SF 2893

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

  1.1                          A bill for an act 
  1.2             relating to public safety; establishing an integrated 
  1.3             set of agriculture, public safety, drivers' license, 
  1.4             emergency management, pollution control, law 
  1.5             enforcement, and criminal justice terrorist activity 
  1.6             prevention, response, and investigation policies; 
  1.7             modifying provisions relating to criminal justice, 
  1.8             public safety, agriculture, emergency management, 911 
  1.9             emergency communications, pollution control, criminal 
  1.10            background checks, and identification procedures; 
  1.11            enhancing penalties and creating new crimes designed 
  1.12            to deter and punish terroristic activities; providing 
  1.13            for interception of terroristic communications; 
  1.14            modifying provisions governing response to hazardous 
  1.15            materials; classifying data on terroristic activities 
  1.16            and authorizing sharing of terrorist data; upon 
  1.17            commission of terrorist offenses providing for 
  1.18            attachment of financial assets and seizure and 
  1.19            forfeiture of property associated with those offenses; 
  1.20            providing for release of juvenile court record; 
  1.21            appropriating money for antiterrorism initiatives; 
  1.22            amending Minnesota Statutes 2000, sections 12.03, 
  1.23            subdivision 4; 12.21, subdivisions 1, 2, 3; 12.22, 
  1.24            subdivision 2; 12.31, subdivision 2; 12.32; 12.34, 
  1.25            subdivision 1; 12.36; 13.37, subdivisions 1, 3; 
  1.26            13.6905, by adding a subdivision; 17.03, by adding a 
  1.27            subdivision; 31.05, subdivision 1, by adding a 
  1.28            subdivision; 168.011, by adding subdivisions; 171.07, 
  1.29            subdivisions 1a, 4; 171.27; 299A.49, subdivisions 2, 
  1.30            4; 299A.50, subdivision 1; 609.035, by adding a 
  1.31            subdivision; 609.185; 609.531, subdivision 1; 609.532, 
  1.32            subdivision 3; 609.625, by adding a subdivision; 
  1.33            609.713; 626A.05, subdivision 2; Minnesota Statutes 
  1.34            2001 Supplement, sections 28A.085, subdivision 4; 
  1.35            35.0661, subdivision 2; 260B.171, subdivision 1; 
  1.36            proposing coding for new law in Minnesota Statutes, 
  1.37            chapters 13; 168; 171; 609; 626A; proposing coding for 
  1.38            new law as Minnesota Statutes, chapter 609B; repealing 
  1.39            Minnesota Statutes 2000, section 299A.50, subdivision 
  1.40            3; Minnesota Statutes 2001 Supplement, section 
  1.41            35.0661, subdivision 4. 
  1.42  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.43                             ARTICLE 1
  2.1          ANTITERRORIST INITIATIVES AND RESPONSE PROVISIONS 
  2.2      Section 1.  Minnesota Statutes 2000, section 12.03, 
  2.3   subdivision 4, is amended to read: 
  2.4      Subd. 4.  [EMERGENCY MANAGEMENT.] "Emergency management" 
  2.5   means the preparation for and the carrying out of emergency 
  2.6   functions, other than functions for which military forces are 
  2.7   primarily responsible, to prevent, minimize and repair injury 
  2.8   and damage resulting from disasters, from acute shortages of 
  2.9   energy, or from incidents occurring at nuclear power plants that 
  2.10  pose radiological or other health hazards.  These functions 
  2.11  include, without limitation, firefighting services, police 
  2.12  services, medical and health services, rescue, engineering, 
  2.13  warning services, communications, radiological, chemical and 
  2.14  other special weapons defense, evacuation of persons from 
  2.15  stricken areas, emergency human services, emergency 
  2.16  transportation, existing or properly assigned functions of plant 
  2.17  protection, temporary restoration of public utility services, 
  2.18  implementation of energy supply emergency conservation and 
  2.19  allocation measures, emergency waste and debris management and 
  2.20  disposal, and other functions related to civilian protection, 
  2.21  together with all other activities necessary or incidental to 
  2.22  preparing for and carrying out these functions. 
  2.23     Sec. 2.  Minnesota Statutes 2000, section 12.21, 
  2.24  subdivision 1, is amended to read: 
  2.25     Subdivision 1.  [GENERAL AUTHORITY.] The governor (1) has 
  2.26  general direction and control of emergency management, (2) may 
  2.27  carry out the provisions of this chapter, and (3) during a 
  2.28  national security emergency or peacetime emergency declared as 
  2.29  existing under section 12.31, during the existence of an energy 
  2.30  supply emergency as declared under section 216C.15, or during 
  2.31  the existence of an emergency resulting from an incident at a 
  2.32  nuclear power plant that poses a radiological or other health 
  2.33  hazard, may assume direct operational control over all or any 
  2.34  part of the emergency management functions within this state.  
  2.35     Sec. 3.  Minnesota Statutes 2000, section 12.21, 
  2.36  subdivision 2, is amended to read: 
  3.1      Subd. 2.  [COOPERATION.] In performing duties under this 
  3.2   chapter, the governor may cooperate with the federal government, 
  3.3   with other states, with Canadian provinces, tribal authorities, 
  3.4   and with private agencies, in all matters pertaining to the 
  3.5   emergency management of this state and of the nation. 
  3.6      Sec. 4.  Minnesota Statutes 2000, section 12.21, 
  3.7   subdivision 3, is amended to read: 
  3.8      Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
  3.9   this chapter and to effect its policy and purpose, the governor 
  3.10  may: 
  3.11     (1) make, amend, and rescind the necessary orders and rules 
  3.12  to carry out the provisions of this chapter and section 216C.15 
  3.13  within the limits of the authority conferred by this section, 
  3.14  with due consideration of the plans of the federal government 
  3.15  and without complying with sections 14.001 to 14.69, but no 
  3.16  order or rule has the effect of law except as provided by 
  3.17  section 12.32; 
  3.18     (2) ensure that a comprehensive emergency operations plan 
  3.19  and emergency management program for this state are developed 
  3.20  and maintained, and are integrated into and coordinated with the 
  3.21  emergency plans of the federal government and of other states to 
  3.22  the fullest possible extent; 
  3.23     (3) in accordance with the emergency operations plan and 
  3.24  the emergency management program of this state, procure supplies 
  3.25  and, equipment, and facilities and other real property, 
  3.26  institute training programs and public information programs, and 
  3.27  take all other preparatory steps, including the partial or full 
  3.28  activation of emergency management organizations in advance of 
  3.29  actual disaster to ensure the furnishing of adequately trained 
  3.30  and equipped forces of emergency management personnel in time of 
  3.31  need; 
  3.32     (4) make studies and surveys of the industries, resources, 
  3.33  and facilities in this state as may be necessary to ascertain 
  3.34  the capabilities of the state for emergency management and to 
  3.35  plan for the most efficient emergency use of those industries, 
  3.36  resources, and facilities; 
  4.1      (5) on behalf of this state, enter into mutual aid 
  4.2   arrangements or cooperative agreements with other states, tribal 
  4.3   authorities, and with Canadian provinces, and coordinate mutual 
  4.4   aid plans between political subdivisions of this state; 
  4.5      (6) delegate administrative authority vested in the 
  4.6   governor under this chapter, except the power to make rules, and 
  4.7   provide for the subdelegation of that authority; 
  4.8      (7) cooperate with the president and the heads of the armed 
  4.9   forces, the emergency management agency of the United States and 
  4.10  other appropriate federal officers and agencies, and with the 
  4.11  officers and agencies of other states in matters pertaining to 
  4.12  the emergency management of the state and nation, including the 
  4.13  direction or control of: 
  4.14     (i) emergency preparedness drills and exercises; 
  4.15     (ii) warnings and signals for drills or actual emergencies 
  4.16  and the mechanical devices to be used in connection with them; 
  4.17     (iii) shutting off water mains, gas mains, electric power 
  4.18  connections and the suspension of all other utility services; 
  4.19     (iv) the conduct of persons in the state and the movement 
  4.20  and cessation of movement of pedestrians and vehicular traffic 
  4.21  during, prior, and subsequent to drills or actual emergencies; 
  4.22     (v) public meetings or gatherings; and 
  4.23     (vi) the evacuation, reception, and sheltering of persons; 
  4.24     (8) contribute to a political subdivision, within the 
  4.25  limits of the appropriation for that purpose, not more than 25 
  4.26  percent of the cost of acquiring organizational equipment that 
  4.27  meets standards established by the governor; 
  4.28     (9) formulate and execute, with the approval of the 
  4.29  executive council, plans and rules for the control of traffic in 
  4.30  order to provide for the rapid and safe movement over public 
  4.31  highways and streets of troops, vehicles of a military 
  4.32  nature, and materials for national defense and war or for use in 
  4.33  any war industry, for the conservation of critical materials, or 
  4.34  for emergency management purposes, and; coordinate the 
  4.35  activities of the departments or agencies of the state and its 
  4.36  political subdivisions concerned directly or indirectly with 
  5.1   public highways and streets, in a manner that will best 
  5.2   effectuate those plans; 
  5.3      (10) alter or adjust by executive order, without complying 
  5.4   with sections 14.01 to 14.69, the working hours, work days and 
  5.5   work week of, and annual and sick leave provisions and payroll 
  5.6   laws regarding all state employees in the executive branch as 
  5.7   the governor deems necessary to minimize the impact of the 
  5.8   disaster or emergency, conforming the alterations or adjustments 
  5.9   to existing state laws, rules, and collective bargaining 
  5.10  agreements to the extent practicable; 
  5.11     (11) authorize the commissioner of children, families, and 
  5.12  learning to alter school schedules, curtail school activities, 
  5.13  or order schools closed without affecting state aid to schools, 
  5.14  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
  5.15  and including charter schools under section 124D.10, and 
  5.16  elementary schools enrolling prekindergarten pupils in district 
  5.17  programs.; and 
  5.18     (12) authorize the commissioner of the pollution control 
  5.19  agency to suspend the operation of its statutes, rules, permits, 
  5.20  and agreements to allow expedited management and disposal of 
  5.21  debris and waste, including if needed, disposal of waste at a 
  5.22  temporary site until safe permanent disposal can be made.  In 
  5.23  implementing this authority, the commissioner shall minimize 
  5.24  impact on human health and the environment, as much as 
  5.25  practicable, given the need for expedited management of the 
  5.26  waste.  The suspension shall be valid for the duration of the 
  5.27  declared emergency, and for up to 90 days following the 
  5.28  governor's closure of the emergency.  If proper management or 
  5.29  disposal of waste materials and debris cannot be completed 
  5.30  within this 90-day period, the commissioner may extend the 
  5.31  suspension for additional 90-day periods as needed to achieve 
  5.32  proper management or disposal.  Notification of each such 
  5.33  extension shall be made to the governor and to the chairs of 
  5.34  each appropriate legislative committee. 
  5.35     Sec. 5.  Minnesota Statutes 2000, section 12.22, 
  5.36  subdivision 2, is amended to read: 
  6.1      Subd. 2.  [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 
  6.2   PERSONS.] Whenever a person offers to the state or to a 
  6.3   political subdivision of the state, services, equipment, 
  6.4   supplies, materials, real property, or funds by the way of gift, 
  6.5   grant, or loan, for purposes of civil emergency management, the 
  6.6   state, acting through the governor, or a political subdivision, 
  6.7   acting through its governing body, may accept the offer and then 
  6.8   may authorize an officer of the state or of the political 
  6.9   subdivision, as the case may be, to receive the services, 
  6.10  equipment, supplies, materials, real property, or funds on 
  6.11  behalf of the state or political subdivision, and subject to the 
  6.12  terms of the offer.  However, no money or other funds may be 
  6.13  accepted or received as a loan nor any indebtedness incurred 
  6.14  except as provided by law.  Real property so accepted must be 
  6.15  treated as, and subject to the same immunities during time of 
  6.16  national security or peacetime emergency as, real property owned 
  6.17  by the state. 
  6.18     Sec. 6.  Minnesota Statutes 2000, section 12.31, 
  6.19  subdivision 2, is amended to read: 
  6.20     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] The 
  6.21  governor may declare a peacetime emergency.  A peacetime 
  6.22  declaration of emergency may be declared only when an act of 
  6.23  nature, a technological failure or malfunction, a terrorist 
  6.24  incident, an industrial accident, a hazardous materials 
  6.25  accident, or a civil disturbance endangers life and, property, 
  6.26  or the environment and local government resources are inadequate 
  6.27  to handle the situation.  It must not be continued for more than 
  6.28  five days unless extended by resolution of the executive council 
  6.29  up to 30 days.  An order, or proclamation declaring, continuing, 
  6.30  or terminating an emergency must be given prompt and general 
  6.31  publicity and filed with the secretary of state.  
  6.32     Sec. 7.  Minnesota Statutes 2000, section 12.32, is amended 
  6.33  to read: 
  6.34     12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  6.35     Orders and rules promulgated by the governor under 
  6.36  authority of section 12.21, subdivision 3, clause (1), when 
  7.1   approved by the executive council and filed in the office of the 
  7.2   secretary of state, have, during a national security emergency, 
  7.3   peacetime emergency, or energy supply emergency, the full force 
  7.4   and effect of law.  Rules and ordinances of any agency or 
  7.5   political subdivision of the state inconsistent with the 
  7.6   provisions of this chapter or with any order or rule having the 
  7.7   force and effect of law issued under the authority of this 
  7.8   chapter, is suspended during the period of time and to the 
  7.9   extent that the emergency exists. 
  7.10     Sec. 8.  Minnesota Statutes 2000, section 12.34, 
  7.11  subdivision 1, is amended to read: 
  7.12     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  7.13  life, property, or the environment during a national security 
  7.14  emergency or a peacetime emergency, the governor, the state 
  7.15  director, or a member of a class of members of a state or local 
  7.16  emergency management organization designated by the governor, 
  7.17  may: 
  7.18     (1) require any person, except members of the federal or 
  7.19  state military forces and officers of the state or a political 
  7.20  subdivision, to perform services for emergency management 
  7.21  purposes as directed by any of the persons described above, and; 
  7.22     (2) commandeer, during a national security emergency, any 
  7.23  motor vehicle, tools, appliances, or other personal property and 
  7.24  any facilities or other real property. 
  7.25     Sec. 9.  Minnesota Statutes 2000, section 12.36, is amended 
  7.26  to read: 
  7.27     12.36 [GOVERNOR MAY CONTRACT.] 
  7.28     (a) The governor, during an emergency or disaster and 
  7.29  notwithstanding any other law, may: 
  7.30     (1) enter into contracts and incur obligations necessary to 
  7.31  combat the disaster by protecting the health and safety of 
  7.32  persons and the safety of property and the environment and by 
  7.33  providing emergency assistance to the victims of the disaster; 
  7.34  and 
  7.35     (2) exercise the powers vested by this subdivision in the 
  7.36  light of the exigencies of the disaster without compliance with 
  8.1   time-consuming procedures and formalities prescribed by law 
  8.2   pertaining to: 
  8.3      (i) the performance of public work; 
  8.4      (ii) entering into contract; 
  8.5      (iii) incurring of obligations; 
  8.6      (iv) employment of temporary workers; 
  8.7      (v) rental of equipment; 
  8.8      (vi) purchase of supplies and materials, for example, but 
  8.9   not limited to, publication of calls for bids; 
  8.10     (vii) provisions of the Civil Service Act and rules; 
  8.11     (viii) provisions relating to low bids; and 
  8.12     (ix) requirements for the budgeting and allotment of funds. 
  8.13     (b) All contracts must be in writing, executed on behalf of 
  8.14  the state by the governor or a person delegated by the governor 
  8.15  in writing so to do, and must be promptly filed with the 
  8.16  commissioner of finance, who shall forthwith encumber funds 
  8.17  appropriated for the purposes of the contract for the full 
  8.18  contract liability and certify thereon that the encumbrance has 
  8.19  been made. 
  8.20     Sec. 10.  Minnesota Statutes 2000, section 13.37, 
  8.21  subdivision 1, is amended to read: 
  8.22     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  8.23  following terms have the meanings given them. 
  8.24     (a) "Security information" means government data the 
  8.25  disclosure of which would be likely to substantially jeopardize 
  8.26  the security of information, possessions, individuals or 
  8.27  property against theft, acts of terrorism, tampering, improper 
  8.28  use, attempted escape, illegal disclosure, trespass, or physical 
  8.29  injury.  "Security information" includes crime prevention block 
  8.30  maps and lists of volunteers who participate in community crime 
  8.31  prevention programs and their home addresses and telephone 
  8.32  numbers.  
  8.33     (b) "Trade secret information" means government data, 
  8.34  including a formula, pattern, compilation, program, device, 
  8.35  method, technique or process (1) that was supplied by the 
  8.36  affected individual or organization, (2) that is the subject of 
  9.1   efforts by the individual or organization that are reasonable 
  9.2   under the circumstances to maintain its secrecy, and (3) that 
  9.3   derives independent economic value, actual or potential, from 
  9.4   not being generally known to, and not being readily 
  9.5   ascertainable by proper means by, other persons who can obtain 
  9.6   economic value from its disclosure or use. 
  9.7      (c) "Labor relations information" means management 
  9.8   positions on economic and noneconomic items that have not been 
  9.9   presented during the collective bargaining process or interest 
  9.10  arbitration, including information specifically collected or 
  9.11  created to prepare the management position. 
  9.12     (d) "Parking space leasing data" means the following 
  9.13  government data on an applicant for, or lessee of, a parking 
  9.14  space:  residence address, home telephone number, beginning and 
  9.15  ending work hours, place of employment, work telephone number, 
  9.16  and location of the parking space. 
  9.17     (e) "Internal competitive proposal" means a proposal to 
  9.18  provide government services that is prepared by the staff of a 
  9.19  political subdivision in competition with proposals solicited by 
  9.20  the political subdivision from the private sector. 
  9.21     Sec. 11.  Minnesota Statutes 2000, section 13.37, 
  9.22  subdivision 3, is amended to read: 
  9.23     Subd. 3.  [DATA DISSEMINATION.] Crime prevention block maps 
  9.24  and names, home addresses, and telephone numbers of volunteers 
  9.25  who participate in community crime prevention programs may be 
  9.26  disseminated to volunteers participating in crime prevention 
  9.27  programs.  A government entity may make any data classified as 
  9.28  security information under subdivision 1, paragraph (a), because 
  9.29  it relates to potential terrorism or terrorism response 
  9.30  accessible to any person; other government entity; agency or 
  9.31  political subdivision of another state or country; federal 
  9.32  agency; international organization; or tribal authority if the 
  9.33  government entity determines that the access will aid public 
  9.34  health, promote public safety, or assist law enforcement. 
  9.35     Sec. 12.  Minnesota Statutes 2000, section 13.6905, is 
  9.36  amended by adding a subdivision to read: 
 10.1      Subd. 5a.  [RECORDS CHECK OF APPLICANT FOR HAZARDOUS 
 10.2   MATERIALS ENDORSEMENT.] Access to records check data on an 
 10.3   applicant for a hazardous materials endorsement is governed by 
 10.4   section 171.025. 
 10.5      Sec. 13.  [13.91] [TERRORIST DATA.] 
 10.6      Subdivision 1.  [TERRORIST DATA.] Law enforcement agencies 
 10.7   may collect and maintain data for the purposes of assisting 
 10.8   criminal justice agencies in the investigation and prosecution 
 10.9   of acts of terrorism.  Data collected and maintained consists of 
 10.10  data on individuals whom law enforcement agencies determine are 
 10.11  or may be engaged in terrorist activities as defined in section 
 10.12  609B.05.  Notwithstanding section 260B.171, subdivision 5, data 
 10.13  on adults and juveniles may be maintained together. 
 10.14     Subd. 2.  [CLASSIFICATION OF DATA IN SYSTEM.] Terrorist 
 10.15  data are confidential data on individuals, as defined in section 
 10.16  13.02, subdivision 3, but are accessible to law enforcement 
 10.17  agencies and may be released to the criminal justice agencies. 
 10.18     Subd. 3.  [LAW ENFORCEMENT AGENCIES.] For purposes of this 
 10.19  section, law enforcement agencies include: 
 10.20     (a) agencies providing a law enforcement function from 
 10.21  other states and other countries; 
 10.22     (b) the federal government agencies; 
 10.23     (c) local government agencies; and 
 10.24     (d) tribal agencies. 
 10.25     Subd. 4.  [RELEASE OF DATA.] Information collected under 
 10.26  this section may be released prior to becoming public in the 
 10.27  interests of public safety.  Data collected under this section 
 10.28  shall become public five years from the date the data was 
 10.29  collected if the data subject has not been convicted of any 
 10.30  crime or adjudicated delinquent.  If the data subject has been 
 10.31  convicted of any crime or adjudicated delinquent, information 
 10.32  shall become public five years from the date of last conviction 
 10.33  or adjudication. 
 10.34     Sec. 14.  Minnesota Statutes 2000, section 17.03, is 
 10.35  amended by adding a subdivision to read: 
 10.36     Subd. 14.  [TERRORISM.] (a) If one of the following 
 11.1   conditions is met, the commissioner or any agent of the 
 11.2   commissioner, in order to respond to a terrorist attack or to 
 11.3   prevent a potential terrorist attack, has the right, upon 
 11.4   presentation of credentials, to enter upon any property, public 
 11.5   or private, for the purpose of obtaining information, examining 
 11.6   records, or conducting an investigation on any matter relating 
 11.7   to the commissioner's duties or responsibilities: 
 11.8      (1) declared emergency by the governor under chapter 12; 
 11.9      (2) with permission of the landowner; or 
 11.10     (3) upon complaint establishing that the complainant has 
 11.11  probable cause to believe that a law administered by the 
 11.12  commissioner has been violated. 
 11.13     (b) The commissioner or any agent of the commissioner upon 
 11.14  probable cause as described in paragraph (a), clause (3) shall 
 11.15  file a complaint with the district court.  Upon judicial 
 11.16  determination that there is probable cause, the court may issue 
 11.17  a search warrant.  
 11.18     (c) Data collected or created under this subdivision shall 
 11.19  be classified as protected nonpublic data pursuant to section 
 11.20  13.02, subdivision 13, in the case of data not on individuals 
 11.21  and confidential pursuant to section 13.02, subdivision 3, in 
 11.22  the case of data on individuals.  This subdivision shall not 
 11.23  limit any existing authority the commissioner has to inspect or 
 11.24  enter public or private places. 
 11.25     Sec. 15.  Minnesota Statutes 2001 Supplement, section 
 11.26  28A.085, subdivision 4, is amended to read: 
 11.27     Subd. 4.  [FOOD HANDLER REINSPECTION ACCOUNT; 
 11.28  APPROPRIATION.] A food handler reinspection account is 
 11.29  established in the agricultural fund.  All reinspection fees, 
 11.30  court awarded costs under section 31.05, and assessments 
 11.31  collected must be deposited in the state treasury and are 
 11.32  credited to the food handler reinspection account.  Money in the 
 11.33  account, including interest accrued, is appropriated to the 
 11.34  commissioner to pay the expenses relating to reinspections 
 11.35  conducted under the chapters listed in subdivision 1. 
 11.36     Sec. 16.  Minnesota Statutes 2000, section 31.05, 
 12.1   subdivision 1, is amended to read: 
 12.2      Subdivision 1.  A duly authorized agent of the commissioner 
 12.3   who finds or has probable cause to believe that any food or 
 12.4   consumer commodity is adulterated or so misbranded as to be 
 12.5   dangerous or fraudulent, or is in violation of section 31.131 
 12.6   shall affix to such article a tag or other appropriate marking 
 12.7   giving notice that such article is, or is suspected of being, 
 12.8   adulterated or misbranded and has been detained or embargoed, 
 12.9   and warning all persons not to remove or dispose of such article 
 12.10  by sale or otherwise until permission for removal or disposal is 
 12.11  given by such agent or the court.  It shall be unlawful for any 
 12.12  person to remove or dispose of such detained or embargoed 
 12.13  article by sale or otherwise without such permission. 
 12.14     In the event of an emergency declared by the governor under 
 12.15  section 12.31, an embargo may be placed on a geographical area 
 12.16  of the state limiting food or consumer commodity movement into 
 12.17  or out of the embargoed area. 
 12.18     Sec. 17.  Minnesota Statutes 2000, section 31.05, is 
 12.19  amended by adding a subdivision to read: 
 12.20     Subd. 5.  If a person is convicted of adulteration under 
 12.21  section 609.687, terroristic threats under section 609.713, 
 12.22  terrorism under section 609B.08, use of biological agents, toxic 
 12.23  chemicals, or toxins under section 609B.25, or a misdemeanor 
 12.24  under section 31.032, the person is responsible for, and the 
 12.25  district court shall award to the commissioner, all costs 
 12.26  incurred for laboratory testing, inspection, investigation, and 
 12.27  disposal of the food or consumer commodity. 
 12.28     Sec. 18.  Minnesota Statutes 2001 Supplement, section 
 12.29  35.0661, subdivision 2, is amended to read: 
 12.30     Subd. 2.  [QUARANTINE ZONES.] Upon an emergency declaration 
 12.31  by the governor under subdivision 1, the board or any licensed 
 12.32  veterinarian designated by the board may establish quarantine 
 12.33  zones of control in any area where a specific animal is deemed 
 12.34  by a licensed veterinarian as likely to be infected with the 
 12.35  disease based on an actual veterinary examination or laboratory 
 12.36  testing.  Quarantine zones of control must be the smallest size 
 13.1   practicable to prevent the spread of disease and must exist for 
 13.2   the shortest duration consistent with effective disease 
 13.3   control.  A quarantine zone of control must not extend beyond a 
 13.4   radius of three miles from an animal deemed as likely to be 
 13.5   infected with the disease, unless the board has adopted a rule 
 13.6   regarding a specific disease requiring a larger quarantine zone 
 13.7   of control. for humans, machinery, and personal property, 
 13.8   excluding livestock products, will be limited to infected 
 13.9   premises.  The size of the quarantine zone of control for 
 13.10  livestock and livestock products will depend on weather 
 13.11  conditions, type of farms, time of year, species affected, and 
 13.12  geography of area affected. 
 13.13     Sec. 19.  Minnesota Statutes 2000, section 168.011, is 
 13.14  amended by adding a subdivision to read: 
 13.15     Subd. 37.  [MOTOR CARRIER.] "Motor carrier" means a 
 13.16  for-hire motor carrier or a private motor carrier.  The term 
 13.17  includes a motor carrier's agents, officers, and representatives 
 13.18  and the entity responsible for the safe operation of the vehicle 
 13.19  during the registration year. 
 13.20     Sec. 20.  Minnesota Statutes 2000, section 168.011, is 
 13.21  amended by adding a subdivision to read: 
 13.22     Subd. 38.  [FOR-HIRE CARRIER.] "For-hire carrier" has the 
 13.23  meaning given it in section 221.011. 
 13.24     Sec. 21.  Minnesota Statutes 2000, section 168.011, is 
 13.25  amended by adding a subdivision to read: 
 13.26     Subd. 39.  [PRIVATE MOTOR CARRIER.] "Private motor carrier" 
 13.27  has the meaning given it in section 221.011. 
 13.28     Sec. 22.  Minnesota Statutes 2000, section 168.011, is 
 13.29  amended by adding a subdivision to read: 
 13.30     Subd. 40.  [COMMERCE.] "Commerce" means (1) any trade, 
 13.31  traffic, or transportation within the jurisdiction of the United 
 13.32  States between a place in a state and a place outside of that 
 13.33  state, including a place outside of the United States, and (2) 
 13.34  trade, traffic, and transportation in the United States that 
 13.35  affects any trade, traffic, and transportation described in 
 13.36  clause (1). 
 14.1      Sec. 23.  Minnesota Statutes 2000, section 168.011, is 
 14.2   amended by adding a subdivision to read: 
 14.3      Subd. 41.  [EMPLOYER.] "Employer" means any person engaged 
 14.4   in a business affecting interstate or intrastate commerce who 
 14.5   owns or leases a commercial motor vehicle in connection with 
 14.6   that business, or assigns employees to operate it.  However, the 
 14.7   term does not include the United States, any state, any 
 14.8   political subdivision of a state, or an agency established under 
 14.9   a compact between states approved by the Congress of the United 
 14.10  States. 
 14.11     Sec. 24.  Minnesota Statutes 2000, section 168.011, is 
 14.12  amended by adding a subdivision to read: 
 14.13     Subd. 42.  [REGISTRANT.] "Registrant" means the person, 
 14.14  whether an individual or organization, to whom the vehicle 
 14.15  registration and plate is issued. 
 14.16     Sec. 25.  [168.185] [MOTOR CARRIER USDOT NUMBERS.] 
 14.17     A motor carrier operating a truck or truck tractor having a 
 14.18  gross vehicle weight of 10,000 pounds or more shall report to 
 14.19  the registrar at the time of registration its USDOT carrier 
 14.20  number.  A motor carrier who does not have a USDOT number shall 
 14.21  apply for the number at the time of registration by completing a 
 14.22  form MCS-150 Motor Carrier Identification Report, issued by the 
 14.23  Federal Motor Carrier Safety Administration, or comparable 
 14.24  document as determined by the registrar. 
 14.25     Assigned USDOT numbers need not be displayed on the outside 
 14.26  of the vehicle, but must be made available upon request of an 
 14.27  authorized agent of the registrar or the Minnesota department of 
 14.28  transportation.  A motor carrier shall notify the registrar if 
 14.29  there is a change to the carrier's USDOT number. 
 14.30     If a carrier fails to report or apply for a USDOT number, 
 14.31  the registrar shall suspend the carrier's registration. 
 14.32     Sec. 26.  [171.025] [BACKGROUND CHECK FOR HAZARDOUS 
 14.33  MATERIALS ENDORSEMENTS.] 
 14.34     Subdivision 1.  [RECORDS CHECK OF APPLICANT.] Before 
 14.35  issuing or renewing an endorsement required to operate a vehicle 
 14.36  transporting hazardous materials, and after receiving payment of 
 15.1   the fee required in subdivision 5, the commissioner shall 
 15.2   conduct a criminal and driver's license records check of the 
 15.3   applicant.  The commissioner may also conduct the check at any 
 15.4   time while a person is so endorsed.  The check must consist of a 
 15.5   criminal records check of the state criminal records repository 
 15.6   and a check of the driver's license records system.  If the 
 15.7   applicant has resided in Minnesota for less than five years, the 
 15.8   check must also include a criminal records check of information 
 15.9   from the state law enforcement agencies in the states where the 
 15.10  person resided during the five years before moving to Minnesota, 
 15.11  and of the national criminal records repository including the 
 15.12  criminal justice data communications network.  
 15.13     Subd. 2.  [FAILURE TO COOPERATE.] The applicant's failure 
 15.14  to cooperate with the commissioner in conducting the records 
 15.15  check is reasonable cause to deny an application or cancel an 
 15.16  endorsement to operate a vehicle transporting hazardous 
 15.17  materials. 
 15.18     Subd. 3.  [ACCESS TO RECORDS CHECK DATA.] The results of 
 15.19  the record check are private data on individuals and the 
 15.20  commissioner may release the results of the records check only 
 15.21  to: 
 15.22     (1) the applicant or the applicant's designee in writing; 
 15.23     (2) a peace officer as defined in section 626.05, at the 
 15.24  request of the officer; or 
 15.25     (3) an authorized official, as determined by the 
 15.26  commissioner, of a federal, state, or local law enforcement or 
 15.27  prosecution agency. 
 15.28     Subd. 4.  [TEMPORARY ENDORSEMENT.] The commissioner may 
 15.29  issue to an otherwise qualified applicant a temporary 
 15.30  endorsement to operate a vehicle transporting hazardous 
 15.31  materials, effective for no more than 180 days, upon 
 15.32  presentation of (1) an affidavit by the applicant that the 
 15.33  applicant has not been convicted of a disqualifying offense, as 
 15.34  defined in section 171.3215, and (2) a criminal history check 
 15.35  from each state of residence for the previous five years.  The 
 15.36  criminal history check may be conducted and prepared by any 
 16.1   public or private source acceptable to the commissioner.  The 
 16.2   commissioner may reissue the temporary endorsement if the 
 16.3   national criminal records repository check is timely submitted 
 16.4   but not completed within the 180-day period. 
 16.5      Subd. 5.  [FEE.] In addition to other requirements and 
 16.6   fees, an applicant for a hazardous materials endorsement must 
 16.7   pay a fee for the commissioner to conduct the background check 
 16.8   described in subdivision 1.  The amount of the fee, as 
 16.9   determined by rule of the commissioner, must not exceed the 
 16.10  actual cost to conduct the background investigation.  This 
 16.11  subdivision supersedes section 16A.1283, and any other law to 
 16.12  the contrary. 
 16.13     Sec. 27.  [171.065] [PROOF OF RESIDENCY.] 
 16.14     Subdivision 1.  [PROOF OF RESIDENCY AT INITIAL 
 16.15  APPLICATION.] Proof of residency is required at the time of 
 16.16  application for an initial driving permit, driver's license, or 
 16.17  state identification card.  The applicant must attest to a 
 16.18  residence address in Minnesota and demonstrate proof of either 
 16.19  lawful short-term admission to the United States, permanent 
 16.20  United States resident status, or United States citizenship. 
 16.21     Subd. 2.  [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 
 16.22  residency is required at the time of application for renewal of 
 16.23  a driving permit, driver's license, or state identification card.
 16.24     (b) A person with permanent United States resident status 
 16.25  or United States citizenship must attest to a residence address 
 16.26  in Minnesota. 
 16.27     (c) A person with lawful short-term admission to the United 
 16.28  States must attest to a residence address in Minnesota and 
 16.29  provide proof of lawful short-term admission status to the 
 16.30  United States. 
 16.31     Subd. 3.  [DOCUMENTS NOT SUFFICIENT TO PROVE 
 16.32  RESIDENCY.] The department shall not accept presentation of a 
 16.33  permit, driver's license, or identification card from another 
 16.34  United States state as proof of lawful short-term admission to 
 16.35  the United States, permanent United States resident status, or 
 16.36  United States citizenship unless the standards of the state are 
 17.1   as strict or stricter than the standards specified in this 
 17.2   section. 
 17.3      Subd. 4.  [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 
 17.4   has been a change in the individual's full name as it appears on 
 17.5   the presented document, the individual shall also present 
 17.6   evidence of a change of name as specified by rule of the 
 17.7   commissioner. 
 17.8      Subd. 5.  [LAWFUL SHORT-TERM ADMISSION STATUS.] The 
 17.9   department shall not issue a state driving permit, driver's 
 17.10  license, or identification card if an individual has no lawful 
 17.11  admission status to the United States or if the lawful 
 17.12  short-term admission period expires in 30 days or less. 
 17.13     Subd. 6.  [RULES; VARIANCE.] The commissioner may adopt 
 17.14  rules, standards, and procedures according to chapter 14 to 
 17.15  administer this section.  The requirements of this section are 
 17.16  subject to variance under rules of the commissioner. 
 17.17     Sec. 28.  Minnesota Statutes 2000, section 171.07, 
 17.18  subdivision 1a, is amended to read: 
 17.19     Subd. 1a.  [FILING PHOTOGRAPH OR IMAGE; DATA 
 17.20  CLASSIFICATION.] The department shall file, or contract to file, 
 17.21  all photographs or electronically produced images obtained in 
 17.22  the process of issuing drivers' licenses or Minnesota 
 17.23  identification cards.  The photographs or electronically 
 17.24  produced images shall be are private data pursuant to section 
 17.25  13.02, subdivision 12.  Notwithstanding section 13.04, 
 17.26  subdivision 3, the department shall is not be required to 
 17.27  provide copies of photographs or electronically produced images 
 17.28  to data subjects.  The use of the files is restricted: 
 17.29     (1) to the issuance and control of drivers' licenses; 
 17.30     (2) for law enforcement purposes in the investigation and 
 17.31  or prosecution of crimes, at the request of a peace officer as 
 17.32  defined in section 626.05, the request of the attorney general, 
 17.33  or the request of an authorized official, as determined by the 
 17.34  commissioner, of a federal, state, or local law enforcement or 
 17.35  prosecution agency; and 
 17.36     (3) for child support enforcement purposes under section 
 18.1   256.978. 
 18.2      Sec. 29.  Minnesota Statutes 2000, section 171.07, 
 18.3   subdivision 4, is amended to read: 
 18.4      Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
 18.5   this subdivision, the expiration date of Minnesota 
 18.6   identification cards of applicants under the age of 65 shall be 
 18.7   is the birthday of the applicant in the fourth year following 
 18.8   the date of issuance of the card. 
 18.9      (b) Except as provided in paragraph (d), Minnesota 
 18.10  identification cards issued to applicants age 65 or over shall 
 18.11  be are valid for the lifetime of the applicant. 
 18.12     (c) Except if expiration would occur earlier under 
 18.13  paragraph (d), the expiration date for an Under-21 
 18.14  identification card is the cardholder's 21st birthday.  The 
 18.15  commissioner shall issue an identification card to a holder of 
 18.16  an Under-21 identification card who applies for the card, pays 
 18.17  the required fee, and presents proof of identity and age, unless 
 18.18  the commissioner determines that the applicant is not qualified 
 18.19  for the identification card. 
 18.20     (d) Unless expiration would occur earlier under another 
 18.21  provision of this subdivision, if the applicant is not a citizen 
 18.22  of the United States or a permanent resident alien, the 
 18.23  applicant's Minnesota identification card expires on the 
 18.24  expiration date or completion date of the applicant's visa or 
 18.25  other short-term admission document issued to the applicant by 
 18.26  the United States government evidencing to the commissioner's 
 18.27  satisfaction permission for the applicant to be in this country. 
 18.28     Sec. 30.  Minnesota Statutes 2000, section 171.27, is 
 18.29  amended to read: 
 18.30     171.27 [EXPIRATION OF LICENSE.] 
 18.31     (a) Except as otherwise provided in this section, the 
 18.32  expiration date for each driver's license, other than under-21 
 18.33  licenses, is the birthday of the driver in the fourth year 
 18.34  following the date of issuance of the license.  The birthday of 
 18.35  the driver shall must be as indicated on the application for a 
 18.36  driver's license.  A license may be renewed on or before 
 19.1   expiration or within one year after expiration upon application, 
 19.2   payment of the required fee, and passing the examination 
 19.3   required of all drivers for renewal.  The commissioner shall 
 19.4   extend or renew driving privileges shall be extended or renewed 
 19.5   on or preceding the expiration date of an existing driver's 
 19.6   license unless the commissioner believes that the licensee (1) 
 19.7   is no longer qualified as a driver or (2) does not have 
 19.8   permission to remain in the United States throughout the 
 19.9   extension or renewal period.  
 19.10     (b) Except if expiration would occur earlier under 
 19.11  paragraph (e), the expiration date for each under-21 
 19.12  license shall be is the 21st birthday of the licensee.  Upon the 
 19.13  licensee attaining the age of 21 and upon the application, 
 19.14  payment of the required fee, and passing the examination 
 19.15  required of all drivers for renewal, a driver's license shall 
 19.16  must be issued unless the commissioner determines that the 
 19.17  licensee (1) is no longer qualified as a driver or (2) does not 
 19.18  have permission to remain in the United States throughout the 
 19.19  renewal period. 
 19.20     (c) Except if expiration would occur earlier under 
 19.21  paragraph (e), the expiration date for each provisional license 
 19.22  is two years after the date of application for the provisional 
 19.23  license. 
 19.24     (d) Any valid Minnesota driver's license issued to a person 
 19.25  then or subsequently on active duty with the Armed Forces of the 
 19.26  United States, or the person's spouse, shall continue in full 
 19.27  force and effect without requirement for renewal until 90 days 
 19.28  after the date of the person's discharge from such active 
 19.29  service, provided that a spouse's license must be renewed if the 
 19.30  spouse is residing within the state at the time the license 
 19.31  expires or within 90 days after the spouse returns to Minnesota 
 19.32  and resides within the state. 
 19.33     (e) Unless expiration would occur earlier under another 
 19.34  provision of this section, if the applicant is not a citizen of 
 19.35  the United States or a permanent resident alien, the applicant's 
 19.36  driver's license, permit to operate a motor vehicle, or driving 
 20.1   privilege of any nature or type expires on the expiration date 
 20.2   or completion date of the applicant's visa or other short-term 
 20.3   admission document issued to the applicant by the United States 
 20.4   government evidencing to the commissioner's satisfaction 
 20.5   permission for the applicant to be in this country. 
 20.6      Sec. 31.  Minnesota Statutes 2001 Supplement, section 
 20.7   260B.171, subdivision 1, is amended to read: 
 20.8      Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
 20.9   juvenile court judge shall keep such minutes and in such manner 
 20.10  as the court deems necessary and proper.  Except as provided in 
 20.11  paragraph (b), the court shall keep and maintain records 
 20.12  pertaining to delinquent adjudications until the person reaches 
 20.13  the age of 28 years and shall release the records on an 
 20.14  individual to another juvenile court that has jurisdiction of 
 20.15  the juvenile, to a requesting adult court for purposes of 
 20.16  sentencing, or to an adult court or juvenile court as required 
 20.17  by the right of confrontation of either the United States 
 20.18  Constitution or the Minnesota Constitution.  The juvenile court 
 20.19  shall provide, upon the request of any other juvenile court, 
 20.20  copies of the records concerning adjudications involving the 
 20.21  particular child.  The court also may provide copies of records 
 20.22  concerning delinquency adjudications, on request, to law 
 20.23  enforcement agencies, probation officers, and corrections agents 
 20.24  if the court finds that providing these records serves public 
 20.25  safety or is in the best interests of the child.  Juvenile court 
 20.26  delinquency proceeding records of adjudications, court 
 20.27  transcripts, and delinquency petitions, including any probable 
 20.28  cause attachments that have been filed or police officer reports 
 20.29  relating to a petition, and juvenile petty offense records must 
 20.30  be released to requesting law enforcement agencies, probation 
 20.31  officers, corrections agents, and prosecuting authorities for 
 20.32  purposes of investigating and prosecuting violations of section 
 20.33  609.229, provided that crimes, delinquent acts, or probation 
 20.34  violations.  Psychological or mental health reports may not be 
 20.35  included disclosed with those records unless the court finds 
 20.36  disclosure of psychological or mental health reports serves 
 21.1   public safety or is in the best interests of the child.  The 
 21.2   agency receiving the records may release the records only as 
 21.3   permitted under this section or authorized by law. 
 21.4      The court shall also keep an index in which files 
 21.5   pertaining to juvenile matters shall be indexed under the name 
 21.6   of the child.  After the name of each file shall be shown the 
 21.7   file number and, if ordered by the court, the book and page of 
 21.8   the register in which the documents pertaining to such file are 
 21.9   listed.  The court shall also keep a register properly indexed 
 21.10  in which shall be listed under the name of the child all 
 21.11  documents filed pertaining to the child and in the order filed.  
 21.12  The list shall show the name of the document and the date of 
 21.13  filing thereof.  The juvenile court legal records shall be 
 21.14  deposited in files and shall include the petition, summons, 
 21.15  notice, findings, orders, decrees, judgments, and motions and 
 21.16  such other matters as the court deems necessary and proper.  
 21.17  Unless otherwise provided by law, all court records shall be 
 21.18  open at all reasonable times to the inspection of any child to 
 21.19  whom the records relate, and to the child's parent and guardian. 
 21.20     (b) The court shall retain records of the court finding 
 21.21  that a juvenile committed an act that would be a felony- felony 
 21.22  or gross misdemeanor level offense until the offender reaches 
 21.23  the age of 28.  If the offender commits a felony as an adult, or 
 21.24  the court convicts a child as an extended jurisdiction juvenile, 
 21.25  the court shall retain the juvenile records for as long as the 
 21.26  records would have been retained if the offender had been an 
 21.27  adult at the time of the juvenile offense.  This paragraph does 
 21.28  not apply unless the juvenile was provided counsel as required 
 21.29  by section 260B.163, subdivision 2. 
 21.30     Sec. 32.  Minnesota Statutes 2000, section 299A.49, 
 21.31  subdivision 2, is amended to read: 
 21.32     Subd. 2.  [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment 
 21.33  team" means a team trained and equipped to evaluate and mitigate 
 21.34  a hazardous materials incident and recommend the best means of 
 21.35  controlling the hazard after consideration of life safety 
 21.36  concerns, environmental effects, exposure hazards, quantity and 
 22.1   type of hazardous material, availability of local resources, or 
 22.2   other relevant factors. 
 22.3      Sec. 33.  Minnesota Statutes 2000, section 299A.49, 
 22.4   subdivision 4, is amended to read: 
 22.5      Subd. 4.  [HAZARDOUS MATERIALS.] "Hazardous materials" 
 22.6   means substances or materials that, because of their chemical, 
 22.7   physical, or biological nature, pose a potential risk to life, 
 22.8   health, or property if they are released.  "Hazardous materials" 
 22.9   includes any substance or material in a particular form or 
 22.10  quantity that may pose an unreasonable risk to health, safety, 
 22.11  and property, or any substance or material in a quantity or form 
 22.12  that may be harmful to humans, animals, crops, water systems, or 
 22.13  other elements of the environment if accidentally released.  
 22.14  Hazardous substances so designated may include explosives, 
 22.15  radioactive materials, etiologic agents, flammable liquids or 
 22.16  solids, combustible liquids or solids, poisons, oxidizing or 
 22.17  corrosive materials, chemical and biological substances, and 
 22.18  flammable gases. 
 22.19     Sec. 34.  Minnesota Statutes 2000, section 299A.50, 
 22.20  subdivision 1, is amended to read: 
 22.21     Subdivision 1.  [ELEMENTS OF PLAN; RULES.] After 
 22.22  consultation with the commissioners of natural resources, 
 22.23  agriculture, transportation, and the pollution control agency, 
 22.24  the state fire marshal, the emergency response commission, 
 22.25  appropriate technical emergency response representatives, and 
 22.26  representatives of affected parties, the commissioner shall 
 22.27  adopt rules to implement a statewide hazardous materials 
 22.28  incident response plan.  The plan must include: 
 22.29     (1) the locations of up to five regional hazardous 
 22.30  materials response teams, based on the location of hazardous 
 22.31  materials, response time, proximity to large population centers, 
 22.32  and other factors; 
 22.33     (2) the locations of up to 11 regional hazardous materials 
 22.34  chemical assessment teams, based on the location of hazardous 
 22.35  materials, response time, proximity to large population centers, 
 22.36  and other factors; 
 23.1      (3) the number and qualifications of members on each team; 
 23.2      (3) (4) the responsibilities of regional hazardous 
 23.3   materials response teams; 
 23.4      (4) (5) equipment needed for regional hazardous materials 
 23.5   response teams; 
 23.6      (5) (6) procedures for selecting and contracting with local 
 23.7   governments or nonpublic persons to establish regional hazardous 
 23.8   materials response teams; 
 23.9      (6) (7) procedures for dispatching teams at the request of 
 23.10  local governments; 
 23.11     (7) (8) a fee schedule for reimbursing local governments or 
 23.12  nonpublic persons responding to an incident; and 
 23.13     (8) (9) coordination with other state departments and 
 23.14  agencies, local units of government, other states, Indian 
 23.15  tribes, the federal government, and other nonpublic persons.  
 23.16     Sec. 35.  Minnesota Statutes 2000, section 609.035, is 
 23.17  amended by adding a subdivision to read: 
 23.18     Subd. 7.  [EXCEPTION:  ACTS OF TERRORISM.] Notwithstanding 
 23.19  subdivision 1 or section 609.04, a prosecution or conviction of 
 23.20  a violation of section 609B.08 is not a bar to a conviction of 
 23.21  or punishment for committing the felony described in section 
 23.22  609B.28, subdivision 2, or 609.625 or for any other crime 
 23.23  committed by the defendant as part of the same conduct.  If an 
 23.24  offender is punished for more than one crime as authorized by 
 23.25  this subdivision and the court imposes consecutive sentences for 
 23.26  the crimes, the consecutive sentences are not a departure from 
 23.27  the sentencing guidelines. 
 23.28     Sec. 36.  Minnesota Statutes 2000, section 609.185, is 
 23.29  amended to read: 
 23.30     609.185 [MURDER IN THE FIRST DEGREE.] 
 23.31     Whoever does any of the following is guilty of murder in 
 23.32  the first degree and shall be sentenced to imprisonment for life:
 23.33     (1) causes the death of a human being with premeditation 
 23.34  and with intent to effect the death of the person or of another; 
 23.35     (2) causes the death of a human being while committing or 
 23.36  attempting to commit criminal sexual conduct in the first or 
 24.1   second degree with force or violence, either upon or affecting 
 24.2   the person or another; 
 24.3      (3) causes the death of a human being with intent to effect 
 24.4   the death of the person or another, while committing or 
 24.5   attempting to commit burglary, aggravated robbery, kidnapping, 
 24.6   arson in the first or second degree, a drive-by shooting, 
 24.7   tampering with a witness in the first degree, escape from 
 24.8   custody, or any felony violation of chapter 152 involving the 
 24.9   unlawful sale of a controlled substance; 
 24.10     (4) causes the death of a peace officer or a guard employed 
 24.11  at a Minnesota state or local correctional facility, with intent 
 24.12  to effect the death of that person or another, while the peace 
 24.13  officer or guard is engaged in the performance of official 
 24.14  duties; 
 24.15     (5) causes the death of a minor while committing child 
 24.16  abuse, when the perpetrator has engaged in a past pattern of 
 24.17  child abuse upon the child and the death occurs under 
 24.18  circumstances manifesting an extreme indifference to human life; 
 24.19  or 
 24.20     (6) causes the death of a human being while committing 
 24.21  domestic abuse, when the perpetrator has engaged in a past 
 24.22  pattern of domestic abuse upon the victim or upon another family 
 24.23  or household member and the death occurs under circumstances 
 24.24  manifesting an extreme indifference to human life; or 
 24.25     (7) causes the death of a human being while committing any 
 24.26  felony violation of chapter 609B involving terrorism. 
 24.27     For purposes of clause (5), "child abuse" means an act 
 24.28  committed against a minor victim that constitutes a violation of 
 24.29  the following laws of this state or any similar laws of the 
 24.30  United States or any other state:  section 609.221; 609.222; 
 24.31  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
 24.32  609.377; 609.378; or 609.713. 
 24.33     For purposes of clause (6), "domestic abuse" means an act 
 24.34  that: 
 24.35     (1) constitutes a violation of section 609.221, 609.222, 
 24.36  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 25.1   609.713, or any similar laws of the United States or any other 
 25.2   state; and 
 25.3      (2) is committed against the victim who is a family or 
 25.4   household member as defined in section 518B.01, subdivision 2, 
 25.5   paragraph (b). 
 25.6      Sec. 37.  Minnesota Statutes 2000, section 609.531, 
 25.7   subdivision 1, is amended to read: 
 25.8      Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 25.9   609.531 to 609.5318, the following terms have the meanings given 
 25.10  them.  
 25.11     (a) "Conveyance device" means a device used for 
 25.12  transportation and includes, but is not limited to, a motor 
 25.13  vehicle, trailer, snowmobile, airplane, and vessel and any 
 25.14  equipment attached to it.  The term "conveyance device" does not 
 25.15  include property which is, in fact, itself stolen or taken in 
 25.16  violation of the law.  
 25.17     (b) "Weapon used" means a dangerous weapon as defined under 
 25.18  section 609.02, subdivision 6, that the actor used or had in 
 25.19  possession in furtherance of a crime.  
 25.20     (c) "Property" means property as defined in section 609.52, 
 25.21  subdivision 1, clause (1).  
 25.22     (d) "Contraband" means property which is illegal to possess 
 25.23  under Minnesota law.  
 25.24     (e) "Appropriate agency" means the bureau of criminal 
 25.25  apprehension, the Minnesota state patrol, a county sheriff's 
 25.26  department, the suburban Hennepin regional park district park 
 25.27  rangers, the department of natural resources division of 
 25.28  enforcement, the University of Minnesota police department, or a 
 25.29  city or airport police department.  
 25.30     (f) "Designated offense" includes:  
 25.31     (1) for weapons used:  any violation of this chapter, 
 25.32  chapter 152, chapter 609B, or chapter 624; 
 25.33     (2) for any violation of chapter 609B or a felony violation 
 25.34  of, or a felony-level attempt or conspiracy to violate, section 
 25.35  609.625, subdivision 4; 609.532, subdivision 3, clause (3); 
 25.36  609.713; or a gross misdemeanor violation of section 609.605; 
 26.1   and 
 26.2      (3) for all other purposes:  a felony violation of, or a 
 26.3   felony-level attempt or conspiracy to violate, section 325E.17; 
 26.4   325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 26.5   609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 26.6   609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 26.7   1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 26.8   (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 26.9   and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 26.10  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 26.11  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 26.12  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 26.13  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 26.14  609.895; 617.246; or a gross misdemeanor or felony violation of 
 26.15  section 609.891 or 624.7181; or any violation of section 609.324.
 26.16     (g) "Controlled substance" has the meaning given in section 
 26.17  152.01, subdivision 4.  
 26.18     Sec. 38.  Minnesota Statutes 2000, section 609.532, 
 26.19  subdivision 3, is amended to read: 
 26.20     Subd. 3.  [ISSUANCE OF A COURT ORDER.] If the court finds 
 26.21  that (1) there is probable cause that the account holder was 
 26.22  involved in the commission of a felony; (2) the accounts of the 
 26.23  account holder are specifically identified; (3) there was a loss 
 26.24  of $10,000 or more as a result of the commission of the alleged 
 26.25  felony, or the account holder is charged with murder, attempted 
 26.26  murder, conspiracy to commit murder, or a violation of section 
 26.27  609.668 prohibited acts involving explosive or incendiary 
 26.28  devices, section 609.712 use or possession of a biological 
 26.29  agent, toxic chemical or toxin, section 609.713 terroristic 
 26.30  threats, or a terroristic crime under chapter 609B; and (4) it 
 26.31  is necessary to freeze the account holder's funds or assets to 
 26.32  ensure eventual restitution to victims of the alleged offense, 
 26.33  the court may order the financial institution to freeze all or 
 26.34  part of the account holder's deposited funds or assets so that 
 26.35  the funds or assets may not be withdrawn or disposed of until 
 26.36  further order of the court. 
 27.1      Sec. 39.  [609.605] [TRESPASS ON UTILITY PROPERTY.] 
 27.2      Subdivision 1.  [PENALTIES.] If a person trespasses upon 
 27.3   real property containing any equipment or facility used by a 
 27.4   pipeline or a utility to provide pipeline or utility service, or 
 27.5   upon real property of a critical public service facility, and 
 27.6   does so: 
 27.7      (1) with intent to tamper, damage, or otherwise disrupt 
 27.8   either the safe operation of the pipeline or utility equipment 
 27.9   or facility or the provision of services by a critical public 
 27.10  service facility, the person is guilty of a felony; or 
 27.11     (2) without claim of right or consent of one who has the 
 27.12  right to give consent to be on the property, the person is 
 27.13  guilty of a gross misdemeanor. 
 27.14     Subd. 2.  [DETENTION AUTHORITY; LIABILITY.] An employee, or 
 27.15  other person, designated by a pipeline, utility, or critical 
 27.16  public service facility to ensure the safe operation of the 
 27.17  equipment or facility of the pipeline or utility or the 
 27.18  provision of services by a critical public service facility who 
 27.19  has a reasonable suspicion to believe that a person is 
 27.20  committing the offense described in subdivision 1, may detain 
 27.21  the person in a reasonable manner for a reasonable period of 
 27.22  time pending the arrival of a peace officer.  The employee or 
 27.23  other designated person is not liable, either criminally or 
 27.24  civilly, for any action authorized under this subdivision if the 
 27.25  person's action is based on a reasonable suspicion. 
 27.26     Subd. 3.  [ARREST AUTHORITY.] A peace officer may arrest a 
 27.27  person without a warrant if the officer has probable cause to 
 27.28  believe the person violated this subdivision within the 
 27.29  preceding four hours.  The arrest may be made even though the 
 27.30  violation did not occur in the presence of the peace officer. 
 27.31     Subd. 4.  [DEFINITIONS.] For purposes of this section: 
 27.32     (a) "Critical public service facility" includes railroad 
 27.33  stations, bus stations, airports, and other mass transit 
 27.34  facilities; oil refineries; storage areas or facilities for 
 27.35  hazardous materials, hazardous substances, or hazardous wastes; 
 27.36  and bridges. 
 28.1      (b) "Pipeline" means a pipeline subject to Code of Federal 
 28.2   Regulations, title 49, parts 192 and 195. 
 28.3      (c) "Utility" includes (1) any organization defined as a 
 28.4   utility in section 216C.06, subdivision 5, or that is subject to 
 28.5   the regulations of the federal Nuclear Regulatory Agency or 
 28.6   Department of Energy, (2) any telecommunications carrier or 
 28.7   telephone company regulated under chapter 237 or subject to the 
 28.8   regulations of the Federal Communications Commission, and (3) 
 28.9   any local utility or enterprise formed for the purpose of 
 28.10  providing electrical or gas heating and power, telephone, water, 
 28.11  sewage, wastewater, or other related utility service, which is 
 28.12  owned, controlled, or regulated by a town, a statutory or home 
 28.13  rule charter city, a county, a port development authority, the 
 28.14  metropolitan council, a district heating authority, a regional 
 28.15  commission or other regional government unit, or a combination 
 28.16  of these governmental units. 
 28.17     Sec. 40.  Minnesota Statutes 2000, section 609.625, is 
 28.18  amended by adding a subdivision to read: 
 28.19     Subd. 4.  [FURTHERING TERRORISTIC ACTIVITY.] (a) Whoever 
 28.20  commits an offense described in section 171.22, subdivision 1, 
 28.21  or 609.63, with intent to assist or in any other way facilitate 
 28.22  an act of terrorism, is guilty of a felony and may be sentenced 
 28.23  to imprisonment for not more than ten years or to payment of a 
 28.24  fine of not more than $20,000, or both. 
 28.25     (b) A court may provide that all or any part of the fine 
 28.26  imposed be disbursed as restitution to any victims of a crime 
 28.27  committed contemporaneously with commission of the felony 
 28.28  described in paragraph (a). 
 28.29     Sec. 41.  Minnesota Statutes 2000, section 609.713, is 
 28.30  amended to read: 
 28.31     609.713 [TERRORISTIC THREATS.] 
 28.32     Subdivision 1.  Whoever threatens, directly or indirectly, 
 28.33  to commit any crime of violence with purpose to terrorize 
 28.34  another or to cause evacuation of a building, place of assembly, 
 28.35  vehicle or facility of public transportation or otherwise to 
 28.36  cause serious public inconvenience place, whether a building or 
 29.1   not, or disruption of another's activities, or in a reckless 
 29.2   disregard of the risk of causing such terror or inconvenience, 
 29.3   evacuation, or disruption may be sentenced to imprisonment for 
 29.4   not more than five years or to payment of a fine of not more 
 29.5   than $10,000, or both.  As used in this subdivision, "crime of 
 29.6   violence" has the meaning given "violent crime" in section 
 29.7   609.1095, subdivision 1, paragraph (d). 
 29.8      Subd. 2.  Whoever communicates to another with purpose to 
 29.9   terrorize another or in reckless disregard of the risk of 
 29.10  causing such terror, that explosives or an explosive device or 
 29.11  any incendiary device is present at a named place or location, 
 29.12  whether or not the same is in fact present, may be sentenced to 
 29.13  imprisonment for not more than three ten years or to payment of 
 29.14  a fine of not more than $3,000 $20,000, or both.  
 29.15     Subd. 3.  (a) Whoever displays, exhibits, brandishes, or 
 29.16  otherwise employs a replica firearm or a BB gun in a threatening 
 29.17  manner, may be sentenced to imprisonment for not more than one 
 29.18  year and one day or to payment of a fine of not more than 
 29.19  $3,000, or both, if, in doing so, the person either:  
 29.20     (1) causes or attempts to cause terror in another person; 
 29.21  or 
 29.22     (2) acts in reckless disregard of the risk of causing 
 29.23  terror in another person.  
 29.24     (b) For purposes of this subdivision: 
 29.25     (1) "BB gun" means a device that fires or ejects a shot 
 29.26  measuring .18 of an inch or less in diameter; and 
 29.27     (2) "replica firearm" means a device or object that is not 
 29.28  defined as a dangerous weapon, and that is a facsimile or toy 
 29.29  version of, and reasonably appears to be a pistol, revolver, 
 29.30  shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher, 
 29.31  or any other firearm.  The term replica firearm includes, but is 
 29.32  not limited to, devices or objects that are designed to fire 
 29.33  only blanks.  
 29.34     Subd. 4.  [THREATS OF BIOLOGICAL AGENTS, TOXIC CHEMICALS, 
 29.35  OR TOXINS.] Whoever with intent to terrorize another or cause 
 29.36  evacuation of a place, whether a building or not, or disruption 
 30.1   of another's activities, or with reckless disregard of the risk 
 30.2   of causing such terror, evacuation, or disruption, displays, 
 30.3   releases, exhibits, threatens, or communicates, whether directly 
 30.4   or indirectly, that a biological agent, toxic chemical, or toxin 
 30.5   as defined in section 609.712, subdivision 1, or a simulated 
 30.6   substance which would cause a reasonable person to believe that 
 30.7   the substance was a biological agent, toxic chemical, or toxin, 
 30.8   is or will be present or introduced at a place or location, or 
 30.9   will be used to cause death, disease, or injury to another or to 
 30.10  another's property, whether or not the same is in fact present, 
 30.11  introduced, or used, may be sentenced to imprisonment for not 
 30.12  more than ten years or to payment of a fine of not more than 
 30.13  $20,000, or both. 
 30.14     Sec. 42.  Minnesota Statutes 2000, section 626A.05, 
 30.15  subdivision 2, is amended to read: 
 30.16     Subd. 2.  [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL 
 30.17  COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing 
 30.18  interception of wire, electronic, or oral communications by 
 30.19  investigative or law enforcement officers may only be issued 
 30.20  when the interception may provide evidence of the commission of, 
 30.21  or of an attempt or conspiracy to commit, any of the following 
 30.22  offenses:  
 30.23     (1) a felony offense involving murder, manslaughter, 
 30.24  assault in the first, second, and third degrees, aggravated 
 30.25  robbery, kidnapping, criminal sexual conduct in the first, 
 30.26  second, and third degrees, prostitution, bribery, perjury, 
 30.27  escape from custody, theft, receiving stolen property, 
 30.28  embezzlement, burglary in the first, second, and third degrees, 
 30.29  forgery, aggravated forgery, check forgery, or financial 
 30.30  transaction card fraud, as punishable under sections 609.185, 
 30.31  609.19, 609.195, 609.20, 609.221, 609.222, 609.223, 609.2231, 
 30.32  609.245, 609.25, 609.321 to 609.324, 609.342, 609.343, 609.344, 
 30.33  609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause 
 30.34  (1), 609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 
 30.35  609.821, and 609.825; 
 30.36     (2) an offense relating to gambling or controlled 
 31.1   substances, as punishable under section 609.76 or chapter 152; 
 31.2   or 
 31.3      (3) an offense relating to restraint of trade defined in 
 31.4   section 325D.53, subdivision 1 or 2, as punishable under section 
 31.5   325D.56, subdivision 2; or 
 31.6      (4) an offense relating to terrorism, as punishable under 
 31.7   chapter 609B. 
 31.8      Sec. 43.  [626A.066] [PROCEDURE FOR INTERCEPTION OF 
 31.9   TERRORIST COMMUNICATIONS.] 
 31.10     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 31.11  "terrorism" has the meaning given in section 609B.05. 
 31.12     Subd. 2.  [ACT OF TERRORISM; REQUIREMENTS 
 31.13  INAPPLICABLE.] Notwithstanding any other provision in this 
 31.14  chapter, whenever a county attorney, special attorney general, 
 31.15  or their designee reasonably determines that an act of terrorism 
 31.16  is in imminent danger of being perpetrated, the requirements of 
 31.17  section 626A.06, subdivision 1, clause (b)(ii), and subdivision 
 31.18  3, clause (d), relating to the specification of the facilities 
 31.19  from which, or the place where, the communication is to be 
 31.20  intercepted do not apply if the conditions specified in 
 31.21  subdivisions 3 and 4 are met. 
 31.22     Subd. 3.  [TERRORIST INTERCEPTION.] In lieu of the 
 31.23  requirements excepted in subdivision 2, application shall be 
 31.24  made containing a full statement as to why the specification is 
 31.25  not practical and identifying the person or persons committing 
 31.26  the terroristic act and whose communications are to be 
 31.27  intercepted. 
 31.28     Subd. 4.  [ORAL COMMUNICATION.] The judge may grant the 
 31.29  application for an oral communication if the judge finds that: 
 31.30     (1) the specification is not practical; and 
 31.31     (2) the order sought identifies the person or persons 
 31.32  sought committing the terrorist act. 
 31.33     Subd. 5.  [WIRE AND ELECTRONIC COMMUNICATIONS.] The judge 
 31.34  may grant an application for a wire or electronic communication 
 31.35  interception if the judge finds: 
 31.36     (1) the application identifies the person or persons 
 32.1   committing the terroristic act and whose communications are to 
 32.2   be intercepted; and 
 32.3      (2) the applicant shows that there is probable cause to 
 32.4   believe the person's or persons' actions could have the effect 
 32.5   of thwarting interception from a specified facility. 
 32.6      Sec. 44.  [REVISOR INSTRUCTION.] 
 32.7      The revisor of statutes shall renumber Minnesota Statutes, 
 32.8   section 609.713, as section 609B.15 and change affected 
 32.9   cross-references accordingly. 
 32.10     Sec. 45.  [REPEALER.] 
 32.11     (a) Minnesota Statutes 2000, section 299A.50, subdivision 
 32.12  3, is repealed. 
 32.13     (b) Minnesota Statutes 2001 Supplement, section 35.0661, 
 32.14  subdivision 4, is repealed.  
 32.15     Sec. 46.  [EFFECTIVE DATE.] 
 32.16     Sections 1 to 34 are effective the day after final 
 32.17  enactment.  Sections 35 to 45 are effective the day after final 
 32.18  enactment and apply to crimes committed on or after that date. 
 32.19                             ARTICLE 2 
 32.20                             TERRORISM 
 32.21     Section 1.  [609B.05] [TERRORISM; DEFINITIONS.] 
 32.22     For purposes of this chapter, the terms defined in this 
 32.23  section have the meanings given them. 
 32.24     (a) "Crime of violence" has the meaning given it in section 
 32.25  624.712, subdivision 5. 
 32.26     (b) "Government" means the United States, any state, 
 32.27  county, municipality, or other political unit, or any 
 32.28  department, agency, or subdivision of any of the foregoing, or 
 32.29  any corporation or other association carrying out the functions 
 32.30  of government. 
 32.31     (c) "Serious bodily injury" means bodily injury which 
 32.32  creates a substantial risk of death or which causes serious, 
 32.33  permanent disfigurement, or protracted loss or impairment of the 
 32.34  function of any bodily member or organ. 
 32.35     (d) "Terror" means the menace or fear of death or serious 
 32.36  bodily injury. 
 33.1      (e) "Terrorize" means to convey the menace or fear of death 
 33.2   or serious bodily injury by words or actions. 
 33.3      Sec. 2.  [609B.08] [TERRORISM.] 
 33.4      (a) A person is guilty of the crime of terrorism if the 
 33.5   person commits or attempts, conspires, or threatens to commit a 
 33.6   crime of violence with the purpose to terrorize a civilian 
 33.7   population or influence the policy or affect the conduct of 
 33.8   government by terror. 
 33.9      (b) A person who commits the crime of terrorism may be 
 33.10  sentenced to imprisonment for not more than 30 years or to a 
 33.11  payment of a fine of not more than $40,000, or both. 
 33.12     (c) A person who commits the crime of terrorism resulting 
 33.13  in the death of another is guilty of murder in the first degree 
 33.14  under section 609.185, clause (7). 
 33.15     Sec. 3.  [609B.10] [HINDERING APPREHENSION OR PROSECUTION 
 33.16  FOR TERRORISM.] 
 33.17     (a) A person commits a crime if, with purpose to hinder the 
 33.18  detention, apprehension, investigation, prosecution, conviction, 
 33.19  or punishment of another for the crime of terrorism, the person: 
 33.20     (1) harbors or conceals the other; 
 33.21     (2) provides or aids in providing a weapon, money, 
 33.22  transportation, disguise, or other means of avoiding discovery 
 33.23  or apprehension or effecting escape; 
 33.24     (3) suppresses, by way of concealment or destruction, any 
 33.25  evidence of the crime, or tampers with a witness, informant, 
 33.26  document, or other source of information, regardless of its 
 33.27  admissibility in evidence, which might aid in the discovery or 
 33.28  apprehension of such person or in the lodging of a charge 
 33.29  against the person; 
 33.30     (4) warns the other person of impending discovery or 
 33.31  apprehension, except that this paragraph does not apply to a 
 33.32  warning given in connection with an effort to bring another into 
 33.33  compliance with law; 
 33.34     (5) prevents or obstructs, by means of force, intimidation, 
 33.35  or deception, anyone from performing an act which might aid in 
 33.36  the discovery or apprehension of such person or in the lodging 
 34.1   of a charge against the person; 
 34.2      (6) aids such person to protect or expeditiously profit 
 34.3   from an advantage derived from such crime; or 
 34.4      (7) gives false information to a law enforcement officer. 
 34.5      (b) A person who violates paragraph (a) may be sentenced to 
 34.6   imprisonment for not more than ten years or to a payment of a 
 34.7   fine of not more than $20,000, or both. 
 34.8      (c) A person who violates paragraph (a) resulting in the 
 34.9   death of another is guilty of murder in the first degree under 
 34.10  section 609.185, clause (7). 
 34.11     Sec. 4.  [609B.18] [SOLICITATION TO COMMIT TERRORISM.] 
 34.12     A person who aids terrorism through financial 
 34.13  contributions, or collects material support or resources knowing 
 34.14  that the material support or resources will be used to further 
 34.15  an act of terrorism, is guilty of committing solicitation to 
 34.16  commit terrorism and may be sentenced to imprisonment for not 
 34.17  more than ten years or to payment of a fine of not more than 
 34.18  $20,000. 
 34.19     Sec. 5.  [609B.25] [BIOLOGICAL AGENTS, TOXIC CHEMICALS, OR 
 34.20  TOXINS.] 
 34.21     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 34.22  following terms have the meanings given them in this subdivision.
 34.23     (a) "Biological agent" means any microorganism, virus, 
 34.24  infectious substance, or biological product that may be 
 34.25  engineered as a result of biotechnology, or any naturally 
 34.26  occurring or bioengineered component of any such microorganism, 
 34.27  virus, infectious substance, or biological product capable of 
 34.28  causing:  
 34.29     (1) death, disease, or other biological malfunction in a 
 34.30  human, animal, plant, or another living organism; 
 34.31     (2) deterioration of food, water, equipment, supplies, or 
 34.32  material of any kind; or 
 34.33     (3) deleterious alteration of the environment. 
 34.34     (b) "Toxin" means the toxic material of plants, animals, 
 34.35  microorganisms, viruses, fungi, or infectious substances, or a 
 34.36  recombinant molecule, whatever its origin or method of 
 35.1   production, including:  
 35.2      (1) any poisonous substance or biological product that may 
 35.3   be engineered as a result of biotechnology or produced by a 
 35.4   living organism; or 
 35.5      (2) any poisonous isomer or biological product, homolog, or 
 35.6   derivative of such a substance. 
 35.7      (c) "Toxic chemical" means any chemical which through its 
 35.8   chemical action on life processes can cause death, temporary 
 35.9   incapacitation, or permanent harm to humans or animals.  The 
 35.10  term includes all such chemicals, regardless of their origin or 
 35.11  of their method of production, and regardless of whether they 
 35.12  are produced in facilities or other places. 
 35.13     Subd. 2.  [USE OR POSSESSION.] (a) Whoever acquires, 
 35.14  transfers, retains, possesses, uses, or employs a biological 
 35.15  agent, toxic chemical, or toxin with intent to cause death, 
 35.16  disease, or injury to another or to the property of another may 
 35.17  be sentenced to imprisonment for not more than 25 years or to 
 35.18  payment of a fine of not more than $100,000, or both.  
 35.19     (b) The penalties prescribed in paragraph (a) do not apply 
 35.20  to a person using pesticides under chapter 18B or fertilizers or 
 35.21  other chemicals under chapter 18C if done in accordance with 
 35.22  those chapters. 
 35.23     (c) Notwithstanding section 609.04, a prosecution for or 
 35.24  conviction of this section is not a bar to conviction of or 
 35.25  punishment for any other crime committed during the time of or 
 35.26  as a result of the use or possession of a biological agent, 
 35.27  toxic chemical, or toxin. 
 35.28     Sec. 6.  [609B.28] [USING HAZARDOUS MATERIAL FOR ACT OF 
 35.29  TERRORISM.] 
 35.30     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 35.31  "hazardous material" has the meaning given it in section 299A.49 
 35.32  and includes all hazardous materials, radioactive materials, 
 35.33  infectious agents, etiologic agents, explosives, flammable 
 35.34  agents, and other substances that pose a danger to life and that 
 35.35  are subject to the federal regulations in Code of Federal 
 35.36  Regulations, title 42, section 72.3, or title 49, part 172, 
 36.1   subpart F. 
 36.2      Subd. 2.  [CRIME TO TAMPER WITH TERRORISTIC INTENT.] A 
 36.3   person is guilty of a felony if the person tampers, attempts to 
 36.4   tamper, or conspires to tamper with any vehicle or equipment 
 36.5   being used for the containment, storage, or transportation of 
 36.6   hazardous material with the intent to aid or commit an act of 
 36.7   terrorism. 
 36.8      Subd. 3.  [PENALTY; RESTITUTION.] (a) A person convicted of 
 36.9   committing a crime described in subdivision 2 is subject to 
 36.10  imprisonment for not more than ten years and to payment of a 
 36.11  fine not to exceed $100,000 for each participating person and, 
 36.12  if an organization, to payment of a fine not to exceed 
 36.13  $1,000,000. 
 36.14     (b) A court may provide that all or any part of the fine 
 36.15  imposed be disbursed as restitution to any victims of a crime 
 36.16  described in subdivision 2 or of another crime committed 
 36.17  contemporaneously with or as part of the same conduct in the 
 36.18  commission of, or in a scheme to commit, an act of terrorism. 
 36.19     Sec. 7.  [EFFECTIVE DATE.] 
 36.20     Sections 1 to 6 are effective the day after final enactment 
 36.21  and apply to crimes committed on or after that date. 
 36.22                             ARTICLE 3 
 36.23            APPROPRIATIONS FOR ANTITERRORIST INITIATIVES 
 36.24  Section 1.  [PUBLIC SAFETY AND OTHER AGENCIES APPROPRIATIONS.] 
 36.25     The sums shown in the columns marked "APPROPRIATIONS" are 
 36.26  appropriated from the general fund, or another fund named, to 
 36.27  the agencies and for the purposes specified in this article, to 
 36.28  be available for the fiscal years indicated for each purpose.  
 36.29  The figures "2002" and "2003" where used in this article, mean 
 36.30  that the appropriation or appropriations listed under them are 
 36.31  available for the year ending June 30, 2002, or June 30, 2003, 
 36.32  respectively. 
 36.33                                             APPROPRIATIONS 
 36.34                                         Available for the Year 
 36.35                                             Ending June 30 
 36.36                                            2002         2003 
 36.37  Sec. 2.  PUBLIC SAFETY                   $85,000     $1,633,000 
 37.1   This appropriation is for antiterrorism 
 37.2   initiatives, including bomb disposal 
 37.3   response, hazardous materials response, 
 37.4   collapse structure capability, capitol 
 37.5   security, weapons of mass destruction 
 37.6   coordination training and exercise, and 
 37.7   data management systems. 
 37.8   Of this amount, $124,500 the second 
 37.9   year is for transfer to the department 
 37.10  of administration for card readers and 
 37.11  expanded camera coverage of the capitol 
 37.12  area. 
 37.13  The base for these activities is 
 37.14  $1,205,000 for the fiscal year 
 37.15  beginning July 1, 2003. 
 37.16  Sec. 3.  AGRICULTURE                        -0-       1,012,000 
 37.17  This appropriation is for domestic 
 37.18  terrorism preparedness and response 
 37.19  activities, including planning, 
 37.20  training, identification and detection, 
 37.21  and response.  Funds will be used to 
 37.22  develop and coordinate the department 
 37.23  of agriculture's emergency response 
 37.24  activities, procedures, and protocols; 
 37.25  implement the food safety and 
 37.26  agricultural security data management 
 37.27  system; and provide emergency response 
 37.28  training and increased laboratory 
 37.29  capacity.  The base funding for these 
 37.30  activities is $1,324,000 for the fiscal 
 37.31  year beginning July 1, 2003, and 
 37.32  $1,418,000 for the fiscal year 
 37.33  beginning July 1, 2004. 
 37.34  Sec. 4.  BOARD OF ANIMAL HEALTH             -0-         128,000 
 37.35  This appropriation is for domestic 
 37.36  terrorism preparedness and response 
 37.37  activities.  The base funding for these 
 37.38  activities is $118,000 for the fiscal 
 37.39  year beginning July 1, 2003. 
 37.40     Sec. 5.  [EFFECTIVE DATE.] 
 37.41     Sections 1 to 4 are effective the day after final enactment.