SF 1323

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; appropriating money for
public safety, corrections, various boards, and the
courts; making the fee to access public criminal
history data on the Internet Web site of the Bureau of
Criminal Apprehension permanent; establishing a Gang
and Drug Oversight Council; specifying the council's
duties and membership; providing for grants; requiring
fire safety inspections of various lodging facilities;
transferring responsibility for youth intervention
program; amending Minnesota Statutes 2004, sections
13.87, subdivision 3; 171.20, subdivision 4; 171.26;
299F.391, subdivision 1; 299F.46, subdivisions 1, 3;
357.021, subdivisions 6, 7; 609.119; proposing coding
for new law in Minnesota Statutes, chapter 299A;
repealing Minnesota Statutes 2004, sections 299A.64;
299A.65; 299A.66.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin PUBLIC SAFETY APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2006" and "2007," where used in this act, mean that the
appropriation or appropriations listed under them are available
for the year ending June 30, 2006, or June 30, 2007,
respectively. The term "first year" means the fiscal year
ending June 30, 2006, and the term "second year" means the
fiscal year ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

General $ 822,484,000 $ 845,589,000 $1,668,073,000

State Government
Special Revenue 44,745,000 35,432,000 80,177,000

Environmental Fund 49,000 49,000 98,000

Special Revenue
Fund 5,423,000 5,422,000 10,845,000

Trunk Highway 361,000 361,000 722,000

TOTAL $ 873,062,000 $ 886,853,000 $1,759,915,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2.

SUPREME COURT 37,218,000 37,218,000

Sec. 3.

COURT OF APPEALS 8,189,000 8,189,000

Sec. 4.

TRIAL COURTS 230,712,000 234,342,000

Sec. 5.

TAX COURT 726,000 726,000

Sec. 6.

UNIFORM LAWS COMMISSION 39,000 39,000

Sec. 7.

BOARD ON JUDICIAL STANDARDS 252,000 252,000

Sec. 8.

BOARD OF PUBLIC DEFENSE 59,403,000 63,251,000

Sec. 9. PUBLIC SAFETY

Subdivision 1.

Total
Appropriation $ 123,356,000 $ 114,030,000

Summary by Fund

General 77,611,000 77,599,000

Special Revenue 590,000 589,000

State Government
Special Revenue 44,745,000 35,432,000

Environmental 49,000 49,000

Trunk Highway 361,000 361,000

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Emergency
Management 2,594,000 2,594,000

Summary by Fund

General 2,545,000 2,545,000

Environmental 49,000 49,000

[NONPROFIT AND FAITH-BASED
ORGANIZATIONS; ANTITERRORISM GRANTS.]
Notwithstanding any law to the
contrary, nonprofit and faith-based
organizations may apply for and receive
any funds or grants, whether federal or
state, made available for antiterrorism
efforts that are not distributed or
encumbered for distribution to public
safety entities within a year of
receipt by the Department of Public
Safety. These organizations must be
considered under the same criteria
applicable to any other eligible entity
and must be given equal consideration.

Subd. 3.

Criminal
Apprehension 40,455,000 40,460,000

Summary by Fund

General 39,647,000 39,653,000

Special Revenue 440,000 439,000

State Government
Special Revenue 7,000 7,000

Trunk Highway 361,000 361,000

[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $94,000 the first year and
$93,000 the second year are
appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for grants to
local officials for the cooperative
investigation of cross-jurisdictional
criminal activity. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.

[LABORATORY ACTIVITIES.] $346,000 the
first year and $346,000 the second year
are appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for laboratory
activities.

[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $361,000
the first year and $361,000 the second
year are appropriated from the trunk
highway fund for laboratory analysis
related to driving-while-impaired cases.

[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and
$2,318,000 the second year are to
replace the automated fingerprint
identification system (AFIS).

[PREDATORY OFFENDER REGISTRATION
SYSTEM.] $1,146,000 the first year and
$564,000 the second year are to upgrade
the predatory offender registration
(POR) system and to increase the
monitoring and tracking of registered
offenders who become noncompliant with
the law.

[CRIMINAL JUSTICE INFORMATION SYSTEMS
(CJIS) AUDIT TRAIL.] $374,000 the first
year and $203,000 the second year are
for the Criminal Justice Information
Systems (CJIS) audit trail.

[DNA ANALYSIS OF FELON OFFENDERS.]
$659,000 the first year and $670,000
the second year are to fund the
analyses of biological samples from
felon offenders.

[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the
ongoing costs of Livescan.

[METHAMPHETAMINE.] $1,000,000 the first
year and $1,000,000 the second year are
to fund ten new special agent positions
for methamphetamine drug enforcement
activities. $40,000 the first year is
onetime funding for a methamphetamine
awareness program.

Subd. 4.

Fire Marshal 2,445,000 2,432,000

Subd. 5.

Alcohol and
Gambling Enforcement 1,772,000 1,772,000

Summary by Fund

General 1,622,000 1,622,000

Special Revenue 150,000 150,000

Subd. 6.

Office of
Justice Programs 31,352,000 31,347,000

[GANG STRIKE FORCE.] $2,650,000 the
first year and $2,650,000 the second
year are for grants to the Criminal
Gang Strike Force.

[CRIME VICTIM ASSISTANCE GRANTS
INCREASE.] $532,000 each year is to
increase the amount of funding for
crime victim assistance grants. This
funding is to ensure that no one
judicial district receives greater than
a 12 percent overall reduction in state
general funding to serve crime victims
in fiscal years 2006 and 2007 versus
the 2004 allocation.

[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant program.

Subd. 7.

911 Emergency
Services/ARMER 44,738,000 35,425,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

Of the receipts from the emergency
telecommunications service fee under
Minnesota Statutes, section 403.11,
above 50 cents per month in fiscal year
2006, up to $6,505,000 of the
appropriation in the first year is for
prior year obligations to telephone
utility companies. The remainder of
the receipts from the emergency
telecommunications service fee under
Minnesota Statutes, section 403.11,
above 50 cents per month in the first
year are for costs associated with the
Shared Public Safety Radio System and
are available until June 30, 2007.

Sec. 10. PEACE OFFICER
STANDARDS AND TRAINING BOARD (POST) 3,943,000 3,943,000

This appropriation is from the peace
officer training account in the special
revenue fund. Any new receipts
credited to that account in the first
year in excess of $3,943,000 must be
transferred and credited to the general
fund. Any new receipts credited to
that account in the second year in
excess of $3,943,000 must be
transferred and credited to the general
fund.

$2,909,000 the first year and
$2,909,000 the second year are for
reimbursements to local governments for
peace officer training costs.

Sec. 11.

PRIVATE DETECTIVE BOARD 126,000 126,000

Sec. 12.

HUMAN RIGHTS 3,490,000 3,490,000

Sec. 13. DEPARTMENT OF CORRECTIONS

Subdivision 1.

Total
Appropriation 405,172,000 420,811,000

Summary by Fund

General Fund 404,282,000 419,921,000

Special Revenue 890,000 890,000

The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Correctional
Institutions 289,090,000 304,578,000

Summary by Fund

General Fund 288,510,000 303,998,000

Special Revenue 580,000 580,000

[CONTRACTS FOR BEDS AT RUSH CITY.] If
the commissioner contracts with other
states, local units of government, or
the federal government to rent beds in
the Rush City Correctional Facility,
the commissioner shall charge a per
diem under the contract, to the extent
possible, that is equal to or greater
than the per diem cost of housing
Minnesota inmates in the facility.

Subd. 3.

Operations Support 15,558,000 15,558,000

Summary by Fund

General Fund 15,348,000 15,348,000

Special Revenue 210,000 210,000

Subd. 4.

Community Services 100,524,000 100,675,000

Summary by Fund

General Fund 100,424,000 100,575,000

Special Revenue 100,000 100,000

Sec. 14.

SENTENCING GUIDELINES 436,000 436,000

ARTICLE 2

PUBLIC SAFETY LAW CHANGES

Section 1.

Minnesota Statutes 2004, section 13.87,
subdivision 3, is amended to read:

Subd. 3.

Internet access.

(a) The Bureau of Criminal
Apprehension shall establish and maintain an Internet Web site
containing public criminal history data by July 1, 2004.

(b) Notwithstanding section 13.03, subdivision 3, paragraph
(a), the bureau may charge a fee for Internet access to public
criminal history data deleted text begin provided through August 1, 2005. The fee
may not exceed deleted text end new text begin of new text end $5 per deleted text begin inquiry or the amount needed to recoup
the actual cost of implementing and providing Internet access,
whichever is less. Fees collected must be deposited in the
general fund as a nondedicated receipt deleted text end new text begin name searched. The
superintendent of the Bureau of Criminal Apprehension shall
collect the fee and the receipts shall be directed to the
noncriminal background account in the special revenue fund new text end .

(c) The Web site must include a notice to the subject of
data of the right to contest the accuracy or completeness of
data, as provided under section 13.04, subdivision 4, and
provide a telephone number and address that the subject may
contact for further information on this process.

(d) The Web site must include the effective date of data
that is posted.

(e) The Web site must include a description of the types of
criminal history data not available on the site, including
arrest data, juvenile data, criminal history data from other
states, federal data, data on convictions where 15 years have
elapsed since discharge of the sentence, and other data that are
not accessible to the public.

(f) A person who intends to access the Web site to obtain
information regarding an applicant for employment, housing, or
credit must disclose to the applicant the intention to do so.
The Web site must include a notice that a person obtaining such
access must notify the applicant when a background check using
this Web site has been conducted.

(g) This subdivision does not create a civil cause of
action on behalf of the data subject.

deleted text begin (h) This subdivision expires July 31, 2007.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 171.20,
subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, deleted text begin subdivision deleted text end new text begin subdivisions new text end 2 new text begin and
3 new text end ; 171.18 deleted text begin , except subdivision 1, clause (10) deleted text end ; or 171.182, or who
has been disqualified from holding a commercial driver's license
under section 171.165, and (2) a person whose driver's license
has been suspended under section 171.186 and who is not exempt
from such a fee, must pay a fee of $20.

(b) Before the license is reinstated, a person whose
license has been suspended under sections 169.791 to 169.798
must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.

(d) new text begin Reinstatement fees collected under paragraph (a) for
suspensions under sections 171.16, subdivision 3, and 171.18,
subdivision 1, clause (10), shall be deposited in the special
revenue fund and are appropriated to the Peace Officer Standards
and Training Board for peace officer training reimbursement to
local units of government.
new text end

new text begin (e) new text end A suspension may be rescinded without fee for good
cause.

Sec. 3.

Minnesota Statutes 2004, section 171.26, is
amended to read:

171.26 MONEY CREDITED TO FUNDS.

All money received under this chapter must be paid into the
state treasury and credited to the trunk highway fund, except as
provided in sections 171.06, subdivision 2a; 171.07, subdivision
11, paragraph (g); 171.12, subdivision 8; new text begin 171.20, subdivision 4,
paragraph (d); new text end and 171.29, subdivision 2, paragraph (b).

Sec. 4.

new text begin [299A.641] GANG AND DRUG OVERSIGHT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight council established. new text end

new text begin The Gang
and Drug Oversight Council is established to provide guidance
related to the investigation and prosecution of gang and drug
crime.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The oversight council shall consist
of the following individuals or their designees:
new text end

new text begin (1) the director of the office of special investigations,
as the representative of the commissioner of corrections;
new text end

new text begin (2) the superintendent of the Bureau of Criminal
Apprehension as the representative of the commissioner of public
safety;
new text end

new text begin (3) the attorney general;
new text end

new text begin (4) eight chiefs of police, selected by the Minnesota
Chiefs of Police Association, two of which must be selected from
cities with populations greater than 200,000;
new text end

new text begin (5) eight sheriffs, selected by the Minnesota Sheriffs
Association to represent each district, two sheriffs from
counties with populations greater than 500,000;
new text end

new text begin (6) the United States attorney for the district of
Minnesota;
new text end

new text begin (7) two county attorneys, selected by the Minnesota County
Attorneys Association;
new text end

new text begin (8) a command-level representative of a gang strike force;
new text end

new text begin (9) a representative from a drug task force, selected by
the Minnesota State Association of Narcotics Investigators;
new text end

new text begin (10) a representative from the United States Drug
Enforcement Administration;
new text end

new text begin (11) a representative from the United States Bureau of
Alcohol, Tobacco, and Firearms;
new text end

new text begin (12) a representative from the Federal Bureau of
Investigation;
new text end

new text begin (13) a tribal peace officer, selected by the Minnesota
Tribal Law Enforcement Association; and
new text end

new text begin (14) two additional members who may be selected by the
oversight council.
new text end

new text begin The oversight council may adopt procedures to govern its conduct
as necessary and may select a chair from among its members.
new text end

new text begin Subd. 3. new text end [OVERSIGHT COUNCIL'S DUTIES.] new text begin The oversight
council shall develop an overall strategy to ameliorate the harm
caused to the public by gang and drug crime within the state of
Minnesota. This strategy may include the development of
protocols and procedures to investigate gang and drug crime and
a structure for best addressing these issues in a
multijurisdictional manner. Additionally, the oversight council
shall:
new text end

new text begin (1) identify and recommend a candidate or candidates for
statewide coordinator to the commissioner of public safety;
new text end

new text begin (2) establish multijurisdictional task forces and strike
forces to combat gang and drug crime, to include a metro gang
strike force;
new text end

new text begin (3) assist the Department of Public Safety in developing an
objective grant review application process that is free from
conflicts of interests;
new text end

new text begin (4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat gang and
drug crime;
new text end

new text begin (5) assist in developing a process to collect and share
information to improve the investigation and prosecution of drug
offenses;
new text end

new text begin (6) develop and approve an operational budget for the
office of the statewide coordinator and the oversight council;
and
new text end

new text begin (7) adopt the criteria specified in section 299C.091 for
use in determining whether individuals are or may be members of
gangs involved in criminal activity.
new text end

new text begin Subd. 4. new text end

new text begin Statewide coordinator. new text end

new text begin The current gang strike
force commander shall serve as a transition coordinator until
July 1, 2006, at which time the commissioner of public safety
shall appoint a statewide coordinator as recommended by the
oversight council. The coordinator serving in the unclassified
service shall:
new text end

new text begin (1) coordinate and monitor all multijurisdictional gang and
drug enforcement activities;
new text end

new text begin (2) facilitate local efforts and ensure statewide
coordination with efforts to combat gang and drug crime;
new text end

new text begin (3) facilitate training for personnel;
new text end

new text begin (4) monitor compliance with investigative protocols; and
new text end

new text begin (5) implement an outcome evaluation and data quality
control process.
new text end

new text begin Subd. 5. new text end

new text begin Participating officers; employment status. new text end

new text begin All
participating law enforcement officers must be licensed peace
officers as defined by section 626.84, subdivision 1, or
qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same
entity that employed them before joining any multijurisdictional
entity established under this section. Participating officers
are not employees of the state.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction and powers. new text end

new text begin Law enforcement
officers participating in any multijurisdictional entity
established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff.
new text end

new text begin Subd. 7. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public
safety, upon recommendation of the council, may make grants to
state and local units of government to combat gang and drug
crime.
new text end

new text begin Subd. 8. new text end

new text begin Oversight council is permanent. new text end

new text begin Notwithstanding
section 15.059, this section does not expire.
new text end

new text begin Subd. 9. new text end

new text begin Funding. new text end

new text begin Participating agencies may accept
lawful grants or contributions from any federal source or legal
business or entity.
new text end

new text begin Subd. 10. new text end

new text begin Role of the attorney general. new text end

new text begin The attorney
general or a designee shall generally advise on any matters that
the oversight council deems appropriate.
new text end

new text begin Subd. 11. new text end

new text begin Attorney general; community liaison. new text end

new text begin (a) The
attorney general or a designee shall serve as a liaison between
the oversight council and the councils created in sections
3.922, 3.9223, 3.9225, and 3.9226. The attorney general or
designee will be responsible for:
new text end

new text begin (1) informing the councils of the plans, activities, and
decisions and hearing their reactions to those plans,
activities, and decisions; and
new text end

new text begin (2) providing the oversight council with the council's
position on the oversight council's plan, activities, and
decisions.
new text end

new text begin (b) In no event is the oversight council required to
disclose the names of individuals identified by it to the
councils referenced in this subdivision.
new text end

new text begin (c) Nothing in this subdivision changes the data
classification of any data held by the oversight council.
new text end

new text begin Subd. 12. new text end

new text begin Required report. new text end

new text begin By February 1 of each year,
the council shall report to the chairs of the senate and house
of representatives committees and divisions having jurisdiction
over criminal justice policy and funding on the activities of
the council and any strike or task forces. This annual report
shall include:
new text end

new text begin (1) a description of the council's goals for the previous
year and for the coming year;
new text end

new text begin (2) a description of the outcomes the council achieved or
did not achieve during the preceding year and a description of
the outcomes the council will seek to achieve during the coming
year; and
new text end

new text begin (3) any legislative recommendations the council has
including, where necessary, a description of the specific
legislation needed to implement the recommendations.
new text end

Sec. 5.

Minnesota Statutes 2004, section 299F.391,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of this section
the following definitions shall apply:

(a) deleted text begin "Lodging house" means any building or portion thereof
containing not more than five guest rooms which are used or
intended to be used for sleeping purposes by guests and where
rent is paid in money, goods, labor or otherwise deleted text end new text begin "Dormitory"
means all or a portion of a building containing one or more
rooms for group sleeping or closely associated rooms used for
sleeping new text end .

(b) "Hospital" has the meaning given it in section 144.50.

(c) "Hotel" means deleted text begin any building or portion thereof
containing six or more guest rooms intended or designed to be
used, or which are deleted text end new text begin a hotel, motel, resort, boarding house, bed
and breakfast, furnished apartment house, or other building that
is kept, new text end used, deleted text begin rented, hired out to be occupied, or which are
occupied for deleted text end new text begin advertised, or held out to the public as a place
where new text end sleeping deleted text begin purposes by deleted text end new text begin or housekeeping accommodations are
supplied for pay to new text end guests deleted text begin , and which is required to be licensed
pursuant to chapter 157 deleted text end new text begin for transient occupancy new text end .

(d) "Nursing home" has the meaning given it in section
144A.01.

deleted text begin (e) "School" means any public or private school or
educational institution.
deleted text end

Sec. 6.

Minnesota Statutes 2004, section 299F.46,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin hotel deleted text end inspection new text begin of hotels and other
lodging facilities new text end .

(a) deleted text begin It shall be the duty of deleted text end The
commissioner of public safety deleted text begin to deleted text end new text begin shall new text end inspect deleted text begin , deleted text end or deleted text begin cause to
be deleted text end new text begin have new text end inspected deleted text begin , deleted text end at least once every three years deleted text begin , deleted text end every hotel
deleted text begin in this state; deleted text end and deleted text begin , deleted text end new text begin other lodging facility with five or more
guest rooms; dormitories; youth or family camps; and juvenile
group home buildings. new text end For that purpose, the commissioner deleted text begin , or
the commissioner's deputies or designated alternates or agents,
shall have the right to deleted text end new text begin may new text end enter or deleted text begin have deleted text end access deleted text begin thereto
deleted text end new text begin lodging facility buildings new text end at any reasonable hour deleted text begin ; and, when,
upon such inspection, it shall be found that the hotel so
inspected does not conform to or is not being operated in
accordance with the provisions of sections 157.011 and 157.15 to
157.22, in so far as the same relate to fire prevention or fire
protection of hotels, or the rules promulgated thereunder, or is
being deleted text end new text begin . These buildings must be new text end maintained or operated in deleted text begin such
manner as to violate the Minnesota deleted text end new text begin accordance with the new text end State
Fire Code promulgated pursuant to section 299F.011 or any other
law of this state relating to fire prevention and fire
protection deleted text begin of hotels, the commissioner and the deputies or
designated alternates or agents shall report such a situation to
the hotel inspector who shall proceed as provided for in chapter
157 deleted text end .

(b) The deleted text begin word deleted text end new text begin words new text end "hotel" deleted text begin , deleted text end new text begin and "dormitory," new text end as used in
this deleted text begin subdivision, has deleted text end new text begin section, have new text end the deleted text begin meaning deleted text end new text begin meanings new text end given
in section 299F.391.

Sec. 7.

Minnesota Statutes 2004, section 299F.46,
subdivision 3, is amended to read:

Subd. 3.

Inspection fees new text begin ; hotels and dormitories new text end .

(a)
For each hotel new text begin or dormitory with 35 or more rooms and new text end required
to have a fire inspection according to subdivision 1, the
commissioner of public safety may charge deleted text begin each hotel deleted text end a triennial
inspection fee of $435 and a per-room charge of deleted text begin $5 for one to 18
units, $6 for 19 to 35 units, $7 for 36 to 100 units, deleted text end new text begin $7 for 35
to 99 units new text end and $8 for 100 or more units new text begin , or a per bed charge of
50 cents for beds in a group sleeping area new text end . deleted text begin The fee includes
one follow-up inspection. The commissioner shall charge each
resort a triennial inspection fee of $435 and a per room charge
of $5 for one to ten units, $6 for 11 to 25 units, and $7 for 26
or more units. deleted text end new text begin These fees include one follow-up inspection.
new text end

The commissioner shall charge a fee of $225 for each additional
follow-up inspection for deleted text begin hotels and resorts deleted text end new text begin these buildings new text end ,
conducted in each three-year cycle that is necessary to bring
the deleted text begin hotel or resort deleted text end new text begin building new text end into compliance with the State Fire
Code.

(b) new text begin For each hotel or dormitory with fewer than 35 rooms
and required to have a fire inspection according to subdivision
1, the commissioner of public safety may charge a triennial
inspection fee of $217.50 and a per-room charge of $3 for a
hotel or dormitory, and a per-cabin charge of $2.50, or a
per-bed charge of 50 cents per bed in group sleeping areas.
These fees include one follow-up inspection. The commissioner
shall charge a fee of $112.50 for each additional follow-up
inspection for these buildings, conducted in each three-year
cycle that is necessary to bring the building into compliance
with the State Fire Code.
new text end

new text begin (c) new text end Nothing in this subdivision prevents the
designated new text begin local government new text end agent new text begin , as defined in subdivision 2,
new text end from continuing to charge an new text begin established new text end inspection fee or from
establishing a new inspection fee.

deleted text begin (c) Hotels and motels with fewer than 35 rooms and resorts
classified as 1c under section 273.13 are exempt from the fee
requirements of this subdivision.
deleted text end

Sec. 8.

Minnesota Statutes 2004, section 357.021,
subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) The court shall impose and the court administrator shall
collect a deleted text begin $60 deleted text end new text begin $70 new text end surcharge on every person convicted of any
felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, other than a violation of a law or ordinance relating
to vehicle parking, for which there shall be a $3 surcharge. In
the Second Judicial District, the court shall impose, and the
court administrator shall collect, an additional $1 surcharge on
every person convicted of any felony, gross misdemeanor, or
petty misdemeanor offense, other than a violation of a law or
ordinance relating to vehicle parking, if the Ramsey County
Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed.

(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the surcharge, collect the surcharge and correct
the record.

(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.

(d) The court administrator or other entity collecting a
surcharge shall forward it to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the commissioner of finance.

Sec. 9.

Minnesota Statutes 2004, section 357.021,
subdivision 7, is amended to read:

Subd. 7.

Disbursement of surcharges by commissioner of
finance.

(a) Except as provided in paragraphs (b), (c), and
(d), the commissioner of finance shall disburse surcharges
received under subdivision 6 and section 97A.065, subdivision 2,
as follows:

(1) one percent shall be credited to the game and fish fund
to provide peace officer training for employees of the
Department of Natural Resources who are licensed under sections
626.84 to 626.863, and who possess peace officer authority for
the purpose of enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers
training account in the special revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph
(a), the commissioner of finance shall credit deleted text begin $32 deleted text end new text begin $42 new text end of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the $3 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes
imposition of the additional $1 surcharge provided for in
subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall withhold $1 from each surcharge
collected under subdivision 6. The court administrator must use
the withheld funds solely to fund the petty misdemeanor
diversion program administered by the Ramsey County Violations
Bureau. The court administrator must transfer any unencumbered
portion of the funds received under this subdivision to the
commissioner of finance for distribution according to paragraphs
(a) to (c).

Sec. 10.

Minnesota Statutes 2004, section 609.119, is
amended to read:

609.119 ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
DNA TESTING.

(a) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The court shall
order an offender to provide a biological specimen for the
purpose of future DNA analysis as described in section 299C.155
when:

(1) the court sentences a person charged with committing or
attempting to commit a felony offense not described in section
609.117, subdivision 1, and the person is convicted of that
offense or of any felony offense arising out of the same set of
circumstances; or

(2) the juvenile court adjudicates a person a delinquent
child who is petitioned for committing or attempting to commit a
felony offense not described in section 609.117, subdivision 1,
and is adjudicated delinquent for that offense or any
felony-level offense arising out of the same set of
circumstances.

The biological specimen shall be maintained by the Bureau of
Criminal Apprehension as provided in section 299C.155.

(b) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The commissioner
of corrections or local corrections authority shall order a
person to provide a biological specimen for the purpose of
future DNA analysis as described in section 299C.155 before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis, and the person:

(1) was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1, and was convicted of that offense or of any
felony offense arising out of the same set of circumstances; or

(2) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of
committing or attempting to commit a felony offense not
described in section 609.117, subdivision 1, or of any felony
offense arising out of the same set of circumstances if the
person was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1.

The commissioner of corrections or local corrections authority
shall forward the sample to the Bureau of Criminal Apprehension.

(c) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16 or 243.1605, the acceptance
is conditional on the offender providing a biological specimen
for the purposes of future DNA analysis as described in section
299C.155, if the offender was initially charged with committing
or attempting to commit a felony offense not described in
section 609.117, subdivision 1, and was convicted of that
offense or of any felony offense arising out of the same set of
circumstances. The specimen must be provided under supervision
of staff from the Department of Corrections or a Community
Corrections Act county within 15 business days after the
offender reports to the supervising agent. The cost of
obtaining the biological specimen is the responsibility of the
agency providing supervision.

Sec. 11. new text begin TRANSFER OF RESPONSIBILITIES.
new text end

new text begin The responsibility of the Department of Employment and
Economic Development for the youth intervention program is
transferred to the Department of Public Safety.
new text end

Sec. 12. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes,
section 116L.30 as section 299A.73. The revisor shall also make
necessary cross-reference changes consistent with the
renumbering.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 299A.64, 299A.65, and
299A.66, are repealed.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 13 are effective July 1, 2005.
new text end