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 is2746 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 tofour13 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 sectionis guilty of a gross misdemeanormay 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 thanfiveten 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 thanthreefive 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"23.23includes 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 beinterpreted24.36 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 showingof a purpose, on25.14the part of that person, to thwart interception by changing25.15facilitiesthat 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;and25.18 (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 untilthe facilities from which, orthe 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 CONTENTSVOLUNTARY 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;and26.16 (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 Aperson or entityprovider 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 ACCESSREQUIRED 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 ofana 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 ofana 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 provided29.11in clause (2),A governmental entity may require a provider of 29.12 electronic communication service or remote computing servicemay29.13 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 communicationscovered by subdivision 1 or 2, to any29.16person other than a governmental entity.29.17(2) A provider of electronic communication service or29.18remote computing service may disclose a record or other29.19information pertaining to a subscriber to or customer of the29.20service, not including the contents of communications covered by29.21subdivision 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;or29.28 (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.