SF 2563

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

  1.1                          A bill for an act 
  1.2             relating to terrorism; data practices; enacting the 
  1.3             Minnesota Anti-Terrorism Act of 2002; establishing 
  1.4             crimes and setting penalties for crimes involving 
  1.5             weapons of mass destruction, explosives, and hoaxes 
  1.6             relating to such crimes; interception of 
  1.7             communications; establishing hazardous materials 
  1.8             driver's endorsement regulations; establishing a 
  1.9             biological agents registry; authorizing rulemaking; 
  1.10            providing for a civil penalty; providing criminal 
  1.11            penalties; classifying certain data related to 
  1.12            terrorism; prescribing penalties; authorizing the 
  1.13            issuance of state bonds; appropriating money; amending 
  1.14            Minnesota Statutes 2000, sections 13.37, subdivision 
  1.15            1; 13.381, by adding a subdivision; 13D.05, 
  1.16            subdivision 3; 171.07, subdivision 4; 171.27; 473.898, 
  1.17            subdivision 3; 609.035, subdivision 1; 609.505; 
  1.18            609.506, subdivisions 1, 3; 609.605, by adding a 
  1.19            subdivision; 609.668, subdivision 6; 609.713, 
  1.20            subdivisions 1, 2; 624.712, subdivision 5; 626A.01, 
  1.21            subdivisions 3, 16; 626A.05, subdivision 2; 626A.06, 
  1.22            subdivisions 11, 12; 626A.27; 626A.28; 631.40, by 
  1.23            adding a subdivision; Minnesota Statutes 2001 
  1.24            Supplement, sections 403.11, subdivision 1; 473.901, 
  1.25            subdivision 1; proposing coding for new law in 
  1.26            Minnesota Statutes, chapters 135A; 144; 171; 609. 
  1.27  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.28     Section 1.  [MINNESOTA ANTI-TERRORISM ACT OF 2002; 
  1.29  PURPOSE.] 
  1.30     Subdivision 1.  [SHORT TITLE.] This section may be cited as 
  1.31  the "Minnesota Anti-Terrorism Act of 2002." 
  1.32     Subd. 2.  [PURPOSE.] The acts of terrorism that struck the 
  1.33  United States of America on September 11, 2001, cannot be 
  1.34  tolerated in a civilized society.  While federal statutes deal 
  1.35  with terrorist acts, we need Minnesota state laws to complement 
  1.36  federal laws and to ensure that terrorists who commit atrocities 
  2.1   in our state are brought to justice and receive maximum 
  2.2   punishment to match their dastardly crimes.  Minnesota must send 
  2.3   a message to those who would commit terrorist acts which kill, 
  2.4   maim, and seriously injury our citizens, that our law 
  2.5   enforcement officials have the tools to investigate and 
  2.6   apprehend terrorists and that our laws will allow a punishment 
  2.7   that fits the seriousness of their crimes.  Equally important is 
  2.8   that Minnesota's laws are enforced fairly and protect the 
  2.9   freedoms of all ethnic, religious, and racial groups.  This 
  2.10  legislation is intended to deter and punish terrorist acts in 
  2.11  Minnesota and to enhance law enforcement's ability to train and 
  2.12  prepare for, as well as to investigate and respond to, acts of 
  2.13  terrorism, thereby providing public safety for all Minnesotans. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 13.37, 
  2.15  subdivision 1, is amended to read: 
  2.16     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.17  following terms have the meanings given them. 
  2.18     (a) "Security information" means government data the 
  2.19  disclosure of which would be likely to substantially jeopardize 
  2.20  the security of information, possessions, individuals or 
  2.21  property against terrorism, theft, tampering, improper use, 
  2.22  attempted escape, illegal disclosure, trespass, or physical 
  2.23  injury.  "Security information" includes crime prevention block 
  2.24  maps and lists of volunteers who participate in community crime 
  2.25  prevention programs and their home addresses and telephone 
  2.26  numbers. 
  2.27     (b) "Trade secret information" means government data, 
  2.28  including a formula, pattern, compilation, program, device, 
  2.29  method, technique or process (1) that was supplied by the 
  2.30  affected individual or organization, (2) that is the subject of 
  2.31  efforts by the individual or organization that are reasonable 
  2.32  under the circumstances to maintain its secrecy, and (3) that 
  2.33  derives independent economic value, actual or potential, from 
  2.34  not being generally known to, and not being readily 
  2.35  ascertainable by proper means by, other persons who can obtain 
  2.36  economic value from its disclosure or use. 
  3.1      (c) "Labor relations information" means management 
  3.2   positions on economic and noneconomic items that have not been 
  3.3   presented during the collective bargaining process or interest 
  3.4   arbitration, including information specifically collected or 
  3.5   created to prepare the management position. 
  3.6      (d) "Parking space leasing data" means the following 
  3.7   government data on an applicant for, or lessee of, a parking 
  3.8   space:  residence address, home telephone number, beginning and 
  3.9   ending work hours, place of employment, work telephone number, 
  3.10  and location of the parking space. 
  3.11     (e) "Internal competitive proposal" means a proposal to 
  3.12  provide government services that is prepared by the staff of a 
  3.13  political subdivision in competition with proposals solicited by 
  3.14  the political subdivision from the private sector. 
  3.15     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.16     Sec. 3.  Minnesota Statutes 2000, section 13.381, is 
  3.17  amended by adding a subdivision to read: 
  3.18     Subd. 3a.  [BIOLOGICAL AGENTS REGISTRY.] Data collected or 
  3.19  maintained by the commissioner of health in the biological 
  3.20  agents registry are classified under section 144.1208, 
  3.21  subdivision 4.  The release of such data is governed by section 
  3.22  144.1208, subdivision 4. 
  3.23     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.24     Sec. 4.  Minnesota Statutes 2000, section 13D.05, 
  3.25  subdivision 3, is amended to read: 
  3.26     Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
  3.27  may close a meeting to evaluate the performance of an individual 
  3.28  who is subject to its authority.  The public body shall identify 
  3.29  the individual to be evaluated prior to closing a meeting.  At 
  3.30  its next open meeting, the public body shall summarize its 
  3.31  conclusions regarding the evaluation.  A meeting must be open at 
  3.32  the request of the individual who is the subject of the meeting. 
  3.33     (b) Meetings may be closed if the closure is expressly 
  3.34  authorized by statute or permitted by the attorney-client 
  3.35  privilege.  
  3.36     (c) Meetings may be closed to receive security briefings 
  4.1   and reports and to discuss issues related to security systems, 
  4.2   emergency response procedures and security deficiencies in 
  4.3   public infrastructure and facilities.  Financial aspects related 
  4.4   to security matters and all related financial decisions must be 
  4.5   discussed at an open meeting. 
  4.6      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  4.7      Sec. 5.  [135A.145] [FOREIGN STUDENT MONITORING; STATE 
  4.8   REPORTING.] 
  4.9      Subdivision 1.  [DEFINITIONS.] For this section, the 
  4.10  following terms have the meanings given them. 
  4.11     (a) "Foreign student" means any alien who has the status or 
  4.12  is applying for the status of nonimmigrants described in 
  4.13  subparagraphs (F), (J), and (M) of the United States Immigration 
  4.14  and Nationality Act under United States Code, title 8, section 
  4.15  1101(a)(15), as amended through December 31, 2001. 
  4.16     (b) "Institution" means any of the following public or 
  4.17  private post-secondary institutions with an enrollment during 
  4.18  any term in the current or preceding year, including the 
  4.19  following: 
  4.20     (1) the University of Minnesota; 
  4.21     (2) the Minnesota colleges and universities; 
  4.22     (3) private four-year, professional, and graduate 
  4.23  institutions; 
  4.24     (4) private two-year institutions; 
  4.25     (5) private career schools under chapter 141; 
  4.26     (6) schools registered under sections 136A.62 to 136A.63; 
  4.27  and 
  4.28     (7) schools exempt from registration under section 136A.657.
  4.29     (c) "Term" means a semester, quarter, or any other period 
  4.30  of enrollment as defined by the institution. 
  4.31     Subd. 2.  [REPORTING.] Each post-secondary institution must 
  4.32  submit a report to the Minnesota attorney general, within 30 
  4.33  days following the enrollment period at the end of each term, on 
  4.34  the status of each foreign student enrolled in the institution.  
  4.35  The report must include: 
  4.36     (1) the student's full name; 
  5.1      (2) the student's address in the student's country of 
  5.2   origin; 
  5.3      (3) the student's current address in the United States; 
  5.4      (4) the start date of the student's studies at the 
  5.5   institution; 
  5.6      (5) the academic status of the student including course of 
  5.7   study, degree program, and full or part-time status; and 
  5.8      (6) date when the term ends. 
  5.9      The institutions must report in a manner prescribed by the 
  5.10  attorney general. 
  5.11     Subd. 3.  [NOTIFICATION OF ENROLLMENT CHANGE.] Each 
  5.12  institution must immediately inform the attorney general: 
  5.13     (1) when any foreign student included in a report under 
  5.14  subdivision 2 fails to enroll at the institution, withdraws from 
  5.15  the institution, or violates the terms of the student's visa; 
  5.16     (2) when a foreign student who has been issued a visa to 
  5.17  enroll in the institution fails to enroll; and 
  5.18     (3) when a foreign student who has been enrolled in the 
  5.19  institution graduates or completes the course of study. 
  5.20     Notification required under this subdivision must be made 
  5.21  to the attorney general within 30 days of the reportable event.  
  5.22  The attorney general must notify the immigration and 
  5.23  naturalization service if the attorney general receives notice 
  5.24  pursuant to clause (1) or (2). 
  5.25     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  5.26     Sec. 6.  [144.1208] [BIOLOGICAL AGENTS REGISTRY.] 
  5.27     Subdivision 1.  [REGISTRY ESTABLISHED.] The commissioner of 
  5.28  health shall establish a registry of all individuals and 
  5.29  entities, including state agencies, in this state that possess 
  5.30  or maintain a biological agent required to be reported under 
  5.31  this section.  The biological agents registry must list the 
  5.32  biological agents possessed or maintained by individuals and 
  5.33  entities in this state and the purposes for which each 
  5.34  biological agent is used and must contain other information as 
  5.35  required by the commissioner in rule. 
  5.36     Subd. 2.  [DEFINITION.] For purposes of this section, 
  6.1   "biological agent" means: 
  6.2      (1) a select agent that is a virus, bacterium, rickettsia, 
  6.3   fungus, or toxin listed in Code of Federal Regulations, title 
  6.4   42, part 72, appendix A; 
  6.5      (2) a genetically modified microorganism or genetic element 
  6.6   from an organism listed in Code of Federal Regulations, title 
  6.7   42, part 72, appendix A, shown to produce or encode for a factor 
  6.8   associated with a disease; or 
  6.9      (3) a genetically modified microorganism or genetic element 
  6.10  that contains nucleic acid sequences coding for any of the 
  6.11  toxins listed in Code of Federal Regulations, title 42, part 72, 
  6.12  appendix A, or their toxic subunits. 
  6.13     Subd. 3.  [REGISTRATION REQUIRED.] Any individual or entity 
  6.14  that possesses or maintains a biological agent required to be 
  6.15  reported under this section must register with the 
  6.16  commissioner.  When an individual or entity registers with the 
  6.17  commissioner, the individual or entity must: 
  6.18     (1) list all biological agents possessed or maintained by 
  6.19  the individual or entity; 
  6.20     (2) verify that the individual or entity is adequately 
  6.21  equipped to safely handle all biological agents possessed or 
  6.22  maintained; 
  6.23     (3) describe the uses for which each biological agent is 
  6.24  being possessed or maintained; and 
  6.25     (4) provide other information as required by the 
  6.26  commissioner. 
  6.27     Subd. 4.  [DATA PRACTICES.] (a) All data collected or 
  6.28  maintained by the commissioner in the biological agents registry 
  6.29  are private data on individuals or nonpublic data but may be 
  6.30  released as provided in paragraph (b). 
  6.31     (b) The commissioner may release data collected or 
  6.32  maintained by the commissioner in the biological agents registry:
  6.33     (1) in accordance with rules adopted by the commissioner, 
  6.34  for the purpose of aiding or conducting an epidemiologic 
  6.35  investigation of a communicable disease; 
  6.36     (2) to the United States Centers for Disease Control and 
  7.1   Prevention in any investigation involving the release, theft, or 
  7.2   loss of a biological agent required to be reported under this 
  7.3   section; or 
  7.4      (3) to state and federal law enforcement agencies in any 
  7.5   investigation involving the release, theft, loss, or suspended 
  7.6   or attempted misuse of a biological agent required to be 
  7.7   reported under this section. 
  7.8      Subd. 5.  [COOPERATION.] The commissioner shall cooperate 
  7.9   with the United States Centers for Disease Control and 
  7.10  Prevention and state and federal law enforcement agencies in any 
  7.11  investigation involving the release, theft, or loss of a 
  7.12  biological agent required to be reported under this section. 
  7.13     Subd. 6.  [PENALTY.] The commissioner shall impose a fine 
  7.14  of up to $1,000 on any person who willfully or knowingly 
  7.15  violates any provision of this section.  Each day of a 
  7.16  continuing violation shall constitute a separate offense. 
  7.17     Subd. 7.  [RULEMAKING.] (a) The commissioner shall adopt 
  7.18  rules to implement this section.  The rules adopted must include:
  7.19     (1) a list of the biological agents required to be reported 
  7.20  under this section; 
  7.21     (2) designation of the persons required to report to the 
  7.22  commissioner, the specific information that must be reported, 
  7.23  time frames within which information must be reported, forms of 
  7.24  reports, and to whom reports must be submitted; 
  7.25     (3) procedures for releasing data maintained in the 
  7.26  registry to state and federal law enforcement agencies, the 
  7.27  United States Centers for Disease Control and Prevention, and 
  7.28  other entities, as authorized under subdivision 4; 
  7.29     (4) a reporting process to be used by individuals and 
  7.30  entities who possess and maintain a biological agent if 
  7.31  unauthorized individuals or entities gain access or attempt to 
  7.32  gain access to a biological agent and to whom such reports must 
  7.33  be made; and 
  7.34     (5) a system requiring individuals and entities who possess 
  7.35  or maintain a biological agent to comply with the safety 
  7.36  standards that apply to facilities that transfer or receive a 
  8.1   select agent in Code of Federal Regulations, title 42, part 72. 
  8.2      (b) If the commissioner deems it necessary to protect the 
  8.3   public health, safety, and welfare, the commissioner may adopt 
  8.4   rules to implement this section using the authority in section 
  8.5   14.388, clause (1). 
  8.6      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  8.7      Sec. 7.  Minnesota Statutes 2000, section 171.07, 
  8.8   subdivision 4, is amended to read: 
  8.9      Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
  8.10  this subdivision, the expiration date of Minnesota 
  8.11  identification cards of applicants under the age of 65 shall be 
  8.12  the birthday of the applicant in the fourth year following the 
  8.13  date of issuance of the card. 
  8.14     (b) Minnesota identification cards issued to applicants age 
  8.15  65 or over shall be valid for the lifetime of the applicant. 
  8.16     (c) The expiration date for an Under-21 identification card 
  8.17  is the card holder's 21st birthday.  The commissioner shall 
  8.18  issue an identification card to a holder of an Under-21 
  8.19  identification card who applies for the card, pays the required 
  8.20  fee, and presents proof of identity and age, unless the 
  8.21  commissioner determines that the applicant is not qualified for 
  8.22  the identification card.  
  8.23     (d) Notwithstanding paragraph (a) or (b), the expiration 
  8.24  date for an identification card issued to a person who is 
  8.25  lawfully in the United States as a result of a document issued 
  8.26  by the United States Immigration and Naturalization Service or 
  8.27  successor agency that authorizes the person to remain in the 
  8.28  United States until a specified date is the date on which that 
  8.29  authorization expires, the date on which that authorization is 
  8.30  terminated, or four years after the date of issuance of the 
  8.31  identification card, whichever occurs first.  In the case of an 
  8.32  under-21 identification card issued to a person described in 
  8.33  this paragraph, the expiration date is the cardholder's 21st 
  8.34  birthday or the date on which the person's authorization to 
  8.35  remain in the United States expires or is terminated, whichever 
  8.36  occurs first.  An identification card issued with an expiration 
  9.1   date that is the date on which the cardholder's authorization to 
  9.2   remain in the United States expires must be clearly marked 
  9.3   "Temporary." 
  9.4      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  9.5      Sec. 8.  Minnesota Statutes 2000, section 171.27, is 
  9.6   amended to read: 
  9.7      171.27 [EXPIRATION OF LICENSE.] 
  9.8      Subdivision 1.  [GENERALLY.] Except as otherwise provided 
  9.9   in this section, the expiration date for each driver's license, 
  9.10  other than under-21 licenses, is the birthday of the driver in 
  9.11  the fourth year following the date of issuance of the license.  
  9.12  The birthday of the driver shall be as indicated on the 
  9.13  application for a driver's license.  A license may be renewed on 
  9.14  or before expiration or within one year after expiration upon 
  9.15  application, payment of the required fee, and passing the 
  9.16  examination required of all drivers for renewal.  Driving 
  9.17  privileges shall be extended or renewed on or preceding the 
  9.18  expiration date of an existing driver's license unless the 
  9.19  commissioner believes that the licensee is no longer qualified 
  9.20  as a driver.  
  9.21     Subd. 2.  [UNDER-21 LICENSE.] The expiration date for each 
  9.22  under-21 license shall be the 21st birthday of the licensee.  
  9.23  Upon the licensee attaining the age of 21 and upon the 
  9.24  application, payment of the required fee, and passing the 
  9.25  examination required of all drivers for renewal, a driver's 
  9.26  license shall be issued unless the commissioner determines that 
  9.27  the licensee is no longer qualified as a driver. 
  9.28     Subd. 3.  [PROVISIONAL LICENSE.] The expiration date for 
  9.29  each provisional license is two years after the date of 
  9.30  application for the provisional license.  
  9.31     Subd. 4.  [LICENSES ISSUED TO PERSONS IN UNITED STATES ON 
  9.32  TEMPORARY AUTHORITY.] Notwithstanding subdivisions 1 to 3, the 
  9.33  expiration date for a driver's license issued to a person who is 
  9.34  lawfully in the United States as a result of a document issued 
  9.35  by the United States Immigration and Naturalization Service or 
  9.36  successor agency that authorizes the person to remain in the 
 10.1   United States until a specified date is the date on which that 
 10.2   authorization expires, the date on which that authorization is 
 10.3   terminated, or four years after the date of issuance of the 
 10.4   license, whichever occurs first.  In the case of an under-21 
 10.5   license issued to a person described in this subdivision, the 
 10.6   expiration date is the cardholder's 21st birthday or the date on 
 10.7   which the person's authorization to remain in the United States 
 10.8   expires or is terminated, whichever occurs first.  In the case 
 10.9   of a provisional license issued to a person described in this 
 10.10  subdivision, the expiration date is the date on which the 
 10.11  person's authorization to remain in the United States expires or 
 10.12  is terminated, or two years after the date of application for 
 10.13  the provisional license, whichever occurs first.  A license 
 10.14  issued with an expiration date that is the date on which the 
 10.15  licensee's authorization to remain in the United States expires 
 10.16  must be clearly marked "Temporary." 
 10.17     Subd. 5.  [LICENSES TO PERSONS ON ACTIVE DUTY.] Any valid 
 10.18  Minnesota driver's license issued to a person then or 
 10.19  subsequently on active duty with the Armed Forces of the United 
 10.20  States, or the person's spouse, shall continue in full force and 
 10.21  effect without requirement for renewal until 90 days after the 
 10.22  date of the person's discharge from such service, provided that 
 10.23  a spouse's license must be renewed if the spouse is residing 
 10.24  within the state at the time the license expires or within 90 
 10.25  days after the spouse returns to Minnesota and resides within 
 10.26  the state. 
 10.27     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 10.28     Sec. 9.  [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIALS 
 10.29  DRIVER.] 
 10.30     Subdivision 1.  [ENDORSEMENT.] No person shall drive a 
 10.31  vehicle transporting hazardous materials without having a valid 
 10.32  class D driver's license with a hazardous materials endorsement 
 10.33  except as provided in section 171.02, subdivision 2a. 
 10.34     Subd. 2.  [RULES.] The commissioner of public safety shall 
 10.35  prescribe rules governing the qualifications of hazardous 
 10.36  materials drivers and tests required to obtain a hazardous 
 11.1   materials endorsement.  If the commissioner deems it necessary 
 11.2   to protect public safety, the commissioner may adopt rules 
 11.3   pursuant to section 14.388, clause (1), in order to implement 
 11.4   this section. 
 11.5      Subd. 3.  [RECORDS CHECK OF APPLICANT.] (a) Before issuing 
 11.6   or renewing a hazardous materials endorsement, the commissioner 
 11.7   shall conduct a criminal and driver's license records check of 
 11.8   the applicant.  The commissioner may also conduct the check at 
 11.9   any time while a person is so licensed.  The check must consist 
 11.10  of a criminal records check of the Minnesota criminal justice 
 11.11  information system and a check of the driver's license records 
 11.12  system.  If the applicant has resided in Minnesota for less than 
 11.13  ten years, the check must also include a criminal records check 
 11.14  of information from the state law enforcement agencies in the 
 11.15  states where the person resided during the ten years before 
 11.16  moving to Minnesota, and of the national criminal records 
 11.17  repository including the criminal justice data communications 
 11.18  network.  The applicant's failure to cooperate with the 
 11.19  commissioner in conducting the records check is reasonable cause 
 11.20  to deny an application or cancel a hazardous materials 
 11.21  endorsement.  The commissioner may not release the results of 
 11.22  the records check to any person except the applicant or the 
 11.23  applicant's designee in writing, unless there is evidence the 
 11.24  applicant intended to use the endorsement in the commission of a 
 11.25  crime. 
 11.26     (b) The commissioner may issue to an otherwise qualified 
 11.27  applicant a temporary hazardous materials endorsement, effective 
 11.28  for no more than 180 days, upon presentation of: 
 11.29     (1) an affidavit by the applicant that the applicant has 
 11.30  not been convicted of a disqualifying offense; and 
 11.31     (2) a criminal history check from each state of residence 
 11.32  for the previous ten years.  
 11.33  The criminal history check may be conducted and prepared by any 
 11.34  public or private source acceptable to the commissioner.  The 
 11.35  commissioner may reissue the temporary endorsement if the 
 11.36  national criminal records repository check is timely submitted 
 12.1   but not completed within the 180-day period. 
 12.2      Subd. 4.  [LICENSE VERIFICATION.] An employer or contractor 
 12.3   shall annually verify the validity of the driver's license of 
 12.4   each person who transports hazardous materials for the employer 
 12.5   or contractor with the National Drivers Register or with the 
 12.6   department of public safety. 
 12.7      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 12.8      Sec. 10.  [171.325] [CANCELING HAZARDOUS MATERIALS 
 12.9   ENDORSEMENT FOR CERTAIN OFFENSES.] 
 12.10     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 12.11  the following terms have the meanings given them. 
 12.12     (b) "Hazardous materials driver" means a person possessing 
 12.13  a hazardous materials driver's endorsement on a valid Minnesota 
 12.14  driver's license. 
 12.15     (c) "Disqualifying offense" includes: 
 12.16     (1) any felony offense; 
 12.17     (2) an act that, if done in Minnesota, would be terrorism; 
 12.18  misuse of explosives or incendiary devices; criminal sexual 
 12.19  conduct; assault; theft; larceny; burglary; robbery; unlawful 
 12.20  entry; extortion; defamation; buying or receiving stolen 
 12.21  property; using, possessing, manufacturing, or carrying weapons 
 12.22  unlawfully; using, possessing, or carrying burglary tools 
 12.23  unlawfully; escape; possession, production, sale, or 
 12.24  distribution of narcotics unlawfully; 
 12.25     (3) an act in any other country that, if done in Minnesota, 
 12.26  would be a felony or would be any of the other offenses provided 
 12.27  in this paragraph and for which a full pardon or similar relief 
 12.28  has not been granted. 
 12.29     Subd. 2.  [CANCELLATION FOR DISQUALIFYING AND OTHER 
 12.30  OFFENSES.] Within ten days of receiving notice under section 
 12.31  631.40, subdivision 1c, or otherwise receiving notice for a 
 12.32  nonresident driver, that a hazardous materials driver has been 
 12.33  convicted of a disqualifying offense, the commissioner shall 
 12.34  permanently cancel the hazardous materials driver's endorsement 
 12.35  on the offender's driver's license and in the case of a 
 12.36  nonresident, the driver's privilege to transport hazardous 
 13.1   materials in Minnesota.  If a hazardous materials driver's 
 13.2   endorsement or privilege to transport hazardous materials in 
 13.3   Minnesota has been permanently canceled, the commissioner shall 
 13.4   not grant reinstatement.  Within ten days of receiving notice 
 13.5   under section 631.40, subdivision 1c, or otherwise receiving 
 13.6   notice for a nonresident driver, that a hazardous materials 
 13.7   driver has been convicted of a violation of section 169A.20, or 
 13.8   a similar statute or ordinance from another state, and within 
 13.9   ten days of revoking a hazardous materials driver's license 
 13.10  under section 169A.52, the commissioner shall cancel the 
 13.11  hazardous materials driver's endorsement on the offender's 
 13.12  driver's license or the nonresident's privilege to transport 
 13.13  hazardous materials in Minnesota for five years.  After five 
 13.14  years the hazardous materials driver may apply to the 
 13.15  commissioner for reinstatement.  Even after five years, 
 13.16  cancellation of a hazardous materials driver's endorsement or a 
 13.17  nonresident's privilege to transport hazardous materials in 
 13.18  Minnesota for a violation under section 169A.20, sections 
 13.19  169A.50 to 169A.53, or a similar statute or ordinance from 
 13.20  another state, shall remain in effect until the driver provides 
 13.21  proof of successful completion of an alcohol or controlled 
 13.22  substance treatment program.  For a first offense, proof of 
 13.23  completion is required only if treatment was ordered as part of 
 13.24  a chemical use assessment.  Within ten days of receiving notice 
 13.25  under section 631.40, subdivision 1c, or otherwise receiving 
 13.26  notice for a nonresident driver, that a hazardous materials 
 13.27  driver has been convicted of a fourth moving violation in the 
 13.28  last three years, the commissioner shall cancel the hazardous 
 13.29  materials driver's endorsement on the offender's driver's 
 13.30  license or the nonresident's privilege to transport hazardous 
 13.31  materials in Minnesota until one year has elapsed since the last 
 13.32  conviction.  A hazardous materials driver who has no new 
 13.33  convictions after one year may apply for reinstatement.  Upon 
 13.34  canceling the offender's hazardous materials endorsement, the 
 13.35  commissioner shall immediately notify the licensed offender of 
 13.36  the cancellation, in writing, by depositing in a United States 
 14.1   post office a notice addressed to the licensed offender at the 
 14.2   licensed offender's last known address, with postage prepaid. 
 14.3      Subd. 3.  [BACKGROUND CHECK.] (a) Before issuing or 
 14.4   renewing a driver's license with a hazardous materials driver's 
 14.5   endorsement, the commissioner shall conduct an investigation to 
 14.6   determine (1) if the applicant has been convicted of committing 
 14.7   a disqualifying offense, four moving violations in the previous 
 14.8   three years, a violation of section 169A.20 or a similar statute 
 14.9   or ordinance from another state, a gross misdemeanor, or (2) if 
 14.10  the applicant's driver's license has been revoked under section 
 14.11  169A.52.  The commissioner shall not issue a new hazardous 
 14.12  materials driver's endorsement and shall not renew an existing 
 14.13  hazardous materials driver's endorsement if the applicant has 
 14.14  been convicted of committing a disqualifying offense.  
 14.15     (b) The commissioner shall not issue a new hazardous 
 14.16  materials driver's endorsement and shall not renew an existing 
 14.17  hazardous materials endorsement (1) if, within the previous five 
 14.18  years, the applicant has been convicted of committing a 
 14.19  violation of section 169A.20, or a similar statute or ordinance 
 14.20  from another state, or a gross misdemeanor, (2) if the 
 14.21  applicant's driver's license has been revoked under section 
 14.22  169A.52, or (3) if, within the previous three years, the 
 14.23  applicant has been convicted of four moving violations.  
 14.24     (c) An applicant who has been convicted of violating 
 14.25  section 169A.20, or a similar statute or ordinance from another 
 14.26  state, or who has had a license revocation under section 169A.52 
 14.27  within the previous ten years must show proof of successful 
 14.28  completion of an alcohol or controlled substance treatment 
 14.29  program in order to receive a hazardous materials endorsement.  
 14.30  For a first offense, proof of completion is required only if 
 14.31  treatment was ordered as part of a chemical use assessment.  
 14.32     (d) An employer or contractor that employs a nonresident 
 14.33  hazardous materials driver must conduct a background check of 
 14.34  the employee's driving record and criminal history in both 
 14.35  Minnesota and the driver's state of residence.  Convictions for 
 14.36  disqualifying offenses, gross misdemeanors, a fourth moving 
 15.1   violation within the previous three years, or violations of 
 15.2   section 169A.20, or a similar statute or ordinance in another 
 15.3   state, must be reported to the department of public safety. 
 15.4      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 15.5      Sec. 11.  Minnesota Statutes 2001 Supplement, section 
 15.6   403.11, subdivision 1, is amended to read: 
 15.7      Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
 15.8   customer of a telephone company or communications carrier that 
 15.9   provides service capable of originating a 911 emergency 
 15.10  telephone call is assessed a fee to cover the costs of ongoing 
 15.11  maintenance and related improvements for trunking and central 
 15.12  office switching equipment for minimum 911 emergency telephone 
 15.13  service, plus administrative and staffing costs of the 
 15.14  department of administration related to managing the 911 
 15.15  emergency telephone service program.  Recurring charges by a 
 15.16  public utility providing telephone service for updating the 
 15.17  information required by section 403.07, subdivision 3, must be 
 15.18  paid by the commissioner of administration if the utility is 
 15.19  included in an approved 911 plan and the charges have been 
 15.20  certified and approved under subdivision 3.  The commissioner of 
 15.21  administration shall transfer an amount equal to two cents a 
 15.22  month from the fee assessed under this section on cellular and 
 15.23  other nonwire access services to the commissioner of public 
 15.24  safety for the purpose of offsetting the costs, including 
 15.25  administrative and staffing costs, incurred by the state patrol 
 15.26  division of the department of public safety in handling 911 
 15.27  emergency calls made from cellular phones.  Money remaining in 
 15.28  the 911 emergency telephone service account after all other 
 15.29  obligations are paid must not cancel and is carried forward to 
 15.30  subsequent years and may be appropriated from time to time to 
 15.31  the commissioner of administration to provide financial 
 15.32  assistance to counties for the improvement of local emergency 
 15.33  telephone services.  The improvements may include providing 
 15.34  access to minimum 911 service for telephone service subscribers 
 15.35  currently without access and upgrading existing 911 service to 
 15.36  include automatic number identification, local location 
 16.1   identification, automatic location identification, and other 
 16.2   improvements specified in revised county 911 plans approved by 
 16.3   the department. 
 16.4      (b) The fee is 27 46 cents a month for each customer access 
 16.5   line or other basic access service, including trunk equivalents 
 16.6   as designated by the public utilities commission for access 
 16.7   charge purposes and including cellular and other nonwire access 
 16.8   services.  The fee must be the same for all customers.  
 16.9      (c) The fee must be collected by each company or carrier 
 16.10  providing service subject to the fee.  Fees are payable to and 
 16.11  must be submitted to the commissioner of administration monthly 
 16.12  before the 25th of each month following the month of collection, 
 16.13  except that fees may be submitted quarterly if less than $250 a 
 16.14  month is due, or annually if less than $25 a month is due.  
 16.15  Receipts must be deposited in the state treasury and credited to 
 16.16  a 911 emergency telephone service account in the special revenue 
 16.17  fund.  The money in the account may only be used for 911 
 16.18  telephone services as provided in paragraph (a).  
 16.19     (d) This subdivision does not apply to customers of a 
 16.20  telecommunications carrier as defined in section 237.01, 
 16.21  subdivision 6.  
 16.22     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 16.23     Sec. 12.  Minnesota Statutes 2000, section 473.898, 
 16.24  subdivision 3, is amended to read: 
 16.25     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
 16.26  bonds issued pursuant to subdivision 1, exclusive of any 
 16.27  original issue discount, shall not exceed the amount of 
 16.28  $10,000,000 plus the amount the council determines necessary to 
 16.29  pay the costs of issuance, fund reserves, debt service, and pay 
 16.30  for any bond insurance or other credit enhancement. 
 16.31     (b) In addition to the amount authorized under paragraph 
 16.32  (a), the council may issue bonds under subdivision 1 in a 
 16.33  principal amount of $3,306,300, plus the amount the council 
 16.34  determines necessary to pay the cost of issuance, fund reserves, 
 16.35  debt service, and any bond insurance or other credit 
 16.36  enhancement.  The proceeds of bonds issued under this paragraph 
 17.1   may not be used to finance portable or subscriber radio sets.  
 17.2      (c) In addition to the amounts authorized under paragraphs 
 17.3   (a) and (b), the council may issue bonds under subdivision 1 in 
 17.4   a principal amount not to exceed $35,000,000 plus the amount the 
 17.5   council determines necessary to pay the cost of issuance, fund 
 17.6   reserves, debt service, and any bond issuance, or other credit 
 17.7   enhancement.  The proceeds of bonds issued under this paragraph 
 17.8   may be used to refund local units of government for amounts 
 17.9   expended for capital enhancements to the regionwide first phase 
 17.10  system previously financed by the respective local units.  
 17.11     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 17.12     Sec. 13.  Minnesota Statutes 2001 Supplement, section 
 17.13  473.901, subdivision 1, is amended to read: 
 17.14     Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
 17.15  year beginning with the fiscal year commencing July 1, 1997, the 
 17.16  amount necessary to pay the following costs is appropriated to 
 17.17  the commissioner of administration from the 911 emergency 
 17.18  telephone service account established under section 403.11: 
 17.19     (1) debt service costs and reserves for bonds issued 
 17.20  pursuant to section 473.898; 
 17.21     (2) repayment of the right-of-way acquisition loans; 
 17.22     (3) costs of design, construction, maintenance of, and 
 17.23  improvements to those elements of the first phase that support 
 17.24  mutual aid communications and emergency medical services; or 
 17.25     (4) recurring charges for leased sites and equipment for 
 17.26  those elements of the first phase that support mutual aid and 
 17.27  emergency medical communication services. 
 17.28     This appropriation shall be used to pay annual debt service 
 17.29  costs and reserves for bonds issued pursuant to section 473.898 
 17.30  prior to use of fee money to pay other costs eligible under this 
 17.31  subdivision.  In no event shall the appropriation for each 
 17.32  fiscal year exceed an amount equal to four 13 cents a month for 
 17.33  each customer access line or other basic access service, 
 17.34  including trunk equivalents as designated by the public 
 17.35  utilities commission for access charge purposes and including 
 17.36  cellular and other nonwire access services, in the fiscal year.  
 18.1      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 18.2      Sec. 14.  Minnesota Statutes 2000, section 609.035, 
 18.3   subdivision 1, is amended to read: 
 18.4      Subdivision 1.  Except as provided in subdivisions 2, 3, 4, 
 18.5   and 5, and in sections 609.251, 609.585, 609.21, subdivisions 3 
 18.6   and 4, 609.2691, 609.486, 609.494, 609.714, and 609.856, if a 
 18.7   person's conduct constitutes more than one offense under the 
 18.8   laws of this state, the person may be punished for only one of 
 18.9   the offenses and a conviction or acquittal of any one of them is 
 18.10  a bar to prosecution for any other of them.  All the offenses, 
 18.11  if prosecuted, shall be included in one prosecution which shall 
 18.12  be stated in separate counts. 
 18.13     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 18.14  and applies to crimes committed on or after that date. 
 18.15     Sec. 15.  Minnesota Statutes 2000, section 609.505, is 
 18.16  amended to read: 
 18.17     609.505 [FALSELY REPORTING CRIME.] 
 18.18     Whoever informs a law enforcement officer that a crime has 
 18.19  been committed, knowing that it is false and intending that the 
 18.20  officer shall act in reliance upon it, is guilty of a gross 
 18.21  misdemeanor.  A person who is convicted a second or subsequent 
 18.22  time under this section is guilty of a gross misdemeanor may be 
 18.23  sentenced to imprisonment for not more than three years or to 
 18.24  payment of a fine of not more than $10,000, or both. 
 18.25     [EFFECTIVE DATE.] This section is effective August 1, 2002. 
 18.26     Sec. 16.  Minnesota Statutes 2000, section 609.506, 
 18.27  subdivision 1, is amended to read: 
 18.28     Subdivision 1.  [GROSS MISDEMEANOR.] Whoever with intent to 
 18.29  obstruct justice gives a fictitious name other than a nickname, 
 18.30  or gives a false date of birth, or false or fraudulently altered 
 18.31  identification card to a peace officer, as defined in section 
 18.32  626.84, subdivision 1, paragraph (c), when that officer makes 
 18.33  inquiries incident to a lawful investigatory stop or lawful 
 18.34  arrest, or inquiries incident to executing any other duty 
 18.35  imposed by law, is guilty of a gross misdemeanor. 
 18.36     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 19.1   and applies to crimes committed on or after that date. 
 19.2      Sec. 17.  Minnesota Statutes 2000, section 609.506, 
 19.3   subdivision 3, is amended to read: 
 19.4      Subd. 3.  [GROSS MISDEMEANOR.] Whoever in any criminal 
 19.5   proceeding with intent to obstruct justice gives a fictitious 
 19.6   name, other than a nickname, or gives a false date of birth to a 
 19.7   court official is guilty of a gross misdemeanor.  Whoever in any 
 19.8   criminal proceeding with intent to obstruct justice gives the 
 19.9   name and date of birth of another person to a court official is 
 19.10  guilty of a gross misdemeanor.  "Court official" includes a 
 19.11  judge, referee, court administrator, or any employee of the 
 19.12  court. 
 19.13     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 19.14  and applies to crimes committed on or after that date. 
 19.15     Sec. 18.  Minnesota Statutes 2000, section 609.605, is 
 19.16  amended by adding a subdivision to read: 
 19.17     Subd. 5.  [TRESPASS AT PUBLIC WORKS FACILITIES; POWER 
 19.18  PLANTS; AND TELECOMMUNICATIONS FACILITIES.] Whoever knowingly 
 19.19  enters upon the grounds of public works facilities, power 
 19.20  plants, or telecommunications facilities, without authorization, 
 19.21  claim of right, or consent of one who has right to give consent, 
 19.22  is guilty of a gross misdemeanor. 
 19.23     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 19.24  and applies to crimes committed on or after that date. 
 19.25     Sec. 19.  Minnesota Statutes 2000, section 609.668, 
 19.26  subdivision 6, is amended to read: 
 19.27     Subd. 6.  [ACTS PROHIBITED; PENALTIES.] (a) Except as 
 19.28  otherwise provided in this section, whoever possesses, 
 19.29  manufactures, transports, or stores an explosive device or 
 19.30  incendiary device in violation of this section may be sentenced 
 19.31  to imprisonment for not more than ten years or to payment of a 
 19.32  fine of not more than $20,000, or both. 
 19.33     (b) Whoever legally possesses, manufactures, transports, or 
 19.34  stores an explosive device or incendiary device, with intent to 
 19.35  use the device to damage property or cause injury, may be 
 19.36  sentenced to imprisonment for not more than ten years or to 
 20.1   payment of a fine of not more than $20,000, or both. 
 20.2      (c) Whoever, acting with gross disregard for human life or 
 20.3   property, negligently causes an explosive device or incendiary 
 20.4   device to be discharged, may be sentenced to imprisonment for 
 20.5   not more than 20 years or to payment of a fine of not more than 
 20.6   $100,000, or both.  
 20.7      (d) Whoever maliciously places any explosive or incendiary 
 20.8   device in, upon, under, against, or near any building, motor 
 20.9   vehicle, vessel, railroad track, airplane, public utility 
 20.10  transmission system, or structure, with intent to destroy or 
 20.11  injure it without consent or legal authority, or if it in fact 
 20.12  explodes, is guilty of malicious placement of an explosive and 
 20.13  may be sentenced to imprisonment for not more than 20 years or 
 20.14  to payment of a fine of not more than $100,000, or both.  
 20.15     (e) Whoever maliciously places a simulated explosive or 
 20.16  incendiary device in, upon, under, against, or near any 
 20.17  building, car, vessel, railroad track, airplane, public utility 
 20.18  transmission system, or structure, with intent to cause another 
 20.19  person to fear destruction of property or injury, is guilty of 
 20.20  malicious placement of a simulated explosive and may be 
 20.21  sentenced to imprisonment for not more than ten years or to 
 20.22  payment of a fine of not more than $20,000, or both. 
 20.23     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 20.24  and applies to crimes committed on or after that date. 
 20.25     Sec. 20.  [609.712] [WEAPON OF MASS DESTRUCTION; HOAXES.] 
 20.26     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 20.27  the terms in this subdivision have the meanings given to them. 
 20.28     (b) "Weapon of mass destruction" means: 
 20.29     (1) any device or object that is designed or intended to 
 20.30  cause death or serious bodily injury through the release, 
 20.31  dissemination, or impact of toxic or poisonous chemicals, or 
 20.32  their precursors; 
 20.33     (2) any device or object involving a disease organism; or 
 20.34     (3) any device or object that is designed to release 
 20.35  radiation or radioactivity at a level dangerous to human life. 
 20.36     (c) "Hoax weapon of mass destruction" means any device, 
 21.1   substance, or object that by its design, construction, content, 
 21.2   or characteristics, appears to be or to contain, or is 
 21.3   represented to be, constitute, or contain, a weapon of mass 
 21.4   destruction as defined in this section, but which is, in fact, 
 21.5   an inoperative facsimile, imitation, counterfeit, or 
 21.6   representation of a weapon of mass destruction which does not 
 21.7   meet the definition of a weapon of mass destruction or which 
 21.8   does not actually contain or constitute a weapon, biological 
 21.9   agent, toxin, vector, or delivery system prohibited by this 
 21.10  section. 
 21.11     (d) "Biological agent" means any microorganism, virus, 
 21.12  infectious substance, or biological product that may be 
 21.13  engineered through biotechnology, or any naturally occurring or 
 21.14  bioengineered component of any such microorganism, virus, 
 21.15  infectious substance, or biological product, capable of causing: 
 21.16     (1) death, disease, or other biological malfunction in a 
 21.17  human, an animal, a plant, or other living organism; 
 21.18     (2) deterioration of food, water, equipment, supplies, or 
 21.19  material of any kind; or 
 21.20     (3) deleterious alteration of the environment. 
 21.21     (e) "Toxin" means the toxic material of plants, animals, 
 21.22  microorganisms, viruses, fungi, or infectious substances, or a 
 21.23  recombinant molecule, whatever its origin or method of 
 21.24  reproduction, including: 
 21.25     (1) any poisonous substance or biological product that may 
 21.26  be engineered through biotechnology produced by a living 
 21.27  organism; or 
 21.28     (2) any poisonous isomer or biological product, homolog, or 
 21.29  derivative of such substance. 
 21.30     (f) "Delivery system" means: 
 21.31     (1) any apparatus, equipment, device, or means of delivery 
 21.32  specifically designed to deliver or disseminate a biological 
 21.33  agent, toxin, or vector; or 
 21.34     (2) any vector. 
 21.35     (g) "Vector" means a living organism or molecule, including 
 21.36  a recombinant molecule or biological product that may be 
 22.1   engineered through biotechnology, capable of carrying a 
 22.2   biological agent or toxin to a host. 
 22.3      Subd. 2.  [MANUFACTURE, POSSESSION, OR USE OF A WEAPON OF 
 22.4   MASS DESTRUCTION.] A person who, without lawful authority, 
 22.5   manufactures, possesses, sells, delivers, displays, uses, 
 22.6   threatens to use, attempts to use, or conspires to use, or who 
 22.7   makes readily accessible to others a weapon of mass destruction, 
 22.8   including any biological agent, toxin, vector, or delivery 
 22.9   system, is guilty of a felony and may be sentenced to 
 22.10  imprisonment for life. 
 22.11     Subd. 3.  [HOAX WEAPON OF MASS DESTRUCTION.] Any person who 
 22.12  manufactures, possesses, sells, delivers, displays, uses, 
 22.13  threatens to use, attempts to use, or conspires to use, or who 
 22.14  makes readily accessible to others, a hoax weapon of mass 
 22.15  destruction with the intent to deceive or otherwise mislead 
 22.16  another person into believing that the hoax weapon of mass 
 22.17  destruction will cause terror, bodily harm, or property damage 
 22.18  is guilty of a felony and may be sentenced to imprisonment for 
 22.19  not more than 20 years or to payment of a fine of not more than 
 22.20  $40,000, or both. 
 22.21     Subd. 4.  [LIMITED EXCEPTIONS.] Subdivisions 2 and 3 do not 
 22.22  apply to any member or employee of the armed forces of the 
 22.23  United States, a federal or state governmental agency, or a 
 22.24  private entity who is otherwise engaged in lawful activity 
 22.25  within the scope of employment, if the person is otherwise duly 
 22.26  authorized or licensed to manufacture, possess, sell, deliver, 
 22.27  display, or otherwise engage in activity relative to this 
 22.28  section and if the person is in compliance with applicable 
 22.29  federal and state law. 
 22.30     Subd. 5.  [CIVIL ACTION TO RECOVER.] A person who violates 
 22.31  subdivision 2 or 3 shall be liable in a civil action brought by 
 22.32  any person, including a municipality, the state, or a rescue 
 22.33  organization to recover expenses incurred to provide 
 22.34  investigative, rescue, medical, or other services for 
 22.35  circumstances or injuries which resulted from the violation.  
 22.36     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 23.1   and applies to crimes committed on or after that date. 
 23.2      Sec. 21.  Minnesota Statutes 2000, section 609.713, 
 23.3   subdivision 1, is amended to read: 
 23.4      Subdivision 1.  Whoever threatens, directly or indirectly, 
 23.5   to commit any crime of violence with purpose to terrorize 
 23.6   another or to cause evacuation of a building, place of assembly, 
 23.7   vehicle or facility of public transportation or otherwise to 
 23.8   cause serious public inconvenience, or in a reckless disregard 
 23.9   of the risk of causing such terror or inconvenience may be 
 23.10  sentenced to imprisonment for not more than five ten years or to 
 23.11  payment of a fine of not more than $10,000 $50,000, or both.  As 
 23.12  used in this subdivision, "crime of violence" has the meaning 
 23.13  given "violent crime" in section 609.1095, subdivision 1, 
 23.14  paragraph (d). 
 23.15     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 23.16  and applies to crimes committed on or after that date. 
 23.17     Sec. 22.  Minnesota Statutes 2000, section 609.713, 
 23.18  subdivision 2, is amended to read: 
 23.19     Subd. 2.  Whoever communicates to another with purpose to 
 23.20  terrorize another or in reckless disregard of the risk of 
 23.21  causing such terror, that explosives or an explosive device or 
 23.22  any incendiary device is present at a named place or location, 
 23.23  whether or not the same is in fact present, may be sentenced to 
 23.24  imprisonment for not more than three five years or to payment of 
 23.25  a fine of not more than $3,000 $10,000, or both.  
 23.26     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 23.27  and applies to crimes committed on or after that date. 
 23.28     Sec. 23.  [609.714] [ACT OF TERRORISM.] 
 23.29     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 23.30  section, the following terms have the meanings given them in 
 23.31  this subdivision. 
 23.32     (a) "Crime of violence" means a "violent crime" as that 
 23.33  term is defined in section 609.1095, subdivision 1, paragraph 
 23.34  (d). 
 23.35     (b) "Destructive act" means an action that causes 
 23.36  destruction to transportation-related infrastructure or 
 24.1   facilities, public or private buildings, places of public 
 24.2   accommodation, resort or amusement or public works, or public 
 24.3   forest land. 
 24.4      Subd. 2.  [ACT OF TERRORISM.] Whoever intentionally 
 24.5   commits, attempts to commit or conspires to commit, either 
 24.6   directly or indirectly, any crime of violence or destructive act 
 24.7   which is intended to injure another or would be reasonably 
 24.8   foreseeable to injure another with the purpose to terrorize a 
 24.9   considerable number of members of the public, is guilty of a 
 24.10  crime. 
 24.11     Subd. 3.  [PENALTY.] A person who commits or attempts to 
 24.12  commit a gross misdemeanor or felony while participating in an 
 24.13  act of terrorism is guilty of a felony and, upon conviction, 
 24.14  shall be sentenced to imprisonment for not less than five years, 
 24.15  and up to life imprisonment, for each underlying crime and to 
 24.16  payment of a fine of not more than $100,000.  Notwithstanding 
 24.17  section 609.04, a prosecution for or conviction under this 
 24.18  section is not a bar to conviction of or punishment for any 
 24.19  other crime committed by the defendant as part of the same 
 24.20  conduct.  The sentence imposed for violation of this section 
 24.21  must run consecutively to the sentences imposed for any related 
 24.22  crimes.  
 24.23     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 24.24  and applies to crimes committed on or after that date. 
 24.25     Sec. 24.  Minnesota Statutes 2000, section 624.712, 
 24.26  subdivision 5, is amended to read: 
 24.27     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 24.28  murder in the first, second, and third degrees, manslaughter in 
 24.29  the first and second degrees, aiding suicide, aiding attempted 
 24.30  suicide, felony violations of assault in the first, second, 
 24.31  third, and fourth degrees, assaults motivated by bias under 
 24.32  section 609.2231, subdivision 4, acts of terrorism, drive-by 
 24.33  shootings, terroristic threats, use of drugs to injure or to 
 24.34  facilitate crime, crimes committed for the benefit of a gang, 
 24.35  commission of a crime while wearing or possessing a 
 24.36  bullet-resistant vest, simple robbery, aggravated robbery, 
 25.1   kidnapping, false imprisonment, criminal sexual conduct in the 
 25.2   first, second, third, and fourth degrees, theft of a firearm, 
 25.3   felony theft involving the intentional taking or driving of a 
 25.4   motor vehicle without the consent of the owner or the authorized 
 25.5   agent of the owner, felony theft involving the taking of 
 25.6   property from a burning, abandoned, or vacant building, or from 
 25.7   an area of destruction caused by civil disaster, riot, bombing, 
 25.8   or the proximity of battle, felony theft involving the theft of 
 25.9   a controlled substance, an explosive, or an incendiary device, 
 25.10  arson in the first and second degrees, riot, burglary in the 
 25.11  first, second, third, and fourth degrees, harassment and 
 25.12  stalking, shooting at a public transit vehicle or facility, 
 25.13  reckless use of a gun or dangerous weapon, intentionally 
 25.14  pointing a gun at or towards a human being, setting a spring 
 25.15  gun, and unlawfully owning, possessing, operating a machine gun 
 25.16  or short-barreled shotgun, and an attempt to commit any of these 
 25.17  offenses, as each of those offenses is defined in chapter 609.  
 25.18  "Crime of violence" also includes felony violations of the 
 25.19  following:  malicious punishment of a child; neglect or 
 25.20  endangerment of a child; and chapter 152.  
 25.21     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 25.22  and applies to crimes committed on or after that date. 
 25.23     Sec. 25.  Minnesota Statutes 2000, section 626A.01, 
 25.24  subdivision 3, is amended to read: 
 25.25     Subd. 3.  [WIRE COMMUNICATIONS.] "Wire communication" means 
 25.26  any aural transfer made in whole or in part through the use of 
 25.27  facilities for the transmission of communications by the aid of 
 25.28  wire, cable, or other like connection between the point of 
 25.29  origin and the point of reception, including the use of such 
 25.30  connection in a switching station.  "Wire communication" 
 25.31  includes any electronic storage of the communication.  
 25.32     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 25.33     Sec. 26.  Minnesota Statutes 2000, section 626A.01, 
 25.34  subdivision 16, is amended to read: 
 25.35     Subd. 16.  [ELECTRONIC COMMUNICATIONS SYSTEM.] "Electronic 
 25.36  communications system" means a wire, radio, electromagnetic, 
 26.1   photooptical, or photoelectronic facility for the transmission 
 26.2   of wire or electronic communications, and a computer facility or 
 26.3   related electronic equipment for the electronic storage of 
 26.4   communications. 
 26.5      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 26.6      Sec. 27.  Minnesota Statutes 2000, section 626A.05, 
 26.7   subdivision 2, is amended to read: 
 26.8      Subd. 2.  [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL 
 26.9   COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing 
 26.10  interception of wire, electronic, or oral communications by 
 26.11  investigative or law enforcement officers may only be issued 
 26.12  when the interception may provide evidence of the commission of, 
 26.13  or of an attempt or conspiracy to commit, any of the following 
 26.14  offenses:  
 26.15     (1) a felony offense involving murder, terrorism, weapons 
 26.16  of mass destruction, manslaughter, assault in the first, second, 
 26.17  and third degrees, aggravated robbery, kidnapping, criminal 
 26.18  sexual conduct in the first, second, and third degrees, 
 26.19  prostitution, bribery, perjury, malicious placement of an 
 26.20  explosive or incendiary device, escape from custody, theft, 
 26.21  receiving stolen property, computer crime, embezzlement, 
 26.22  burglary in the first, second, and third degrees, forgery, 
 26.23  aggravated forgery, check forgery, or financial transaction card 
 26.24  fraud, as punishable under sections 609.185, 609.19, 609.195, 
 26.25  609.20, 609.221, 609.222, 609.223, 609.2231, 609.245, 609.25, 
 26.26  609.321 to 609.324, 609.342, 609.343, 609.344, 609.42, 609.48, 
 26.27  609.485, subdivision 4, paragraph (a), clause (1), 609.52, 
 26.28  609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 609.668, 
 26.29  609.712, 609.714, 609.821, and 609.825, 609.88, 609.89, 609.891; 
 26.30     (2) an offense relating to gambling or controlled 
 26.31  substances, as punishable under section 609.76 or chapter 152; 
 26.32  or 
 26.33     (3) an offense relating to restraint of trade defined in 
 26.34  section 325D.53, subdivision 1 or 2, as punishable under section 
 26.35  325D.56, subdivision 2. 
 26.36     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 27.1      Sec. 28.  Minnesota Statutes 2000, section 626A.06, 
 27.2   subdivision 11, is amended to read: 
 27.3      Subd. 11.  [REQUIREMENTS INAPPLICABLE.] The requirements of 
 27.4   subdivision 1, clause (b)(ii), and subdivision 3, clause (d), 
 27.5   relating to the specification of the facilities from which, or 
 27.6   the place where, the communication is to be interpreted do not 
 27.7   apply if: 
 27.8      (1) in the case of an application with respect to the 
 27.9   interception of an oral communication: 
 27.10     (i)  the application contains a full and complete statement 
 27.11  as to why the specification is not practical and identifies the 
 27.12  person committing the offense and whose communications are to be 
 27.13  intercepted; and 
 27.14     (ii) the judge finds that the specification is not 
 27.15  practical. 
 27.16     (2) in the case of an application with respect to a wire or 
 27.17  electronic communication: 
 27.18     (i) the application identifies the person believed to be 
 27.19  committing the offense and whose communications are to be 
 27.20  intercepted and the applicant makes a showing of a purpose, on 
 27.21  the part of that person, to thwart interception by changing 
 27.22  facilities that there is probable cause to believe that the 
 27.23  person's actions could have the effect of thwarting interception 
 27.24  from a specified facility; and 
 27.25     (ii) the judge finds that the purpose has been adequately 
 27.26  shown; and 
 27.27     (iii) the order authorizing or approving the interception 
 27.28  is limited to interception only for such time as it is 
 27.29  reasonable to presume that the person identified in the 
 27.30  application is or was reasonably proximate to the instrument 
 27.31  through which such communication will be or was transmitted. 
 27.32     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 27.33     Sec. 29.  Minnesota Statutes 2000, section 626A.06, 
 27.34  subdivision 12, is amended to read: 
 27.35     Subd. 12.  [MOTION TO QUASH ORDER.] An interception of a 
 27.36  communication under an order with respect to which the 
 28.1   requirements of subdivision 1, clause (b)(ii), and subdivision 
 28.2   3, clause (d), do not apply by reason of subdivision 11 must not 
 28.3   begin until the facilities from which, or the place where, the 
 28.4   communication is to be intercepted is ascertained by the person 
 28.5   implementing the interception order.  A provider of wire or 
 28.6   electronic communications service that has received an order as 
 28.7   provided for in subdivision 11, clause (2), may move the court 
 28.8   to modify or quash the order on the ground that its assistance 
 28.9   with respect to the interception cannot be performed in a timely 
 28.10  or reasonable fashion.  The court, upon notice to the attorney 
 28.11  applying for the warrant, shall decide a motion expeditiously. 
 28.12     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 28.13     Sec. 30.  Minnesota Statutes 2000, section 626A.27, is 
 28.14  amended to read: 
 28.15     626A.27 [DISCLOSURE OF CONTENTS VOLUNTARY DISCLOSURE OF 
 28.16  CUSTOMER COMMUNICATIONS OR RECORDS.] 
 28.17     Subdivision 1.  [PROHIBITIONS.] Except as provided in 
 28.18  subdivision 2: 
 28.19     (1) a person or entity providing an electronic 
 28.20  communication service to the public must not knowingly divulge 
 28.21  to a person or entity the contents of a communication while in 
 28.22  electronic storage by that service; and 
 28.23     (2) a person or entity providing remote computing service 
 28.24  to the public must not knowingly divulge to a person or entity 
 28.25  the contents of any communication that is carried or maintained 
 28.26  on that service: 
 28.27     (i) on behalf of, and received by means of electronic 
 28.28  transmission from, or created by means of computer processing of 
 28.29  communications received by means of electronic transmission, 
 28.30  from a subscriber or customer of the service; and 
 28.31     (ii) solely for the purpose of providing storage or 
 28.32  computer processing services to the subscriber or customer, if 
 28.33  the provider is not authorized to access the contents of any 
 28.34  communications for purposes of providing any services other than 
 28.35  storage or computer processing; and 
 28.36     (3) a provider of remote computing service or electronic 
 29.1   communication service to the public shall not knowingly divulge 
 29.2   a record or other information pertaining to a subscriber to or 
 29.3   customer of such service, not including the contents of 
 29.4   communications covered by clause (1) or (2), to any government 
 29.5   entity. 
 29.6      Subd. 2.  [EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS.] 
 29.7   A person or entity provider described in subdivision 1 may 
 29.8   divulge the contents of a communication: 
 29.9      (1) to an addressee or intended recipient of the 
 29.10  communication or an agent of the addressee or intended 
 29.11  recipient; 
 29.12     (2) as otherwise authorized in section 626A.02, subdivision 
 29.13  2, paragraph (a); 626A.05; or section 626A.28; 
 29.14     (3) with the lawful consent of the originator or an 
 29.15  addressee or intended recipient of the communication, or the 
 29.16  subscriber in the case of remote computing service; 
 29.17     (4) to a person employed or authorized or whose facilities 
 29.18  are used to forward a communication to its destination; 
 29.19     (5) as may be necessarily incident to the rendition of the 
 29.20  service or to the protection of the rights or property of the 
 29.21  provider of that service; or 
 29.22     (6) to a law enforcement agency,: 
 29.23     (A) if the contents: 
 29.24     (i) were inadvertently obtained by the service provider; 
 29.25  and 
 29.26     (ii) appear to pertain to the commission of a crime; or 
 29.27     (B) if the provider reasonably believes that an emergency 
 29.28  involving immediate danger of death or serious physical injury 
 29.29  to any person requires disclosure of the information without 
 29.30  delay. 
 29.31     Subd. 3.  [EXCEPTIONS FOR DISCLOSURE OF CUSTOMER 
 29.32  RECORDS.] A provider described in subdivision 1 may divulge a 
 29.33  record or other information pertaining to a subscriber to or 
 29.34  customer of such service, not including the contents of the 
 29.35  communications covered by subdivision 1, paragraph (1) or (2): 
 29.36     (1) as otherwise authorized in section 626A.28; 
 30.1      (2) with the lawful consent of the customer or subscriber; 
 30.2      (3) as may be necessarily incident to the rendition of the 
 30.3   service or the protection of the rights or property of the 
 30.4   provider of that service; 
 30.5      (4) to a governmental entity, if the provider reasonably 
 30.6   believes that an emergency involving immediate danger or death 
 30.7   or serious physical injury to any person justifies disclosure of 
 30.8   the information; or 
 30.9      (5) to any person other than a governmental entity. 
 30.10     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 30.11     Sec. 31.  Minnesota Statutes 2000, section 626A.28, is 
 30.12  amended to read: 
 30.13     626A.28 [REQUIREMENTS FOR GOVERNMENTAL ACCESS REQUIRED 
 30.14  DISCLOSURE OF CUSTOMER COMMUNICATIONS OR RECORDS.] 
 30.15     Subdivision 1.  [CONTENTS OF WIRE OR ELECTRONIC 
 30.16  COMMUNICATIONS IN ELECTRONIC STORAGE.] A governmental entity may 
 30.17  require the disclosure by a provider of electronic communication 
 30.18  service of the contents of an a wire or electronic communication 
 30.19  that is in electronic storage in an electronic communications 
 30.20  system for 180 days or less only under a warrant.  A government 
 30.21  entity may require the disclosure by a provider of electronic 
 30.22  communications services of the contents of an a wire or 
 30.23  electronic communication that has been in electronic storage in 
 30.24  an electronic communications system for more than 180 days by 
 30.25  the means available under subdivision 2. 
 30.26     Subd. 2.  [CONTENTS OF WIRE OR ELECTRONIC COMMUNICATIONS IN 
 30.27  A REMOTE COMPUTING SERVICE.] (a) A governmental entity may 
 30.28  require a provider of remote computing service to disclose the 
 30.29  contents of wire or electronic communication to which this 
 30.30  paragraph is made applicable by paragraph (b): 
 30.31     (1) without required notice to the subscriber or customer, 
 30.32  if the governmental entity obtains a warrant; or 
 30.33     (2) with prior notice if the governmental entity: 
 30.34     (i) uses an administrative subpoena authorized by statute 
 30.35  or a grand jury subpoena; or 
 30.36     (ii) obtains a court order for such disclosure under 
 31.1   subdivision 4; 
 31.2   except that delayed notice may be given under section 626A.30. 
 31.3      (b) Paragraph (a) is applicable with respect to any wire or 
 31.4   electronic communication that is held or maintained on that 
 31.5   service: 
 31.6      (1) on behalf of, and received by means of electronic 
 31.7   transmission from, or created by means of computer processing of 
 31.8   communications received by means of electronic transmission 
 31.9   from, a subscriber or customer of such remote computing service; 
 31.10  and 
 31.11     (2) solely for the purpose of providing storage or computer 
 31.12  processing services to the subscriber or customer, if the 
 31.13  provider is not authorized to access the contents of any 
 31.14  communications for purposes of providing any services other than 
 31.15  storage or computer processing. 
 31.16     Subd. 3.  [RECORDS CONCERNING ELECTRONIC COMMUNICATION 
 31.17  SERVICE OR REMOTE COMPUTING SERVICE.] (a)(1) Except as provided 
 31.18  in clause (2), A governmental entity may require a provider of 
 31.19  electronic communication service or remote computing service may 
 31.20  to disclose a record or other information pertaining to a 
 31.21  subscriber to or customer of the service, not including the 
 31.22  contents of communications covered by subdivision 1 or 2, to any 
 31.23  person other than a governmental entity. 
 31.24     (2) A provider of electronic communication service or 
 31.25  remote computing service may disclose a record or other 
 31.26  information pertaining to a subscriber to or customer of the 
 31.27  service, not including the contents of communications covered by 
 31.28  subdivision 1 or 2, to a governmental entity, only when the 
 31.29  governmental entity: 
 31.30     (i) uses an administrative subpoena authorized by statute, 
 31.31  or a grand jury subpoena; 
 31.32     (ii) obtains a warrant; 
 31.33     (iii) obtains a court order for such disclosure under 
 31.34  subdivision 4; or 
 31.35     (iv) has the consent of the subscriber or customer to the 
 31.36  disclosure; or 
 32.1      (v) seeks information under paragraph (b). 
 32.2      (b) A provider of electronic communication service or 
 32.3   remote computer service shall disclose to a government entity 
 32.4   the: 
 32.5      (i) name; 
 32.6      (ii) address; 
 32.7      (iii) local and long distance telephone connection records, 
 32.8   or records of session times and durations; 
 32.9      (iv) length of service, including start date, and types of 
 32.10  services used; 
 32.11     (v) telephone or instrument number or other subscriber 
 32.12  number or identity, including any temporarily assigned network 
 32.13  address; and 
 32.14     (vi) means and source of payment for such service, 
 32.15  including credit card or bank account number, when the 
 32.16  government entity uses an administrative subpoena authorized by 
 32.17  a federal or state statute or a federal or state grand jury or 
 32.18  trial subpoena or any means available under paragraph (a). 
 32.19     (c) A governmental entity receiving records or information 
 32.20  under this subdivision is not required to provide notice to a 
 32.21  subscriber or customer. 
 32.22     Subd. 4.  [REQUIREMENTS FOR COURT ORDER.] A court order for 
 32.23  disclosure under subdivision 2 or 3 must issue only if the 
 32.24  governmental entity shows that there is reason to believe the 
 32.25  contents of a wire or electronic communication, or the records 
 32.26  or other information sought, are relevant to a legitimate law 
 32.27  enforcement inquiry.  A court issuing an order pursuant to this 
 32.28  section, on a motion made promptly by the service provider, may 
 32.29  quash or modify such order, if the information or records 
 32.30  requested are unusually voluminous in nature or compliance with 
 32.31  such order otherwise would cause an undue burden on such 
 32.32  provider. 
 32.33     Subd. 5.  [NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING 
 32.34  CERTAIN INFORMATION.] No cause of action lies in any court 
 32.35  against any provider of wire or electronic communication 
 32.36  service, its officers, employees, agents, or other specified 
 33.1   persons for providing information, facilities, or assistance in 
 33.2   accordance with the terms of a court order, warrant, subpoena, 
 33.3   or certification under sections 626A.26 to 626A.34. 
 33.4      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 33.5      Sec. 32.  Minnesota Statutes 2000, section 631.40, is 
 33.6   amended by adding a subdivision to read: 
 33.7      Subd. 1c.  [CERTIFIED COPY OF DISQUALIFYING OFFENSE 
 33.8   CONVICTIONS SENT TO PUBLIC SAFETY AND EMPLOYERS OF HAZARDOUS 
 33.9   MATERIALS DRIVERS.] When a person is convicted of committing a 
 33.10  disqualifying offense, as defined in section 171.325, 
 33.11  subdivision 1, a gross misdemeanor, a fourth moving violation 
 33.12  within the previous three years, or a violation of section 
 33.13  169A.20, or a similar statute or ordinance from another state, 
 33.14  the court shall determine whether the offender is a hazardous 
 33.15  materials driver as defined in section 171.325, subdivision 1, 
 33.16  whether the offender possesses a hazardous materials endorsement 
 33.17  on the offender's driver's license and where the offender 
 33.18  works.  If the offender is a hazardous materials driver or 
 33.19  possesses a hazardous materials endorsement, the court 
 33.20  administrator shall send a certified copy of the conviction to 
 33.21  the department of public safety and to the offender's employer 
 33.22  within ten days after the conviction. 
 33.23     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 33.24     Sec. 33.  [STUDY; APPROPRIATION.] 
 33.25     $....... is a onetime appropriation to the commissioner of 
 33.26  public safety to be used to study the feasibility and cost of 
 33.27  requiring tagging of explosives.  The commissioner of public 
 33.28  safety must present a report detailing the study's findings to 
 33.29  the chairs and ranking minority members of the house and senate 
 33.30  committees having jurisdiction over criminal justice funding and 
 33.31  policy by December 15, 2002. 
 33.32     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 33.33     Sec. 34.  [APPROPRIATIONS.] 
 33.34     (a) $....... is appropriated from the general fund to the 
 33.35  commissioner of public safety for grants to:  
 33.36     (1) local law enforcement for extraordinary personnel costs 
 34.1   related to anti-terrorism initiatives; and 
 34.2      (2) the national guard to provide security for the state's 
 34.3   infrastructure.  
 34.4   This is a onetime appropriation. 
 34.5      (b) $....... is appropriated from the general fund to the 
 34.6   commissioner of public safety for the purchase of biohazard 
 34.7   suits, masks, and other equipment for first-response units.  
 34.8   This is a onetime appropriation. 
 34.9      (c) $....... is appropriated from the general fund to the 
 34.10  commissioner of public safety for the purchase of chemical 
 34.11  detection and measurement equipment so that first-response units 
 34.12  may assess atmospheric conditions in buildings.  This is a 
 34.13  onetime appropriation. 
 34.14     (d) $....... is appropriated from the general fund to the 
 34.15  commissioner of public safety for the purchase of equipment for 
 34.16  use in decontaminating human victims of chemical attacks.  This 
 34.17  is a onetime appropriation. 
 34.18     (e) $....... is appropriated from the general fund to the 
 34.19  commissioner of public safety to fund hazardous material (HAZMAT)
 34.20  response teams in Rochester, Duluth, Moorhead, and St. Cloud.  
 34.21  The St. Cloud HAZMAT team shall replace the St. Cloud chemical 
 34.22  assessment team. 
 34.23     (f) $....... is appropriated from the general fund to the 
 34.24  commissioner of public safety for the purchase of a gas-tight 
 34.25  total containment vessel for use in disposing of bombs and other 
 34.26  biohazard or biochemical weapons.  This is a onetime 
 34.27  appropriation. 
 34.28     (g) $....... is appropriated from the general fund to the 
 34.29  commissioner of public safety for: 
 34.30     (1) anti-terrorism and terrorism response training of first 
 34.31  responder police, fire, and emergency medical services; 
 34.32     (2) terrorism response training of police, fire, and 
 34.33  emergency medical services commanders; 
 34.34     (3) training first responder police, fire, and emergency 
 34.35  medical services in identification and preservation of a 
 34.36  terrorism crime scene; 
 35.1      (4) specialized training for state hazardous materials 
 35.2   
 35.3   teams to respond to natural, biological, and chemical incidents; 
 35.4   and 
 35.5      (5) training for fire and emergency management services 
 35.6   personnel in structural collapse response and rescue. 
 35.7      (h) $....... is appropriated to the commissioner of public 
 35.8   safety from the general fund to fund increased security of the 
 35.9   capitol complex.  The commissioner must use the funds to: 
 35.10     (1) pay additional state troopers and temporary security 
 35.11  guards to patrol the capitol complex during the legislative 
 35.12  session; 
 35.13     (2) purchase proximity card reader equipment to control 
 35.14  capitol complex entry points; and 
 35.15     (3) purchase portable magnetometers. 
 35.16     (i) $....... is appropriated for fiscal year 2003 from the 
 35.17  general fund to the commissioner of health to establish and 
 35.18  operate the biological agents registry as provided in section 6. 
 35.19     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 35.20     Sec. 35.  [CAMP RIPLEY; APPROPRIATION.] 
 35.21     $500,000 is appropriated from the state bond proceeds fund 
 35.22  to the commissioner of public safety to predesign the Camp 
 35.23  Ripley Joint Military/Law Enforcement Anti-Terrorism Training 
 35.24  Facility. 
 35.25     [EFFECTIVE DATE.] This section is effective the day 
 35.26  following final enactment.  
 35.27     Sec. 36.  [APPROPRIATION.] 
 35.28     $37,000,000 is appropriated from the bond proceeds fund to 
 35.29  the commissioner of transportation to design, acquire, 
 35.30  construct, furnish, and equip its radio communications system 
 35.31  infrastructure, coordinating it with other state and local units 
 35.32  of government, and extending it to the Rochester and St. Cloud 
 35.33  districts of the state patrol district radio system, subject to 
 35.34  the requirements of Minnesota Statutes, section 16A.695. 
 35.35     [EFFECTIVE DATE.] This section is effective the day 
 35.36  following final enactment. 
 35.37     Sec. 37.  [BOND SALE.] 
 36.1      To provide the money appropriated by section 35 from the 
 36.2   state bond proceeds fund, the commissioner of finance shall sell 
 36.3   and issue bonds of the state in an amount up to $500,000 in the 
 36.4   manner, upon the terms, and with the effect prescribed by 
 36.5   Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
 36.6   Minnesota Constitution, article XI, sections 4 to 7. 
 36.7      [EFFECTIVE DATE.] This section is effective the day 
 36.8   following final enactment. 
 36.9      Sec. 38.  [BOND SALE.] 
 36.10     To provide the money appropriated in section 36 from the 
 36.11  state bond proceeds fund, the commissioner of finance shall sell 
 36.12  and issue bonds of the state in an amount up to $37,000,000 in 
 36.13  the manner, upon the terms, and with the effect prescribed by 
 36.14  Minnesota Statutes, sections 16A.631 to 16A.675, and by the 
 36.15  Minnesota Constitution, article XI, sections 4 to 7. 
 36.16     [EFFECTIVE DATE.] This section is effective the day 
 36.17  following final enactment.