SF 1315

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state departments; establishing the bureau 
  1.3             of criminal apprehension as an independent agency of 
  1.4             the executive branch; transferring the criminal 
  1.5             justice information system unit to the bureau; 
  1.6             amending Minnesota Statutes 1994, sections 3.732, 
  1.7             subdivision 1; 15A.081, subdivision 1; 16B.14; 16B.46; 
  1.8             16B.54, subdivision 2; 297C.09; 297C.10, subdivision 
  1.9             1; 299A.02; 299A.31, subdivision 1; 299A.331, 
  1.10            subdivision 1; 299A.38, subdivision 1; 299C.01; 
  1.11            299C.03; 299C.06; 299C.13; 299C.50; 340A.201; 352B.01, 
  1.12            subdivision 2; 360.0753, subdivision 6; 611A.20, 
  1.13            subdivision 2; 624.7151; 626.5531, subdivision 2; 
  1.14            626.562, subdivision 1; and 634.16. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  [BUREAU OF CRIMINAL APPREHENSION ESTABLISHED AS 
  1.17  EXECUTIVE AGENCY; LIQUOR CONTROL DIVISION TRANSFERRED TO 
  1.18  DEPARTMENT OF COMMERCE.] 
  1.19     All powers, duties, and responsibilities formerly held by 
  1.20  the commissioner of public safety with respect to the bureau of 
  1.21  criminal apprehension are transferred to the superintendent of 
  1.22  the bureau of criminal apprehension.  The bureau is established 
  1.23  as an agency of the executive branch of state government 
  1.24  pursuant to section 13.  All the responsibilities of the 
  1.25  criminal justice information system unit are transferred to the 
  1.26  bureau.  
  1.27     Possession of the department's minicomputer system and 
  1.28  equipment is transferred to the bureau of criminal apprehension. 
  1.29  Computer applications supporting functions not transferred to 
  1.30  the bureau of criminal apprehension are transferred to the 
  2.1   applicable receiving agencies.  For programs not transferred to 
  2.2   the bureau of criminal apprehension, the commissioner of public 
  2.3   safety shall make the necessary arrangements for the effective 
  2.4   management of the department's information systems.  The 
  2.5   commissioner of public safety may lease time and services on the 
  2.6   minicomputer system transferred to the bureau, and shall 
  2.7   compensate the superintendent of the bureau for the leased time 
  2.8   and services from funds appropriated to the commissioner for 
  2.9   driver and vehicle services. 
  2.10     Sec. 2.  Minnesota Statutes 1994, section 3.732, 
  2.11  subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [DEFINITIONS.] As used in this section and 
  2.13  section 3.736 the terms defined in this section have the 
  2.14  meanings given them. 
  2.15     (1) "State" includes each of the departments, boards, 
  2.16  agencies, commissions, courts, and officers in the executive, 
  2.17  legislative, and judicial branches of the state of Minnesota and 
  2.18  includes but is not limited to the housing finance agency, the 
  2.19  higher education coordinating board, the higher education 
  2.20  facilities authority, the health technology advisory committee, 
  2.21  the armory building commission, the zoological board, the iron 
  2.22  range resources and rehabilitation board, the state agricultural 
  2.23  society, the University of Minnesota, state universities, 
  2.24  community colleges, state hospitals, and state penal 
  2.25  institutions.  It does not include a city, town, county, school 
  2.26  district, or other local governmental body corporate and politic.
  2.27     (2) "Employee of the state" means all present or former 
  2.28  officers, members, directors, or employees of the state, members 
  2.29  of the Minnesota national guard, members of a bomb disposal unit 
  2.30  approved by the commissioner of public safety superintendent of 
  2.31  the bureau of criminal apprehension and employed by a 
  2.32  municipality defined in section 466.01 when engaged in the 
  2.33  disposal or neutralization of bombs outside the jurisdiction of 
  2.34  the municipality but within the state, or persons acting on 
  2.35  behalf of the state in an official capacity, temporarily or 
  2.36  permanently, with or without compensation.  It does not include 
  3.1   either an independent contractor or members of the Minnesota 
  3.2   national guard while engaged in training or duty under United 
  3.3   States Code, title 10, or title 32, section 316, 502, 503, 504, 
  3.4   or 505, as amended through December 31, 1983.  Notwithstanding 
  3.5   sections 43A.02 and 611.263, for purposes of this section and 
  3.6   section 3.736 only, "employee of the state" includes a district 
  3.7   public defender or assistant district public defender in the 
  3.8   second or fourth judicial district and a member of the health 
  3.9   technology advisory committee. 
  3.10     (3) "Scope of office or employment" means that the employee 
  3.11  was acting on behalf of the state in the performance of duties 
  3.12  or tasks lawfully assigned by competent authority. 
  3.13     (4) "Judicial branch" has the meaning given in section 
  3.14  43A.02, subdivision 25. 
  3.15     Sec. 3.  Minnesota Statutes 1994, section 15A.081, 
  3.16  subdivision 1, is amended to read: 
  3.17     Subdivision 1.  [SALARY RANGES.] The governor shall set the 
  3.18  salary rate within the ranges listed below for positions 
  3.19  specified in this subdivision, upon approval of the legislative 
  3.20  commission on employee relations and the legislature as provided 
  3.21  by section 3.855: 
  3.22                            Salary Range 
  3.23  $57,500-$78,500 
  3.24     Commissioner of finance; 
  3.25     Commissioner of education; 
  3.26     Commissioner of transportation; 
  3.27     Commissioner of human services; 
  3.28     Commissioner of revenue; 
  3.29     Commissioner of public safety; 
  3.30     Executive director, state board of investment; 
  3.31  $50,000-$67,500 
  3.32     Commissioner of administration; 
  3.33     Commissioner of agriculture; 
  3.34     Commissioner of commerce; 
  3.35     Commissioner of corrections; 
  3.36     Commissioner of economic security; 
  4.1      Commissioner of employee relations; 
  4.2      Commissioner of health; 
  4.3      Commissioner of labor and industry; 
  4.4      Commissioner of natural resources; 
  4.5      Commissioner of trade and economic development; 
  4.6      Chief administrative law judge; office of administrative 
  4.7      hearings; 
  4.8      Commissioner, pollution control agency; 
  4.9      Director, office of waste management; 
  4.10     Commissioner, housing finance agency; 
  4.11     Executive director, public employees retirement 
  4.12     association; 
  4.13     Executive director, teacher's retirement association; 
  4.14     Executive director, state retirement system; 
  4.15     Superintendent, bureau of criminal apprehension 
  4.16  $42,500-$60,000 
  4.17     Commissioner of human rights; 
  4.18     Commissioner, department of public service; 
  4.19     Commissioner of veterans affairs; 
  4.20     Commissioner, bureau of mediation services; 
  4.21     Commissioner, public utilities commission; 
  4.22     Member, transportation regulation board; 
  4.23     Ombudsman for corrections; 
  4.24     Ombudsman for mental health and retardation. 
  4.25     Sec. 4.  Minnesota Statutes 1994, section 16B.14, is 
  4.26  amended to read: 
  4.27     16B.14 [CERTAIN VEHICLES.] 
  4.28     Upon the written request of the commissioner of public 
  4.29  safety superintendent of the bureau of criminal apprehension, 
  4.30  motor vehicles for specific use by investigative and undercover 
  4.31  agents of the department of public safety bureau of criminal 
  4.32  apprehension must be purchased by the brand make and model.  All 
  4.33  other provisions of this chapter relating to competitive bidding 
  4.34  apply to purchases covered by this section.  
  4.35     Sec. 5.  Minnesota Statutes 1994, section 16B.46, is 
  4.36  amended to read: 
  5.1      16B.46 [TELECOMMUNICATION; POWERS.] 
  5.2      The commissioner shall supervise and control all state 
  5.3   telecommunication facilities including any transmission, 
  5.4   emission, or reception of signs, signals, writing, images, and 
  5.5   sounds or intelligence of any nature by wire, radio, optical, or 
  5.6   other electromagnetic systems.  Nothing in this section 
  5.7   modifies, amends, or abridges any powers and duties presently 
  5.8   vested in or imposed upon the commissioner of transportation or 
  5.9   the commissioner of public safety superintendent of the bureau 
  5.10  of criminal apprehension relating to telecommunications 
  5.11  facilities or the commissioner of transportation relating only 
  5.12  to radio air navigation facilities or other air navigation 
  5.13  facilities.  
  5.14     Sec. 6.  Minnesota Statutes 1994, section 16B.54, 
  5.15  subdivision 2, is amended to read: 
  5.16     Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
  5.17  APPROPRIATION.] The commissioner may direct an agency to make a 
  5.18  transfer of a passenger motor vehicle or truck currently 
  5.19  assigned to it.  The transfer must be made to the commissioner 
  5.20  for use in the central motor pool.  The commissioner shall 
  5.21  reimburse an agency whose motor vehicles have been paid for with 
  5.22  funds dedicated by the constitution for a special purpose and 
  5.23  which are assigned to the central motor pool.  The amount of 
  5.24  reimbursement for a motor vehicle is its average wholesale price 
  5.25  as determined from the midwest edition of the National 
  5.26  Automobile Dealers Association official used car guide. 
  5.27     (b)  [PURCHASE.] To the extent that funds are available for 
  5.28  the purpose, the commissioner may purchase or otherwise acquire 
  5.29  additional passenger motor vehicles and trucks necessary for the 
  5.30  central motor pool.  The title to all motor vehicles assigned to 
  5.31  or purchased or acquired for the central motor pool is in the 
  5.32  name of the department of administration.  
  5.33     (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
  5.34  agency, the commissioner may transfer to the central motor pool 
  5.35  any passenger motor vehicle or truck for the purpose of 
  5.36  disposing of it.  The department or agency transferring the 
  6.1   vehicle or truck must be paid for it from the motor pool 
  6.2   revolving account established by this section in an amount equal 
  6.3   to two-thirds of the average wholesale price of the vehicle or 
  6.4   truck as determined from the midwest edition of the National 
  6.5   Automobile Dealers Association official used car guide. 
  6.6      (d)  [VEHICLES; MARKING.] The commissioner shall provide 
  6.7   for the uniform marking of all motor vehicles.  Motor vehicle 
  6.8   colors must be selected from the regular color chart provided by 
  6.9   the manufacturer each year.  The commissioner may further 
  6.10  provide for the use of motor vehicles without marking by the 
  6.11  governor, the lieutenant governor, the division bureau of 
  6.12  criminal apprehension, division of liquor control, division of 
  6.13  gambling enforcement, arson investigators of the division of 
  6.14  fire marshal in the department of public safety, financial 
  6.15  institutions division of the department of commerce, state 
  6.16  lottery, criminal investigators of the department of revenue, 
  6.17  state-owned community service facilities in the department of 
  6.18  human services, the investigative staff of the department of 
  6.19  economic security, and the office of the attorney general.  
  6.20     Sec. 7.  Minnesota Statutes 1994, section 297C.09, is 
  6.21  amended to read: 
  6.22     297C.09 [IMPORTATION BY INDIVIDUALS.] 
  6.23     A person, other than a person under the age of 21 years, 
  6.24  entering Minnesota from another state may have in possession one 
  6.25  liter of intoxicating liquor or 288 ounces of malt liquor and a 
  6.26  person entering Minnesota from a foreign country may have in 
  6.27  possession four liters of intoxicating liquor or ten quarts (320 
  6.28  ounces) of malt liquor without the required payment of the 
  6.29  Minnesota excise tax.  A collector of commemorative bottles, 
  6.30  other than a person under the age of 21 years, entering 
  6.31  Minnesota from another state may have in possession 12 or fewer 
  6.32  commemorative bottles without the required payment of the 
  6.33  Minnesota excise tax.  A person entering Minnesota from another 
  6.34  state who imports or has in possession intoxicating liquor or 
  6.35  malt liquor in excess of the quantities provided for in this 
  6.36  section is guilty of a misdemeanor.  A person entering Minnesota 
  7.1   from a foreign country who imports or has in possession untaxed 
  7.2   intoxicating liquor or malt liquor in excess of the quantities 
  7.3   provided for in this section is guilty of a misdemeanor.  This 
  7.4   section does not apply to the consignments of alcoholic 
  7.5   beverages shipped into this state by holders of Minnesota import 
  7.6   licenses or Minnesota manufacturers and wholesalers when 
  7.7   licensed by the commissioner of public safety superintendent of 
  7.8   the bureau of criminal apprehension or to common carriers with 
  7.9   licenses to sell intoxicating liquor in more than one state.  A 
  7.10  peace officer, the commissioner superintendent of the bureau of 
  7.11  criminal apprehension, or their authorized agents, may seize 
  7.12  untaxed liquor. 
  7.13     Sec. 8.  Minnesota Statutes 1994, section 297C.10, 
  7.14  subdivision 1, is amended to read: 
  7.15     Subdivision 1.  [ENFORCEMENT RESPONSIBILITY.] The 
  7.16  commissioners commissioner of public safety and revenue and the 
  7.17  superintendent of the bureau of criminal apprehension shall 
  7.18  enforce and administer the provisions of this chapter. 
  7.19     Sec. 9.  Minnesota Statutes 1994, section 299A.02, is 
  7.20  amended to read: 
  7.21     299A.02 [COMMISSIONERS OF PUBLIC SAFETY COMMERCE AND 
  7.22  REVENUE AND SUPERINTENDENT OF THE BUREAU OF CRIMINAL 
  7.23  APPREHENSION; LIQUOR CONTROL FUNCTIONS.] 
  7.24     Subdivision 1.  [DIRECTOR OF DIVISION OF LIQUOR CONTROL 
  7.25  CONFLICT OF INTEREST.] No employee of the department of public 
  7.26  safety bureau of criminal apprehension or the department of 
  7.27  revenue having any responsibility for the administration or 
  7.28  enforcement of Laws 1985, chapter 305, articles 2 to 11 this 
  7.29  section and chapters 297C and 340A shall have a direct or 
  7.30  indirect interest, except through ownership or investment in 
  7.31  pension or mutual funds, in the manufacture, transportation or 
  7.32  sale of intoxicating liquor or any malt or vinous beverages, 
  7.33  intoxicating, nonintoxicating, or commercial or industrial 
  7.34  alcohol.  The commissioner of public safety superintendent of 
  7.35  the bureau of criminal apprehension or the commissioner of 
  7.36  revenue may remove an employee in the unclassified civil service 
  8.1   for any intentional violation of any provision in Laws 1985, 
  8.2   chapter 305, articles 2 to 11 this section and chapters 297C and 
  8.3   340A.  Intentional violation of the preceding sections by a 
  8.4   classified employee of one of the departments may be grounds for 
  8.5   removal of that employee pursuant to section 43A.33. 
  8.6      Subd. 2.  [GENERAL POWERS.] The commissioner superintendent 
  8.7   of the bureau of criminal apprehension shall administer and 
  8.8   enforce the provisions of Laws 1985, chapter 305, articles 2 to 
  8.9   11 this section and chapters 297C and 340A except for those 
  8.10  provisions thereof for which administration and enforcement are 
  8.11  reserved to the commissioner of revenue. 
  8.12     Subd. 3.  [REPORTS; RULES.] The commissioner shall have 
  8.13  power to require periodic factual reports from all licensed 
  8.14  importers, manufacturers, wholesalers and retailers of 
  8.15  intoxicating liquors and to make all reasonable rules to effect 
  8.16  the object of Laws 1985, chapter 305, articles 2 to 11 this 
  8.17  section and chapters 297C and 340A.  The rules shall include 
  8.18  provisions for assuring the purity of intoxicating liquors and 
  8.19  the true statement of its contents and proper labeling thereof 
  8.20  with regard to all forms of sale.  No rule may require the use 
  8.21  of new containers in aging whiskey.  No rule may require 
  8.22  cordials or liqueurs to contain in excess of 2-1/2 percent by 
  8.23  weight of sugar or dextrose or both. 
  8.24     Subd. 4.  [SUBPOENAS.] In all matters relating to official 
  8.25  duties, the commissioner shall have the powers possessed by 
  8.26  courts of law to issue subpoenas and cause them to be served and 
  8.27  enforced.  All public officials, and their respective deputies 
  8.28  and employees, and all individuals, partnerships, firms, 
  8.29  corporations, incorporated and unincorporated associations, and 
  8.30  others who manufacture, transport, or sell intoxicating liquor, 
  8.31  or are connected therewith in any manner, shall at all times 
  8.32  attend and answer under oath the commissioner's lawful 
  8.33  inquiries, produce and exhibit such books, accounts, documents 
  8.34  and property as the commissioner may desire to inspect, and in 
  8.35  all things aid the commissioner in the performance of the 
  8.36  commissioner's duties. 
  9.1      Sec. 10.  Minnesota Statutes 1994, section 299A.31, 
  9.2   subdivision 1, is amended to read: 
  9.3      Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A chemical 
  9.4   abuse and violence prevention council consisting of 19 members 
  9.5   is established.  The commissioners of public safety 
  9.6   transportation, education, health, corrections, and human 
  9.7   services, the director of the office of strategic and long-range 
  9.8   planning, the superintendent of the bureau of criminal 
  9.9   apprehension, and the attorney general shall each appoint one 
  9.10  member from among their employees.  The speaker of the house of 
  9.11  representatives and the subcommittee on committees of the senate 
  9.12  shall each appoint a legislative member.  The governor shall 
  9.13  appoint an additional ten members who shall represent the 
  9.14  demographic and geographic composition of the state and, to the 
  9.15  extent possible, shall represent the following:  public health; 
  9.16  education including preschool, elementary, and higher education; 
  9.17  social services; financial aid services; chemical dependency 
  9.18  treatment; law enforcement; prosecution; defense; the judiciary; 
  9.19  corrections; treatment research professionals; drug abuse 
  9.20  prevention professionals; the business sector; religious 
  9.21  leaders; representatives of racial and ethnic minority 
  9.22  communities; and other community representatives.  The members 
  9.23  shall designate one of the governor's appointees as chair of the 
  9.24  council.  Compensation and removal of members are governed by 
  9.25  section 15.059.  
  9.26     Sec. 11.  Minnesota Statutes 1994, section 299A.331, 
  9.27  subdivision 1, is amended to read: 
  9.28     Subdivision 1.  [MEMBERSHIP.] The advisory council on drug 
  9.29  abuse resistance education consists of: 
  9.30     (1) the attorney general who shall serve as chair; 
  9.31     (2) the commissioner of public safety superintendent of the 
  9.32  bureau of criminal apprehension; 
  9.33     (3) the commissioner of education; 
  9.34     (4) three representatives of law enforcement appointed by 
  9.35  the commissioner of public safety governor; 
  9.36     (5) three representatives of education appointed by the 
 10.1   commissioner of education; 
 10.2      (6) a representative of the DARE officers association 
 10.3   appointed by the peace officer standards and training board from 
 10.4   among recommendations of the association; and 
 10.5      (7) seven citizens appointed by the attorney general. 
 10.6      Sec. 12.  Minnesota Statutes 1994, section 299A.38, 
 10.7   subdivision 1, is amended to read: 
 10.8      Subdivision 1.  [DEFINITIONS.] As used in this section: 
 10.9      (a) "Commissioner" means the commissioner of public safety. 
 10.10     (b) "Peace officer" means a person who is licensed under 
 10.11  section 626.84, subdivision 1, paragraph (c). 
 10.12     (b) "Superintendent" means the superintendent of the bureau 
 10.13  of criminal apprehension. 
 10.14     (c) "Vest" means bullet-resistant soft body armor that is 
 10.15  flexible, concealable, and custom fitted to the peace officer to 
 10.16  provide ballistic and trauma protection. 
 10.17     Sec. 13.  Minnesota Statutes 1994, section 299C.01, is 
 10.18  amended to read: 
 10.19     299C.01 [CRIMINAL BUREAU OF CRIMINAL APPREHENSION.] 
 10.20     Subdivision 1.  [POWERS TRANSFERRED TO COMMISSIONER 
 10.21  SUPERINTENDENT.] All the powers and duties now formally vested 
 10.22  in or imposed upon the commissioner of public safety before the 
 10.23  effective date of this article, relating to the bureau of 
 10.24  criminal apprehension or the superintendent of the bureau of 
 10.25  criminal apprehension as prescribed by chapter 626, or any other 
 10.26  law, are hereby transferred to, vested in, and imposed upon 
 10.27  the commissioner of public safety superintendent of the bureau 
 10.28  of criminal apprehension.  The bureau of criminal apprehension 
 10.29  and the office of the superintendent of the bureau of criminal 
 10.30  apprehension as heretofore constituted as a division of the 
 10.31  department of public safety are abolished and the bureau is 
 10.32  created as an independent agency in the executive branch of 
 10.33  state government. 
 10.34     Subd. 2.  [DIVISION OF DEPARTMENT OF PUBLIC SAFETY.] A 
 10.35  division in the department of public safety to be known as The 
 10.36  bureau of criminal apprehension is hereby created, under the 
 11.1   supervision and control of the superintendent of criminal 
 11.2   apprehension, who shall be appointed by the commissioner 
 11.3   governor, with the advice and consent of the senate, and serve 
 11.4   at the commissioner's pleasure in the unclassified service of 
 11.5   the state civil service, to whom a term coterminous with the 
 11.6   term of the governor under whom appointed.  The position of 
 11.7   deputy superintendent, or similar position, is not authorized.  
 11.8   Except when contrary to this subdivision, the provisions of 
 11.9   section 15.06 apply to the position of superintendent of the 
 11.10  bureau of criminal apprehension.  The superintendent shall be 
 11.11  assigned the duties and responsibilities described in 
 11.12  this section chapter.  
 11.13     Subd. 4.  [DUTIES GENERALLY.] The division of the bureau of 
 11.14  criminal apprehension shall perform such functions and duties as 
 11.15  relate to statewide and nationwide crime information systems as 
 11.16  the commissioner superintendent may direct.  
 11.17     Sec. 14.  Minnesota Statutes 1994, section 299C.03, is 
 11.18  amended to read: 
 11.19     299C.03 [SUPERINTENDENT; RULES.] 
 11.20     The superintendent, with the approval of the commissioner 
 11.21  of public safety, from time to time, shall make such rules and 
 11.22  adopt such measures as the superintendent deems necessary, 
 11.23  within the provisions and limitations of sections 299C.03 to 
 11.24  299C.08, 299C.10, 299C.11, 299C.17, 299C.18, and 299C.21, to 
 11.25  secure the efficient operation of the bureau.  The bureau shall 
 11.26  cooperate with the respective sheriffs, constables, marshals, 
 11.27  police, and other peace officers of the state in the detection 
 11.28  of crime and the apprehension of criminals throughout the state, 
 11.29  and shall have the power to conduct such investigations as the 
 11.30  superintendent, with the approval of the commissioner of public 
 11.31  safety, may deem necessary to secure evidence which may be 
 11.32  essential to the apprehension and conviction of alleged 
 11.33  violators of the criminal laws of the state.  The various 
 11.34  members of the bureau shall have and may exercise throughout the 
 11.35  state the same powers of arrest possessed by a sheriff, but they 
 11.36  shall not be employed to render police service in connection 
 12.1   with strikes and other industrial disputes.  
 12.2      Sec. 15.  Minnesota Statutes 1994, section 299C.06, is 
 12.3   amended to read: 
 12.4      299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 
 12.5   COOPERATE.] 
 12.6      It shall be the duty of all sheriffs, chiefs of police, 
 12.7   city marshals, constables, prison wardens, superintendents of 
 12.8   insane hospitals, reformatories and correctional schools, 
 12.9   probation and parole officers, school attendance officers, 
 12.10  coroners, county attorneys, court clerks, the commissioner of 
 12.11  public safety, the commissioner of transportation, and the state 
 12.12  fire marshal to furnish to the division statistics and 
 12.13  information regarding the number of crimes reported and 
 12.14  discovered, arrests made, complaints, informations, and 
 12.15  indictments, filed and the disposition made of same, pleas, 
 12.16  convictions, acquittals, probations granted or denied, receipts, 
 12.17  transfers, and discharges to and from prisons, reformatories, 
 12.18  correctional schools, and other institutions, paroles granted 
 12.19  and revoked, commutation of sentences and pardons granted and 
 12.20  rescinded, and all other data useful in determining the cause 
 12.21  and amount of crime in this state and to form a basis for the 
 12.22  study of crime, police methods, court procedure, and penal 
 12.23  problems. Such statistics and information shall be furnished 
 12.24  upon the request of the division and upon such forms as may be 
 12.25  prescribed and furnished by it.  The division shall have the 
 12.26  power to inspect and prescribe the form and substance of the 
 12.27  records kept by those officials from which the information is so 
 12.28  furnished. 
 12.29     Sec. 16.  Minnesota Statutes 1994, section 299C.13, is 
 12.30  amended to read: 
 12.31     299C.13 [INFORMATION FURNISHED TO PEACE OFFICERS.] 
 12.32     Upon receipt of information data as to any arrested person, 
 12.33  the bureau shall immediately ascertain whether the person 
 12.34  arrested has a criminal record or is a fugitive from justice, 
 12.35  and shall at once inform the arresting officer of the facts 
 12.36  ascertained.  Upon application by any sheriff, chief of police, 
 13.1   or other peace officer in the state, or by an officer of the 
 13.2   United States or by an officer of another state, territory, or 
 13.3   government duly authorized to receive the same and effecting 
 13.4   reciprocal interchange of similar information with the division 
 13.5   bureau, it shall be the duty of the bureau to furnish all 
 13.6   information in its possession pertaining to the identification 
 13.7   of any person.  If the bureau has a sealed record on the 
 13.8   arrested person, it shall notify the requesting peace officer of 
 13.9   that fact and of the right to seek a court order to open the 
 13.10  record for purposes of law enforcement.  
 13.11     Sec. 17.  Minnesota Statutes 1994, section 299C.50, is 
 13.12  amended to read: 
 13.13     299C.50 [TRANSFER OF FUNCTIONS.] 
 13.14     The commissioner of public safety superintendent of the 
 13.15  bureau of criminal apprehension shall perform all duties in 
 13.16  respect to the state's criminal justice information system which 
 13.17  were transferred from the commissioner of finance and the 
 13.18  governor's commission on crime prevention and control by 
 13.19  executive order of the governor; provided, that a transfer shall 
 13.20  not occur if the state is informed by a federal agency that the 
 13.21  transfer will result in the loss of federal moneys to which the 
 13.22  state would otherwise be entitled pursuant to the Omnibus Crime 
 13.23  Control and Safe Streets Act of 1968, Public Law Number 90-351, 
 13.24  as amended by the Juvenile Justice and Delinquency Prevention 
 13.25  Act of 1974, Public Law Number 93-415, and the Crime Control Act 
 13.26  of 1976, Public Law Number 94-503. 
 13.27     Sec. 18.  Minnesota Statutes 1994, section 340A.201, is 
 13.28  amended to read: 
 13.29     340A.201 [LIQUOR CONTROL AUTHORITY.] 
 13.30     Effective July 1, 1995, the commissioner of public safety 
 13.31  commerce is the successor to the commissioner of liquor control 
 13.32  public safety with respect to the powers and duties related to 
 13.33  liquor regulation vested in the latter as of February 6, 1976, 
 13.34  except for those powers and duties transferred to the 
 13.35  commissioner of revenue June 30, 1995.  Any proceeding, court 
 13.36  action, prosecution, or other business undertaken or commenced 
 14.1   as of February 6, 1976 June 30, 1995, by the commissioner 
 14.2   of liquor control public safety is assigned to and may be 
 14.3   completed by the commissioners of public safety and revenue as 
 14.4   appropriate and may be completed by them superintendent of the 
 14.5   bureau of criminal apprehension. 
 14.6      Sec. 19.  Minnesota Statutes 1994, section 352B.01, 
 14.7   subdivision 2, is amended to read: 
 14.8      Subd. 2.  [MEMBER.] "Member" means: 
 14.9      (a) persons referred to and employed after June 30, 1943, 
 14.10  under Laws 1929, chapter 355, as amended or supplemented, 
 14.11  currently employed by the state, whose salaries or compensation 
 14.12  is paid out of state funds; 
 14.13     (b) a conservation officer employed under section 97A.201, 
 14.14  currently employed by the state, whose salary or compensation is 
 14.15  paid out of state funds; 
 14.16     (c) a crime bureau officer who was employed by the crime 
 14.17  bureau and was a member of the highway patrolmen's retirement 
 14.18  fund on July 1, 1978, whether or not that person has the power 
 14.19  of arrest by warrant after that date, or who is employed as 
 14.20  police personnel, with powers of arrest by warrant under section 
 14.21  299C.04, and who is currently employed by the state, and whose 
 14.22  salary or compensation is paid out of state funds; 
 14.23     (d) a person who is employed by the state in the department 
 14.24  of public safety or a successor state agency in a data 
 14.25  processing management position with salary or compensation paid 
 14.26  from state funds, who was a crime bureau officer covered by the 
 14.27  state patrol retirement plan on August 15, 1987, and who was 
 14.28  initially hired in the data processing management position 
 14.29  within the department during September 1987, or January 1988, 
 14.30  with membership continuing for the duration of the person's 
 14.31  employment in that position, whether or not the person has the 
 14.32  power of arrest by warrant after August 15, 1987; and 
 14.33     (e) public safety employees of the bureau of criminal 
 14.34  apprehension defined as peace officers in section 626.84, 
 14.35  subdivision 1, paragraph (c), and employed with the division of 
 14.36  gambling enforcement under section 299L.01.  
 15.1      Sec. 20.  Minnesota Statutes 1994, section 360.0753, 
 15.2   subdivision 6, is amended to read: 
 15.3      Subd. 6.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] Only a 
 15.4   physician, medical technician, physician's trained mobile 
 15.5   intensive care paramedic, registered nurse, medical 
 15.6   technologist, or laboratory assistant acting at the request of a 
 15.7   peace officer may withdraw blood for the purpose of determining 
 15.8   the presence of alcohol or controlled substance.  This 
 15.9   limitation does not apply to the taking of a breath or urine 
 15.10  sample.  The person tested has the right to have someone of the 
 15.11  person's own choosing administer a chemical test or tests in 
 15.12  addition to any administered at the direction of a peace 
 15.13  officer; provided, that the additional test sample on behalf of 
 15.14  the person is obtained at the place where the person is in 
 15.15  custody, after the test administered at the direction of a peace 
 15.16  officer, and at no expense to the state.  The failure or 
 15.17  inability to obtain an additional test or tests by a person 
 15.18  shall not preclude the admission in evidence of the test taken 
 15.19  at the direction of a peace officer unless the additional test 
 15.20  was prevented or denied by the peace officer.  The physician, 
 15.21  medical technician, physician's trained mobile intensive care 
 15.22  paramedic, medical technologist, laboratory assistant, or 
 15.23  registered nurse drawing blood at the request of a peace officer 
 15.24  for the purpose of determining alcohol concentration shall in no 
 15.25  manner be liable in any civil or criminal action except for 
 15.26  negligence in drawing the blood.  The person administering a 
 15.27  breath test shall be fully trained in the administration of 
 15.28  breath tests pursuant to training given by the commissioner of 
 15.29  public safety or the commissioner of transportation or the 
 15.30  superintendent of the bureau of criminal apprehension.  
 15.31     Sec. 21.  Minnesota Statutes 1994, section 611A.20, 
 15.32  subdivision 2, is amended to read: 
 15.33     Subd. 2.  [CONTENTS OF NOTICE.] The commissioners of public 
 15.34  safety and commissioner of corrections, in consultation with 
 15.35  sexual assault victim advocates and health care professionals, 
 15.36  shall develop the notice required by subdivision 1.  The notice 
 16.1   must inform the victim of: 
 16.2      (1) the risk of contracting sexually transmitted diseases 
 16.3   as a result of a sexual assault; 
 16.4      (2) the symptoms of sexually transmitted diseases; 
 16.5      (3) recommendations for periodic testing for the diseases, 
 16.6   where appropriate; 
 16.7      (4) locations where confidential testing is done and the 
 16.8   extent of the confidentiality provided; 
 16.9      (5) information necessary to make an informed decision 
 16.10  whether to request a test of the offender under section 611A.19; 
 16.11  and 
 16.12     (6) other medically relevant information. 
 16.13     Sec. 22.  Minnesota Statutes 1994, section 624.7151, is 
 16.14  amended to read: 
 16.15     624.7151 [STANDARDIZED FORMS.] 
 16.16     By December 1, 1992, the commissioner of public safety The 
 16.17  superintendent of the bureau of criminal apprehension shall 
 16.18  adopt statewide standards governing the form and contents, as 
 16.19  required by sections 624.7131 to 624.714, of every application 
 16.20  for a pistol transferee permit, pistol transferee permit, report 
 16.21  of transfer of a pistol, application for a permit to carry a 
 16.22  pistol, and permit to carry a pistol that is granted or renewed 
 16.23  on or after January 1, 1993.  The adoption of these standards is 
 16.24  not subject to the rulemaking provisions of chapter 14. 
 16.25     Every application for a pistol transferee permit, pistol 
 16.26  transferee permit, report of transfer of a pistol, application 
 16.27  for a permit to carry a pistol, and permit to carry a pistol 
 16.28  that is received, granted, or renewed by a police chief or 
 16.29  county sheriff on or after January 1, 1993, must meet the 
 16.30  statewide standards adopted by the commissioner of public safety 
 16.31  superintendent.  Notwithstanding the previous sentence, neither 
 16.32  failure of the department of public safety to adopt standards 
 16.33  nor failure of the police chief or county sheriff to meet them 
 16.34  shall delay the timely processing of applications nor invalidate 
 16.35  permits issued on other forms meeting the requirements of 
 16.36  sections 624.7131 to 624.714. 
 17.1      Sec. 23.  Minnesota Statutes 1994, section 626.5531, 
 17.2   subdivision 2, is amended to read: 
 17.3      Subd. 2.  [USE OF INFORMATION COLLECTED.] The head of a 
 17.4   local law enforcement agency or state law enforcement department 
 17.5   that employs peace officers licensed under section 626.843 must 
 17.6   file a monthly report describing crimes reported under this 
 17.7   section with the department of public safety, bureau of criminal 
 17.8   apprehension.  The commissioner of public safety superintendent 
 17.9   of the bureau of criminal apprehension must summarize and 
 17.10  analyze the information received and file an annual report with 
 17.11  the department of human rights and the legislature.  The 
 17.12  commissioner superintendent may include information in the 
 17.13  annual report concerning any additional criminal activity 
 17.14  motivated by bias that is not covered by this section. 
 17.15     Sec. 24.  Minnesota Statutes 1994, section 626.562, 
 17.16  subdivision 1, is amended to read: 
 17.17     Subdivision 1.  [ESTABLISHMENT OF TELEPHONE LINE.] The 
 17.18  commissioner of public safety human services shall contract for 
 17.19  at least one statewide toll-free 24-hour telephone line for the 
 17.20  purpose of providing consultative and training services for 
 17.21  physicians, therapists, child protection workers, and other 
 17.22  professionals involved in child protection.  Services provided 
 17.23  must include emergency and longer term consultation on 
 17.24  individual child protection cases. 
 17.25     Sec. 25.  Minnesota Statutes 1994, section 634.16, is 
 17.26  amended to read: 
 17.27     634.16 [ADMISSION INTO EVIDENCE OF RESULTS OF INFRARED 
 17.28  BREATH-TESTS.] 
 17.29     In any civil or criminal hearing or trial, the results of 
 17.30  an infrared breath-test, when performed by a person who has been 
 17.31  fully trained in the use of an infrared breath-testing 
 17.32  instrument, as defined in section 169.01, subdivision 68, 
 17.33  pursuant to training given or approved by the commissioner of 
 17.34  public safety superintendent of the bureau of criminal 
 17.35  apprehension or the commissioner's superintendent's acting 
 17.36  agent, are admissible in evidence without antecedent expert 
 18.1   testimony that an infrared breath-testing instrument provides a 
 18.2   trustworthy and reliable measure of the alcohol in the breath. 
 18.3      Sec. 26.  [WORKER PARTICIPATION.] 
 18.4      Subdivision 1.  [RESTRUCTURING PROVISIONS.] The 
 18.5   restructuring of agencies required by sections 1 to 26 shall be 
 18.6   conducted under Minnesota Statutes, section 43A.045.  
 18.7      Subd. 2.  [WORKER PARTICIPATION COMMITTEES.] (a) Before the 
 18.8   restructuring of executive branch agencies under sections 1 to 
 18.9   26, a committee including representatives of employees and 
 18.10  employers within each affected agency must be established and be 
 18.11  given adequate time to perform the functions prescribed by 
 18.12  paragraph (b).  Each exclusive representative of employees shall 
 18.13  select a committee member from each of its bargaining units in 
 18.14  each affected agency.  The head of each agency shall select an 
 18.15  employee member from each unit of employees not represented by 
 18.16  an exclusive representative.  The agency head shall also appoint 
 18.17  one or more committee members to represent the agency.  The 
 18.18  number of members appointed by the agency head, however, may not 
 18.19  exceed the total number of members representing bargaining units.
 18.20     (b) A committee established under paragraph (a) shall:  
 18.21     (1) identify tasks related to agency reorganization and 
 18.22  adopt plans for addressing those tasks; 
 18.23     (2) identify other employer and employee issues related to 
 18.24  reorganization and adopt plans for addressing those issues; 
 18.25     (3) adopt plans for implementing this article, including 
 18.26  detailed plans for providing retraining for affected employees; 
 18.27  and 
 18.28     (4) guide the implementation of the reorganization. 
 18.29     Sec. 27.  [INSTRUCTION TO REVISOR.] 
 18.30     (a) In Minnesota Statutes 1995 Supplement, the revisor of 
 18.31  statutes shall change the terms "commissioner of public safety" 
 18.32  (or "commissioner" when referring to the commissioner of public 
 18.33  safety), "department of public safety" (or "department" when 
 18.34  referring to the department of public safety), or similar terms 
 18.35  to "superintendent of the bureau of criminal apprehension" (or 
 18.36  "superintendent" when referring to the superintendent of the 
 19.1   bureau of criminal apprehension), "bureau of criminal 
 19.2   apprehension" (or "bureau" when referring to the bureau of 
 19.3   criminal apprehension), or similar terms, as appropriate and 
 19.4   consistent with sections 1 to 26, where they appear in Minnesota 
 19.5   Statutes 1994, sections 123.75; 123.751; 169.123, subdivision 3; 
 19.6   176.192; 243.166; 270.062; 299A.38; 299C.065; 299C.17; 299C.23; 
 19.7   299C.46; 299C.48; 299C.49; 299C.52; 299C.53; 299C.54; 299C.55; 
 19.8   477A.0121; 611A.0311; 611A.07; 624.7131; 624.714; 624.7161; 
 19.9   626.553; 626.5532; and 634.15.  
 19.10     (b) The revisor of statutes shall make similar conforming 
 19.11  corrections to Minnesota Rules.  
 19.12     Sec. 28.  [EFFECTIVE DATE.] 
 19.13     Except for section 1, subdivision 2, sections 1 to 26 are 
 19.14  effective July 1, 1995.