HF 2909

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; establishing an integrated 
  1.3             set of agriculture, public safety, emergency 
  1.4             management, pollution control, law enforcement, and 
  1.5             criminal justice terrorist activity prevention, 
  1.6             response, and investigation policies; modifying 
  1.7             provisions relating to criminal justice, public 
  1.8             safety, agriculture, emergency management, 911 
  1.9             emergency communications, and pollution control; 
  1.10            enhancing penalties and creating new crimes designed 
  1.11            to deter and punish terroristic activities; modifying 
  1.12            provisions governing response to hazardous materials; 
  1.13            upon commission of terrorist offenses providing for 
  1.14            attachment of financial assets and seizure and 
  1.15            forfeiture of property associated with those offenses; 
  1.16            providing for release of juvenile court record; 
  1.17            appropriating money for antiterrorism initiatives; 
  1.18            amending Minnesota Statutes 2000, sections 12.03, 
  1.19            subdivision 4; 12.21, subdivisions 1, 2, 3; 12.22, 
  1.20            subdivision 2; 12.31, subdivision 2; 12.32; 12.34, 
  1.21            subdivision 1; 12.36; 31.05, subdivision 1, by adding 
  1.22            a subdivision; 299A.49, subdivisions 2, 4; 299A.50, 
  1.23            subdivision 1; 609.035, by adding a subdivision; 
  1.24            609.185; 609.531, subdivision 1; 609.532, subdivision 
  1.25            3; Minnesota Statutes 2001 Supplement, sections 
  1.26            28A.085, subdivision 4; 35.0661, subdivision 2; 
  1.27            260B.171, subdivision 1; proposing coding for new law 
  1.28            in Minnesota Statutes, chapter 609. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30                             ARTICLE 1
  1.31         ANTITERRORIST INITIATIVES AND RESPONSE PROVISIONS 
  1.32     Section 1.  Minnesota Statutes 2000, section 12.03, 
  1.33  subdivision 4, is amended to read: 
  1.34     Subd. 4.  [EMERGENCY MANAGEMENT.] "Emergency management" 
  1.35  means the preparation for and the carrying out of emergency 
  1.36  functions, other than functions for which military forces are 
  1.37  primarily responsible, to prevent, minimize and repair injury 
  2.1   and damage resulting from disasters, from acute shortages of 
  2.2   energy, or from incidents occurring at nuclear power plants that 
  2.3   pose radiological or other health hazards.  These functions 
  2.4   include, without limitation, firefighting services, police 
  2.5   services, medical and health services, rescue, engineering, 
  2.6   warning services, communications, radiological, chemical and 
  2.7   other special weapons defense, evacuation of persons from 
  2.8   stricken areas, emergency human services, emergency 
  2.9   transportation, existing or properly assigned functions of plant 
  2.10  protection, temporary restoration of public utility services, 
  2.11  implementation of energy supply emergency conservation and 
  2.12  allocation measures, emergency waste and debris management and 
  2.13  disposal, and other functions related to civilian protection, 
  2.14  together with all other activities necessary or incidental to 
  2.15  preparing for and carrying out these functions. 
  2.16     Sec. 2.  Minnesota Statutes 2000, section 12.21, 
  2.17  subdivision 1, is amended to read: 
  2.18     Subdivision 1.  [GENERAL AUTHORITY.] The governor (1) has 
  2.19  general direction and control of emergency management, (2) may 
  2.20  carry out the provisions of this chapter, and (3) during a 
  2.21  national security emergency or peacetime emergency declared as 
  2.22  existing under section 12.31, during the existence of an energy 
  2.23  supply emergency as declared under section 216C.15, or during 
  2.24  the existence of an emergency resulting from an incident at a 
  2.25  nuclear power plant that poses a radiological or other health 
  2.26  hazard, may assume direct operational control over all or any 
  2.27  part of the emergency management functions within this state.  
  2.28     Sec. 3.  Minnesota Statutes 2000, section 12.21, 
  2.29  subdivision 2, is amended to read: 
  2.30     Subd. 2.  [COOPERATION.] In performing duties under this 
  2.31  chapter, the governor may cooperate with the federal government, 
  2.32  with other states, with Canadian provinces, tribal authorities, 
  2.33  and with private agencies, in all matters pertaining to the 
  2.34  emergency management of this state and of the nation. 
  2.35     Sec. 4.  Minnesota Statutes 2000, section 12.21, 
  2.36  subdivision 3, is amended to read: 
  3.1      Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
  3.2   this chapter and to effect its policy and purpose, the governor 
  3.3   may: 
  3.4      (1) make, amend, and rescind the necessary orders and rules 
  3.5   to carry out the provisions of this chapter and section 216C.15 
  3.6   within the limits of the authority conferred by this section, 
  3.7   with due consideration of the plans of the federal government 
  3.8   and without complying with sections 14.001 to 14.69, but no 
  3.9   order or rule has the effect of law except as provided by 
  3.10  section 12.32; 
  3.11     (2) ensure that a comprehensive emergency operations plan 
  3.12  and emergency management program for this state are developed 
  3.13  and maintained, and are integrated into and coordinated with the 
  3.14  emergency plans of the federal government and of other states to 
  3.15  the fullest possible extent; 
  3.16     (3) in accordance with the emergency operations plan and 
  3.17  the emergency management program of this state, procure supplies 
  3.18  and, equipment, and facilities and other real property, 
  3.19  institute training programs and public information programs, and 
  3.20  take all other preparatory steps, including the partial or full 
  3.21  activation of emergency management organizations in advance of 
  3.22  actual disaster to ensure the furnishing of adequately trained 
  3.23  and equipped forces of emergency management personnel in time of 
  3.24  need; 
  3.25     (4) make studies and surveys of the industries, resources, 
  3.26  and facilities in this state as may be necessary to ascertain 
  3.27  the capabilities of the state for emergency management and to 
  3.28  plan for the most efficient emergency use of those industries, 
  3.29  resources, and facilities; 
  3.30     (5) on behalf of this state, enter into mutual aid 
  3.31  arrangements or cooperative agreements with other states, tribal 
  3.32  authorities, and with Canadian provinces, and coordinate mutual 
  3.33  aid plans between political subdivisions of this state; 
  3.34     (6) delegate administrative authority vested in the 
  3.35  governor under this chapter, except the power to make rules, and 
  3.36  provide for the subdelegation of that authority; 
  4.1      (7) cooperate with the president and the heads of the armed 
  4.2   forces, the emergency management agency of the United States and 
  4.3   other appropriate federal officers and agencies, and with the 
  4.4   officers and agencies of other states in matters pertaining to 
  4.5   the emergency management of the state and nation, including the 
  4.6   direction or control of: 
  4.7      (i) emergency preparedness drills and exercises; 
  4.8      (ii) warnings and signals for drills or actual emergencies 
  4.9   and the mechanical devices to be used in connection with them; 
  4.10     (iii) shutting off water mains, gas mains, electric power 
  4.11  connections and the suspension of all other utility services; 
  4.12     (iv) the conduct of persons in the state and the movement 
  4.13  and cessation of movement of pedestrians and vehicular traffic 
  4.14  during, prior, and subsequent to drills or actual emergencies; 
  4.15     (v) public meetings or gatherings; and 
  4.16     (vi) the evacuation, reception, and sheltering of persons; 
  4.17     (8) contribute to a political subdivision, within the 
  4.18  limits of the appropriation for that purpose, not more than 25 
  4.19  percent of the cost of acquiring organizational equipment that 
  4.20  meets standards established by the governor; 
  4.21     (9) formulate and execute, with the approval of the 
  4.22  executive council, plans and rules for the control of traffic in 
  4.23  order to provide for the rapid and safe movement over public 
  4.24  highways and streets of troops, vehicles of a military 
  4.25  nature, and materials for national defense and war or for use in 
  4.26  any war industry, for the conservation of critical materials, or 
  4.27  for emergency management purposes, and; coordinate the 
  4.28  activities of the departments or agencies of the state and its 
  4.29  political subdivisions concerned directly or indirectly with 
  4.30  public highways and streets, in a manner that will best 
  4.31  effectuate those plans; 
  4.32     (10) alter or adjust by executive order, without complying 
  4.33  with sections 14.01 to 14.69, the working hours, work days and 
  4.34  work week of, and annual and sick leave provisions and payroll 
  4.35  laws regarding all state employees in the executive branch as 
  4.36  the governor deems necessary to minimize the impact of the 
  5.1   disaster or emergency, conforming the alterations or adjustments 
  5.2   to existing state laws, rules, and collective bargaining 
  5.3   agreements to the extent practicable; 
  5.4      (11) authorize the commissioner of children, families, and 
  5.5   learning to alter school schedules, curtail school activities, 
  5.6   or order schools closed without affecting state aid to schools, 
  5.7   as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
  5.8   and including charter schools under section 124D.10, and 
  5.9   elementary schools enrolling prekindergarten pupils in district 
  5.10  programs.; and 
  5.11     (12) authorize the commissioner of the pollution control 
  5.12  agency to suspend the operation of its statutes, rules, permits, 
  5.13  and agreements to allow expedited management and disposal of 
  5.14  debris and waste, including if needed, disposal of waste at a 
  5.15  temporary site until safe permanent disposal can be made.  In 
  5.16  implementing this authority, the commissioner shall minimize 
  5.17  impact on human health and the environment, as much as 
  5.18  practicable, given the need for expedited management of the 
  5.19  waste.  The suspension shall be valid for the duration of the 
  5.20  declared emergency, and for up to 90 days following the 
  5.21  governor's closure of the emergency.  If proper management or 
  5.22  disposal of waste materials and debris cannot be completed 
  5.23  within this 90-day period, the commissioner may extend the 
  5.24  suspension for additional 90-day periods as needed to achieve 
  5.25  proper management or disposal.  Notification of each such 
  5.26  extension shall be made to the governor and to the chairs of 
  5.27  each appropriate legislative committee. 
  5.28     Sec. 5.  Minnesota Statutes 2000, section 12.22, 
  5.29  subdivision 2, is amended to read: 
  5.30     Subd. 2.  [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 
  5.31  PERSONS.] Whenever a person offers to the state or to a 
  5.32  political subdivision of the state, services, equipment, 
  5.33  supplies, materials, real property, or funds by the way of gift, 
  5.34  grant, or loan, for purposes of civil emergency management, the 
  5.35  state, acting through the governor, or a political subdivision, 
  5.36  acting through its governing body, may accept the offer and then 
  6.1   may authorize an officer of the state or of the political 
  6.2   subdivision, as the case may be, to receive the services, 
  6.3   equipment, supplies, materials, real property, or funds on 
  6.4   behalf of the state or political subdivision, and subject to the 
  6.5   terms of the offer.  However, no money or other funds may be 
  6.6   accepted or received as a loan nor any indebtedness incurred 
  6.7   except as provided by law.  Real property so accepted must be 
  6.8   treated as, and subject to the same immunities during time of 
  6.9   national security or peacetime emergency as, real property owned 
  6.10  by the state. 
  6.11     Sec. 6.  Minnesota Statutes 2000, section 12.31, 
  6.12  subdivision 2, is amended to read: 
  6.13     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] The 
  6.14  governor may declare a peacetime emergency.  A peacetime 
  6.15  declaration of emergency may be declared only when an act of 
  6.16  nature, a technological failure or malfunction, a terrorist 
  6.17  incident, an industrial accident, a hazardous materials 
  6.18  accident, or a civil disturbance endangers life and, property, 
  6.19  or the environment and local government resources are inadequate 
  6.20  to handle the situation.  It must not be continued for more than 
  6.21  five days unless extended by resolution of the executive council 
  6.22  up to 30 days.  An order, or proclamation declaring, continuing, 
  6.23  or terminating an emergency must be given prompt and general 
  6.24  publicity and filed with the secretary of state.  
  6.25     Sec. 7.  Minnesota Statutes 2000, section 12.32, is amended 
  6.26  to read: 
  6.27     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  6.28     Orders and rules promulgated by the governor under 
  6.29  authority of section 12.21, subdivision 3, clause (1), when 
  6.30  approved by the executive council and filed in the office of the 
  6.31  secretary of state, have, during a national security emergency, 
  6.32  peacetime emergency, or energy supply emergency, the full force 
  6.33  and effect of law.  Rules and ordinances of any agency or 
  6.34  political subdivision of the state inconsistent with the 
  6.35  provisions of this chapter or with any order or rule having the 
  6.36  force and effect of law issued under the authority of this 
  7.1   chapter, is suspended during the period of time and to the 
  7.2   extent that the emergency exists. 
  7.3      Sec. 8.  Minnesota Statutes 2000, section 12.34, 
  7.4   subdivision 1, is amended to read: 
  7.5      Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  7.6   life, property, or the environment during a national security 
  7.7   emergency or a peacetime emergency, the governor, the state 
  7.8   director, or a member of a class of members of a state or local 
  7.9   emergency management organization designated by the governor, 
  7.10  may: 
  7.11     (1) require any person, except members of the federal or 
  7.12  state military forces and officers of the state or a political 
  7.13  subdivision, to perform services for emergency management 
  7.14  purposes as directed by any of the persons described above, and; 
  7.15     (2) commandeer, during a national security emergency, any 
  7.16  motor vehicle, tools, appliances, or other personal property and 
  7.17  any facilities or other real property. 
  7.18     Sec. 9.  Minnesota Statutes 2000, section 12.36, is amended 
  7.19  to read: 
  7.20     12.36 [GOVERNOR MAY CONTRACT.] 
  7.21     (a) The governor, during an emergency or disaster and 
  7.22  notwithstanding any other law, may: 
  7.23     (1) enter into contracts and incur obligations necessary to 
  7.24  combat the disaster by protecting the health and safety of 
  7.25  persons and the safety of property and the environment and by 
  7.26  providing emergency assistance to the victims of the disaster; 
  7.27  and 
  7.28     (2) exercise the powers vested by this subdivision in the 
  7.29  light of the exigencies of the disaster without compliance with 
  7.30  time-consuming procedures and formalities prescribed by law 
  7.31  pertaining to: 
  7.32     (i) the performance of public work; 
  7.33     (ii) entering into contract; 
  7.34     (iii) incurring of obligations; 
  7.35     (iv) employment of temporary workers; 
  7.36     (v) rental of equipment; 
  8.1      (vi) purchase of supplies and materials, for example, but 
  8.2   not limited to, publication of calls for bids; 
  8.3      (vii) provisions of the Civil Service Act and rules; 
  8.4      (viii) provisions relating to low bids; and 
  8.5      (ix) requirements for the budgeting and allotment of funds. 
  8.6      (b) All contracts must be in writing, executed on behalf of 
  8.7   the state by the governor or a person delegated by the governor 
  8.8   in writing so to do, and must be promptly filed with the 
  8.9   commissioner of finance, who shall forthwith encumber funds 
  8.10  appropriated for the purposes of the contract for the full 
  8.11  contract liability and certify thereon that the encumbrance has 
  8.12  been made. 
  8.13     Sec. 10.  Minnesota Statutes 2001 Supplement, section 
  8.14  28A.085, subdivision 4, is amended to read: 
  8.15     Subd. 4.  [FOOD HANDLER REINSPECTION ACCOUNT; 
  8.16  APPROPRIATION.] A food handler reinspection account is 
  8.17  established in the agricultural fund.  All reinspection fees, 
  8.18  court awarded costs under section 31.05, and assessments 
  8.19  collected must be deposited in the state treasury and are 
  8.20  credited to the food handler reinspection account.  Money in the 
  8.21  account, including interest accrued, is appropriated to the 
  8.22  commissioner to pay the expenses relating to reinspections 
  8.23  conducted under the chapters listed in subdivision 1. 
  8.24     Sec. 11.  Minnesota Statutes 2000, section 31.05, 
  8.25  subdivision 1, is amended to read: 
  8.26     Subdivision 1.  A duly authorized agent of the commissioner 
  8.27  who finds or has probable cause to believe that any food or 
  8.28  consumer commodity is adulterated or so misbranded as to be 
  8.29  dangerous or fraudulent, or is in violation of section 31.131 
  8.30  shall affix to such article a tag or other appropriate marking 
  8.31  giving notice that such article is, or is suspected of being, 
  8.32  adulterated or misbranded and has been detained or embargoed, 
  8.33  and warning all persons not to remove or dispose of such article 
  8.34  by sale or otherwise until permission for removal or disposal is 
  8.35  given by such agent or the court.  It shall be unlawful for any 
  8.36  person to remove or dispose of such detained or embargoed 
  9.1   article by sale or otherwise without such permission. 
  9.2      In the event of an emergency declared by the governor under 
  9.3   section 12.31, an embargo may be placed on a geographical area 
  9.4   of the state limiting food or consumer commodity movement into 
  9.5   or out of the embargoed area. 
  9.6      Sec. 12.  Minnesota Statutes 2000, section 31.05, is 
  9.7   amended by adding a subdivision to read: 
  9.8      Subd. 5.  If a person is convicted of adulteration under 
  9.9   section 609.687, terroristic threats under section 609.713, 
  9.10  terrorism under section 609B.08, use of biological agents, toxic 
  9.11  chemicals, or toxins under section 609B.25, or a misdemeanor 
  9.12  under section 31.032, the person is responsible for, and the 
  9.13  district court shall award to the commissioner, all costs 
  9.14  incurred for laboratory testing, inspection, investigation, and 
  9.15  disposal of the food or consumer commodity. 
  9.16     Sec. 13.  Minnesota Statutes 2001 Supplement, section 
  9.17  35.0661, subdivision 2, is amended to read: 
  9.18     Subd. 2.  [QUARANTINE ZONES.] Upon an emergency declaration 
  9.19  by the governor under subdivision 1, the board or any licensed 
  9.20  veterinarian designated by the board may establish quarantine 
  9.21  zones of control in any area where a specific animal is deemed 
  9.22  by a licensed veterinarian as likely to be infected with the 
  9.23  disease based on an actual veterinary examination or laboratory 
  9.24  testing.  Quarantine zones of control must be the smallest size 
  9.25  practicable to prevent the spread of disease and must exist for 
  9.26  the shortest duration consistent with effective disease 
  9.27  control.  A quarantine zone of control must not extend beyond a 
  9.28  radius of three miles from an animal deemed as likely to be 
  9.29  infected with the disease, unless the board has adopted a rule 
  9.30  regarding a specific disease requiring a larger quarantine zone 
  9.31  of control. for humans, machinery, and personal property, 
  9.32  excluding livestock products, will be limited to infected 
  9.33  premises.  The size of the quarantine zone of control for 
  9.34  livestock and livestock products will depend on weather 
  9.35  conditions, type of farms, time of year, species affected, and 
  9.36  geography of area affected. 
 10.1      Sec. 14.  Minnesota Statutes 2001 Supplement, section 
 10.2   260B.171, subdivision 1, is amended to read: 
 10.3      Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
 10.4   juvenile court judge shall keep such minutes and in such manner 
 10.5   as the court deems necessary and proper.  Except as provided in 
 10.6   paragraph (b), the court shall keep and maintain records 
 10.7   pertaining to delinquent adjudications until the person reaches 
 10.8   the age of 28 years and shall release the records on an 
 10.9   individual to another juvenile court that has jurisdiction of 
 10.10  the juvenile, to a requesting adult court for purposes of 
 10.11  sentencing, or to an adult court or juvenile court as required 
 10.12  by the right of confrontation of either the United States 
 10.13  Constitution or the Minnesota Constitution.  The juvenile court 
 10.14  shall provide, upon the request of any other juvenile court, 
 10.15  copies of the records concerning adjudications involving the 
 10.16  particular child.  The court also may provide copies of records 
 10.17  concerning delinquency adjudications, on request, to law 
 10.18  enforcement agencies, probation officers, and corrections agents 
 10.19  if the court finds that providing these records serves public 
 10.20  safety or is in the best interests of the child.  Juvenile court 
 10.21  delinquency proceeding records of adjudications, court 
 10.22  transcripts, and delinquency petitions, including any probable 
 10.23  cause attachments that have been filed or police officer reports 
 10.24  relating to a petition, and juvenile petty offense records must 
 10.25  be released to requesting law enforcement agencies, probation 
 10.26  officers, corrections agents, and prosecuting authorities for 
 10.27  purposes of investigating and prosecuting violations of section 
 10.28  609.229, provided that crimes, delinquent acts, or probation 
 10.29  violations.  Psychological or mental health reports may not be 
 10.30  included disclosed with those records unless the court finds 
 10.31  disclosure of psychological or mental health reports serves 
 10.32  public safety or is in the best interests of the child.  The 
 10.33  agency receiving the records may release the records only as 
 10.34  permitted under this section or authorized by law. 
 10.35     The court shall also keep an index in which files 
 10.36  pertaining to juvenile matters shall be indexed under the name 
 11.1   of the child.  After the name of each file shall be shown the 
 11.2   file number and, if ordered by the court, the book and page of 
 11.3   the register in which the documents pertaining to such file are 
 11.4   listed.  The court shall also keep a register properly indexed 
 11.5   in which shall be listed under the name of the child all 
 11.6   documents filed pertaining to the child and in the order filed.  
 11.7   The list shall show the name of the document and the date of 
 11.8   filing thereof.  The juvenile court legal records shall be 
 11.9   deposited in files and shall include the petition, summons, 
 11.10  notice, findings, orders, decrees, judgments, and motions and 
 11.11  such other matters as the court deems necessary and proper.  
 11.12  Unless otherwise provided by law, all court records shall be 
 11.13  open at all reasonable times to the inspection of any child to 
 11.14  whom the records relate, and to the child's parent and guardian. 
 11.15     (b) The court shall retain records of the court finding 
 11.16  that a juvenile committed an act that would be a felony- felony 
 11.17  or gross misdemeanor level offense until the offender reaches 
 11.18  the age of 28.  If the offender commits a felony as an adult, or 
 11.19  the court convicts a child as an extended jurisdiction juvenile, 
 11.20  the court shall retain the juvenile records for as long as the 
 11.21  records would have been retained if the offender had been an 
 11.22  adult at the time of the juvenile offense.  This paragraph does 
 11.23  not apply unless the juvenile was provided counsel as required 
 11.24  by section 260B.163, subdivision 2. 
 11.25     Sec. 15.  Minnesota Statutes 2000, section 299A.49, 
 11.26  subdivision 2, is amended to read: 
 11.27     Subd. 2.  [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment 
 11.28  team" means a team trained and equipped to evaluate and mitigate 
 11.29  a hazardous materials incident and recommend the best means of 
 11.30  controlling the hazard after consideration of life safety 
 11.31  concerns, environmental effects, exposure hazards, quantity and 
 11.32  type of hazardous material, availability of local resources, or 
 11.33  other relevant factors. 
 11.34     Sec. 16.  Minnesota Statutes 2000, section 299A.49, 
 11.35  subdivision 4, is amended to read: 
 11.36     Subd. 4.  [HAZARDOUS MATERIALS.] "Hazardous materials" 
 12.1   means substances or materials that, because of their chemical, 
 12.2   physical, or biological nature, pose a potential risk to life, 
 12.3   health, or property if they are released.  "Hazardous materials" 
 12.4   includes any substance or material in a particular form or 
 12.5   quantity that may pose an unreasonable risk to health, safety, 
 12.6   and property, or any substance or material in a quantity or form 
 12.7   that may be harmful to humans, animals, crops, water systems, or 
 12.8   other elements of the environment if accidentally released.  
 12.9   Hazardous substances so designated may include explosives, 
 12.10  radioactive materials, etiologic agents, flammable liquids or 
 12.11  solids, combustible liquids or solids, poisons, oxidizing or 
 12.12  corrosive materials, chemical and biological substances, and 
 12.13  flammable gases. 
 12.14     Sec. 17.  Minnesota Statutes 2000, section 299A.50, 
 12.15  subdivision 1, is amended to read: 
 12.16     Subdivision 1.  [ELEMENTS OF PLAN; RULES.] After 
 12.17  consultation with the commissioners of natural resources, 
 12.18  agriculture, transportation, and the pollution control agency, 
 12.19  the state fire marshal, the emergency response commission, 
 12.20  appropriate technical emergency response representatives, and 
 12.21  representatives of affected parties, the commissioner shall 
 12.22  adopt rules to implement a statewide hazardous materials 
 12.23  incident response plan.  The plan must include: 
 12.24     (1) the locations of up to five regional hazardous 
 12.25  materials response teams, based on the location of hazardous 
 12.26  materials, response time, proximity to large population centers, 
 12.27  and other factors; 
 12.28     (2) the locations of up to 11 regional hazardous materials 
 12.29  chemical assessment teams, based on the location of hazardous 
 12.30  materials, response time, proximity to large population centers, 
 12.31  and other factors; 
 12.32     (3) the number and qualifications of members on each team; 
 12.33     (3) (4) the responsibilities of regional hazardous 
 12.34  materials response teams; 
 12.35     (4) (5) equipment needed for regional hazardous materials 
 12.36  response teams; 
 13.1      (5) (6) procedures for selecting and contracting with local 
 13.2   governments or nonpublic persons to establish regional hazardous 
 13.3   materials response teams; 
 13.4      (6) (7) procedures for dispatching teams at the request of 
 13.5   local governments; 
 13.6      (7) (8) a fee schedule for reimbursing local governments or 
 13.7   nonpublic persons responding to an incident; and 
 13.8      (8) (9) coordination with other state departments and 
 13.9   agencies, local units of government, other states, Indian 
 13.10  tribes, the federal government, and other nonpublic persons.  
 13.11     Sec. 18.  Minnesota Statutes 2000, section 609.035, is 
 13.12  amended by adding a subdivision to read: 
 13.13     Subd. 7.  [EXCEPTION:  ACTS OF TERRORISM.] Notwithstanding 
 13.14  subdivision 1 or section 609.04, a prosecution or conviction of 
 13.15  a violation of section 609B.08 is not a bar to a conviction of 
 13.16  or punishment for committing the felony described in section 
 13.17  609B.28, subdivision 2, or 609.625 or for any other crime 
 13.18  committed by the defendant as part of the same conduct.  If an 
 13.19  offender is punished for more than one crime as authorized by 
 13.20  this subdivision and the court imposes consecutive sentences for 
 13.21  the crimes, the consecutive sentences are not a departure from 
 13.22  the sentencing guidelines. 
 13.23     Sec. 19.  Minnesota Statutes 2000, section 609.185, is 
 13.24  amended to read: 
 13.25     609.185 [MURDER IN THE FIRST DEGREE.] 
 13.26     Whoever does any of the following is guilty of murder in 
 13.27  the first degree and shall be sentenced to imprisonment for life:
 13.28     (1) causes the death of a human being with premeditation 
 13.29  and with intent to effect the death of the person or of another; 
 13.30     (2) causes the death of a human being while committing or 
 13.31  attempting to commit criminal sexual conduct in the first or 
 13.32  second degree with force or violence, either upon or affecting 
 13.33  the person or another; 
 13.34     (3) causes the death of a human being with intent to effect 
 13.35  the death of the person or another, while committing or 
 13.36  attempting to commit burglary, aggravated robbery, kidnapping, 
 14.1   arson in the first or second degree, a drive-by shooting, 
 14.2   tampering with a witness in the first degree, escape from 
 14.3   custody, or any felony violation of chapter 152 involving the 
 14.4   unlawful sale of a controlled substance; 
 14.5      (4) causes the death of a peace officer or a guard employed 
 14.6   at a Minnesota state or local correctional facility, with intent 
 14.7   to effect the death of that person or another, while the peace 
 14.8   officer or guard is engaged in the performance of official 
 14.9   duties; 
 14.10     (5) causes the death of a minor while committing child 
 14.11  abuse, when the perpetrator has engaged in a past pattern of 
 14.12  child abuse upon the child and the death occurs under 
 14.13  circumstances manifesting an extreme indifference to human life; 
 14.14  or 
 14.15     (6) causes the death of a human being while committing 
 14.16  domestic abuse, when the perpetrator has engaged in a past 
 14.17  pattern of domestic abuse upon the victim or upon another family 
 14.18  or household member and the death occurs under circumstances 
 14.19  manifesting an extreme indifference to human life; or 
 14.20     (7) causes the death of a human being while committing any 
 14.21  felony violation of chapter 609B involving terrorism. 
 14.22     For purposes of clause (5), "child abuse" means an act 
 14.23  committed against a minor victim that constitutes a violation of 
 14.24  the following laws of this state or any similar laws of the 
 14.25  United States or any other state:  section 609.221; 609.222; 
 14.26  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
 14.27  609.377; 609.378; or 609.713. 
 14.28     For purposes of clause (6), "domestic abuse" means an act 
 14.29  that: 
 14.30     (1) constitutes a violation of section 609.221, 609.222, 
 14.31  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 14.32  609.713, or any similar laws of the United States or any other 
 14.33  state; and 
 14.34     (2) is committed against the victim who is a family or 
 14.35  household member as defined in section 518B.01, subdivision 2, 
 14.36  paragraph (b). 
 15.1      Sec. 20.  Minnesota Statutes 2000, section 609.531, 
 15.2   subdivision 1, is amended to read: 
 15.3      Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 15.4   609.531 to 609.5318, the following terms have the meanings given 
 15.5   them.  
 15.6      (a) "Conveyance device" means a device used for 
 15.7   transportation and includes, but is not limited to, a motor 
 15.8   vehicle, trailer, snowmobile, airplane, and vessel and any 
 15.9   equipment attached to it.  The term "conveyance device" does not 
 15.10  include property which is, in fact, itself stolen or taken in 
 15.11  violation of the law.  
 15.12     (b) "Weapon used" means a dangerous weapon as defined under 
 15.13  section 609.02, subdivision 6, that the actor used or had in 
 15.14  possession in furtherance of a crime.  
 15.15     (c) "Property" means property as defined in section 609.52, 
 15.16  subdivision 1, clause (1).  
 15.17     (d) "Contraband" means property which is illegal to possess 
 15.18  under Minnesota law.  
 15.19     (e) "Appropriate agency" means the bureau of criminal 
 15.20  apprehension, the Minnesota state patrol, a county sheriff's 
 15.21  department, the suburban Hennepin regional park district park 
 15.22  rangers, the department of natural resources division of 
 15.23  enforcement, the University of Minnesota police department, or a 
 15.24  city or airport police department.  
 15.25     (f) "Designated offense" includes:  
 15.26     (1) for weapons used:  any violation of this chapter, 
 15.27  chapter 152, chapter 609B, or chapter 624; 
 15.28     (2) for any violation of chapter 609B or a felony violation 
 15.29  of, or a felony-level attempt or conspiracy to violate, section 
 15.30  609.625, subdivision 4; 609.532, subdivision 3, clause (3); 
 15.31  609.713; or a gross misdemeanor violation of section 609.605; 
 15.32  and 
 15.33     (3) for all other purposes:  a felony violation of, or a 
 15.34  felony-level attempt or conspiracy to violate, section 325E.17; 
 15.35  325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 15.36  609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 16.1   609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 16.2   1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 16.3   (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 16.4   and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 16.5   609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 16.6   609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 16.7   609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 16.8   12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 16.9   609.895; 617.246; or a gross misdemeanor or felony violation of 
 16.10  section 609.891 or 624.7181; or any violation of section 609.324.
 16.11     (g) "Controlled substance" has the meaning given in section 
 16.12  152.01, subdivision 4.  
 16.13     Sec. 21.  Minnesota Statutes 2000, section 609.532, 
 16.14  subdivision 3, is amended to read: 
 16.15     Subd. 3.  [ISSUANCE OF A COURT ORDER.] If the court finds 
 16.16  that (1) there is probable cause that the account holder was 
 16.17  involved in the commission of a felony; (2) the accounts of the 
 16.18  account holder are specifically identified; (3) there was a loss 
 16.19  of $10,000 or more as a result of the commission of the alleged 
 16.20  felony, or the account holder is charged with murder, attempted 
 16.21  murder, conspiracy to commit murder, or a violation of section 
 16.22  609.668 prohibited acts involving explosive or incendiary 
 16.23  devices, section 609.712 use or possession of a biological 
 16.24  agent, toxic chemical or toxin, section 609.713 terroristic 
 16.25  threats, or a terroristic crime under chapter 609B; and (4) it 
 16.26  is necessary to freeze the account holder's funds or assets to 
 16.27  ensure eventual restitution to victims of the alleged offense, 
 16.28  the court may order the financial institution to freeze all or 
 16.29  part of the account holder's deposited funds or assets so that 
 16.30  the funds or assets may not be withdrawn or disposed of until 
 16.31  further order of the court. 
 16.32     Sec. 22.  [609.605] [TRESPASS ON UTILITY PROPERTY.] 
 16.33     Subdivision 1.  [PENALTIES.] If a person trespasses upon 
 16.34  real property containing any equipment or facility used by a 
 16.35  pipeline or a utility to provide pipeline or utility service, or 
 16.36  upon real property of a critical public service facility, and 
 17.1   does so: 
 17.2      (1) with intent to tamper, damage, or otherwise disrupt 
 17.3   either the safe operation of the pipeline or utility equipment 
 17.4   or facility or the provision of services by a critical public 
 17.5   service facility, the person is guilty of a felony; or 
 17.6      (2) without claim of right or consent of one who has the 
 17.7   right to give consent to be on the property, the person is 
 17.8   guilty of a gross misdemeanor. 
 17.9      Subd. 2.  [DETENTION AUTHORITY; LIABILITY.] An employee, or 
 17.10  other person, designated by a pipeline, utility, or critical 
 17.11  public service facility to ensure the safe operation of the 
 17.12  equipment or facility of the pipeline or utility or the 
 17.13  provision of services by a critical public service facility who 
 17.14  has a reasonable suspicion to believe that a person is 
 17.15  committing the offense described in subdivision 1, may detain 
 17.16  the person in a reasonable manner for a reasonable period of 
 17.17  time pending the arrival of a peace officer.  The employee or 
 17.18  other designated person is not liable, either criminally or 
 17.19  civilly, for any action authorized under this subdivision if the 
 17.20  person's action is based on a reasonable suspicion. 
 17.21     Subd. 3.  [ARREST AUTHORITY.] A peace officer may arrest a 
 17.22  person without a warrant if the officer has probable cause to 
 17.23  believe the person violated this subdivision within the 
 17.24  preceding four hours.  The arrest may be made even though the 
 17.25  violation did not occur in the presence of the peace officer. 
 17.26     Subd. 4.  [DEFINITIONS.] For purposes of this section: 
 17.27     (a) "Critical public service facility" includes railroad 
 17.28  stations, bus stations, airports, and other mass transit 
 17.29  facilities; oil refineries; storage areas or facilities for 
 17.30  hazardous materials, hazardous substances, or hazardous wastes; 
 17.31  and bridges. 
 17.32     (b) "Pipeline" means a pipeline subject to Code of Federal 
 17.33  Regulations, title 49, parts 192 and 195. 
 17.34     (c) "Utility" includes (1) any organization defined as a 
 17.35  utility in section 216C.06, subdivision 5, or that is subject to 
 17.36  the regulations of the federal Nuclear Regulatory Agency or 
 18.1   Department of Energy, (2) any telecommunications carrier or 
 18.2   telephone company regulated under chapter 237 or subject to the 
 18.3   regulations of the Federal Communications Commission, and (3) 
 18.4   any local utility or enterprise formed for the purpose of 
 18.5   providing electrical or gas heating and power, telephone, water, 
 18.6   sewage, wastewater, or other related utility service, which is 
 18.7   owned, controlled, or regulated by a town, a statutory or home 
 18.8   rule charter city, a county, a port development authority, the 
 18.9   metropolitan council, a district heating authority, a regional 
 18.10  commission or other regional government unit, or a combination 
 18.11  of these governmental units. 
 18.12     Sec. 23.  [609.712] [INTRODUCING OR THREATENING TO 
 18.13  INTRODUCE LIVESTOCK, CAPTIVE CERVIDAE, POULTRY, OR WILD DEER 
 18.14  PATHOGENS.] 
 18.15     Subdivision 1.  [LIVESTOCK, CAPTIVE CERVIDAE, AND 
 18.16  POULTRY.] (a) Whoever intentionally introduces an organism 
 18.17  pathogenic to livestock, captive cervidae, or poultry is guilty 
 18.18  of a felony. 
 18.19     (b) Whoever threatens to introduce an organism pathogenic 
 18.20  to livestock, captive cervidae, or poultry located in this state 
 18.21  with purpose to terrorize the owner of the livestock, captive 
 18.22  cervidae, or poultry or to terrorize members of the public is 
 18.23  guilty of a gross misdemeanor.  
 18.24     (c) It is an affirmative defense to criminal liability 
 18.25  under this subdivision that the organism has a recognized 
 18.26  therapeutic veterinary purpose. 
 18.27     Subd. 2.  [WILD DEER.] (a) Whoever introduces an organism 
 18.28  pathogenic to wild deer is guilty of a felony. 
 18.29     (b) Whoever threatens to introduce an organism pathogenic 
 18.30  to wild deer located in this state with purpose to terrorize 
 18.31  members of the public is guilty of a gross misdemeanor.  
 18.32     (c) It is an affirmative defense to criminal liability 
 18.33  under this subdivision that the organism has a recognized 
 18.34  therapeutic veterinary purpose. 
 18.35     Subd. 3.  [PENALTY.] (a) A person convicted of violating 
 18.36  subdivision 1, paragraph (a), or subdivision 2, paragraph (a), 
 19.1   may be sentenced to imprisonment for not more than ten years or 
 19.2   to payment of a fine of not more than $20,000, or both. 
 19.3      (b) A person convicted of violating subdivision 1, 
 19.4   paragraph (b), or subdivision 2, paragraph (b), may be sentenced 
 19.5   to imprisonment for not more than one year or to payment of a 
 19.6   fine of not more than $3,000, or both.  
 19.7      Subd. 4.  [CIVIL ACTION.] Any person injured by a violation 
 19.8   of subdivision 1 may bring an action for the damages sustained, 
 19.9   costs, and attorney fees. 
 19.10                             ARTICLE 2
 19.11            APPROPRIATIONS FOR ANTITERRORIST INITIATIVES 
 19.12  Section 1.  [PUBLIC SAFETY AND OTHER AGENCIES APPROPRIATIONS.] 
 19.13     The sums shown in the columns marked "APPROPRIATIONS" are 
 19.14  appropriated from the general fund, or another fund named, to 
 19.15  the agencies and for the purposes specified in this article, to 
 19.16  be available for the fiscal years indicated for each purpose.  
 19.17  The figures "2002" and "2003" where used in this article, mean 
 19.18  that the appropriation or appropriations listed under them are 
 19.19  available for the year ending June 30, 2002, or June 30, 2003, 
 19.20  respectively. 
 19.21                                             APPROPRIATIONS 
 19.22                                         Available for the Year 
 19.23                                             Ending June 30 
 19.24                                            2002         2003 
 19.25  Sec. 2.  PUBLIC SAFETY                   $85,000     $1,633,000 
 19.26  This appropriation is for antiterrorism 
 19.27  initiatives, including bomb disposal 
 19.28  response, hazardous materials response, 
 19.29  collapse structure capability, capitol 
 19.30  security, weapons of mass destruction 
 19.31  coordination training and exercise, and 
 19.32  data management systems. 
 19.33  Of this amount, $124,500 the second 
 19.34  year is for transfer to the department 
 19.35  of administration for card readers and 
 19.36  expanded camera coverage of the capitol 
 19.37  area. 
 19.38  The base for these activities is 
 19.39  $1,205,000 for the fiscal year 
 19.40  beginning July 1, 2003. 
 19.41  Sec. 3.  AGRICULTURE                        -0-       1,012,000 
 19.42  This appropriation is for domestic 
 19.43  terrorism preparedness and response 
 19.44  activities, including planning, 
 19.45  training, identification and detection, 
 20.1   and response.  Funds will be used to 
 20.2   develop and coordinate the department 
 20.3   of agriculture's emergency response 
 20.4   activities, procedures, and protocols; 
 20.5   implement the food safety and 
 20.6   agricultural security data management 
 20.7   system; and provide emergency response 
 20.8   training and increased laboratory 
 20.9   capacity.  The base funding for these 
 20.10  activities is $1,324,000 for the fiscal 
 20.11  year beginning July 1, 2003, and 
 20.12  $1,418,000 for the fiscal year 
 20.13  beginning July 1, 2004. 
 20.14  Sec. 4.  BOARD OF ANIMAL HEALTH             -0-         128,000 
 20.15  This appropriation is for domestic 
 20.16  terrorism preparedness and response 
 20.17  activities.  The base funding for these 
 20.18  activities is $118,000 for the fiscal 
 20.19  year beginning July 1, 2003. 
 20.20     Sec. 5.  [EFFECTIVE DATE.] 
 20.21     Sections 1 to 4 are effective the day after final enactment.