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HF 3228

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

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A bill for an act
relating to crime; modifying trespassing on critical public service property;
amending Minnesota Statutes 2006, section 609.6055, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 609.6055, subdivision 1, is amended to
read:


Subdivision 1.

Definitions.

(a) As used in this section, the following terms have
the meanings given.

(b) "Critical public service facility" includes buildings and other physical structures,
and fenced in or otherwise enclosed property, of railroad yards and stations, bus stations,
airports, and other mass transit facilities; oil refineries; and storage areas or facilities for
hazardous materials, hazardous substances, or hazardous wastes. The term also includes
nonpublic portions of bridges. The term does not include railroad tracks extending beyond
a critical public service facility.

(c) "Pipeline" includes an aboveground pipelinenew text begin, a below ground pipeline housed in
an underground structure,
new text end and any equipment, facility, or building located in this state that
is used to transport natural or synthetic gas, crude petroleum or petroleum fuels or oil or
their derivatives, or hazardous liquids, to or within a distribution, refining, manufacturing,
or storage facility that is located inside or outside of this state. Pipeline does not include
service lines.

(d) "Utility" includes:

(1) any organization defined as a utility in section 216C.06, subdivision 18;

(2) any telecommunications carrier or telephone company regulated under chapter
237; and

(3) any local utility or enterprise formed for the purpose of providing electrical or gas
heating and power, telephone, water, sewage, wastewater, or other related utility service,
which is owned, controlled, or regulated by a town, a statutory or home rule charter city,
a county, a port development authority, the Metropolitan Council, a district heating
authority, a regional commission or other regional government unit, or a combination of
these governmental units.

The term does not include property located above buried power or
telecommunications lines or property located below suspended power or
telecommunications lines, unless the property is fenced in or otherwise enclosed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to
offenses committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.6055, subdivision 2, is amended to read:


Subd. 2.

Prohibited conduct; penalty.

new text begin(a) new text endWhoever enters or is found upon
property containing a critical public service facility, utility, or pipeline, without claim of
right or consent of one who has the right to give consent to be on the property, is guilty of
a gross misdemeanor, if:

(1) the person refuses to depart from the property on the demand of one who has
the right to give consent;

(2) within the past six months, the person had been told by one who had the right
to give consent to leave the property and not to return, unless a person with the right to
give consent has given the person permission to return; or

(3) the property is posted.

new text begin (b) Whoever enters an underground structure that (i) contains a utility or pipeline
and (ii) is not open to the public for pedestrian use, without claim of right or consent of
one who has the right to give consent to be in the underground structure, is guilty of
a gross misdemeanor. The underground structure does not need to be posted for this
paragraph to apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008, and applies to
offenses committed on or after that date.
new text end