HF 2746

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to terrorism; data practices; enacting the 
  1.3             Minnesota Anti-Terrorism Act of 2002; establishing 
  1.4             crimes and setting penalties for crimes involving 
  1.5             weapons of mass destruction, explosives, and hoaxes 
  1.6             relating to such crimes; interception of 
  1.7             communications; establishing hazardous materials 
  1.8             driver's endorsement regulations; establishing a 
  1.9             biological agents registry; authorizing rulemaking; 
  1.10            providing for a civil penalty; providing criminal 
  1.11            penalties; classifying certain data related to 
  1.12            terrorism; prescribing penalties; authorizing the 
  1.13            issuance of state bonds; appropriating money; amending 
  1.14            Minnesota Statutes 2000, sections 13.381, by adding a 
  1.15            subdivision; 13D.05, subdivision 3; 171.07, 
  1.16            subdivision 4; 171.27; 473.898, subdivision 3; 
  1.17            609.035, subdivision 1; 609.505; 609.506, subdivisions 
  1.18            1, 3; 609.605, by adding a subdivision; 609.668, 
  1.19            subdivision 6; 609.713, subdivisions 1, 2; 624.712, 
  1.20            subdivision 5; 626A.01, subdivisions 3, 16; 626A.05, 
  1.21            subdivision 2; 626A.06, subdivisions 11, 12; 626A.27; 
  1.22            626A.28; 631.40, by adding a subdivision; Minnesota 
  1.23            Statutes 2001 Supplement, sections 403.11, subdivision 
  1.24            1; 473.901, subdivision 1; proposing coding for new 
  1.25            law in Minnesota Statutes, chapters 144; 171; 609. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  [MINNESOTA ANTI-TERRORISM ACT OF 2002; 
  1.28  PURPOSE.] 
  1.29     Subdivision 1.  [SHORT TITLE.] This section may be cited as 
  1.30  the "Minnesota Anti-Terrorism Act of 2002." 
  1.31     Subd. 2.  [PURPOSE.] The acts of terrorism that struck the 
  1.32  United States of America on September 11, 2001, cannot be 
  1.33  tolerated in a civilized society.  While federal statutes deal 
  1.34  with terrorist acts, we need Minnesota state laws to complement 
  1.35  federal laws and to ensure that terrorists who commit atrocities 
  2.1   in our state are brought to justice and receive maximum 
  2.2   punishment to match their dastardly crimes.  Minnesota must send 
  2.3   a message to those who would commit terrorist acts which kill, 
  2.4   maim, and seriously injury our citizens, that our law 
  2.5   enforcement officials have the tools to investigate and 
  2.6   apprehend terrorists and that our laws will allow a punishment 
  2.7   that fits the seriousness of their crimes.  Equally important is 
  2.8   that Minnesota's laws are enforced fairly and protect the 
  2.9   freedoms of all ethnic, religious, and racial groups.  This 
  2.10  legislation is intended to deter and punish terrorist acts in 
  2.11  Minnesota and to enhance law enforcement's ability to train and 
  2.12  prepare for, as well as to investigate and respond to, acts of 
  2.13  terrorism, thereby providing public safety for all Minnesotans. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 13.381, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 3a.  [BIOLOGICAL AGENTS REGISTRY.] Data collected or 
  2.17  maintained by the commissioner of health in the biological 
  2.18  agents registry are classified under section 144.1208, 
  2.19  subdivision 4.  The release of such data is governed by section 
  2.20  144.1208, subdivision 4. 
  2.21     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  2.22     Sec. 3.  Minnesota Statutes 2000, section 13D.05, 
  2.23  subdivision 3, is amended to read: 
  2.24     Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
  2.25  may close a meeting to evaluate the performance of an individual 
  2.26  who is subject to its authority.  The public body shall identify 
  2.27  the individual to be evaluated prior to closing a meeting.  At 
  2.28  its next open meeting, the public body shall summarize its 
  2.29  conclusions regarding the evaluation.  A meeting must be open at 
  2.30  the request of the individual who is the subject of the meeting. 
  2.31     (b) Meetings may be closed if the closure is expressly 
  2.32  authorized by statute or permitted by the attorney-client 
  2.33  privilege.  
  2.34     (c) Meetings may be closed to receive security briefings 
  2.35  and reports and to discuss issues related to security systems; 
  2.36  emergency response procedures unrelated to medical treatment, 
  3.1   vaccination, medical testing, health surveillance, isolation, or 
  3.2   quarantine of individuals; and security deficiencies in public 
  3.3   services, infrastructure, and facilities if disclosure of the 
  3.4   information discussed would pose a clear danger to public 
  3.5   safety.  Financial issues related to security matters and all 
  3.6   related financial decisions must be made at an open meeting.  
  3.7   The proceedings of a closed meeting to discuss security 
  3.8   information must be tape-recorded at the expense of the public 
  3.9   body.  The recording must be preserved for two years after the 
  3.10  date of the closed meeting. 
  3.11     [EFFECTIVE DATE.] This section is effective July 1, 2002, 
  3.12  and will sunset on June 30, 2005. 
  3.13     Sec. 4.  [144.1208] [BIOLOGICAL AGENTS REGISTRY.] 
  3.14     Subdivision 1.  [REGISTRY ESTABLISHED.] The commissioner of 
  3.15  health shall establish a registry of all individuals and 
  3.16  entities, including state agencies, in this state that possess 
  3.17  or maintain a biological agent required to be reported under 
  3.18  this section.  The biological agents registry must list the 
  3.19  biological agents possessed or maintained by individuals and 
  3.20  entities in this state and the purposes for which each 
  3.21  biological agent is used. 
  3.22     Subd. 2.  [DEFINITION.] For purposes of this section, 
  3.23  "biological agent" means: 
  3.24     (1) a select agent that is a virus, bacterium, rickettsia, 
  3.25  fungus, or toxin listed in Code of Federal Regulations, title 
  3.26  42, part 72, appendix A; 
  3.27     (2) a genetically modified microorganism or genetic element 
  3.28  from an organism listed in Code of Federal Regulations, title 
  3.29  42, part 72, appendix A, shown to produce or encode for a factor 
  3.30  associated with a disease; or 
  3.31     (3) a genetically modified microorganism or genetic element 
  3.32  that contains nucleic acid sequences coding for any of the 
  3.33  toxins listed in Code of Federal Regulations, title 42, part 72, 
  3.34  appendix A, or their toxic subunits. 
  3.35     Subd. 3.  [REGISTRATION REQUIRED; OTHER REPORT.] (a) Any 
  3.36  individual or entity that possesses or maintains a biological 
  4.1   agent required to be reported under this section must register 
  4.2   with the commissioner on a form prepared by the commissioner, 
  4.3   within seven days after the individual or entity obtains a 
  4.4   biological agent.  When an individual or entity registers with 
  4.5   the commissioner, the individual or entity must: 
  4.6      (1) list all biological agents possessed or maintained by 
  4.7   the individual or entity; 
  4.8      (2) verify that the individual or entity is adequately 
  4.9   equipped to safely handle all biological agents possessed or 
  4.10  maintained; and 
  4.11     (3) describe the uses for which each biological agent is 
  4.12  being possessed or maintained.  
  4.13     (b) An individual or entity registered with the 
  4.14  commissioner must report to the commissioner within 24 hours 
  4.15  after an unauthorized individual or entity gains access or 
  4.16  attempts to gain access to a biological agent possessed or 
  4.17  maintained by the registered individual or entity.  The initial 
  4.18  report may be made orally but must be followed by a written 
  4.19  report if requested by the commissioner. 
  4.20     Subd. 4.  [DATA PRACTICES.] (a) All data collected or 
  4.21  maintained by the commissioner in the biological agents registry 
  4.22  are private data on individuals or nonpublic data but may be 
  4.23  released as provided in paragraph (b). 
  4.24     (b) The commissioner may release data collected or 
  4.25  maintained by the commissioner in the biological agents registry:
  4.26     (1) for the purpose of aiding or conducting an 
  4.27  epidemiologic investigation of a communicable disease; 
  4.28     (2) to the United States Centers for Disease Control and 
  4.29  Prevention in any investigation involving the release, theft, or 
  4.30  loss of a biological agent required to be reported under this 
  4.31  section; or 
  4.32     (3) to state and federal law enforcement agencies in any 
  4.33  investigation involving the release, theft, loss, or suspended 
  4.34  or attempted misuse of a biological agent required to be 
  4.35  reported under this section. 
  4.36     Subd. 5.  [COOPERATION.] The commissioner shall cooperate 
  5.1   with the United States Centers for Disease Control and 
  5.2   Prevention and state and federal law enforcement agencies in any 
  5.3   investigation involving the release, theft, or loss of a 
  5.4   biological agent required to be reported under this section. 
  5.5      Subd. 6.  [PENALTY.] The commissioner shall impose a fine 
  5.6   of up to $1,000 on any person who willfully or knowingly 
  5.7   violates any provision of this section.  Each day of a 
  5.8   continuing violation shall constitute a separate offense. 
  5.9      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  5.10     Sec. 5.  Minnesota Statutes 2000, section 171.07, 
  5.11  subdivision 4, is amended to read: 
  5.12     Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
  5.13  this subdivision, the expiration date of Minnesota 
  5.14  identification cards of applicants under the age of 65 shall be 
  5.15  the birthday of the applicant in the fourth year following the 
  5.16  date of issuance of the card. 
  5.17     (b) Minnesota identification cards issued to applicants age 
  5.18  65 or over shall be valid for the lifetime of the applicant. 
  5.19     (c) The expiration date for an Under-21 identification card 
  5.20  is the card holder's 21st birthday.  The commissioner shall 
  5.21  issue an identification card to a holder of an Under-21 
  5.22  identification card who applies for the card, pays the required 
  5.23  fee, and presents proof of identity and age, unless the 
  5.24  commissioner determines that the applicant is not qualified for 
  5.25  the identification card.  
  5.26     (d) Notwithstanding paragraph (a) or (b), the expiration 
  5.27  date for an identification card issued to a person who is 
  5.28  lawfully in the United States as a result of a document issued 
  5.29  by the United States Immigration and Naturalization Service or 
  5.30  successor agency that authorizes the person to remain in the 
  5.31  United States until a specified date is the date on which that 
  5.32  authorization expires, the date on which that authorization is 
  5.33  terminated, or four years after the date of issuance of the 
  5.34  identification card, whichever occurs first.  In the case of an 
  5.35  under-21 identification card issued to a person described in 
  5.36  this paragraph, the expiration date is the cardholder's 21st 
  6.1   birthday or the date on which the person's authorization to 
  6.2   remain in the United States expires or is terminated, whichever 
  6.3   occurs first.  An identification card issued with an expiration 
  6.4   date that is the date on which the cardholder's authorization to 
  6.5   remain in the United States expires must be clearly marked 
  6.6   "Temporary." 
  6.7      (e) The department shall not accept presentation of a 
  6.8   permit, driver's license, or identification card from another 
  6.9   United States state as proof of lawful short-term admission to 
  6.10  the United States, permanent United States resident status, or 
  6.11  United States citizenship. 
  6.12     (f) To demonstrate lawful short-term admission to the 
  6.13  United States, permanent United States resident status, or 
  6.14  United States citizenship, an applicant must attest to a 
  6.15  Minnesota residence address on the application form and present 
  6.16  either: 
  6.17     (1) a certified copy of a birth certificate issued by a 
  6.18  United States government bureau of vital statistics or by a 
  6.19  board of health of a United States jurisdiction; 
  6.20     (2) a certificate of naturalization issued by the United 
  6.21  States Department of Justice; 
  6.22     (3) a document issued by the United States Department of 
  6.23  Justice or United States Department of State indicating either 
  6.24  lawful short-term admission to the United States or permanent 
  6.25  United States resident status; or 
  6.26     (4) a Minnesota driving permit, driver's license, or 
  6.27  identification card that is current or expired for not more than 
  6.28  five years. 
  6.29     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  6.30     Sec. 6.  Minnesota Statutes 2000, section 171.27, is 
  6.31  amended to read: 
  6.32     171.27 [EXPIRATION OF LICENSE.] 
  6.33     Subdivision 1.  [GENERALLY.] Except as otherwise provided 
  6.34  in this section, the expiration date for each driver's license, 
  6.35  other than under-21 licenses, is the birthday of the driver in 
  6.36  the fourth year following the date of issuance of the license.  
  7.1   The birthday of the driver shall be as indicated on the 
  7.2   application for a driver's license.  A license may be renewed on 
  7.3   or before expiration or within one year after expiration upon 
  7.4   application, payment of the required fee, and passing the 
  7.5   examination required of all drivers for renewal.  Driving 
  7.6   privileges shall be extended or renewed on or preceding the 
  7.7   expiration date of an existing driver's license unless the 
  7.8   commissioner believes that the licensee is no longer qualified 
  7.9   as a driver.  
  7.10     Subd. 2.  [UNDER-21 LICENSE.] The expiration date for each 
  7.11  under-21 license shall be the 21st birthday of the licensee.  
  7.12  Upon the licensee attaining the age of 21 and upon the 
  7.13  application, payment of the required fee, and passing the 
  7.14  examination required of all drivers for renewal, a driver's 
  7.15  license shall be issued unless the commissioner determines that 
  7.16  the licensee is no longer qualified as a driver. 
  7.17     Subd. 3.  [PROVISIONAL LICENSE.] The expiration date for 
  7.18  each provisional license is two years after the date of 
  7.19  application for the provisional license.  
  7.20     Subd. 4.  [LICENSES ISSUED TO PERSONS IN UNITED STATES ON 
  7.21  TEMPORARY AUTHORITY.] Notwithstanding subdivisions 1 to 3, the 
  7.22  expiration date for a driver's license issued to a person who is 
  7.23  lawfully in the United States as a result of a document issued 
  7.24  by the United States Immigration and Naturalization Service or 
  7.25  successor agency that authorizes the person to remain in the 
  7.26  United States until a specified date is the date on which that 
  7.27  authorization expires, the date on which that authorization is 
  7.28  terminated, or four years after the date of issuance of the 
  7.29  license, whichever occurs first.  In the case of an under-21 
  7.30  license issued to a person described in this subdivision, the 
  7.31  expiration date is the cardholder's 21st birthday or the date on 
  7.32  which the person's authorization to remain in the United States 
  7.33  expires or is terminated, whichever occurs first.  In the case 
  7.34  of a provisional license issued to a person described in this 
  7.35  subdivision, the expiration date is the date on which the 
  7.36  person's authorization to remain in the United States expires or 
  8.1   is terminated, or two years after the date of application for 
  8.2   the provisional license, whichever occurs first.  A license 
  8.3   issued with an expiration date that is the date on which the 
  8.4   licensee's authorization to remain in the United States expires 
  8.5   must be clearly marked "Temporary." 
  8.6      Subd. 5.  [LICENSES TO PERSONS ON ACTIVE DUTY.] Any valid 
  8.7   Minnesota driver's license issued to a person then or 
  8.8   subsequently on active duty with the Armed Forces of the United 
  8.9   States, or the person's spouse, shall continue in full force and 
  8.10  effect without requirement for renewal until 90 days after the 
  8.11  date of the person's discharge from such service, provided that 
  8.12  a spouse's license must be renewed if the spouse is residing 
  8.13  within the state at the time the license expires or within 90 
  8.14  days after the spouse returns to Minnesota and resides within 
  8.15  the state. 
  8.16     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  8.17     Sec. 7.  [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIALS 
  8.18  DRIVER.] 
  8.19     Subdivision 1.  [ENDORSEMENT.] No person shall drive a 
  8.20  vehicle transporting hazardous materials without having a valid 
  8.21  class D driver's license with a hazardous materials endorsement 
  8.22  except as provided in section 171.02, subdivision 2a. 
  8.23     Subd. 2.  [RULES.] The commissioner of public safety shall 
  8.24  prescribe rules governing the qualifications of hazardous 
  8.25  materials drivers and tests required to obtain a hazardous 
  8.26  materials endorsement.  If the commissioner deems it necessary 
  8.27  to protect public safety, the commissioner may adopt rules 
  8.28  pursuant to section 14.388, clause (1), in order to implement 
  8.29  this section.  Rulemaking authority in this section and the 
  8.30  rules adopted under that authority expire July 1, 2005. 
  8.31     Subd. 3.  [RECORDS CHECK OF APPLICANT.] (a) Before issuing 
  8.32  or renewing a hazardous materials endorsement, the commissioner 
  8.33  shall conduct a criminal and driver's license records check of 
  8.34  the applicant.  The commissioner may also conduct the check at 
  8.35  any time while a person is so licensed.  The check must consist 
  8.36  of a criminal records check of the Minnesota criminal justice 
  9.1   information system and a check of the driver's license records 
  9.2   system.  If the applicant has resided in Minnesota for less than 
  9.3   ten years, the check must also include a criminal records check 
  9.4   of information from the state law enforcement agencies in the 
  9.5   states where the person resided during the ten years before 
  9.6   moving to Minnesota, and of the national criminal records 
  9.7   repository including the criminal justice data communications 
  9.8   network.  The applicant's failure to cooperate with the 
  9.9   commissioner in conducting the records check is reasonable cause 
  9.10  to deny an application or cancel a hazardous materials 
  9.11  endorsement.  The commissioner may not release the results of 
  9.12  the records check to any person except the applicant or the 
  9.13  applicant's designee in writing, unless there is evidence the 
  9.14  applicant intended to use the endorsement in the commission of a 
  9.15  crime. 
  9.16     (b) The commissioner may issue to an otherwise qualified 
  9.17  applicant a temporary hazardous materials endorsement, effective 
  9.18  for no more than 180 days, upon presentation of: 
  9.19     (1) an affidavit by the applicant that the applicant has 
  9.20  not been convicted of a disqualifying offense; and 
  9.21     (2) a criminal history check from each state of residence 
  9.22  for the previous ten years.  
  9.23  The criminal history check may be conducted and prepared by any 
  9.24  public or private source acceptable to the commissioner.  The 
  9.25  commissioner may reissue the temporary endorsement if the 
  9.26  national criminal records repository check is timely submitted 
  9.27  but not completed within the 180-day period. 
  9.28     Subd. 4.  [LICENSE VERIFICATION.] An employer or contractor 
  9.29  shall annually verify the validity of the driver's license of 
  9.30  each person who transports hazardous materials for the employer 
  9.31  or contractor with the National Drivers Register or with the 
  9.32  department of public safety. 
  9.33     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  9.34     Sec. 8.  [171.325] [CANCELING HAZARDOUS MATERIALS 
  9.35  ENDORSEMENT FOR CERTAIN OFFENSES.] 
  9.36     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 10.1   the following terms have the meanings given them. 
 10.2      (b) "Hazardous materials driver" means a person possessing 
 10.3   a hazardous materials driver's endorsement on a valid Minnesota 
 10.4   driver's license. 
 10.5      (c) "Disqualifying offense" includes: 
 10.6      (1) any felony offense; 
 10.7      (2) an act that, if done in Minnesota, would be terrorism; 
 10.8   misuse of explosives or incendiary devices; criminal sexual 
 10.9   conduct; assault; theft; larceny; burglary; robbery; unlawful 
 10.10  entry; extortion; defamation; buying or receiving stolen 
 10.11  property; using, possessing, manufacturing, or carrying weapons 
 10.12  unlawfully; using, possessing, or carrying burglary tools 
 10.13  unlawfully; escape; possession, production, sale, or 
 10.14  distribution of narcotics unlawfully; 
 10.15     (3) an act in any other country that, if done in Minnesota, 
 10.16  would be a felony or would be any of the other offenses provided 
 10.17  in this paragraph and for which a full pardon or similar relief 
 10.18  has not been granted. 
 10.19     Subd. 2.  [CANCELLATION FOR DISQUALIFYING AND OTHER 
 10.20  OFFENSES.] Within ten days of receiving notice under section 
 10.21  631.40, subdivision 1c, or otherwise receiving notice for a 
 10.22  nonresident driver, that a hazardous materials driver has been 
 10.23  convicted of a disqualifying offense, the commissioner shall 
 10.24  permanently cancel the hazardous materials driver's endorsement 
 10.25  on the offender's driver's license and in the case of a 
 10.26  nonresident, the driver's privilege to transport hazardous 
 10.27  materials in Minnesota.  If a hazardous materials driver's 
 10.28  endorsement or privilege to transport hazardous materials in 
 10.29  Minnesota has been permanently canceled, the commissioner shall 
 10.30  not grant reinstatement.  Within ten days of receiving notice 
 10.31  under section 631.40, subdivision 1c, or otherwise receiving 
 10.32  notice for a nonresident driver, that a hazardous materials 
 10.33  driver has been convicted of a violation of section 169A.20, or 
 10.34  a similar statute or ordinance from another state, and within 
 10.35  ten days of revoking a hazardous materials driver's license 
 10.36  under section 169A.52, the commissioner shall cancel the 
 11.1   hazardous materials driver's endorsement on the offender's 
 11.2   driver's license or the nonresident's privilege to transport 
 11.3   hazardous materials in Minnesota for five years.  After five 
 11.4   years the hazardous materials driver may apply to the 
 11.5   commissioner for reinstatement.  Even after five years, 
 11.6   cancellation of a hazardous materials driver's endorsement or a 
 11.7   nonresident's privilege to transport hazardous materials in 
 11.8   Minnesota for a violation under section 169A.20, sections 
 11.9   169A.50 to 169A.53, or a similar statute or ordinance from 
 11.10  another state, shall remain in effect until the driver provides 
 11.11  proof of successful completion of an alcohol or controlled 
 11.12  substance treatment program.  For a first offense, proof of 
 11.13  completion is required only if treatment was ordered as part of 
 11.14  a chemical use assessment.  Within ten days of receiving notice 
 11.15  under section 631.40, subdivision 1c, or otherwise receiving 
 11.16  notice for a nonresident driver, that a hazardous materials 
 11.17  driver has been convicted of a fourth moving violation in the 
 11.18  last three years, the commissioner shall cancel the hazardous 
 11.19  materials driver's endorsement on the offender's driver's 
 11.20  license or the nonresident's privilege to transport hazardous 
 11.21  materials in Minnesota until one year has elapsed since the last 
 11.22  conviction.  A hazardous materials driver who has no new 
 11.23  convictions after one year may apply for reinstatement.  Upon 
 11.24  canceling the offender's hazardous materials endorsement, the 
 11.25  commissioner shall immediately notify the licensed offender of 
 11.26  the cancellation, in writing, by depositing in a United States 
 11.27  post office a notice addressed to the licensed offender at the 
 11.28  licensed offender's last known address, with postage prepaid. 
 11.29     Subd. 3.  [BACKGROUND CHECK.] (a) Before issuing or 
 11.30  renewing a driver's license with a hazardous materials driver's 
 11.31  endorsement, the commissioner shall conduct an investigation to 
 11.32  determine (1) if the applicant has been convicted of committing 
 11.33  a disqualifying offense, four moving violations in the previous 
 11.34  three years, a violation of section 169A.20 or a similar statute 
 11.35  or ordinance from another state, a gross misdemeanor, or (2) if 
 11.36  the applicant's driver's license has been revoked under section 
 12.1   169A.52.  The commissioner shall not issue a new hazardous 
 12.2   materials driver's endorsement and shall not renew an existing 
 12.3   hazardous materials driver's endorsement if the applicant has 
 12.4   been convicted of committing a disqualifying offense.  
 12.5      (b) The commissioner shall not issue a new hazardous 
 12.6   materials driver's endorsement and shall not renew an existing 
 12.7   hazardous materials endorsement (1) if, within the previous five 
 12.8   years, the applicant has been convicted of committing a 
 12.9   violation of section 169A.20, or a similar statute or ordinance 
 12.10  from another state, or a gross misdemeanor, (2) if the 
 12.11  applicant's driver's license has been revoked under section 
 12.12  169A.52, or (3) if, within the previous three years, the 
 12.13  applicant has been convicted of four moving violations.  
 12.14     (c) An applicant who has been convicted of violating 
 12.15  section 169A.20, or a similar statute or ordinance from another 
 12.16  state, or who has had a license revocation under section 169A.52 
 12.17  within the previous ten years must show proof of successful 
 12.18  completion of an alcohol or controlled substance treatment 
 12.19  program in order to receive a hazardous materials endorsement.  
 12.20  For a first offense, proof of completion is required only if 
 12.21  treatment was ordered as part of a chemical use assessment.  
 12.22     (d) An employer or contractor that employs a nonresident 
 12.23  hazardous materials driver must conduct a background check of 
 12.24  the employee's driving record and criminal history in both 
 12.25  Minnesota and the driver's state of residence.  Convictions for 
 12.26  disqualifying offenses, gross misdemeanors, a fourth moving 
 12.27  violation within the previous three years, or violations of 
 12.28  section 169A.20, or a similar statute or ordinance in another 
 12.29  state, must be reported to the department of public safety. 
 12.30     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 12.31     Sec. 9.  Minnesota Statutes 2001 Supplement, section 
 12.32  403.11, subdivision 1, is amended to read: 
 12.33     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
 12.34  customer of a telephone company or communications carrier that 
 12.35  provides service capable of originating a 911 emergency 
 12.36  telephone call is assessed a fee to cover the costs of ongoing 
 13.1   maintenance and related improvements for trunking and central 
 13.2   office switching equipment for minimum 911 emergency telephone 
 13.3   service, plus administrative and staffing costs of the 
 13.4   department of administration related to managing the 911 
 13.5   emergency telephone service program.  Recurring charges by a 
 13.6   public utility providing telephone service for updating the 
 13.7   information required by section 403.07, subdivision 3, must be 
 13.8   paid by the commissioner of administration if the utility is 
 13.9   included in an approved 911 plan and the charges have been 
 13.10  certified and approved under subdivision 3.  The commissioner of 
 13.11  administration shall transfer an amount equal to two cents a 
 13.12  month from the fee assessed under this section on cellular and 
 13.13  other nonwire access services to the commissioner of public 
 13.14  safety for the purpose of offsetting the costs, including 
 13.15  administrative and staffing costs, incurred by the state patrol 
 13.16  division of the department of public safety in handling 911 
 13.17  emergency calls made from cellular phones.  Money remaining in 
 13.18  the 911 emergency telephone service account after all other 
 13.19  obligations are paid must not cancel and is carried forward to 
 13.20  subsequent years and may be appropriated from time to time to 
 13.21  the commissioner of administration to provide financial 
 13.22  assistance to counties for the improvement of local emergency 
 13.23  telephone services.  The improvements may include providing 
 13.24  access to minimum 911 service for telephone service subscribers 
 13.25  currently without access and upgrading existing 911 service to 
 13.26  include automatic number identification, local location 
 13.27  identification, automatic location identification, and other 
 13.28  improvements specified in revised county 911 plans approved by 
 13.29  the department. 
 13.30     (b) The fee is 27 46 cents a month for each customer access 
 13.31  line or other basic access service, including trunk equivalents 
 13.32  as designated by the public utilities commission for access 
 13.33  charge purposes and including cellular and other nonwire access 
 13.34  services.  The fee must be the same for all customers.  
 13.35     (c) The fee must be collected by each company or carrier 
 13.36  providing service subject to the fee.  Fees are payable to and 
 14.1   must be submitted to the commissioner of administration monthly 
 14.2   before the 25th of each month following the month of collection, 
 14.3   except that fees may be submitted quarterly if less than $250 a 
 14.4   month is due, or annually if less than $25 a month is due.  
 14.5   Receipts must be deposited in the state treasury and credited to 
 14.6   a 911 emergency telephone service account in the special revenue 
 14.7   fund.  The money in the account may only be used for 911 
 14.8   telephone services as provided in paragraph (a).  
 14.9      (d) This subdivision does not apply to customers of a 
 14.10  telecommunications carrier as defined in section 237.01, 
 14.11  subdivision 6.  
 14.12     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 14.13     Sec. 10.  Minnesota Statutes 2000, section 473.898, 
 14.14  subdivision 3, is amended to read: 
 14.15     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
 14.16  bonds issued pursuant to subdivision 1, exclusive of any 
 14.17  original issue discount, shall not exceed the amount of 
 14.18  $10,000,000 plus the amount the council determines necessary to 
 14.19  pay the costs of issuance, fund reserves, debt service, and pay 
 14.20  for any bond insurance or other credit enhancement. 
 14.21     (b) In addition to the amount authorized under paragraph 
 14.22  (a), the council may issue bonds under subdivision 1 in a 
 14.23  principal amount of $3,306,300, plus the amount the council 
 14.24  determines necessary to pay the cost of issuance, fund reserves, 
 14.25  debt service, and any bond insurance or other credit 
 14.26  enhancement.  The proceeds of bonds issued under this paragraph 
 14.27  may not be used to finance portable or subscriber radio sets.  
 14.28     (c) In addition to the amounts authorized under paragraphs 
 14.29  (a) and (b), the council may issue bonds under subdivision 1 in 
 14.30  a principal amount not to exceed $35,000,000 plus the amount the 
 14.31  council determines necessary to pay the cost of issuance, fund 
 14.32  reserves, debt service, and any bond issuance, or other credit 
 14.33  enhancement.  The proceeds of bonds issued under this paragraph 
 14.34  may be used to refund local units of government for amounts 
 14.35  expended for capital enhancements to the regionwide first phase 
 14.36  system previously financed by the respective local units.  
 15.1      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 15.2      Sec. 11.  Minnesota Statutes 2001 Supplement, section 
 15.3   473.901, subdivision 1, is amended to read: 
 15.4      Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
 15.5   year beginning with the fiscal year commencing July 1, 1997, the 
 15.6   amount necessary to pay the following costs is appropriated to 
 15.7   the commissioner of administration from the 911 emergency 
 15.8   telephone service account established under section 403.11: 
 15.9      (1) debt service costs and reserves for bonds issued 
 15.10  pursuant to section 473.898; 
 15.11     (2) repayment of the right-of-way acquisition loans; 
 15.12     (3) costs of design, construction, maintenance of, and 
 15.13  improvements to those elements of the first phase that support 
 15.14  mutual aid communications and emergency medical services; or 
 15.15     (4) recurring charges for leased sites and equipment for 
 15.16  those elements of the first phase that support mutual aid and 
 15.17  emergency medical communication services. 
 15.18     This appropriation shall be used to pay annual debt service 
 15.19  costs and reserves for bonds issued pursuant to section 473.898 
 15.20  prior to use of fee money to pay other costs eligible under this 
 15.21  subdivision.  In no event shall the appropriation for each 
 15.22  fiscal year exceed an amount equal to four 13 cents a month for 
 15.23  each customer access line or other basic access service, 
 15.24  including trunk equivalents as designated by the public 
 15.25  utilities commission for access charge purposes and including 
 15.26  cellular and other nonwire access services, in the fiscal year.  
 15.27     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 15.28     Sec. 12.  Minnesota Statutes 2000, section 609.035, 
 15.29  subdivision 1, is amended to read: 
 15.30     Subdivision 1.  Except as provided in subdivisions 2, 3, 4, 
 15.31  and 5, and in sections 609.251, 609.585, 609.21, subdivisions 3 
 15.32  and 4, 609.2691, 609.486, 609.494, 609.714, and 609.856, if a 
 15.33  person's conduct constitutes more than one offense under the 
 15.34  laws of this state, the person may be punished for only one of 
 15.35  the offenses and a conviction or acquittal of any one of them is 
 15.36  a bar to prosecution for any other of them.  All the offenses, 
 16.1   if prosecuted, shall be included in one prosecution which shall 
 16.2   be stated in separate counts. 
 16.3      [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 16.4   and applies to crimes committed on or after that date. 
 16.5      Sec. 13.  Minnesota Statutes 2000, section 609.505, is 
 16.6   amended to read: 
 16.7      609.505 [FALSELY REPORTING CRIME.] 
 16.8      Whoever informs a law enforcement officer that a crime has 
 16.9   been committed, knowing that it is false and intending that the 
 16.10  officer shall act in reliance upon it, is guilty of a gross 
 16.11  misdemeanor.  A person who is convicted a second or subsequent 
 16.12  time under this section is guilty of a gross misdemeanor may be 
 16.13  sentenced to imprisonment for not more than three years or to 
 16.14  payment of a fine of not more than $10,000, or both. 
 16.15     [EFFECTIVE DATE.] This section is effective August 1, 2002. 
 16.16     Sec. 14.  Minnesota Statutes 2000, section 609.506, 
 16.17  subdivision 1, is amended to read: 
 16.18     Subdivision 1.  [GROSS MISDEMEANOR.] Whoever with intent to 
 16.19  obstruct justice gives a fictitious name other than a nickname, 
 16.20  or gives a false date of birth, or false or fraudulently altered 
 16.21  identification card to a peace officer, as defined in section 
 16.22  626.84, subdivision 1, paragraph (c), when that officer makes 
 16.23  inquiries incident to a lawful investigatory stop or lawful 
 16.24  arrest, or inquiries incident to executing any other duty 
 16.25  imposed by law, is guilty of a gross misdemeanor. 
 16.26     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 16.27  and applies to crimes committed on or after that date. 
 16.28     Sec. 15.  Minnesota Statutes 2000, section 609.506, 
 16.29  subdivision 3, is amended to read: 
 16.30     Subd. 3.  [GROSS MISDEMEANOR.] Whoever in any criminal 
 16.31  proceeding with intent to obstruct justice gives a fictitious 
 16.32  name, other than a nickname, or gives a false date of birth to a 
 16.33  court official is guilty of a gross misdemeanor.  Whoever in any 
 16.34  criminal proceeding with intent to obstruct justice gives the 
 16.35  name and date of birth of another person to a court official is 
 16.36  guilty of a gross misdemeanor.  "Court official" includes a 
 17.1   judge, referee, court administrator, or any employee of the 
 17.2   court. 
 17.3      [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 17.4   and applies to crimes committed on or after that date. 
 17.5      Sec. 16.  Minnesota Statutes 2000, section 609.605, is 
 17.6   amended by adding a subdivision to read: 
 17.7      Subd. 5.  [TRESPASS AT PUBLIC WORKS FACILITIES; POWER 
 17.8   PLANTS; AND TELECOMMUNICATIONS FACILITIES.] Whoever knowingly 
 17.9   enters upon the grounds of public works facilities, power 
 17.10  plants, or telecommunications facilities, without authorization, 
 17.11  claim of right, or consent of one who has right to give consent, 
 17.12  is guilty of a gross misdemeanor. 
 17.13     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 17.14  and applies to crimes committed on or after that date. 
 17.15     Sec. 17.  Minnesota Statutes 2000, section 609.668, 
 17.16  subdivision 6, is amended to read: 
 17.17     Subd. 6.  [ACTS PROHIBITED; PENALTIES.] (a) Except as 
 17.18  otherwise provided in this section, whoever possesses, 
 17.19  manufactures, transports, or stores an explosive device or 
 17.20  incendiary device in violation of this section may be sentenced 
 17.21  to imprisonment for not more than ten years or to payment of a 
 17.22  fine of not more than $20,000, or both. 
 17.23     (b) Whoever legally possesses, manufactures, transports, or 
 17.24  stores an explosive device or incendiary device, with intent to 
 17.25  use the device to damage property or cause injury, may be 
 17.26  sentenced to imprisonment for not more than ten years or to 
 17.27  payment of a fine of not more than $20,000, or both. 
 17.28     (c) Whoever, acting with gross disregard for human life or 
 17.29  property, negligently causes an explosive device or incendiary 
 17.30  device to be discharged, may be sentenced to imprisonment for 
 17.31  not more than 20 years or to payment of a fine of not more than 
 17.32  $100,000, or both.  
 17.33     (d) Whoever maliciously places any explosive or incendiary 
 17.34  device in, upon, under, against, or near any building, motor 
 17.35  vehicle, vessel, railroad track, airplane, public utility 
 17.36  transmission system, or structure, with intent to destroy or 
 18.1   injure it without consent or legal authority, or if it in fact 
 18.2   explodes, is guilty of malicious placement of an explosive and 
 18.3   may be sentenced to imprisonment for not more than 20 years or 
 18.4   to payment of a fine of not more than $100,000, or both.  
 18.5      (e) Whoever maliciously places a simulated explosive or 
 18.6   incendiary device in, upon, under, against, or near any 
 18.7   building, car, vessel, railroad track, airplane, public utility 
 18.8   transmission system, or structure, with intent to cause another 
 18.9   person to fear destruction of property or injury, is guilty of 
 18.10  malicious placement of a simulated explosive and may be 
 18.11  sentenced to imprisonment for not more than ten years or to 
 18.12  payment of a fine of not more than $20,000, or both. 
 18.13     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 18.14  and applies to crimes committed on or after that date. 
 18.15     Sec. 18.  [609.712] [WEAPON OF MASS DESTRUCTION; HOAXES.] 
 18.16     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 18.17  the terms in this subdivision have the meanings given to them. 
 18.18     (b) "Weapon of mass destruction" means: 
 18.19     (1) any device or object that is designed or intended to 
 18.20  cause death or serious bodily injury through the release, 
 18.21  dissemination, or impact of toxic or poisonous chemicals, or 
 18.22  their precursors; 
 18.23     (2) any device or object involving a disease organism; or 
 18.24     (3) any device or object that is designed to release 
 18.25  radiation or radioactivity at a level dangerous to human life. 
 18.26     (c) "Hoax weapon of mass destruction" means any device, 
 18.27  substance, or object that by its design, construction, content, 
 18.28  or characteristics, appears to be or to contain, or is 
 18.29  represented to be, constitute, or contain, a weapon of mass 
 18.30  destruction as defined in this section, but which is, in fact, 
 18.31  an inoperative facsimile, imitation, counterfeit, or 
 18.32  representation of a weapon of mass destruction which does not 
 18.33  meet the definition of a weapon of mass destruction or which 
 18.34  does not actually contain or constitute a weapon, biological 
 18.35  agent, toxin, vector, or delivery system prohibited by this 
 18.36  section. 
 19.1      (d) "Biological agent" means any microorganism, virus, 
 19.2   infectious substance, or biological product that may be 
 19.3   engineered through biotechnology, or any naturally occurring or 
 19.4   bioengineered component of any such microorganism, virus, 
 19.5   infectious substance, or biological product, capable of causing: 
 19.6      (1) death, disease, or other biological malfunction in a 
 19.7   human, an animal, a plant, or other living organism; 
 19.8      (2) deterioration of food, water, equipment, supplies, or 
 19.9   material of any kind; or 
 19.10     (3) deleterious alteration of the environment. 
 19.11     (e) "Toxin" means the toxic material of plants, animals, 
 19.12  microorganisms, viruses, fungi, or infectious substances, or a 
 19.13  recombinant molecule, whatever its origin or method of 
 19.14  reproduction, including: 
 19.15     (1) any poisonous substance or biological product that may 
 19.16  be engineered through biotechnology produced by a living 
 19.17  organism; or 
 19.18     (2) any poisonous isomer or biological product, homolog, or 
 19.19  derivative of such substance. 
 19.20     (f) "Delivery system" means: 
 19.21     (1) any apparatus, equipment, device, or means of delivery 
 19.22  specifically designed to deliver or disseminate a biological 
 19.23  agent, toxin, or vector; or 
 19.24     (2) any vector. 
 19.25     (g) "Vector" means a living organism or molecule, including 
 19.26  a recombinant molecule or biological product that may be 
 19.27  engineered through biotechnology, capable of carrying a 
 19.28  biological agent or toxin to a host. 
 19.29     Subd. 2.  [MANUFACTURE, POSSESSION, OR USE OF A WEAPON OF 
 19.30  MASS DESTRUCTION.] A person who, without lawful authority, 
 19.31  manufactures, possesses, sells, delivers, displays, uses, 
 19.32  threatens to use, attempts to use, or conspires to use, or who 
 19.33  makes readily accessible to others a weapon of mass destruction, 
 19.34  including any biological agent, toxin, vector, or delivery 
 19.35  system, is guilty of a felony and may be sentenced to 
 19.36  imprisonment for life. 
 20.1      Subd. 3.  [HOAX WEAPON OF MASS DESTRUCTION.] Any person who 
 20.2   manufactures, possesses, sells, delivers, displays, uses, 
 20.3   threatens to use, attempts to use, or conspires to use, or who 
 20.4   makes readily accessible to others, a hoax weapon of mass 
 20.5   destruction with the intent to deceive or otherwise mislead 
 20.6   another person into believing that the hoax weapon of mass 
 20.7   destruction will cause terror, bodily harm, or property damage 
 20.8   is guilty of a felony and may be sentenced to imprisonment for 
 20.9   not more than 20 years or to payment of a fine of not more than 
 20.10  $40,000, or both. 
 20.11     Subd. 4.  [LIMITED EXCEPTIONS.] Subdivisions 2 and 3 do not 
 20.12  apply to any member or employee of the armed forces of the 
 20.13  United States, a federal or state governmental agency, or a 
 20.14  private entity who is otherwise engaged in lawful activity 
 20.15  within the scope of employment, if the person is otherwise duly 
 20.16  authorized or licensed to manufacture, possess, sell, deliver, 
 20.17  display, or otherwise engage in activity relative to this 
 20.18  section and if the person is in compliance with applicable 
 20.19  federal and state law. 
 20.20     Subd. 5.  [CIVIL ACTION TO RECOVER.] A person who violates 
 20.21  subdivision 2 or 3 shall be liable in a civil action brought by: 
 20.22     (1) an individual for damages resulting from the violation; 
 20.23  or 
 20.24     (2) a municipality, the state, or a rescue organization to 
 20.25  recover expenses incurred to provide investigative, rescue, 
 20.26  medical, or other services for circumstances or injuries which 
 20.27  resulted from the violation.  
 20.28     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 20.29  and applies to crimes committed on or after that date. 
 20.30     Sec. 19.  Minnesota Statutes 2000, section 609.713, 
 20.31  subdivision 1, is amended to read: 
 20.32     Subdivision 1.  Whoever threatens, directly or indirectly, 
 20.33  to commit any crime of violence with purpose to terrorize 
 20.34  another or to cause evacuation of a building, place of assembly, 
 20.35  vehicle or facility of public transportation or otherwise to 
 20.36  cause serious public inconvenience, or in a reckless disregard 
 21.1   of the risk of causing such terror or inconvenience may be 
 21.2   sentenced to imprisonment for not more than five ten years or to 
 21.3   payment of a fine of not more than $10,000 $50,000, or both.  As 
 21.4   used in this subdivision, "crime of violence" has the meaning 
 21.5   given "violent crime" in section 609.1095, subdivision 1, 
 21.6   paragraph (d). 
 21.7      [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 21.8   and applies to crimes committed on or after that date. 
 21.9      Sec. 20.  Minnesota Statutes 2000, section 609.713, 
 21.10  subdivision 2, is amended to read: 
 21.11     Subd. 2.  Whoever communicates to another with purpose to 
 21.12  terrorize another or in reckless disregard of the risk of 
 21.13  causing such terror, that explosives or an explosive device or 
 21.14  any incendiary device is present at a named place or location, 
 21.15  whether or not the same is in fact present, may be sentenced to 
 21.16  imprisonment for not more than three five years or to payment of 
 21.17  a fine of not more than $3,000 $10,000, or both.  
 21.18     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 21.19  and applies to crimes committed on or after that date. 
 21.20     Sec. 21.  [609.714] [ACT OF TERRORISM.] 
 21.21     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 21.22  section, the following terms have the meanings given them in 
 21.23  this subdivision. 
 21.24     (a) "Crime of violence" means a "violent crime" as that 
 21.25  term is defined in section 609.1095, subdivision 1, paragraph 
 21.26  (d). 
 21.27     (b) "Destructive act" means an action that causes 
 21.28  destruction to transportation-related infrastructure or 
 21.29  facilities, public or private buildings, places of public 
 21.30  accommodation, resort or amusement or public works, or public 
 21.31  forest land. 
 21.32     Subd. 2.  [ACT OF TERRORISM.] Whoever intentionally 
 21.33  commits, attempts to commit or conspires to commit, either 
 21.34  directly or indirectly, any crime of violence or destructive act 
 21.35  which is intended to injure another or would be reasonably 
 21.36  foreseeable to injure another with the purpose to terrorize a 
 22.1   considerable number of members of the public, is guilty of a 
 22.2   crime. 
 22.3      Subd. 3.  [PENALTY.] A person who commits or attempts to 
 22.4   commit a gross misdemeanor or felony while participating in an 
 22.5   act of terrorism is guilty of a felony and, upon conviction, 
 22.6   shall be sentenced to imprisonment for not less than five years, 
 22.7   and up to life imprisonment, for each underlying crime and to 
 22.8   payment of a fine of not more than $100,000.  Notwithstanding 
 22.9   section 609.04, a prosecution for or conviction under this 
 22.10  section is not a bar to conviction of or punishment for any 
 22.11  other crime committed by the defendant as part of the same 
 22.12  conduct.  The sentence imposed for violation of this section 
 22.13  must run consecutively to the sentences imposed for any related 
 22.14  crimes.  
 22.15     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 22.16  and applies to crimes committed on or after that date. 
 22.17     Sec. 22.  Minnesota Statutes 2000, section 624.712, 
 22.18  subdivision 5, is amended to read: 
 22.19     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 22.20  murder in the first, second, and third degrees, manslaughter in 
 22.21  the first and second degrees, aiding suicide, aiding attempted 
 22.22  suicide, felony violations of assault in the first, second, 
 22.23  third, and fourth degrees, assaults motivated by bias under 
 22.24  section 609.2231, subdivision 4, acts of terrorism, drive-by 
 22.25  shootings, terroristic threats, use of drugs to injure or to 
 22.26  facilitate crime, crimes committed for the benefit of a gang, 
 22.27  commission of a crime while wearing or possessing a 
 22.28  bullet-resistant vest, simple robbery, aggravated robbery, 
 22.29  kidnapping, false imprisonment, criminal sexual conduct in the 
 22.30  first, second, third, and fourth degrees, theft of a firearm, 
 22.31  felony theft involving the intentional taking or driving of a 
 22.32  motor vehicle without the consent of the owner or the authorized 
 22.33  agent of the owner, felony theft involving the taking of 
 22.34  property from a burning, abandoned, or vacant building, or from 
 22.35  an area of destruction caused by civil disaster, riot, bombing, 
 22.36  or the proximity of battle, felony theft involving the theft of 
 23.1   a controlled substance, an explosive, or an incendiary device, 
 23.2   arson in the first and second degrees, riot, burglary in the 
 23.3   first, second, third, and fourth degrees, harassment and 
 23.4   stalking, shooting at a public transit vehicle or facility, 
 23.5   reckless use of a gun or dangerous weapon, intentionally 
 23.6   pointing a gun at or towards a human being, setting a spring 
 23.7   gun, and unlawfully owning, possessing, operating a machine gun 
 23.8   or short-barreled shotgun, and an attempt to commit any of these 
 23.9   offenses, as each of those offenses is defined in chapter 609.  
 23.10  "Crime of violence" also includes felony violations of the 
 23.11  following:  malicious punishment of a child; neglect or 
 23.12  endangerment of a child; and chapter 152.  
 23.13     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 23.14  and applies to crimes committed on or after that date. 
 23.15     Sec. 23.  Minnesota Statutes 2000, section 626A.01, 
 23.16  subdivision 3, is amended to read: 
 23.17     Subd. 3.  [WIRE COMMUNICATIONS.] "Wire communication" means 
 23.18  any aural transfer made in whole or in part through the use of 
 23.19  facilities for the transmission of communications by the aid of 
 23.20  wire, cable, or other like connection between the point of 
 23.21  origin and the point of reception, including the use of such 
 23.22  connection in a switching station.  "Wire communication" 
 23.23  includes any electronic storage of the communication.  
 23.24     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 23.25     Sec. 24.  Minnesota Statutes 2000, section 626A.01, 
 23.26  subdivision 16, is amended to read: 
 23.27     Subd. 16.  [ELECTRONIC COMMUNICATIONS SYSTEM.] "Electronic 
 23.28  communications system" means a wire, radio, electromagnetic, 
 23.29  photooptical, or photoelectronic facility for the transmission 
 23.30  of wire or electronic communications, and a computer facility or 
 23.31  related electronic equipment for the electronic storage of 
 23.32  communications. 
 23.33     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 23.34     Sec. 25.  Minnesota Statutes 2000, section 626A.05, 
 23.35  subdivision 2, is amended to read: 
 23.36     Subd. 2.  [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL 
 24.1   COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing 
 24.2   interception of wire, electronic, or oral communications by 
 24.3   investigative or law enforcement officers may only be issued 
 24.4   when the interception may provide evidence of the commission of, 
 24.5   or of an attempt or conspiracy to commit, any of the following 
 24.6   offenses:  
 24.7      (1) a felony offense involving murder, weapons of mass 
 24.8   destruction, manslaughter, assault in the first, second, and 
 24.9   third degrees, aggravated robbery, kidnapping, criminal sexual 
 24.10  conduct in the first, second, and third degrees, prostitution, 
 24.11  bribery, perjury, malicious placement of an explosive or 
 24.12  incendiary device, escape from custody, theft, receiving stolen 
 24.13  property, computer crime, embezzlement, burglary in the first, 
 24.14  second, and third degrees, forgery, aggravated forgery, check 
 24.15  forgery, or financial transaction card fraud, as punishable 
 24.16  under sections 609.185, 609.19, 609.195, 609.20, 609.221, 
 24.17  609.222, 609.223, 609.2231, 609.245, 609.25, 609.321 to 609.324, 
 24.18  609.342, 609.343, 609.344, 609.42, 609.48, 609.485, subdivision 
 24.19  4, paragraph (a), clause (1), 609.52, 609.53, 609.54, 609.582, 
 24.20  609.625, 609.63, 609.631, 609.668, 609.712, 609.821, and 
 24.21  609.825, 609.88, 609.89, 609.891; 
 24.22     (2) an offense relating to gambling or controlled 
 24.23  substances, as punishable under section 609.76 or chapter 152; 
 24.24  or 
 24.25     (3) an offense relating to restraint of trade defined in 
 24.26  section 325D.53, subdivision 1 or 2, as punishable under section 
 24.27  325D.56, subdivision 2. 
 24.28     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 24.29     Sec. 26.  Minnesota Statutes 2000, section 626A.06, 
 24.30  subdivision 11, is amended to read: 
 24.31     Subd. 11.  [REQUIREMENTS INAPPLICABLE.] If permitted by 
 24.32  United States Code, title 18, section 2518, the requirements of 
 24.33  subdivision 1, clause (b)(ii), and subdivision 3, clause (d), 
 24.34  relating to the specification of the facilities from which, or 
 24.35  the place where, the communication is to be interpreted 
 24.36  intercepted do not apply if: 
 25.1      (1) in the case of an application with respect to the 
 25.2   interception of an oral communication: 
 25.3      (i)  the application contains a full and complete statement 
 25.4   as to why the specification is not practical and identifies the 
 25.5   person committing the offense and whose communications are to be 
 25.6   intercepted; and 
 25.7      (ii) the judge finds that the specification is not 
 25.8   practical. 
 25.9      (2) in the case of an application with respect to a wire or 
 25.10  electronic communication: 
 25.11     (i) the application identifies the person believed to be 
 25.12  committing the offense and whose communications are to be 
 25.13  intercepted and the applicant makes a showing of a purpose, on 
 25.14  the part of that person, to thwart interception by changing 
 25.15  facilities that there is probable cause to believe that the 
 25.16  person's actions could have the effect of thwarting interception 
 25.17  from a specified facility; and 
 25.18     (ii) the judge finds that the purpose has been adequately 
 25.19  shown; and 
 25.20     (iii) the order authorizing or approving the interception 
 25.21  is limited to interception only for such time as it is 
 25.22  reasonable to presume that the person identified in the 
 25.23  application is or was reasonably proximate to the instrument 
 25.24  through which such communication will be or was transmitted. 
 25.25     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 25.26     Sec. 27.  Minnesota Statutes 2000, section 626A.06, 
 25.27  subdivision 12, is amended to read: 
 25.28     Subd. 12.  [MOTION TO QUASH ORDER.] An interception of a 
 25.29  communication under an order with respect to which the 
 25.30  requirements of subdivision 1, clause (b)(ii), and subdivision 
 25.31  3, clause (d), do not apply by reason of subdivision 11 must not 
 25.32  begin until the facilities from which, or the place where, the 
 25.33  communication is to be intercepted is ascertained by the person 
 25.34  implementing the interception order.  A provider of wire or 
 25.35  electronic communications service that has received an order as 
 25.36  provided for in subdivision 11, clause (2), may move the court 
 26.1   to modify or quash the order on the ground that its assistance 
 26.2   with respect to the interception cannot be performed in a timely 
 26.3   or reasonable fashion.  The court, upon notice to the attorney 
 26.4   applying for the warrant, shall decide a motion expeditiously. 
 26.5      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 26.6      Sec. 28.  Minnesota Statutes 2000, section 626A.27, is 
 26.7   amended to read: 
 26.8      626A.27 [DISCLOSURE OF CONTENTS VOLUNTARY DISCLOSURE OF 
 26.9   CUSTOMER COMMUNICATIONS OR RECORDS.] 
 26.10     Subdivision 1.  [PROHIBITIONS.] Except as provided in 
 26.11  subdivision 2: 
 26.12     (1) a person or entity providing an electronic 
 26.13  communication service to the public must not knowingly divulge 
 26.14  to a person or entity the contents of a communication while in 
 26.15  electronic storage by that service; and 
 26.16     (2) a person or entity providing remote computing service 
 26.17  to the public must not knowingly divulge to a person or entity 
 26.18  the contents of any communication that is carried or maintained 
 26.19  on that service: 
 26.20     (i) on behalf of, and received by means of electronic 
 26.21  transmission from, or created by means of computer processing of 
 26.22  communications received by means of electronic transmission, 
 26.23  from a subscriber or customer of the service; and 
 26.24     (ii) solely for the purpose of providing storage or 
 26.25  computer processing services to the subscriber or customer, if 
 26.26  the provider is not authorized to access the contents of any 
 26.27  communications for purposes of providing any services other than 
 26.28  storage or computer processing; and 
 26.29     (3) a provider of remote computing service or electronic 
 26.30  communication service to the public shall not knowingly divulge 
 26.31  a record or other information pertaining to a subscriber to or 
 26.32  customer of such service, not including the contents of 
 26.33  communications covered by clause (1) or (2), to any government 
 26.34  entity. 
 26.35     Subd. 2.  [EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS.] 
 26.36  A person or entity provider described in subdivision 1 may 
 27.1   divulge the contents of a communication: 
 27.2      (1) to an addressee or intended recipient of the 
 27.3   communication or an agent of the addressee or intended 
 27.4   recipient; 
 27.5      (2) as otherwise authorized in section 626A.02, subdivision 
 27.6   2, paragraph (a); 626A.05; or section 626A.28; 
 27.7      (3) with the lawful consent of the originator or an 
 27.8   addressee or intended recipient of the communication, or the 
 27.9   subscriber in the case of remote computing service; 
 27.10     (4) to a person employed or authorized or whose facilities 
 27.11  are used to forward a communication to its destination; 
 27.12     (5) as may be necessarily incident to the rendition of the 
 27.13  service or to the protection of the rights or property of the 
 27.14  provider of that service; or 
 27.15     (6) to a law enforcement agency,: 
 27.16     (A) if the contents: 
 27.17     (i) were inadvertently obtained by the service provider; 
 27.18  and 
 27.19     (ii) appear to pertain to the commission of a crime; or 
 27.20     (B) if the provider reasonably believes that an emergency 
 27.21  involving immediate danger of death or serious physical injury 
 27.22  to any person requires disclosure of the information without 
 27.23  delay. 
 27.24     Subd. 3.  [EXCEPTIONS FOR DISCLOSURE OF CUSTOMER 
 27.25  RECORDS.] A provider described in subdivision 1 may divulge a 
 27.26  record or other information pertaining to a subscriber to or 
 27.27  customer of such service, not including the contents of the 
 27.28  communications covered by subdivision 1, paragraph (1) or (2): 
 27.29     (1) as otherwise authorized in section 626A.28; 
 27.30     (2) with the lawful consent of the customer or subscriber; 
 27.31     (3) as may be necessarily incident to the rendition of the 
 27.32  service or the protection of the rights or property of the 
 27.33  provider of that service; 
 27.34     (4) to a governmental entity, if the provider reasonably 
 27.35  believes that an emergency involving immediate danger or death 
 27.36  or serious physical injury to any person justifies disclosure of 
 28.1   the information; or 
 28.2      (5) to any person other than a governmental entity. 
 28.3      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 28.4      Sec. 29.  Minnesota Statutes 2000, section 626A.28, is 
 28.5   amended to read: 
 28.6      626A.28 [REQUIREMENTS FOR GOVERNMENTAL ACCESS REQUIRED 
 28.7   DISCLOSURE OF CUSTOMER COMMUNICATIONS OR RECORDS.] 
 28.8      Subdivision 1.  [CONTENTS OF WIRE OR ELECTRONIC 
 28.9   COMMUNICATIONS IN ELECTRONIC STORAGE.] A governmental entity may 
 28.10  require the disclosure by a provider of electronic communication 
 28.11  service of the contents of an a wire or electronic communication 
 28.12  that is in electronic storage in an electronic communications 
 28.13  system for 180 days or less only under a warrant.  A government 
 28.14  entity may require the disclosure by a provider of electronic 
 28.15  communications services of the contents of an a wire or 
 28.16  electronic communication that has been in electronic storage in 
 28.17  an electronic communications system for more than 180 days by 
 28.18  the means available under subdivision 2. 
 28.19     Subd. 2.  [CONTENTS OF WIRE OR ELECTRONIC COMMUNICATIONS IN 
 28.20  A REMOTE COMPUTING SERVICE.] (a) A governmental entity may 
 28.21  require a provider of remote computing service to disclose the 
 28.22  contents of wire or electronic communication to which this 
 28.23  paragraph is made applicable by paragraph (b): 
 28.24     (1) without required notice to the subscriber or customer, 
 28.25  if the governmental entity obtains a warrant; or 
 28.26     (2) with prior notice if the governmental entity: 
 28.27     (i) uses an administrative subpoena authorized by statute 
 28.28  or a grand jury subpoena; or 
 28.29     (ii) obtains a court order for such disclosure under 
 28.30  subdivision 4; 
 28.31  except that delayed notice may be given under section 626A.30. 
 28.32     (b) Paragraph (a) is applicable with respect to any wire or 
 28.33  electronic communication that is held or maintained on that 
 28.34  service: 
 28.35     (1) on behalf of, and received by means of electronic 
 28.36  transmission from, or created by means of computer processing of 
 29.1   communications received by means of electronic transmission 
 29.2   from, a subscriber or customer of such remote computing service; 
 29.3   and 
 29.4      (2) solely for the purpose of providing storage or computer 
 29.5   processing services to the subscriber or customer, if the 
 29.6   provider is not authorized to access the contents of any 
 29.7   communications for purposes of providing any services other than 
 29.8   storage or computer processing. 
 29.9      Subd. 3.  [RECORDS CONCERNING ELECTRONIC COMMUNICATION 
 29.10  SERVICE OR REMOTE COMPUTING SERVICE.] (a)(1) Except as provided 
 29.11  in clause (2), A governmental entity may require a provider of 
 29.12  electronic communication service or remote computing service may 
 29.13  to disclose a record or other information pertaining to a 
 29.14  subscriber to or customer of the service, not including the 
 29.15  contents of communications covered by subdivision 1 or 2, to any 
 29.16  person other than a governmental entity. 
 29.17     (2) A provider of electronic communication service or 
 29.18  remote computing service may disclose a record or other 
 29.19  information pertaining to a subscriber to or customer of the 
 29.20  service, not including the contents of communications covered by 
 29.21  subdivision 1 or 2, to a governmental entity, only when the 
 29.22  governmental entity: 
 29.23     (i) uses an administrative subpoena authorized by statute, 
 29.24  or a grand jury subpoena; 
 29.25     (ii) obtains a warrant; 
 29.26     (iii) obtains a court order for such disclosure under 
 29.27  subdivision 4; or 
 29.28     (iv) has the consent of the subscriber or customer to the 
 29.29  disclosure; or 
 29.30     (v) seeks information under paragraph (b). 
 29.31     (b) A provider of electronic communication service or 
 29.32  remote computer service shall disclose to a government entity 
 29.33  the: 
 29.34     (i) name; 
 29.35     (ii) address; 
 29.36     (iii) local and long distance telephone connection records, 
 30.1   or records of session times and durations; 
 30.2      (iv) length of service, including start date, and types of 
 30.3   services used; 
 30.4      (v) telephone or instrument number or other subscriber 
 30.5   number or identity, including any temporarily assigned network 
 30.6   address; and 
 30.7      (vi) means and source of payment for such service, 
 30.8   including credit card or bank account number, when the 
 30.9   government entity uses an administrative subpoena authorized by 
 30.10  a federal or state statute or a federal or state grand jury or 
 30.11  trial subpoena or any means available under paragraph (a). 
 30.12     (c) A governmental entity receiving records or information 
 30.13  under this subdivision is not required to provide notice to a 
 30.14  subscriber or customer. 
 30.15     Subd. 4.  [REQUIREMENTS FOR COURT ORDER.] A court order for 
 30.16  disclosure under subdivision 2 or 3 must issue only if the 
 30.17  governmental entity shows that there is reason to believe the 
 30.18  contents of a wire or electronic communication, or the records 
 30.19  or other information sought, are relevant to a legitimate law 
 30.20  enforcement inquiry.  A court issuing an order pursuant to this 
 30.21  section, on a motion made promptly by the service provider, may 
 30.22  quash or modify such order, if the information or records 
 30.23  requested are unusually voluminous in nature or compliance with 
 30.24  such order otherwise would cause an undue burden on such 
 30.25  provider. 
 30.26     Subd. 5.  [NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING 
 30.27  CERTAIN INFORMATION.] No cause of action lies in any court 
 30.28  against any provider of wire or electronic communication 
 30.29  service, its officers, employees, agents, or other specified 
 30.30  persons for providing information, facilities, or assistance in 
 30.31  accordance with the terms of a court order, warrant, subpoena, 
 30.32  or certification under sections 626A.26 to 626A.34. 
 30.33     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 30.34     Sec. 30.  Minnesota Statutes 2000, section 631.40, is 
 30.35  amended by adding a subdivision to read: 
 30.36     Subd. 1c.  [CERTIFIED COPY OF DISQUALIFYING OFFENSE 
 31.1   CONVICTIONS SENT TO PUBLIC SAFETY AND EMPLOYERS OF HAZARDOUS 
 31.2   MATERIALS DRIVERS.] When a person is convicted of committing a 
 31.3   disqualifying offense, as defined in section 171.325, 
 31.4   subdivision 1, a gross misdemeanor, a fourth moving violation 
 31.5   within the previous three years, or a violation of section 
 31.6   169A.20, or a similar statute or ordinance from another state, 
 31.7   the court shall determine whether the offender is a hazardous 
 31.8   materials driver as defined in section 171.325, subdivision 1, 
 31.9   whether the offender possesses a hazardous materials endorsement 
 31.10  on the offender's driver's license and where the offender 
 31.11  works.  If the offender is a hazardous materials driver or 
 31.12  possesses a hazardous materials endorsement, the court 
 31.13  administrator shall send a certified copy of the conviction to 
 31.14  the department of public safety and to the offender's employer 
 31.15  within ten days after the conviction. 
 31.16     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 31.17     Sec. 31.  [STUDY; APPROPRIATION.] 
 31.18     $....... is a onetime appropriation to the commissioner of 
 31.19  public safety to be used to study the feasibility and cost of 
 31.20  requiring tagging of explosives.  The commissioner of public 
 31.21  safety must present a report detailing the study's findings to 
 31.22  the chairs and ranking minority members of the house and senate 
 31.23  committees having jurisdiction over criminal justice funding and 
 31.24  policy by December 15, 2002. 
 31.25     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 31.26     Sec. 32.  [APPROPRIATIONS.] 
 31.27     (a) $....... is appropriated from the general fund to the 
 31.28  commissioner of public safety for grants to:  
 31.29     (1) local law enforcement for extraordinary personnel costs 
 31.30  related to anti-terrorism initiatives; and 
 31.31     (2) the national guard to provide security for the state's 
 31.32  infrastructure.  
 31.33  This is a onetime appropriation. 
 31.34     (b) $....... is appropriated from the general fund to the 
 31.35  commissioner of public safety for the purchase of biohazard 
 31.36  suits, masks, and other equipment for first-response units.  
 32.1   This is a onetime appropriation. 
 32.2      (c) $....... is appropriated from the general fund to the 
 32.3   commissioner of public safety for the purchase of chemical 
 32.4   detection and measurement equipment so that first-response units 
 32.5   may assess atmospheric conditions in buildings.  This is a 
 32.6   onetime appropriation. 
 32.7      (d) $....... is appropriated from the general fund to the 
 32.8   commissioner of public safety for the purchase of equipment for 
 32.9   use in decontaminating human victims of chemical attacks.  This 
 32.10  is a onetime appropriation. 
 32.11     (e) $....... is appropriated from the general fund to the 
 32.12  commissioner of public safety to fund hazardous material (HAZMAT)
 32.13  response teams in Rochester, Duluth, Moorhead, and St. Cloud.  
 32.14  The St. Cloud HAZMAT team shall replace the St. Cloud chemical 
 32.15  assessment team. 
 32.16     (f) $....... is appropriated from the general fund to the 
 32.17  commissioner of public safety for the purchase of a gas-tight 
 32.18  total containment vessel for use in disposing of bombs and other 
 32.19  biohazard or biochemical weapons.  This is a onetime 
 32.20  appropriation. 
 32.21     (g) $....... is appropriated from the general fund to the 
 32.22  commissioner of public safety for: 
 32.23     (1) anti-terrorism and terrorism response training of first 
 32.24  responder police, fire, and emergency medical services; 
 32.25     (2) terrorism response training of police, fire, and 
 32.26  emergency medical services commanders; 
 32.27     (3) training first responder police, fire, and emergency 
 32.28  medical services in identification and preservation of a 
 32.29  terrorism crime scene; 
 32.30     (4) specialized training for state hazardous materials 
 32.31  teams to respond to natural, biological, and chemical incidents; 
 32.32  and 
 32.33     (5) training for fire and emergency management services 
 32.34  personnel in structural collapse response and rescue. 
 32.35     (h) $....... is appropriated to the commissioner of public 
 32.36  safety from the general fund to fund increased security of the 
 33.1   capitol complex.  The commissioner must use the funds to: 
 33.2      (1) pay additional state troopers and temporary security 
 33.3   guards to patrol the capitol complex during the legislative 
 33.4   session; 
 33.5      (2) purchase proximity card reader equipment to control 
 33.6   capitol complex entry points; and 
 33.7      (3) purchase portable magnetometers. 
 33.8      (i) $....... is appropriated for fiscal year 2003 from the 
 33.9   general fund to the commissioner of health to establish and 
 33.10  operate the biological agents registry as provided in section 4. 
 33.11     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 33.12     Sec. 33.  [CAMP RIPLEY; APPROPRIATION.] 
 33.13     $500,000 is appropriated from the state bond proceeds fund 
 33.14  to the commissioner of public safety to predesign the Camp 
 33.15  Ripley Joint Military/Law Enforcement Anti-Terrorism Training 
 33.16  Facility. 
 33.17     [EFFECTIVE DATE.] This section is effective the day 
 33.18  following final enactment.  
 33.19     Sec. 34.  [APPROPRIATION.] 
 33.20     $37,000,000 is appropriated from the bond proceeds fund to 
 33.21  the commissioner of transportation to design, acquire, 
 33.22  construct, furnish, and equip its radio communications system 
 33.23  infrastructure, coordinating it with other state and local units 
 33.24  of government, and extending it to the Rochester and St. Cloud 
 33.25  districts of the state patrol district radio system, subject to 
 33.26  the requirements of Minnesota Statutes, section 16A.695. 
 33.27     [EFFECTIVE DATE.] This section is effective the day 
 33.28  following final enactment. 
 33.29     Sec. 35.  [BOND SALE.] 
 33.30     To provide the money appropriated by section 33 from the 
 33.31  state bond proceeds fund, the commissioner of finance shall sell 
 33.32  and issue bonds of the state in an amount up to $500,000 in the 
 33.33  manner, upon the terms, and with the effect prescribed by 
 33.34  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
 33.35  Minnesota Constitution, article XI, sections 4 to 7. 
 33.36     [EFFECTIVE DATE.] This section is effective the day 
 34.1   following final enactment. 
 34.2      Sec. 36.  [BOND SALE.] 
 34.3      To provide the money appropriated in section 34 from the 
 34.4   state bond proceeds fund, the commissioner of finance shall sell 
 34.5   and issue bonds of the state in an amount up to $37,000,000 in 
 34.6   the manner, upon the terms, and with the effect prescribed by 
 34.7   Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
 34.8   Minnesota Constitution, article XI, sections 4 to 7. 
 34.9      [EFFECTIVE DATE.] This section is effective the day 
 34.10  following final enactment.