130.15  Except for a person whose license has been revoked under 
130.16  subdivision 2, and except for a person convicted of a violation 
130.17  of section 169A.20 (driving while impaired) while having a child 
130.18  under the age of 16 in the vehicle if the child is more than 36 
130.19  months younger than the offender, (a) Any person whose license 
130.20  has been revoked pursuant to section 169A.52 (license revocation 
130.21  for test failure or refusal) as the result of the same incident, 
130.22  and who does not have a qualified prior impaired driving 
130.23  incident, is subject to the mandatory revocation provisions of 
130.24  subdivision 1, clause (1) or (2), in lieu of the mandatory 
130.25  revocation provisions of section 169A.52. 
130.26     (b) Paragraph (a) does not apply to: 
130.27     (1) a person whose license has been revoked under 
130.28  subdivision 2 (driving while impaired by person under age 21); 
130.29     (2) a person charged with violating section 169A.20 
130.30  (driving while impaired) with the aggravating factor of having 
130.31  an alcohol concentration of 0.20 or more as measured at the 
130.32  time, or within two hours of the time, of the offense, and the 
130.33  person is convicted of that offense or any other offense 
130.34  described in section 169A.20 arising out of the same set of 
130.35  circumstances; or 
130.36     (3) a person charged with violating section 169A.20 
131.1   (driving while impaired) with the aggravating factor of having a 
131.2   child under the age of 16 in the vehicle and the child is more 
131.3   than 36 months younger than the offender, and the person is 
131.4   convicted of that offense or any other offense described in 
131.5   section 169A.20 arising out of the same set of circumstances. 
131.6      Sec. 8.  Minnesota Statutes 2000, section 169A.60, 
131.7   subdivision 1, is amended to read: 
131.8      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
131.9   the following terms have the meanings given in this subdivision. 
131.10     (b) "Motor vehicle" means a self-propelled motor vehicle 
131.11  other than a motorboat in operation or a an off-road 
131.12  recreational vehicle. 
131.13     (c) "Plate impoundment violation" includes: 
131.14     (1) a violation of section 169A.20 (driving while impaired) 
131.15  or 169A.52 (license revocation for test failure or refusal), or 
131.16  a conforming ordinance from this state or a conforming statute 
131.17  or ordinance from another state, that results in the revocation 
131.18  of a person's driver's license or driving privileges, within ten 
131.19  years of a qualified prior impaired driving incident; 
131.20     (2) a license disqualification under section 171.165 
131.21  (commercial driver's license disqualification) resulting from a 
131.22  violation of section 169A.52 within ten years of a qualified 
131.23  prior impaired driving incident; 
131.24     (3) a violation of section 169A.20 or 169A.52 while having 
131.25  an alcohol concentration of 0.20 or more as measured at the 
131.26  time, or within two hours of the time, of the offense; 
131.27     (4) a violation of section 169A.20 or 169A.52 while having 
131.28  a child under the age of 16 in the vehicle if the child is more 
131.29  than 36 months younger than the offender; and 
131.30     (5) a violation of section 171.24 (driving without valid 
131.31  license) by a person whose driver's license or driving 
131.32  privileges have been canceled under section 171.04, subdivision 
131.33  1, clause (10) (persons not eligible for driver's license, 
131.34  inimical to public safety). 
131.35     (d) "Significant relationship" has the same meaning as 
131.36  given in section 609.341, subdivision 15, and includes any 
132.1   person with whom the actor regularly associates and communicates 
132.2   outside of a workplace setting. 
132.3      (e) "Violator" means a person who was driving, operating, 
132.4   or in physical control of the motor vehicle when the plate 
132.5   impoundment violation occurred. 
132.6      Sec. 9.  Minnesota Statutes 2000, section 169A.60, 
132.7   subdivision 13, is amended to read: 
132.8      Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
132.9   during the effective period of an impoundment order, a violator 
132.10  or registered owner may apply to the commissioner for new 
132.11  registration plates, which must bear a special series of numbers 
132.12  or letters so as to be readily identified by traffic law 
132.13  enforcement officers.  The commissioner may authorize the 
132.14  issuance of special plates if: 
132.15     (1) the violator has a qualified licensed driver whom the 
132.16  violator must identify; 
132.17     (2) the violator or registered owner has a limited license 
132.18  issued under section 171.30; 
132.19     (3) the registered owner is not the violator and the 
132.20  registered owner has a valid or limited driver's license; or 
132.21     (4) a member of the registered owner's household has a 
132.22  valid driver's license; or 
132.23     (5) the violator has been reissued a valid driver's license.
132.24     (b) The commissioner may not issue new registration plates 
132.25  for that vehicle subject to plate impoundment for a period of at 
132.26  least one year from the date of the impoundment order and until 
132.27  the next regularly scheduled registration date following the 
132.28  impoundment period.  In addition, if the owner is the violator, 
132.29  new registration plates may not be issued for the vehicle unless 
132.30  the person has been reissued a valid driver's license in 
132.31  accordance with chapter 171. 
132.32     (c) A violator may not apply for new registration plates 
132.33  for a vehicle at any time before the person's driver's license 
132.34  is reinstated. 
132.35     (d) The commissioner may issue the special plates on 
132.36  payment of a $50 fee for each vehicle for which special plates 
133.1   are requested. 
133.2      (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
133.3   must issue upon request new registration plates for a vehicle 
133.4   for which the registration plates have been impounded if: 
133.5      (1) the impoundment order is rescinded; 
133.6      (2) the vehicle is transferred in compliance with 
133.7   subdivision 14; or 
133.8      (3) the vehicle is transferred to a Minnesota automobile 
133.9   dealer licensed under section 168.27, a financial institution 
133.10  that has submitted a repossession affidavit, or a government 
133.11  agency. 
133.12     Sec. 10.  Minnesota Statutes 2000, section 169A.60, 
133.13  subdivision 14, is amended to read: 
133.14     Subd. 14.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 
133.15  (a) A registered owner may not sell or transfer a motor vehicle 
133.16  during the time its registration plates have been ordered 
133.17  impounded or during the time its registration plates bear a 
133.18  special series number, unless: 
133.19     (1) the sale is for a valid consideration; 
133.20     (2) the transferee does and the registered owner: 
133.21     (i) are not, and have not been, related by blood, adoption, 
133.22  or marriage; 
133.23     (ii) do not reside in the same household as the registered 
133.24  owner; and 
133.25     (iii) do not have, and have not had at any time, a 
133.26  significant relationship with one another; 
133.27     (3) the transferee signs an acceptable sworn statement with 
133.28  the commissioner attesting that: 
133.29     (i) the transferee and the violator do not have, and have 
133.30  not had at any time, a significant relationship with one 
133.31  another; 
133.32     (ii) the transferee understands that the vehicle is subject 
133.33  to an impoundment order; and 
133.34     (iii) it is a crime under section 169A.37 to file a false 
133.35  statement under this section or to allow the previously 
133.36  registered owner to drive, operate, or be in control of the 
134.1   vehicle during the impoundment period; and 
134.2      (4) all elements of section 168A.10 (transfer of interest 
134.3   by owner) are satisfied. 
134.4      (b) If the conditions of paragraph (a) are satisfied, the 
134.5   registrar may then transfer the title to the new owner upon 
134.6   proper application and issue new registration plates for the 
134.7   vehicle. 
134.8      Sec. 11.  Minnesota Statutes 2000, section 169A.63, 
134.9   subdivision 1, is amended to read: 
134.10     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
134.11  the following terms have the meanings given them.  
134.12     (b) "Appropriate agency" means a law enforcement agency 
134.13  that has the authority to make an arrest for a violation of a 
134.14  designated offense or to require a test under section 169A.51 
134.15  (chemical tests for intoxication). 
134.16     (c) "Designated license revocation" includes a license 
134.17  revocation under section 169A.52 (license revocation for test 
134.18  failure or refusal) or a license disqualification under section 
134.19  171.165 (commercial driver's license disqualification) resulting 
134.20  from a violation of section 169A.52; within ten years of the 
134.21  first of two or more qualified prior impaired driving incidents. 
134.22     (d) "Designated offense" includes: 
134.23     (1) a violation of section 169A.20 (driving while impaired) 
134.24  under the circumstances described in section 169A.25 
134.25  (first-degree driving while impaired); or 
134.26     (2) a violation of section 169A.20 or an ordinance in 
134.27  conformity with it: 
134.28     (i) by a person whose driver's license or driving 
134.29  privileges have been canceled as inimical to public safety under 
134.30  section 171.04, subdivision 1, clause (10); or 
134.31     (ii) by a person who is subject to a restriction on the 
134.32  person's driver's license under section 171.09 (commissioner's 
134.33  license restrictions), which provides that the person may not 
134.34  use or consume any amount of alcohol or a controlled substance. 
134.35     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
134.36  which is stolen or taken in violation of the law. 
135.1      (f) "Owner" means the registered owner of the motor vehicle 
135.2   according to records of the department of public safety and 
135.3   includes a lessee of a motor vehicle if the lease agreement has 
135.4   a term of 180 days or more. 
135.5      (g) "Prosecuting authority" means the attorney in the 
135.6   jurisdiction in which the designated offense occurred who is 
135.7   responsible for prosecuting violations of a designated 
135.8   offense or a designee.  If a state agency initiated the 
135.9   forfeiture, and the attorney responsible for prosecuting the 
135.10  designated offense declines to pursue forfeiture, the attorney 
135.11  general's office or its designee may initiate forfeiture under 
135.12  this section. 
135.13     Sec. 12.  Minnesota Statutes 2000, section 171.09, is 
135.14  amended to read: 
135.15     171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS; VIOLATIONS.] 
135.16     (a) The commissioner shall have the authority, when good 
135.17  cause appears, to impose restrictions suitable to the licensee's 
135.18  driving ability or such other restrictions applicable to the 
135.19  licensee as the commissioner may determine to be appropriate to 
135.20  assure the safe operation of a motor vehicle by the licensee.  
135.21  The commissioner may, upon receiving satisfactory evidence of 
135.22  any violation of the restrictions of the license, suspend or 
135.23  revoke the license.  A license suspension under this section is 
135.24  subject to section 171.18, subdivisions 2 and 3. 
135.25     (b) It is unlawful for any person to operate A person who 
135.26  drives, operates, or is in physical control of a motor 
135.27  vehicle in any manner while in violation of the restrictions 
135.28  imposed in a restricted driver's license issued to that person 
135.29  under paragraph (a) is guilty of a crime as follows: 
135.30     (1) if the restriction relates to the possession or 
135.31  consumption of alcohol or controlled substances, the person is 
135.32  guilty of a gross misdemeanor; or 
135.33     (2) if the restriction relates to another matter, the 
135.34  person is guilty of a misdemeanor.  
135.35     Sec. 13.  Minnesota Statutes 2000, section 171.29, 
135.36  subdivision 2, is amended to read: 
136.1      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
136.2   license has been revoked as provided in subdivision 1, except 
136.3   under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 
136.4   fee before the driver's license is reinstated. 
136.5      (b) A person whose driver's license has been revoked as 
136.6   provided in subdivision 1 under section 169A.52 or, 169A.54, or 
136.7   609.21, shall pay a $250 fee plus a $40 surcharge before the 
136.8   driver's license is reinstated.  The $250 fee is to be credited 
136.9   as follows: 
136.10     (1) Twenty percent must be credited to the trunk highway 
136.11  fund. 
136.12     (2) Fifty-five percent must be credited to the general fund.
136.13     (3) Eight percent must be credited to a separate account to 
136.14  be known as the bureau of criminal apprehension account.  Money 
136.15  in this account may be appropriated to the commissioner of 
136.16  public safety and the appropriated amount must be apportioned 80 
136.17  percent for laboratory costs and 20 percent for carrying out the 
136.18  provisions of section 299C.065. 
136.19     (4) Twelve percent must be credited to a separate account 
136.20  to be known as the alcohol-impaired driver education account.  
136.21  Money in the account is appropriated as follows: 
136.22     (i) the first $200,000 in a fiscal year to the commissioner 
136.23  of children, families, and learning for programs for elementary 
136.24  and secondary school students; and 
136.25     (ii) the remainder credited in a fiscal year to the 
136.26  commissioner of transportation to be spent as grants to the 
136.27  Minnesota highway safety center at St. Cloud State University 
136.28  for programs relating to alcohol and highway safety education in 
136.29  elementary and secondary schools. 
136.30     (5) Five percent must be credited to a separate account to 
136.31  be known as the traumatic brain injury and spinal cord injury 
136.32  account.  The money in the account is annually appropriated to 
136.33  the commissioner of health to be used as follows:  35 percent 
136.34  for a contract with a qualified community-based organization to 
136.35  provide information, resources, and support to assist persons 
136.36  with traumatic brain injury and their families to access 
137.1   services, and 65 percent to maintain the traumatic brain injury 
137.2   and spinal cord injury registry created in section 144.662.  For 
137.3   the purposes of this clause, a "qualified community-based 
137.4   organization" is a private, not-for-profit organization of 
137.5   consumers of traumatic brain injury services and their family 
137.6   members.  The organization must be registered with the United 
137.7   States Internal Revenue Service under section 501(c)(3) as a 
137.8   tax-exempt organization and must have as its purposes:  
137.9      (i) the promotion of public, family, survivor, and 
137.10  professional awareness of the incidence and consequences of 
137.11  traumatic brain injury; 
137.12     (ii) the provision of a network of support for persons with 
137.13  traumatic brain injury, their families, and friends; 
137.14     (iii) the development and support of programs and services 
137.15  to prevent traumatic brain injury; 
137.16     (iv) the establishment of education programs for persons 
137.17  with traumatic brain injury; and 
137.18     (v) the empowerment of persons with traumatic brain injury 
137.19  through participation in its governance. 
137.20  No patient's name, identifying information or identifiable 
137.21  medical data will be disclosed to the organization without the 
137.22  informed voluntary written consent of the patient or patient's 
137.23  guardian, or if the patient is a minor, of the parent or 
137.24  guardian of the patient. 
137.25     (c) The $40 surcharge must be credited to a separate 
137.26  account to be known as the remote electronic alcohol monitoring 
137.27  program account.  The commissioner shall transfer the balance of 
137.28  this account to the commissioner of finance on a monthly basis 
137.29  for deposit in the general fund. 
137.30     (d) When these fees are collected by a licensing agent, 
137.31  appointed under section 171.061, a handling charge is imposed in 
137.32  the amount specified under section 171.061, subdivision 4.  The 
137.33  reinstatement fees and surcharge must be deposited in an 
137.34  approved state depository as directed under section 171.061, 
137.35  subdivision 4. 
137.36     Sec. 14.  Minnesota Statutes 2000, section 609.035, 
138.1   subdivision 2, is amended to read: 
138.2      Subd. 2.  (a) When a person is being sentenced for a 
138.3   violation of a provision listed in paragraph (e), the court may 
138.4   sentence the person to a consecutive term of imprisonment for a 
138.5   violation of any other provision listed in paragraph (e), 
138.6   notwithstanding the fact that the offenses arose out of the same 
138.7   course of conduct, subject to the limitation on consecutive 
138.8   sentences contained in section 609.15, subdivision 2, and except 
138.9   as provided in paragraphs (b), (c), and (f) of this subdivision. 
138.10     (b) When a person is being sentenced for a violation of 
138.11  section 171.09, 171.20, 171.24, or 171.30, the court may not 
138.12  impose a consecutive sentence for another violation of a 
138.13  provision in chapter 171. 
138.14     (c) When a person is being sentenced for a violation of 
138.15  section 169.791 or 169.797, the court may not impose a 
138.16  consecutive sentence for another violation of a provision of 
138.17  sections 169.79 to 169.7995. 
138.18     (d) This subdivision does not limit the authority of the 
138.19  court to impose consecutive sentences for crimes arising on 
138.20  different dates or to impose a consecutive sentence when a 
138.21  person is being sentenced for a crime and is also in violation 
138.22  of the conditions of a stayed or otherwise deferred sentence 
138.23  under section 609.135. 
138.24     (e) This subdivision applies to misdemeanor and gross 
138.25  misdemeanor violations of the following if the offender has two 
138.26  or more prior impaired driving convictions as defined in section 
138.27  169A.03 within the past ten years: 
138.28     (1) section 169A.20, subdivision 1, driving while impaired; 
138.29     (2) section 169A.20, subdivision 2, test refusal; 
138.30     (3) section 169.791, failure to provide proof of insurance; 
138.31     (3) (4) section 169.797, failure to provide vehicle 
138.32  insurance; 
138.33     (4) (5) section 171.09, violation of condition of 
138.34  restricted license; 
138.35     (6) section 171.20, subdivision 2, operation after 
138.36  revocation, suspension, cancellation, or disqualification; 
139.1      (5) (7) section 171.24, driving without valid license; and 
139.2      (6) (8) section 171.30, violation of condition of limited 
139.3   license. 
139.4      (f) When a court is sentencing an offender for a violation 
139.5   of section 169A.20 and a violation of an offense listed in 
139.6   paragraph (e), and the offender has five or more qualified prior 
139.7   impaired driving incidents, as defined in section 169A.03, 
139.8   within the past ten years, the court shall sentence the offender 
139.9   to serve consecutive sentences for the offenses, notwithstanding 
139.10  the fact that the offenses arose out of the same course of 
139.11  conduct. 
139.12     Sec. 15.  Minnesota Statutes 2000, section 626.52, is 
139.13  amended by adding a subdivision to read: 
139.14     Subd. 4.  [IMMUNITY FROM LIABILITY.] Any person reporting 
139.15  in good faith and exercising due care shall have immunity from 
139.16  any liability, civil or criminal, that otherwise might result by 
139.17  reason of the person's actions pursuant to this section or 
139.18  section 626.53.  No cause of action may be brought against any 
139.19  person for not making a report pursuant to this section or 
139.20  section 626.53. 
139.21     Sec. 16.  [REPEALER.] 
139.22     Minnesota Statutes 2000, section 626.55, subdivision 2, is 
139.23  repealed. 
139.24     Sec. 17.  [EFFECTIVE DATES.] 
139.25     Provisions in this article that relate to crimes are 
139.26  effective August 1, 2001, and apply to crimes or acts committed 
139.27  on or after that date.