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Minnesota Legislature

Office of the Revisor of Statutes

SF 7

1st Engrossment - 82nd Legislature, 2001 1st Special Session (2001 - 2002) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

  1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money for 
  1.3             the department of transportation and other government 
  1.4             agencies with certain conditions; establishing, 
  1.5             funding, or regulating certain transportation, public 
  1.6             safety, and criminal justice prevention policies, 
  1.7             programs, duties, activities, or practices; modifying 
  1.8             provisions relating to transportation, public safety, 
  1.9             criminal justice, the judiciary, law enforcement, 
  1.10            corrections, crime victims, controlled substances, 
  1.11            criMNet, racial profiling, predatory offender 
  1.12            registration, domestic violence, driving while 
  1.13            impaired, streets and highways, design-build 
  1.14            construction, motor vehicles, traffic regulations, 
  1.15            local governments, and state and regional agencies and 
  1.16            authorities; requiring studies and reports; making 
  1.17            technical, conforming, and clarifying changes; 
  1.18            imposing penalties; setting fines, surcharges, and 
  1.19            fees; amending Minnesota Statutes 2000, sections 
  1.20            2.722, subdivision 1; 2.724, subdivision 3; 13.87, by 
  1.21            adding a subdivision; 16A.641, subdivision 8; 16B.54, 
  1.22            subdivision 2; 16C.05, subdivision 2; 16C.06, 
  1.23            subdivisions 1, 2; 117.51; 152.02, subdivision 2; 
  1.24            152.022, subdivision 1; 152.023, subdivision 2; 
  1.25            161.082, subdivision 2a; 161.14, by adding a 
  1.26            subdivision; 161.23, subdivision 3; 161.32, 
  1.27            subdivisions 1, 1a, 1b, 1e; 162.06, subdivision 3; 
  1.28            162.12, subdivision 3; 167.51, subdivision 2; 168.011, 
  1.29            subdivision 7; 168.012, subdivision 1; 168.013, 
  1.30            subdivision 1d; 168.09, subdivision 7; 168.12, 
  1.31            subdivision 1; 168.1291, subdivision 1; 168.27, 
  1.32            subdivisions 12a, 20; 168.33, subdivision 7; 168.381; 
  1.33            169.09, subdivisions 8, 9, 10; 169.18, subdivision 1, 
  1.34            by adding a subdivision; 169.67, subdivision 3; 
  1.35            169.79; 169A.03, subdivision 12; 169A.07; 169A.20, 
  1.36            subdivision 3; 169A.25; 169A.26; 169A.27; 169A.275; 
  1.37            169A.277, subdivision 2; 169A.28, subdivision 2; 
  1.38            169A.283, subdivision 1; 169A.35, subdivision 1, by 
  1.39            adding a subdivision; 169A.37, subdivision 1; 169A.40, 
  1.40            subdivision 3; 169A.41, subdivision 2; 169A.51, 
  1.41            subdivision 7; 169A.54, subdivision 6; 169A.60, 
  1.42            subdivisions 1, 13, 14; 169A.63, subdivisions 1, 10; 
  1.43            171.07, subdivision 1; 171.09; 171.183, subdivision 1; 
  1.44            171.29, subdivision 2; 171.39; 174.24, subdivision 3b; 
  1.45            174.35; 174.55, subdivisions 4, 5; 174.70, 
  1.46            subdivisions 2, 3; 174.88, subdivision 2; 222.63, 
  2.1             subdivision 4; 237.04; 243.166, subdivisions 1, 3, 4a, 
  2.2             6; 243.167, subdivision 1; 296A.18, subdivision 3; 
  2.3             297A.70, subdivision 2, as amended; 297B.09, 
  2.4             subdivision 1; 299A.01, subdivision 1b; 299A.41, 
  2.5             subdivision 4; 299A.64, subdivision 1; 299A.75, 
  2.6             subdivision 1, by adding subdivisions; 299C.10, 
  2.7             subdivision 1; 299C.11; 299C.147, subdivision 2; 
  2.8             299C.65, subdivisions 1, 2; 299F.058, subdivision 2; 
  2.9             343.20, by adding subdivisions; 343.21, subdivisions 
  2.10            9, 10, by adding a subdivision; 343.235, subdivisions 
  2.11            1, 3; 347.50, subdivision 1, by adding a subdivision; 
  2.12            347.51, subdivisions 2, 9, by adding a subdivision; 
  2.13            347.52; 347.55; 357.021, subdivisions 6, 7; 446A.085; 
  2.14            466.03, by adding a subdivision; 473.13, by adding a 
  2.15            subdivision; 473.146, subdivision 4; 473.399, by 
  2.16            adding a subdivision; 473.859, subdivision 2; 480.182; 
  2.17            518B.01, subdivisions 2, 3, 6, 14, 18; 609.02, by 
  2.18            adding a subdivision; 609.035, subdivision 2; 609.117; 
  2.19            609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 
  2.20            4; 609.2244, subdivision 2; 609.487, subdivision 4; 
  2.21            609.495, subdivisions 1, 3; 609.521; 609.748, 
  2.22            subdivisions 6, 8; 609.749, subdivisions 4, 5; 
  2.23            611.272; 611A.201, subdivision 2; 611A.25, subdivision 
  2.24            3; 611A.361, subdivision 3; 611A.74, subdivision 1; 
  2.25            617.247, subdivision 3, as amended; 626.52, by adding 
  2.26            a subdivision; 629.471, subdivision 2; 629.72; Laws 
  2.27            1996, chapter 408, article 2, section 16; Laws 1997, 
  2.28            chapter 159, article 2, section 4; Laws 1999, chapter 
  2.29            238, article 1, section 2, subdivision 7; Laws 2000, 
  2.30            chapter 479, article 1, section 3, subdivision 3; Laws 
  2.31            2000, chapter 490, article 7, section 3; Laws 2001, 
  2.32            chapter 161, section 58; proposing coding for new law 
  2.33            in Minnesota Statutes, chapters 161; 167; 168A; 169A; 
  2.34            174; 219; 299A; 299C; 347; 473; 518B; 609; 626; 
  2.35            repealing Minnesota Statutes 2000, sections 174.22, 
  2.36            subdivision 9; 243.166, subdivision 10; 347.51, 
  2.37            subdivision 6; 609.2244, subdivision 4; 626.55, 
  2.38            subdivision 2. 
  2.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.40                             ARTICLE 1
  2.41                 TRANSPORTATION AND OTHER AGENCIES
  2.42                           APPROPRIATIONS
  2.43  Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
  2.44     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.45  appropriated from the general fund, or another named fund, to 
  2.46  the agencies and for the purposes specified in this article, to 
  2.47  be available for the fiscal years indicated for each purpose.  
  2.48  The figures "2001," "2002," and "2003," where used in this 
  2.49  article, mean that the appropriations listed under them are 
  2.50  available for the year ending June 30, 2002, or June 30, 2003, 
  2.51  respectively.  If the figures are not used, the appropriations 
  2.52  are available for the year ending June 30, 2002, or June 30, 
  2.53  2003, respectively.  The term "first year" means the year ending 
  2.54  June 30, 2002, and the term "second year" means the year ending 
  3.1   June 30, 2003. 
  3.2                           SUMMARY BY FUND
  3.3                2001       2002          2003           TOTAL
  3.4   General  $13,725,000 $ 98,398,000   $ 98,680,000   $210,803,000
  3.5   Airports               20,807,000     20,548,000     41,355,000 
  3.6   C.S.A.H.              405,330,000    418,113,000    823,443,000 
  3.7   Highway 
  3.8   User         875,000   11,753,000     11,386,000     24,014,000 
  3.9   M.S.A.S.              106,469,000    109,827,000    216,296,000 
  3.10  Special Revenue           979,000        994,000      1,973,000 
  3.11  Trunk 
  3.12  Highway    445,000  1,130,974,000  1,140,591,000  2,272,010,000 
  3.13  TOTAL  $15,045,000 $1,774,710,000 $1,800,139,000 $3,589,894,000
  3.14                                             APPROPRIATIONS 
  3.15                                         Available for the Year 
  3.16                                             Ending June 30 
  3.17                            2001          2002           2003 
  3.18  Sec. 2.  TRANSPORTATION 
  3.19  Subdivision 1.  Total 
  3.20  Appropriation         $ 2,000,000 $1,592,195,000 $1,614,393,000
  3.21  The appropriations in this section are 
  3.22  from the trunk highway fund, except 
  3.23  when another fund is named. 
  3.24                Summary by Fund
  3.25           2001          2002          2003   
  3.26  General
  3.27          2,000,000    18,507,000    18,533,000
  3.28  Airports             20,757,000    20,498,000
  3.29  C.S.A.H.            405,330,000   418,113,000
  3.30  M.S.A.S.            106,469,000   109,827,000
  3.31  Trunk Highway     1,041,132,000 1,047,422,000
  3.32  The amounts that may be spent from this 
  3.33  appropriation for each program are 
  3.34  specified in the following subdivisions.
  3.35  Subd. 2.  Aeronautics                 20,748,000     20,489,000
  3.36                Summary by Fund
  3.37  Airports            20,687,000     20,428,000
  3.38  General                 50,000         50,000
  3.39  Trunk Highway           11,000         11,000
  3.40  Except as otherwise provided, the 
  3.41  appropriations in this subdivision are 
  3.42  from the state airports fund. 
  4.1   The amounts that may be spent from this 
  4.2   appropriation for each activity are as 
  4.3   follows:  
  4.4   (a) Airport Development and Assistance 
  4.5       14,298,000     14,298,000
  4.6   These appropriations must be spent 
  4.7   according to Minnesota Statutes, 
  4.8   section 360.305, subdivision 4. 
  4.9   If the appropriation for either year is 
  4.10  insufficient, the appropriation for the 
  4.11  other year is available for it. 
  4.12  (b) Aviation Support 
  4.13       6,315,000      6,053,000
  4.14  $65,000 the first year and $65,000 the 
  4.15  second year are for the civil air 
  4.16  patrol. 
  4.17  $600,000 each year is for GPS 
  4.18  navigation systems.  Of this amount, 
  4.19  $250,000 each year adds to the agency's 
  4.20  budget base. 
  4.21  $400,000 the first year and $50,000 the 
  4.22  second year are for the development of 
  4.23  on-line aircraft registration 
  4.24  capabilities. 
  4.25  (c) Air Transportation Services 
  4.26         135,000        138,000 
  4.27                Summary by Fund
  4.28  Airports                 74,000         77,000
  4.29  General                  50,000         50,000
  4.30  Trunk Highway            11,000         11,000
  4.31  The commissioner shall take all 
  4.32  feasible actions to seek a waiver from 
  4.33  the appropriate federal authorities 
  4.34  that would allow the commissioner to 
  4.35  sell the airplane described in Laws 
  4.36  1997, chapter 159, article 1, section 
  4.37  2, subdivision 2, clause (c).  Any 
  4.38  proceeds from the sale of the airplane 
  4.39  must be deposited in the general fund. 
  4.40  Subd. 3.  Transit                    18,339,000     18,360,000
  4.41                Summary by Fund
  4.42  General              17,999,000     18,012,000
  4.43  Trunk Highway           340,000        348,000
  4.44  The amounts that may be spent from this 
  4.45  appropriation for each activity are as 
  4.46  follows:  
  4.47  (a) Greater Minnesota Transit
  4.48  Assistance 
  5.1       17,501,000    17,501,000
  5.2   This appropriation is from the general 
  5.3   fund.  Any unencumbered balance the 
  5.4   first year does not cancel but is 
  5.5   available for the second year.  
  5.6   (b) Transit Administration   
  5.7          838,000       859,000
  5.8                 Summary by Fund
  5.9   General                 498,000       511,000
  5.10  Trunk Highway           340,000       348,000
  5.11  Subd. 4.  Railroads and
  5.12  Waterways               2,000,000      1,758,000      1,804,000
  5.13                Summary by Fund
  5.14  General   2,000,000       273,000       280,000
  5.15  Trunk Highway           1,485,000     1,524,000 
  5.16  $1,000,000 is appropriated in fiscal 
  5.17  year 2001 for the purposes defined 
  5.18  under the rail service improvement 
  5.19  program under Minnesota Statutes, 
  5.20  sections 222.46 to 222.63.  This 
  5.21  appropriation is available until spent. 
  5.22  $1,000,000 is appropriated in fiscal 
  5.23  year 2001 for port development 
  5.24  assistance grants under Minnesota 
  5.25  Statutes, chapter 457A.  Any 
  5.26  improvement made with the proceeds of 
  5.27  these grants must be owned by a public 
  5.28  body.  This appropriation is available 
  5.29  until spent. 
  5.30  Subd. 5.  Motor Carrier Regulation   4,024,000      4,123,000
  5.31                Summary by Fund
  5.32  General                 122,000       126,000
  5.33  Trunk Highway         3,902,000     3,997,000
  5.34  $500,000 each year is for commercial 
  5.35  vehicle information systems.  Of this 
  5.36  amount, $325,000 adds to the agency's 
  5.37  budget base. 
  5.38  Subd. 6.  Local Roads              511,799,000    527,940,000
  5.39                Summary by Fund
  5.40  C.S.A.H.            405,330,000   418,113,000
  5.41  M.S.A.S.            106,469,000   109,827,000
  5.42  The amounts that may be spent from this 
  5.43  appropriation for each activity are as 
  5.44  follows:  
  5.45  (a) County State Aids 
  5.46     405,330,000    418,113,000
  6.1   This appropriation is from the county 
  6.2   state-aid highway fund and is available 
  6.3   until spent.  
  6.4   (b) Municipal State Aids 
  6.5      106,469,000    109,827,000
  6.6   This appropriation is from the 
  6.7   municipal state-aid street fund and is 
  6.8   available until spent.  
  6.9   If an appropriation for either county 
  6.10  state aids or municipal state aids does 
  6.11  not exhaust the balance in the fund 
  6.12  from which it is made in the year for 
  6.13  which it is made, the commissioner of 
  6.14  finance, upon request of the 
  6.15  commissioner of transportation, shall 
  6.16  notify the chair of the transportation 
  6.17  finance committee of the house of 
  6.18  representatives and the chair of the 
  6.19  transportation budget division of the 
  6.20  senate of the amount of the remainder 
  6.21  and shall then add that amount to the 
  6.22  appropriation.  The amount added is 
  6.23  appropriated for the purposes of county 
  6.24  state aids or municipal state aids, as 
  6.25  appropriate.  
  6.26  (c) Study of Local Road 
  6.27  Program 
  6.28  (1) The commissioner shall conduct a 
  6.29  study of alternative methods of 
  6.30  establishing a local road improvement 
  6.31  program for distributing appropriations 
  6.32  made for local road improvements. 
  6.33  (2) In conducting the study, the 
  6.34  commissioner shall consider the 
  6.35  feasibility and desirability of: 
  6.36  (i) distributing money by formula among 
  6.37  counties and cities; and 
  6.38  (ii) distributing money to counties and 
  6.39  cities on a competitive-grant basis. 
  6.40  (3) In conducting the study, the 
  6.41  commissioner shall prepare and analyze 
  6.42  alternative methods of distributing 
  6.43  money that do not involve the existing 
  6.44  program framework of the county 
  6.45  state-aid highway system or municipal 
  6.46  state-aid street system, although 
  6.47  streets and highways on state-aid 
  6.48  systems may be included in any 
  6.49  alternative included in the study. 
  6.50  (4) As part of the study, the 
  6.51  commissioner shall consult with 
  6.52  representatives of local government, 
  6.53  city and county highway engineers, and 
  6.54  highway users.  The commissioner shall 
  6.55  report the results of the study to the 
  6.56  governor and legislature by February 
  6.57  15, 2002. 
  6.58  Subd. 7.  State Roads                975,975,000    988,878,000
  7.1                 Summary by Fund
  7.2   General                  9,000          9,000
  7.3   Trunk Highway      975,966,000    988,869,000
  7.4   The amounts that may be spent from this 
  7.5   appropriation for each activity are as 
  7.6   follows:  
  7.7   (a) State Road Construction 
  7.8      564,707,000    564,707,000
  7.9   It is estimated that these 
  7.10  appropriations will be funded as 
  7.11  follows:  
  7.12  Federal Highway Aid 
  7.13     275,000,000    300,000,000
  7.14  Highway User Taxes 
  7.15     289,707,000    264,707,000
  7.16  The commissioner of transportation 
  7.17  shall notify the chair of the 
  7.18  transportation budget division of the 
  7.19  senate and chair of the transportation 
  7.20  finance committee of the house of 
  7.21  representatives quarterly of any events 
  7.22  that should cause these estimates to 
  7.23  change. 
  7.24  This appropriation is for the actual 
  7.25  construction, reconstruction, and 
  7.26  improvement of trunk highways.  This 
  7.27  includes the cost of actual payment to 
  7.28  landowners for lands acquired for 
  7.29  highway rights-of-way, payment to 
  7.30  lessees, interest subsidies, and 
  7.31  relocation expenses. 
  7.32  The commissioner may transfer up to 
  7.33  $15,000,000 each year to the 
  7.34  transportation revolving loan fund. 
  7.35  The commissioner may receive money 
  7.36  covering other shares of the cost of 
  7.37  partnership projects.  These receipts 
  7.38  are appropriated to the commissioner 
  7.39  for these projects. 
  7.40  $1,000,000 the first year and 
  7.41  $1,000,000 the second year are for 
  7.42  trunk highway advantages to bus transit 
  7.43  in conjunction with highway 
  7.44  construction or reconstruction projects 
  7.45  in the commissioner's statewide 
  7.46  transportation improvement program.  
  7.47  For purposes of this appropriation, 
  7.48  "advantages to transit" includes 
  7.49  shoulder bus lanes, bus park-and-ride 
  7.50  facilities, and bus passenger waiting 
  7.51  facilities, but does not include (1) 
  7.52  any facility relating to light rail 
  7.53  transit or commuter rail or (2) bus 
  7.54  facilities or operating costs in a 
  7.55  light rail transit or commuter rail 
  7.56  corridor. 
  8.1   $5,000,000 the first year and 
  8.2   $5,000,000 the second year are for 
  8.3   acquisition of right-of-way for trunk 
  8.4   highway construction and reconstruction 
  8.5   projects in advance of final design 
  8.6   work for those projects. 
  8.7   The commissioner may not spend any 
  8.8   money from the trunk highway fund to 
  8.9   pay the operating costs of bus service 
  8.10  intended solely or primarily to 
  8.11  mitigate the effects of trunk highway 
  8.12  construction projects. 
  8.13  Until July 1, 2002, the commissioner 
  8.14  may not cancel, or remove from the 
  8.15  commissioner's statewide transportation 
  8.16  improvement program, the trunk highway 
  8.17  project that would construct a new 
  8.18  bridge across the St. Croix river at or 
  8.19  near the terminus of marked trunk 
  8.20  highway No. 36. 
  8.21  (b) Highway Debt Service 
  8.22      19,235,000     24,228,000
  8.23  $9,235,000 the first year and 
  8.24  $14,228,000 the second year are for 
  8.25  transfer to the state bond fund. 
  8.26  If this appropriation is insufficient 
  8.27  to make all transfers required in the 
  8.28  year for which it is made, the 
  8.29  commissioner of finance shall notify 
  8.30  the committee on state government 
  8.31  finance of the senate and the committee 
  8.32  on ways and means of the house of 
  8.33  representatives of the amount of the 
  8.34  deficiency and shall then transfer that 
  8.35  amount under the statutory open 
  8.36  appropriation.  
  8.37  Any excess appropriation must be 
  8.38  canceled to the trunk highway fund. 
  8.39  (c) Research and Investment Management 
  8.40      12,187,000     12,211,000
  8.41  $600,000 the first year and $600,000 
  8.42  the second year are available for 
  8.43  grants for transportation studies 
  8.44  outside the metropolitan area to 
  8.45  identify critical concerns, problems, 
  8.46  and issues.  These grants are available 
  8.47  to (1) regional development 
  8.48  commissions, and (2) in regions where 
  8.49  no regional development commission is 
  8.50  functioning, joint powers boards 
  8.51  established under agreement of two or 
  8.52  more political subdivisions in the 
  8.53  region to exercise the planning 
  8.54  functions of a regional development 
  8.55  commission, and (3) in regions where no 
  8.56  regional development commission or 
  8.57  joint powers board is functioning, the 
  8.58  department's district office for that 
  8.59  region. 
  8.60  $266,000 the first year and $266,000 
  9.1   the second year are available for 
  9.2   grants to metropolitan planning 
  9.3   organizations outside the seven-county 
  9.4   metropolitan area, including the 
  9.5   Mankato area. 
  9.6   $200,000 the first year is for an 
  9.7   update of the statewide transportation 
  9.8   plan.  This is a onetime appropriation 
  9.9   and may not be added to the agency's 
  9.10  budget base. 
  9.11  $75,000 the first year and $75,000 the 
  9.12  second year are for a transportation 
  9.13  research contingent account to finance 
  9.14  research projects that are reimbursable 
  9.15  from the federal government or from 
  9.16  other sources.  If the appropriation 
  9.17  for either year is insufficient, the 
  9.18  appropriation for the other year is 
  9.19  available for it. 
  9.20  $100,000 in the first year is for a 
  9.21  study of the feasibility and 
  9.22  desirability of allowing all vehicles 
  9.23  to use lanes on marked interstate 
  9.24  highways No. 394 and No. 35W presently 
  9.25  restricted to high-occupancy vehicles 
  9.26  only.  The commissioner shall determine 
  9.27  a time during which such use shall be 
  9.28  allowed, and take all necessary steps 
  9.29  to permit such use for the period of 
  9.30  the study.  The commissioner shall 
  9.31  contract with an independent consultant 
  9.32  to study the effects of opening the 
  9.33  lanes to all vehicles on traffic flow, 
  9.34  traffic congestion, transit and 
  9.35  high-occupancy vehicle use, and highway 
  9.36  safety on interstate highways No. 394 
  9.37  and No. 35W and other affected 
  9.38  highways.  The commissioner shall 
  9.39  report to the legislature on the 
  9.40  results of the study by February 1, 
  9.41  2002.  The commissioner shall take no 
  9.42  actions with respect to this study that 
  9.43  would result in a loss of federal funds 
  9.44  to the state or significant delay to a 
  9.45  state or local transportation project 
  9.46  financed partly with federal funds. 
  9.47  (d) Central Engineering Services
  9.48      65,031,000     66,338,000
  9.49  (e) Design and Construction Engineering
  9.50      89,335,000     91,046,000
  9.51  $500,000 the first year is for 
  9.52  planning, environmental studies, and 
  9.53  preliminary engineering for major river 
  9.54  crossings, other than rail, on the 
  9.55  trunk highway system.  
  9.56  (f) State Road Operations
  9.57     219,863,000    224,602,000
  9.58  $2,750,000 the first year and 
  9.59  $2,750,000 the second year are for 
  9.60  facilities' maintenance. 
 10.1   $2,000,000 the first year and 
 10.2   $2,000,000 the second year are for 
 10.3   improved highway striping. 
 10.4   $3,000,000 the first year and 
 10.5   $3,000,000 the second year are for road 
 10.6   equipment and fabrication of auxiliary 
 10.7   equipment for snowplow trucks. 
 10.8   $875,000 the first year and $875,000 
 10.9   the second year are to support highway 
 10.10  signal and lighting maintenance 
 10.11  activities. 
 10.12  The commissioner shall spend all money 
 10.13  available to the department of 
 10.14  transportation under Public Law Number 
 10.15  105-206, section 164 (repeat offender 
 10.16  transfer program), for hazard 
 10.17  elimination activities under United 
 10.18  States Code, title 23, section 152, and 
 10.19  shall not transfer any part of these 
 10.20  funds to any other agency. 
 10.21  (g) Electronic Communications
 10.22       5,617,000      5,746,000
 10.23                Summary by Fund
 10.24  General                   9,000         9,000
 10.25  Trunk Highway         5,608,000     5,737,000
 10.26  $9,000 the first year and $9,000 the 
 10.27  second year are from the general fund 
 10.28  for equipment and operation of the 
 10.29  Roosevelt signal tower for Lake of the 
 10.30  Woods weather broadcasting. 
 10.31  Subd. 8.  General Support             51,836,000     52,799,000
 10.32                Summary by Fund
 10.33  General                  54,000        56,000
 10.34  Airports                 70,000        70,000 
 10.35  Trunk Highway        51,712,000    52,673,000
 10.36  The amounts that may be spent from this 
 10.37  appropriation for each activity are as 
 10.38  follows:  
 10.39  (a) General Management       
 10.40      39,148,000     39,865,000
 10.41  $6,600,000 each year is for 
 10.42  preservation and improvement of the 
 10.43  agency's information technology 
 10.44  infrastructure. 
 10.45  (b) General Services
 10.46      12,688,000     12,934,000
 10.47                Summary by Fund
 10.48  General                  54,000        56,000
 11.1   Airports                 70,000        70,000 
 11.2   Trunk Highway        12,564,000    12,808,000 
 11.3   If the appropriation for either year is 
 11.4   insufficient, the appropriation for the 
 11.5   other year is available for it.  
 11.6   $1,000,000 each year is for information 
 11.7   technology development activities.  
 11.8   This appropriation adds to the agency 
 11.9   budget base. 
 11.10  Subd. 9.  Buildings                    7,716,000     -0-    
 11.11  This appropriation is available until 
 11.12  June 30, 2003. 
 11.13  Subd. 10.  Transfers
 11.14  (a) The commissioner of transportation 
 11.15  with the approval of the commissioner 
 11.16  of finance may transfer unencumbered 
 11.17  balances among the appropriations from 
 11.18  the trunk highway fund and the state 
 11.19  airports fund made in this section.  No 
 11.20  transfer may be made from the 
 11.21  appropriation for state road 
 11.22  construction.  No transfer may be made 
 11.23  from the appropriations for debt 
 11.24  service to any other appropriation.  
 11.25  Transfers under this paragraph may not 
 11.26  be made between funds.  Transfers must 
 11.27  be reported immediately to the chair of 
 11.28  the transportation budget division of 
 11.29  the senate and the chair of the 
 11.30  transportation finance committee of the 
 11.31  house of representatives.  
 11.32  (b) The commissioner of finance shall 
 11.33  transfer from the flexible account in 
 11.34  the county state-aid highway fund 
 11.35  $6,400,000 the first year and 
 11.36  $2,400,000 the second year to the 
 11.37  municipal turnback account in the 
 11.38  municipal state-aid street fund, and 
 11.39  the remainder in each year to the 
 11.40  county turnback account in the county 
 11.41  state-aid highway fund. 
 11.42  Subd. 11.  Use of State Road 
 11.43  Construction Appropriations 
 11.44  Any money appropriated to the 
 11.45  commissioner of transportation for 
 11.46  state road construction for any fiscal 
 11.47  year before fiscal year 2001 is 
 11.48  available to the commissioner during 
 11.49  fiscal years 2002 and 2003 to the 
 11.50  extent that the commissioner spends the 
 11.51  money on the state road construction 
 11.52  project for which the money was 
 11.53  originally encumbered during the fiscal 
 11.54  year for which it was appropriated. 
 11.55  The commissioner of transportation 
 11.56  shall report to the commissioner of 
 11.57  finance by August 1, 2001, and August 
 11.58  1, 2002, on a form the commissioner of 
 11.59  finance provides, on expenditures made 
 11.60  during the previous fiscal year that 
 12.1   are authorized by this subdivision. 
 12.2   Subd. 12.  Contingent Appropriation 
 12.3   The commissioner of transportation, 
 12.4   with the approval of the governor after 
 12.5   consultation with the legislative 
 12.6   advisory commission under Minnesota 
 12.7   Statutes, section 3.30, may transfer 
 12.8   all or part of the unappropriated 
 12.9   balance in the trunk highway fund to an 
 12.10  appropriation (1) for trunk highway 
 12.11  design, construction, or inspection in 
 12.12  order to take advantage of an 
 12.13  unanticipated receipt of income to the 
 12.14  trunk highway fund, (2) for trunk 
 12.15  highway maintenance in order to meet an 
 12.16  emergency, or (3) to pay tort or 
 12.17  environmental claims.  The amount 
 12.18  transferred is appropriated for the 
 12.19  purpose of the account to which it is 
 12.20  transferred. 
 12.21  Sec. 3.  METROPOLITAN COUNCIL  
 12.22  TRANSIT                               68,101,000     68,101,000
 12.23  The council may not spend more than 
 12.24  $42,200,000 for metro mobility in the 
 12.25  2002-2003 fiscal biennium except for 
 12.26  proceeds from bond sales when use of 
 12.27  those proceeds for metro mobility 
 12.28  capital expenditures is authorized by 
 12.29  law. 
 12.30  The agency's budget base for fiscal 
 12.31  years 2004 and 2005 is $65,601,000 each 
 12.32  year. 
 12.33  Sec. 4.  PUBLIC SAFETY
 12.34  Subdivision 1.  Total       
 12.35  Appropriation           1,320,000    113,439,000    116,670,000 
 12.36                Summary by Fund
 12.37  General              11,790,000     12,046,000
 12.38  Trunk
 12.39  Highway   445,000    89,042,000     92,369,000
 12.40  Highway
 12.41  User      875,000    11,628,000     11,261,000
 12.42  Special 
 12.43  Revenue                 979,000        994,000
 12.44  Subd. 2.  Administration 
 12.45  and Related Services                  13,169,000     13,365,000
 12.46                Summary by Fund
 12.47  General               4,578,000      4,603,000
 12.48  Trunk Highway         7,206,000      7,377,000
 12.49  Highway User          1,385,000      1,385,000
 12.50  (a) Office of Communications
 12.51         390,000        398,000
 13.1                 Summary by Fund
 13.2   General                  20,000        20,000
 13.3   Trunk Highway           370,000       378,000
 13.4   (b) Public Safety Support
 13.5        7,903,000      7,995,000
 13.6                 Summary by Fund
 13.7   General               3,086,000      3,087,000
 13.8   Trunk Highway         3,451,000      3,542,000
 13.9   Highway User          1,366,000      1,366,000
 13.10  $326,000 the first year and $326,000 
 13.11  the second year are for payment of 
 13.12  public safety officer survivor benefits 
 13.13  under Minnesota Statutes, section 
 13.14  299A.44.  If the appropriation for 
 13.15  either year is insufficient, the 
 13.16  appropriation for the other year is 
 13.17  available for it. 
 13.18  $314,000 the first year and $314,000 
 13.19  the second year are to be deposited in 
 13.20  the public safety officer's benefit 
 13.21  account.  This money is available for 
 13.22  reimbursements under Minnesota 
 13.23  Statutes, section 299A.465. 
 13.24  $508,000 the first year and $508,000 
 13.25  the second year are for soft body armor 
 13.26  reimbursements under Minnesota 
 13.27  Statutes, section 299A.38.  
 13.28  $1,830,000 the first year and 
 13.29  $1,830,000 the second year are 
 13.30  appropriated from the general fund for 
 13.31  transfer by the commissioner of finance 
 13.32  to the trunk highway fund on December 
 13.33  31, 2001, and December 31, 2002, 
 13.34  respectively, in order to reimburse the 
 13.35  trunk highway fund for expenses not 
 13.36  related to the fund.  These represent 
 13.37  amounts appropriated out of the trunk 
 13.38  highway fund for general fund purposes 
 13.39  in the administration and related 
 13.40  services program. 
 13.41  $610,000 the first year and $610,000 
 13.42  the second year are appropriated from 
 13.43  the highway user tax distribution fund 
 13.44  for transfer by the commissioner of 
 13.45  finance to the trunk highway fund on 
 13.46  December 31, 2001, and December 31, 
 13.47  2002, respectively, in order to 
 13.48  reimburse the trunk highway fund for 
 13.49  expenses not related to the fund.  
 13.50  These represent amounts appropriated 
 13.51  out of the trunk highway fund for 
 13.52  highway user tax distribution fund 
 13.53  purposes in the administration and 
 13.54  related services program. 
 13.55  $716,000 the first year and $716,000 
 13.56  the second year are appropriated from 
 13.57  the highway user tax distribution fund 
 14.1   for transfer by the commissioner of 
 14.2   finance to the general fund on December 
 14.3   31, 2001, and December 31, 2002, 
 14.4   respectively, in order to reimburse the 
 14.5   general fund for expenses not related 
 14.6   to the fund.  These represent amounts 
 14.7   appropriated out of the general fund 
 14.8   for operation of the criminal justice 
 14.9   data network related to driver and 
 14.10  motor vehicle licensing. 
 14.11  (c) Technical Support Services
 14.12       4,876,000       4,972,000
 14.13                Summary by Fund
 14.14  General               1,472,000      1,496,000
 14.15  Trunk Highway         3,385,000      3,457,000
 14.16  Highway User             19,000         19,000
 14.17  Subd. 3.  State Patrol                60,717,000     64,195,000
 14.18                Summary by Fund
 14.19  General               3,354,000      3,447,000
 14.20  Trunk Highway        57,071,000     60,456,000
 14.21  Highway User            292,000        292,000
 14.22  (a) Patrolling Highways
 14.23       50,905,000     54,111,000
 14.24                Summary by Fund
 14.25  General                  37,000        37,000
 14.26  Trunk Highway        50,776,000    53,982,000
 14.27  Highway User             92,000        92,000
 14.28  Of this appropriation, $1,212,000 the 
 14.29  first year and $3,082,000 the second 
 14.30  year from the trunk highway fund are 
 14.31  for 65 new patrol positions and the 
 14.32  recruit training academy. 
 14.33  (b) Commercial Vehicle Enforcement
 14.34       6,295,000      6,474,000
 14.35  This appropriation is from the trunk 
 14.36  highway fund. 
 14.37  (c) Capitol Security
 14.38       3,517,000      3,610,000
 14.39                Summary by Fund
 14.40  General               3,317,000     3,410,000
 14.41  Highway User            200,000       200,000
 14.42  The commissioner may not (1) spend any 
 14.43  money from the trunk highway fund for 
 14.44  capital security, or (2) permanently 
 15.1   transfer any state trooper from the 
 15.2   patrolling highways activity to capitol 
 15.3   security. 
 15.4   The commissioner may not transfer any 
 15.5   money appropriated for department of 
 15.6   public safety administration, the 
 15.7   patrolling of highways, commercial 
 15.8   vehicle enforcement, or driver and 
 15.9   vehicle services to capitol security. 
 15.10  The budget base for this activity for 
 15.11  the 2004-2005 biennium is $3,610,000 
 15.12  each year from the general fund. 
 15.13  Subd. 4.  Driver and
 15.14  Vehicle Services        1,320,000     38,257,000     37,792,000
 15.15                Summary by Fund
 15.16  General               3,858,000      3,996,000
 15.17  Trunk
 15.18  Highway   445,000    24,448,000    24,212,000 
 15.19  Highway
 15.20  User      875,000     9,951,000     9,584,000 
 15.21  (a) Vehicle Registration 
 15.22  and Title
 15.23     875,000    13,754,000    13,524,000
 15.24                Summary by Fund
 15.25  General               3,803,000     3,940,000
 15.26  Highway
 15.27  User      875,000     9,951,000     9,584,000
 15.28  $875,000 from the highway user fund is 
 15.29  added to the appropriation for fiscal 
 15.30  year 2001 in Laws 1999, chapter 238, 
 15.31  article 1, section 4, subdivision 4a, 
 15.32  for increased license plate costs, and 
 15.33  is available until June 30, 2003. 
 15.34  The commissioner shall conduct a study 
 15.35  of the effect of increased 
 15.36  authorization and use of special 
 15.37  license plates on (1) department of 
 15.38  public safety costs and revenues, and 
 15.39  (2) law enforcement and public safety.  
 15.40  The commissioner shall report to the 
 15.41  legislature by February 1, 2002, on the 
 15.42  results of the study. 
 15.43  (b) Licensing Drivers 
 15.44     445,000    24,503,000    24,268,000
 15.45                Summary by Fund
 15.46  General                  55,000        56,000
 15.47  Trunk
 15.48  Highway   445,000    24,448,000    24,212,000
 15.49  $800,000 the first year is for 
 15.50  unanticipated costs relating to the 
 15.51  production of drivers' licenses.  This 
 16.1   appropriation is from the trunk highway 
 16.2   fund.  The commissioner may spend money 
 16.3   from this appropriation only after 
 16.4   obtaining approval from the 
 16.5   commissioner of finance and notifying 
 16.6   the chair of the transportation budget 
 16.7   division of the senate and the chair of 
 16.8   the transportation finance committee of 
 16.9   the house of representatives.  This 
 16.10  appropriation is available until June 
 16.11  30, 2003. 
 16.12  $445,000 from the trunk highway fund is 
 16.13  added to the appropriation for fiscal 
 16.14  year 2001 in Laws 1999, chapter 238, 
 16.15  article 1, section 4, subdivision 4c, 
 16.16  for increased driver's license card 
 16.17  production costs, and is available 
 16.18  until June 30, 2003. 
 16.19  Subd. 5.  Traffic Safety                 317,000        324,000
 16.20  This appropriation is from the trunk 
 16.21  highway fund. 
 16.22  Subd. 6.  Pipeline Safety                979,000        994,000
 16.23  This appropriation is from the pipeline 
 16.24  safety account in the special revenue 
 16.25  fund. 
 16.26  Sec. 5.  GENERAL CONTINGENT 
 16.27  ACCOUNTS                                 375,000       375,000
 16.28                Summary by Fund
 16.29  Trunk Highway           200,000       200,000
 16.30  Highway User            125,000       125,000
 16.31  Airports                 50,000        50,000
 16.32  The appropriations in this section may 
 16.33  only be spent with the approval of the 
 16.34  governor after consultation with the 
 16.35  legislative advisory commission 
 16.36  pursuant to Minnesota Statutes, section 
 16.37  3.30. 
 16.38  If an appropriation in this section for 
 16.39  either year is insufficient, the 
 16.40  appropriation for the other year is 
 16.41  available for it.  
 16.42  Sec. 6.  TORT CLAIMS                     600,000       600,000
 16.43  To be spent by the commissioner of 
 16.44  finance.  
 16.45  This appropriation is from the trunk 
 16.46  highway fund. 
 16.47  If the appropriation for either year is 
 16.48  insufficient, the appropriation for the 
 16.49  other year is available for it. 
 16.50     Sec. 7.  [OFFICE OF PIPELINE SAFETY ASSESSMENTS.] 
 16.51     Assessments by the office of pipeline safety under 
 16.52  Minnesota Statutes, sections 299F.631 and 299J.12, for purposes 
 17.1   of section 4, subdivision 6, are deemed approved under Minnesota 
 17.2   Statutes, section 16A.1283. 
 17.3      Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
 17.4   CONSTRUCTION BUDGET.] 
 17.5      The commissioner of transportation shall reduce the 
 17.6   construction budget of the department of transportation 
 17.7   construction district 1 by $35,000,000 over the period from 
 17.8   fiscal year 2003 through fiscal year 2007, in order to repay the 
 17.9   advance of highway construction funds in fiscal years 2001 and 
 17.10  2002.  The reduction in each year of the period must equal the 
 17.11  cost of trunk highway construction projects that were originally 
 17.12  scheduled to be constructed during that year that were 
 17.13  constructed in fiscal year 2001 or 2002 instead. 
 17.14     Sec. 9.  [IMPLEMENTATION OF 2001 LEGISLATION.] 
 17.15     In meeting the requirements of article 1, section 2, 
 17.16  subdivision 22, clause (2), of a law enacted at the 2001 First 
 17.17  Special Session and styled as House File No. 1, the commissioner 
 17.18  of finance shall also give effect to other legislation enacted 
 17.19  at the 2001 regular session and First Special Session that 
 17.20  affects the projected unrestricted general budgetary balance on 
 17.21  June 30, 2001. 
 17.22     Sec. 10.  Laws 1999, chapter 238, article 1, section 2, 
 17.23  subdivision 7, is amended to read: 
 17.24  Subd. 7.  State Roads                912,625,000    923,769,000
 17.25                Summary by Fund
 17.26  General                 59,000          9,000
 17.27  Trunk Highway      912,566,000    923,760,000
 17.28  The amounts that may be spent from this 
 17.29  appropriation for each activity are as 
 17.30  follows:  
 17.31  (a) State Road Construction 
 17.32     516,684,000    521,707,000
 17.33  It is estimated that these 
 17.34  appropriations will be funded as 
 17.35  follows:  
 17.36  Federal Highway Aid 
 17.37     275,000,000    275,000,000
 17.38  Highway User Taxes 
 18.1      241,684,000    246,707,000
 18.2   The commissioner of transportation 
 18.3   shall notify the chair of the 
 18.4   transportation budget division of the 
 18.5   senate and chair of the transportation 
 18.6   finance committee of the house of 
 18.7   representatives quarterly of any events 
 18.8   that should cause these estimates to 
 18.9   change. 
 18.10  This appropriation is for the actual 
 18.11  construction, reconstruction, and 
 18.12  improvement of trunk highways.  This 
 18.13  includes the cost of actual payment to 
 18.14  landowners for lands acquired for 
 18.15  highway rights-of-way, payment to 
 18.16  lessees, interest subsidies, and 
 18.17  relocation expenses. 
 18.18  The commissioner may transfer up to 
 18.19  $15,000,000 each year to the trunk 
 18.20  highway revolving loan account. 
 18.21  The commissioner may receive money 
 18.22  covering other shares of the cost of 
 18.23  partnership projects.  These receipts 
 18.24  are appropriated to the commissioner 
 18.25  for these projects. 
 18.26  (b) Highway Debt Service 
 18.27      13,949,000     13,175,000
 18.28  $3,949,000 the first year and 
 18.29  $3,175,000 the second year are for 
 18.30  transfer to the state bond fund. 
 18.31  If this appropriation is insufficient 
 18.32  to make all transfers required in the 
 18.33  year for which it is made, the 
 18.34  commissioner of finance shall notify 
 18.35  the committee on state government 
 18.36  finance of the senate and the committee 
 18.37  on ways and means of the house of 
 18.38  representatives of the amount of the 
 18.39  deficiency and shall then transfer that 
 18.40  amount under the statutory open 
 18.41  appropriation.  
 18.42  Any excess appropriation must be 
 18.43  canceled to the trunk highway fund. 
 18.44  (c) Research and Investment Management 
 18.45      12,450,000     12,597,000
 18.46  $600,000 the first year and $600,000 
 18.47  the second year are available for 
 18.48  grants for transportation studies 
 18.49  outside the metropolitan area to 
 18.50  identify critical concerns, problems, 
 18.51  and issues.  These grants are available 
 18.52  to (1) regional development 
 18.53  commissions, and (2) in regions where 
 18.54  no regional development commission is 
 18.55  functioning, joint powers boards 
 18.56  established under agreement of two or 
 18.57  more political subdivisions in the 
 18.58  region to exercise the planning 
 18.59  functions of a regional development 
 19.1   commission, and (3) in regions where no 
 19.2   regional development commission or 
 19.3   joint powers board is functioning, the 
 19.4   department's district office for that 
 19.5   region. 
 19.6   $216,000 the first year and $216,000 
 19.7   the second year are available for 
 19.8   grants to metropolitan planning 
 19.9   organizations outside the seven-county 
 19.10  metropolitan area. 
 19.11  $75,000 the first year and $25,000 the 
 19.12  second year are for transportation 
 19.13  planning relating to the 2000 census.  
 19.14  This appropriation may not be added to 
 19.15  the agency's budget base. 
 19.16  $75,000 the first year and $75,000 the 
 19.17  second year are for a transportation 
 19.18  research contingent account to finance 
 19.19  research projects that are reimbursable 
 19.20  from the federal government or from 
 19.21  other sources.  If the appropriation 
 19.22  for either year is insufficient, the 
 19.23  appropriation for the other year is 
 19.24  available for it. 
 19.25  (d) Central Engineering Services
 19.26      68,563,000     70,940,000
 19.27  (e) Design and Construction Engineering
 19.28      80,592,000     83,246,000
 19.29  $1,000,000 the first year and $500,000 
 19.30  the second year are for transportation 
 19.31  planning relating to the 2000 census.  
 19.32  This appropriation may not be added to 
 19.33  the agency's budget base. 
 19.34  (f) State Road Operations
 19.35     214,703,000 216,561,000 
 19.36  $1,000,000 each year are for 
 19.37  enhancements to the freeway operations 
 19.38  program in the metropolitan area. 
 19.39  $1,000,000 the first year and 
 19.40  $1,000,000 the second year are for 
 19.41  maintenance services including rest 
 19.42  area maintenance, vehicle insurance, 
 19.43  ditch assessments, and tort claims. 
 19.44  $3,000,000 the first year and 
 19.45  $1,000,000 the second year are for 
 19.46  improved highway striping. 
 19.47  $500,000 the first year and $500,000 
 19.48  the second year are for safety 
 19.49  technology applications. 
 19.50  $150,000 the first year and $150,000 
 19.51  the second year are for statewide asset 
 19.52  preservation and repair. 
 19.53  $750,000 the first year and $750,000 
 19.54  the second year are for the 
 19.55  implementation of the transportation 
 20.1   worker concept. 
 20.2   The commissioner shall establish a task 
 20.3   force to study seasonal road 
 20.4   restrictions and report to the 
 20.5   legislature its findings and any 
 20.6   recommendations for legislative 
 20.7   action.  The commissioner shall appoint 
 20.8   members representing: 
 20.9   (1) aggregate and ready-mix producers; 
 20.10  (2) solid waste haulers; 
 20.11  (3) liquid waste haulers; 
 20.12  (4) the logging industry; 
 20.13  (5) the construction industry; and 
 20.14  (6) agricultural interests. 
 20.15  The task force shall report to the 
 20.16  legislature by February 1, 2000, on its 
 20.17  findings and recommendations. 
 20.18  (g) Electronic Communications
 20.19       5,684,000      5,543,000
 20.20                Summary by Fund
 20.21  General                  59,000         9,000
 20.22  Trunk Highway         5,625,000     5,534,000
 20.23  $9,000 the first year and $9,000 the 
 20.24  second year are from the general fund 
 20.25  for equipment and operation of the 
 20.26  Roosevelt signal tower for Lake of the 
 20.27  Woods weather broadcasting. 
 20.28  $50,000 the first year from the general 
 20.29  fund is for purchase of equipment for 
 20.30  the 800 MHz public safety radio system. 
 20.31  $200,000 the first year is from the 
 20.32  trunk highway fund for costs resulting 
 20.33  from the termination of agreements made 
 20.34  under article 2, sections 31 and 89, 
 20.35  and Minnesota Statutes, section 174.70, 
 20.36  subdivision 2.  This appropriation does 
 20.37  not cancel but is available until spent.
 20.38  In each year of the biennium the 
 20.39  commissioner shall request the 
 20.40  commissioner of administration to 
 20.41  request bids for the purchase of 
 20.42  digital mobile and portable radios to 
 20.43  be used on the metropolitan regional 
 20.44  public safety radio communications 
 20.45  system. 
 20.46     Sec. 11.  Laws 2000, chapter 479, article 1, section 3, 
 20.47  subdivision 3, is amended to read: 
 20.48  Subd. 3.  Bus Transit Ways                            6,300,000
 20.49  For engineering, design, and 
 20.50  construction of bus transit ways, 
 21.1   including, but not limited to, 
 21.2   acquisition of land and rights-of-way.  
 21.3   This appropriation is available until 
 21.4   spent. 
 21.5   Notwithstanding Minnesota Statutes, 
 21.6   chapter 398A, relating to regional 
 21.7   railroad authorities, the metropolitan 
 21.8   council may conduct a study of bus 
 21.9   transit ways in the northwest light 
 21.10  rail transit corridor in Hennepin 
 21.11  county, and in that part of the 
 21.12  southwest light rail transit corridor 
 21.13  in and between the cities of Hopkins 
 21.14  and Minneapolis.  The study must 
 21.15  consider alternative alignments of the 
 21.16  bus transit ways, using existing roads, 
 21.17  highways, and transportation facilities 
 21.18  in conjunction with the light rail 
 21.19  transit corridors.  The metropolitan 
 21.20  council must not study, engineer, 
 21.21  design, or construct a bus transit way 
 21.22  in (1) any part of the southwest light 
 21.23  rail transit corridor that is in the 
 21.24  city of Minnetonka, Eden Prairie, or 
 21.25  Chanhassen, or (2) the Midtown Greenway 
 21.26  or Kenilworth corridors in Minneapolis. 
 21.27     Sec. 12.  Laws 2000, chapter 490, article 7, section 3, is 
 21.28  amended to read:  
 21.29     Sec. 3.  [APPROPRIATION.] 
 21.30     For fiscal year 2001, $149,804,000 $161,529,000 is 
 21.31  appropriated from the general fund to the highway user tax 
 21.32  distribution fund.  For fiscal year 2002, $161,723,000 is 
 21.33  appropriated from the general fund to the highway user tax 
 21.34  distribution fund. 
 21.35     Sec. 13.  [EFFECTIVE DATE.] 
 21.36     This article is effective July 1, 2001. 
 21.37                             ARTICLE 2
 21.38                       TRANSPORTATION POLICY
 21.39     Section 1.  [TOWER CONSTRUCTION.] 
 21.40     The commissioner of transportation shall construct a 
 21.41  differential global positioning system tower in Hubbard county, 
 21.42  township 139, range 32, in the south half of section 10.  The 
 21.43  commissioner of natural resources shall negotiate a long-term 
 21.44  lease of the property with the United States coast guard for 
 21.45  purposes of erecting, operating, and maintaining the tower. 
 21.46     Sec. 2.  [CROSSTOWN PROJECT MORATORIUM.] 
 21.47     Subdivision 1.  [RESTRICTION.] The commissioner of 
 21.48  transportation may not contract for construction of the marked 
 22.1   interstate highway I-35W/marked trunk highway No. 62 interchange 
 22.2   improvement project, involving separation of the two roadways in 
 22.3   the commons area, replacement of ramps, construction of a 
 22.4   high-occupancy vehicle lane, and changes in access until after 
 22.5   May 1, 2002.  This does not prohibit the commissioner from 
 22.6   contracting for pavement preservation work including:  
 22.7   resurfacing or patching road surfaces and bridges; repair, 
 22.8   replacement, and installation of safety appurtenances; and other 
 22.9   necessary preservation activities.  This restriction does not 
 22.10  affect decisions by either the commissioner of transportation or 
 22.11  the metropolitan council involving the enhancement of transit in 
 22.12  the I-35W corridor north of 50th Street. 
 22.13     Subd. 2.  [REPORT.] The commissioner of transportation 
 22.14  shall contract for a consultant to prepare a report and 
 22.15  recommendations on issues surrounding the trunk highway project 
 22.16  described in subdivision 1.  This contract is not subject to the 
 22.17  provisions of Minnesota Statutes, chapter 16C.  The report and 
 22.18  recommendations must be submitted by the commissioner to the 
 22.19  house of representatives and senate committees with jurisdiction 
 22.20  over transportation policy and finance by January 15, 2002.  The 
 22.21  report and recommendations must include: 
 22.22     (1) 20-year projections for growth in population, economic 
 22.23  development, and traffic for the marked interstate I-35W and 
 22.24  marked trunk highway corridors; 
 22.25     (2) a discussion of the adequacy of marked interstate I-35W 
 22.26  and marked trunk highway No. 62 under current conditions and 
 22.27  after a full reconstruction, to carry present and predicted 
 22.28  traffic levels, including the extent to which traffic problems 
 22.29  in the corridors will be addressed by the project; 
 22.30     (3) alternative feasible designs, including stacked 
 22.31  mainlines and tunneling, for the project described in 
 22.32  subdivision 1 that will: 
 22.33     (i) increase capacity; 
 22.34     (ii) limit construction to the right-of-way proposed for 
 22.35  the current project; 
 22.36     (iii) not limit Lyndale access to less than proposed for 
 23.1   the current project; and 
 23.2      (iv) include a transit component, which may require buses, 
 23.3   busways, rail, or high-occupancy vehicle lanes; 
 23.4      (4) a discussion of the availability of funding for the 
 23.5   proposed project, how the funding relates to funding for other 
 23.6   metropolitan projects, and feasible alternatives; 
 23.7      (5) an evaluation of the applicability of road pricing in 
 23.8   the corridor; 
 23.9      (6) the present and predicted levels of traffic on all 
 23.10  segments of marked interstate I-35W, marked trunk highway No. 
 23.11  62, and on trunk highway corridors that would be significantly 
 23.12  affected by any long-term closing of lanes as a part of 
 23.13  construction on marked interstate I-35W or marked trunk highway 
 23.14  No. 62; 
 23.15     (7) a plan, developed in consultation with the metropolitan 
 23.16  council, to provide adequate public transit during the period of 
 23.17  highway closure among and within the affected communities, and 
 23.18  specific plans for detours; 
 23.19     (8) a discussion of the extent to which the project will be 
 23.20  coordinated with other construction or reconstruction projects 
 23.21  on trunk highways that will be affected by the marked interstate 
 23.22  I-35W/marked trunk highway No. 62 project; and 
 23.23     (9) methods for completing the project in the most timely 
 23.24  manner and costs and impacts with accelerating completion of the 
 23.25  project. 
 23.26     Sec. 3.  [PORT OF MINNEAPOLIS; FINDINGS.] 
 23.27     The legislature finds that the continued use of the upper 
 23.28  harbor of the Mississippi river in the city of Minneapolis for 
 23.29  commercial navigation relieves transportation demand on highways 
 23.30  and railroads in the metropolitan area, is a necessary element 
 23.31  of the transportation system of the region, and is therefore of 
 23.32  statewide significance. 
 23.33     Sec. 4.  [COMMISSIONER OF TRANSPORTATION; METROPOLITAN 
 23.34  COUNCIL RESTRICTIONS.] 
 23.35     Subdivision 1.  [DEPARTMENT OF TRANSPORTATION.] The 
 23.36  commissioner of transportation may not refuse to program or 
 24.1   construct a trunk highway improvement project, or make any other 
 24.2   decision concerning the location, design, or timing of a trunk 
 24.3   highway improvement project, on the grounds that a statutory or 
 24.4   home rule charter city or county in which the project is wholly 
 24.5   or partly located (1) has enacted a zoning ordinance or 
 24.6   determination not approved by the commissioner or metropolitan 
 24.7   council, or failed to enact a zoning ordinance or determination 
 24.8   requested by the commissioner or metropolitan council, or (2) 
 24.9   has failed to impose housing density requirements requested by 
 24.10  the commissioner or metropolitan council.  This section does not 
 24.11  apply to local zoning ordinances or determinations that relate 
 24.12  to access to a trunk highway. 
 24.13     Subd. 2.  [METROPOLITAN COUNCIL.] Neither the metropolitan 
 24.14  council nor the council's transportation advisory board may, in 
 24.15  the allocation or the approval of any allocation of funds for 
 24.16  highway projects, or in approving or disapproving a project 
 24.17  under Minnesota Statutes, section 473.166, withhold or redirect 
 24.18  funds or fail to approve a project on the grounds that a city or 
 24.19  county in which the project is wholly or partly located (1) has 
 24.20  enacted a zoning ordinance or determination not approved by the 
 24.21  council or the commissioner of transportation, or failed to 
 24.22  enact a zoning ordinance or determination requested by the 
 24.23  council or the commissioner of transportation, or (2) has failed 
 24.24  to impose housing density requirements requested by the council 
 24.25  or the commissioner of transportation.  This section does not 
 24.26  apply to local zoning ordinances or determinations that relate 
 24.27  to access to a trunk highway. 
 24.28     [EFFECTIVE DATE.] This section is effective the day 
 24.29  following final enactment. 
 24.30     Sec. 5.  [STATE TROOPER TRAINING REPORT.] 
 24.31     On or before February 15, 2002, the commissioner of public 
 24.32  safety shall present to the committees having jurisdiction over 
 24.33  transportation policy and finance in the house of 
 24.34  representatives and the senate an evaluation of the efficiency 
 24.35  and cost-effectiveness of the present recruit training program, 
 24.36  and a comparison of the effectiveness and potential cost-savings 
 25.1   of alternative training formats with the current academy format. 
 25.2      Sec. 6.  [STATE AID FOR CITIES.] 
 25.3      A city that has previously been classified as having a 
 25.4   population of 5,000 or more for the purposes of Minnesota 
 25.5   Statutes, chapter 162, and that has a population greater than 
 25.6   4,900 but less than 5,000 according to the 2000 federal census, 
 25.7   is deemed to have a population of 5,000 for purposes of 
 25.8   Minnesota Statutes, chapter 162, until June 30, 2004. 
 25.9      Sec. 7.  Laws 2001, chapter 161, section 58, is amended to 
 25.10  read: 
 25.11     Sec. 58.  [REPEALER.] 
 25.12     Minnesota Statutes 2000, sections 15.059, subdivision 5a, 
 25.13  as amended by Laws 2001, chapter 7, section 7; 17.49, 
 25.14  subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061; 
 25.15  60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a; 
 25.16  124D.894; 124D.95, subdivision 6; 134.31, subdivision 5; 
 25.17  137.342, subdivision 2; 144A.31; 162.09, subdivision 2; 
 25.18  256B.071, subdivision 5; 256B.0911, subdivision 8; 256B.434, 
 25.19  subdivision 13; 299A.295, subdivision 2; and 299K.03, 
 25.20  subdivision 4, are repealed. 
 25.21     [EFFECTIVE DATE.] This section is effective the day 
 25.22  following final enactment. 
 25.23     Sec. 8.  Minnesota Statutes 2000, section 16A.641, 
 25.24  subdivision 8, is amended to read: 
 25.25     Subd. 8.  [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 
 25.26  bonds issued under each law are appropriated for the purposes 
 25.27  described in the law and in this subdivision.  This 
 25.28  appropriation may never be canceled.  
 25.29     (b) Before the proceeds are received in the proper special 
 25.30  fund, the commissioner may transfer to that fund from the 
 25.31  general fund amounts not exceeding the expected proceeds from 
 25.32  the next bond sale.  The commissioner shall return these amounts 
 25.33  to the general fund by transferring proceeds when received.  The 
 25.34  amounts of these transfers are appropriated from the general 
 25.35  fund and from the bond proceeds.  
 25.36     (c) Actual and necessary travel and subsistence expenses of 
 26.1   employees and all other nonsalary expenses incidental to the 
 26.2   sale, printing, execution, and delivery of bonds must be paid 
 26.3   from the proceeds.  The proceeds are appropriated for this 
 26.4   purpose.  Bond proceeds must not be used to pay any part of the 
 26.5   salary of a state employee involved in the sale, printing, 
 26.6   execution, or delivery of the bonds. 
 26.7      (d) Bond proceeds remaining in a special fund after the 
 26.8   purposes for which the bonds were issued are accomplished or 
 26.9   abandoned, as certified by the head of the agency administering 
 26.10  the special fund, or as determined by the commissioner, unless 
 26.11  devoted under the appropriation act to another purpose 
 26.12  designated in the act, shall must be transferred to the state 
 26.13  bond fund. 
 26.14     (e) Before the proceeds of state highway bonds are received 
 26.15  in the trunk highway fund, the commissioner may either: 
 26.16     (1) transfer funds to the trunk highway fund from the 
 26.17  general fund; or 
 26.18     (2) authorize the use of funds in the trunk highway fund, 
 26.19  in an amount not exceeding the expected proceeds from the next 
 26.20  state highway bond sale. 
 26.21  These funds must be used in accordance with the legislative 
 26.22  authorization to sell state highway bonds.  The commissioner 
 26.23  shall return these funds to the general fund or replace the 
 26.24  funds used from the trunk highway fund by transferring proceeds 
 26.25  when received.  The amounts of these transfers are appropriated 
 26.26  from the general fund and from the state highway bond proceeds. 
 26.27     Sec. 9.  Minnesota Statutes 2000, section 16B.54, 
 26.28  subdivision 2, is amended to read: 
 26.29     Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
 26.30  APPROPRIATION.] The commissioner may direct an agency to make a 
 26.31  transfer of a passenger motor vehicle or truck currently 
 26.32  assigned to it.  The transfer must be made to the commissioner 
 26.33  for use in the central motor pool.  The commissioner shall 
 26.34  reimburse an agency whose motor vehicles have been paid for with 
 26.35  funds dedicated by the constitution for a special purpose and 
 26.36  which are assigned to the central motor pool.  The amount of 
 27.1   reimbursement for a motor vehicle is its average wholesale price 
 27.2   as determined from the midwest edition of the National 
 27.3   Automobile Dealers Association official used car guide. 
 27.4      (b)  [PURCHASE.] To the extent that funds are available for 
 27.5   the purpose, the commissioner may purchase or otherwise acquire 
 27.6   additional passenger motor vehicles and trucks necessary for the 
 27.7   central motor pool.  The title to all motor vehicles assigned to 
 27.8   or purchased or acquired for the central motor pool is in the 
 27.9   name of the department of administration.  
 27.10     (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
 27.11  agency, the commissioner may transfer to the central motor pool 
 27.12  any passenger motor vehicle or truck for the purpose of 
 27.13  disposing of it.  The department or agency transferring the 
 27.14  vehicle or truck must be paid for it from the motor pool 
 27.15  revolving account established by this section in an amount equal 
 27.16  to two-thirds of the average wholesale price of the vehicle or 
 27.17  truck as determined from the midwest edition of the National 
 27.18  Automobile Dealers Association official used car guide. 
 27.19     (d)  [VEHICLES; MARKING.] The commissioner shall provide 
 27.20  for the uniform marking of all motor vehicles.  Motor vehicle 
 27.21  colors must be selected from the regular color chart provided by 
 27.22  the manufacturer each year.  The commissioner may further 
 27.23  provide for the use of motor vehicles without marking by: 
 27.24     (1) the governor; 
 27.25     (2) the lieutenant governor; 
 27.26     (3) the division of criminal apprehension, the division of 
 27.27  alcohol and gambling enforcement, and arson investigators of the 
 27.28  division of fire marshal in the department of public safety; 
 27.29     (4) the financial institutions division of the department 
 27.30  of commerce; 
 27.31     (5) the division of disease prevention and control of the 
 27.32  department of health; 
 27.33     (6) the state lottery; 
 27.34     (7) criminal investigators of the department of revenue; 
 27.35     (8) state-owned community service facilities in the 
 27.36  department of human services; 
 28.1      (9) the investigative staff of the department of economic 
 28.2   security; and 
 28.3      (10) the office of the attorney general; and 
 28.4      (11) the investigative staff of the gambling control board. 
 28.5      Sec. 10.  Minnesota Statutes 2000, section 16C.05, 
 28.6   subdivision 2, is amended to read: 
 28.7      Subd. 2.  [CREATION AND VALIDITY OF CONTRACTS.] (a) A 
 28.8   contract is not valid and the state is not bound by it unless: 
 28.9      (1) it has first been executed by the head of the agency or 
 28.10  a delegate who is a party to the contract; 
 28.11     (2) it has been approved by the commissioner; 
 28.12     (3) it has been approved by the attorney general or a 
 28.13  delegate as to form and execution; 
 28.14     (4) the accounting system shows an obligation in an expense 
 28.15  budget or encumbrance for the amount of the contract liability; 
 28.16  and 
 28.17     (5) the combined contract and amendments shall not exceed 
 28.18  five years without specific, written approval by the 
 28.19  commissioner according to established policy, procedures, and 
 28.20  standards, or unless otherwise provided for by law.  The term of 
 28.21  the original contract must not exceed two years unless the 
 28.22  commissioner determines that a longer duration is in the best 
 28.23  interest of the state.  
 28.24     (b) Grants, interagency agreements, purchase orders, and 
 28.25  annual plans need not, in the discretion of the commissioner and 
 28.26  attorney general, require the signature of the commissioner 
 28.27  and/or the attorney general.  A signature is not required for 
 28.28  work orders and amendments to work orders related to department 
 28.29  of transportation contracts.  Bond purchase agreements by the 
 28.30  Minnesota public facilities authority do not require the 
 28.31  approval of the commissioner.  
 28.32     (c) A fully executed copy of every contract must be kept on 
 28.33  file at the contracting agency. 
 28.34     Sec. 11.  Minnesota Statutes 2000, section 16C.06, 
 28.35  subdivision 1, is amended to read: 
 28.36     Subdivision 1.  [PUBLICATION REQUIREMENTS.] Notices of 
 29.1   solicitations for acquisitions estimated to be more than 
 29.2   $25,000, or $100,000 in the case of a department of 
 29.3   transportation acquisition, must be publicized in a manner 
 29.4   designated by the commissioner. 
 29.5      Sec. 12.  Minnesota Statutes 2000, section 16C.06, 
 29.6   subdivision 2, is amended to read: 
 29.7      Subd. 2.  [SOLICITATION PROCESS.] (a) A formal solicitation 
 29.8   must be used to acquire all goods, service contracts, and 
 29.9   utilities estimated at or more than $25,000, or in the case of a 
 29.10  department of transportation solicitation, at or more than 
 29.11  $100,000, unless otherwise provided for.  All formal responses 
 29.12  must be sealed when they are received and must be opened in 
 29.13  public at the hour stated in the solicitation.  Formal responses 
 29.14  must be authenticated by the responder in a manner specified by 
 29.15  the commissioner.  
 29.16     (b) An informal solicitation may be used to acquire all 
 29.17  goods, service contracts, and utilities that are estimated at 
 29.18  less than $25,000, or in the case of a department of 
 29.19  transportation solicitation, at or less than $100,000.  The 
 29.20  number of vendors required to receive solicitations may be 
 29.21  determined by the commissioner.  Informal responses must be 
 29.22  authenticated by the responder in a manner specified by the 
 29.23  commissioner. 
 29.24     Sec. 13.  Minnesota Statutes 2000, section 117.51, is 
 29.25  amended to read: 
 29.26     117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] 
 29.27     In all acquisitions undertaken by any acquiring authority 
 29.28  and in all voluntary rehabilitation carried out by a person 
 29.29  pursuant to acquisition or as a consequence thereof, the 
 29.30  acquiring authority shall cooperate to the fullest extent with 
 29.31  federal departments and agencies, and it shall take all 
 29.32  necessary action in order to insure, to the maximum extent 
 29.33  possible, federal financial participation in any and all phases 
 29.34  of acquisition, including the provision of relocation 
 29.35  assistance, services, payments and benefits to displaced 
 29.36  persons.  An acquiring authority may consider reimbursing up to 
 30.1   $50,000 in relocation or reestablishment expenses of a displaced 
 30.2   business. 
 30.3      Sec. 14.  Minnesota Statutes 2000, section 161.082, 
 30.4   subdivision 2a, is amended to read: 
 30.5      Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
 30.6   (a) Money in the town bridge account must be expended on town 
 30.7   road bridge structures that are ten feet or more in length and 
 30.8   on town road culverts that replace existing town road bridges.  
 30.9   In addition, if the present bridge structure is less than ten 
 30.10  feet in length but a hydrological survey indicates that the 
 30.11  replacement bridge structure or culvert must be ten feet or more 
 30.12  in length, then the bridge or culvert is eligible for 
 30.13  replacement funds. 
 30.14     (b) In addition, if a culvert that replaces a deficient 
 30.15  bridge is in a county comprehensive water plan approved by the 
 30.16  board of water and soil resources and the department of natural 
 30.17  resources, the costs of the culvert and roadway grading other 
 30.18  than surfacing are eligible for replacement funds up to the cost 
 30.19  of constructing a replacement bridge. 
 30.20     (c) The expenditures on a bridge structure or culvert may 
 30.21  be paid from the county turnback account and may be for 100 
 30.22  percent of the cost of the replacement structure or culvert or 
 30.23  for 100 percent of the cost of rehabilitating the existing 
 30.24  structure. 
 30.25     (d) The town bridge account may be used to pay the costs to 
 30.26  abandon an existing bridge that is deficient and in need of 
 30.27  replacement, but where no replacement will be made.  It may also 
 30.28  be used to pay the costs to construct a road or street to 
 30.29  facilitate the abandonment of an existing bridge determined by 
 30.30  the commissioner to be deficient, if the commissioner determines 
 30.31  that construction of the road or street is more cost efficient 
 30.32  than replacing the existing bridge. 
 30.33     (e) When bridge approach construction work exceeds $10,000 
 30.34  in costs, or when the county engineer determines that the cost 
 30.35  of the replacement culverts alone will not exceed $20,000, or 
 30.36  engineering costs exceed $10,000, the town shall be eligible for 
 31.1   financial assistance from the town bridge account.  Financial 
 31.2   assistance shall be requested by resolution of the county board 
 31.3   and shall be limited to: 
 31.4      (1) 100 percent of the cost of the bridge approach work 
 31.5   that is in excess of $10,000; or 
 31.6      (2) 100 percent of the cost of the replacement culverts 
 31.7   when the cost does not exceed $20,000 and the town board agrees 
 31.8   to be responsible for all the other costs, which may include 
 31.9   costs for structural removal, installation, and permitting.  The 
 31.10  replacement structure design and costs shall be approved and 
 31.11  certified by the county engineer, but need not be subsequently 
 31.12  approved by the department of transportation; or 
 31.13     (3) 100 percent of all related engineering costs that 
 31.14  exceed $10,000, or in the case of towns with a net tax capacity 
 31.15  of less than $200,000, 100 percent of the engineering costs. 
 31.16     (f) Money in the town road account must be distributed as 
 31.17  provided in section 162.081. 
 31.18     Sec. 15.  Minnesota Statutes 2000, section 161.14, is 
 31.19  amended by adding a subdivision to read: 
 31.20     Subd. 48.  [KING OF TRAILS.] (a) The following described 
 31.21  route, signed as trunk highway No. 75 on the effective date of 
 31.22  this subdivision, is designated the "King of Trails":  
 31.23  Constitutional Route No. 6 from its intersection with the 
 31.24  Minnesota-Canada border southerly to its intersection with 
 31.25  Legislative Route No. 175 at or near the city of Crookston, then 
 31.26  Legislative Route No. 175 southwesterly and southerly to its 
 31.27  intersection with Constitutional Route No. 6 between the cities 
 31.28  of Halstad and Hendrum, then Constitutional Route No. 6 
 31.29  southerly to its intersection with the Minnesota-Iowa border.  
 31.30     (b) The commissioner shall adopt a suitable marking design 
 31.31  to mark the highway and erect appropriate signs, subject to 
 31.32  section 161.139. 
 31.33     Sec. 16.  Minnesota Statutes 2000, section 161.23, 
 31.34  subdivision 3, is amended to read: 
 31.35     Subd. 3.  [LEASING.] The commissioner may lease for the 
 31.36  term between the acquisition and sale thereof and for a fair 
 32.1   rental rate and upon such terms and conditions as the 
 32.2   commissioner deems proper, any excess real estate acquired under 
 32.3   the provisions of this section, and any real estate acquired in 
 32.4   fee for trunk highway purposes and not presently needed therefor 
 32.5   for those purposes.  All rents received from the leases 
 32.6   shall must be paid into the state treasury.  Seventy percent of 
 32.7   the rents shall must be credited to the trunk highway fund.  The 
 32.8   remaining 30 percent shall must be paid to the county treasurer 
 32.9   where the real estate is located, and shall be distributed in 
 32.10  the same manner as real estate taxes.  This subdivision does not 
 32.11  apply to real estate leased for the purpose of providing 
 32.12  commercial and public service advertising pursuant to franchise 
 32.13  agreements as provided in sections 160.276 to 160.278 or to fees 
 32.14  collected under section 174.70, subdivision 2. 
 32.15     [EFFECTIVE DATE.] This section is effective the day 
 32.16  following final enactment. 
 32.17     Sec. 17.  Minnesota Statutes 2000, section 161.32, 
 32.18  subdivision 1, is amended to read: 
 32.19     Subdivision 1.  [ADVERTISEMENT FOR BIDS.] The commissioner 
 32.20  may conduct the work or any part thereof of the work incidental 
 32.21  to the construction and maintenance of the trunk highways by 
 32.22  labor employed therefor to do the work or by contract.  In cases 
 32.23  of construction work, the commissioner shall first advertise for 
 32.24  bids for contracts, and if no satisfactory bids are received, 
 32.25  may either reject all bids and readvertise, or do the work by 
 32.26  labor employed therefor to do the work.  Except as hereinafter 
 32.27  provided in subdivision 3 or 4, when work is to be done under 
 32.28  contract, the commissioner shall advertise for bids once each 
 32.29  week for three successive weeks prior to the date such the bids 
 32.30  are to be received.  The advertisement for bids shall must be 
 32.31  published in a newspaper or other periodical of general 
 32.32  circulation in the state and may be placed on the Internet.  The 
 32.33  plans and specifications for the proposed work shall must be on 
 32.34  file in the commissioner's office prior to the first call for 
 32.35  bids. 
 32.36     [EFFECTIVE DATE.] This section is effective the day 
 33.1   following final enactment. 
 33.2      Sec. 18.  Minnesota Statutes 2000, section 161.32, 
 33.3   subdivision 1a, is amended to read: 
 33.4      Subd. 1a.  [STANDARD SPECIFICATIONS, SECURITY.] Contracts 
 33.5   under this section must be based on specifications prescribed by 
 33.6   the commissioner.  Each bidder for a contract must shall furnish 
 33.7   security approved by the commissioner to ensure completion of 
 33.8   the contract.  The commissioner may require that bid, 
 33.9   performance or payment bonds, or other security be furnished 
 33.10  electronically.  
 33.11     [EFFECTIVE DATE.] This section is effective the day 
 33.12  following final enactment. 
 33.13     Sec. 19.  Minnesota Statutes 2000, section 161.32, 
 33.14  subdivision 1b, is amended to read: 
 33.15     Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
 33.16  bids electronically in a form and manner required by the 
 33.17  commissioner.  Trunk highway construction contracts, including 
 33.18  design-build contracts, must be awarded to the lowest 
 33.19  responsible bidder, taking into consideration conformity with 
 33.20  the specifications, the purpose for which the contract or 
 33.21  purchase is intended, the status and capability of the vendor, 
 33.22  and other considerations imposed in the call for bids.  The 
 33.23  commissioner may decide which is the lowest responsible bidder 
 33.24  for all contracts and may use the principles of life-cycle 
 33.25  costing, where when appropriate, in determining the lowest 
 33.26  overall bid.  Any or all bids may be rejected.  In a case 
 33.27  where When competitive bids are required and where all bids are 
 33.28  rejected, new bids, if solicited, must be called for as in the 
 33.29  first instance, unless otherwise provided by law. 
 33.30     [EFFECTIVE DATE.] This section is effective the day 
 33.31  following final enactment. 
 33.32     Sec. 20.  Minnesota Statutes 2000, section 161.32, 
 33.33  subdivision 1e, is amended to read: 
 33.34     Subd. 1e.  [RECORD.] A record must be kept of all bids, 
 33.35  including names of bidders, amounts of bids, and each successful 
 33.36  bid.  After the contract is awarded, this record is open to 
 34.1   public inspection and may be posted on the Internet. 
 34.2      [EFFECTIVE DATE.] This section is effective the day 
 34.3   following final enactment. 
 34.4      Sec. 21.  [161.3205] [PROFESSIONAL AND TECHNICAL SERVICES 
 34.5   CONTRACTS.] 
 34.6      Subdivision 1.  [SCOPE; AUTHORITY GENERALLY.] (a) 
 34.7   Notwithstanding other law to the contrary, this section applies 
 34.8   to professional and technical services contracts entered into by 
 34.9   the commissioner of transportation. 
 34.10     (b) The commissioner has the authority and duty to: 
 34.11     (1) approve state transportation project plans and 
 34.12  specifications; 
 34.13     (2) award transportation construction and maintenance 
 34.14  contracts; 
 34.15     (3) approve, select, and award professional and technical 
 34.16  consultant contracts for state transportation projects; and 
 34.17     (4) approve utility and municipal agreements affecting 
 34.18  state transportation projects. 
 34.19     Subd. 2.  [DEFINITION OF PROFESSIONAL OR TECHNICAL 
 34.20  SERVICES.] For purposes of this section, "professional or 
 34.21  technical services" means services that are intellectual in 
 34.22  character, including consultative, analytical, evaluative, 
 34.23  predictive, planning, programming, or recommendatory, and that 
 34.24  result in the production of a report or the completion of a 
 34.25  task.  Professional or technical contracts do not include the 
 34.26  provision of supplies or materials, except (1) by the approval 
 34.27  of the commissioner or (2) as incidental to providing 
 34.28  professional or technical services. 
 34.29     Subd. 3.  [DUTIES OF COMMISSIONER.] Before entering into a 
 34.30  professional or technical services contract with a value 
 34.31  exceeding $100,000, the commissioner shall certify that: 
 34.32     (1) no current state employee is able and available to 
 34.33  perform the services called for by the contract; 
 34.34     (2) the normal competitive bidding mechanisms do not 
 34.35  provide for adequate performance of the services; 
 34.36     (3) the contractor has certified that the product of the 
 35.1   services will be original in character; 
 35.2      (4) reasonable efforts were made to publicize the 
 35.3   availability of the contract to the public; 
 35.4      (5) the agency has received, reviewed, and accepted a 
 35.5   detailed work plan from the contractor for performance under the 
 35.6   contract, if applicable; 
 35.7      (6) the commissioner has developed and will implement a 
 35.8   written plan providing for the assignment of specific agency 
 35.9   personnel to a monitoring and liaison function, the periodic 
 35.10  review of interim reports or other indications of past 
 35.11  performance, and the ultimate utilization of the final product 
 35.12  of the services; and 
 35.13     (7) the department will not allow the contractor to begin 
 35.14  work before funds are fully encumbered. 
 35.15     Subd. 4.  [CONTRACT PROCEDURES.] Before approving a 
 35.16  proposed contract for professional or technical services, the 
 35.17  commissioner shall determine, at least, that: 
 35.18     (1) the work to be performed under the contract is 
 35.19  necessary to the agency's achievement of its statutory 
 35.20  responsibilities and there is statutory authority to enter into 
 35.21  the contract; 
 35.22     (2) the contract does not establish an employment 
 35.23  relationship between the state or the agency and any persons 
 35.24  performing under the contract; 
 35.25     (3) the contractor and agents are not employees of the 
 35.26  state; 
 35.27     (4) no agency has previously performed or contracted for 
 35.28  the performance of tasks that would be substantially duplicated 
 35.29  under the proposed contract; 
 35.30     (5) the commissioner has specified a satisfactory method of 
 35.31  evaluating and using the results of the work to be performed; 
 35.32  and 
 35.33     (6) the combined contract and amendments will not exceed 
 35.34  five years, unless otherwise provided for by law.  The term of 
 35.35  the original contract must not exceed two years, unless the 
 35.36  commissioner determines that a longer duration is in the best 
 36.1   interest of the state. 
 36.2      Subd. 5.  [CONTRACT TERMINATION AND PAYMENT TERMS.] (a) A 
 36.3   professional or technical services contract must by its terms 
 36.4   permit the commissioner to unilaterally terminate the contract 
 36.5   prior to completion, upon payment of just compensation, if the 
 36.6   commissioner determines that further performance under the 
 36.7   contract would not serve agency purposes. 
 36.8      (b) The commissioner shall approve and make final payment 
 36.9   on all professional and technical services contracts within six 
 36.10  months after the contractor delivers the final documents and 
 36.11  invoice.  Overdue payments are subject to the applicable prompt 
 36.12  payment provisions of section 16A.124. 
 36.13     (c) The terms of a contract must provide that no more than 
 36.14  90 percent of the amount due under the contract may be paid 
 36.15  until the final product has been reviewed by the head of the 
 36.16  agency entering into the contract and the head of the agency has 
 36.17  certified that the contractor has satisfactorily fulfilled the 
 36.18  terms of the contract, unless specifically excluded in writing 
 36.19  by the commissioner.  This paragraph does not apply to contracts 
 36.20  for professional services as defined in sections 326.02 to 
 36.21  326.15. 
 36.22     Subd. 6.  [REPORTS.] (a) The commissioner shall submit to 
 36.23  the governor, the chair of the ways and means committee of the 
 36.24  house of representatives, the chair of the senate state 
 36.25  government finance committee, and the legislative reference 
 36.26  library a yearly listing of all contracts for professional or 
 36.27  technical services executed.  The report must identify the 
 36.28  contractor, contract amount, duration, and services to be 
 36.29  provided.  The commissioner shall also issue yearly reports 
 36.30  summarizing the contract review activities of the department by 
 36.31  fiscal year.  
 36.32     (b) The fiscal year report must be submitted by September 1 
 36.33  of each year and must: 
 36.34     (1) be sorted by contractor; 
 36.35     (2) show the aggregate value of contracts issued to each 
 36.36  contractor; 
 37.1      (3) distinguish between contracts that are being issued for 
 37.2   the first time and contracts that are being extended; 
 37.3      (4) state the termination date of each contact; and 
 37.4      (5) identify services by commodity code, including topics 
 37.5   such as contracts for training and contracts for research. 
 37.6      (c) Within 30 days of final completion of a contract over 
 37.7   $100,000 covered by this subdivision, the commissioner must 
 37.8   submit a one-page report to the legislative reference library.  
 37.9   The report must: 
 37.10     (1) summarize the purpose of the contract, including why it 
 37.11  was necessary to enter into a contract; 
 37.12     (2) state the amount spent on the contract; and 
 37.13     (3) explain why this amount was a cost-effective way to 
 37.14  enable the agency to provide its services or products better or 
 37.15  more efficiently. 
 37.16     Subd. 7.  [PROCUREMENT FROM SMALL BUSINESS.] This section 
 37.17  is subject to section 16C.16. 
 37.18     Sec. 22.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
 37.19  CORRIDOR DEVELOPMENT.] 
 37.20     Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
 37.21  the commissioner, a road authority other than the commissioner 
 37.22  or two or more road authorities that have entered into a joint 
 37.23  powers agreement under section 471.59 may make advances from any 
 37.24  available funds to the commissioner to expedite development of 
 37.25  an interregional transportation corridor, including funds for 
 37.26  design consultants, for right-of-way purchases, for 
 37.27  construction, or for other related expenditures. 
 37.28     Subd. 2.  [REPAYMENT.] Subject to the availability of state 
 37.29  money, the commissioner shall repay the amount advanced under 
 37.30  this section, up to the state's share of costs, under terms of 
 37.31  the agreement.  The agreement may provide for payment of 
 37.32  interest on the amount of advanced funds.  The maximum interest 
 37.33  rate that may be paid is the rate earned by the state on 
 37.34  invested treasurer's cash for the month before the date the 
 37.35  agreement is executed or the actual interest paid by the road 
 37.36  authority in borrowing for the amount advanced, whichever rate 
 38.1   is less.  The total amount of annual repayment to road 
 38.2   authorities under this section and section 161.361 must never 
 38.3   exceed the amount stated in the department's debt management 
 38.4   policy or $10,000,000, whichever is less. 
 38.5      [EFFECTIVE DATE.] This section is effective the day 
 38.6   following final enactment. 
 38.7      Sec. 23.  [161.366] [TRANSPORTATION CONSTRUCTION CONTRACT; 
 38.8   TACONITE RELIEF AREA.] 
 38.9      The commissioner of transportation, as a condition of 
 38.10  awarding a transportation construction contract in the taconite 
 38.11  tax relief area, may require the contractor to hire a certain 
 38.12  percentage of workers for that contract whose principal place of 
 38.13  residence is in the taconite tax relief area.  Taconite tax 
 38.14  relief area means the tax relief area defined in section 273.134.
 38.15     [EFFECTIVE DATE.] This section is effective the day 
 38.16  following final enactment. 
 38.17     Sec. 24.  Minnesota Statutes 2000, section 162.06, 
 38.18  subdivision 3, is amended to read: 
 38.19     Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
 38.20  administrative costs as provided in subdivision 2, the 
 38.21  commissioner shall set aside each year a sum of money equal to 
 38.22  one percent of the remaining money in the county state-aid 
 38.23  highway fund to provide for a disaster account; provided that 
 38.24  the total amount of money in the disaster account shall must 
 38.25  never exceed one two percent of the total sums to be apportioned 
 38.26  to the counties.  This sum shall must be used to provide aid to 
 38.27  any county encountering disasters or unforeseen events affecting 
 38.28  its county state-aid highway system, and resulting in an undue 
 38.29  and burdensome financial hardship.  
 38.30     (b) Any county desiring aid by reason of such disaster or 
 38.31  unforeseen event shall request the aid in the form required by 
 38.32  the commissioner.  Upon receipt of the request, the commissioner 
 38.33  shall appoint a board consisting of two representatives of the 
 38.34  counties, who must be either a county engineer or member of a 
 38.35  county board, from counties other than the requesting county, 
 38.36  and a representative of the commissioner.  The board shall 
 39.1   investigate the matter and report its findings and 
 39.2   recommendations in writing to the commissioner.  
 39.3      (c) Final determination of the amount of aid, if any, to be 
 39.4   paid to the county from the disaster account shall must be made 
 39.5   by the commissioner.  Upon determining to aid any such a 
 39.6   requesting county, the commissioner shall certify to the 
 39.7   commissioner of finance the amount of the aid, and the 
 39.8   commissioner of finance shall thereupon then issue a warrant in 
 39.9   that amount payable to the county treasurer of the county.  
 39.10  Money so paid shall must be expended on the county state-aid 
 39.11  highway system in accordance with the rules of the commissioner. 
 39.12     Sec. 25.  Minnesota Statutes 2000, section 162.12, 
 39.13  subdivision 3, is amended to read: 
 39.14     Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
 39.15  administrative costs as provided in subdivision 2, the 
 39.16  commissioner shall set aside each year a sum of money equal to 
 39.17  two percent of the remaining money in the municipal state-aid 
 39.18  street fund to provide for a disaster account; provided, that 
 39.19  the total amount of money in the disaster account shall must 
 39.20  never exceed five three percent of the total sums to be 
 39.21  apportioned to the statutory and home rule charter cities having 
 39.22  a population of 5,000 or more.  The disaster account shall must 
 39.23  be used to provide aid to any such city encountering disaster or 
 39.24  unforeseen event affecting the municipal state-aid street system 
 39.25  of the city, and resulting in an undue and burdensome financial 
 39.26  hardship. 
 39.27     (b) Any such city desiring aid by reason of such disaster 
 39.28  or unforeseen event shall request aid in the form required by 
 39.29  the commissioner. Upon receipt of the request the commissioner 
 39.30  shall appoint a board consisting of two representatives of the 
 39.31  cities, who must be either a city engineer or member of the 
 39.32  governing body of a city, from cities other than the requesting 
 39.33  city, and a representative of the commissioner.  The board shall 
 39.34  investigate the matter and report its findings and 
 39.35  recommendations in writing to the commissioner.  
 39.36     (c) Final determination of the amount of aid, if any, to be 
 40.1   paid to the city from the disaster account shall must be made by 
 40.2   the commissioner.  Upon determining to aid the city, the 
 40.3   commissioner shall certify to the commissioner of finance the 
 40.4   amount of aid, and the commissioner of finance shall 
 40.5   thereupon then issue a warrant in that amount payable to the 
 40.6   fiscal officer of the city.  Money so paid shall must be 
 40.7   expended on the municipal state-aid street system in accordance 
 40.8   with rules of the commissioner. 
 40.9      Sec. 26.  [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 
 40.10  PROCEEDS.] 
 40.11     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 40.12  subdivision apply to this section. 
 40.13     (b) "State trunk highway bond-financed property" means 
 40.14  property acquired, improved, or maintained in whole or in part 
 40.15  with the proceeds of state trunk highway bonds authorized to be 
 40.16  issued under the Minnesota Constitution, article XIV, section 11.
 40.17     (c) "Outstanding state trunk highway bonds" means the 
 40.18  dollar amount of state trunk highway bonds, including any 
 40.19  refunding state trunk highway bonds, issued with respect to 
 40.20  state trunk highway bond-financed property, less the principal 
 40.21  amount of state trunk highway bonds paid or defeased. 
 40.22     Subd. 2.  [LEASES.] (a) State trunk highway bond-financed 
 40.23  property may only be leased (1) for those purposes authorized by 
 40.24  law, (2) in accordance with the requirements of all other laws 
 40.25  and duly adopted rules applicable thereto, and orders, if any, 
 40.26  of the commissioner of finance intended to ensure the legality 
 40.27  and tax-exempt status of outstanding state trunk highway bonds, 
 40.28  and (3) with the approval of the commissioner of finance.  A 
 40.29  lease of state trunk highway bond-financed property, including 
 40.30  any renewals that are solely at the option of the lessee, must 
 40.31  be for a term substantially less than the useful life of the 
 40.32  state trunk highway bond-financed property, but may allow 
 40.33  renewal beyond that term upon a determination by the 
 40.34  commissioner of transportation that the use continues to be 
 40.35  authorized by law and that the additional term is authorized by 
 40.36  law.  A lease of state trunk highway bond-financed property must 
 41.1   be terminable by the commissioner of transportation if the other 
 41.2   contracting party defaults under the contract and must provide 
 41.3   for oversight by the commissioner of transportation.  
 41.4      (b) Notwithstanding the provisions of any other law, money 
 41.5   received by the state under a lease of state trunk highway 
 41.6   bond-financed property must be paid to the commissioner of 
 41.7   transportation, deposited in the state trunk highway fund, and 
 41.8   used to pay or redeem or defease any outstanding state trunk 
 41.9   highway bonds in accordance with the commissioner of finance's 
 41.10  order authorizing their issuance.  The money paid to the 
 41.11  commissioner of transportation is appropriated for this 
 41.12  purpose.  Money in excess of the foregoing requirement must be 
 41.13  applied as otherwise required by law. 
 41.14     Subd. 3.  [SALES.] (a) State trunk highway bond-financed 
 41.15  property must not be sold unless the sale (1) is for a purpose 
 41.16  authorized by law, (2) is conducted in accordance with 
 41.17  applicable law and duly adopted rules, (3) is made in accordance 
 41.18  with orders, if any, of the commissioner of finance intended to 
 41.19  ensure the legality and tax-exempt status of outstanding state 
 41.20  trunk highway bonds, and (4) is approved by the commissioner of 
 41.21  finance. 
 41.22     (b) Notwithstanding any other law, the net proceeds of a 
 41.23  sale of any state trunk highway bond-financed property must be 
 41.24  paid to the commissioner of transportation, deposited in the 
 41.25  state trunk highway fund, and used to pay or redeem or defease 
 41.26  any outstanding trunk highway bonds in accordance with the 
 41.27  commissioner of finance's order authorizing their issuance.  The 
 41.28  net proceeds of sale paid to the commissioner of transportation 
 41.29  are appropriated for these purposes.  Any net proceeds of sale 
 41.30  in excess of the foregoing requirement must be applied as 
 41.31  otherwise required by law.  When all of the net proceeds of sale 
 41.32  have been applied as provided in this subdivision, the sold 
 41.33  property is no longer considered state trunk highway 
 41.34  bond-financed property. 
 41.35     Subd. 4.  [RELATION TO OTHER LAWS.] This section applies to 
 41.36  all state trunk highway bond-financed property unless otherwise 
 42.1   provided by law. 
 42.2      Sec. 27.  Minnesota Statutes 2000, section 167.51, 
 42.3   subdivision 2, is amended to read: 
 42.4      Subd. 2.  [TRANSFERS.] All money transferred from the trunk 
 42.5   highway fund or from any other source to the Minnesota trunk 
 42.6   highway bond account and all income from the investment thereof 
 42.7   shall be available for the payment of outstanding state trunk 
 42.8   highway bonds and interest thereon, whether or not issued 
 42.9   pursuant to section 167.50, in the same manner as the proceeds 
 42.10  of taxes paid into the trunk highway fund, and so much thereof 
 42.11  as may be necessary is appropriated for such payments.  The 
 42.12  legislature may appropriate and transfer to the Minnesota trunk 
 42.13  highway bond account, for the payment of such trunk highway 
 42.14  bonds and interest thereon, any other moneys in the state 
 42.15  treasury not otherwise appropriated.  The commissioner of 
 42.16  finance and the state treasurer are directed to make the 
 42.17  appropriate entries in the accounts of the respective funds.  
 42.18     Sec. 28.  Minnesota Statutes 2000, section 168.011, 
 42.19  subdivision 7, is amended to read: 
 42.20     Subd. 7.  [PASSENGER AUTOMOBILE.] "Passenger automobile" 
 42.21  means any motor vehicle designed and used for the carrying of 
 42.22  not more than 15 persons including the driver.  "Passenger 
 42.23  automobile" does not include motorcycles, motor scooters, and 
 42.24  buses described in subdivision 9, paragraph (a), clause (2).  
 42.25  For purposes of taxation only, "passenger automobile" includes 
 42.26  pickup trucks and vans, other than including those vans designed 
 42.27  to carry passengers with a manufacturer's nominal rated carrying 
 42.28  capacity of one ton, but does not include commuter vans as 
 42.29  defined in section 168.126. 
 42.30     Sec. 29.  Minnesota Statutes 2000, section 168.012, 
 42.31  subdivision 1, is amended to read: 
 42.32     Subdivision 1.  [VEHICLES EXEMPT FROM TAX AND REGISTRATION 
 42.33  FEES.] (a) The following vehicles are exempt from the provisions 
 42.34  of this chapter requiring payment of tax and registration fees, 
 42.35  except as provided in subdivision 1c:  
 42.36     (1) vehicles owned and used solely in the transaction of 
 43.1   official business by the federal government, the state, or any 
 43.2   political subdivision; 
 43.3      (2) vehicles owned and used exclusively by educational 
 43.4   institutions and used solely in the transportation of pupils to 
 43.5   and from such those institutions; 
 43.6      (3) vehicles used solely in driver education programs at 
 43.7   nonpublic high schools; 
 43.8      (4) vehicles owned by nonprofit charities and used 
 43.9   exclusively to transport disabled persons for educational 
 43.10  purposes; 
 43.11     (5) vehicles owned and used by honorary consul; 
 43.12     (6) ambulances owned by ambulance services licensed under 
 43.13  section 144E.10, the general appearance of which is 
 43.14  unmistakable; and 
 43.15     (7) vehicles owned by a commercial driving school licensed 
 43.16  under section 171.34, or an employee of a commercial driving 
 43.17  school licensed under section 171.34, and the vehicle is used 
 43.18  exclusively for driver education and training. 
 43.19     (b) Vehicles owned by the federal government, municipal 
 43.20  fire apparatuses including fire-suppression support vehicles, 
 43.21  police patrols, and ambulances, the general appearance of which 
 43.22  is unmistakable, shall are not be required to register or 
 43.23  display number plates.  
 43.24     (c) Unmarked vehicles used in general police work, liquor 
 43.25  investigations, or arson investigations, and passenger 
 43.26  automobiles, pickup trucks, and buses owned or operated by the 
 43.27  department of corrections shall, must be registered and shall 
 43.28  must display appropriate license number plates which shall be, 
 43.29  furnished by the registrar at cost.  Original and renewal 
 43.30  applications for these license plates authorized for use in 
 43.31  general police work and for use by the department of corrections 
 43.32  must be accompanied by a certification signed by the appropriate 
 43.33  chief of police if issued to a police vehicle, the appropriate 
 43.34  sheriff if issued to a sheriff's vehicle, the commissioner of 
 43.35  corrections if issued to a department of corrections vehicle, or 
 43.36  the appropriate officer in charge if issued to a vehicle of any 
 44.1   other law enforcement agency.  The certification must be on a 
 44.2   form prescribed by the commissioner and state that the vehicle 
 44.3   will be used exclusively for a purpose authorized by this 
 44.4   section.  
 44.5      (d) Unmarked vehicles used by the departments of revenue 
 44.6   and labor and industry, fraud unit, in conducting seizures or 
 44.7   criminal investigations must be registered and must display 
 44.8   passenger vehicle classification license number plates which 
 44.9   shall be, furnished at cost by the registrar.  Original and 
 44.10  renewal applications for these passenger vehicle license plates 
 44.11  must be accompanied by a certification signed by the 
 44.12  commissioner of revenue or the commissioner of labor and 
 44.13  industry.  The certification must be on a form prescribed by the 
 44.14  commissioner and state that the vehicles will be used 
 44.15  exclusively for the purposes authorized by this section. 
 44.16     (e) Unmarked vehicles used by the division of disease 
 44.17  prevention and control of the department of health must be 
 44.18  registered and must display passenger vehicle classification 
 44.19  license number plates.  These plates must be furnished at cost 
 44.20  by the registrar.  Original and renewal applications for these 
 44.21  passenger vehicle license plates must be accompanied by a 
 44.22  certification signed by the commissioner of health.  The 
 44.23  certification must be on a form prescribed by the commissioner 
 44.24  and state that the vehicles will be used exclusively for the 
 44.25  official duties of the division of disease prevention and 
 44.26  control.  
 44.27     (f) Unmarked vehicles used by staff of the gambling control 
 44.28  board in gambling investigations and reviews must be registered 
 44.29  and must display passenger vehicle classification license number 
 44.30  plates.  These plates must be furnished at cost by the 
 44.31  registrar.  Original and renewal applications for these 
 44.32  passenger vehicle license plates must be accompanied by a 
 44.33  certification signed by the board chair.  The certification must 
 44.34  be on a form prescribed by the commissioner and state that the 
 44.35  vehicles will be used exclusively for the official duties of the 
 44.36  gambling control board.  
 45.1      (g) All other motor vehicles shall must be registered and 
 45.2   display tax-exempt number plates which shall be, furnished by 
 45.3   the registrar at cost, except as provided in subdivision 1c.  
 45.4   All vehicles required to display tax-exempt number plates shall 
 45.5   must have the name of the state department or political 
 45.6   subdivision, nonpublic high school operating a driver education 
 45.7   program, or licensed commercial driving school, on the vehicle 
 45.8   plainly displayed on both sides of the vehicle; except that each 
 45.9   state hospital and institution for the mentally ill and mentally 
 45.10  retarded may have one vehicle without the required 
 45.11  identification on the sides of the vehicle, and county social 
 45.12  service agencies may have vehicles used for child and vulnerable 
 45.13  adult protective services without the required identification on 
 45.14  the sides of the vehicle.  Such This identification shall must 
 45.15  be in a color giving contrast with that of the part of the 
 45.16  vehicle on which it is placed and shall must endure throughout 
 45.17  the term of the registration.  The identification must not be on 
 45.18  a removable plate or placard and shall must be kept clean and 
 45.19  visible at all times; except that a removable plate or placard 
 45.20  may be utilized on vehicles leased or loaned to a political 
 45.21  subdivision or to a nonpublic high school driver education 
 45.22  program. 
 45.23     Sec. 30.  Minnesota Statutes 2000, section 168.013, 
 45.24  subdivision 1d, is amended to read: 
 45.25     Subd. 1d.  [TRAILER.] (a) On trailers registered at a gross 
 45.26  vehicle weight of greater than 3,000 pounds, the annual tax is 
 45.27  based on total gross weight and is 30 percent of the Minnesota 
 45.28  base rate prescribed in subdivision 1e, when the gross weight is 
 45.29  15,000 pounds or less, and when the gross weight of a trailer is 
 45.30  more than 15,000 pounds, the tax for the first eight years of 
 45.31  vehicle life is 100 percent of the tax imposed in the Minnesota 
 45.32  base rate schedule, and during the ninth and succeeding years of 
 45.33  vehicle life the tax is 75 percent of the Minnesota base rate 
 45.34  prescribed by subdivision 1e, but in no event less than $5, 
 45.35  provided, that the tax on trailers with a total gross weight of 
 45.36  3,000 pounds or less is payable biennially.  
 46.1      (b) Farm trailers with a gross weight in excess of 10,000 
 46.2   pounds and as described in section 168.011, subdivision 17, are 
 46.3   taxed as farm trucks as prescribed in subdivision 1c. 
 46.4      (c) Effective on and after July 1, 2001, trailers 
 46.5   registered at a gross vehicle weight of 3,000 pounds or less 
 46.6   must display a distinctive plate.  The registration on the 
 46.7   license plate is valid for the life of the trailer only if it 
 46.8   remains registered at the same gross vehicle weight.  The 
 46.9   onetime registration tax for trailers registered for the first 
 46.10  time in Minnesota is $55.  For trailers registered in Minnesota 
 46.11  before July 1, 2001, and for which: 
 46.12     (1) registration is desired for the remaining life of the 
 46.13  trailer, the registration tax is $25; or 
 46.14     (2) permanent registration is not desired, the biennial 
 46.15  registration tax is $10 for the first renewal if registration is 
 46.16  renewed between and including July 1, 2001, and June 30, 2003.  
 46.17  These trailers must be issued permanent registration at the 
 46.18  first renewal on or after July 1, 2003, and the registration tax 
 46.19  is $20.  
 46.20  For trailers registered at a gross weight of 3,000 pounds or 
 46.21  less before July 1, 2001, but not renewed until on or after July 
 46.22  1, 2003, the registration tax is $20 and permanent registration 
 46.23  must be issued. 
 46.24     Sec. 31.  Minnesota Statutes 2000, section 168.09, 
 46.25  subdivision 7, is amended to read: 
 46.26     Subd. 7.  [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 
 46.27  (a) A vehicle that displays a special plate issued under section 
 46.28  168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 
 46.29  168.124; 168.125; 168.126; 168.128; or 168.129 may display a 
 46.30  temporary permit in conjunction with expired registration if: 
 46.31     (1) the current registration tax and all other fees have 
 46.32  been paid in full; and 
 46.33     (2) the plate requires replacement under section 168.12, 
 46.34  subdivision 1, paragraph (b), clause (3). 
 46.35     (b) A vehicle that is registered under section 168.10 may 
 46.36  display a temporary permit in conjunction with expired 
 47.1   registration, with or without a registration license plate, if: 
 47.2      (1) the license plates have been applied for and the 
 47.3   registration tax has been paid in full, as provided for in 
 47.4   section 168.10; and 
 47.5      (2) the vehicle is used solely as a collector vehicle while 
 47.6   displaying the temporary permit and not used for general 
 47.7   transportation purposes. 
 47.8      (b) (c) The permit is valid for a period of 60 days.  The 
 47.9   permit must be in a form prescribed by the commissioner of 
 47.10  public safety and whenever practicable must be posted upon the 
 47.11  driver's side of the rear window on the inside of the vehicle.  
 47.12  The permit is valid only for the vehicle for which it was issued 
 47.13  to allow a reasonable time for the new license plates to be 
 47.14  manufactured and delivered to the applicant. 
 47.15     Sec. 32.  Minnesota Statutes 2000, section 168.12, 
 47.16  subdivision 1, is amended to read: 
 47.17     Subdivision 1.  [NUMBER PLATES; DESIGN, VISIBILITY, PERIODS 
 47.18  OF ISSUANCE.] (a) The registrar, upon the approval and payment, 
 47.19  shall issue to the applicant the number plates required by law, 
 47.20  bearing the state name and the number assigned.  The number 
 47.21  assigned may be a combination of a letter or sign with figures.  
 47.22  The color of the plates and the color of the abbreviation of the 
 47.23  state name and the number assigned shall be in marked contrast.  
 47.24  The plates shall be lettered, spaced, or distinguished to 
 47.25  suitably indicate the registration of the vehicle according to 
 47.26  the rules of the registrar, and when a vehicle is registered on 
 47.27  the basis of total gross weight, the plates issued shall clearly 
 47.28  indicate by letters or other suitable insignia the maximum gross 
 47.29  weight for which the tax has been paid.  These number plates 
 47.30  shall be so treated as to be at least 100 times brighter than 
 47.31  the conventional painted number plates.  When properly mounted 
 47.32  on an unlighted vehicle, these number plates, when viewed from a 
 47.33  vehicle equipped with standard headlights, shall be visible for 
 47.34  a distance of not less than 1,500 feet and readable for a 
 47.35  distance of not less than 110 feet. 
 47.36     (b) The registrar shall issue these number plates for the 
 48.1   following periods: 
 48.2      (1) New number plates issued pursuant to section 168.012, 
 48.3   subdivision 1, shall be issued to a vehicle for as long as it is 
 48.4   owned by the exempt agency and shall not be transferable from 
 48.5   one vehicle to another but may be transferred with the vehicle 
 48.6   from one tax-exempt agency to another.  
 48.7      (2) Plates issued for passenger automobiles as defined in 
 48.8   section 168.011, subdivision 7, shall be issued for a seven-year 
 48.9   period.  All plates issued under this paragraph must be replaced 
 48.10  if they are seven years old or older at the time of annual 
 48.11  registration or will become so during the registration period. 
 48.12     (3) Number plates issued under sections 168.053 and 168.27, 
 48.13  subdivisions 16 and 17, shall be for a seven-year period. 
 48.14     (4) Number plates issued under subdivisions 2c and 2d and 
 48.15  section 168.123 shall be issued for the life of the veteran 
 48.16  under section 169.79. 
 48.17     (5) Plates for any vehicle not specified in clauses (1) to 
 48.18  (3), except for trailers as hereafter provided, shall be issued 
 48.19  for the life of the vehicle.  Beginning with number plates 
 48.20  issued for the year 1981, plates issued for trailers with a 
 48.21  total gross weight of 3,000 pounds or less shall be issued for 
 48.22  the life of the trailer and shall be not more than seven inches 
 48.23  in length and four inches in width. 
 48.24     (c) In a year in which plates are not issued, the registrar 
 48.25  shall issue for each registration a tab or sticker to designate 
 48.26  the year of registration.  This tab or sticker shall show the 
 48.27  calendar year or years for which issued, and is valid only for 
 48.28  that period.  The number plates, number tabs, or stickers issued 
 48.29  for a motor vehicle may not be transferred to another motor 
 48.30  vehicle during the period for which it is issued, except a motor 
 48.31  vehicle registered under section 168.187. 
 48.32     (d) Notwithstanding any other provision of this 
 48.33  subdivision, number plates issued to a vehicle which is used for 
 48.34  behind-the-wheel instruction in a driver education course in a 
 48.35  public school may be transferred to another vehicle used for the 
 48.36  same purpose without payment of any additional fee.  The 
 49.1   registrar shall be notified of each transfer of number plates 
 49.2   under this paragraph and may prescribe a form for notification. 
 49.3      Sec. 33.  Minnesota Statutes 2000, section 168.1291, 
 49.4   subdivision 1, is amended to read: 
 49.5      Subdivision 1.  [DEFINITION.] For purposes of this section 
 49.6   "special license plates" means license plates issued under 
 49.7   sections 168.12, subdivisions 2b to and 2e; 168.123; 168.1235; 
 49.8   and 168.129. 
 49.9      Sec. 34.  Minnesota Statutes 2000, section 168.27, 
 49.10  subdivision 12a, is amended to read: 
 49.11     Subd. 12a.  [GROUNDS FOR CANCELLATION WITHOUT HEARING; 
 49.12  NOTICE REQUIRED.] (a) A license may be canceled by the registrar 
 49.13  after notice to the dealer, upon satisfactory proof that the 
 49.14  dealer:  (1) has failed to provide or maintain the required 
 49.15  surety bond, or that the dealer; (2) has failed to provide or 
 49.16  maintain the insurance required under chapter 65B; or (3) is no 
 49.17  longer operating at the dealer's licensed location. 
 49.18     (b) Surety companies and insurers providing required 
 49.19  coverages shall promptly notify the registrar upon canceling any 
 49.20  surety bond or required insurance.  The registrar shall notify 
 49.21  the dealer of the reason or reasons for cancellation before the 
 49.22  cancellation occurs. 
 49.23     Sec. 35.  Minnesota Statutes 2000, section 168.27, 
 49.24  subdivision 20, is amended to read: 
 49.25     Subd. 20.  [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 
 49.26  This section shall does not apply: 
 49.27     (1) to any person, copartnership, or corporation engaged in 
 49.28  the business of selling vehicles designed to operate exclusively 
 49.29  over snow, motor scooters, motorized wheelchairs, utility 
 49.30  trailers, farm wagons, farm trailers, or farm tractors or other 
 49.31  farm implements, whether self-propelled or not, and even 
 49.32  though such wagons, trailers, tractors or implements a vehicle 
 49.33  listed in this clause may be equipped with a trailer hitch,; or 
 49.34     (2) to any person licensed as a real estate broker or 
 49.35  salesperson pursuant to chapter 82, who engages in the business 
 49.36  of selling, or who offers to sell, or who solicits or advertises 
 50.1   the sale of manufactured homes affixed to land, unless such. 
 50.2      (b) However, this section does apply to a person, 
 50.3   copartnership, or corporation shall described in paragraph (a) 
 50.4   who is also be engaged in the business of selling other motor 
 50.5   vehicles or manufactured homes within the provisions of this 
 50.6   section. 
 50.7      (b) (c) As used in this subdivision the term "utility 
 50.8   trailer" has the following meaning:, "utility trailer" means a 
 50.9   motorless vehicle, other than a boat trailer or snowmobile 
 50.10  trailer, equipped with one or two wheels and, having a carrying 
 50.11  capacity of 2000 gross vehicle weight of 4,000 pounds or less, 
 50.12  and used for carrying property on its own structure while being 
 50.13  drawn by a motor vehicle. 
 50.14     Sec. 36.  Minnesota Statutes 2000, section 168.33, 
 50.15  subdivision 7, is amended to read: 
 50.16     Subd. 7.  [FILING FEE.] (a) In addition to all other 
 50.17  statutory fees and taxes, a filing fee of $3.50 is imposed on 
 50.18  every application: 
 50.19     (i) $4.50 is imposed on every motor vehicle registration 
 50.20  renewal, excluding pro rate transactions; and 
 50.21     (ii) $7 is imposed on every other type of vehicle 
 50.22  transaction, including pro rate transactions; 
 50.23  except that a filing fee may not be charged for a document 
 50.24  returned for a refund or for a correction of an error made by 
 50.25  the department of public safety, a licensed auto dealer, or a 
 50.26  deputy registrar.  The filing fee shall must be shown as a 
 50.27  separate item on all registration renewal notices sent out by 
 50.28  the department of public safety.  No filing fee or other fee may 
 50.29  be charged for the permanent surrender of a certificate of title 
 50.30  and license plates for a motor vehicle.  
 50.31     (b) Filing fees collected under this subdivision by the 
 50.32  registrar department must be paid into the state treasury and 
 50.33  credited to the highway user tax distribution fund, except fees 
 50.34  for registrations of motor vehicles.  Filing fees collected for 
 50.35  registrations of motor vehicles in conjunction with a title 
 50.36  transfer or first application in this state must be paid into 
 51.1   the state treasury with 50 percent of the money credited to the 
 51.2   general fund and 50 percent credited to the highway user tax 
 51.3   distribution fund. 
 51.4      (c) A motor vehicle dealer shall retain $2.50 of each 
 51.5   filing fee imposed under this subdivision for a completed 
 51.6   transaction involving the sale of a motor vehicle to or by a 
 51.7   licensed dealer, if the dealer electronically transmits the 
 51.8   transaction to the department or deputy registrar.  The 
 51.9   department shall develop procedures to implement this 
 51.10  subdivision in consultation with Minnesota Deputy Registrar 
 51.11  Association and Minnesota Automobile Dealers Association.  
 51.12  Deputy registrars shall not be prohibited from receiving and 
 51.13  processing required documents supporting an electronic 
 51.14  transaction. 
 51.15     Sec. 37.  Minnesota Statutes 2000, section 168.381, is 
 51.16  amended to read: 
 51.17     168.381 [MANUFACTURE OF VEHICLE LICENSE NUMBER PLATES; 
 51.18  APPROPRIATIONS.] 
 51.19     Subdivision 1.  [CORRECTIONAL FACILITIES; OTHER 
 51.20  MANUFACTURERS.] (a) License number plates required by law may be 
 51.21  manufactured by the Minnesota correctional facility-St. Cloud, 
 51.22  the Minnesota correctional facility-Stillwater, or other 
 51.23  facility established by law for the confinement of persons 
 51.24  convicted of felony, upon order from the registrar of motor 
 51.25  vehicles, such.  The order to must state the quality of material 
 51.26  desired in such the plates, the plate specifications thereof, 
 51.27  and the amount or number desired.  
 51.28     (b) Should the commissioner of corrections decide not to 
 51.29  supply the required quantity of license plates, or discontinue 
 51.30  the manufacture of plates, the commissioner of public safety is 
 51.31  authorized to seek other suppliers on a competitive basis.  
 51.32     Subd. 2.  [LABORATORY TESTING; COSTS.] (a) Materials 
 51.33  purchased to be used in the manufacture of such motor vehicle 
 51.34  number plates shall must be tested as to conformance with 
 51.35  specifications established by the commissioner of public safety 
 51.36  in a privately operated laboratory service to be designated by 
 52.1   the commissioner.  The cost of such the laboratory shall must be 
 52.2   included in the cost of materials purchased.  
 52.3      (b) The cost of delivery of such number plates to the 
 52.4   commissioner of public safety at places which designated by the 
 52.5   commissioner may designate shall must be included in the 
 52.6   expenses incurred in their manufacture.  
 52.7      Subd. 3.  [SPECIFICATIONS.] The commissioner of public 
 52.8   safety shall establish new or revised specifications for the 
 52.9   material and equipment used in the manufacture of number plates 
 52.10  ordered for manufacture after August 1, 1975, and may from time 
 52.11  to time revise such the specifications,; provided that such 
 52.12  the specifications conform to the requirements of section 168.12.
 52.13  In establishing new or revised specifications, the commissioner 
 52.14  shall consult with and give consideration to the advice and 
 52.15  recommendations of representatives of the Minnesota state 
 52.16  patrol, local police officers' associations, and the county 
 52.17  sheriffs' association.  
 52.18     (c) Subd. 4.  [APPROPRIATIONS.] (a) Money appropriated to 
 52.19  the department of public safety to procure the plates for any 
 52.20  fiscal year or years shall be are available for allotment, 
 52.21  encumbrance, and expenditure from and after the date of the 
 52.22  enactment of such the appropriation.  Materials and equipment 
 52.23  used in the manufacture of such number plates are subject only 
 52.24  to the approval of the commissioner of public safety.  
 52.25     (d) (b) This section contemplates that money to be 
 52.26  appropriated to the department of public safety in order to 
 52.27  carry out the terms and provisions of this section will be 
 52.28  appropriated by the legislature from the highway user tax 
 52.29  distribution fund. 
 52.30     (c) A sum sufficient is appropriated annually from the 
 52.31  highway user tax distribution fund to the commissioner of public 
 52.32  safety to pay the costs of purchasing, delivering, and mailing 
 52.33  motor vehicle license number plates, license plate registration 
 52.34  tabs or stickers, and license plate registration notices. 
 52.35     Sec. 38.  [168A.101] [CANCELLATION OF MOTOR VEHICLE SALE.] 
 52.36     Subdivision 1.  [REQUIRED DOCUMENTATION.] If the parties 
 53.1   cancel a purchase of a motor vehicle after the transfer of 
 53.2   interest, they must submit within 90 days of the original 
 53.3   purchase date the following items: 
 53.4      (1) the outstanding certificate of title with proper 
 53.5   assignment; and 
 53.6      (2) an affidavit correcting ownership signed by the parties.
 53.7      Subd. 2.  [REFUNDS.] A party may be eligible for a refund 
 53.8   of taxes and fees only if the items indicated in subdivision 1 
 53.9   are submitted within the 90-day time frame unless otherwise 
 53.10  provided by law. 
 53.11     Sec. 39.  Minnesota Statutes 2000, section 169.09, 
 53.12  subdivision 8, is amended to read: 
 53.13     Subd. 8.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
 53.14  Every A law enforcement officer who, in the regular course of 
 53.15  duty, investigates a motor vehicle accident of which report must 
 53.16  be made as required in that must be reported under this section, 
 53.17  either at the time of and at the scene of the accident or 
 53.18  thereafter by interviewing participants or witnesses, shall, 
 53.19  within ten days after the date of such the accident, forward a 
 53.20  an electronic or written report of such the accident to the 
 53.21  commissioner of public safety. 
 53.22     Sec. 40.  Minnesota Statutes 2000, section 169.09, 
 53.23  subdivision 9, is amended to read: 
 53.24     Subd. 9.  [ACCIDENT REPORT FORMS.] The department of public 
 53.25  safety shall prepare, and electronic or written forms for 
 53.26  accident reports required under this section.  Upon request the 
 53.27  department shall supply the forms to police departments, 
 53.28  coroners, sheriffs, garages, and other suitable agencies or 
 53.29  individuals, forms for accident reports required hereunder,.  
 53.30  The forms must be appropriate with respect to the persons 
 53.31  required to make such the reports and the purposes to be 
 53.32  served.  The electronic or written reports report forms to be 
 53.33  made completed by persons involved in accidents and by 
 53.34  investigating officers shall must call for sufficiently detailed 
 53.35  information to disclose with reference to a traffic accident the 
 53.36  causes, conditions then existing, and the persons and vehicles 
 54.1   involved. 
 54.2      Sec. 41.  Minnesota Statutes 2000, section 169.09, 
 54.3   subdivision 10, is amended to read: 
 54.4      Subd. 10.  [USE OF FORM REQUIRED.] Every A required 
 54.5   accident report required to be made in writing shall must be 
 54.6   made on the an appropriate form approved by the department of 
 54.7   public safety and contain all of the information 
 54.8   required therein unless not available. 
 54.9      Sec. 42.  Minnesota Statutes 2000, section 169.18, 
 54.10  subdivision 1, is amended to read: 
 54.11     Subdivision 1.  [KEEP TO THE RIGHT.] Upon all roadways of 
 54.12  sufficient width a vehicle shall be driven upon the right half 
 54.13  of the roadway, except as follows: 
 54.14     (1) when overtaking and passing another vehicle proceeding 
 54.15  in the same direction under the rules governing such movement; 
 54.16     (2) when the right half of a roadway is closed to traffic 
 54.17  while under construction or repair; 
 54.18     (3) upon a roadway divided into three marked lanes for 
 54.19  traffic under the rules applicable thereon; or 
 54.20     (4) upon a roadway designated and signposted for one-way 
 54.21  traffic as a one-way roadway; or 
 54.22     (5) as necessary to comply with subdivision 11 when 
 54.23  approaching an authorized emergency vehicle parked or stopped on 
 54.24  the roadway. 
 54.25     [EFFECTIVE DATE.] This section is effective June 1, 2001. 
 54.26     Sec. 43.  Minnesota Statutes 2000, section 169.18, is 
 54.27  amended by adding a subdivision to read: 
 54.28     Subd. 11.  [PASSING PARKED EMERGENCY VEHICLE.] When 
 54.29  approaching and before passing an authorized emergency vehicle 
 54.30  that is parked or otherwise stopped on or next to a street or 
 54.31  highway having two or more lanes in the same direction, the 
 54.32  driver of a vehicle shall safely move the vehicle to a lane away 
 54.33  from the emergency vehicle. 
 54.34     [EFFECTIVE DATE.] This section is effective June 1, 2001. 
 54.35     Sec. 44.  Minnesota Statutes 2000, section 169.67, 
 54.36  subdivision 3, is amended to read: 
 55.1      Subd. 3.  [TRAILER, SEMITRAILER.] (a) No trailer or 
 55.2   semitrailer with a gross weight of 3,000 or more pounds, or a 
 55.3   gross weight that exceeds the empty weight of the towing 
 55.4   vehicle, may be drawn on a highway unless it is equipped with 
 55.5   brakes that are adequate to control the movement of and to stop 
 55.6   and hold the trailer or semitrailer.  A surge brake on a trailer 
 55.7   or semitrailer meets the requirement of this paragraph for 
 55.8   brakes adequate to stop and hold the trailer or semitrailer.  
 55.9      (b) No trailer or semitrailer that is required to have 
 55.10  brakes and that has a gross weight of more than 6,000 pounds may 
 55.11  be drawn on a highway unless it is equipped with brakes that are 
 55.12  so constructed that they are adequate to stop and hold the 
 55.13  trailer or semitrailer whenever it becomes detached from the 
 55.14  towing vehicle. 
 55.15     (c) Except as provided in paragraph (d), paragraph (a) does 
 55.16  not apply to: 
 55.17     (1) a trailer used by a farmer while transporting farm 
 55.18  products produced on the user's farm, or supplies back to the 
 55.19  farm of the trailer's user; 
 55.20     (2) a towed custom service vehicle drawn by a motor vehicle 
 55.21  that is equipped with brakes that meet the standards of 
 55.22  subdivision 5, provided that such a towed custom service vehicle 
 55.23  that exceeds 30,000 pounds gross weight may not be drawn at a 
 55.24  speed of more than 45 miles per hour; 
 55.25     (3) a trailer or semitrailer operated or used by retail 
 55.26  dealers of implements of husbandry while engaged exclusively in 
 55.27  the delivery of implements of husbandry; 
 55.28     (4) a motor vehicle drawn by another motor vehicle that is 
 55.29  equipped with brakes that meet the standards of subdivision 5; 
 55.30     (5) a tank trailer of not more than 12,000 pounds gross 
 55.31  weight owned by a distributor of liquid fertilizer while engaged 
 55.32  exclusively in transporting liquid fertilizer, or gaseous 
 55.33  fertilizer under pressure; 
 55.34     (6) a trailer of not more than 12,000 pounds gross weight 
 55.35  owned by a distributor of dry fertilizer while engaged 
 55.36  exclusively in the transportation of dry fertilizer; and 
 56.1      (7) a disabled vehicle while being towed to a place of 
 56.2   repair. 
 56.3      (d) Vehicles described in paragraph (c), clauses (1), (3), 
 56.4   and (4), may be operated without complying with paragraph (a) 
 56.5   only if the trailer or semitrailer does not exceed the following 
 56.6   gross weights: 
 56.7      (1) 3,000 pounds while being drawn by a vehicle registered 
 56.8   as a passenger automobile, other than a pickup truck as defined 
 56.9   in section 168.011, subdivision 29; 
 56.10     (2) 12,000 pounds while being drawn by any other motor 
 56.11  vehicle except a self-propelled implement of husbandry.  
 56.12     Sec. 45.  Minnesota Statutes 2000, section 169.79, is 
 56.13  amended to read: 
 56.14     169.79 [VEHICLE REGISTRATION.] 
 56.15     (a) No person shall operate, drive, or park a motor vehicle 
 56.16  on any highway unless the vehicle is registered in accordance 
 56.17  with the laws of this state and has the number plates for the 
 56.18  current year only or permit confirming that valid registration 
 56.19  or operating authority has been obtained, except as provided in 
 56.20  sections 168.10 and 168.12, subdivision 2f, as assigned to it by 
 56.21  the commissioner of public safety, conspicuously displayed 
 56.22  thereon in a manner that the view of any plate or permit is not 
 56.23  obstructed.  A plate issued under section 168.27 or a permit 
 56.24  issued under chapter 168 may be displayed on a vehicle in 
 56.25  conjunction with expired registration whether or not it displays 
 56.26  the license plate to which the last registration was issued.  
 56.27     (b) If the vehicle is a semitrailer, the number plate 
 56.28  displayed must be assigned to the registered owner and correlate 
 56.29  to the certificate of title documentation on file with the 
 56.30  department and shall not display a year indicator.  
 56.31     (c) If the vehicle is a motorcycle, motor scooter, 
 56.32  motorized bicycle, motorcycle sidecar, trailer, semitrailer, or 
 56.33  vehicle displaying a dealer plate, one plate shall must be 
 56.34  displayed on the rear thereof of the vehicle.  
 56.35     (d) If the vehicle is (1) a collector's vehicle with a 
 56.36  pioneer, classic car, collector, or street rod license; (2) a 
 57.1   vehicle that meets the requirements of a pioneer, classic, or 
 57.2   street rod vehicle except that the vehicle is used for general 
 57.3   transportation purposes; or (3) a vehicle that is of model year 
 57.4   1972 or earlier, not registered under section 168.10, 
 57.5   subdivision 1c, and is used for general transportation purposes, 
 57.6   one plate shall must be displayed on the rear of the vehicle, or 
 57.7   one plate on the front and one on the rear, at the discretion of 
 57.8   the owner. 
 57.9      (e) If the vehicle is a truck-tractor, road-tractor or farm 
 57.10  truck, as defined in section 168.011, subdivision 17, but 
 57.11  excluding from that definition semitrailers and trailers, one 
 57.12  plate shall must be displayed on the front thereof of the 
 57.13  vehicle. 
 57.14     (f) If the motor vehicle is any kind of motor vehicle other 
 57.15  than those provided for in paragraphs (b) to (d), one plate 
 57.16  shall must be displayed on the front and one on the rear thereof 
 57.17  of the vehicle.  
 57.18     (g) All plates shall must be securely fastened so as to 
 57.19  prevent them from swinging.  The person driving the motor 
 57.20  vehicle shall keep the plate legible and unobstructed and free 
 57.21  from grease, dust, or other blurring material so that the 
 57.22  lettering shall be is plainly visible at all times.  It is 
 57.23  unlawful to cover any assigned letters and numbers or the name 
 57.24  of the state of origin of a license plate with any material 
 57.25  whatever, including any clear or colorless material that affects 
 57.26  the plate's visibility or reflectivity.  
 57.27     (h) License plates issued to vehicles registered under 
 57.28  section 168.017 must display the month of expiration in the 
 57.29  lower left corner as viewed facing the plate and the year of 
 57.30  expiration in the lower right corner as viewed facing the plate. 
 57.31  License plates issued to vehicles registered under section 
 57.32  168.127 must display either fleet registration validation 
 57.33  stickers in the lower right corner as viewed facing the plates 
 57.34  or distinctive license plates, issued by the registrar, with 
 57.35  "FLEET REG" embossed on the bottom center portion of the plate. 
 57.36     Sec. 46.  Minnesota Statutes 2000, section 171.07, 
 58.1   subdivision 1, is amended to read: 
 58.2      Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
 58.3   Upon the payment of the required fee, the department shall issue 
 58.4   to every qualifying applicant qualifying therefor a license 
 58.5   designating the type or class of vehicles the applicant is 
 58.6   authorized to drive as applied for, which.  This license shall 
 58.7   must bear thereon a distinguishing number assigned to the 
 58.8   licensee, the full name, date of birth, residence address and 
 58.9   permanent mailing address if different, a description of the 
 58.10  licensee in such manner as the commissioner deems necessary, and 
 58.11  a space upon which the licensee shall write the usual signature 
 58.12  and the date of birth of the licensee with pen and ink.  No 
 58.13  license shall be is valid until it has been so signed by the 
 58.14  licensee.  Except in the case of an instruction permit, every 
 58.15  license shall must bear thereon a colored photograph or an 
 58.16  electronically produced image of the licensee.  Every license 
 58.17  issued to an applicant under the age of 21 shall must be of a 
 58.18  distinguishing color and plainly marked "Under-21."  The 
 58.19  department shall use such process or processes in the issuance 
 58.20  of licenses that prohibits, as near as possible, the ability to 
 58.21  alter or reproduce the licenses, or prohibit the ability to 
 58.22  superimpose a photograph or electronically produced image on 
 58.23  such the licenses, without ready detection.  A license issued to 
 58.24  an applicant of age 65 or over shall must be plainly marked 
 58.25  "senior" if requested by the applicant. 
 58.26     Sec. 47.  Minnesota Statutes 2000, section 171.183, 
 58.27  subdivision 1, is amended to read: 
 58.28     Subdivision 1.  [REQUIREMENTS.] For the purposes of 
 58.29  sections 171.182 to 171.184, a judgment is satisfied if:  
 58.30     (1) $25,000 $30,000 has been credited upon any judgment or 
 58.31  judgments rendered in excess of that amount because of bodily 
 58.32  injury to or death of one person as the result of any one 
 58.33  accident; 
 58.34     (2) subject to the limit of $25,000 $30,000 because of 
 58.35  bodily injury to or death of one person, the sum 
 58.36  of $50,000 $60,000 has been credited upon any judgment or 
 59.1   judgments rendered in excess of that amount because of bodily 
 59.2   injury to or death of two or more persons as the result of any 
 59.3   one accident; or 
 59.4      (3) $10,000 has been credited upon any judgment or 
 59.5   judgments rendered in excess of that amount because of damage to 
 59.6   or destruction of property of others as a result of any one 
 59.7   accident. 
 59.8      Sec. 48.  Minnesota Statutes 2000, section 171.29, 
 59.9   subdivision 2, is amended to read: 
 59.10     Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
 59.11  license has been revoked as provided in subdivision 1, except 
 59.12  under section 169A.52 or 169A.54, shall pay a $30 fee before the 
 59.13  driver's license is reinstated. 
 59.14     (b) A person whose driver's license has been revoked as 
 59.15  provided in subdivision 1 under section 169A.52 or 169A.54 shall 
 59.16  pay a $250 fee plus a $40 surcharge before the driver's license 
 59.17  is reinstated.  The $250 fee is to be credited as follows: 
 59.18     (1) Twenty percent must be credited to the trunk highway 
 59.19  fund. 
 59.20     (2) Fifty-five percent must be credited to the general fund.
 59.21     (3) Eight percent must be credited to a separate account to 
 59.22  be known as the bureau of criminal apprehension account.  Money 
 59.23  in this account may be appropriated to the commissioner of 
 59.24  public safety and the appropriated amount must be apportioned 80 
 59.25  percent for laboratory costs and 20 percent for carrying out the 
 59.26  provisions of section 299C.065. 
 59.27     (4) Twelve percent must be credited to a separate account 
 59.28  to be known as the alcohol-impaired driver education account.  
 59.29  Money in the account is appropriated as follows: 
 59.30     (i) the first $200,000 in a fiscal year 2002: 
 59.31     (A) the first $200,000 to the commissioner of children, 
 59.32  families, and learning for programs for elementary and secondary 
 59.33  school students; and 
 59.34     (ii) (B) the remainder credited in a fiscal year to the 
 59.35  commissioner of transportation public safety to be spent as 
 59.36  grants through March 31, 2002, to the Minnesota highway safety 
 60.1   center at St. Cloud State University for programs relating to 
 60.2   alcohol and highway safety education in elementary and secondary 
 60.3   schools and then from April 1, 2002, through June 30, 2002, for 
 60.4   programs described in item (ii); and 
 60.5      (ii) after June 30, 2002, to the commissioner of public 
 60.6   safety for grants for programs relating to alcohol and highway 
 60.7   safety education in elementary and secondary schools. 
 60.8      (5) Five percent must be credited to a separate account to 
 60.9   be known as the traumatic brain injury and spinal cord injury 
 60.10  account.  The money in the account is annually appropriated to 
 60.11  the commissioner of health to be used as follows:  35 percent 
 60.12  for a contract with a qualified community-based organization to 
 60.13  provide information, resources, and support to assist persons 
 60.14  with traumatic brain injury and their families to access 
 60.15  services, and 65 percent to maintain the traumatic brain injury 
 60.16  and spinal cord injury registry created in section 144.662.  For 
 60.17  the purposes of this clause, a "qualified community-based 
 60.18  organization" is a private, not-for-profit organization of 
 60.19  consumers of traumatic brain injury services and their family 
 60.20  members.  The organization must be registered with the United 
 60.21  States Internal Revenue Service under section 501(c)(3) as a 
 60.22  tax-exempt organization and must have as its purposes:  
 60.23     (i) the promotion of public, family, survivor, and 
 60.24  professional awareness of the incidence and consequences of 
 60.25  traumatic brain injury; 
 60.26     (ii) the provision of a network of support for persons with 
 60.27  traumatic brain injury, their families, and friends; 
 60.28     (iii) the development and support of programs and services 
 60.29  to prevent traumatic brain injury; 
 60.30     (iv) the establishment of education programs for persons 
 60.31  with traumatic brain injury; and 
 60.32     (v) the empowerment of persons with traumatic brain injury 
 60.33  through participation in its governance. 
 60.34  No patient's name, identifying information or identifiable 
 60.35  medical data will be disclosed to the organization without the 
 60.36  informed voluntary written consent of the patient or patient's 
 61.1   guardian, or if the patient is a minor, of the parent or 
 61.2   guardian of the patient. 
 61.3      (c) The $40 surcharge must be credited to a separate 
 61.4   account to be known as the remote electronic alcohol monitoring 
 61.5   program account.  The commissioner shall transfer the balance of 
 61.6   this account to the commissioner of finance on a monthly basis 
 61.7   for deposit in the general fund. 
 61.8      (d) When these fees are collected by a licensing agent, 
 61.9   appointed under section 171.061, a handling charge is imposed in 
 61.10  the amount specified under section 171.061, subdivision 4.  The 
 61.11  reinstatement fees and surcharge must be deposited in an 
 61.12  approved state depository as directed under section 171.061, 
 61.13  subdivision 4. 
 61.14     Sec. 49.  Minnesota Statutes 2000, section 171.39, is 
 61.15  amended to read: 
 61.16     171.39 [EXEMPTIONS.] 
 61.17     (a) The provisions of sections 171.33 to 171.41 shall do 
 61.18  not apply: to any person giving driver training lessons without 
 61.19  charge; to employers maintaining driver training schools without 
 61.20  charge for their employees only; to a home-school within the 
 61.21  meaning of sections 120A.22 and 120A.24; or to schools or 
 61.22  classes conducted by colleges, universities, and high schools as 
 61.23  a part of the normal program for such those institutions; nor to 
 61.24  those schools or persons described in section 171.05, 
 61.25  subdivision 2.  
 61.26     (b) Any person who is a certificated driver training 
 61.27  instructor in a high school driver training program may give 
 61.28  driver training instruction to persons over the age of 18 
 61.29  without acquiring a driver training school license or 
 61.30  instructor's license, and such those instructors may make a 
 61.31  charge for that instruction, if there is no private commercial 
 61.32  driver training school licensed under this statute sections 
 61.33  171.33 to 171.41 within ten miles of the municipality where such 
 61.34  driver training instruction is given and there is no adult 
 61.35  drivers training program in effect in the schools of the school 
 61.36  district in which the trainee resides. 
 62.1      Sec. 50.  [174.026] [PAVEMENT STRIPING.] 
 62.2      The commissioner of transportation may bill highway 
 62.3   maintenance operating units of the department and local road 
 62.4   authorities for the costs of a centrally managed, pavement 
 62.5   marking program.  These costs may include equipment acquisition 
 62.6   and rental, labor, materials, and other costs as determined by 
 62.7   the commissioner.  Receipts must be credited to a special 
 62.8   account, which is established in the trunk highway fund, and are 
 62.9   appropriated to the commissioner to pay the costs for which the 
 62.10  billings are made.  Amounts credited to the account are exempt 
 62.11  from statewide and agency indirect costs payments.  
 62.12     Sec. 51.  Minnesota Statutes 2000, section 174.24, 
 62.13  subdivision 3b, is amended to read: 
 62.14     Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
 62.15  shall determine the total operating cost of any public transit 
 62.16  system receiving or applying for assistance in accordance with 
 62.17  generally accepted accounting principles.  To be eligible for 
 62.18  financial assistance, an applicant or recipient shall provide to 
 62.19  the commissioner all financial records and other information and 
 62.20  shall permit any inspection reasonably necessary to determine 
 62.21  total operating cost and correspondingly the amount of 
 62.22  assistance which may be paid to the applicant or recipient.  
 62.23  Where more than one county or municipality contributes 
 62.24  assistance to the operation of a public transit system, the 
 62.25  commissioner shall identify one as lead agency for the purpose 
 62.26  of receiving moneys money under this section.  
 62.27     (b) Prior to distributing operating assistance to eligible 
 62.28  recipients for any contract period, the commissioner shall place 
 62.29  all recipients into one of the following classifications:  large 
 62.30  urbanized area service, urbanized area service, small urban area 
 62.31  service, rural area service, and elderly and handicapped 
 62.32  service.  The commissioner shall distribute funds under this 
 62.33  section so that the percentage of total operating cost paid by 
 62.34  any recipient from local sources will not exceed the percentage 
 62.35  for that recipient's classification, except as provided in an 
 62.36  undue hardship case.  The percentages shall must be:  for large 
 63.1   urbanized area service, 50 percent; for urbanized area service 
 63.2   and small urban area service, 40 percent; for rural area 
 63.3   service, 35 percent; and for elderly and handicapped service, 35 
 63.4   percent.  The remainder of the total operating cost will be paid 
 63.5   from state funds less any assistance received by the recipient 
 63.6   from any federal source.  For purposes of this subdivision 
 63.7   "local sources" means all local sources of funds and includes 
 63.8   all operating revenue, tax levies, and contributions from public 
 63.9   funds, except that the commissioner may exclude from the total 
 63.10  assistance contract revenues derived from operations the cost of 
 63.11  which is excluded from the computation of total operating cost.  
 63.12  Total operating costs of the Duluth transit authority or a 
 63.13  successor agency shall not include costs related to the 
 63.14  Superior, Wisconsin service contract and the independent school 
 63.15  district No. 709 service contract.  
 63.16     (c) If a recipient informs the commissioner in writing 
 63.17  after the establishment of these percentages but prior to the 
 63.18  distribution of financial assistance for any year that paying 
 63.19  its designated percentage of total operating cost from local 
 63.20  sources will cause undue hardship, the commissioner may reduce 
 63.21  the percentage to be paid from local sources by the recipient 
 63.22  and increase the percentage to be paid from local sources by one 
 63.23  or more other recipients inside or outside the classification, 
 63.24  provided that no recipient shall have its percentage thus 
 63.25  reduced or increased for more than two years successively.  If 
 63.26  for any year the funds appropriated to the commissioner to carry 
 63.27  out the purposes of this section are insufficient to allow the 
 63.28  commissioner to pay the state share of total operating cost as 
 63.29  provided in this paragraph, the commissioner shall reduce the 
 63.30  state share in each classification to the extent necessary. 
 63.31     Sec. 52.  Minnesota Statutes 2000, section 174.35, is 
 63.32  amended to read: 
 63.33     174.35 [LIGHT RAIL TRANSIT.] 
 63.34     The commissioner of transportation may exercise the powers 
 63.35  granted in this chapter and chapter 473, as necessary, to plan, 
 63.36  design, acquire, construct, and equip light rail transit 
 64.1   facilities in the metropolitan area as defined in section 
 64.2   473.121, subdivision 2.  The commissioner shall not spend state 
 64.3   funds to study light rail transit unless the funds are 
 64.4   appropriated in legislation that identifies the route, including 
 64.5   the origin and destination. 
 64.6      Sec. 53.  [174.36] [NOTICE OF STUDIES OF HIGH-SPEED RAIL.] 
 64.7      The commissioner shall notify the chairs of the senate and 
 64.8   house of representatives committees with jurisdiction over 
 64.9   transportation finance whenever the commissioner spends state 
 64.10  funds to study high-speed intercity passenger rail service. 
 64.11     Sec. 54.  Minnesota Statutes 2000, section 174.55, 
 64.12  subdivision 4, is amended to read: 
 64.13     Subd. 4.  [COMMISSIONER REPORT.] The commissioner of 
 64.14  transportation shall report to the commission not later than 
 64.15  July 15 of each year.  The report must consist of a listing of 
 64.16  candidate projects that meet the criteria of major 
 64.17  transportation projects within the definition in subdivision 5, 
 64.18  and a listing of proposed projects for study that the 
 64.19  commissioner believes have the potential of being major 
 64.20  transportation projects but do not have draft environmental 
 64.21  impact statements.  The report must include the commissioner's 
 64.22  plan for funding and implementation of each project. 
 64.23     Sec. 55.  Minnesota Statutes 2000, section 174.55, 
 64.24  subdivision 5, is amended to read: 
 64.25     Subd. 5.  [MAJOR TRANSPORTATION PROJECT.] A major 
 64.26  transportation project is a project that meets each of the 
 64.27  following criteria: 
 64.28     (1) involves the department of transportation; 
 64.29     (2) has a total cost of more than $5,000,000 has a 
 64.30  construction cost, in the year in which construction is expected 
 64.31  to begin, that exceeds 25 percent of the estimated annual 
 64.32  construction program of the department division or construction 
 64.33  district in which the project is located; and 
 64.34     (3) is a critical element of the transportation system of 
 64.35  its region and the state; and 
 64.36     (4) has a completed draft environmental impact statement.  
 65.1      Sec. 56.  Minnesota Statutes 2000, section 174.70, 
 65.2   subdivision 2, is amended to read: 
 65.3      Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
 65.4   construction and maintenance of the initial backbone of the the 
 65.5   state's communications system described in subdivision 1 systems 
 65.6   and to reduce the proliferation of communications towers, the 
 65.7   commissioner shall may, by purchase, lease, gift, exchange, or 
 65.8   other means, obtain sites for the erection of towers and the 
 65.9   location of equipment and shall may construct buildings and 
 65.10  structures needed for developing the system state's 
 65.11  communications systems.  The commissioner may negotiate with 
 65.12  commercial wireless service providers and other tower owners to 
 65.13  obtain sites, towers, and equipment.  Notwithstanding sections 
 65.14  161.433, 161.434, 161.45, and 161.46, the commissioner may by 
 65.15  agreement lease, allow, or permit commercial wireless service 
 65.16  providers or other tower owners to install privately owned 
 65.17  equipment on state-owned lands, buildings, and other structures 
 65.18  under the jurisdiction of the commissioner when it is practical 
 65.19  and feasible to do so.  The commissioner shall annually publish 
 65.20  a list of state-owned tower sites that are available to 
 65.21  commercial wireless service providers and other tower owners for 
 65.22  installation of their equipment on a first-come, first-served 
 65.23  basis for each tower or site.  The commissioner may not make 
 65.24  agreements that grant the exclusive use of towers.  After the 
 65.25  commissioner has agreed to make space available on a specific 
 65.26  tower or at a specific site, the commissioner shall charge a 
 65.27  site use fee for the value of the real property or structure 
 65.28  made available.  In lieu of a site use fee, the commissioner may 
 65.29  make agreements with commercial wireless service providers or 
 65.30  other tower owners to place state equipment on privately owned 
 65.31  towers and may accept (1) improvements such as tower 
 65.32  reinforcement, reconstruction, site development, or other site 
 65.33  improvements to state-owned public safety the state's 
 65.34  communications system facilities or real or personal property, 
 65.35  or (2) services provided by a commercial wireless service 
 65.36  provider.  This section does not create a right to install 
 66.1   privately owned towers on the trunk highway right-of-way. 
 66.2      [EFFECTIVE DATE.] This section is effective the day 
 66.3   following final enactment. 
 66.4      Sec. 57.  Minnesota Statutes 2000, section 174.70, 
 66.5   subdivision 3, is amended to read: 
 66.6      Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
 66.7   under subdivision 2 must be deposited in the trunk highway 
 66.8   fund.  The fees so collected are appropriated to the 
 66.9   commissioner to pay for the commissioner's share and state 
 66.10  patrol's share of the costs of constructing developing and 
 66.11  maintaining the communication system sites communications 
 66.12  systems that serve state agencies. 
 66.13     [EFFECTIVE DATE.] This section is effective the day 
 66.14  following final enactment. 
 66.15     Sec. 58.  Minnesota Statutes 2000, section 174.88, 
 66.16  subdivision 2, is amended to read: 
 66.17     Subd. 2.  [EXPENDITURE OF STATE FUNDS.] The commissioner 
 66.18  shall not spend any state funds for construction or equipment of 
 66.19  commuter rail facilities unless the funds have been appropriated 
 66.20  by law specifically for those purposes.  The commissioner shall 
 66.21  not spend state funds to study commuter rail unless the funds 
 66.22  are appropriated in legislation that identifies the route, 
 66.23  including origin and destination. 
 66.24     Sec. 59.  [219.166] [ESTABLISHMENT OF QUIET ZONES.] 
 66.25     A county, statutory or home rule charter city, or town may 
 66.26  by ordinance establish a defined "quiet zone" in which the 
 66.27  sounding of horns, whistles, or other audible warnings by 
 66.28  locomotives is regulated or prohibited.  A quiet zone 
 66.29  established under this section must consist of at least one-half 
 66.30  mile of railroad right-of-way.  All quiet zones, regulations, 
 66.31  and ordinances adopted under this section must conform to 
 66.32  federal law and the regulations of the Federal Railroad 
 66.33  Administration. 
 66.34     Sec. 60.  Minnesota Statutes 2000, section 222.63, 
 66.35  subdivision 4, is amended to read: 
 66.36     Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
 67.1   lease any rail line or right-of-way held in the state rail bank 
 67.2   or enter into an agreement with any person for the operation of 
 67.3   any rail line or right-of-way for any of the purposes set forth 
 67.4   in subdivision 2 in accordance with a fee schedule to be 
 67.5   developed by the commissioner. 
 67.6      (b) The commissioner may convey any rail line or 
 67.7   right-of-way, for consideration or for no consideration and upon 
 67.8   other terms as the commissioner may determine to be in the 
 67.9   public interest, to any other state agency or to a governmental 
 67.10  subdivision of the state having power by law to utilize it for 
 67.11  any of the purposes set forth in subdivision 2. 
 67.12     (c) The commissioner may convey a portion of previously 
 67.13  acquired rail bank right-of-way to a state agency or 
 67.14  governmental subdivision when the commissioner determines that: 
 67.15     (1) the portion to be conveyed is in excess of that needed 
 67.16  for the purposes stated in subdivision 2; 
 67.17     (2) the conveyance is upon terms and conditions agreed upon 
 67.18  by both the commissioner and the state agency or governmental 
 67.19  subdivision; 
 67.20     (3) after the sale, the rail bank corridor will continue to 
 67.21  meet the future public and commercial transportation and 
 67.22  transmission needs of the state; and 
 67.23     (4) the conveyance will not reduce the width of the rail 
 67.24  bank corridor to less than 50 feet. 
 67.25     (d) The commissioner may lease previously acquired state 
 67.26  rail bank right-of-way to a state agency or governmental 
 67.27  subdivision or to a private entity for nontransportation 
 67.28  purposes when: 
 67.29     (1) the portion to be leased is in excess of that needed 
 67.30  for the purposes stated in subdivision 2; 
 67.31     (2) the lease will not reduce the useable width of the rail 
 67.32  bank corridor to less than 50 feet; 
 67.33     (3) the cost of the lease is based on the fair market value 
 67.34  of the portion to be leased, as determined by appraisal; 
 67.35     (4) the lease allows the commissioner to terminate the 
 67.36  lease on 90 days' written notice to the lessee; and 
 68.1      (5) the lease prohibits the construction or erection of any 
 68.2   permanent structure within the 50-foot rail bank corridor and 
 68.3   requires any structure erected on the leased property to be 
 68.4   removed and the land restored to its original condition on 90 
 68.5   days' written notice to the lessee. 
 68.6      (e) Proceeds from a sale shall or lease must be deposited 
 68.7   in the rail bank maintenance account described in subdivision 8. 
 68.8      Sec. 61.  Minnesota Statutes 2000, section 237.04, is 
 68.9   amended to read: 
 68.10     237.04 [WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.] 
 68.11     (a) The department shall determine and promulgate 
 68.12  reasonable rules covering the maintenance and operation, also 
 68.13  the nature, location, and character of the construction to be 
 68.14  used, where telephone, telegraph, electric light, power, or 
 68.15  other electric wires of any kind, or any natural gas pipelines, 
 68.16  cross, or more or less parallel the lines of any railroad, 
 68.17  interurban railway, or any other similar public service 
 68.18  corporation; and, to this end, shall formulate and from time to 
 68.19  time, issue general rules covering each class of construction, 
 68.20  maintenance, and operation of such telephone, telegraph, 
 68.21  telecommunications, cable, fiber optic, electric wire, or 
 68.22  natural gas pipeline crossing, or paralleling, under the various 
 68.23  conditions existing; and the department, upon the complaint of 
 68.24  any person, railroad, interurban railway, municipal utility, 
 68.25  cooperative electric association, telephone company, 
 68.26  telecommunications carrier, cable company, fiber optic carrier, 
 68.27  or other public utility claiming to be injuriously affected or 
 68.28  subjected to hazard by any such crossing or paralleling lines 
 68.29  constructed or about to be constructed, shall, after a hearing, 
 68.30  make such order and prescribe such terms and conditions for the 
 68.31  construction, maintenance, and operation of the lines in 
 68.32  question as may be just and reasonable. 
 68.33     (b) The department may, upon request of any municipal 
 68.34  utility, electric cooperative association, or public utility, 
 68.35  telephone company, telecommunications carrier, cable company, or 
 68.36  fiber optic carrier determine the just and reasonable charge 
 69.1   which a railroad, or owner of an abandoned railroad 
 69.2   right-of-way, other than the state or a regional railroad 
 69.3   authority, can prescribe for a new or existing crossing of a 
 69.4   railroad right-of-way by an any telephone, telegraph, 
 69.5   telecommunications, cable, fiber optic, electric, or gas line, 
 69.6   or new or existing telephone, telegraph, telecommunications, 
 69.7   cable, fiber optic, electric, or gas lines more or less 
 69.8   paralleling a railroad right-of-way, based on the diminution in 
 69.9   value caused by the crossing or paralleling of the right-of-way 
 69.10  by the telephone, telegraph, telecommunications, cable, fiber 
 69.11  optic, electric, or gas line.  This section shall not be 
 69.12  construed to eliminate the right of a public utility, municipal 
 69.13  utility, or electric cooperative association to have any of the 
 69.14  foregoing issues determined pursuant to an eminent domain 
 69.15  proceeding commenced under chapter 117.  Unless the railroad, or 
 69.16  owner of an abandoned railroad right-of-way, other than the 
 69.17  state or a regional railroad authority, asserts in writing that 
 69.18  the proposed crossing or paralleling is a serious threat to the 
 69.19  safe operations of the railroad or to the current use of the 
 69.20  railroad right-of-way, a crossing can be constructed following 
 69.21  filing of the requested action with the department, pending 
 69.22  review of the requested action by the department. 
 69.23     (c) The department shall assess the cost of reviewing the 
 69.24  requested action, and of determining a just and reasonable 
 69.25  charge, equally among the parties. 
 69.26     (d) For the purposes of this section, "parallel" or 
 69.27  "paralleling" means that the relevant utility facilities run 
 69.28  adjacent to and alongside the lines of a railroad for no more 
 69.29  than one mile, or another distance agreed to by the parties, 
 69.30  before the utility facilities cross the railroad lines, 
 69.31  terminate, or exit the railroad right-of-way.  
 69.32     Sec. 62.  Minnesota Statutes 2000, section 296A.18, 
 69.33  subdivision 3, is amended to read: 
 69.34     Subd. 3.  [SNOWMOBILE.] Approximately one percent in fiscal 
 69.35  years 1998, 1999, and 2000, and three-fourths of one percent 
 69.36  thereafter, of all gasoline received in and produced or brought 
 70.1   into this state, except gasoline used for aviation purposes, is 
 70.2   being used as fuel for the operation of snowmobiles in this 
 70.3   state, and of the total revenue derived from the imposition of 
 70.4   the gasoline fuel tax for uses other than for aviation purposes, 
 70.5   one percent in fiscal years 1998, 1999, and 2000, and 
 70.6   three-fourths of one percent thereafter, of such revenues is the 
 70.7   amount of tax on fuel used in snowmobiles operated in this state.
 70.8      Sec. 63.  Minnesota Statutes 2000, section 297A.70, 
 70.9   subdivision 2, as amended by H.F. No. 1, article 12, section 57, 
 70.10  if enacted by the First Special Session of the 2001 legislature, 
 70.11  is amended to read: 
 70.12     Subd. 2.  [SALES TO GOVERNMENT.] (a) All sales, except 
 70.13  those listed in paragraph (b), to the following governments and 
 70.14  political subdivisions, or to the listed agencies or 
 70.15  instrumentalities of governments and political subdivisions, are 
 70.16  exempt: 
 70.17     (1) the United States and its agencies and 
 70.18  instrumentalities; 
 70.19     (2) school districts, the University of Minnesota, state 
 70.20  universities, community colleges, technical colleges, state 
 70.21  academies, the Perpich Minnesota center for arts education, and 
 70.22  an instrumentality of a political subdivision that is accredited 
 70.23  as an optional/special function school by the North Central 
 70.24  Association of Colleges and Schools; 
 70.25     (3) hospitals and nursing homes owned and operated by 
 70.26  political subdivisions of the state; 
 70.27     (4) the metropolitan council, for its purchases of 
 70.28  materials, supplies, and equipment vehicles and repair parts to 
 70.29  equip operations provided for in section 473.4051. 
 70.30     (5) other states or political subdivisions of other states, 
 70.31  if the sale would be exempt from taxation if it occurred in that 
 70.32  state; and 
 70.33     (6) sales to public libraries, public library systems, 
 70.34  multicounty, multitype library systems as defined in section 
 70.35  134.001, county law libraries under chapter 134A, state agency 
 70.36  libraries, the state library under section 480.09, and the 
 71.1   legislative reference library.  
 71.2      (b) This exemption does not apply to the sales of the 
 71.3   following products and services: 
 71.4      (1) building, construction, or reconstruction materials 
 71.5   purchased by a contractor or a subcontractor as a part of a 
 71.6   lump-sum contract or similar type of contract with a guaranteed 
 71.7   maximum price covering both labor and materials for use in the 
 71.8   construction, alteration, or repair of a building or facility; 
 71.9      (2) construction materials purchased by tax exempt entities 
 71.10  or their contractors to be used in constructing buildings or 
 71.11  facilities which will not be used principally by the tax exempt 
 71.12  entities; 
 71.13     (3) the leasing of a motor vehicle as defined in section 
 71.14  297B.01, subdivision 5, except for leases entered into by the 
 71.15  United States or its agencies or instrumentalities; or 
 71.16     (4) meals and lodging as defined under section 297A.61, 
 71.17  subdivision 3, paragraphs (d) and (g), clause (2), except for 
 71.18  meals and lodging purchased directly by the United States or its 
 71.19  agencies or instrumentalities. 
 71.20     (c) As used in this subdivision, "school districts" means 
 71.21  public school entities and districts of every kind and nature 
 71.22  organized under the laws of the state of Minnesota, and any 
 71.23  instrumentality of a school district, as defined in section 
 71.24  471.59. 
 71.25     [EFFECTIVE DATE.] This section is effective at the same 
 71.26  time H.F. No. 1, article 12, section 57, if enacted by the first 
 71.27  special session of the 2001 legislature, takes effect. 
 71.28     Sec. 64.  Minnesota Statutes 2000, section 297B.09, 
 71.29  subdivision 1, is amended to read: 
 71.30     Subdivision 1.  [GENERAL FUND SHARE DEPOSIT OF REVENUES.] 
 71.31  (a) Money collected and received under this chapter must be 
 71.32  deposited as provided in this subdivision.  
 71.33     (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 
 71.34  the money collected and received must be deposited in the 
 71.35  highway user tax distribution fund, and the remaining money must 
 71.36  be deposited in the general fund.  
 72.1      Thirty-two (c) On and after June 30, 2003, 32 percent of 
 72.2   the money collected and received must be deposited in the 
 72.3   highway user tax distribution fund, and the remaining 68 percent 
 72.4   of the money must be deposited in the general fund.  
 72.5      Sec. 65.  Minnesota Statutes 2000, section 299A.01, 
 72.6   subdivision 1b, is amended to read: 
 72.7      Subd. 1b.  [DEPARTMENT ADVERTISING SALES; APPROPRIATION.] 
 72.8   The commissioner may accept paid advertising for departmental 
 72.9   publications, media productions, or other informational 
 72.10  materials.  Advertising revenues received are appropriated to 
 72.11  the commissioner to be used to defray costs of publications, 
 72.12  media productions, or other informational materials.  The 
 72.13  commissioner may not accept paid advertising from an elected 
 72.14  official or candidate for elective office. 
 72.15     [EFFECTIVE DATE.] This section is effective the day 
 72.16  following final enactment. 
 72.17     Sec. 66.  Minnesota Statutes 2000, section 299A.41, 
 72.18  subdivision 4, is amended to read: 
 72.19     Subd. 4.  [PUBLIC SAFETY OFFICER.] "Public safety officer" 
 72.20  includes: 
 72.21     (1) a peace officer defined in section 626.84, subdivision 
 72.22  1, paragraph (c) or (f); 
 72.23     (2) a correction officer employed at a correctional 
 72.24  facility and charged with maintaining the safety, security, 
 72.25  discipline, and custody of inmates at the facility; 
 72.26     (3) an individual employed on a full-time basis by the 
 72.27  state or by a fire department of a governmental subdivision of 
 72.28  the state, who is engaged in any of the following duties: 
 72.29     (i) firefighting; 
 72.30     (ii) emergency motor vehicle operation; 
 72.31     (iii) investigation into the cause and origin of fires; 
 72.32     (iv) the provision of emergency medical services; or 
 72.33     (v) hazardous material responder; 
 72.34     (4) a legally enrolled member of a volunteer fire 
 72.35  department or member of an independent nonprofit firefighting 
 72.36  corporation who is engaged in the hazards of firefighting; 
 73.1      (5) a good samaritan while complying with the request or 
 73.2   direction of a public safety officer to assist the officer; 
 73.3      (6) a reserve police officer or a reserve deputy sheriff 
 73.4   while acting under the supervision and authority of a political 
 73.5   subdivision; 
 73.6      (7) a driver or attendant with a licensed basic or advanced 
 73.7   life support transportation service who is engaged in providing 
 73.8   emergency care; and 
 73.9      (8) a first responder who is certified by the commissioner 
 73.10  of health emergency medical services regulatory board to perform 
 73.11  basic emergency skills before the arrival of a licensed 
 73.12  ambulance service and who is a member of an organized service 
 73.13  recognized by a local political subdivision to respond to 
 73.14  medical emergencies to provide initial medical care before the 
 73.15  arrival of an ambulance; and 
 73.16     (9) a person, other than a state trooper, employed by the 
 73.17  commissioner of public safety and assigned to the state patrol, 
 73.18  whose primary employment is the enforcement of commercial motor 
 73.19  vehicle laws and regulations. 
 73.20     Sec. 67.  Minnesota Statutes 2000, section 446A.085, is 
 73.21  amended to read: 
 73.22     446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
 73.23     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 73.24  section, the terms defined in this subdivision have the meanings 
 73.25  given them. 
 73.26     (a)  [ACT.] (b) "Act" means the National Highway System 
 73.27  Designation Act of 1995, Public Law Number 104-59, as amended. 
 73.28     (b)  [BORROWER.] (c) "Borrower" means the state, counties, 
 73.29  cities, and other governmental entities eligible under the act 
 73.30  and state law to apply for and receive loans from the 
 73.31  transportation revolving loan fund, the trunk highway revolving 
 73.32  loan account, the county state-aid highway revolving loan 
 73.33  account, and the municipal state-aid street revolving loan 
 73.34  account. 
 73.35     (c)  [DEPARTMENT.] "Department" means the department of 
 73.36  transportation. 
 74.1      (d)  [LOAN.] "Loan" means financial assistance provided for 
 74.2   all or part of the cost of a project including money disbursed 
 74.3   in anticipation of reimbursement or repayment, loan guarantees, 
 74.4   lines of credit, credit enhancements, equipment financing 
 74.5   leases, bond insurance, or other forms of financial assistance. 
 74.6      (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
 74.7   means a committee of the Minnesota public facilities authority, 
 74.8   acting on behalf of the Minnesota public facilities authority, 
 74.9   consisting of the commissioner of the department of trade and 
 74.10  economic development, the commissioner of finance, and the 
 74.11  commissioner of transportation. 
 74.12     Subd. 2.  [PURPOSE.] The purpose of the transportation 
 74.13  revolving loan fund, the trunk highway revolving loan account, 
 74.14  the county state-aid highway revolving loan account, and the 
 74.15  municipal state-aid street revolving loan account is to provide 
 74.16  loans and matching money for public transportation projects 
 74.17  eligible for financing or aid under any federal act or program 
 74.18  or state law, including, without limitation, the study of the 
 74.19  feasibility of construction, reconstruction, resurfacing, 
 74.20  restoring, rehabilitation, or replacement of transportation 
 74.21  facilities; acquisition of right-of-way; and maintenance, 
 74.22  repair, improvement, or construction of city, town, county, or 
 74.23  state highways, roads, streets, rights-of-way, bridges, tunnels, 
 74.24  railroad-highway crossings, drainage structures, signs, 
 74.25  maintenance and operation facilities, guardrails, and protective 
 74.26  structures used in connection with highways or transit projects. 
 74.27  Enhancement items, including without limitation bicycle paths, 
 74.28  ornamental lighting, and landscaping, are eligible for financing 
 74.29  provided they are an integral part of overall project design and 
 74.30  construction of a federal-aid highway.  Money in the fund may 
 74.31  not be used for any toll facilities project or 
 74.32  congestion-pricing project. 
 74.33     Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
 74.34  revolving loan fund is established to make loans for the 
 74.35  purposes described in subdivision 2.  A highway account is 
 74.36  established in the fund for highway projects eligible under 
 75.1   United States Code, title 23.  A transit account is established 
 75.2   in the fund for transit capital projects eligible under United 
 75.3   States Code, title 49.  A state funds general loan account is 
 75.4   established in the fund for transportation projects eligible 
 75.5   under state law.  Other accounts may be established in the fund 
 75.6   as necessary for its management and administration.  The 
 75.7   transportation revolving loan fund shall receive receives 
 75.8   federal money under the act and money from any source.  Money 
 75.9   received under this section must be paid to the state treasurer 
 75.10  and credited to the transportation revolving loan fund.  Money 
 75.11  in the fund is annually appropriated to the commissioner 
 75.12  authority and does not lapse.  The fund must be credited with 
 75.13  investment income, and with repayments of principal and 
 75.14  interest, except for servicing fees assessed under sections 
 75.15  446A.04, subdivision 5, and 446A.11, subdivision 8. 
 75.16     Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
 75.17  shall manage and administer the transportation revolving loan 
 75.18  fund, the trunk highway revolving loan account, the county 
 75.19  state-aid highway revolving loan account, and the municipal 
 75.20  state-aid street revolving loan account and individual accounts 
 75.21  in the fund.  For those purposes, the authority may exercise all 
 75.22  powers provided in this chapter. 
 75.23     Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
 75.24  transportation committee, the commissioner of transportation may 
 75.25  transfer money from the trunk highway revolving loan account to 
 75.26  the trunk highway fund, from the county state-aid highway 
 75.27  revolving loan account to the county state-aid highway fund, and 
 75.28  from the municipal state-aid street revolving loan account to 
 75.29  the municipal state-aid street fund. 
 75.30     Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
 75.31  committee may authorize the making of loans to borrowers by the 
 75.32  authority for transportation purposes authorized by the act or 
 75.33  this section, without further action by the authority.  The 
 75.34  authority may not make loans for transportation purposes without 
 75.35  the approval of the transportation committee.  Each project must 
 75.36  be certified by the commissioner of transportation before its 
 76.1   consideration by the transportation committee. 
 76.2      Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
 76.3   an application to the transportation committee on forms 
 76.4   prescribed by the transportation committee.  The applicant must 
 76.5   provide the following information: 
 76.6      (1) the estimated cost of the project and the amount of the 
 76.7   loan sought; 
 76.8      (2) other possible sources of funding in addition to loans 
 76.9   sought from the transportation revolving loan fund, the trunk 
 76.10  highway revolving loan account, the county state-aid highway 
 76.11  revolving loan account, or the municipal state-aid street 
 76.12  revolving loan account; 
 76.13     (3) the proposed methods and sources of funds to be used 
 76.14  for repayment of loans received; and 
 76.15     (4) information showing the financial status and ability of 
 76.16  the borrower to repay loans. 
 76.17     Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
 76.18  transportation shall consider the following information when 
 76.19  evaluating projects to certify for funding to the transportation 
 76.20  committee: 
 76.21     (1) a description of the nature and purpose of the proposed 
 76.22  transportation project including an explanation of the need for 
 76.23  the project and the reasons why it is in the public interest; 
 76.24     (2) the relationship of the project to the area 
 76.25  transportation improvement program, the approved statewide 
 76.26  transportation improvement program, and to any other 
 76.27  transportation plans required under state or federal law; 
 76.28     (3) the estimated cost of the project and the amount of 
 76.29  loans sought; 
 76.30     (4) proposed sources of funding in addition to loans sought 
 76.31  from the transportation revolving loan fund, the trunk highway 
 76.32  revolving loan account, the county state-aid highway revolving 
 76.33  loan account, or municipal state-aid street revolving loan 
 76.34  account; 
 76.35     (5) the need for the project as part of the overall 
 76.36  transportation system; 
 77.1      (6) the overall economic impact of the project; and 
 77.2      (7) the extent to which completion of the project will 
 77.3   improve the movement of people and freight. 
 77.4      Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
 77.5   transportation revolving loan fund, the trunk highway revolving 
 77.6   loan account, the county state-aid highway revolving loan 
 77.7   account, or the municipal state-aid street revolving loan 
 77.8   account, the transportation committee shall comply with the 
 77.9   conditions applicable provisions of the act and state law.  In 
 77.10  addition, a loan made under this section must: 
 77.11     (1) bear interest at or below market rates or as otherwise 
 77.12  specified in federal law; 
 77.13     (2) have a repayment term not longer than 30 years; 
 77.14     (3) be fully amortized no later than 30 years after project 
 77.15  completion; 
 77.16     (4) be subject to repayment of principal and interest 
 77.17  beginning not later than five years after the facility financed 
 77.18  with a loan has been completed, or in the case of a highway 
 77.19  project, five years after the facility has opened to traffic; 
 77.20  and 
 77.21     (5) be made disbursed for specific project elements only 
 77.22  after all federal applicable environmental requirements 
 77.23  applicable to the project have been complied with and all 
 77.24  federal environmental requirements have been met. 
 77.25     Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
 77.26  APPORTIONMENTS.] A loan may be made to a county, or to a 
 77.27  statutory or home rule charter city having a population of 5,000 
 77.28  or more, in anticipation of repayment of the loan from sums that 
 77.29  will be apportioned to a county from the county state-aid 
 77.30  highway fund under section 162.07 or to a city from the 
 77.31  municipal state-aid street fund under section 162.14. 
 77.32     Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
 77.33  allocation provisions of section 162.08 for counties, and the 
 77.34  apportionment provisions of section 162.14 for cities, sums 
 77.35  apportioned under section 162.13 to a statutory or home rule 
 77.36  charter city, or under section 162.07 to a county, that has loan 
 78.1   repayments due to the transportation revolving loan fund, the 
 78.2   trunk highway revolving loan account, the county state-aid 
 78.3   highway revolving loan account, or the municipal state-aid 
 78.4   street revolving loan account shall be paid by the commissioner 
 78.5   of transportation to the appropriate loan fund or account to 
 78.6   offset the loan repayments that are due. 
 78.7      Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
 78.8   AUTHORITY.] The commissioner of the department of trade and 
 78.9   economic development shall adopt administrative rules specifying 
 78.10  the procedures that will be used for the administration of the 
 78.11  duties of the transportation committee and authority.  The rules 
 78.12  must include criteria, standards, and procedures that will be 
 78.13  used for making loans, determining interest rates to be charged 
 78.14  on loans, the amount of project financing to be provided, the 
 78.15  collateral that will be required, the requirements for dedicated 
 78.16  sources of revenue or income streams to ensure repayment of 
 78.17  loans, and the length of repayment terms.  
 78.18     Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
 78.19  commissioner of transportation shall establish, adopt rules for, 
 78.20  and implement a program to identify, assist with the development 
 78.21  of, and certify projects eligible for loans under the act to the 
 78.22  transportation committee.  Until rules are adopted by the 
 78.23  commissioner of transportation, the commissioner of 
 78.24  transportation may certify to the transportation committee any 
 78.25  project that has been reviewed through an approved planning 
 78.26  process that qualifies the project to be included in the 
 78.27  statewide transportation program or amended into the statewide 
 78.28  transportation improvement program. 
 78.29     Subd. 14.  [JOINT RULES.] The commissioner of the 
 78.30  department of trade and economic development and the 
 78.31  commissioner of transportation may adopt a single set of rules. 
 78.32     [EFFECTIVE DATE.] This section is effective the day 
 78.33  following final enactment. 
 78.34     Sec. 68.  Minnesota Statutes 2000, section 466.03, is 
 78.35  amended by adding a subdivision to read: 
 78.36     Subd. 22.  [HIGHWAY RIGHT-OF-WAY.] Any claim for a loss 
 79.1   involving or arising out of the use or operation of a 
 79.2   recreational motor vehicle, as defined in section 84.90, 
 79.3   subdivision 1, within the right-of-way of a road or highway as 
 79.4   defined in section 160.02, subdivision 7, except that the 
 79.5   municipality is liable for conduct that would entitle a 
 79.6   trespasser to damages against a private person. 
 79.7      Sec. 69.  Minnesota Statutes 2000, section 473.13, is 
 79.8   amended by adding a subdivision to read: 
 79.9      Subd. 1b.  [LIGHT RAIL TRANSIT OPERATING COSTS.] If the 
 79.10  council submits to the legislature or governor a budget that 
 79.11  includes proposed operating assistance for one or more light 
 79.12  rail transit lines operated by the council, the budget must show 
 79.13  the proposed operating assistance for each light rail transit 
 79.14  line separately from all other transit operating assistance in 
 79.15  that budget. 
 79.16     Sec. 70.  Minnesota Statutes 2000, section 473.146, 
 79.17  subdivision 4, is amended to read: 
 79.18     Subd. 4.  [TRANSPORTATION PLANNING.] (a) The metropolitan 
 79.19  council is the designated planning agency for any long-range 
 79.20  comprehensive transportation planning required by section 134 of 
 79.21  the Federal Highway Act of 1962, Section 4 of Urban Mass 
 79.22  Transportation Act of 1964 and Section 112 of Federal Aid 
 79.23  Highway Act of 1973 and other federal transportation laws.  The 
 79.24  council shall assure administration and coordination of 
 79.25  transportation planning with appropriate state, regional and 
 79.26  other agencies, counties, and municipalities, and.  
 79.27     (b) The council shall establish an advisory body consisting 
 79.28  of citizens, and representatives of municipalities, counties, 
 79.29  and state agencies in fulfillment of the planning 
 79.30  responsibilities of the council.  The membership of the advisory 
 79.31  body must consist of: 
 79.32     (1) the commissioner of transportation or the 
 79.33  commissioner's designee; 
 79.34     (2) the commissioner of the pollution control agency or the 
 79.35  commissioner's designee; 
 79.36     (3) one member of the metropolitan airports commission 
 80.1   appointed by the commission; 
 80.2      (4) one person appointed by the council to represent 
 80.3   nonmotorized transportation; 
 80.4      (5) one person appointed by the commissioner of 
 80.5   transportation to represent the freight transportation industry; 
 80.6      (6) two persons appointed by the council to represent 
 80.7   public transit; 
 80.8      (7) ten elected officials of cities within the metropolitan 
 80.9   area, including one representative from each first-class city, 
 80.10  appointed by the association of metropolitan municipalities; 
 80.11     (8) one member of the county board of each county in the 
 80.12  seven-county metropolitan area, appointed by the respective 
 80.13  county boards; 
 80.14     (9) eight citizens appointed by the council, one from each 
 80.15  council precinct; and 
 80.16     (10) one member of the council, appointed by the council. 
 80.17  The council shall appoint a chair from among the members of the 
 80.18  advisory body. 
 80.19     Sec. 71.  Minnesota Statutes 2000, section 473.399, is 
 80.20  amended by adding a subdivision to read: 
 80.21     Subd. 4.  [EXPENDITURE OF STATE FUNDS.] No state funds may 
 80.22  be expended by the metropolitan council to study light rail 
 80.23  transit or commuter rail unless the funds are appropriated in 
 80.24  legislation that identifies route, including the origin and 
 80.25  destination. 
 80.26     Sec. 72.  [473.4461] [ADDITIONS TO TRANSIT TAXING 
 80.27  DISTRICT.] 
 80.28     Notwithstanding any provision of section 473.446 or any 
 80.29  other law, the metropolitan council may not levy a tax under 
 80.30  section 473.446, subdivision 1, in any city or town not included 
 80.31  in the transit taxing district as it existed on January 1, 2001, 
 80.32  unless the council and the governing body of that city or town 
 80.33  have agreed on a service expansion plan. 
 80.34     Sec. 73.  Minnesota Statutes 2000, section 473.859, 
 80.35  subdivision 2, is amended to read: 
 80.36     Subd. 2.  [LAND USE PLAN.] A land use plan shall include 
 81.1   the water management plan required by section 103B.235, and 
 81.2   shall designate the existing and proposed location, intensity 
 81.3   and extent of use of land and water, including lakes, wetlands, 
 81.4   rivers, streams, natural drainage courses, and adjoining land 
 81.5   areas that affect water natural resources, for agricultural, 
 81.6   residential, commercial, industrial and other public and private 
 81.7   purposes, or any combination of such purposes.  A land use plan 
 81.8   shall contain a protection element, as appropriate, for historic 
 81.9   sites, the matters listed in the water management plan required 
 81.10  by section 103B.235, and an element for protection and 
 81.11  development of access to direct sunlight for solar energy 
 81.12  systems.  A land use plan shall also include a housing element 
 81.13  containing standards, plans and programs for providing adequate 
 81.14  housing opportunities to meet existing and projected local and 
 81.15  regional housing needs, including but not limited to the use of 
 81.16  official controls and land use planning to promote the 
 81.17  availability of land for the development of low and moderate 
 81.18  income housing.  A land use plan shall also include the local 
 81.19  government's goals, intentions, and priorities concerning 
 81.20  aggregate and other natural resources, transportation 
 81.21  infrastructure, land use compatibility, habitat, agricultural 
 81.22  preservation, and other planning priorities, considering 
 81.23  information regarding supply from the Minnesota geological 
 81.24  survey information circular No. 46. 
 81.25     Sec. 74.  [APPLICATION.] 
 81.26     Section 73 applies only to land use plans adopted or 
 81.27  amended by the governing body in relation to aggregate or when 
 81.28  the governing body is presented with a written application for 
 81.29  adoption or amendment of a land use plan relating to aggregate, 
 81.30  from a landowner after August 1, 2001, in the counties of Anoka, 
 81.31  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 81.32     Sec. 75.  Laws 1997, chapter 159, article 2, section 4, is 
 81.33  amended to read: 
 81.34     Sec. 4.  [DEMONSTRATION PROGRAM PERFORMANCE-BASED FUNDING 
 81.35  PROGRAM FOR CERTAIN PROVIDERS.] 
 81.36     Notwithstanding Minnesota Statutes, section 473.384, 
 82.1   subdivision 6, regarding percentages of total operating costs to 
 82.2   be subsidized by the metropolitan council, until June 30, 2001, 
 82.3   the metropolitan council may establish the appropriate 
 82.4   percentage operating subsidy to be granted to individual 
 82.5   recipients under the subdivision.  The metropolitan council must 
 82.6   establish the percentage annually, based on available transit 
 82.7   funds and the council's determination of a reasonable subsidy 
 82.8   per passenger trip in comparison to similar transit or 
 82.9   paratransit service in the metropolitan area.  The council may 
 82.10  provide a subsidy up to 100 percent of a recipient's operating 
 82.11  costs for all or any portion of the transit or paratransit 
 82.12  service and may require recipients to pay up to 100 41.5 percent 
 82.13  of their own operating costs for all or any portion of the 
 82.14  service.  
 82.15     Sec. 76.  [REPEALER.] 
 82.16     Minnesota Statutes 2000, section 174.22, subdivision 9, is 
 82.17  repealed. 
 82.18     Sec. 77.  [EFFECTIVE DATE.] 
 82.19     Unless any particular section specifies otherwise, the 
 82.20  sections in this article are effective July 1, 2001. 
 82.21                             ARTICLE 3
 82.22                            DESIGN-BUILD
 82.23     Section 1.  [161.3410] [DESIGN-BUILD CONTRACTS; 
 82.24  DEFINITIONS.] 
 82.25     Subdivision 1.  [SCOPE.] The terms used in sections 
 82.26  161.3410 to 161.3428 have the meanings given in this section. 
 82.27     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
 82.28  commissioner of transportation. 
 82.29     Subd. 3.  [DESIGN-BUILD CONTRACT.] "Design-build contract" 
 82.30  means a single contract between the department of transportation 
 82.31  and a design-build company or firm to furnish the architectural 
 82.32  or engineering and related design services as well as the labor, 
 82.33  material, supplies, equipment, and construction services for the 
 82.34  transportation project. 
 82.35     Subd. 4.  [DESIGN-BUILD FIRM.] "Design-build firm" means a 
 82.36  proprietorship, partnership, limited liability partnership, 
 83.1   joint venture, corporation, any type of limited liability 
 83.2   company, professional corporation, or any legal entity. 
 83.3      Subd. 5.  [DESIGN PROFESSIONAL.] "Design professional" 
 83.4   means a person who holds a license under chapter 326 that is 
 83.5   required to be registered under Minnesota law. 
 83.6      Subd. 6.  [DESIGN-BUILD TRANSPORTATION 
 83.7   PROJECT.] "Design-build transportation project" means the 
 83.8   procurement of both the design and construction of a 
 83.9   transportation project in a single contract with a company or 
 83.10  companies capable of providing the necessary engineering 
 83.11  services and construction. 
 83.12     Subd. 7.  [DESIGN-BUILDER.] "Design-builder" means the 
 83.13  design-build firm that proposes to design and build a 
 83.14  transportation project governed by the procedures of this 
 83.15  section. 
 83.16     Subd. 8.  [REQUEST FOR PROPOSALS OR RFP.] "Request for 
 83.17  proposals" or "RFP" means the document by which the commissioner 
 83.18  solicits proposals from prequalified design-build firms to 
 83.19  design and construct the transportation project. 
 83.20     Subd. 9.  [REQUEST FOR QUALIFICATIONS OR RFQ.] "Request for 
 83.21  qualifications" or "RFQ" means a document to prequalify and 
 83.22  short-list potential design-build firms. 
 83.23     Sec. 2.  [161.3412] [DESIGN-BUILD AUTHORITY.] 
 83.24     Subdivision 1.  [BEST VALUE SELECTION.] Notwithstanding 
 83.25  sections 16C.25, 161.32, and 161.321, or any other law to the 
 83.26  contrary, the commissioner may solicit and award a design-build 
 83.27  contract for a project on the basis of a best value selection 
 83.28  process.  Section 16C.08 does not apply to design-build 
 83.29  contracts to which the commissioner is a party. 
 83.30     Subd. 2.  [COMPETITIVE, OPEN PROCESS.] Sections 161.3410 to 
 83.31  161.3428 apply only to transportation projects using the 
 83.32  two-step competitive process utilizing public solicitation for 
 83.33  design-build services. 
 83.34     Subd. 3.  [RESTRICTION; REPORTS.] (a) The number of 
 83.35  design-build contracts awarded by the commissioner in any fiscal 
 83.36  year may not exceed ten percent of the total number of 
 84.1   transportation construction contracts awarded by the 
 84.2   commissioner in the previous fiscal year. 
 84.3      (b) The commissioner shall notify the chairs of the senate 
 84.4   and house of representatives committees with jurisdiction over 
 84.5   transportation policy and transportation finance each time the 
 84.6   commissioner decides to use the design-build method of 
 84.7   procurement and explain why that method was chosen.  
 84.8      Subd. 4.  [MUNICIPAL CONSENT.] Use of the design-build 
 84.9   method of state transportation project delivery is subject to 
 84.10  state law concerning municipal consent to highways in 
 84.11  municipalities. 
 84.12     Sec. 3.  [161.3414] [DETERMINATION TO USE DESIGN-BUILD 
 84.13  SELECTION METHOD.] 
 84.14     Subdivision 1.  [GENERAL CRITERIA.] A design-build 
 84.15  contracting procedure authorized under sections 161.3410 to 
 84.16  161.3428 may be used for a specific project only after the 
 84.17  commissioner determines that awarding a design-build contract 
 84.18  will serve the public interest. 
 84.19     Subd. 2.  [SPECIFIC CRITERIA.] The commissioner shall use 
 84.20  the following criteria as the minimum basis for determining when 
 84.21  to use the design-build method of project delivery: 
 84.22     (1) the extent to which it can adequately define the 
 84.23  project requirements in a proposed scope of the design and 
 84.24  construction desired; 
 84.25     (2) the time constraints for delivery of the project; 
 84.26     (3) the capability and experience of potential contractors 
 84.27  with the design-build method of project delivery or similar 
 84.28  experience; 
 84.29     (4) the suitability of the project for use of the 
 84.30  design-build method of project delivery with respect to time, 
 84.31  schedule, costs, and quality factors; 
 84.32     (5) the capability of the department of transportation to 
 84.33  manage the project, including the employment of experienced 
 84.34  personnel or outside consultants; 
 84.35     (6) the capability of the department of transportation to 
 84.36  oversee the project with individuals or design-build firms who 
 85.1   are familiar and experienced with the design-build method of 
 85.2   project delivery or similar experience; 
 85.3      (7) the lack of ability and availability of any current 
 85.4   state employee to perform the services called for by the 
 85.5   contract; 
 85.6      (8) the original character of the product or the services; 
 85.7      (9) the work to be performed on the project is necessary to 
 85.8   the agency's achievement of its statutory responsibilities and 
 85.9   there is statutory authority to enter into the contract; and 
 85.10     (10) other criteria the commissioner deems relevant and 
 85.11  states in writing in its determination to utilize the 
 85.12  design-build method of project delivery. 
 85.13     Sec. 4.  [161.3416] [DESIGN-BUILD NOTICE; REPORT.] 
 85.14     Subdivision 1.  [SUMMARY REPORT OF REASONS FOR 
 85.15  DETERMINATION.] The commissioner shall summarize in a written 
 85.16  statement its reasons for using the design-build construction 
 85.17  contracting procedure.  This statement, along with other 
 85.18  relevant information describing the project, must be made 
 85.19  available upon request to interested parties. 
 85.20     Subd. 2.  [FINAL DETERMINATION AUTHORITY.] Final 
 85.21  determination to use a design-build construction contracting 
 85.22  procedure may be made only by the commissioner. 
 85.23     Sec. 5.  [161.3418] [LICENSING REQUIREMENTS.] 
 85.24     Subdivision 1.  [LICENSED PROFESSIONAL REQUIRED.] Each 
 85.25  design-builder shall employ, or have as a partner, member, 
 85.26  officer, coventurer, or subcontractor a person duly licensed and 
 85.27  registered to provide the design services required to complete 
 85.28  the project and do business in the state. 
 85.29     Subd. 2.  [CONTRACTING FOR LICENSED PROFESSIONAL.] A 
 85.30  design-builder may enter into a contract to provide professional 
 85.31  or construction services for a project that the design-builder 
 85.32  is not licensed, registered, or qualified to perform, so long as 
 85.33  the design-builder provides those services through 
 85.34  subcontractors with duly licensed, registered, or otherwise 
 85.35  qualified individuals in accordance with sections 161.3410 to 
 85.36  161.3428. 
 86.1      Subd. 3.  [LIABILITY.] (a) Nothing in this section 
 86.2   authorizing design-build contracts is intended to limit or 
 86.3   eliminate the responsibility or liability owed by a professional 
 86.4   on a design-build project to the state, county, or city, or 
 86.5   other third parties under existing law. 
 86.6      (b) The design service portion of a design-build contract 
 86.7   must be considered a service and not a product. 
 86.8      Sec. 6.  [161.3420] [DESIGN-BUILD RFQ; SELECTION TEAM; 
 86.9   EVALUATION.] 
 86.10     Subdivision 1.  [TWO-PHASE PROCEDURE.] If the commissioner 
 86.11  determines that the design-build best value method of project 
 86.12  delivery is appropriate for a project, the commissioner shall 
 86.13  establish a two-phase procedure for awarding the design-build 
 86.14  contract, as described in this subdivision and section 161.3422. 
 86.15     Subd. 2.  [TECHNICAL REVIEW COMMITTEE.] During the 
 86.16  phase-one request for qualifications (RFQ) and before 
 86.17  solicitation, the commissioner shall appoint a technical review 
 86.18  committee of at least five individuals.  The technical review 
 86.19  committee must include an individual whose name and 
 86.20  qualifications are submitted to the commissioner by the 
 86.21  Minnesota chapter of the Associated General Contractors, after 
 86.22  consultation with other commercial contractor associations in 
 86.23  the state.  Members of the technical review committee who are 
 86.24  not state employees are subject to the Minnesota Government Data 
 86.25  Practices Act and section 16C.06 to the same extent that state 
 86.26  agencies are subject to those provisions.  A technical review 
 86.27  committee member may not participate in the review or discussion 
 86.28  of responses to a request for qualifications or request for 
 86.29  proposals when the member has a financial interest in any of the 
 86.30  design-build firms that respond to that request for 
 86.31  qualifications or request for proposals.  "Financial interest" 
 86.32  includes, but is not limited to, being or serving as an owner, 
 86.33  employee, partner, limited liability partner, shareholder, joint 
 86.34  venturer, family member, officer, or director of a design-build 
 86.35  firm responding to a request for qualifications or request for 
 86.36  proposals for a specific project, or having any other economic 
 87.1   interest in that design-build firm.  The members of the 
 87.2   technical review committee must be treated as state employees in 
 87.3   the event of litigation resulting from any action arising out of 
 87.4   their service on the committee. 
 87.5      Subd. 3.  [CONTENTS.] The commissioner shall prepare or 
 87.6   have prepared a request for qualifications.  The request for 
 87.7   qualifications must include the following: 
 87.8      (1) the minimum qualifications of design-builders necessary 
 87.9   to meet the requirements for acceptance; 
 87.10     (2) a scope of work statement and schedule; 
 87.11     (3) documents defining the project requirements; 
 87.12     (4) the form of contract to be awarded; 
 87.13     (5) the weighted selection criteria for compiling a short 
 87.14  list and the number of firms to be included in the short list, 
 87.15  which must be at least two but not more than five; 
 87.16     (6) a description of the RFP requirements; 
 87.17     (7) the maximum time allowed for design and construction; 
 87.18     (8) the commissioner's estimated cost of design and 
 87.19  construction; 
 87.20     (9) requirements for construction experience, design 
 87.21  experience, financial, personnel, and equipment resources 
 87.22  available from potential design-builders for the project and 
 87.23  experience in other design-build transportation projects or 
 87.24  similar projects, provided that these requirements may not 
 87.25  unduly restrict competition; and 
 87.26     (10) a statement that "past performance" or "experience" 
 87.27  does not include the exercise or assertion of a person's legal 
 87.28  rights. 
 87.29     Subd. 4.  [EVALUATION.] The selection team shall evaluate 
 87.30  the design-build qualifications of responding firms and shall 
 87.31  compile a short list of no more than five most highly qualified 
 87.32  firms in accordance with qualifications criteria described in 
 87.33  the RFQ.  If only one design-build firm responds to the RFQ or 
 87.34  remains on the short list, the commissioner may readvertise or 
 87.35  cancel the project as the commissioner deems necessary. 
 87.36     Sec. 7.  [161.3422] [RFP FOR DESIGN-BUILD.] 
 88.1      During phase two, the commissioner shall issue a request 
 88.2   for proposals (RFP) to the design-builders on the short list.  
 88.3   The request must include: 
 88.4      (1) the scope of work, including (i) performance and 
 88.5   technical requirements, (ii) conceptual design, (iii) 
 88.6   specifications, and (iv) functional and operational elements for 
 88.7   the delivery of the completed project, which must be prepared by 
 88.8   a registered or licensed professional engineer; 
 88.9      (2) a description of the qualifications required of the 
 88.10  design-builder and the selection criteria, including the weight 
 88.11  or relative order, or both, of each criterion; 
 88.12     (3) copies of the contract documents that the successful 
 88.13  proposer will be expected to sign; 
 88.14     (4) the maximum time allowable for design and construction; 
 88.15     (5) the road authority's estimated cost of design and 
 88.16  construction; 
 88.17     (6) the requirement that a submitted proposal be segmented 
 88.18  into two parts, a technical proposal and a price proposal; 
 88.19     (7) the requirement that each proposal be in a separately 
 88.20  sealed, clearly identified package and include the date and time 
 88.21  of the submittal deadline; 
 88.22     (8) the requirement that the technical proposal include a 
 88.23  critical path method; bar schedule of the work to be performed, 
 88.24  or similar schematic; design plans and specifications; technical 
 88.25  reports; calculations; permit requirements; applicable 
 88.26  development fees; and other data requested in the request for 
 88.27  proposals; 
 88.28     (9) the requirement that the price proposal contain all 
 88.29  design, construction, engineering, inspection, and construction 
 88.30  costs of the proposed project; 
 88.31     (10) the date, time, and location of the public opening of 
 88.32  the sealed price proposals; and 
 88.33     (11) other information relevant to the project. 
 88.34     Sec. 8.  [161.3424] [REPLACING TEAM MEMBERS.] 
 88.35     An individual or a design-build firm identified in a 
 88.36  response to a request for qualifications or a request for 
 89.1   proposals may not be replaced without the written approval of 
 89.2   the commissioner.  The commissioner may revoke an awarded 
 89.3   contract if an individual or a design-build firm identified in a 
 89.4   response to an RFQ or RFP is replaced without the commissioner's 
 89.5   written approval.  To qualify for the commissioner's approval, 
 89.6   the written request must document that the proposed replacement 
 89.7   individual or design-build firm will be equal to or better than 
 89.8   that described in the response to the request for qualifications 
 89.9   or request for proposals.  The commissioner shall use the 
 89.10  criteria specified in the request for qualifications or request 
 89.11  for proposals to evaluate the request. 
 89.12     Sec. 9.  [161.3426] [DESIGN-BUILD AWARD.] 
 89.13     Subdivision 1.  [AWARD; COMPUTATION; ANNOUNCEMENT.] Except 
 89.14  as provided in subdivision 2, a design-build contract shall be 
 89.15  awarded as follows: 
 89.16     (a) The technical review committee shall score the 
 89.17  technical proposals using the selection criteria in the request 
 89.18  for proposals (RFP).  The technical review committee shall then 
 89.19  submit a technical proposal score for each design-builder to the 
 89.20  commissioner.  The technical review committee shall reject any 
 89.21  proposal it deems nonresponsive. 
 89.22     (b) The commissioner shall announce the technical proposal 
 89.23  score for each design-builder and shall publicly open the sealed 
 89.24  price proposals and shall divide each design-builder's price by 
 89.25  the technical score that the technical review committee has 
 89.26  given to it to obtain an adjusted score.  The design-builder 
 89.27  selected must be that responsive and responsible design-builder 
 89.28  whose adjusted score is the lowest. 
 89.29     (c) If a time factor is included with the selection 
 89.30  criteria in the request for proposals package, the commissioner 
 89.31  may also adjust the bids using a value of the time factor 
 89.32  established by the commissioner.  The value of the time factor 
 89.33  must be expressed as a value per day.  The adjustment must be 
 89.34  based on the total time value.  The total time value is the 
 89.35  design-builder's total number of days to complete the project 
 89.36  multiplied by the factor.  The time-adjusted price is the total 
 90.1   time value plus the bid amount.  This adjustment must be used 
 90.2   for selection purposes only, and must not affect the department 
 90.3   of transportation's liquidated damages schedule or incentive or 
 90.4   disincentive program.  An adjusted score must then be obtained 
 90.5   by dividing each design-builder's time-adjusted price by the 
 90.6   score given by the technical review team.  The commissioner 
 90.7   shall select the responsive and responsible design-builder whose 
 90.8   adjusted score is the lowest. 
 90.9      (d) Unless all proposals are rejected, the commissioner 
 90.10  shall award the contract to the responsive and responsible 
 90.11  design-builder with the lowest adjusted score.  The commissioner 
 90.12  shall reserve the right to reject all proposals. 
 90.13     Subd. 2.  [ALTERNATIVE PROCESS FOR CERTAIN CONTRACTS.] (a) 
 90.14  The commissioner may elect to use the process in paragraph (b) 
 90.15  for a design-build contract for a project with an estimated 
 90.16  project cost of less than $5,000,000. 
 90.17     (b) The commissioner shall give the lowest cost proposal 
 90.18  the full number of price points defined in the request for 
 90.19  proposals.  The commissioner shall award each of the other 
 90.20  proposals a percentage of the price points based on a ratio of 
 90.21  the lowest price divided by the responder's price.  The 
 90.22  commissioner shall add the technical score and price score and 
 90.23  award the contract to the responder with the highest total score.
 90.24     Subd. 3.  [STIPULATED FEE.] The commissioner shall award a 
 90.25  stipulated fee not less than two-tenths of one percent of the 
 90.26  department's estimated cost of design and construction to each 
 90.27  short-listed, responsible proposer who provides a responsive but 
 90.28  unsuccessful proposal.  If the commissioner does not award a 
 90.29  contract, all short-listed proposers must receive the stipulated 
 90.30  fee.  If the commissioner cancels the contract before reviewing 
 90.31  the technical proposals, the commissioner shall award each 
 90.32  design-builder on the short list a stipulated fee of not less 
 90.33  than two-tenths of one percent of the commissioner's estimated 
 90.34  cost of design and construction.  The commissioner shall pay the 
 90.35  stipulated fee to each proposer within 90 days after the award 
 90.36  of the contract or the decision not to award a contract.  In 
 91.1   consideration for paying the stipulated fee, the commissioner 
 91.2   may use any ideas or information contained in the proposals in 
 91.3   connection with any contract awarded for the project or in 
 91.4   connection with a subsequent procurement, without any obligation 
 91.5   to pay any additional compensation to the unsuccessful proposers.
 91.6   Notwithstanding the other provisions of this subdivision, an 
 91.7   unsuccessful short-list proposer may elect to waive the 
 91.8   stipulated fee.  If an unsuccessful short-list proposer elects 
 91.9   to waive the stipulated fee, the commissioner may not use ideas 
 91.10  and information contained in that proposer's proposal.  Upon the 
 91.11  request of the commissioner, a proposer who waived a stipulated 
 91.12  fee may withdraw the waiver, in which case the commissioner 
 91.13  shall pay the stipulated fee to the proposer and thereafter may 
 91.14  use ideas and information in the proposer's proposal. 
 91.15     Subd. 4.  [LOW-BID DESIGN-BUILD PROCESS.] (a) The 
 91.16  commissioner may also use low-bid, design-build procedures to 
 91.17  award a design-build contract where the scope of the work can be 
 91.18  clearly defined. 
 91.19     (b) Low-bid design-build projects may require an RFQ and 
 91.20  short-listing, and must require an RFP. 
 91.21     (c) Submitted proposals under this subdivision must include 
 91.22  separately a technical proposal and a price proposal.  The 
 91.23  low-bid, design-build procedures must follow a two-step process 
 91.24  for review of the responses to the RFP as follows:  
 91.25     (1) The first step is the review of the technical proposal 
 91.26  by the technical review committee as provided in section 
 91.27  161.3420, subdivision 2.  The technical review committee must 
 91.28  open the technical proposal first and must determine if it 
 91.29  complies with the requirements of the RFP and is responsive.  
 91.30  The technical review committee may not perform any ranking or 
 91.31  scoring of the technical proposals.  
 91.32     (2) The second step is the determination of the low bidder 
 91.33  based on the price proposal.  The commissioner may not open the 
 91.34  price proposal until the review of the technical proposal is 
 91.35  complete. 
 91.36     (d) The contract award under low-bid, design-build 
 92.1   procedures must be made to the proposer whose sealed bid is 
 92.2   responsive to the technical requirements as determined by the 
 92.3   technical review committee and that is also the lowest bid. 
 92.4      (e) A stipulated fee may be paid for unsuccessful bids on 
 92.5   low-bid, design-build projects only when the commissioner has 
 92.6   required an RFQ and short-listed the most highly qualified 
 92.7   responsive bidders.  
 92.8      Subd. 5.  [REJECTION OF BIDS.] The commissioner may reject 
 92.9   all bids under this section. 
 92.10     Sec. 10.  [161.3428] [LIST OF DESIGN-BUILD CONTRACTS.] 
 92.11     Beginning September 1, 2002, and every subsequent year on 
 92.12  September 1, the commissioner shall submit to the governor, to 
 92.13  the chairs of the house ways and means and senate finance 
 92.14  committees, to the chairs of the house and senate committees 
 92.15  having jurisdiction over transportation policy and finance, and 
 92.16  the legislative reference library, a yearly listing of all 
 92.17  executed design-build contracts.  The report must identify the 
 92.18  contractor, contract amount, duration, and services to be 
 92.19  provided.  The list and summary must: 
 92.20     (1) be sorted by contractor; 
 92.21     (2) show the aggregate value of contracts issued by the 
 92.22  commissioner of transportation and issued to each contractor; 
 92.23  and 
 92.24     (3) state the termination date of each contract. 
 92.25     Sec. 11.  [EFFECTIVE DATE.] 
 92.26     Sections 1 to 10 are effective the day following final 
 92.27  enactment. 
 92.28                             ARTICLE 4
 92.29                  CRIMINAL JUSTICE APPROPRIATIONS 
 92.30  Section 1.  [APPROPRIATIONS.] 
 92.31     The sums shown in the columns marked "APPROPRIATIONS" are 
 92.32  appropriated from the general fund, or another named fund, to 
 92.33  the agencies and for the purposes specified in this article, to 
 92.34  be available for the fiscal years indicated for each purpose.  
 92.35  The figures "2002" and "2003," where used in this article, mean 
 92.36  that the appropriations listed under them are available for the 
 93.1   year ending June 30, 2002, or June 30, 2003, respectively.  The 
 93.2   term "first year" means the year ending June 30, 2002, and the 
 93.3   term "second year" means the year ending June 30, 2003. 
 93.4                                              APPROPRIATIONS 
 93.5                                          Available for the Year 
 93.6                                              Ending June 30 
 93.7                                             2002         2003 
 93.8   Sec. 2.  SUPREME COURT 
 93.9   Subdivision 1.  Total 
 93.10  Appropriation                       $ 37,561,000   $ 39,891,000
 93.11  [APPROPRIATIONS FOR PROGRAMS.] The 
 93.12  amounts that may be spent from this 
 93.13  appropriation for each program are 
 93.14  specified in the following subdivisions.
 93.15  Subd. 2.  Supreme Court Operations 
 93.16       4,985,000      5,444,000
 93.17  [CONTINGENT ACCOUNT.] $5,000 each year 
 93.18  is for a contingent account for 
 93.19  expenses necessary for the normal 
 93.20  operation of the court for which no 
 93.21  other reimbursement is provided. 
 93.22  Subd. 3.  Civil Legal Services
 93.23       7,734,000      7,734,000
 93.24  [LEGAL SERVICES TO LOW-INCOME CLIENTS 
 93.25  AND FAMILY LAW LEGAL ASSISTANCE.] This 
 93.26  appropriation is for legal services to 
 93.27  low-income clients and for family farm 
 93.28  legal assistance under Minnesota 
 93.29  Statutes, section 480.242.  Any 
 93.30  unencumbered balance remaining in the 
 93.31  first year does not cancel but is 
 93.32  available for the second year.  A 
 93.33  qualified legal services program, as 
 93.34  defined in Minnesota Statutes, section 
 93.35  480.24, subdivision 3, may provide 
 93.36  legal services to persons eligible for 
 93.37  family farm legal assistance under 
 93.38  Minnesota Statutes, section 480.242.  
 93.39  [LEGAL SERVICES TO LOW-INCOME CLIENTS 
 93.40  IN FAMILY LAW MATTERS.] Of this 
 93.41  appropriation, $877,000 each year is to 
 93.42  improve the access of low-income 
 93.43  clients to legal representation in 
 93.44  family law matters.  This appropriation 
 93.45  must be distributed under Minnesota 
 93.46  Statutes, section 480.242, to the 
 93.47  qualified legal services programs 
 93.48  described in Minnesota Statutes, 
 93.49  section 480.242, subdivision 2, 
 93.50  paragraph (a).  Any unencumbered 
 93.51  balance remaining in the first year 
 93.52  does not cancel and is available for 
 93.53  the second year. 
 93.54  Subd. 4.  State Court Administration 
 93.55      22,815,000     24,570,000
 94.1   [JUDICIAL BRANCH TRANSFORMATION AND 
 94.2   INFRASTRUCTURE.] $1,054,000 the first 
 94.3   year and $1,905,000 the second year are 
 94.4   for judicial branch transformation and 
 94.5   infrastructure.  
 94.6   [CONTINUE REDEVELOPMENT OF COURT 
 94.7   INFORMATION SYSTEM.] $7,500,000 each 
 94.8   year is to continue redevelopment of 
 94.9   the court information system to be used 
 94.10  by all counties to integrate court 
 94.11  information with other criminal justice 
 94.12  information.  Of this amount, $225,000 
 94.13  the first year must be transferred to 
 94.14  the board of public defense for 
 94.15  hardware and software necessary to 
 94.16  redesign information systems to 
 94.17  accommodate changes to the criminal 
 94.18  justice information system.  This is a 
 94.19  onetime transfer.  This appropriation 
 94.20  may not be used for any other purpose.  
 94.21  Any unencumbered balances remaining 
 94.22  from the first year do not cancel but 
 94.23  are available for the second year. 
 94.24  This appropriation is available only 
 94.25  pursuant to a budget approved by the 
 94.26  criminal and juvenile justice 
 94.27  information policy group that is 
 94.28  consistent with technology and project 
 94.29  management analyses of the office of 
 94.30  technology. 
 94.31  Up to 20 percent of this appropriation 
 94.32  may be released on July 1, 2001.  The 
 94.33  remaining funds shall be released upon 
 94.34  approval of the criminal and juvenile 
 94.35  justice information policy group, under 
 94.36  advisement from the office of 
 94.37  technology.  The policy group shall 
 94.38  approve the release of funding for each 
 94.39  project to ensure (1) that the project 
 94.40  is in compliance with the statewide 
 94.41  criminal justice information system 
 94.42  standards, (2) that each project 
 94.43  remains feasible according to plans 
 94.44  established pursuant to Minnesota 
 94.45  Statutes, sections 16E.04, subdivision 
 94.46  3, and 299C.65, subdivision 6 or 7, or 
 94.47  that an updated plan has been approved 
 94.48  by the policy group and the project is 
 94.49  progressing according to the revised 
 94.50  plan, (3) that the project is fully 
 94.51  integrated with existing information 
 94.52  and communications networks, and (4) 
 94.53  that it complies with technology 
 94.54  standards and protocols established by 
 94.55  the office of technology for statewide 
 94.56  connectivity and interoperability. 
 94.57  Subd. 5.  Law Library Operations 
 94.58       2,027,000      2,143,000
 94.59  [LEGAL RESEARCH MATERIAL INFLATION.] 
 94.60  $80,000 the first year and $90,000 the 
 94.61  second year are for legal research 
 94.62  material inflation.  
 94.63  Sec. 3.  COURT OF APPEALS              7,580,000      8,113,000
 95.1   [LEGAL RESEARCH ASSISTANCE.] $172,000 
 95.2   the first year and $158,000 the second 
 95.3   year are for legal research assistance. 
 95.4   Sec. 4.  DISTRICT COURTS             118,470,000    128,842,000
 95.5   [CARLTON COUNTY EXTRAORDINARY 
 95.6   EXPENSES.] $300,000 the first year is 
 95.7   to reimburse Carlton county for 
 95.8   extraordinary expenses related to 
 95.9   homicide trials.  This is a onetime 
 95.10  appropriation. 
 95.11  [NEW JUDGE UNITS.] $774,000 the first 
 95.12  year and $1,504,000 the second year are 
 95.13  for an increase in judgeship units, 
 95.14  including one trial court judge unit 
 95.15  beginning October 1, 2001, in the tenth 
 95.16  judicial district, one trial court 
 95.17  judge unit beginning April 1, 2002, in 
 95.18  the third judicial district, one trial 
 95.19  court judge unit beginning July 1, 
 95.20  2002, in the tenth judicial district, 
 95.21  one trial court judge unit beginning 
 95.22  January 1, 2003, in the seventh 
 95.23  judicial district, and one trial court 
 95.24  judge unit beginning January 1, 2003, 
 95.25  in the first judicial district.  Each 
 95.26  judge unit consists of a judge, law 
 95.27  clerk, and court reporter. 
 95.28  [ALTERNATIVE DISPUTE RESOLUTION 
 95.29  PROGRAMS.] A portion of this 
 95.30  appropriation may be used for the 
 95.31  alternative dispute resolution programs 
 95.32  authorized by article 5, section 18.  
 95.33  [SUPPLEMENTAL FUNDING FOR CERTAIN 
 95.34  MANDATED COSTS.] $4,533,000 the first 
 95.35  year and $6,032,000 the second year are 
 95.36  to supplement funding for guardians ad 
 95.37  litem, interpreters, rule 20 and civil 
 95.38  commitment examinations, and in forma 
 95.39  pauperis costs in the fifth, seventh, 
 95.40  eighth, and ninth judicial districts. 
 95.41  [TRIAL COURT INFRASTRUCTURE STAFF.] 
 95.42  $684,000 the first year and $925,000 
 95.43  the second year are for infrastructure 
 95.44  staff.  
 95.45  [COURT EFFECTIVENESS INITIATIVES; 
 95.46  COMMUNITY COURTS AND SCREENER 
 95.47  COLLECTORS.] $835,000 the first year 
 95.48  and $765,000 the second year are for 
 95.49  court effectiveness initiatives.  Of 
 95.50  this amount, $125,000 each year is for 
 95.51  continued funding of the community 
 95.52  court in the fourth judicial district 
 95.53  and $125,000 each year is for continued 
 95.54  funding of the community court in the 
 95.55  second judicial district.  These are 
 95.56  onetime appropriations. 
 95.57  The second judicial district and fourth 
 95.58  judicial district shall each report 
 95.59  quarterly to the chairs and ranking 
 95.60  minority members of the legislative 
 95.61  committees and divisions with 
 95.62  jurisdiction over criminal justice 
 95.63  funding on: 
 96.1   (1) how money appropriated for this 
 96.2   initiative was spent; and 
 96.3   (2) the cooperation of other criminal 
 96.4   justice agencies and county units of 
 96.5   government in the community courts' 
 96.6   efforts. 
 96.7   The first report is due on October 1, 
 96.8   2001.  None of this appropriation may 
 96.9   be used for the purpose of complying 
 96.10  with these reporting requirements.  
 96.11  Of this amount, $585,000 the first year 
 96.12  and $515,000 the second year are for 
 96.13  screener collector programs. 
 96.14  The fifth, seventh, and ninth judicial 
 96.15  district courts shall implement 
 96.16  screener collector programs to enhance 
 96.17  the collection of overdue fine revenue 
 96.18  by at least ten percent in each 
 96.19  location serviced by a screener 
 96.20  collector.  By August 15, 2002, and 
 96.21  annually thereafter, the state court 
 96.22  administrator shall report to the 
 96.23  chairs and ranking minority members of 
 96.24  the house of representatives and senate 
 96.25  committees with jurisdiction over 
 96.26  criminal justice policy and funding 
 96.27  issues on the total amount of fines 
 96.28  collected, the amount of overdue fines 
 96.29  collected for the two preceding fiscal 
 96.30  years, and the expenditures associated 
 96.31  with the screener collector program. 
 96.32  [NINTH DISTRICT CUSTODY AND SUPPORT 
 96.33  PILOT PROJECTS.] Up to $99,000 each 
 96.34  year may be used for the ninth judicial 
 96.35  district to implement the pilot 
 96.36  projects on the six-month review of 
 96.37  child custody, parenting time, and 
 96.38  support orders, and on the accounting 
 96.39  for child support by obligees.  
 96.40  Sec. 5.  BOARD ON JUDICIAL  
 96.41  STANDARDS                                245,000        252,000
 96.42  Sec. 6.  TAX COURT                       735,000        751,000
 96.43  Sec. 7.  HUMAN RIGHTS                  4,032,000      4,148,000 
 96.44  [CASELOAD ANALYSIS.] The commissioner 
 96.45  of human rights must conduct a 
 96.46  comparative analysis of the caseloads 
 96.47  of human rights departments in the 
 96.48  other states.  By February 15, 2002, 
 96.49  the commissioner must report to the 
 96.50  chairs and ranking minority members of 
 96.51  the house of representatives and senate 
 96.52  committees having jurisdiction over 
 96.53  judiciary finance issues on the 
 96.54  analysis and must propose budget 
 96.55  recommendations to make the caseloads 
 96.56  in the Minnesota department of human 
 96.57  rights consistent with other states. 
 96.58  Sec. 8.  UNIFORM LAWS COMMISSION          39,000         40,000 
 96.59  Sec. 9.  CRIME VICTIM 
 96.60  OMBUDSMAN                                400,000        411,000
 97.1   Sec. 10.  PUBLIC SAFETY
 97.2   Subdivision 1.  Total 
 97.3   Appropriation                         88,001,000     84,299,000
 97.4                 Summary by Fund
 97.5                           2002          2003
 97.6   General             84,919,000    81,195,000 
 97.7   Special Revenue      2,674,000     2,687,000 
 97.8   State Government 
 97.9   Special Revenue          7,000         7,000  
 97.10  Environmental           47,000        49,000  
 97.11  Trunk Highway          354,000       361,000   
 97.12  [APPROPRIATIONS FOR PROGRAMS.] The 
 97.13  amounts that may be spent from this 
 97.14  appropriation for each program are 
 97.15  specified in the following subdivisions.
 97.16  [DWI PENALTY FUNDS.] The commissioners 
 97.17  of public safety and transportation 
 97.18  must jointly report annually to the 
 97.19  chairs and ranking minority members of 
 97.20  the house of representatives and senate 
 97.21  committees having jurisdiction over 
 97.22  transportation and public safety 
 97.23  finance issues on the expenditure of 
 97.24  any federal funds available under the 
 97.25  repeat offender transfer program, 
 97.26  Public Law Number 105-206, section 164. 
 97.27  Subd. 2.  Emergency Management
 97.28                Summary by Fund
 97.29  General              7,198,000    3,835,000
 97.30  Environmental           47,000       49,000
 97.31  [MATCHING FUNDS BASE BUDGET.] Beginning 
 97.32  in fiscal year 2004, the budget for the 
 97.33  state match of federal disaster 
 97.34  assistance money under Minnesota 
 97.35  Statutes, section 12.221, is $5,000,000 
 97.36  each year. 
 97.37  [GRANITE FALLS TORNADO ASSISTANCE.] 
 97.38  $3,000,000 the first year is for a 
 97.39  grant to the city of Granite Falls to 
 97.40  assist with tornado-related costs that 
 97.41  are not eligible for reimbursement 
 97.42  under the Federal Emergency Management 
 97.43  Agency (FEMA) disaster relief programs, 
 97.44  including acquisition and cleanup costs 
 97.45  of ineligible properties; costs of lost 
 97.46  interest earnings; and costs of damage 
 97.47  assessment, repair, replacement, 
 97.48  extension, or improvement of publicly 
 97.49  owned wastewater and municipal utility 
 97.50  services and drinking water systems, 
 97.51  and is available until June 30, 2003.  
 97.52  Up to $500,000 of this appropriation 
 97.53  may be used for Project Turnabout.  
 98.1   [FLOOD RECOVERY FUNDING.] $400,000 the 
 98.2   first year is for grants to the cities 
 98.3   of Ada, Breckenridge, East Grand Forks, 
 98.4   and Warren.  Of that amount, $174,200 
 98.5   is to reimburse Ada for bond interest 
 98.6   expenses in connection with temporary 
 98.7   financing in anticipation of financing 
 98.8   by FEMA for 1997 flood recovery work in 
 98.9   that city.  $60,000 is to reimburse 
 98.10  Breckenridge, $127,400 is to reimburse 
 98.11  East Grand Forks, and $38,400 is to 
 98.12  reimburse Warren for lost interest in 
 98.13  connection with expenditures in 
 98.14  anticipation of financing by FEMA for 
 98.15  1997 flood recovery work in those 
 98.16  cities. 
 98.17  [CHEMICAL ASSESSMENT TEAMS.] The 
 98.18  commissioner must convert three of the 
 98.19  combination hazardous materials 
 98.20  emergency response/chemical assessment 
 98.21  teams to stand-alone chemical 
 98.22  assessment teams.  The remaining 
 98.23  combination team must be based in St. 
 98.24  Paul.  The commissioner must also 
 98.25  establish one additional stand-alone 
 98.26  chemical assessment team.  The 
 98.27  commissioner must staff all stand-alone 
 98.28  chemical assessment teams in a manner 
 98.29  that ensures up to four people per team 
 98.30  are available for response. 
 98.31  [BOMB DISPOSAL UNITS.] $50,000 each 
 98.32  year is for training and equipment for 
 98.33  bomb disposal units. 
 98.34  $60,000 each year must be reallocated 
 98.35  within the base budget to reimburse 
 98.36  bomb disposal units under Minnesota 
 98.37  Statutes, section 299C.063. 
 98.38  Subd. 3.  Criminal Apprehension 
 98.39                Summary by Fund
 98.40  General              33,450,000   33,736,000
 98.41  Special Revenue         544,000      557,000
 98.42  State Government
 98.43  Special Revenue           7,000        7,000
 98.44  Trunk Highway           354,000      361,000
 98.45  [COOPERATIVE INVESTIGATION OF 
 98.46  CROSS-JURISDICTIONAL CRIMINAL 
 98.47  ACTIVITY.] $99,000 each year from the 
 98.48  bureau of criminal apprehension account 
 98.49  in the special revenue fund is for 
 98.50  grants to local officials for the 
 98.51  cooperative investigation of 
 98.52  cross-jurisdictional criminal 
 98.53  activity.  Any unencumbered balance 
 98.54  remaining in the first year does not 
 98.55  cancel but is available for the second 
 98.56  year. 
 98.57  [LABORATORY ACTIVITIES.] $445,000 in 
 98.58  the first year and $458,000 the second 
 98.59  year from the bureau of criminal 
 98.60  apprehension account in the special 
 99.1   revenue fund are for laboratory 
 99.2   activities. 
 99.3   [DWI LAB ANALYSIS; GENERAL FUND.] 
 99.4   $1,332,000 the first year and 
 99.5   $1,357,000 the second year from the 
 99.6   general fund are for laboratory 
 99.7   analysis related to driving while 
 99.8   impaired cases. 
 99.9   [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
 99.10  Notwithstanding Minnesota Statutes, 
 99.11  section 161.20, subdivision 3, $354,000 
 99.12  the first year and $361,000 the second 
 99.13  year from the trunk highway fund are 
 99.14  for laboratory analysis related to 
 99.15  driving while impaired cases. 
 99.16  [CRIMNET POLICY GROUPS; NEW POSITIONS.] 
 99.17  $750,000 each year is for new positions 
 99.18  to support the criminal and juvenile 
 99.19  justice information policy group in 
 99.20  fulfilling its responsibilities 
 99.21  relating to criminal justice 
 99.22  information system improvements. 
 99.23  [CRIMNET BACKBONE.] $2,000,000 each 
 99.24  year is for the planning, development, 
 99.25  and implementation of an integration 
 99.26  backbone consistent with the criminal 
 99.27  justice information architecture 
 99.28  (CriMNet). 
 99.29  [CRIMNET; LOCAL PLANNING AND 
 99.30  IMPLEMENTATION.] $1,500,000 the first 
 99.31  year and $1,500,000 the second year are 
 99.32  onetime appropriations for grants under 
 99.33  Minnesota Statutes, section 299C.65, 
 99.34  subdivisions 6 and 7, to plan and 
 99.35  implement for criminal justice 
 99.36  information integration and are 
 99.37  available until June 30, 2003. 
 99.38  Notwithstanding Minnesota Statutes, 
 99.39  section 16A.28, appropriations 
 99.40  encumbered under contract on or before 
 99.41  June 30 each year are available until 
 99.42  the following June 30. 
 99.43  [CRIMNET; FEDERAL FUNDS.] Any federal 
 99.44  funds received under the Crime 
 99.45  Identification Technology Act must be 
 99.46  distributed under the same criteria and 
 99.47  for the same purposes as grants under 
 99.48  Minnesota Statutes, section 299C.65, 
 99.49  subdivision 7, to implement criminal 
 99.50  justice information integration plans 
 99.51  for entities that have completed 
 99.52  integration plans under Minnesota 
 99.53  Statutes, section 299C.65, subdivision 
 99.54  6.  Within those criteria, the funds 
 99.55  must be distributed as recommended by 
 99.56  the criminal and juvenile justice 
 99.57  information policy group established 
 99.58  under Minnesota Statutes, section 
 99.59  299C.65, subdivision 1.  The 
 99.60  commissioner must attempt to acquire 
 99.61  additional federal funds under the 
 99.62  Crime Identification Technology Act and 
 99.63  any other similar federal funds for 
 99.64  these and related purposes. 
100.1   [CRIMNET; SUSPENSE FILE REDUCTIONS.] 
100.2   $1,000,000 each year is for the CriMNet 
100.3   project component to work on 
100.4   eliminating records currently in the 
100.5   criminal history suspense file and to 
100.6   assist local agencies in changing their 
100.7   business practices to prevent 
100.8   inaccurate and incomplete data from 
100.9   being submitted.  In utilizing this 
100.10  appropriation, the commissioner must 
100.11  have the goal of reducing the number of 
100.12  dispositions entering the suspense file 
100.13  from the current, approximately 50 
100.14  percent to 30 percent in the first 
100.15  year, 20 percent the second year, and 
100.16  ten percent in future years.  
100.17  Additionally, the commissioner must 
100.18  have the goal of reducing the existing 
100.19  suspense file by 50 percent the first 
100.20  year and 90 percent the second year.  
100.21  This appropriation must not be used for 
100.22  any other purpose. 
100.23  [CRIMNET; POLICY GROUP BUDGET 
100.24  APPROVAL.] Appropriations in this 
100.25  article related to the criminal and 
100.26  juvenile justice information policy 
100.27  group, the CriMNet integration 
100.28  backbone, criminal justice information 
100.29  integration plans, and the elimination 
100.30  or prevention of suspense file records 
100.31  are available only pursuant to a budget 
100.32  approved by the criminal and juvenile 
100.33  justice information policy group that 
100.34  is consistent with technology and 
100.35  project management analyses of the 
100.36  office of technology. Up to 20 percent 
100.37  of these appropriations may be released 
100.38  on July 1, 2001.  The remaining funds 
100.39  shall be released upon approval of the 
100.40  criminal and juvenile justice 
100.41  information policy group, under 
100.42  advisement from the office of 
100.43  technology.  The policy group shall 
100.44  approve the release of funding for each 
100.45  project to ensure (1) that the project 
100.46  is in compliance with the statewide 
100.47  criminal justice information system 
100.48  standards, (2) that each project 
100.49  remains feasible according to plans 
100.50  established pursuant to Minnesota 
100.51  Statutes, sections 16E.04, subdivision 
100.52  3, and 299C.65, subdivision 6 or 7, or 
100.53  that an updated plan has been approved 
100.54  by the policy group and the project is 
100.55  progressing according to the revised 
100.56  plan, (3) that the project is fully 
100.57  integrated with existing information 
100.58  and communications networks, and (4) 
100.59  that it complies with technology 
100.60  standards and protocols established by 
100.61  the office of technology for statewide 
100.62  connectivity and interoperability. 
100.63  [OVERTIME EXPENSES.] $150,000 the first 
100.64  year and $150,000 the second year are 
100.65  for overtime expenses. 
100.66  Subd. 4.  Fire Marshal 
100.67       3,280,000      3,363,000
101.1   Subd. 5.  Alcohol and Gambling Enforcement
101.2        1,822,000      1,864,000
101.3   Subd. 6.  Crime Victim Services Center
101.4       32,227,000     32,261,000
101.5   [UNENCUMBERED BALANCES.] Any 
101.6   unencumbered balances remaining in the 
101.7   first year do not cancel but are 
101.8   available for the second year. 
101.9   [PER DIEM FUNDING FOR SHELTERS.] 
101.10  $1,000,000 each year is a onetime 
101.11  appropriation for an increase in per 
101.12  diem funding for shelters under 
101.13  Minnesota Statutes, section 611A.32, 
101.14  and for safe homes.  Per diem funds 
101.15  under this section shall be available 
101.16  only for shelter and safe home programs 
101.17  designated by the center as of June 30, 
101.18  2001.  
101.19  [PROHIBITION ON USE OF FUNDING FOR NEW 
101.20  SHELTERS OR SAFE HOMES.] None of this 
101.21  appropriation shall be used to fund 
101.22  construction of new shelters or safe 
101.23  homes. 
101.24  [GRANTS FOR SUPPORT SERVICES FOR 
101.25  CERTAIN VICTIMS.] $75,000 each year is 
101.26  for grants to the city of St. Paul to 
101.27  provide support services to the 
101.28  surviving family members of homicide, 
101.29  suicide, and accidental death victims.  
101.30  If funds are available, the 
101.31  commissioner may expand the grants to 
101.32  other cities or counties.  Grant 
101.33  recipients must provide a 25 percent 
101.34  match.  The commissioner must report to 
101.35  the chairs and ranking minority members 
101.36  of the house and senate committees 
101.37  having jurisdiction over criminal 
101.38  justice funding and policy by January 
101.39  15, 2002, on the specific services 
101.40  provided under these grants, the 
101.41  outcomes achieved, and the number of 
101.42  persons served. 
101.43  Subd. 7.  Law Enforcement 
101.44  and Community Grants
101.45                Summary by Fund
101.46  General               6,942,000     6,136,000
101.47  Special Revenue       2,130,000     2,130,000
101.48  [UNENCUMBERED BALANCES.] Any 
101.49  unencumbered balances remaining in the 
101.50  first year do not cancel but are 
101.51  available for the second year. 
101.52  [ENCUMBERED BALANCES.] Notwithstanding 
101.53  Minnesota Statutes, section 16A.28, 
101.54  appropriations encumbered under 
101.55  contract on or before June 30 each year 
101.56  are available until the following June 
101.57  30. 
102.1   [SPECIAL REVENUE; RACIAL PROFILING.] 
102.2   The appropriation from the special 
102.3   revenue account must be spent according 
102.4   to article 7, section 14. 
102.5   [FUNDING TO COMBAT METHAMPHETAMINE 
102.6   TRAFFICKING AND PRODUCTION.] $471,000 
102.7   the first year is a onetime 
102.8   appropriation for grants under 
102.9   Minnesota Statutes, section 299C.065, 
102.10  subdivision 1, clause (1), including 
102.11  grants to the bureau of criminal 
102.12  apprehension for increased law 
102.13  enforcement costs relating to 
102.14  methamphetamine trafficking and 
102.15  production.  Grant recipients must be 
102.16  chosen by the office of drug policy and 
102.17  violence prevention after consulting 
102.18  with the narcotics enforcement 
102.19  coordinating committee.  Grants to drug 
102.20  task force agencies must be allocated 
102.21  in a balanced manner among rural, 
102.22  suburban, and urban agencies.  Grants 
102.23  may be awarded and used for the 
102.24  following items relating to clandestine 
102.25  methamphetamine labs: 
102.26  (1) increased general law enforcement 
102.27  costs; 
102.28  (2) training materials and public 
102.29  awareness publications; 
102.30  (3) peace officer training courses, 
102.31  certification, and equipment; and 
102.32  (4) reimbursements to law enforcement 
102.33  agencies for extraordinary or unusual 
102.34  overtime and investigative expenses. 
102.35  Grants must not be used for 
102.36  methamphetamine lab site cleanup or 
102.37  disposal of seized equipment or 
102.38  chemicals.  Additionally, grants must 
102.39  not supplant current local spending or 
102.40  other state or federal grants allocated 
102.41  by the commissioner for similar 
102.42  purposes. 
102.43  [GANG STRIKE FORCE GRANTS.] $750,000 
102.44  the first year and $750,000 the second 
102.45  year are onetime appropriations for 
102.46  criminal gang strike force grants under 
102.47  Minnesota Statutes, section 299A.66.  
102.48  The commissioner of public safety must 
102.49  provide direct administrative and 
102.50  fiscal oversight for all grants awarded 
102.51  under Minnesota Statutes, section 
102.52  299A.66. 
102.53  [USE OF BYRNE GRANTS.] The commissioner 
102.54  must consider using a portion of 
102.55  federal Byrne grant funds for grants to:
102.56  (1) the center for reducing rural 
102.57  violence; 
102.58  (2) organizations or agencies that 
102.59  provide gang prevention services, such 
102.60  as the boys and girls club, the youth 
102.61  experiencing alternatives (YEA) 
103.1   program, the police athletic league, 
103.2   agencies eligible for Asian-American 
103.3   juvenile crime intervention and 
103.4   prevention grants under Minnesota 
103.5   Statutes, section 299A.2994, 
103.6   subdivision 3, clause (2), or other 
103.7   similar organizations; and 
103.8   (3) continue funding the pilot project 
103.9   to provide neighborhood-based services 
103.10  to crime victims and witnesses funded 
103.11  in Laws 1999, chapter 216, article 1, 
103.12  section 8, subdivision 3, and described 
103.13  in Laws 1999, chapter 216, article 2, 
103.14  section 23. 
103.15  [JOINT DOMESTIC ABUSE PROSECUTION 
103.16  UNIT.] $197,000 the first year is a 
103.17  onetime appropriation for a grant to 
103.18  the Ramsey county attorney's office to 
103.19  continue funding the joint domestic 
103.20  abuse prosecution unit.  This 
103.21  appropriation is available until June 
103.22  30, 2003. 
103.23  The Ramsey county attorney's office and 
103.24  the St. Paul city attorney's office 
103.25  shall continue the joint domestic abuse 
103.26  prosecution unit pilot project 
103.27  established by the legislature under 
103.28  Laws 2000, chapters 471, section 3; and 
103.29  488, article 6, section 10.  The 
103.30  appropriation must be used to continue 
103.31  the pilot project beyond its first year 
103.32  of operation and allow a meaningful 
103.33  evaluation that will benefit other 
103.34  jurisdictions in Minnesota.  The unit 
103.35  has authority to prosecute 
103.36  misdemeanors, gross misdemeanors, and 
103.37  felonies.  The unit shall also 
103.38  coordinate efforts with child 
103.39  protection attorneys.  The unit may 
103.40  include four cross-deputized assistant 
103.41  city attorneys and assistant county 
103.42  attorneys and a police investigator.  A 
103.43  victim/witness advocate, a law clerk, a 
103.44  paralegal, and a secretary may provide 
103.45  support.  
103.46  The goals of this pilot project are to: 
103.47  (1) recognize children as both victims 
103.48  and witnesses in domestic abuse 
103.49  situations; 
103.50  (2) recognize and respect the interests 
103.51  of children in the prosecution of 
103.52  domestic abuse; and 
103.53  (3) reduce the exposure to domestic 
103.54  violence for both adult and child 
103.55  victims. 
103.56  By January 15, 2002, the Ramsey county 
103.57  attorney's office and the St. Paul city 
103.58  attorney's office shall report to the 
103.59  chairs and ranking minority members of 
103.60  the senate and house of representatives 
103.61  committees and divisions having 
103.62  jurisdiction over criminal justice 
103.63  policy and funding on the pilot 
104.1   project.  The report may include the 
104.2   number and types of cases referred, the 
104.3   number of cases charged, the outcome of 
104.4   cases, and other relevant outcome 
104.5   measures. 
104.6   [COPS, HEAT, AND FINANCIAL CRIMES 
104.7   INVESTIGATION UNIT GRANTS.] $300,000 
104.8   for the fiscal year ending June 30, 
104.9   2001, $250,000 the first year, and 
104.10  $250,000 the second year are onetime 
104.11  appropriations for grants under either 
104.12  Minnesota Statutes, section 299A.62 or 
104.13  299A.68.  Grants awarded from this 
104.14  appropriation under Minnesota Statutes, 
104.15  section 299A.62, are for overtime for 
104.16  peace officers.  Of the total grants 
104.17  awarded from this appropriation under 
104.18  Minnesota Statutes, section 299A.62, 50 
104.19  percent must go to the St. Paul and 
104.20  Minneapolis police departments and 50 
104.21  percent must go to other law 
104.22  enforcement agencies statewide.  Any 
104.23  amounts from this appropriation awarded 
104.24  to the St. Paul police department must 
104.25  be used to increase the current degree 
104.26  of implementation of the HEAT law 
104.27  enforcement strategy.  The HEAT law 
104.28  enforcement strategy must be a 
104.29  community-driven strategic initiative 
104.30  that is used to target criminal conduct 
104.31  in specific areas of St. Paul with 
104.32  higher crime rates than the city 
104.33  average.  It must target offenders 
104.34  based upon their criminal behavior and 
104.35  not other factors and be planned and 
104.36  implemented taking into consideration 
104.37  the wishes of the targeted communities. 
104.38  Grants awarded under Minnesota 
104.39  Statutes, section 299A.68, may be used 
104.40  to cover costs for salaries, equipment, 
104.41  office space, and other necessary 
104.42  services or expenses of a financial 
104.43  crimes investigation task force.  The 
104.44  commissioner must distribute the grants 
104.45  in a manner designed to be equitable to 
104.46  the grantees given their contributions 
104.47  to the investigation task force and to 
104.48  encourage their continued participation.
104.49  Participating local units of government 
104.50  must provide a 25 percent match from 
104.51  nonstate funds or in-kind contributions 
104.52  either directly from their budgets or 
104.53  from businesses directly donating 
104.54  support in order for the financial 
104.55  crimes investigation task force to 
104.56  obtain any grant funding under 
104.57  Minnesota Statutes, section 299A.68.  
104.58  This appropriation is available until 
104.59  June 30, 2003. 
104.60  [MODEL POLICING PROGRAM; MENTAL ILLNESS 
104.61  CALLS.] $150,000 the first year is a 
104.62  onetime appropriation for developing 
104.63  and implementing up to four model 
104.64  policing program pilot projects 
104.65  required under Minnesota Statutes, 
104.66  section 626.8441, subdivision 1, and to 
104.67  produce required reports.  
104.68  [AUTOMOBILE THEFT PREVENTION GRANTS.] 
105.1   The commissioner may make grants under 
105.2   Minnesota Statutes 2000, section 
105.3   299A.75, to past grantees during the 
105.4   time period before which the changes 
105.5   made to that section in article 5, 
105.6   sections 6 to 8, become operational. 
105.7   [ADMINISTRATION COSTS.] Up to 2.5 
105.8   percent of the grant funds appropriated 
105.9   in this subdivision may be used to 
105.10  administer the grant programs. 
105.11  Sec. 11.  BOARD OF PEACE OFFICER 
105.12  STANDARDS AND TRAINING                 4,692,000      4,724,000
105.13  [PEACE OFFICER TRAINING ACCOUNT.] This 
105.14  appropriation is from the peace officer 
105.15  training account in the special revenue 
105.16  fund.  Any receipts credited to the 
105.17  peace officer training account in the 
105.18  special revenue fund in the first year 
105.19  in excess of $4,692,000 must be 
105.20  transferred and credited to the general 
105.21  fund.  Any receipts credited to the 
105.22  peace officer training account in the 
105.23  special revenue fund in the second year 
105.24  in excess of $4,724,000 must be 
105.25  transferred and credited to the general 
105.26  fund. 
105.27  Sec. 12.  BOARD OF PRIVATE  
105.28  DETECTIVE AND PROTECTIVE AGENT 
105.29  SERVICES                                 144,000        148,000 
105.30  Sec. 13.  CORRECTIONS                   750,000        750,000
105.31  [CRIMNET AND RELATED FUNDING.] $750,000 
105.32  each year is for: 
105.33  (1) detention grants for the statewide 
105.34  supervision system; 
105.35  (2) out-of-home placement system 
105.36  development; 
105.37  (3) electronic probation file 
105.38  transfers; and 
105.39  (4) maintaining and conforming the 
105.40  department's systems to the CriMNet 
105.41  standards and backbone, including the 
105.42  corrections operational management 
105.43  system (COMS), statewide supervision 
105.44  system (SSS), detention information 
105.45  system (DIS), court services tracking 
105.46  system (CSTS), and the sentencing 
105.47  guidelines worksheet system. 
105.48  This money may not be used by the 
105.49  commissioner for any other purpose. 
105.50  This appropriation is available only 
105.51  pursuant to a budget approved by the 
105.52  criminal and juvenile justice 
105.53  information policy group that is 
105.54  consistent with technology and project 
105.55  management analyses of the office of 
105.56  technology. 
105.57  Up to 20 percent of this appropriation 
105.58  may be released on July 1, 2001.  The 
106.1   remaining funds shall be released upon 
106.2   approval of the criminal and juvenile 
106.3   justice information policy group, under 
106.4   advisement from the office of 
106.5   technology.  The policy group shall 
106.6   approve the release of funding for each 
106.7   project to ensure (1) that the project 
106.8   is in compliance with the statewide 
106.9   criminal justice information system 
106.10  standards, (2) that each project 
106.11  remains feasible according to plans 
106.12  established pursuant to Minnesota 
106.13  Statutes, sections 16E.04, subdivision 
106.14  3, and 299C.65, subdivision 6 or 7, or 
106.15  that an updated plan has been approved 
106.16  by the policy group and the project is 
106.17  progressing according to the revised 
106.18  plan, (3) that the project is fully 
106.19  integrated with existing information 
106.20  and communications networks, and (4) 
106.21  that it complies with technology 
106.22  standards and protocols established by 
106.23  the office of technology for statewide 
106.24  connectivity and interoperability. 
106.25  Sec. 14.  DEFICIENCY APPROPRIATIONS
106.26  Subdivision 1.  Emergency Management Deficiency
106.27                    Fiscal Year 2001
106.28  General               8,600,000
106.29  [FEMA MATCHING FUNDS.] This 
106.30  appropriation for fiscal year 2001 is 
106.31  added to the appropriation in Laws 
106.32  1999, chapter 216, article 1, section 
106.33  7, subdivision 2, to provide matching 
106.34  funds for FEMA funds received for 
106.35  natural disaster assistance payments.  
106.36  This appropriation is available the day 
106.37  following final enactment and is 
106.38  available until June 30, 2003. 
106.39  Subd. 2.  Tax Court Deficiency    
106.40                    Fiscal Year 2001
106.41  General                14,000
106.42  [UNANTICIPATED SEVERANCE COSTS.] This 
106.43  appropriation for fiscal year 2001 is 
106.44  added to the appropriation in Laws 
106.45  1999, chapter 216, article 1, section 
106.46  6, for unanticipated severance costs.  
106.47  This appropriation is available the day 
106.48  following final enactment. 
106.49  Sec. 15. SUNSET OF
106.50  UNCODIFIED LANGUAGE
106.51  All uncodified language contained in 
106.52  this article expires on June 30, 2003, 
106.53  unless a different expiration date is 
106.54  explicit. 
106.55     Sec. 16.  [EFFECTIVE DATE.] 
106.56     This article is effective July 1, 2001, unless otherwise 
106.57  noted. 
107.1                              ARTICLE 5 
107.2            PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS 
107.3      Section 1.  Minnesota Statutes 2000, section 2.722, 
107.4   subdivision 1, is amended to read: 
107.5      Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
107.6   state is divided into ten judicial districts composed of the 
107.7   following named counties, respectively, in each of which 
107.8   districts judges shall be chosen as hereinafter specified: 
107.9      1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
107.10  Sibley; 32 33 judges; and four permanent chambers shall be 
107.11  maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
107.12  other shall be maintained at the place designated by the chief 
107.13  judge of the district; 
107.14     2.  Ramsey; 26 judges; 
107.15     3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
107.16  Waseca, Freeborn, Mower, and Fillmore; 22 23 judges; and 
107.17  permanent chambers shall be maintained in Faribault, Albert Lea, 
107.18  Austin, Rochester, and Winona; 
107.19     4.  Hennepin; 60 judges; 
107.20     5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
107.21  Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
107.22  Martin, and Jackson; 16 judges; and permanent chambers shall be 
107.23  maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
107.24     6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
107.25     7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
107.26  Stearns, Todd, Clay, Becker, and Wadena; 24 25 judges; and 
107.27  permanent chambers shall be maintained in Moorhead, Fergus 
107.28  Falls, Little Falls, and St. Cloud; 
107.29     8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
107.30  Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
107.31  Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
107.32  maintained in Morris, Montevideo, and Willmar; 
107.33     9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
107.34  Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
107.35  Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
107.36  22 judges; and permanent chambers shall be maintained in 
108.1   Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
108.2   and International Falls; and 
108.3      10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
108.4   Chisago, and Washington; 39 41 judges; and permanent chambers 
108.5   shall be maintained in Anoka, Stillwater, and other places 
108.6   designated by the chief judge of the district. 
108.7      Sec. 2.  Minnesota Statutes 2000, section 2.724, 
108.8   subdivision 3, is amended to read: 
108.9      Subd. 3.  [RETIRED JUSTICES AND JUDGES.] (a) The chief 
108.10  justice of the supreme court may assign a retired justice of the 
108.11  supreme court to act as a justice of the supreme court pursuant 
108.12  to subdivision 2 or as a judge of any other court.  The chief 
108.13  justice may assign a retired judge of any court to act as a 
108.14  judge of any court except the supreme court.  A judge acting 
108.15  pursuant to this paragraph shall receive pay and expenses in the 
108.16  amount and manner provided by law for judges serving on the 
108.17  court to which the retired judge is assigned, less the amount of 
108.18  retirement pay which the judge is receiving The chief justice of 
108.19  the supreme court shall determine the pay and expenses to be 
108.20  received by a judge acting pursuant to this paragraph. 
108.21     (b) A judge who has been elected to office and who has 
108.22  retired as a judge in good standing and is not practicing law 
108.23  may also be appointed to serve as judge of any court except the 
108.24  supreme court.  A retired judge acting under this paragraph will 
108.25  receive pay and expenses in the amount established by the 
108.26  supreme court. 
108.27     Sec. 3.  Minnesota Statutes 2000, section 13.87, is amended 
108.28  by adding a subdivision to read: 
108.29     Subd. 3.  [INTERNET ACCESS.] (a) Notwithstanding section 
108.30  13.03, subdivision 3, paragraph (a), the bureau of criminal 
108.31  apprehension may charge a fee for Internet access to public 
108.32  criminal history data provided through August 1, 2003.  The fee 
108.33  may not exceed $5 per inquiry or the amount needed to recoup the 
108.34  actual cost of implementing and providing Internet access, 
108.35  whichever is less.  
108.36     (b) The Web site must include a notice to the subject of 
109.1   data of the right to contest the accuracy or completeness of 
109.2   data, as provided under section 13.04, subdivision 4, and 
109.3   provide a telephone number and address that the subject may 
109.4   contact for further information on this process.  
109.5      (c) The Web site must include the effective date of data 
109.6   that is posted.  
109.7      (d) The Web site must include a description of the types of 
109.8   criminal history data not available on the site, including 
109.9   arrest data, juvenile data, criminal history data from other 
109.10  states, federal data, data on convictions where 15 years have 
109.11  elapsed since discharge of the sentence, and other data that are 
109.12  not accessible to the public. 
109.13     (e) A person who intends to access the Web site to obtain 
109.14  information regarding an applicant for employment, housing, or 
109.15  credit should disclose to the applicant the intention to do so.  
109.16  The Web site must include a notice that a person obtaining such 
109.17  access should notify the applicant that a background check using 
109.18  this Web site may be conducted.  This paragraph does not create 
109.19  a civil cause of action on behalf of the data subject. 
109.20     Sec. 4.  Minnesota Statutes 2000, section 299A.64, 
109.21  subdivision 1, is amended to read: 
109.22     Subdivision 1.  [MEMBERSHIP OF COUNCIL.] The criminal gang 
109.23  oversight council consists of the following individuals or their 
109.24  designees:  the commissioner of public safety; the commissioner 
109.25  of corrections; the superintendent of the bureau of criminal 
109.26  apprehension; the attorney general; the chief law enforcement 
109.27  officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a 
109.28  chief of police selected by the president of the Minnesota 
109.29  chiefs of police association; two sheriffs, one from a county in 
109.30  the seven-county metropolitan area other than Hennepin or Ramsey 
109.31  county and the other from a county outside the metropolitan 
109.32  area, both selected by the president of the Minnesota sheriffs 
109.33  association; the executive director of the Minnesota police and 
109.34  peace officers association; and the Hennepin, Ramsey, St. Louis, 
109.35  and Olmsted county sheriffs.  The council may select a chair 
109.36  from among its members. 
110.1      Sec. 5.  [299A.68] [FINANCIAL CRIMES INVESTIGATION TASK 
110.2   FORCE ESTABLISHED.] 
110.3      Subdivision 1.  [INVESTIGATION TASK FORCE ESTABLISHED.] A 
110.4   group of two or more local governmental units may enter into an 
110.5   agreement to establish a major financial crimes investigation 
110.6   task force. 
110.7      Subd. 2.  [INVESTIGATION TASK FORCE'S DUTIES.] The 
110.8   investigation task force shall investigate consumer identity 
110.9   theft cases and reported financial crimes from individuals and 
110.10  businesses who are victims of such crimes.  The investigation 
110.11  task force shall focus on financial crimes including, but not 
110.12  limited to, statewide crimes such as:  theft, fraud, and forgery 
110.13  crimes, including identity theft, check forgery, fraud in 
110.14  obtaining credit, financial transaction card fraud, theft from 
110.15  merchants, possession or sale of stolen or counterfeit checks, 
110.16  issuance of dishonored checks, creation or use of counterfeit 
110.17  state identification, obtaining counterfeit state 
110.18  identification, fraudulent Internet transactions, fraudulent 
110.19  merchandise returns, and other related financial crimes.  In 
110.20  particular, the investigation task force shall investigate 
110.21  individuals, based on their criminal activity, who: 
110.22     (1) commit multiple cross-jurisdictional financial crimes; 
110.23     (2) employ computers and other sophisticated technology to 
110.24  counterfeit documents or commit fraud; or 
110.25     (3) illegally obtain consumer information for identity 
110.26  theft. 
110.27     Subd. 3.  [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 
110.28  The local governmental units that agree to form and participate 
110.29  in a single centralized financial crimes investigation task 
110.30  force shall oversee the investigation task force's operation by 
110.31  establishing procedures and guidelines in their agreement.  The 
110.32  agreement must be addressed in a memorandum of understanding and 
110.33  signed by the person in charge of each participating local unit 
110.34  of government.  The memorandum of understanding shall address 
110.35  the following: 
110.36     (1) the command structure of the investigation task force; 
111.1      (2) acquisition and liquidation of equipment, office space, 
111.2   and transportation; 
111.3      (3) procedures for contracting for necessary administrative 
111.4   support; 
111.5      (4) selection and assignment of members; 
111.6      (5) transfer of investigation task force members; 
111.7      (6) resolution of disputes between participating local 
111.8   governmental units; 
111.9      (7) requirements and procedures for all workers' 
111.10  compensation and other liability to remain the responsibility of 
111.11  each member's employing agency; and 
111.12     (8) all other issues deemed pertinent by the participating 
111.13  local governmental units. 
111.14     Subd. 4.  [COMMANDER.] The participating local governmental 
111.15  units shall select a commander to direct the investigation task 
111.16  force.  The commander shall make tactical decisions regarding 
111.17  the commencement, continuation, and conclusion of investigations 
111.18  of crimes within the investigation task force's jurisdiction.  
111.19  The commander shall also report annually to the bureau of 
111.20  criminal apprehension as required in subdivision 10. 
111.21     Subd. 5.  [MEMBERS.] The investigation task force may 
111.22  include law enforcement officers, prosecutors, federal law 
111.23  enforcement officers, and investigators from local governmental 
111.24  units who are selected by their supervisors to participate in 
111.25  the investigation task force.  All law enforcement officers 
111.26  selected to join the investigation task force must be licensed 
111.27  peace officers under section 626.84, subdivision 1, or qualified 
111.28  federal law enforcement officers as defined in section 
111.29  626.8453.  Members shall remain employees of the same entity 
111.30  that employed them before joining the investigation task force.  
111.31  Compensation, personnel evaluations, grievances, merit 
111.32  increases, and liability insurance coverage, such as general, 
111.33  personal, vehicle, and professional liability insurance, shall 
111.34  be covered by each member's employing agency.  Members of the 
111.35  financial crimes task force are not employees of the state. 
111.36     Subd. 6.  [JURISDICTION.] Law enforcement officers who are 
112.1   members of the investigation task force shall have statewide 
112.2   jurisdiction to conduct criminal investigations into financial 
112.3   crimes as described in subdivision 2 and possess the same powers 
112.4   of arrest as those possessed by a sheriff. 
112.5      Officers assigned to the financial crimes task force shall 
112.6   follow their county arrest procedures, booking processes, 
112.7   reporting processes, county attorney charging requirements, and 
112.8   appropriate notification protocols to local and county sheriff 
112.9   agencies where arrests are made and search warrants executed.  
112.10  The commander of the task force is responsible for ensuring 
112.11  compliance with applicable local practices and procedures. 
112.12     Subd. 7.  [COLLABORATION WITH OTHER PROSECUTORS AND LAW 
112.13  ENFORCEMENT OFFICERS.] To the greatest degree possible, the 
112.14  investigation task force shall cooperate and collaborate with 
112.15  existing prosecutorial offices and law enforcement agencies. 
112.16     Subd. 8.  [PROSECUTOR.] A participating local governmental 
112.17  unit may seek a grant for reimbursement for the time and 
112.18  resources that a prosecutor and the prosecutor's staff dedicate 
112.19  to the investigation task force.  In order to receive a grant 
112.20  under this subdivision, a participating local governmental unit 
112.21  must provide a 25 percent match in nonstate funds or in-kind 
112.22  contributions either directly from its budget or from businesses 
112.23  directly donating support.  A participating prosecutor shall 
112.24  remain an employee of the contributing county. 
112.25     Subd. 9.  [FORFEITURE.] Property seized by the 
112.26  investigation task force is subject to forfeiture pursuant to 
112.27  sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 
112.28  cannot be established.  The investigation task force shall 
112.29  receive the proceeds from the sale of all property that it 
112.30  properly seizes and that is forfeited. 
112.31     Subd. 10.  [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 
112.32  the commander of the investigation task force shall report 
112.33  annually to the commissioner on the activities of the 
112.34  investigation task force and the use of grants awarded under 
112.35  article 1, section 10, subdivision 7, paragraph (d). 
112.36     (b) By March 1, 2003, the commissioner of public safety 
113.1   shall report to the chairs and ranking minority members of the 
113.2   house of representatives and senate committees and divisions 
113.3   having jurisdiction over criminal justice policy and funding on 
113.4   the activities of the investigation task force and the use of 
113.5   grants awarded under article 1, section 10, subdivision 7, 
113.6   paragraph (d). 
113.7      Subd. 11.  [EXPIRATION.] This section expires on June 30, 
113.8   2003. 
113.9      Sec. 6.  Minnesota Statutes 2000, section 299A.75, 
113.10  subdivision 1, is amended to read: 
113.11     Subdivision 1.  [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.] 
113.12  (a) The commissioner of public safety shall: 
113.13     (1) develop and sponsor the implementation of statewide 
113.14  plans, programs, and strategies to combat automobile theft, 
113.15  improve the administration of the automobile theft laws, and 
113.16  provide a forum for identification of critical problems for 
113.17  those persons dealing with automobile theft; 
113.18     (2) coordinate the development, adoption, and 
113.19  implementation of plans, programs, and strategies relating to 
113.20  interagency and intergovernmental cooperation with respect to 
113.21  automobile theft enforcement; 
113.22     (3) annually audit the plans and programs that have been 
113.23  funded in whole or in part to evaluate the effectiveness of the 
113.24  plans and programs and withdraw funding should the commissioner 
113.25  determine that a plan or program is ineffective or is no longer 
113.26  in need of further financial support from the fund; 
113.27     (4) develop a plan of operation including an assessment of 
113.28  the scope of the problem of automobile theft, including areas of 
113.29  the state where the problem is greatest; an analysis of various 
113.30  methods of combating the problem of automobile theft; a plan for 
113.31  providing financial support to combat automobile theft; a plan 
113.32  for eliminating car hijacking; and an estimate of the funds 
113.33  required to implement the plan; and 
113.34     (5) distribute money pursuant to subdivision 3 from the 
113.35  automobile theft prevention special revenue account for 
113.36  automobile theft prevention activities, including: 
114.1      (i) paying the administrative costs of the program; 
114.2      (ii) providing financial support to the state patrol and 
114.3   local law enforcement agencies for automobile theft enforcement 
114.4   teams; 
114.5      (iii) providing financial support to state or local law 
114.6   enforcement agencies for programs designed to reduce the 
114.7   incidence of automobile theft and for improved equipment and 
114.8   techniques for responding to automobile thefts; 
114.9      (iv) providing financial support to local prosecutors for 
114.10  programs designed to reduce the incidence of automobile theft; 
114.11     (v) providing financial support to judicial agencies for 
114.12  programs designed to reduce the incidence of automobile theft; 
114.13     (vi) providing financial support for neighborhood or 
114.14  community organizations or business organizations for programs 
114.15  designed to reduce the incidence of automobile theft, and to 
114.16  educate people about the common methods of auto theft, the 
114.17  models of automobiles most likely to be stolen, and the times 
114.18  and places automobile theft is most likely to occur; and 
114.19     (vii) providing financial support for automobile theft 
114.20  educational and training programs for state and local law 
114.21  enforcement officials, driver and vehicle services exam and 
114.22  inspections staff, and members of the judiciary; and 
114.23     (viii) conducting educational programs designed to inform 
114.24  automobile owners of methods of preventing automobile theft and 
114.25  to provide equipment, for experimental purposes, to enable 
114.26  automobile owners to prevent automobile theft. 
114.27     (b) The commissioner may not spend in any fiscal year more 
114.28  than ten percent of the money in the fund for the program's 
114.29  administrative and operating costs.  The commissioner must 
114.30  distribute the full amount of the proceeds credited to the 
114.31  automobile theft prevention special revenue account each year. 
114.32     Sec. 7.  Minnesota Statutes 2000, section 299A.75, is 
114.33  amended by adding a subdivision to read: 
114.34     Subd. 3.  [CRITERIA; APPLICATION.] (a) A county attorney's 
114.35  office, law enforcement agency, neighborhood organization, 
114.36  community organization, or business organization may apply for a 
115.1   grant under this section.  Multiple offices or agencies within a 
115.2   county may apply for a grant under this section. 
115.3      (b) The commissioner must develop criteria for the fair 
115.4   distribution of grants from the automobile theft prevention 
115.5   account that address the following factors: 
115.6      (1) the number of reported automobile thefts per capita in 
115.7   a city, county, or region, not merely the total number of 
115.8   automobile thefts; 
115.9      (2) the population of the jurisdiction of the applicant 
115.10  office or agency; 
115.11     (3) the total funds distributed within a county or region; 
115.12  and 
115.13     (4) the statewide interest in automobile theft reduction. 
115.14     (c) The commissioner may give priority to: 
115.15     (1) offices and agencies engaged in a collaborative effort 
115.16  to reduce automobile theft; and 
115.17     (2) counties or regions with the greatest rates of 
115.18  automobile theft. 
115.19     (d) The minimum amount of a grant award is $5,000.  After 
115.20  considering the automobile theft rate and total population of an 
115.21  applicant's jurisdiction, if a grant award, as determined under 
115.22  the criteria and priorities in this subdivision, would be less 
115.23  than $5,000, it must not be awarded. 
115.24     Sec. 8.  Minnesota Statutes 2000, section 299A.75, is 
115.25  amended by adding a subdivision to read: 
115.26     Subd. 4.  [ADVISORY BOARD; CREATION; MEMBERSHIP.] An 
115.27  automobile theft prevention advisory board is established to 
115.28  advise the commissioner on the distribution of grants under this 
115.29  section.  The board must consist of seven members appointed by 
115.30  the commissioner and must include representatives of law 
115.31  enforcement, prosecuting agencies, automobile insurers, and the 
115.32  public.  The commissioner must annually select a chair from 
115.33  among its members.  
115.34     Sec. 9.  Minnesota Statutes 2000, section 299F.058, 
115.35  subdivision 2, is amended to read: 
115.36     Subd. 2.  [MEMBERSHIP.] (a) The arson strike force consists 
116.1   of representatives from the following agencies and organizations:
116.2      (1) the division of fire marshal; 
116.3      (2) the bureau of criminal apprehension; 
116.4      (3) the office of attorney general; 
116.5      (4) the Minnesota county attorneys association; 
116.6      (5) the Bureau of Alcohol, Tobacco, and Firearms of the 
116.7   United States Treasury Department; 
116.8      (6) the Minneapolis police and fire arson unit; 
116.9      (7) the St. Paul police and fire arson unit; 
116.10     (8) licensed private detectives selected by the state fire 
116.11  marshal or the attorney general or their designees; and 
116.12     (9) any other arson experts the arson strike force deems 
116.13  appropriate to include. 
116.14     (b) The arson strike force, as necessary, may consult and 
116.15  work with representatives of property insurance agencies and 
116.16  organizations and any other private organizations that have 
116.17  expertise in arson investigations and prosecutions. 
116.18     (c) Representatives from the attorney general's office and 
116.19  the county attorneys association who are members of the arson 
116.20  strike force may assist in administering the strike force. 
116.21     (d) The strike force expires June 30, 2001 2003. 
116.22     Sec. 10.  Minnesota Statutes 2000, section 480.182, is 
116.23  amended to read: 
116.24     480.182 [STATE ASSUMPTION OF CERTAIN COURT COSTS.] 
116.25     (a) Notwithstanding any law to the contrary, the state 
116.26  courts will pay for the following court-related programs and 
116.27  costs: 
116.28     (1) court interpreter program costs, including the costs of 
116.29  hiring court interpreters; 
116.30     (2) guardian ad litem program and personnel costs; 
116.31     (3) examination costs, not including hospitalization or 
116.32  treatment costs, for mental commitments and related proceedings 
116.33  under chapter 253B; 
116.34     (4) examination costs under rule 20 of the Rules of 
116.35  Criminal Procedure; 
116.36     (5) in forma pauperis costs; 
117.1      (6) costs for transcripts mandated by statute, except in 
117.2   appeal cases and postconviction cases handled by the board of 
117.3   public defense; and 
117.4      (7) jury program costs, not including personnel. 
117.5      (b) In counties in a judicial district under section 
117.6   480.181, subdivision 1, paragraph (b), the state courts shall 
117.7   pay the witness fees and mileage fees specified in sections 
117.8   253B.23, subdivision 1; 260B.152, subdivision 2; 260C.152, 
117.9   subdivision 2; 260B.331, subdivision 3, clause (a); 260C.331, 
117.10  subdivision 3, clause (a); 357.24; 357.32; 525.012, subdivision 
117.11  5; and 627.02. 
117.12     Sec. 11.  Minnesota Statutes 2000, section 611.272, is 
117.13  amended to read: 
117.14     611.272 [ACCESS TO GOVERNMENT DATA.] 
117.15     The district public defender, the state public defender, or 
117.16  an attorney working for a public defense corporation under 
117.17  section 611.216 has access to the criminal justice data 
117.18  communications network described in section 299C.46, as provided 
117.19  in this section.  Access to data under this section is limited 
117.20  to data regarding the public defender's own client as necessary 
117.21  to prepare criminal cases in which the public defender has been 
117.22  appointed, including, but not limited to, criminal history data 
117.23  under section 13.87; juvenile offender data under section 
117.24  299C.095; warrant information data under section 299C.115; 
117.25  incarceration data under section 299C.14; conditional release 
117.26  data under section 299C.147; and diversion program data under 
117.27  section 299C.46, subdivision 5.  The public defender does not 
117.28  have access to law enforcement active investigative data under 
117.29  section 13.82, subdivision 7; data protected under section 
117.30  13.82, subdivision 17; or confidential arrest warrant indices 
117.31  data under section 13.82, subdivision 19.  The public defender 
117.32  has access to the data at no charge, except for the monthly 
117.33  network access charge under section 299C.46, subdivision 3, 
117.34  paragraph (b), and a reasonable installation charge for a 
117.35  terminal.  Notwithstanding section 13.87, subdivision 3, there 
117.36  shall be no charge to public defenders for Internet access to 
118.1   public criminal history data. 
118.2      Sec. 12.  Minnesota Statutes 2000, section 611A.25, 
118.3   subdivision 3, is amended to read: 
118.4      Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
118.5   governs the filling of vacancies and removal of members of the 
118.6   sexual assault advisory council.  The terms of the members of 
118.7   the advisory council shall be two years.  No member may serve on 
118.8   the advisory council for more than two consecutive terms.  The 
118.9   council expires on June 30, 2001 2003.  Council members shall 
118.10  receive expense reimbursement as specified in section 15.059.  
118.11     Sec. 13.  Minnesota Statutes 2000, section 611A.361, 
118.12  subdivision 3, is amended to read: 
118.13     Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
118.14  governs the filling of vacancies and removal of members of the 
118.15  general crime victims advisory council.  The terms of the 
118.16  members of the advisory council shall be two years.  No member 
118.17  may serve on the advisory council for more than two consecutive 
118.18  terms.  The council expires on June 30, 2001 2003.  Council 
118.19  members shall receive expense reimbursement as specified in 
118.20  section 15.059. 
118.21     Sec. 14.  Minnesota Statutes 2000, section 611A.74, 
118.22  subdivision 1, is amended to read: 
118.23     Subdivision 1.  [CREATION.] The office of crime victim 
118.24  ombudsman for Minnesota is created.  The ombudsman shall be 
118.25  appointed by the governor, shall serve in the unclassified 
118.26  service at the pleasure of the governor, and shall be selected 
118.27  without regard to political affiliation.  No person may serve as 
118.28  ombudsman while holding any other public office.  The ombudsman 
118.29  is directly accountable to the governor and must periodically 
118.30  report to the commissioner of public safety on the operations 
118.31  and activities of the office.  The ombudsman shall have the 
118.32  authority to investigate decisions, acts, and other matters of 
118.33  the criminal justice system so as to promote the highest 
118.34  attainable standards of competence, efficiency, and justice for 
118.35  crime victims in the criminal justice system. 
118.36     Sec. 15.  [626.8441] [RESPONDING TO CALLS INVOLVING 
119.1   EMOTIONAL CRISES AND MENTAL ILLNESS; MODEL PROGRAM PILOT 
119.2   PROJECTS.] 
119.3      Subdivision 1.  [MODEL POLICING PROGRAM.] The commissioner 
119.4   of public safety, in consultation with the community mental 
119.5   health peace officer advisory board named under subdivision 2, 
119.6   may award grants to (1) develop models of community policing 
119.7   that are responsive to the unique needs of the law enforcement 
119.8   and mental health systems in Minnesota, and (2) promote these 
119.9   models throughout the state.  Grants may be awarded to either 
119.10  existing or new projects.  The commissioner may approve the 
119.11  implementation of community policing pilot projects in 
119.12  metropolitan and rural areas.  In order to receive funding, a 
119.13  pilot project must focus on the following: 
119.14     (1) responding in a knowledgeable and sensitive way to 
119.15  persons exhibiting symptoms of mental illness, to persons having 
119.16  drug-related reactions, and to others who may be in an emotional 
119.17  or mental crisis; 
119.18     (2) significantly reducing the risk of harm to the 
119.19  individuals who are the subjects of such calls, to the officers 
119.20  responding to the calls, and to the general public; 
119.21     (3) identifying and implementing a continuum of 
119.22  intervention strategies that will prevent escalation, produce 
119.23  de-escalation, and minimize the use of force; and 
119.24     (4) creating partnerships with community resources that 
119.25  result in positive resolution, reduction, and prevention of 
119.26  potentially harmful incidents. 
119.27     Subd. 2.  [COMMUNITY MENTAL HEALTH PEACE OFFICER ADVISORY 
119.28  BOARD.] A community mental health peace officer advisory board 
119.29  must be appointed by the commissioner of public safety and must 
119.30  consist of the following members: 
119.31     (1) two licensed peace officers; 
119.32     (2) two representatives from the association of chiefs of 
119.33  police; 
119.34     (3) two representatives from the Minnesota state sheriff's 
119.35  association; 
119.36     (4) a representative from the mental health consumer 
120.1   survivor network; 
120.2      (5) a representative from the mental health association of 
120.3   Minnesota; 
120.4      (6) a representative from the alliance for the mentally 
120.5   ill; 
120.6      (7) a representative from a county social services agency 
120.7   or human services board as defined in section 256E.03; 
120.8      (8) a community mental health provider; 
120.9      (9) a mental health professional; 
120.10     (10) a law enforcement educator with experience training 
120.11  peace officers to respond to mental illness calls; and 
120.12     (11) other members deemed appropriate by the commissioner. 
120.13     In making appointments to the board, the commissioner must 
120.14  take into consideration metropolitan and rural interests.  The 
120.15  board must advise the commissioner on the model policing 
120.16  programs and on related areas of concern to persons with mental 
120.17  illnesses, peace officers, and the public.  No per diem may be 
120.18  paid to members of the board.  The board expires June 30, 2003. 
120.19     Sec. 16.  Laws 1996, chapter 408, article 2, section 16, is 
120.20  amended to read: 
120.21     Sec. 16.  [REPEALER.] 
120.22     (a) Minnesota Statutes 1994, section 299A.60, is repealed.  
120.23     (b) Section 1 is repealed January 1, 2002. 
120.24     Sec. 17.  [REPORT; MENTAL ILLNESS CALLS; PILOT PROJECTS.] 
120.25     The development, implementation, and outcomes of the pilot 
120.26  projects authorized under Minnesota Statutes, section 626.8441, 
120.27  subdivision 1, must be evaluated by the commissioner of public 
120.28  safety and a written preliminary report must be submitted to the 
120.29  chairs of the house of representatives and senate committees 
120.30  having jurisdiction over crime prevention and judiciary finance 
120.31  issues by January 1, 2002.  A final report must be submitted by 
120.32  January 1, 2003. 
120.33     Sec. 18.  [DEVELOPMENT OF AND GRANTS FOR ALTERNATIVE 
120.34  DISPUTE RESOLUTION PROGRAMS.] 
120.35     Subdivision 1.  [DEVELOPMENT; OPERATION; PURPOSE.] The 
120.36  third and fifth judicial districts must develop, or continue the 
121.1   operation of, alternative dispute resolution programs to provide 
121.2   services in conciliation court cases and unlawful detainer 
121.3   proceedings.  The purposes of the programs are to provide 
121.4   increased efficiency of court proceedings, reduce court costs, 
121.5   allow judges to provide added attention to cases on the regular 
121.6   docket, improve the quality of justice, and improve collection 
121.7   of judgments.  Volunteer community mediators must be trained to 
121.8   conduct the mediations. 
121.9      Subd. 2.  [CONTRACTS; GRANTS.] The third and fifth judicial 
121.10  districts may contract with or provide grants to a person or 
121.11  organization to develop and operate alternative dispute 
121.12  resolution programs under this section.  Grants or contract 
121.13  awards can be in amounts up to $40,000.  A person or 
121.14  organization that develops or operates a program under this 
121.15  section must provide matching funds from nonstate sources equal 
121.16  to at least 50 percent of the grant or contract award. 
121.17     Subd. 3.  [ELIGIBILITY.] An alternative dispute resolution 
121.18  program developed or operated under this section must meet the 
121.19  requirements for dispute resolution programs under Minnesota 
121.20  Statutes, chapter 494. 
121.21     Subd. 4.  [REPORTING.] By January 1, 2003, the district 
121.22  court administrators from the third and fifth judicial districts 
121.23  must jointly report to the legislature on the results of the 
121.24  alternative dispute resolution programs developed or operated 
121.25  under this section. 
121.26     Sec. 19.  [CHILD SUPPORT PILOT PROJECT; NINTH JUDICIAL 
121.27  DISTRICT.] 
121.28     Subdivision 1.  [PILOT PROJECT.] (a) The ninth judicial 
121.29  district may establish a pilot project to implement the 
121.30  provisions relating to the six-month review under subdivision 2 
121.31  and an accounting for child support by an obligee under 
121.32  subdivision 3. 
121.33     (b) The ninth judicial district and the state court 
121.34  administrator are requested to evaluate the six-month review and 
121.35  accounting for child support pilot project and submit a report 
121.36  to the chairs and ranking minority members of the house and 
122.1   senate committees having jurisdiction over child support and 
122.2   family law policy and funding by January 1, 2003.  The 
122.3   evaluation should measure: 
122.4      (1) the fiscal impact on the courts and local government; 
122.5   and 
122.6      (2) increased child support collections and compliance with 
122.7   parenting time. 
122.8      (c) The provisions in subdivisions 2 and 3 apply only to 
122.9   the pilot project established under this section. 
122.10     Subd. 2.  [SIX-MONTH REVIEW.] (a) A decree of dissolution 
122.11  or legal separation or an order that establishes child custody, 
122.12  parenting time, or support rights and obligations of parents 
122.13  must contain a review date six months after its entry and an 
122.14  attached request for review hearing form.  The request for 
122.15  review hearing form shall be prepared by the state court 
122.16  administrator. 
122.17     (b) The six-month review hearing shall be held if any party 
122.18  submits a written request prior to 60 days before the review 
122.19  date.  If no party requests a hearing, the matter shall be 
122.20  stricken. 
122.21     (c) Upon receipt of a completed request for hearing form, 
122.22  the court administrator shall provide notice of the hearing to 
122.23  all other parties and the public authority. 
122.24     (d) At the six-month hearing, the court must review: 
122.25     (1) whether child support is current; and 
122.26     (2) whether both parties are complying with the parenting 
122.27  time provisions of the order. 
122.28     (e) At the six-month hearing, the obligor has the burden to 
122.29  present evidence to establish that child support payments are 
122.30  current.  A party may request that the public authority provide 
122.31  information to the parties and court regarding child support 
122.32  payments.  A party must request the information from the public 
122.33  authority at least 14 days before the hearing.  The commissioner 
122.34  of human services must develop a form to be used by the public 
122.35  authority to submit child support payment information to the 
122.36  parties and court. 
123.1      (f) Contempt of court and all statutory remedies for child 
123.2   support and parenting time enforcement may be imposed by the 
123.3   court at the six-month hearing for noncompliance by either party 
123.4   pursuant to Minnesota Statutes, chapters 518 and 588 and the 
123.5   Minnesota rules of court. 
123.6      Subd. 3.  [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 
123.7   Upon the motion of an obligor, a court may order an obligee to 
123.8   account for the use or disposition of child support received.  
123.9   The motion must assert the specific allegations of abuse or 
123.10  misapplication of child support received and that a child's 
123.11  needs are not being met.  If the court orders a hearing, the 
123.12  court may order an accounting only if the obligor establishes 
123.13  the specific allegations of abuse or misapplication of child 
123.14  support received and that the child's needs are not being met. 
123.15     (b) If the court orders an accounting under paragraph (a), 
123.16  the obligee must provide documentation that breaks down monthly 
123.17  expenditures of child support received into the following 
123.18  categories: 
123.19     (1) housing and utilities; 
123.20     (2) food; 
123.21     (3) transportation; 
123.22     (4) clothing; 
123.23     (5) health care; 
123.24     (6) child care and education; and 
123.25     (7) miscellaneous. 
123.26  An obligee may account for expenditures on housing, utilities, 
123.27  food, and transportation that are attributable to multiple 
123.28  household members on a per capita basis. 
123.29     (c) If the court finds that an obligee does not make the 
123.30  accounting required under paragraph (b) or the obligee does not 
123.31  spend the entire child support payment on behalf of the child, 
123.32  the court may: 
123.33     (1) hold the obligee in contempt of court; 
123.34     (2) reduce or eliminate the obligor's child support 
123.35  obligation; 
123.36     (3) order the obligee to make future expenditures on behalf 
124.1   of the child, whether in whole or in part, in a manner that 
124.2   documents the transaction; or 
124.3      (4) make any other appropriate order to ensure that the 
124.4   needs of the child are met. 
124.5      (d) If the court determines that an obligor's motion under 
124.6   this section is brought in bad faith, the court may award 
124.7   reasonable attorney fees to the obligee. 
124.8      Sec. 20.  [DATA COLLECTION; REPORT.] 
124.9      (a) By January 15 of each year, each chief of police and 
124.10  sheriff shall report to the superintendent of the bureau of 
124.11  criminal apprehension the following summary data related to 
124.12  applications for permits to carry pistols under Minnesota 
124.13  Statutes, section 624.714, for the preceding calendar year: 
124.14     (1) the number of applications received; 
124.15     (2) the number of permits granted; 
124.16     (3) the reasons given by the applicants for seeking the 
124.17  permits; 
124.18     (4) the number of permits denied and the specific reason 
124.19  for each denial; 
124.20     (5) the number of permits issued by the chief or sheriff 
124.21  that are valid as of December 31 of the preceding year; and 
124.22     (6) the number of convictions and types of crimes committed 
124.23  since the previous report, and in total, by individuals with 
124.24  permits to carry, including data as to whether a firearm 
124.25  lawfully carried solely by virtue of a permit to carry was 
124.26  actually used in furtherance of the crime. 
124.27     The specific reason for the denial required in clause (4) 
124.28  includes, but is not limited to, the applicant being prohibited 
124.29  from possessing a firearm under Minnesota Statutes, section 
124.30  624.713, the applicant not providing a firearms safety 
124.31  certificate, and the applicant not having an occupation or 
124.32  personal safety hazard requiring a permit to carry.  If the 
124.33  applicant was denied the permit based on being prohibited under 
124.34  Minnesota Statutes, section 624.713, the specific prohibition 
124.35  must be cited.  If the denial is based on a criminal conviction, 
124.36  the specific crime of conviction must be cited. 
125.1      (b) By February 15 of each year, the superintendent shall 
125.2   report a summary of the data collected under paragraph (a) to 
125.3   the chairs and ranking minority members of the senate and house 
125.4   committees having jurisdiction over criminal justice policy. 
125.5      (c) This section expires June 30, 2003. 
125.6      Sec. 21.  [FEE INCREASE APPROVAL; PRIVATE DETECTIVES 
125.7   BOARD.] 
125.8      Fee increases proposed for the private detectives board by 
125.9   the governor in the 2002-2003 criminal justice biennial budget 
125.10  document are approved. 
125.11     Sec. 22.  [JUDICIAL SALARY INCREASES.] 
125.12     The salaries of supreme court justices, court of appeals 
125.13  judges, and district court judges are increased by 6.5 percent 
125.14  on July 1, 2001, 6.5 percent on April 1, 2002, three percent on 
125.15  January 1, 2003, and three percent on January 1, 2004. 
125.16     Sec. 23.  H.F. No. 1, article 5, section 22, if enacted by 
125.17  the first special session of the 2001 legislature, is amended to 
125.18  read: 
125.19     Sec. 22.  [APPROPRIATION.] 
125.20     (a) The supreme court trial courts general fund 
125.21  appropriation base is increased by $39,240,000 in fiscal year 
125.22  2004 and by an additional $17,316,000 in fiscal year 2005.  In 
125.23  fiscal years 2006 and 2007 the supreme court trial courts may 
125.24  request additional base adjustments to reflect the transfer of 
125.25  the remaining judicial districts. 
125.26     (b) $8,701,253 is appropriated to the supreme court trial 
125.27  courts from the general fund in each of fiscal years 2002 and 
125.28  2003 to be used to pay the costs of mandated court services 
125.29  assumed by the state under Minnesota Statutes, section 480.183, 
125.30  subdivision 1. 
125.31     (c) For each of fiscal years 2004 and 2005, $1,700,000 is 
125.32  appropriated from the general fund to the supreme court trial 
125.33  courts to fund court takeover equity adjustments.  These amounts 
125.34  must be added to the court base budget in subsequent fiscal 
125.35  years. 
125.36     [EFFECTIVE DATE.] This section is effective at the time 
126.1   H.F. No. 1, article 5, section 22, if enacted by the first 
126.2   special session of the 2001 legislature, takes effect. 
126.3      Sec. 24.  [EFFECTIVE DATES.] 
126.4      Of the additional judge units in the tenth district, one is 
126.5   effective October 1, 2001, and the other is effective July 1, 
126.6   2002.  One judge unit in the third district is effective April 
126.7   1, 2002.  One judge unit in the seventh district and one judge 
126.8   unit in the first district are effective January 1, 2003.  
126.9   Unless specified otherwise for any particular section, the 
126.10  remaining sections in this article are effective July 1, 2001. 
126.11                             ARTICLE 6 
126.12                              CRIMNET 
126.13     Section 1.  Minnesota Statutes 2000, section 299C.10, 
126.14  subdivision 1, is amended to read: 
126.15     Subdivision 1.  [LAW ENFORCEMENT DUTY REQUIRED 
126.16  FINGERPRINTING.] (a) It is hereby made the duty of the Sheriffs 
126.17  of the respective counties, of the police, peace officers in 
126.18  cities of the first, second, and third classes, under the 
126.19  direction of the chiefs of police in such cities, and of 
126.20  community corrections agencies operating secure juvenile 
126.21  detention facilities to shall take or cause to be taken 
126.22  immediately finger and thumb prints, photographs, distinctive 
126.23  physical mark identification data, information on any known 
126.24  aliases or street names, and other identification data requested 
126.25  or required by the superintendent of the bureau, of the 
126.26  following: 
126.27     (1) persons arrested for, appearing in court on a charge 
126.28  of, or convicted of a felony or, gross misdemeanor, or targeted 
126.29  misdemeanor; 
126.30     (2) juveniles arrested for, appearing in court on a charge 
126.31  of, adjudicated delinquent for, or alleged to have committed 
126.32  felonies or gross misdemeanors as distinguished from those 
126.33  committed by adult offenders; 
126.34     (3) persons reasonably believed by the arresting officer to 
126.35  be fugitives from justice; 
126.36     (4) persons in whose possession, when arrested, are found 
127.1   concealed firearms or other dangerous weapons, burglar tools or 
127.2   outfits, high-power explosives, or articles, machines, or 
127.3   appliances usable for an unlawful purpose and reasonably 
127.4   believed by the arresting officer to be intended for such 
127.5   purposes; and 
127.6      (5)  juveniles referred by a law enforcement agency to a 
127.7   diversion program for a felony or gross misdemeanor offense. 
127.8   Unless the superintendent of the bureau requires a shorter 
127.9   period, within 24 hours the fingerprint records and other 
127.10  identification data specified under this paragraph must be 
127.11  forwarded to the bureau of criminal apprehension on such forms 
127.12  and in such manner as may be prescribed by the superintendent of 
127.13  the bureau of criminal apprehension. 
127.14     (b) Effective August 1, 1997, the identification reporting 
127.15  requirements shall also apply to persons arrested for or alleged 
127.16  to have committed targeted misdemeanor offenses and juveniles 
127.17  arrested for or alleged to have committed gross misdemeanors.  
127.18  In addition, the reporting requirements shall include any known 
127.19  aliases or street names of the offenders Prosecutors, courts, 
127.20  and probation officers shall attempt to ensure that the required 
127.21  identification data is taken on a person described in paragraph 
127.22  (a). 
127.23     (c) For purposes of this section, a targeted misdemeanor is 
127.24  a misdemeanor violation of section 169A.20 (driving while 
127.25  impaired), 518B.01 (order for protection violation), 609.224 
127.26  (fifth degree assault), 609.2242 (domestic assault), 609.746 
127.27  (interference with privacy), 609.748 (harassment or restraining 
127.28  order violation), or 617.23 (indecent exposure). 
127.29     Sec. 2.  Minnesota Statutes 2000, section 299C.11, is 
127.30  amended to read: 
127.31     299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
127.32     (a) The Each sheriff of each county and the chief of police 
127.33  of each city of the first, second, and third classes shall 
127.34  furnish the bureau, upon such form as the superintendent shall 
127.35  prescribe, with such finger and thumb prints, photographs, 
127.36  distinctive physical mark identification data, information on 
128.1   known aliases and street names, and other identification data as 
128.2   may be requested or required by the superintendent of the 
128.3   bureau, which may must be taken under the provisions of section 
128.4   299C.10, of persons who shall be convicted of a felony, gross 
128.5   misdemeanor, or who shall be.  In addition, sheriffs and chiefs 
128.6   of police shall furnish this identification data to the bureau 
128.7   for individuals found to have been convicted of a felony or, 
128.8   gross misdemeanor, or targeted misdemeanor, within the ten years 
128.9   next immediately preceding their arrest.  
128.10     (b) No petition under chapter 609A is required if the 
128.11  person has not been convicted of any felony or gross 
128.12  misdemeanor, either within or without the state, within the 
128.13  period of ten years immediately preceding the determination of 
128.14  all pending criminal actions or proceedings in favor of the 
128.15  arrested person, and either of the following occurred: 
128.16     (1) all charges were dismissed prior to a determination of 
128.17  probable cause; or 
128.18     (2) the prosecuting authority declined to file any charges 
128.19  and a grand jury did not return an indictment. 
128.20  Where these conditions are met, the bureau or agency shall, upon 
128.21  demand, return to the arrested person finger and thumb prints, 
128.22  photographs, distinctive physical mark identification data, 
128.23  information on known aliases and street names, and other 
128.24  identification data, and all copies and duplicates of them. 
128.25     (c) Except as otherwise provided in paragraph (b), upon the 
128.26  determination of all pending criminal actions or proceedings in 
128.27  favor of the arrested person, and the granting of the petition 
128.28  of the arrested person under chapter 609A, the bureau shall seal 
128.29  finger and thumb prints, photographs, distinctive physical mark 
128.30  identification data, information on known aliases and street 
128.31  names, and other identification data, and all copies and 
128.32  duplicates of them if the arrested person has not been convicted 
128.33  of any felony or gross misdemeanor, either within or without the 
128.34  state, within the period of ten years immediately preceding such 
128.35  determination. 
128.36     (d) DNA samples and DNA records of the arrested person 
129.1   shall not be returned, sealed, or destroyed as to a charge 
129.2   supported by probable cause.  
129.3      (e) For purposes of this section,: 
129.4      (1) "determination of all pending criminal actions or 
129.5   proceedings in favor of the arrested person" does not include: 
129.6      (1) (i) the sealing of a criminal record pursuant to 
129.7   section 152.18, subdivision 1, 242.31, or chapter 609A; 
129.8      (2) (ii) the arrested person's successful completion of a 
129.9   diversion program; 
129.10     (3) (iii) an order of discharge under section 609.165; or 
129.11     (4) (iv) a pardon granted under section 638.02; and 
129.12     (2) "targeted misdemeanor" has the meaning given in section 
129.13  299C.10, subdivision 1. 
129.14     Sec. 3.  [299C.111] [SUSPENSE FILE REPORTING.] 
129.15     (a) By June 1 and December 1 of each year, the 
129.16  superintendent shall: 
129.17     (1) provide an entity or individual having responsibility 
129.18  regarding identification data under section 299C.10 and the 
129.19  criminal and juvenile justice information policy group with 
129.20  summary data on the number of disposition records pertaining to 
129.21  the entity or individual that have not been linked to an arrest 
129.22  record; and 
129.23     (2) provide the criminal and juvenile justice information 
129.24  policy group with the number of identification records not 
129.25  entered on the automated fingerprint identification system and 
129.26  the criminal history files. 
129.27     (b) The superintendent shall immediately notify the 
129.28  appropriate entity or individual when a disposition record is 
129.29  received that cannot be linked to an arrest record. 
129.30     Sec. 4.  Minnesota Statutes 2000, section 299C.147, 
129.31  subdivision 2, is amended to read: 
129.32     Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
129.33  maintain a computerized data system for the purpose of assisting 
129.34  criminal justice agencies in monitoring and enforcing the 
129.35  conditions of conditional release imposed on criminal offenders 
129.36  by a sentencing court or the commissioner of corrections.  The 
130.1   data in the system are private data as defined in section 13.02, 
130.2   subdivision 12, but are accessible to criminal justice agencies 
130.3   as defined in section 13.02, subdivision 3a, to public defenders 
130.4   as provided in section 611.272, to the district court, and to 
130.5   criminal justice agencies in other states in the conduct of 
130.6   their official duties.  
130.7      Sec. 5.  Minnesota Statutes 2000, section 299C.65, 
130.8   subdivision 1, is amended to read: 
130.9      Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The criminal and 
130.10  juvenile justice information policy group consists of the 
130.11  commissioner of corrections, the commissioner of public safety, 
130.12  the commissioner of administration, the commissioner of finance, 
130.13  and four members of the judicial branch appointed by the chief 
130.14  justice of the supreme court.  The policy group may appoint 
130.15  additional, nonvoting members as necessary from time to time. 
130.16     (b) The commissioner of public safety is designated as the 
130.17  chair of the policy group.  The commissioner and the policy 
130.18  group have overall responsibility for the successful completion 
130.19  of statewide criminal justice information system integration 
130.20  (CriMNet).  The policy group may hire a program manager to 
130.21  manage the CriMNet projects and to be responsible for the 
130.22  day-to-day operations of CriMNet.  The policy group must ensure 
130.23  that generally accepted project management techniques are 
130.24  utilized for each CriMNet project, including: 
130.25     (1) clear sponsorship; 
130.26     (2) scope management; 
130.27     (3) project planning, control, and execution; 
130.28     (4) continuous risk assessment and mitigation; 
130.29     (5) cost management; 
130.30     (6) quality management reviews; 
130.31     (7) communications management; and 
130.32     (8) proven methodology. 
130.33     (c) Products and services for CriMNet project management, 
130.34  system design, implementation, and for application hosting must 
130.35  be acquired using an appropriate procurement process, which 
130.36  includes: 
131.1      (1) a determination of required products and services; 
131.2      (2) a request for proposal development and identification 
131.3   of potential sources; 
131.4      (3) competitive bid solicitation, evaluation, and 
131.5   selection; and 
131.6      (4) contract administration and close-out. 
131.7      (d) The policy group shall study and make recommendations 
131.8   to the governor, the supreme court, and the legislature on:  
131.9      (1) a framework for integrated criminal justice information 
131.10  systems, including the development and maintenance of a 
131.11  community data model for state, county, and local criminal 
131.12  justice information; 
131.13     (2) the responsibilities of each entity within the criminal 
131.14  and juvenile justice systems concerning the collection, 
131.15  maintenance, dissemination, and sharing of criminal justice 
131.16  information with one another; 
131.17     (3) actions necessary to ensure that information maintained 
131.18  in the criminal justice information systems is accurate and 
131.19  up-to-date; 
131.20     (4) the development of an information system containing 
131.21  criminal justice information on gross misdemeanor-level and 
131.22  felony-level juvenile offenders that is part of the integrated 
131.23  criminal justice information system framework; 
131.24     (5) the development of an information system containing 
131.25  criminal justice information on misdemeanor arrests, 
131.26  prosecutions, and convictions that is part of the integrated 
131.27  criminal justice information system framework; 
131.28     (6) comprehensive training programs and requirements for 
131.29  all individuals in criminal justice agencies to ensure the 
131.30  quality and accuracy of information in those systems; 
131.31     (7) continuing education requirements for individuals in 
131.32  criminal justice agencies who are responsible for the 
131.33  collection, maintenance, dissemination, and sharing of criminal 
131.34  justice data; 
131.35     (8) a periodic audit process to ensure the quality and 
131.36  accuracy of information contained in the criminal justice 
132.1   information systems; 
132.2      (9) the equipment, training, and funding needs of the state 
132.3   and local agencies that participate in the criminal justice 
132.4   information systems; 
132.5      (10) the impact of integrated criminal justice information 
132.6   systems on individual privacy rights; 
132.7      (11) the impact of proposed legislation on the criminal 
132.8   justice system, including any fiscal impact, need for training, 
132.9   changes in information systems, and changes in processes; 
132.10     (12) the collection of data on race and ethnicity in 
132.11  criminal justice information systems; 
132.12     (13) the development of a tracking system for domestic 
132.13  abuse orders for protection; 
132.14     (14) processes for expungement, correction of inaccurate 
132.15  records, destruction of records, and other matters relating to 
132.16  the privacy interests of individuals; and 
132.17     (15) the development of a database for extended 
132.18  jurisdiction juvenile records and whether the records should be 
132.19  public or private and how long they should be retained.  
132.20     Sec. 6.  Minnesota Statutes 2000, section 299C.65, 
132.21  subdivision 2, is amended to read: 
132.22     Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
132.23  file an annual report with the governor, supreme court, and 
132.24  chairs and ranking minority members of the senate and house 
132.25  committees and divisions with jurisdiction over criminal justice 
132.26  funding and policy by December 1 of each year.  
132.27     (b) The report must make recommendations concerning any 
132.28  legislative changes or appropriations that are needed to ensure 
132.29  that the criminal justice information systems operate accurately 
132.30  and efficiently.  To assist them in developing their 
132.31  recommendations, the policy group shall appoint a task force 
132.32  consisting of its members or their designees and the following 
132.33  additional members:  
132.34     (1) the director of the office of strategic and long-range 
132.35  planning; 
132.36     (2) two sheriffs recommended by the Minnesota sheriffs 
133.1   association; 
133.2      (3) two police chiefs recommended by the Minnesota chiefs 
133.3   of police association; 
133.4      (4) two county attorneys recommended by the Minnesota 
133.5   county attorneys association; 
133.6      (5) two city attorneys recommended by the Minnesota league 
133.7   of cities; 
133.8      (6) two public defenders appointed by the board of public 
133.9   defense; 
133.10     (7) two district judges appointed by the conference of 
133.11  chief judges, one of whom is currently assigned to the juvenile 
133.12  court; 
133.13     (8) two community corrections administrators recommended by 
133.14  the Minnesota association of counties, one of whom represents a 
133.15  community corrections act county; 
133.16     (9) two probation officers; 
133.17     (10) four public members, one of whom has been a victim of 
133.18  crime, and two who are representatives of the private business 
133.19  community who have expertise in integrated information systems; 
133.20     (11) two court administrators; 
133.21     (12) one member of the house of representatives appointed 
133.22  by the speaker of the house; 
133.23     (13) one member of the senate appointed by the majority 
133.24  leader; 
133.25     (14) the attorney general or a designee; 
133.26     (15) the commissioner of administration or a designee; 
133.27     (16) an individual recommended by the Minnesota league of 
133.28  cities; and 
133.29     (17) an individual recommended by the Minnesota association 
133.30  of counties. 
133.31  In making these appointments, the appointing authority shall 
133.32  select members with expertise in integrated data systems or best 
133.33  practices.  
133.34     (c) The commissioner of public safety may appoint 
133.35  additional, nonvoting members to the task force as necessary 
133.36  from time to time. 
134.1      Sec. 7.  [609.118] [FINGERPRINTING REQUIRED.] 
134.2      (a) When a person is convicted of a felony, gross 
134.3   misdemeanor, or targeted misdemeanor, as defined in section 
134.4   299C.10, subdivision 1, or is adjudicated delinquent for a 
134.5   felony or gross misdemeanor, the court shall order the offender 
134.6   to immediately report to the law enforcement agency responsible 
134.7   for the collection of fingerprint and other identification data 
134.8   required under section 299C.10, regardless of the sentence 
134.9   imposed or executed. 
134.10     (b) Paragraph (a) does not apply if the person is remanded 
134.11  to the custody of a law enforcement agency or if the 
134.12  identification data was collected prior to the conviction or 
134.13  adjudication for the offense. 
134.14     (c) A person who fails to obey a court order under 
134.15  paragraph (a) is subject to probation revocation, contempt of 
134.16  court, or any other appropriate remedy. 
134.17     (d) This section does not limit or restrict any other 
134.18  statutory requirements or local policies regarding the 
134.19  collection of identification data. 
134.20     Sec. 8.  [OUTSIDE REVIEW.] 
134.21     The commissioner of administration shall obtain an 
134.22  independent outside expert to review the CriMNet projects funded 
134.23  in this act.  By February 15, 2002, the outside expert shall 
134.24  report to the chairs and ranking minority members of the senate 
134.25  and house committees and divisions having jurisdiction over 
134.26  criminal justice policy and funding on the results of the review.
134.27     Sec. 9.  [EFFECTIVE DATE.] 
134.28     Sections 1 to 8 are effective July 1, 2001. 
134.29                             ARTICLE 7
134.30                       ANTI-RACIAL PROFILING
134.31     Section 1.  Minnesota Statutes 2000, section 357.021, 
134.32  subdivision 6, is amended to read: 
134.33     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
134.34  (a) The court shall impose and the court administrator shall 
134.35  collect a $25 $28 surcharge on every person convicted of any 
134.36  felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
135.1   offense, other than a violation of a law or ordinance relating 
135.2   to vehicle parking.  The surcharge shall be imposed whether or 
135.3   not the person is sentenced to imprisonment or the sentence is 
135.4   stayed.  
135.5      (b) If the court fails to impose a surcharge as required by 
135.6   this subdivision, the court administrator shall show the 
135.7   imposition of the $25 surcharge, collect the surcharge and 
135.8   correct the record. 
135.9      (c) The court may not waive payment of the surcharge 
135.10  required under this subdivision.  Upon a showing of indigency or 
135.11  undue hardship upon the convicted person or the convicted 
135.12  person's immediate family, the sentencing court may authorize 
135.13  payment of the surcharge in installments. 
135.14     (d) The court administrator or other entity collecting a 
135.15  surcharge shall forward it to the state treasurer. 
135.16     (e) If the convicted person is sentenced to imprisonment 
135.17  and has not paid the surcharge before the term of imprisonment 
135.18  begins, the chief executive officer of the correctional facility 
135.19  in which the convicted person is incarcerated shall collect the 
135.20  surcharge from any earnings the inmate accrues from work 
135.21  performed in the facility or while on conditional release.  The 
135.22  chief executive officer shall forward the amount collected to 
135.23  the state treasurer. 
135.24     Sec. 2.  Minnesota Statutes 2000, section 357.021, 
135.25  subdivision 7, is amended to read: 
135.26     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
135.27  (a) Except as provided in paragraph (b), the state treasurer 
135.28  shall disburse surcharges received under subdivision 6 and 
135.29  section 97A.065, subdivision 2, as follows: 
135.30     (1) one percent of the surcharge shall be credited to the 
135.31  game and fish fund to provide peace officer training for 
135.32  employees of the department of natural resources who are 
135.33  licensed under sections 626.84 to 626.863, and who possess peace 
135.34  officer authority for the purpose of enforcing game and fish 
135.35  laws; 
135.36     (2) 39 percent of the surcharge shall be credited to the 
136.1   peace officers training account in the special revenue fund; and 
136.2      (3) 60 percent of the surcharge shall be credited to the 
136.3   general fund.  
136.4      (b) The state treasurer shall credit $3 of each surcharge 
136.5   received under subdivision 6 and section 97A.065, subdivision 2, 
136.6   to a criminal justice special projects account in the special 
136.7   revenue fund.  This account is available for appropriation to 
136.8   the commissioner of public safety for grants to law enforcement 
136.9   agencies and for other purposes authorized by the legislature. 
136.10     Sec. 3.  [626.8471] [AVOIDING RACIAL PROFILING; POLICIES 
136.11  AND LEARNING OBJECTIVES REQUIRED.] 
136.12     Subdivision 1.  [PURPOSE.] The legislature finds that the 
136.13  reality or public perception of racial profiling alienates 
136.14  people from police, hinders community policing efforts, and 
136.15  causes law enforcement to lose credibility and trust among the 
136.16  people law enforcement is sworn to protect and serve.  No stop 
136.17  initiated by a peace officer should be made without a legitimate 
136.18  reason; race, ethnicity, or national origin alone should never 
136.19  provide a sufficient reason.  Law enforcement policies and 
136.20  training programs must emphasize the need to respect the balance 
136.21  between the rights of all persons to be free from unreasonable 
136.22  governmental intrusions and law enforcement's need to enforce 
136.23  the law. 
136.24     Subd. 2.  [DEFINITION.] "Racial profiling" means any action 
136.25  initiated by law enforcement that relies upon the race, 
136.26  ethnicity, or national origin of an individual rather than: 
136.27     (1) the behavior of that individual; or 
136.28     (2) information that leads law enforcement to a particular 
136.29  individual who has been identified as being engaged in or having 
136.30  been engaged in criminal activity.  
136.31     Racial profiling includes use of racial or ethnic 
136.32  stereotypes as factors in selecting whom to stop and search.  
136.33  Racial profiling does not include law enforcement's use of race 
136.34  or ethnicity to determine whether a person matches a specific 
136.35  description of a particular subject.  
136.36     Subd. 3.  [STATEWIDE MODEL POLICY.] (a) The board of peace 
137.1   officer standards and training shall consult with the Minnesota 
137.2   chiefs of police association, the Minnesota sheriffs 
137.3   association, the racial profiling advisory committee, and the 
137.4   Minnesota police and peace officers association in developing an 
137.5   antiracial profiling model policy governing the conduct of peace 
137.6   officers engaged in stops of citizens.  This policy shall define 
137.7   racial profiling and identify conduct that violates the law.  
137.8   The policy must also include a duty to give the officer's name 
137.9   or badge number and identify the officer's department during 
137.10  routine traffic stops.  
137.11     (b) The board shall adopt a model policy and distribute the 
137.12  model policy to all chief law enforcement officers by August 1, 
137.13  2001. 
137.14     Subd. 4.  [AGENCY POLICIES REQUIRED.] (a) By November 1, 
137.15  2001, the chief law enforcement officer of every state and local 
137.16  law enforcement agency must establish and enforce a written 
137.17  antiracial profiling policy governing the conduct of peace 
137.18  officers engaged in stops of citizens.  The chief law 
137.19  enforcement officer shall ensure that each peace officer 
137.20  receives a copy of the agency's antiracial profiling policy.  
137.21  The chief law enforcement officer also must ensure that each 
137.22  peace officer is aware of the policy's purpose and the conduct 
137.23  prohibited by it.  
137.24     (b) The policy must, at a minimum, comply with the 
137.25  requirements of the model policy adopted by the board under 
137.26  subdivision 3. 
137.27     (c) Every state and local law enforcement agency must 
137.28  certify to the board that it has adopted a written policy in 
137.29  compliance with the board's model policy. 
137.30     (d) The board shall assist the chief law enforcement 
137.31  officer of each state and local law enforcement agency in 
137.32  developing and implementing antiracial profiling policies under 
137.33  this subdivision. 
137.34     Subd. 5.  [PRESERVICE TRAINING LEARNING OBJECTIVES; 
137.35  REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare 
137.36  learning objectives for preservice training to instruct peace 
138.1   officers in avoiding racial profiling when making stops of 
138.2   citizens.  These learning objectives shall be included in the 
138.3   required curriculum of professional peace officer education 
138.4   programs.  
138.5      (b) An individual is not eligible to take the peace officer 
138.6   licensing examination or the part-time peace officer licensing 
138.7   examination on or after June 1, 2002, unless:  
138.8      (1) the individual has received the training described in 
138.9   paragraph (a); and 
138.10     (2) the individual has completed a psychological evaluation 
138.11  demonstrating that the individual is not likely to engage in 
138.12  racial profiling. 
138.13     Subd. 6.  [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 
138.14  August 1, 2001, the board shall prepare learning objectives for 
138.15  in-service training to instruct peace officers in avoiding 
138.16  racial profiling when making stops of citizens.  The board shall 
138.17  evaluate and monitor in-service training courses to ensure they 
138.18  satisfy the learning objectives. 
138.19     Subd. 7.  [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS; 
138.20  REQUIREMENTS.] The executive director of the board of peace 
138.21  officer standards and training shall prepare training materials 
138.22  to provide chief law enforcement officers and other peace 
138.23  officers with supervisory authority with information on how to 
138.24  detect and respond to racial profiling by peace officers under 
138.25  their command.  The training materials must address both the 
138.26  agency's antiracial profiling policy and procedural components 
138.27  aimed at eliminating racial profiling in stops of citizens.  The 
138.28  materials must include information on federal and state 
138.29  constitutional and statutory laws prohibiting discrimination by 
138.30  law enforcement.  The procedural information must describe 
138.31  conduct that is unlawful or inappropriate and present guidelines 
138.32  for reinforcing techniques that are lawful and appropriate.  The 
138.33  procedural information shall discuss appropriate search and 
138.34  seizure and interviewing techniques. 
138.35     Subd. 8.  [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 
138.36  board has authority to inspect state and local agency policies 
139.1   to ensure compliance with subdivision 4.  The board may conduct 
139.2   this inspection based upon a complaint it receives about a 
139.3   particular agency or through a random selection process. 
139.4      Sec. 4.  [626.8515] [CERTAIN BACCALAUREATE DEGREE HOLDERS 
139.5   ELIGIBLE TO TAKE LICENSING EXAMINATION.] 
139.6      A person with a baccalaureate degree from an accredited 
139.7   college or university who has successfully completed a 
139.8   board-certified practical skills oriented basic training course 
139.9   is eligible to take the peace officer licensing examination. 
139.10     Sec. 5.  [626.8517] [ELIGIBILITY FOR RECIPROCITY 
139.11  EXAMINATION BASED ON RELEVANT MILITARY EXPERIENCE.] 
139.12     (a) For purposes of this section, "relevant military 
139.13  experience" means five years of active duty military police 
139.14  service. 
139.15     (b) A person who has relevant military experience and who 
139.16  has been honorably discharged from the military is eligible to 
139.17  take the reciprocity examination. 
139.18     Sec. 6.  [626.951] [RACIAL PROFILING STUDY; REPORT 
139.19  REQUIRED.] 
139.20     Subdivision 1.  [RACIAL PROFILING STUDY.] (a) The 
139.21  commissioner of public safety shall oversee a statewide study on 
139.22  traffic stops of citizens to determine whether racial profiling 
139.23  exists.  Law enforcement agencies that decide to participate in 
139.24  the study shall follow the procedures set forth by this 
139.25  section.  Agencies that receive state money for the installation 
139.26  of video cameras in police vehicles shall participate in the 
139.27  study. 
139.28     (b) The data that must be collected as part of this study 
139.29  include: 
139.30     (1) the location of the stop; 
139.31     (2) the date and time of the stop; 
139.32     (3) the age, race/ethnicity, and gender of the driver; 
139.33     (4) the traffic violation or reason that led to the stop; 
139.34     (5) the disposition of the stop, arrest, citation, warning, 
139.35  or no action; 
139.36     (6) whether a search was conducted of the driver, 
140.1   passengers, or vehicle; 
140.2      (7) if a search was conducted, the authority for the 
140.3   search; 
140.4      (8) if a search was conducted, whether any contraband was 
140.5   discovered or seized and the nature of the contraband; 
140.6      (9) whether the officer knew the race/ethnicity of the 
140.7   driver before the stop; and 
140.8      (10) the law enforcement agency's code. 
140.9      (c) The time period of the study shall be 12 months, 
140.10  beginning on January 1, 2002, and ending December 31, 2002.  
140.11     (d) The elements listed in paragraph (b) are the minimum 
140.12  that a law enforcement agency participating in the study must 
140.13  collect.  Nothing in this section prohibits an agency from 
140.14  voluntarily collecting additional data elements.  If an agency 
140.15  collects additional data elements, the data are classified as 
140.16  provided in subdivision 7. 
140.17     Subd. 2.  [SUBMISSION OF DATA TO COMMISSIONER.] On a 
140.18  frequency determined by the commissioner of public safety, each 
140.19  chief law enforcement officer of a law enforcement agency 
140.20  participating in the study shall submit to the commissioner the 
140.21  data described in subdivision 1 for each traffic stop conducted 
140.22  by the agency's law enforcement officers. 
140.23     Subd. 3.  [METHOD OF DATA COLLECTION.] A chief law 
140.24  enforcement officer may collect and submit the data described in 
140.25  this section electronically, if the method of doing so is 
140.26  compatible with the department of public safety's computer 
140.27  system, or on paper forms supplied by the commissioner of public 
140.28  safety. 
140.29     Subd. 4.  [OUTSIDE EXPERT.] The commissioners of 
140.30  administration and public safety shall retain a sufficiently 
140.31  experienced and independent organization or individual to: 
140.32     (1) design and oversee the data collection process 
140.33  described in this section; 
140.34     (2) develop baseline measures to analyze the data 
140.35  collected; 
140.36     (3) develop and implement a data compliance auditing 
141.1   process that ensures the accuracy of data collected through, 
141.2   among other things, periodic spot checks; and 
141.3      (4) analyze the data collected. 
141.4      Subd. 5.  [OTHER DUTIES OF COMMISSIONER.] The commissioner 
141.5   of public safety shall: 
141.6      (1) ensure that data forwarded to the commissioner under 
141.7   this section is entered into a central database in a timely 
141.8   manner; 
141.9      (2) cooperate with the outside expert to facilitate the 
141.10  ability of the expert to fulfill its duties under this section, 
141.11  including allowing the expert sufficient access to the compiled 
141.12  data; and 
141.13     (3) develop and distribute to law enforcement agencies 
141.14  participating in the study a paper form to collect the data.  
141.15     Subd. 6.  [REPORT REQUIRED.] The outside expert shall 
141.16  analyze the data collected to determine the degree to which, if 
141.17  at all, racial profiling occurs in traffic stops made by law 
141.18  enforcement agencies participating in the study within the 
141.19  state.  By December 1, 2003, the expert shall report the results 
141.20  of the analysis to the chairs of the senate and house committees 
141.21  having jurisdiction over criminal justice policy. 
141.22     Subd. 7.  [DATA.] If law enforcement agencies collect data 
141.23  for purposes of traffic stops, the data collected, including 
141.24  video data, are private data on individuals or nonpublic data as 
141.25  defined in section 13.02.  This subdivision does not affect the 
141.26  classification of the same data collected for other law 
141.27  enforcement purposes.  
141.28     Sec. 7.  [626.9513] [RACIAL PROFILING ADVISORY COMMITTEE.] 
141.29     Subdivision 1.  [COMMITTEE ESTABLISHED; MEMBERS.] (a) The 
141.30  racial profiling advisory committee consists of the following 
141.31  individuals or their designees: 
141.32     (1) the executive director of the Minnesota chiefs of 
141.33  police association; 
141.34     (2) the executive director of the Minnesota police and 
141.35  peace officers association; 
141.36     (3) the executive director of the Minnesota sheriffs 
142.1   association; 
142.2      (4) a chief of police, selected by the Minnesota chiefs of 
142.3   police association; 
142.4      (5) a member of the Minnesota police and peace officers 
142.5   association, selected by the association; 
142.6      (6) the executive director of the council on Asian-Pacific 
142.7   Minnesotans; 
142.8      (7) the executive director of the council on Black 
142.9   Minnesotans; 
142.10     (8) the executive director of the council on Indian 
142.11  affairs; 
142.12     (9) the executive director of the council on Chicano-Latino 
142.13  people affairs; 
142.14     (10) the executive director of an Urban League chapter, 
142.15  selected by agreement of the executive directors of the Urban 
142.16  League chapters within the state; 
142.17     (11) the president of a National Association for the 
142.18  Advancement of Colored People branch, selected by agreement of 
142.19  the presidents of the National Association for the Advancement 
142.20  of Colored People branches within the state; 
142.21     (12) one person appointed by the commissioner of public 
142.22  safety; and 
142.23     (13) one person appointed by the Black Ministers Alliance. 
142.24     Subd. 2.  [DUTIES.] The racial profiling advisory committee 
142.25  must: 
142.26     (1) advise the board of peace officer standards and 
142.27  training on the development of the statewide antiracial 
142.28  profiling model policy under section 626.8471, subdivision 3; 
142.29     (2) advise the board of peace officer standards and 
142.30  training on racial profiling training objectives, materials, and 
142.31  implementation; 
142.32     (3) advise the attorney general on the racial profiling 
142.33  public awareness campaign; and 
142.34     (4) advise the peace officer standards and training board 
142.35  on any other policies relating to racial profiling based on the 
142.36  review of summary data on racial profiling complaints. 
143.1      Subd. 3.  [COMMITTEE ACTION.] Committee action, including 
143.2   any action recommended must be approved by a two-thirds majority 
143.3   of the whole committee. 
143.4      Subd. 4.  [EXPIRATION.] The racial profiling advisory 
143.5   committee expires on June 30, 2003.  
143.6      Sec. 8.  [626.9514] [TOLL-FREE TELEPHONE NUMBER.] 
143.7      The attorney general shall operate and maintain a toll-free 
143.8   telephone number for complaints dealing with racial profiling.  
143.9   The attorney general must act as a clearinghouse for racial 
143.10  profiling complaints and must forward complaints to the peace 
143.11  officer standards and training board. 
143.12     Sec. 9.  [626.9517] [GRANT PROGRAM FOR INSTALLATION OF 
143.13  VIDEO CAMERAS IN POLICE VEHICLES.] 
143.14     Subdivision 1.  [GRANTS; CAMERAS DESCRIBED.] The 
143.15  commissioner of public safety shall make grants to law 
143.16  enforcement agencies participating in the racial profiling study 
143.17  described in section 626.951 for the purchase, installation, and 
143.18  maintenance of video cameras on police vehicles designed to 
143.19  record traffic stops.  A video camera installed pursuant to a 
143.20  grant under this section must: 
143.21     (1) be automatically activated during every traffic stop; 
143.22     (2) contain an audio feature; and 
143.23     (3) be designed and installed so as to record the stop in 
143.24  its entirety. 
143.25     Cameras may not be equipped with manual shut-off switches 
143.26  and must be activated for the entirety of a traffic stop. 
143.27     Subd. 2.  [STORAGE OF VIDEO.] Notwithstanding section 
143.28  138.163 or 138.17, chief law enforcement officers of agencies 
143.29  receiving grants under this section for video cameras in police 
143.30  vehicles shall ensure that the video tape or disk from the 
143.31  camera be stored for a minimum of 60 days after use.  If the 
143.32  chief law enforcement officer has not been instructed by the 
143.33  board or the attorney general to maintain the tape or disk 
143.34  beyond that period, the chief law enforcement officer may reuse 
143.35  it.  Tapes and disks must be stored and maintained under this 
143.36  subdivision in an accessible manner.  The tapes and disks must 
144.1   be clearly labeled and ordered. 
144.2      Subd. 3.  [AVAILABILITY OF VIDEO TAPE.] A chief law 
144.3   enforcement officer shall provide a copy of a video tape or disk 
144.4   that recorded a traffic stop to the driver of the stopped 
144.5   vehicle upon the driver's request and at the driver's expense if 
144.6   the tape or disk has not yet been reused. 
144.7      Sec. 10.  [STUDY.] 
144.8      The chief of the state patrol shall identify measures to 
144.9   better recruit minorities and increase their representation in 
144.10  the state patrol so it more accurately reflects the population 
144.11  served by the state patrol.  By January 15, 2002, the chief 
144.12  shall report to the senate and house committees and divisions 
144.13  having jurisdiction over criminal justice and transportation 
144.14  policy and funding on the measures identified and the resources 
144.15  needed to implement these measures. 
144.16     Sec. 11.  [REGIONAL TRAINING SEMINARS.] 
144.17     The board of peace officer standards and training shall 
144.18  facilitate regional seminars throughout the state to increase 
144.19  awareness about racial profiling issues unique to specific 
144.20  regions of the state and to promote a community-oriented 
144.21  response to the issue of racial profiling.  The training 
144.22  seminars shall satisfy the learning objectives described in 
144.23  Minnesota Statutes, section 626.8471, subdivision 6.  These 
144.24  seminars shall be completed by December 31, 2001. 
144.25     Sec. 12.  [REPORTS.] 
144.26     Subdivision 1.  [MODEL POLICY; TRAINING.] By February 15, 
144.27  2002, the executive director of the board of peace officer 
144.28  standards and training shall report to the house and senate 
144.29  committees with jurisdiction over criminal justice funding on 
144.30  the development of a model policy; learning objectives; regional 
144.31  training seminars, including attendance figures for the 
144.32  seminars; and the training materials prepared for chief law 
144.33  enforcement officers and other officers with supervisory 
144.34  authority. 
144.35     Subd. 2.  [COMPLAINTS.] The peace officer standards and 
144.36  training board shall forward to the racial profiling advisory 
145.1   committee, and make available to the public, summary data on 
145.2   complaints received under Minnesota Statutes, section 626.9514. 
145.3      Sec. 13.  [INSTRUCTION TO REVISOR; LEGISLATIVE INTENT.] 
145.4      The surcharge increase contained in Minnesota Statutes, 
145.5   section 357.021, in this act is superseded by any other increase 
145.6   to the surcharge enacted in the 2001 First Special Session. 
145.7      Sec. 14.  [APPROPRIATIONS.] 
145.8      Subdivision 1.  [SPECIAL REVENUE SPENDING AUTHORIZATION.] 
145.9   (a) The commissioner of public safety is authorized to spend 
145.10  funds appropriated from the criminal justice special projects 
145.11  account in the special revenue fund under Minnesota Statutes, 
145.12  section 357.021, subdivision 7, for: 
145.13     (1) grants for video cameras under Minnesota Statutes, 
145.14  section 626.9517; 
145.15     (2) retaining the outside expert required under Minnesota 
145.16  Statutes, section 626.951, subdivision 4; 
145.17     (3) reimbursement to law enforcement agencies that 
145.18  participate in the racial profiling study described in Minnesota 
145.19  Statutes, section 626.951, for costs they incur in participating.
145.20  This amount must not exceed $325,000 and must be distributed as 
145.21  described in paragraph (d); 
145.22     (4) costs incurred by the commissioner to provide oversight 
145.23  of the racial profiling study described in Minnesota Statutes, 
145.24  section 626.951.  This amount must not exceed $250,000; and 
145.25     (5) increasing the amount available for reimbursements to 
145.26  local agencies for the cost of administering board-approved 
145.27  continuing education for peace officers to allow the following 
145.28  agencies or divisions to be eligible to receive reimbursements 
145.29  for training costs in the same manner and in like amounts as 
145.30  local agencies: 
145.31     (i) the state patrol; 
145.32     (ii) alcohol and gambling enforcement; 
145.33     (iii) the bureau of criminal apprehension; and 
145.34     (iv) the office of special investigations in the department 
145.35  of corrections.  
145.36     The amount expended under this paragraph must not exceed 
146.1   $535,000. 
146.2      (b) The commissioner shall issue a request for proposals 
146.3   and select a vendor from whom to purchase video cameras under 
146.4   Minnesota Statutes, section 626.9517.  The vendor selected must 
146.5   provide maintenance and extended warranties for the cameras. 
146.6      (c) The commissioner shall aggressively seek available 
146.7   federal grants related to eliminating racial profiling and 
146.8   assist local units of government to receive federal funding. 
146.9      (d) The commissioner may reimburse law enforcement agencies 
146.10  under paragraph (a), clause (3), in the following maximum 
146.11  amounts: 
146.12     (1) up to $5,000 for agencies with fewer than 100 full-time 
146.13  sworn peace officers; 
146.14     (2) up to $15,000 for agencies with at least 100, but fewer 
146.15  than 300 full-time sworn peace officers; 
146.16     (3) up to $30,000 for agencies with at least 300, but fewer 
146.17  than 500 full-time sworn peace officers; 
146.18     (4) up to $50,000 for agencies with at least 500, but fewer 
146.19  than 800 full-time sworn peace officers; and 
146.20     (5) up to $60,000 for agencies with 800 or more full-time 
146.21  sworn peace officers. 
146.22     Subd. 2.  [SPECIAL REVENUE TRANSFER AUTHORIZATION.] (a) The 
146.23  commissioner of public safety is authorized to transfer the 
146.24  following amounts appropriated from the criminal justice special 
146.25  projects account in the special revenue fund under Minnesota 
146.26  Statutes, section 357.021, subdivision 7, for the purposes 
146.27  indicated: 
146.28     (1) $100,000 to the attorney general to: 
146.29     (i) obtain and maintain the toll-free telephone number to 
146.30  receive complaints under Minnesota Statutes, section 626.9514; 
146.31  and 
146.32     (ii) develop and implement, in consultation with the racial 
146.33  profiling advisory committee, a public awareness campaign on the 
146.34  issue of racial profiling and the availability of the toll-free 
146.35  telephone number described in Minnesota Statutes, section 
146.36  626.9514; and 
147.1      (2) $350,000 to the peace officer standards and training 
147.2   board for costs associated with the regional training seminars 
147.3   described in section 11. 
147.4      Subd. 3.  [EXPIRATION AND USE.] The authorization in this 
147.5   section expires June 30, 2003.  Funds appropriated from the 
147.6   criminal justice special projects account in the special revenue 
147.7   fund under Minnesota Statutes, section 357.021, subdivision 7, 
147.8   may be used only for the purposes authorized by this section. 
147.9      Sec. 15.  [EFFECTIVE DATE.] 
147.10     Sections 1 to 13 are effective July 1, 2001. 
147.11                             ARTICLE 8 
147.12                    GENERAL CRIMINAL PROVISIONS 
147.13     Section 1.  Minnesota Statutes 2000, section 152.02, 
147.14  subdivision 2, is amended to read: 
147.15     Subd. 2.  [SCHEDULE I.] The following items are listed in 
147.16  Schedule I: 
147.17     (1) Any of the following substances, including their 
147.18  isomers, esters, ethers, salts, and salts of isomers, esters, 
147.19  and ethers, unless specifically excepted, whenever the existence 
147.20  of such isomers, esters, ethers and salts is possible within the 
147.21  specific chemical designation:  Acetylmethadol; Allylprodine; 
147.22  Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
147.23  Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
147.24  Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
147.25  Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
147.26  Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
147.27  Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
147.28  Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
147.29  Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
147.30  Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
147.31  Piritramide; Proheptazine; Properidine; Racemoramide; 
147.32  Trimeperidine.  
147.33     (2) Any of the following opium derivatives, their salts, 
147.34  isomers and salts of isomers, unless specifically excepted, 
147.35  whenever the existence of such salts, isomers and salts of 
147.36  isomers is possible within the specific chemical designation:  
148.1   Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
148.2   Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
148.3   Desomorphine; Dihydromorphine; Etorphine; Heroin; 
148.4   Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
148.5   methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
148.6   Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
148.7   Thebacon.  
148.8      (3) Any material, compound, mixture or preparation which 
148.9   contains any quantity of the following hallucinogenic 
148.10  substances, their salts, isomers and salts of isomers, unless 
148.11  specifically excepted, whenever the existence of such salts, 
148.12  isomers, and salts of isomers is possible within the specific 
148.13  chemical designation:  3,4-methylenedioxy amphetamine; 
148.14  3,4-methylenedioxymethamphetamine; 
148.15  4-bromo-2,5-dimethoxyamphetamine; 2,5-dimethoxyamphetamine; 
148.16  4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
148.17  Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
148.18  3,4,5-trimethoxy amphetamine; 4-methyl-2, 
148.19  5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
148.20  marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
148.21  N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
148.22  Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
148.23  n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
148.24  pyrrolidine.  
148.25     (4) Peyote, providing the listing of peyote as a controlled 
148.26  substance in schedule I does not apply to the nondrug use of 
148.27  peyote in bona fide religious ceremonies of the American Indian 
148.28  Church, and members of the American Indian Church are exempt 
148.29  from registration.  Any person who manufactures peyote for or 
148.30  distributes peyote to the American Indian Church, however, is 
148.31  required to obtain federal registration annually and to comply 
148.32  with all other requirements of law.  
148.33     (5) Unless specifically excepted or unless listed in 
148.34  another schedule, any material compound, mixture, or preparation 
148.35  which contains any quantity of the following substances having a 
148.36  depressant effect on the central nervous system, including its 
149.1   salts, isomers, and salts of isomers whenever the existence of 
149.2   such salts, isomers, and salts of isomers is possible within the 
149.3   specific chemical designation:  
149.4      Mecloqualone; 
149.5      Flunitrazepam. 
149.6      (6) Unless specifically excepted or unless listed in 
149.7   another schedule, any material compound, mixture, or preparation 
149.8   which contains any quantity of the following substances having a 
149.9   stimulant effect on the central nervous system, including its 
149.10  salts, isomers, and salts of isomers whenever the existence of 
149.11  such salts, isomers, and salts of isomers is possible within the 
149.12  specific chemical designation: 
149.13  Cathinone; 
149.14  Methcathinone. 
149.15     Sec. 2.  Minnesota Statutes 2000, section 152.022, 
149.16  subdivision 1, is amended to read: 
149.17     Subdivision 1.  [SALE CRIMES.] A person is guilty of 
149.18  controlled substance crime in the second degree if: 
149.19     (1) on one or more occasions within a 90-day period the 
149.20  person unlawfully sells one or more mixtures of a total weight 
149.21  of three grams or more containing cocaine, heroin, or 
149.22  methamphetamine; 
149.23     (2) on one or more occasions within a 90-day period the 
149.24  person unlawfully sells one or more mixtures of a total weight 
149.25  of ten grams or more containing a narcotic drug other than 
149.26  cocaine, heroin, or methamphetamine; 
149.27     (3) on one or more occasions within a 90-day period the 
149.28  person unlawfully sells one or more mixtures of a total weight 
149.29  of ten grams or more containing amphetamine, phencyclidine, or 
149.30  hallucinogen or, if the controlled substance is packaged in 
149.31  dosage units, equaling 50 or more dosage units; 
149.32     (4) on one or more occasions within a 90-day period the 
149.33  person unlawfully sells one or more mixtures of a total weight 
149.34  of 25 kilograms or more containing marijuana or 
149.35  Tetrahydrocannabinols; 
149.36     (5) the person unlawfully sells any amount of a schedule I 
150.1   or II narcotic drug to a person under the age of 18, or 
150.2   conspires with or employs a person under the age of 18 to 
150.3   unlawfully sell the substance; or 
150.4      (6) the person unlawfully sells any of the following in a 
150.5   school zone, a park zone, a public housing zone, or a drug 
150.6   treatment facility: 
150.7      (i) any amount of a schedule I or II narcotic drug, or 
150.8   lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
150.9   amphetamine, or 3,4-methylenedioxymethamphetamine; 
150.10     (ii) one or more mixtures containing methamphetamine or 
150.11  amphetamine; or 
150.12     (iii) one or more mixtures of a total weight of five 
150.13  kilograms or more containing marijuana or Tetrahydrocannabinols. 
150.14     Sec. 3.  Minnesota Statutes 2000, section 152.023, 
150.15  subdivision 2, is amended to read: 
150.16     Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
150.17  controlled substance crime in the third degree if: 
150.18     (1) on one or more occasions within a 90-day period the 
150.19  person unlawfully possesses one or more mixtures of a total 
150.20  weight of three grams or more containing cocaine, heroin, or 
150.21  methamphetamine; 
150.22     (2) on one or more occasions within a 90-day period the 
150.23  person unlawfully possesses one or more mixtures of a total 
150.24  weight of ten grams or more containing a narcotic drug other 
150.25  than cocaine, heroin, or methamphetamine; 
150.26     (3) on one or more occasions within a 90-day period the 
150.27  person unlawfully possesses one or more mixtures containing a 
150.28  narcotic drug, it is packaged in dosage units, and equals 50 or 
150.29  more dosage units; 
150.30     (4) on one or more occasions within a 90-day period the 
150.31  person unlawfully possesses any amount of a schedule I or II 
150.32  narcotic drug or five or more dosage units of lysergic acid 
150.33  diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
150.34  3,4-methylenedioxymethamphetamine in a school zone, a park zone, 
150.35  a public housing zone, or a drug treatment facility; 
150.36     (5) on one or more occasions within a 90-day period the 
151.1   person unlawfully possesses one or more mixtures of a total 
151.2   weight of ten kilograms or more containing marijuana or 
151.3   Tetrahydrocannabinols; or 
151.4      (6) the person unlawfully possesses one or more mixtures 
151.5   containing methamphetamine or amphetamine in a school zone, a 
151.6   park zone, a public housing zone, or a drug treatment facility. 
151.7      Sec. 4.  Minnesota Statutes 2000, section 169A.03, 
151.8   subdivision 12, is amended to read: 
151.9      Subd. 12.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
151.10  which a person may be sentenced to imprisonment for not more 
151.11  than 90 days, or to payment of a fine of not more 
151.12  than $700 $1,000, or both. 
151.13     Sec. 5.  Minnesota Statutes 2000, section 343.20, is 
151.14  amended by adding a subdivision to read: 
151.15     Subd. 6.  [PET OR COMPANION ANIMAL.] "Pet or companion 
151.16  animal" includes any animal owned, possessed by, cared for, or 
151.17  controlled by a person for the present or future enjoyment of 
151.18  that person or another as a pet or companion, or any stray pet 
151.19  or stray companion animal. 
151.20     Sec. 6.  Minnesota Statutes 2000, section 343.20, is 
151.21  amended by adding a subdivision to read: 
151.22     Subd. 7.  [SERVICE ANIMAL.] "Service animal" means an 
151.23  animal trained to assist a person with a disability. 
151.24     Sec. 7.  Minnesota Statutes 2000, section 343.20, is 
151.25  amended by adding a subdivision to read: 
151.26     Subd. 8.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
151.27  harm" means bodily injury which involves a temporary but 
151.28  substantial disfigurement, or which causes a temporary but 
151.29  substantial loss or impairment of the function of any bodily 
151.30  member or organ, or which causes a fracture of any bodily member 
151.31  to a service animal or a pet or companion animal. 
151.32     Sec. 8.  Minnesota Statutes 2000, section 343.20, is 
151.33  amended by adding a subdivision to read: 
151.34     Subd. 9.  [GREAT BODILY HARM.] "Great bodily harm" means 
151.35  bodily injury which creates a high probability of death, or 
151.36  which causes serious permanent disfigurement, or which causes a 
152.1   permanent or protracted loss or impairment of the function of 
152.2   any bodily member or organ, or other serious bodily harm to a 
152.3   service animal or a pet or companion animal. 
152.4      Sec. 9.  Minnesota Statutes 2000, section 343.21, is 
152.5   amended by adding a subdivision to read: 
152.6      Subd. 8a.  [HARMING A SERVICE ANIMAL.] No person shall 
152.7   intentionally and without justification cause bodily harm to a 
152.8   service animal while it is providing service or while it is in 
152.9   the custody of the person it serves. 
152.10     Sec. 10.  Minnesota Statutes 2000, section 343.21, 
152.11  subdivision 9, is amended to read: 
152.12     Subd. 9.  [PENALTY.] (a) Except as otherwise provided in 
152.13  this subdivision, a person who fails to comply with any 
152.14  provision of this section is guilty of a misdemeanor.  A person 
152.15  convicted of a second or subsequent violation of subdivision 1 
152.16  or 7 within five years of a previous violation of subdivision 1 
152.17  or 7 is guilty of a gross misdemeanor. 
152.18     (b) A person who intentionally violates subdivision 1 or 7 
152.19  where the violation results in substantial bodily harm to a pet 
152.20  or companion animal may be sentenced to imprisonment for not 
152.21  more than one year or to payment of a fine of not more than 
152.22  $3,000, or both. 
152.23     (c) A person convicted of violating paragraph (b) within 
152.24  five years of a previous gross misdemeanor or felony conviction 
152.25  for violating this section may be sentenced to imprisonment for 
152.26  not more than two years or to payment of a fine of not more than 
152.27  $5,000, or both. 
152.28     (d) A person who intentionally violates subdivision 1 or 7 
152.29  where the violation results in death or great bodily harm to a 
152.30  pet or companion animal may be sentenced to imprisonment for not 
152.31  more than two years or to payment of a fine of not more than 
152.32  $5,000, or both.  
152.33     (e) A person who violates subdivision 8a where the 
152.34  violation results in substantial bodily harm to a service animal 
152.35  may be sentenced to imprisonment for not more than two years or 
152.36  to payment of a fine of not more than $5,000, or both. 
153.1      (f) A person who intentionally violates subdivision 1 or 7 
153.2   where the violation results in substantial bodily harm to a pet 
153.3   or companion animal, and the act is done to threaten, 
153.4   intimidate, or terrorize another person, may be sentenced to 
153.5   imprisonment for not more than two years or to payment of a fine 
153.6   of not more than $5,000, or both. 
153.7      (g) A person who violates subdivision 8a where the 
153.8   violation results in death or great bodily harm to a service 
153.9   animal may be sentenced to imprisonment for not more than four 
153.10  years or to payment of a fine of not more than $10,000, or both. 
153.11     (h) A person who intentionally violates subdivision 1 or 7 
153.12  where the violation results in death or great bodily harm to a 
153.13  pet or companion animal, and the act is done to threaten, 
153.14  intimidate, or terrorize another person, may be sentenced to 
153.15  imprisonment for not more than four years or to payment of a 
153.16  fine of not more than $10,000, or both.  
153.17     Sec. 11.  Minnesota Statutes 2000, section 343.21, 
153.18  subdivision 10, is amended to read: 
153.19     Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
153.20  violating this section, the court shall require that pet or 
153.21  companion animals, as defined in section 346.36, subdivision 6, 
153.22  that have not been seized by a peace officer or agent and are in 
153.23  the custody or control of the person must be turned over to a 
153.24  peace officer or other appropriate officer or agent unless the 
153.25  court determines that the person is able and fit to provide 
153.26  adequately for an animal.  If the evidence indicates lack of 
153.27  proper and reasonable care of an animal, the burden is on the 
153.28  person to affirmatively demonstrate by clear and convincing 
153.29  evidence that the person is able and fit to have custody of and 
153.30  provide adequately for an animal.  The court may limit the 
153.31  person's further possession or custody of pet or companion 
153.32  animals, and may impose other conditions the court considers 
153.33  appropriate, including, but not limited to: 
153.34     (1) imposing a probation period during which the person may 
153.35  not have ownership, custody, or control of a pet or companion 
153.36  animal; 
154.1      (2) requiring periodic visits of the person by an animal 
154.2   control officer or agent appointed pursuant to section 343.01, 
154.3   subdivision 1; 
154.4      (3) requiring performance by the person of community 
154.5   service in a humane facility; and 
154.6      (4) requiring the person to receive psychological, 
154.7   behavioral, or other counseling. 
154.8      Sec. 12.  Minnesota Statutes 2000, section 343.235, 
154.9   subdivision 1, is amended to read: 
154.10     Subdivision 1.  [GENERAL RULE.] An animal taken into 
154.11  custody under section 343.12, 343.22 or, 343.29, or 343.31 may 
154.12  be humanely disposed of at the discretion of the jurisdiction 
154.13  having custody of the animal ten days after the animal is taken 
154.14  into custody, provided that the procedures in subdivision 3 are 
154.15  followed.  An animal raised for food or fiber products may not 
154.16  be seized or disposed of without prior examination by a licensed 
154.17  veterinarian pursuant to a warrant issued by a judge.  
154.18     Sec. 13.  Minnesota Statutes 2000, section 343.235, 
154.19  subdivision 3, is amended to read: 
154.20     Subd. 3.  [NOTICE; RIGHT TO HEARING.] (a) The authority 
154.21  taking custody of an animal under section 343.12, 343.22 or, 
154.22  343.29, or 343.31 shall give notice of this section by 
154.23  delivering or mailing it to a person claiming an interest in the 
154.24  animal or by posting a copy of it at the place where the animal 
154.25  is taken into custody or by delivering it to a person residing 
154.26  on the property, and telephoning, if possible.  The notice must 
154.27  include: 
154.28     (1) a description of the animal seized; the authority and 
154.29  purpose for the seizure; the time, place, and circumstances 
154.30  under which the animal was seized; and the location, address, 
154.31  telephone number, and contact person where the animal is kept; 
154.32     (2) a statement that a person claiming an interest in the 
154.33  animal may post security to prevent disposition of the animal 
154.34  and may request a hearing concerning the seizure or impoundment 
154.35  and that failure to do so within ten days of the date of the 
154.36  notice will result in disposition of the animal; and 
155.1      (3) a statement that all actual costs of the care, keeping, 
155.2   and disposal of the animal are the responsibility of the person 
155.3   claiming an interest in the animal, except to the extent that a 
155.4   court or hearing officer finds that the seizure or impoundment 
155.5   was not substantially justified by law. 
155.6      The notice must also include a form that can be used by a 
155.7   person claiming an interest in the animal for requesting a 
155.8   hearing under this subdivision. 
155.9      (b) Upon request of a person claiming an interest in the 
155.10  animal, which request must be made within ten days of the date 
155.11  of seizure, a hearing must be held within five business days of 
155.12  the request, to determine the validity of the seizure and 
155.13  impoundment.  If the seizure was done pursuant to a warrant 
155.14  under section 343.22, the hearing must be conducted by the judge 
155.15  who issued the warrant.  If the seizure was done under 
155.16  section 343.12, 343.29, or 343.31, the municipality taking 
155.17  custody of the animal or, in the case of a humane society, the 
155.18  municipality from which the animal was seized, may either (1) 
155.19  authorize a licensed veterinarian with no financial interest in 
155.20  the matter or professional association with either party or (2) 
155.21  use the services of a hearing officer to conduct the hearing.  A 
155.22  person claiming an interest in the animal who is aggrieved by a 
155.23  decision of a hearing officer under this subdivision may seek a 
155.24  court order governing the seizure or impoundment within five 
155.25  days of notice of the order. 
155.26     (c) The judge or hearing officer may authorize the return 
155.27  of the animal, if the judge or hearing officer finds that: 
155.28     (1) the animal is physically fit; and 
155.29     (2) the person claiming an interest in the animal can and 
155.30  will provide the care required by law for the animal. 
155.31     (d) The person claiming an interest in the animal is liable 
155.32  for all actual costs of care, keeping, and disposal of the 
155.33  animal, except to the extent that a court or hearing officer 
155.34  finds that the seizure or impoundment was not substantially 
155.35  justified by law.  The costs must be paid in full or a mutually 
155.36  satisfactory arrangement for payment must be made between the 
156.1   municipality and the person claiming an interest in the animal 
156.2   before return of the animal to the person. 
156.3      Sec. 14.  Minnesota Statutes 2000, section 347.50, 
156.4   subdivision 1, is amended to read: 
156.5      Subdivision 1.  [TERMS.] For the purpose of sections 347.50 
156.6   to 347.54 347.56, the terms defined in this section have the 
156.7   meanings given them.  
156.8      Sec. 15.  Minnesota Statutes 2000, section 347.50, is 
156.9   amended by adding a subdivision to read: 
156.10     Subd. 6a.  [GREAT BODILY HARM.] "Great bodily harm" has the 
156.11  meaning given it under section 609.02, subdivision 8. 
156.12     Sec. 16. Minnesota Statutes 2000, section 347.51, 
156.13  subdivision 2, is amended to read: 
156.14     Subd. 2.  [REGISTRATION.] A county An animal control 
156.15  authority shall issue a certificate of registration to the owner 
156.16  of a dangerous dog if the owner presents sufficient evidence 
156.17  that:  
156.18     (1) a proper enclosure exists for the dangerous dog and a 
156.19  posting on the premises with a clearly visible warning sign, 
156.20  including a warning symbol to inform children, that there is a 
156.21  dangerous dog on the property; and 
156.22     (2) a surety bond issued by a surety company authorized to 
156.23  conduct business in this state in a form acceptable to the 
156.24  county animal control authority in the sum of at least $50,000, 
156.25  payable to any person injured by the dangerous dog, or a policy 
156.26  of liability insurance issued by an insurance company authorized 
156.27  to conduct business in this state in the amount of at least 
156.28  $50,000, insuring the owner for any personal injuries inflicted 
156.29  by the dangerous dog; 
156.30     (3) the owner has paid an annual fee of not more than $500, 
156.31  in addition to any regular dog licensing fees, to obtain a 
156.32  certificate of registration for a dangerous dog under this 
156.33  section; and 
156.34     (4) the owner has had microchip identification implanted in 
156.35  the dangerous dog as required under section 347.515. 
156.36     Sec. 17.  Minnesota Statutes 2000, section 347.51, is 
157.1   amended by adding a subdivision to read: 
157.2      Subd. 3a.  [DANGEROUS DOG DESIGNATION REVIEW.] Beginning 
157.3   six months after a dog is declared a dangerous dog, an owner may 
157.4   request annually that the animal control authority review the 
157.5   designation.  The owner must provide evidence that the dog's 
157.6   behavior has changed due to the dog's age, neutering, 
157.7   environment, completion of obedience training that includes 
157.8   modification of aggressive behavior, or other factors.  If the 
157.9   animal control authority finds sufficient evidence that the 
157.10  dog's behavior has changed, the authority may rescind the 
157.11  dangerous dog designation. 
157.12     Sec. 18.  Minnesota Statutes 2000, section 347.51, 
157.13  subdivision 9, is amended to read: 
157.14     Subd. 9.  [CONTRACTED SERVICES.] A county may contract with 
157.15  another political subdivision or other person to provide the 
157.16  services required under sections 347.50 to 
157.17  347.54.  Notwithstanding any contract entered into under this 
157.18  subdivision, all fees collected under sections 347.50 to 347.54 
157.19  shall be paid to the county and all certificates of registration 
157.20  must be issued in the name of the county. 
157.21     Sec. 19.  [347.515] [MICROCHIP IDENTIFICATION.] 
157.22     The owner of a dangerous or potentially dangerous dog must 
157.23  have a microchip implanted in the dog for identification, and 
157.24  the name of the microchip manufacturer and identification number 
157.25  of the microchip must be provided to the animal control 
157.26  authority.  If the microchip is not implanted by the owner, it 
157.27  may be implanted by the animal control authority.  In either 
157.28  case, all costs related to purchase and implantation of the 
157.29  microchip must be borne by the dog's owner. 
157.30     Sec. 20.  Minnesota Statutes 2000, section 347.52, is 
157.31  amended to read: 
157.32     347.52 [DANGEROUS DOGS; REQUIREMENTS.] 
157.33     (a) An owner of a dangerous dog shall keep the dangerous 
157.34  dog, while on the owner's property, in a proper enclosure.  If 
157.35  the dog is outside the proper enclosure, the dog must be muzzled 
157.36  and restrained by a substantial chain or leash and under the 
158.1   physical restraint of a responsible person.  The muzzle must be 
158.2   made in a manner that will prevent the dog from biting any 
158.3   person or animal but that will not cause injury to the dog or 
158.4   interfere with its vision or respiration. 
158.5      (b) An owner of a dangerous dog must renew the registration 
158.6   of the dog annually until the dog is deceased.  If the dog is 
158.7   removed from the jurisdiction, it must be registered as a 
158.8   dangerous dog in its new jurisdiction. 
158.9      (c) An owner of a dangerous dog must notify the animal 
158.10  control authority in writing of the death of the dog or its 
158.11  transfer to a new jurisdiction within 30 days of the death or 
158.12  transfer, and must, if requested by the animal control 
158.13  authority, execute an affidavit under oath setting forth either 
158.14  the circumstances of the dog's death and disposition or the 
158.15  complete name, address, and telephone number of the person to 
158.16  whom the dog has been transferred. 
158.17     (d) An animal control authority may require a dangerous dog 
158.18  to be sterilized at the owner's expense.  If the owner does not 
158.19  have the animal sterilized, the animal control authority may 
158.20  have the animal sterilized at the owner's expense. 
158.21     (e) A person who owns a dangerous dog and who rents 
158.22  property from another where the dog will reside must disclose to 
158.23  the property owner prior to entering the lease agreement and at 
158.24  the time of any lease renewal that the person owns a dangerous 
158.25  dog that will reside at the property. 
158.26     (f) A person who sells a dangerous dog must notify the 
158.27  purchaser that the animal control authority has identified the 
158.28  dog as dangerous.  The seller must also notify the animal 
158.29  control authority in writing of the sale and provide the animal 
158.30  control authority with the new owner's name, address, and 
158.31  telephone number. 
158.32     Sec. 21.  Minnesota Statutes 2000, section 347.55, is 
158.33  amended to read: 
158.34     347.55 [PENALTY.] 
158.35     (a) Any person who violates any provision of section 347.51 
158.36  or 347.52 is guilty of a misdemeanor. 
159.1      (b) It is a misdemeanor to remove a microchip from a 
159.2   dangerous or potentially dangerous dog, to fail to renew the 
159.3   registration of a dangerous dog, to fail to account for a 
159.4   dangerous dog's death or removal from the jurisdiction, to sign 
159.5   a false affidavit with respect to a dangerous dog's death or 
159.6   removal from the jurisdiction, or to fail to disclose ownership 
159.7   of a dangerous dog to a property owner from whom the person 
159.8   rents property. 
159.9      Sec. 22.  [347.56] [DESTRUCTION OF DOG IN CERTAIN 
159.10  CIRCUMSTANCES.] 
159.11     Notwithstanding sections 347.51 to 347.55, a dog that 
159.12  inflicted substantial or great bodily harm on a human being on 
159.13  public or private property without provocation may be destroyed 
159.14  in a proper and humane manner by the animal control authority.  
159.15  The animal control authority may not destroy the dog until the 
159.16  dog owner has had the opportunity for a hearing before an 
159.17  impartial decision maker. 
159.18     The definitions in section 347.50, and the exemptions under 
159.19  section 347.51, subdivision 5, apply to this section. 
159.20     Sec. 23.  Minnesota Statutes 2000, section 609.487, 
159.21  subdivision 4, is amended to read: 
159.22     Subd. 4.  [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 
159.23  Whoever flees or attempts to flee by means of a motor vehicle a 
159.24  peace officer who is acting in the lawful discharge of an 
159.25  official duty, and the perpetrator knows or should reasonably 
159.26  know the same to be a peace officer, and who in the course of 
159.27  fleeing causes the death of a human being not constituting 
159.28  murder or manslaughter or any bodily injury to any person other 
159.29  than the perpetrator may be sentenced to imprisonment as follows:
159.30     (a) If the course of fleeing results in death, to 
159.31  imprisonment for not more than ten 40 years or to payment of a 
159.32  fine of not more than $20,000 $80,000, or both; or 
159.33     (b) If the course of fleeing results in great bodily harm, 
159.34  to imprisonment for not more than seven years or to payment of a 
159.35  fine of not more than $14,000, or both; or 
159.36     (c) If the course of fleeing results in substantial bodily 
160.1   harm, to imprisonment for not more than five years or to payment 
160.2   of a fine of not more than $10,000, or both.  
160.3      Sec. 24.  Minnesota Statutes 2000, section 609.495, 
160.4   subdivision 1, is amended to read: 
160.5      Subdivision 1.  (a) Whoever harbors, conceals, or aids, or 
160.6   assists by word or acts another known by whom the actor to have 
160.7   knows or has reason to know has committed a felony crime under 
160.8   the laws of this or another state or of the United States with 
160.9   intent that such offender shall avoid or escape from arrest, 
160.10  trial, conviction, or punishment, may be sentenced to 
160.11  imprisonment for not more than three years or to payment of a 
160.12  fine of not more than $5,000, or both if the crime committed or 
160.13  attempted by the other person is a felony.  
160.14     (b) Whoever knowingly harbors, conceals, or aids a person 
160.15  who is on probation, parole, or supervised release because of a 
160.16  felony level conviction and for whom an arrest and detention 
160.17  order has been issued, with intent that the person evade or 
160.18  escape being taken into custody under the order, may be 
160.19  sentenced to imprisonment for not more than three years or to 
160.20  payment of a fine of not more than $5,000, or both.  As used in 
160.21  this paragraph, "arrest and detention order" means a written 
160.22  order to take and detain a probationer, parolee, or supervised 
160.23  releasee that is issued under section 243.05, subdivision 1; 
160.24  244.19, subdivision 4; or 401.02, subdivision 4. 
160.25     Sec. 25.  Minnesota Statutes 2000, section 609.495, 
160.26  subdivision 3, is amended to read: 
160.27     Subd. 3.  Whoever intentionally aids another person known 
160.28  by whom the actor to have knows or has reason to know has 
160.29  committed a criminal act, by destroying or concealing evidence 
160.30  of that crime, providing false or misleading information about 
160.31  that crime, receiving the proceeds of that crime, or otherwise 
160.32  obstructing the investigation or prosecution of that crime is an 
160.33  accomplice after the fact and may be sentenced to not more than 
160.34  one-half of the statutory maximum sentence of imprisonment or to 
160.35  payment of a fine of not more than one-half of the maximum fine 
160.36  that could be imposed on the principal offender for the crime of 
161.1   violence.  For purposes of this subdivision, "criminal act" 
161.2   means an act that is a crime listed in section 609.11, 
161.3   subdivision 9, under the laws of this or another state, or of 
161.4   the United States, and also includes an act that would be a 
161.5   criminal act if committed by an adult. 
161.6      Sec. 26.  Minnesota Statutes 2000, section 609.521, is 
161.7   amended to read: 
161.8      609.521 [POSSESSION OF SHOPLIFTING GEAR.] 
161.9      (a) As used in this section, an "electronic article 
161.10  surveillance system" means any electronic device or devices that 
161.11  are designed to detect the unauthorized removal of marked 
161.12  merchandise from a store. 
161.13     (b) Whoever has in possession any device, gear, or 
161.14  instrument specially designed to assist in shoplifting or 
161.15  defeating an electronic article surveillance system with intent 
161.16  to use the same to shoplift and thereby commit theft may be 
161.17  sentenced to imprisonment for not more than three years or to 
161.18  payment of a fine of not more than $5,000, or both. 
161.19     Sec. 27.  [609.652] [FRAUDULENT DRIVERS' LICENSES AND 
161.20  IDENTIFICATION CARDS; PENALTY.] 
161.21     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
161.22     (1) "driver's license or identification card" means a 
161.23  driver's license or identification card issued by the driver and 
161.24  vehicle services division of the department of public safety or 
161.25  receipts issued by its authorized agents or those of any state 
161.26  as defined in section 171.01 that issues licenses recognized in 
161.27  this state for the operation of a motor vehicle or that issues 
161.28  identification cards recognized in this state for the purpose of 
161.29  indicating a person's legal name and age; 
161.30     (2) "fraudulent driver's license or identification card" 
161.31  means a document purporting to be a driver's license or 
161.32  identification card, but that is not authentic; and 
161.33     (3) "sell" means to sell, barter, deliver, exchange, 
161.34  distribute, or dispose of to another. 
161.35     Subd. 2.  [CRIMINAL ACTS.] (a) A person who does any of the 
161.36  following for consideration and with intent to manufacture, 
162.1   sell, issue, publish, or pass more than one fraudulent driver's 
162.2   license or identification card or to cause or permit any of the 
162.3   items listed in clauses (1) to (5) to be used in forging or 
162.4   making more than one false or counterfeit driver's license or 
162.5   identification card is guilty of a crime: 
162.6      (1) has in control, custody, or possession any plate, 
162.7   block, press, stone, digital image, computer software program, 
162.8   encoding equipment, computer optical scanning equipment, or 
162.9   digital photo printer, or other implement, or any part of such 
162.10  an item, designed to assist in making a fraudulent driver's 
162.11  license or identification card; 
162.12     (2) engraves, makes, or amends, or begins to engrave, make, 
162.13  or amend, any plate, block, press, stone, or other implement for 
162.14  the purpose of producing a fraudulent driver's license or 
162.15  identification card; 
162.16     (3) uses a photocopier, digital camera, photographic image, 
162.17  or computer software to generate a fraudulent driver's license 
162.18  or identification card; 
162.19     (4) has in control, custody, or possession or makes or 
162.20  provides paper or other material adapted and designed for the 
162.21  making of a fraudulent driver's license or identification card; 
162.22  or 
162.23     (5) prints, photographs, or in any manner makes or executes 
162.24  an engraved photograph, print, or impression purporting to be a 
162.25  driver's license or identification card. 
162.26     (b) Notwithstanding section 171.22, a person who 
162.27  manufacturers or possesses more than one fraudulent driver's 
162.28  license or identification card with intent to sell is guilty of 
162.29  a crime. 
162.30     Subd. 3.  [PENALTIES.] A person who commits any act 
162.31  described in subdivision 2 is guilty of a gross misdemeanor.  A 
162.32  person convicted of a second or subsequent offense of this 
162.33  subdivision may be sentenced to imprisonment for not more than 
162.34  five years or to payment of a fine of not more than $10,000, or 
162.35  both. 
162.36     Sec. 28.  Minnesota Statutes 2000, section 617.247, 
163.1   subdivision 3, as amended by Laws 2001, chapter 197, section 4, 
163.2   is amended to read: 
163.3      Subd. 3.  [DISSEMINATION PROHIBITED.] (a) A person who 
163.4   disseminates pornographic work to an adult or a minor, knowing 
163.5   or with reason to know its content and character, is guilty of a 
163.6   felony and may be sentenced to imprisonment for not more than 
163.7   seven years and a fine of not more than $10,000 for a first 
163.8   offense and for not more than 15 years and a fine of not more 
163.9   than $20,000 for a second or subsequent offense. 
163.10     (b) Unless a longer statutory maximum period is specified 
163.11  in paragraph (a), A person who violates paragraph (a) is guilty 
163.12  of a felony and may be sentenced to imprisonment for not more 
163.13  than ten 15 years if the violation occurs when the person is a 
163.14  registered predatory offender under section 243.166. 
163.15     Sec. 29.  Minnesota Statutes 2000, section 629.471, 
163.16  subdivision 2, is amended to read: 
163.17     Subd. 2.  [QUADRUPLE FINE.] (a) For offenses under sections 
163.18  169.09, 169A.20, 171.24, paragraph (c) subdivision 5, 609.2231, 
163.19  subdivision 2, 609.487, and 609.525, the maximum cash bail that 
163.20  may be required for a person charged with a misdemeanor or gross 
163.21  misdemeanor violation is quadruple the highest cash fine that 
163.22  may be imposed for the offense.  
163.23     (b) Unless the court imposes the conditions of release 
163.24  specified in section 169A.44, the court must impose maximum bail 
163.25  when releasing a person from detention who has been charged with 
163.26  violating section 169A.20 if the person has three or more prior 
163.27  impaired driving convictions within the previous ten years.  As 
163.28  used in this subdivision, "prior impaired driving conviction" 
163.29  has the meaning given in section 169A.03. 
163.30     Sec. 30.  [REPEALER.] 
163.31     Minnesota Statutes 2000, section 347.51, subdivision 6, is 
163.32  repealed. 
163.33     Sec. 31.  [EFFECTIVE DATE.] 
163.34     Sections 1 to 30 are effective August 1, 2001.  Those 
163.35  provisions relating to crimes apply to crimes committed on or 
163.36  after that date. 
164.1                              ARTICLE 9 
164.2        PREDATORY OFFENDER REGISTRATION AND RELATED PROVISIONS
164.3      Section 1.  Minnesota Statutes 2000, section 243.166, 
164.4   subdivision 1, is amended to read: 
164.5      Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
164.6   register under this section if:  
164.7      (1) the person was charged with or petitioned for a felony 
164.8   violation of or attempt to violate any of the following, and 
164.9   convicted of or adjudicated delinquent for that offense or 
164.10  another offense arising out of the same set of circumstances: 
164.11     (i) murder under section 609.185, clause (2); or 
164.12     (ii) kidnapping under section 609.25; or 
164.13     (iii) criminal sexual conduct under section 609.342; 
164.14  609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
164.15     (iv) indecent exposure under section 617.23, subdivision 3; 
164.16  or 
164.17     (2) the person was charged with or petitioned for falsely 
164.18  imprisoning a minor in violation of section 609.255, subdivision 
164.19  2; soliciting a minor to engage in prostitution in violation of 
164.20  section 609.322 or 609.324; soliciting a minor to engage in 
164.21  sexual conduct in violation of section 609.352; using a minor in 
164.22  a sexual performance in violation of section 617.246; or 
164.23  possessing pornographic work involving a minor in violation of 
164.24  section 617.247, and convicted of or adjudicated delinquent for 
164.25  that offense or another offense arising out of the same set of 
164.26  circumstances; or 
164.27     (3) the person was convicted of a predatory crime as 
164.28  defined in section 609.108, and the offender was sentenced as a 
164.29  patterned sex offender or the court found on its own motion or 
164.30  that of the prosecutor that the crime was part of a predatory 
164.31  pattern of behavior that had criminal sexual conduct as its 
164.32  goal; or 
164.33     (4) the person was convicted of or adjudicated delinquent 
164.34  for, including pursuant to a court martial, violating a law of 
164.35  the United States, including the Uniform Code of Military 
164.36  Justice, similar to the offenses described in clause (1), (2), 
165.1   or (3). 
165.2      (b) A person also shall register under this section if: 
165.3      (1) the person was convicted of or adjudicated delinquent 
165.4   in another state for an offense that would be a violation of a 
165.5   law described in paragraph (a) if committed in this state; 
165.6      (2) the person enters the state to reside, or to work or 
165.7   attend school; and 
165.8      (3) ten years have not elapsed since the person was 
165.9   released from confinement or, if the person was not confined, 
165.10  since the person was convicted of or adjudicated delinquent for 
165.11  the offense that triggers registration, unless the person is 
165.12  subject to lifetime registration, in which case the person must 
165.13  register for life regardless of when the person was released 
165.14  from confinement, convicted, or adjudicated delinquent. 
165.15  For purposes of this paragraph: 
165.16     (i) "school" includes any public or private educational 
165.17  institution, including any secondary school, trade or 
165.18  professional institution, or institution of higher education, 
165.19  that the person is enrolled in on a full-time or part-time 
165.20  basis; and 
165.21     (ii) "work" includes employment that is full-time or 
165.22  part-time for a period of time exceeding 14 days or for an 
165.23  aggregate period of time exceeding 30 days during any calendar 
165.24  year, whether financially compensated, volunteered, or for the 
165.25  purpose of government or educational benefit. 
165.26     (c) A person also shall register under this section if the 
165.27  person was committed pursuant to a court commitment order under 
165.28  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
165.29  a similar law of another state or the United States, regardless 
165.30  of whether the person was convicted of any offense. 
165.31     (d) A person also shall register under this section if: 
165.32     (1) the person was charged with or petitioned for a felony 
165.33  violation or attempt to violate any of the offenses listed in 
165.34  paragraph (a), clause (1), or a similar law of another state or 
165.35  the United States, or the person was charged with or petitioned 
165.36  for a violation of any of the offenses listed in paragraph (a), 
166.1   clause (2), or a similar law of another state or the United 
166.2   States; 
166.3      (2) the person was found not guilty by reason of mental 
166.4   illness or mental deficiency after a trial for that offense, or 
166.5   found guilty but mentally ill after a trial for that offense, in 
166.6   states with a guilty but mentally ill verdict; and 
166.7      (3) the person was committed pursuant to a court commitment 
166.8   order under section 253B.18 or a similar law of another state or 
166.9   the United States. 
166.10     Sec. 2.  Minnesota Statutes 2000, section 243.166, 
166.11  subdivision 3, is amended to read: 
166.12     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
166.13  to register under this section shall register with the 
166.14  corrections agent as soon as the agent is assigned to the 
166.15  person.  If the person does not have an assigned corrections 
166.16  agent or is unable to locate the assigned corrections agent, the 
166.17  person shall register with the law enforcement agency that has 
166.18  jurisdiction in the area of the person's residence. 
166.19     (b) At least five days before the person starts living at a 
166.20  new primary address, including living in another state, the 
166.21  person shall give written notice of the new primary living 
166.22  address to the assigned corrections agent or to the law 
166.23  enforcement authority with which the person currently is 
166.24  registered.  If the person will be living in a new state and 
166.25  that state has a registration requirement, the person shall also 
166.26  give written notice of the new address to the designated 
166.27  registration agency in the new state.  The corrections agent or 
166.28  law enforcement authority shall, within two business days after 
166.29  receipt of this information, forward it to the bureau of 
166.30  criminal apprehension.  The bureau of criminal apprehension 
166.31  shall, if it has not already been done, notify the law 
166.32  enforcement authority having primary jurisdiction in the 
166.33  community where the person will live of the new address.  If the 
166.34  person is leaving the state, the bureau of criminal apprehension 
166.35  shall notify the registration authority in the new state of the 
166.36  new address.  If the person's obligation to register arose under 
167.1   subdivision 1, paragraph (b), the person's registration 
167.2   requirements under this section terminate when the person begins 
167.3   living in the new state. 
167.4      (c) A person required to register under subdivision 1, 
167.5   paragraph (b), because the person is working or attending school 
167.6   in Minnesota shall register with the law enforcement agency that 
167.7   has jurisdiction in the area where the person works or attends 
167.8   school.  In addition to other information required by this 
167.9   section, the person shall provide the address of the school or 
167.10  of the location where the person is employed.  A person must 
167.11  comply with this paragraph within five days of beginning 
167.12  employment or school.  A person's obligation to register under 
167.13  this paragraph terminates when the person is no longer working 
167.14  or attending school in Minnesota. 
167.15     (d) A person required to register under this section who 
167.16  works or attends school outside of Minnesota shall register as a 
167.17  predatory offender in the state where the person works or 
167.18  attends school.  The person's corrections agent, or if the 
167.19  person does not have an assigned corrections agent, the law 
167.20  enforcement authority that has jurisdiction in the area of the 
167.21  person's residence shall notify the person of this requirement. 
167.22     Sec. 3.  Minnesota Statutes 2000, section 243.166, 
167.23  subdivision 4a, is amended to read: 
167.24     Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
167.25  person required to register under this section shall provide to 
167.26  the corrections agent or law enforcement authority the following 
167.27  information: 
167.28     (1) the address of the person's primary residence; 
167.29     (2) the addresses of all the person's secondary 
167.30  residences in Minnesota, including all addresses used for 
167.31  residential or recreational purposes; 
167.32     (3) the addresses of all Minnesota property owned, leased, 
167.33  or rented by the person; 
167.34     (4) the addresses of all locations where the person is 
167.35  employed; 
167.36     (5) the addresses of all residences where the person 
168.1   resides while attending school; and 
168.2      (6) the year, model, make, license plate number, and color 
168.3   of all motor vehicles owned or regularly driven by the 
168.4   person.  "Motor vehicle" has the meaning given "vehicle" in 
168.5   section 169.01, subdivision 2. 
168.6      (b) The person shall report to the agent or authority the 
168.7   information required to be provided under paragraph (a), clauses 
168.8   (2) to (6), within five days of the date the clause becomes 
168.9   applicable.  If because of a change in circumstances a clause no 
168.10  longer applies to previously reported information, the person 
168.11  shall immediately inform the agent or authority that the 
168.12  information is no longer valid. 
168.13     Sec. 4.  Minnesota Statutes 2000, section 243.166, 
168.14  subdivision 6, is amended to read: 
168.15     Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
168.16  provisions of section 609.165, subdivision 1, and except as 
168.17  provided in paragraphs (b), (c), and (d), a person required to 
168.18  register under this section shall continue to comply with this 
168.19  section until ten years have elapsed since the person initially 
168.20  registered in connection with the offense, or until the 
168.21  probation, supervised release, or conditional release period 
168.22  expires, whichever occurs later.  For a person required to 
168.23  register under this section who is committed under section 
168.24  253B.18 or 253B.185, the ten-year registration period does not 
168.25  include the period of commitment. 
168.26     (b) If a person required to register under this section 
168.27  fails to register following a change in residence, the 
168.28  commissioner of public safety may require the person to continue 
168.29  to register for an additional period of five years.  This 
168.30  five-year period is added to the end of the offender's 
168.31  registration period.  
168.32     (c) If a person required to register under this section is 
168.33  subsequently incarcerated following a revocation of probation, 
168.34  supervised release, or conditional release for that offense, or 
168.35  a conviction for any new offense, the person shall continue to 
168.36  register until ten years have elapsed since the person was last 
169.1   released from incarceration or until the person's probation, 
169.2   supervised release, or conditional release period expires, 
169.3   whichever occurs later. 
169.4      (d) A person shall continue to comply with this section for 
169.5   the life of that person:  
169.6      (1) if the person is convicted of or adjudicated delinquent 
169.7   for any offense for which registration is required under 
169.8   subdivision 1, or any offense from another state or any federal 
169.9   offense similar to the offenses described in subdivision 1, and 
169.10  the person has a prior conviction or adjudication for an offense 
169.11  for which registration was required under subdivision 1, or an 
169.12  offense from another state or a federal offense similar to an 
169.13  offense described in subdivision 1; 
169.14     (2) if the person is required to register based upon a 
169.15  conviction or delinquency adjudication for an offense under 
169.16  section 609.185, clause (2), or a similar statute from another 
169.17  state or the United States; 
169.18     (3) if the person is required to register based upon a 
169.19  conviction for an offense under section 609.342, subdivision 1, 
169.20  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
169.21  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
169.22  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
169.23  subdivision 1, paragraph (a), (c), or (g); or a statute from 
169.24  another state or the United States similar to the offenses 
169.25  described in this clause; or 
169.26     (3) (4) if the person is required to register under 
169.27  subdivision 1, paragraph (c), following commitment pursuant to a 
169.28  court commitment under section 253B.185 or a similar law of 
169.29  another state or the United States. 
169.30     Sec. 5.  Minnesota Statutes 2000, section 243.167, 
169.31  subdivision 1, is amended to read: 
169.32     Subdivision 1.  [DEFINITION.] As used in this section, 
169.33  "crime against the person" means a violation of any of the 
169.34  following or a similar law of another state or of the United 
169.35  States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
169.36  609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4; 
170.1   609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 
170.2   609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 
170.3   1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 
170.4   felony-level violation of section 609.229; 609.377; 609.749; or 
170.5   624.713. 
170.6      Sec. 6.  Minnesota Statutes 2000, section 609.117, is 
170.7   amended to read: 
170.8      609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
170.9      Subdivision 1.  [UPON SENTENCING.] The court shall order an 
170.10  offender to provide a biological specimen for the purpose of DNA 
170.11  analysis as defined in section 299C.155 when: 
170.12     (1) the court sentences a person charged with violating or 
170.13  attempting to violate any of the following, and the person is 
170.14  convicted of that offense or of any offense arising out of the 
170.15  same set of circumstances: 
170.16     (i) murder under section 609.185, 609.19, or 609.195; 
170.17     (ii) manslaughter under section 609.20 or 609.205; 
170.18     (iii) assault under section 609.221, 609.222, or 609.223; 
170.19     (iv) robbery under section 609.24 or aggravated robbery 
170.20  under section 609.245; 
170.21     (v) kidnapping under section 609.25; 
170.22     (vi) false imprisonment under section 609.255; 
170.23     (vii) criminal sexual conduct under section 609.342, 
170.24  609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
170.25     (viii) incest under section 609.365; 
170.26     (ix) burglary under section 609.582, subdivision 1; or 
170.27     (x) indecent exposure under section 617.23, subdivision 3, 
170.28  clause (2); 
170.29     (2) the court sentences a person as a patterned sex 
170.30  offender under section 609.108; or 
170.31     (3) the juvenile court adjudicates a person a delinquent 
170.32  child who is the subject of a delinquency petition for violating 
170.33  or attempting to violate any of the following, and the 
170.34  delinquency adjudication is based on a violation of one of those 
170.35  sections or of any offense arising out of the same set of 
170.36  circumstances: 
171.1      (i) murder under section 609.185, 609.19, or 609.195; 
171.2      (ii) manslaughter under section 609.20 or 609.205; 
171.3      (iii) assault under section 609.221, 609.222, or 609.223; 
171.4      (iv) robbery under section 609.24 or aggravated robbery 
171.5   under section 609.245; 
171.6      (v) kidnapping under section 609.25; 
171.7      (vi) false imprisonment under section 609.255; 
171.8      (vii) criminal sexual conduct under section 609.342, 
171.9   609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
171.10     (viii) incest under section 609.365; 
171.11     (ix) burglary under section 609.582, subdivision 1; or 
171.12     (x) indecent exposure under section 617.23, subdivision 3, 
171.13  clause (2). 
171.14  The biological specimen or the results of the analysis shall be 
171.15  maintained by the bureau of criminal apprehension as provided in 
171.16  section 299C.155. 
171.17     Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
171.18  or local corrections authority shall order a person to provide a 
171.19  biological specimen for the purpose of DNA analysis before 
171.20  completion of the person's term of imprisonment when the person 
171.21  has not provided a biological specimen for the purpose of DNA 
171.22  analysis and the person: 
171.23     (1) was convicted of is currently serving a term of 
171.24  imprisonment for or has a past conviction for violating or 
171.25  attempting to violate any of the following or a similar law of 
171.26  another state or the United States or initially charged with 
171.27  violating one of the following sections or a similar law of 
171.28  another state or the United States and convicted of another 
171.29  offense arising out of the same set of circumstances: 
171.30     (i) murder under section 609.185, 609.19, or 609.195; 
171.31     (ii) manslaughter under section 609.20 or 609.205; 
171.32     (iii) assault under section 609.221, 609.222, or 609.223; 
171.33     (iv) robbery under section 609.24 or aggravated robbery 
171.34  under section 609.245; 
171.35     (v) kidnapping under section 609.25; 
171.36     (vi) false imprisonment under section 609.255; 
172.1      (vii) criminal sexual conduct under section 609.342, 
172.2   609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
172.3      (viii) incest under section 609.365; 
172.4      (ix) burglary under section 609.582, subdivision 1; or 
172.5      (x) indecent exposure under section 617.23, subdivision 3, 
172.6   clause (2); or 
172.7      (2) was sentenced as a patterned sex offender under section 
172.8   609.108, and committed to the custody of the commissioner of 
172.9   corrections; or 
172.10     (3) is serving a term of imprisonment in this state under a 
172.11  reciprocal agreement although convicted in another state of an 
172.12  offense described in this subdivision or a similar law of the 
172.13  United States or any other state.  The commissioner of 
172.14  corrections or local corrections authority shall forward the 
172.15  sample to the bureau of criminal apprehension. 
172.16     Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
172.17  accepts an offender from another state under the interstate 
172.18  compact authorized by section 243.16, the acceptance is 
172.19  conditional on the offender providing a biological specimen for 
172.20  the purposes of DNA analysis as defined in section 299C.155, if 
172.21  the offender was convicted of an offense described in 
172.22  subdivision 1 or a similar law of the United States or any other 
172.23  state.  The specimen must be provided under supervision of staff 
172.24  from the department of corrections or a community corrections 
172.25  act county within 15 business days after the offender reports to 
172.26  the supervising agent.  The cost of obtaining the biological 
172.27  specimen is the responsibility of the agency providing 
172.28  supervision.  
172.29     Sec. 7.  [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166, 
172.30  SUBDIVISION 10.] 
172.31     The original intent of the legislature in enacting 
172.32  Minnesota Statutes, section 243.166, subdivision 10, was to 
172.33  provide for a more uniform application of the predatory offender 
172.34  registration law.  Applying certain amendments to the law 
172.35  retroactively to certain offenders was intended to ease the 
172.36  administrative burden on agencies enforcing the law and better 
173.1   serve the policy underlying it.  The subdivision was not 
173.2   intended to act as a limitation on registration but rather, in 
173.3   some cases, as an expansion.  The intent in repealing this 
173.4   subdivision is to prevent a potential judicial misinterpretation 
173.5   of it that was neither intended nor contemplated by the 
173.6   legislature.  The repeal must not be construed as a substantive 
173.7   change in the application or scope of Minnesota Statutes, 
173.8   section 243.166. 
173.9      Sec. 8.  [REPEALER.] 
173.10     Minnesota Statutes 2000, section 243.166, subdivision 10, 
173.11  is repealed. 
173.12     Sec. 9.  [EFFECTIVE DATES.] 
173.13     (a) Sections 1 to 7 are effective the day following final 
173.14  enactment. 
173.15     (b) Section 8 is effective retroactively from April 4, 2000.
173.16                             ARTICLE 10
173.17                    DOMESTIC VIOLENCE PROVISIONS
173.18     Section 1.  Minnesota Statutes 2000, section 518B.01, 
173.19  subdivision 2, is amended to read: 
173.20     Subd. 2.  [DEFINITIONS.] As used in this section, the 
173.21  following terms shall have the meanings given them:  
173.22     (a) "Domestic abuse" means the following, if committed 
173.23  against a family or household member by a family or household 
173.24  member: 
173.25     (1) physical harm, bodily injury, or assault; 
173.26     (2) the infliction of fear of imminent physical harm, 
173.27  bodily injury, or assault; or 
173.28     (3) terroristic threats, within the meaning of section 
173.29  609.713, subdivision 1, or; criminal sexual conduct, within the 
173.30  meaning of section 609.342, 609.343, 609.344, or 609.345, or 
173.31  609.3451; or interference with an emergency call within the 
173.32  meaning of section 609.78, subdivision 2.  
173.33     (b) "Family or household members" means: 
173.34     (1) spouses and former spouses; 
173.35     (2) parents and children; 
173.36     (3) persons related by blood; 
174.1      (4) persons who are presently residing together or who have 
174.2   resided together in the past; 
174.3      (5) persons who have a child in common regardless of 
174.4   whether they have been married or have lived together at any 
174.5   time; 
174.6      (6) a man and woman if the woman is pregnant and the man is 
174.7   alleged to be the father, regardless of whether they have been 
174.8   married or have lived together at any time; and 
174.9      (7) persons involved in a significant romantic or sexual 
174.10  relationship. 
174.11     Issuance of an order for protection on the ground in clause 
174.12  (6) does not affect a determination of paternity under sections 
174.13  257.51 to 257.74.  In determining whether persons are or have 
174.14  been involved in a significant romantic or sexual relationship 
174.15  under clause (7), the court shall consider the length of time of 
174.16  the relationship; type of relationship; frequency of interaction 
174.17  between the parties; and, if the relationship has terminated, 
174.18  length of time since the termination. 
174.19     (c) "Qualified domestic violence-related offense" has the 
174.20  meaning given in section 609.02, subdivision 16. 
174.21     Sec. 2.  Minnesota Statutes 2000, section 518B.01, 
174.22  subdivision 3, is amended to read: 
174.23     Subd. 3.  [COURT JURISDICTION.] An application for relief 
174.24  under this section may be filed in the court having jurisdiction 
174.25  over dissolution actions, in the county of residence of either 
174.26  party, in the county in which a pending or completed family 
174.27  court proceeding involving the parties or their minor children 
174.28  was brought, or in the county in which the alleged domestic 
174.29  abuse occurred.  There are no residency requirements that apply 
174.30  to a petition for an order for protection.  In a jurisdiction 
174.31  which utilizes referees in dissolution actions, the court or 
174.32  judge may refer actions under this section to a referee to take 
174.33  and report the evidence in the action in the same manner and 
174.34  subject to the same limitations provided in section 518.13.  
174.35  Actions under this section shall be given docket priorities by 
174.36  the court. 
175.1      Sec. 3.  Minnesota Statutes 2000, section 518B.01, 
175.2   subdivision 6, is amended to read: 
175.3      Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
175.4   hearing, the court may provide relief as follows: 
175.5      (1) restrain the abusing party from committing acts of 
175.6   domestic abuse; 
175.7      (2) exclude the abusing party from the dwelling which the 
175.8   parties share or from the residence of the petitioner; 
175.9      (3) exclude the abusing party from a reasonable area 
175.10  surrounding the dwelling or residence, which area shall be 
175.11  described specifically in the order; 
175.12     (4) award temporary custody or establish temporary 
175.13  parenting time with regard to minor children of the parties on a 
175.14  basis which gives primary consideration to the safety of the 
175.15  victim and the children.  Except for cases in which custody is 
175.16  contested, findings under section 257.025, 518.17, or 518.175 
175.17  are not required.  If the court finds that the safety of the 
175.18  victim or the children will be jeopardized by unsupervised or 
175.19  unrestricted parenting time, the court shall condition or 
175.20  restrict parenting time as to time, place, duration, or 
175.21  supervision, or deny parenting time entirely, as needed to guard 
175.22  the safety of the victim and the children.  The court's decision 
175.23  on custody and parenting time shall in no way delay the issuance 
175.24  of an order for protection granting other relief provided for in 
175.25  this section.  The court must not enter a parenting plan under 
175.26  section 518.1705 as part of an action for an order for 
175.27  protection; 
175.28     (5) on the same basis as is provided in chapter 518, 
175.29  establish temporary support for minor children or a spouse, and 
175.30  order the withholding of support from the income of the person 
175.31  obligated to pay the support according to chapter 518; 
175.32     (6) provide upon request of the petitioner counseling or 
175.33  other social services for the parties, if married, or if there 
175.34  are minor children; 
175.35     (7) order the abusing party to participate in treatment or 
175.36  counseling services, including requiring the abusing party to 
176.1   successfully complete a domestic abuse counseling program or 
176.2   educational program under section 518B.10; 
176.3      (8) award temporary use and possession of property and 
176.4   restrain one or both parties from transferring, encumbering, 
176.5   concealing, or disposing of property except in the usual course 
176.6   of business or for the necessities of life, and to account to 
176.7   the court for all such transfers, encumbrances, dispositions, 
176.8   and expenditures made after the order is served or communicated 
176.9   to the party restrained in open court; 
176.10     (9) exclude the abusing party from the place of employment 
176.11  of the petitioner, or otherwise limit access to the petitioner 
176.12  by the abusing party at the petitioner's place of employment; 
176.13     (10) order the abusing party to pay restitution to the 
176.14  petitioner; 
176.15     (11) order the continuance of all currently available 
176.16  insurance coverage without change in coverage or beneficiary 
176.17  designation; and 
176.18     (12) order, in its discretion, other relief as it deems 
176.19  necessary for the protection of a family or household member, 
176.20  including orders or directives to the sheriff, constable, or 
176.21  other law enforcement or corrections officer as provided by this 
176.22  section. 
176.23     (b) Any relief granted by the order for protection shall be 
176.24  for a fixed period not to exceed one year, except when the court 
176.25  determines a longer fixed period is appropriate.  When a referee 
176.26  presides at the hearing on the petition, the order granting 
176.27  relief becomes effective upon the referee's signature. 
176.28     (c) An order granting the relief authorized in paragraph 
176.29  (a), clause (1), may not be vacated or modified in a proceeding 
176.30  for dissolution of marriage or legal separation, except that the 
176.31  court may hear a motion for modification of an order for 
176.32  protection concurrently with a proceeding for dissolution of 
176.33  marriage upon notice of motion and motion.  The notice required 
176.34  by court rule shall not be waived.  If the proceedings are 
176.35  consolidated and the motion to modify is granted, a separate 
176.36  order for modification of an order for protection shall be 
177.1   issued. 
177.2      (d) An order granting the relief authorized in paragraph 
177.3   (a), clause (2) or (3), is not voided by the admittance of the 
177.4   abusing party into the dwelling from which the abusing party is 
177.5   excluded. 
177.6      (e) If a proceeding for dissolution of marriage or legal 
177.7   separation is pending between the parties, the court shall 
177.8   provide a copy of the order for protection to the court with 
177.9   jurisdiction over the dissolution or separation proceeding for 
177.10  inclusion in its file. 
177.11     (f) An order for restitution issued under this subdivision 
177.12  is enforceable as civil judgment. 
177.13     Sec. 4.  Minnesota Statutes 2000, section 518B.01, 
177.14  subdivision 14, is amended to read: 
177.15     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
177.16  person who violates an order for protection issued by a judge or 
177.17  referee is subject to the penalties provided in paragraphs (b) 
177.18  to (d).  
177.19     (b) Except as otherwise provided in paragraphs (c) and (d), 
177.20  whenever an order for protection is granted by a judge or 
177.21  referee or pursuant to a similar law of another state, the 
177.22  United States, the District of Columbia, tribal lands, or United 
177.23  States territories, and the respondent or person to be 
177.24  restrained knows of the order, violation of the order for 
177.25  protection is a misdemeanor.  Upon a misdemeanor conviction 
177.26  under this paragraph, the defendant must be sentenced to a 
177.27  minimum of three days imprisonment and must be ordered to 
177.28  participate in counseling or other appropriate programs selected 
177.29  by the court.  If the court stays imposition or execution of the 
177.30  jail sentence and the defendant refuses or fails to comply with 
177.31  the court's treatment order, the court must impose and execute 
177.32  the stayed jail sentence.  A violation of an order for 
177.33  protection shall also constitute contempt of court and be 
177.34  subject to the penalties provided in chapter 588. 
177.35     (c) A person is guilty of a gross misdemeanor who knowingly 
177.36  violates this subdivision during the time period between a 
178.1   previous qualified domestic violence-related offense conviction 
178.2   under this subdivision; sections 609.221 to 609.224; 609.2242; 
178.3   609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
178.4   a similar law of another state, the District of Columbia, tribal 
178.5   lands, or United States territories; and the end of the five 
178.6   years following discharge from sentence for that 
178.7   conviction offense.  Upon a gross misdemeanor conviction under 
178.8   this paragraph, the defendant must be sentenced to a minimum of 
178.9   ten days imprisonment and must be ordered to participate in 
178.10  counseling or other appropriate programs selected by the court.  
178.11  Notwithstanding section 609.135, the court must impose and 
178.12  execute the minimum sentence provided in this paragraph for 
178.13  gross misdemeanor convictions. 
178.14     (d) A person is guilty of a felony and may be sentenced to 
178.15  imprisonment for not more than five years or to payment of a 
178.16  fine of not more than $10,000, or both, if the person knowingly 
178.17  violates this subdivision: 
178.18     (1) during the time period between the first of two or more 
178.19  previous qualified domestic violence-related offense convictions 
178.20  under this section or sections 609.221 to 609.224; 609.2242; 
178.21  609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
178.22  a similar law of another state, the District of Columbia, tribal 
178.23  lands, or United States territories; and the end of the five 
178.24  years following discharge from sentence for that 
178.25  conviction offense; or 
178.26     (2) while possessing a dangerous weapon, as defined in 
178.27  section 609.02, subdivision 6. 
178.28  Upon a felony conviction under this paragraph in which the court 
178.29  stays imposition or execution of sentence, the court shall 
178.30  impose at least a 30-day period of incarceration as a condition 
178.31  of probation.  The court also shall order that the defendant 
178.32  participate in counseling or other appropriate programs selected 
178.33  by the court.  Notwithstanding section 609.135, the court must 
178.34  impose and execute the minimum sentence provided in this 
178.35  paragraph for felony convictions. 
178.36     (e) A peace officer shall arrest without a warrant and take 
179.1   into custody a person whom the peace officer has probable cause 
179.2   to believe has violated an order granted pursuant to this 
179.3   section or a similar law of another state, the United States, 
179.4   the District of Columbia, tribal lands, or United States 
179.5   territories restraining the person or excluding the person from 
179.6   the residence or the petitioner's place of employment, even if 
179.7   the violation of the order did not take place in the presence of 
179.8   the peace officer, if the existence of the order can be verified 
179.9   by the officer.  The probable cause required under this 
179.10  paragraph includes probable cause that the person knowingly 
179.11  violated the order.  When the order is first served upon the 
179.12  person at a location at which, under the terms of the order, the 
179.13  person's presence constitutes a violation, the person shall not 
179.14  be arrested for violation of the order but shall be given a 
179.15  reasonable opportunity to leave the location in the presence of 
179.16  the peace officer.  A person arrested under this paragraph shall 
179.17  be held in custody for at least 36 hours, excluding the day of 
179.18  arrest, Sundays, and holidays, unless the person is released 
179.19  earlier by a judge or judicial officer.  A peace officer acting 
179.20  in good faith and exercising due care in making an arrest 
179.21  pursuant to this paragraph is immune from civil liability that 
179.22  might result from the officer's actions. 
179.23     (f) If the court finds that the respondent has violated an 
179.24  order for protection and that there is reason to believe that 
179.25  the respondent will commit a further violation of the provisions 
179.26  of the order restraining the respondent from committing acts of 
179.27  domestic abuse or excluding the respondent from the petitioner's 
179.28  residence, the court may require the respondent to acknowledge 
179.29  an obligation to comply with the order on the record.  The court 
179.30  may require a bond sufficient to deter the respondent from 
179.31  committing further violations of the order for protection, 
179.32  considering the financial resources of the respondent, and not 
179.33  to exceed $10,000.  If the respondent refuses to comply with an 
179.34  order to acknowledge the obligation or post a bond under this 
179.35  paragraph, the court shall commit the respondent to the county 
179.36  jail during the term of the order for protection or until the 
180.1   respondent complies with the order under this paragraph.  The 
180.2   warrant must state the cause of commitment, with the sum and 
180.3   time for which any bond is required.  If an order is issued 
180.4   under this paragraph, the court may order the costs of the 
180.5   contempt action, or any part of them, to be paid by the 
180.6   respondent.  An order under this paragraph is appealable.  
180.7      (g) Upon the filing of an affidavit by the petitioner, any 
180.8   peace officer, or an interested party designated by the court, 
180.9   alleging that the respondent has violated any order for 
180.10  protection granted pursuant to this section or a similar law of 
180.11  another state, the United States, the District of Columbia, 
180.12  tribal lands, or United States territories, the court may issue 
180.13  an order to the respondent, requiring the respondent to appear 
180.14  and show cause within 14 days why the respondent should not be 
180.15  found in contempt of court and punished therefor.  The hearing 
180.16  may be held by the court in any county in which the petitioner 
180.17  or respondent temporarily or permanently resides at the time of 
180.18  the alleged violation, or in the county in which the alleged 
180.19  violation occurred, if the petitioner and respondent do not 
180.20  reside in this state.  The court also shall refer the violation 
180.21  of the order for protection to the appropriate prosecuting 
180.22  authority for possible prosecution under paragraph (b), (c), or 
180.23  (d). 
180.24     (h) If it is alleged that the respondent has violated an 
180.25  order for protection issued under subdivision 6 or a similar law 
180.26  of another state, the United States, the District of Columbia, 
180.27  tribal lands, or United States territories, and the court finds 
180.28  that the order has expired between the time of the alleged 
180.29  violation and the court's hearing on the violation, the court 
180.30  may grant a new order for protection under subdivision 6 based 
180.31  solely on the respondent's alleged violation of the prior order, 
180.32  to be effective until the hearing on the alleged violation of 
180.33  the prior order.  If the court finds that the respondent has 
180.34  violated the prior order, the relief granted in the new order 
180.35  for protection shall be extended for a fixed period, not to 
180.36  exceed one year, except when the court determines a longer fixed 
181.1   period is appropriate. 
181.2      (i) The admittance into petitioner's dwelling of an abusing 
181.3   party excluded from the dwelling under an order for protection 
181.4   is not a violation by the petitioner of the order for protection.
181.5      A peace officer is not liable under section 609.43, clause 
181.6   (1), for a failure to perform a duty required by paragraph (e). 
181.7      (j) When a person is convicted under paragraph (b) or (c) 
181.8   of violating an order for protection and the court determines 
181.9   that the person used a firearm in any way during commission of 
181.10  the violation, the court may order that the person is prohibited 
181.11  from possessing any type of firearm for any period longer than 
181.12  three years or for the remainder of the person's life.  A person 
181.13  who violates this paragraph is guilty of a gross misdemeanor.  
181.14  At the time of the conviction, the court shall inform the 
181.15  defendant whether and for how long the defendant is prohibited 
181.16  from possessing a firearm and that it is a gross misdemeanor to 
181.17  violate this paragraph.  The failure of the court to provide 
181.18  this information to a defendant does not affect the 
181.19  applicability of the firearm possession prohibition or the gross 
181.20  misdemeanor penalty to that defendant. 
181.21     (k) Except as otherwise provided in paragraph (j), when a 
181.22  person is convicted under paragraph (b) or (c) of violating an 
181.23  order for protection, the court shall inform the defendant that 
181.24  the defendant is prohibited from possessing a pistol for three 
181.25  years from the date of conviction and that it is a gross 
181.26  misdemeanor offense to violate this prohibition.  The failure of 
181.27  the court to provide this information to a defendant does not 
181.28  affect the applicability of the pistol possession prohibition or 
181.29  the gross misdemeanor penalty to that defendant. 
181.30     (l) Except as otherwise provided in paragraph (j), a person 
181.31  is not entitled to possess a pistol if the person has been 
181.32  convicted under paragraph (b) or (c) after August 1, 1996, of 
181.33  violating an order for protection, unless three years have 
181.34  elapsed from the date of conviction and, during that time, the 
181.35  person has not been convicted of any other violation of this 
181.36  section.  Property rights may not be abated but access may be 
182.1   restricted by the courts.  A person who possesses a pistol in 
182.2   violation of this paragraph is guilty of a gross misdemeanor. 
182.3      (m) If the court determines that a person convicted under 
182.4   paragraph (b) or (c) of violating an order for protection owns 
182.5   or possesses a firearm and used it in any way during the 
182.6   commission of the violation, it shall order that the firearm be 
182.7   summarily forfeited under section 609.5316, subdivision 3. 
182.8      Sec. 5.  Minnesota Statutes 2000, section 518B.01, 
182.9   subdivision 18, is amended to read: 
182.10     Subd. 18.  [NOTICES.] Each order for protection granted 
182.11  under this chapter must contain a conspicuous notice to the 
182.12  respondent or person to be restrained that: 
182.13     (1) violation of an order for protection is either (i) a 
182.14  misdemeanor punishable by imprisonment for up to 90 days or a 
182.15  fine of up to $700, or both, (ii) a gross misdemeanor punishable 
182.16  by imprisonment of up to one year or a fine of up to $3,000, or 
182.17  both, or (iii) a felony punishable by imprisonment of up to five 
182.18  years or a fine of up to $10,000, or both; 
182.19     (2) the respondent is forbidden to enter or stay at the 
182.20  petitioner's residence, even if invited to do so by the 
182.21  petitioner or any other person; in no event is the order for 
182.22  protection voided; 
182.23     (3) a peace officer must arrest without warrant and take 
182.24  into custody a person whom the peace officer has probable cause 
182.25  to believe has violated an order for protection restraining the 
182.26  person or excluding the person from a residence; and 
182.27     (4) pursuant to the Violence Against Women Act of 1994, 
182.28  United States Code, title 18, section 2265, the order is 
182.29  enforceable in all 50 states, the District of Columbia, tribal 
182.30  lands, and United States territories, that violation of the 
182.31  order may also subject the respondent to federal charges and 
182.32  punishment under United States Code, title 18, sections 2261 and 
182.33  2262, and that if a final order is entered against the 
182.34  respondent after the hearing, the respondent may be prohibited 
182.35  from possessing, transporting, or accepting a firearm under the 
182.36  1994 amendment to the Gun Control Act, United States Code, title 
183.1   18, section 922(g)(8). 
183.2      Sec. 6.  [518B.10] [DOMESTIC ABUSE COUNSELING PROGRAM OR 
183.3   EDUCATIONAL PROGRAM REQUIRED.] 
183.4      Subdivision 1.  [COURT-ORDERED DOMESTIC ABUSE COUNSELING 
183.5   PROGRAM OR EDUCATIONAL PROGRAM.] If the court stays imposition 
183.6   or execution of a sentence for a domestic abuse offense and 
183.7   places the offender on probation, the court shall order that, as 
183.8   a condition of the stayed sentence, the offender participate in 
183.9   and successfully complete a domestic abuse counseling program or 
183.10  educational program. 
183.11     Subd. 2.  [STANDARDS FOR DOMESTIC ABUSE COUNSELING PROGRAMS 
183.12  AND DOMESTIC ABUSE EDUCATIONAL PROGRAMS.] (a) Domestic abuse 
183.13  counseling or educational programs that provide group or class 
183.14  sessions for court-ordered domestic abuse offenders must provide 
183.15  documentation to the probation department or the court on 
183.16  program policies and how the program meets the criteria 
183.17  contained in paragraphs (b) to (l). 
183.18     (b) Programs shall require offenders and abusing parties to 
183.19  attend a minimum of 24 sessions or 36 hours of programming, 
183.20  unless a probation agent has recommended fewer sessions.  The 
183.21  documentation provided to the probation department or the court 
183.22  must specify the length of the program that offenders are 
183.23  required to complete. 
183.24     (c) Programs must have a written policy requiring that 
183.25  counselors and facilitators report to the court and to the 
183.26  offender's probation or corrections officer any threats of 
183.27  violence made by the offender or abusing party, acts of violence 
183.28  by the offender or abusing party, violation of court orders by 
183.29  the offender or abusing party, and violation of program rules 
183.30  that resulted in the offender's or abusing party's termination 
183.31  from the program.  Programs shall have written policies 
183.32  requiring that counselors and facilitators hold offenders and 
183.33  abusing parties solely responsible for their behavior. 
183.34     Programs shall have written policies requiring that 
183.35  counselors and facilitators be violence free in their own lives. 
183.36     (d) Each program shall conduct an intake process with each 
184.1   offender or abusing party.  This intake process shall look for 
184.2   chemical dependency problems and possible risks the offender or 
184.3   abusing party might pose to self or others.  The program must 
184.4   have policies regarding referral of a chemically dependent 
184.5   offender or abusing party to a chemical dependency treatment 
184.6   center.  If the offender or abusing party poses a risk to self 
184.7   or others, the program shall report this information to the 
184.8   court, the probation or corrections officer, and the victim. 
184.9      (e) If the offender or abusing party is reported back to 
184.10  the court or is terminated from the program, the program shall 
184.11  notify the victim of the circumstances unless the victim 
184.12  requests otherwise. 
184.13     (f) Programs shall require court-ordered offenders and 
184.14  abusing parties to sign a release of information authorizing 
184.15  communication regarding the offender's or abusing party's 
184.16  progress in the program to the court, the offender's probation 
184.17  or corrections officer, other providers, and the victim.  The 
184.18  offender or abusing party may not enter the program if the 
184.19  offender does not sign a release. 
184.20     (g) If a counselor or facilitator contacts the victim, the 
184.21  counselor or facilitator must not elicit any information that 
184.22  the victim does not want to provide.  A counselor or facilitator 
184.23  who contacts a victim shall (1) notify the victim of the right 
184.24  not to provide any information, (2) notify the victim of how any 
184.25  information provided will be used and with whom it will be 
184.26  shared, and (3) obtain the victim's permission before eliciting 
184.27  information from the victim or sharing information with anyone 
184.28  other than staff of the counseling program. 
184.29     Programs shall have written policies requiring that 
184.30  counselors and facilitators inform victims of the 
184.31  confidentiality of information as provided by this subdivision.  
184.32  Programs must maintain separate files for information pertaining 
184.33  to the offender or abusing party and to the victim. 
184.34     If a counselor or facilitator contacts a victim, the 
184.35  counselor or facilitator shall provide the victim with referral 
184.36  information for support services. 
185.1      (h) Programs shall have written policies forbidding program 
185.2   staff from disclosing any confidential communication made by the 
185.3   offender or abusing party without the consent of the offender or 
185.4   abusing party, except that programs must warn a potential victim 
185.5   of imminent danger based upon information provided by an 
185.6   offender or abusing party. 
185.7      (i) The counseling program or educational program must 
185.8   provide services in a group setting, unless the offender or 
185.9   abusing party would be inappropriate in a group setting. 
185.10     Programs must provide separate sessions for male and female 
185.11  offenders and abusing parties. 
185.12     (j) Programs shall have written policies forbidding program 
185.13  staff from offering or referring marriage or couples counseling 
185.14  until the offender or abusing party has completed a domestic 
185.15  abuse counseling program or educational program for the minimum 
185.16  number of court-ordered sessions and the counselor or 
185.17  facilitator reasonably believes that the violence, intimidation, 
185.18  and coercion has ceased and the victim feels safe to participate.
185.19     (k) Programs must have written policies requiring that the 
185.20  counselor or facilitator report when the court-ordered offender 
185.21  or abusing party has completed the program to the court and the 
185.22  offender's probation or corrections officer. 
185.23     (l) Programs must have written policies to coordinate with 
185.24  the court, probation and corrections officers, battered women's 
185.25  and domestic abuse programs, child protection services, and 
185.26  other providers on promotion of victim safety and offender 
185.27  accountability. 
185.28     Subd. 3.  [PROGRAM ACCOUNTABILITY.] The Minnesota center 
185.29  for crime victim services will consult with domestic abuse 
185.30  counseling and educational programs, the court, probation 
185.31  departments, and the interagency task force on the prevention of 
185.32  domestic and sexual abuse on acceptable measures to ensure 
185.33  program accountability.  By December 30, 2001, the center shall 
185.34  make recommendations to the house and senate committees and 
185.35  divisions with jurisdiction over criminal justice policy and 
185.36  funding on agreed upon accountability measures including outcome 
186.1   studies. 
186.2      Sec. 7.  Minnesota Statutes 2000, section 609.02, is 
186.3   amended by adding a subdivision to read: 
186.4      Subd. 16.  [QUALIFIED DOMESTIC VIOLENCE-RELATED 
186.5   OFFENSE.] "Qualified domestic violence-related offense" includes 
186.6   the following offenses:  sections 518B.01, subdivision 14 
186.7   (violation of domestic abuse order for protection); 609.221 
186.8   (first-degree assault); 609.222 (second-degree assault); 609.223 
186.9   (third-degree assault); 609.2231 (fourth-degree assault); 
186.10  609.224 (fifth-degree assault); 609.2242 (domestic assault); 
186.11  609.342 (first-degree criminal sexual conduct); 609.343 
186.12  (second-degree criminal sexual conduct); 609.344 (third-degree 
186.13  criminal sexual conduct); 609.345 (fourth-degree criminal sexual 
186.14  conduct); 609.377 (malicious punishment of a child); 609.713 
186.15  (terroristic threats); 609.748, subdivision 6 (violation of 
186.16  harassment restraining order); and 609.749 
186.17  (harassment/stalking); and similar laws of other states, the 
186.18  United States, the District of Columbia, tribal lands, and 
186.19  United States territories. 
186.20     Sec. 8.  Minnesota Statutes 2000, section 609.224, 
186.21  subdivision 2, is amended to read: 
186.22     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
186.23  provisions of subdivision 1 against the same victim during the 
186.24  time period between a previous qualified domestic 
186.25  violence-related offense conviction or adjudication of 
186.26  delinquency under this section, sections 609.221 to 609.2231, 
186.27  609.2242, 609.342 to 609.345, 609.377, or 609.713, or any 
186.28  similar law of another state, and the end of the five years 
186.29  following discharge from sentence or disposition for 
186.30  that conviction or adjudication offense, is guilty of a gross 
186.31  misdemeanor and may be sentenced to imprisonment for not more 
186.32  than one year or to payment of a fine of not more than $3,000, 
186.33  or both.  
186.34     (b) Whoever violates the provisions of subdivision 1 within 
186.35  two years of a previous qualified domestic violence-related 
186.36  offense conviction or adjudication of delinquency under this 
187.1   section or sections 609.221 to 609.2231, 609.2242, 609.377, or 
187.2   609.713, or any similar law of another state, is guilty of a 
187.3   gross misdemeanor and may be sentenced to imprisonment for not 
187.4   more than one year or to payment of a fine of not more than 
187.5   $3,000, or both. 
187.6      (c) A caregiver, as defined in section 609.232, who is an 
187.7   individual and who violates the provisions of subdivision 1 
187.8   against a vulnerable adult, as defined in section 609.232, is 
187.9   guilty of a gross misdemeanor and may be sentenced to 
187.10  imprisonment for not more than one year or to payment of a fine 
187.11  of not more than $3,000, or both. 
187.12     Sec. 9.  Minnesota Statutes 2000, section 609.224, 
187.13  subdivision 4, is amended to read: 
187.14     Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
187.15  subdivision 1 against the same victim during the time period 
187.16  between the first of any combination of two or more 
187.17  previous qualified domestic violence-related offense convictions 
187.18  or adjudications of delinquency under this section or sections 
187.19  609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or 
187.20  609.713, or any similar law of another state, and the end of the 
187.21  five years following discharge from sentence or disposition for 
187.22  that conviction or adjudication offense is guilty of a felony 
187.23  and may be sentenced to imprisonment for not more than five 
187.24  years or payment of a fine of not more than $10,000, or both. 
187.25     (b) Whoever violates the provisions of subdivision 1 within 
187.26  three years of the first of any combination of two or more 
187.27  previous qualified domestic violence-related offense convictions 
187.28  or adjudications of delinquency under this section or sections 
187.29  609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any 
187.30  similar law of another state, is guilty of a felony and may be 
187.31  sentenced to imprisonment for not more than five years or to 
187.32  payment of a fine of not more than $10,000, or both. 
187.33     Sec. 10.  Minnesota Statutes 2000, section 609.2242, 
187.34  subdivision 2, is amended to read: 
187.35     Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
187.36  1 during the time period between a previous qualified domestic 
188.1   violence-related offense conviction or adjudication of 
188.2   delinquency under this section or sections 609.221 to 609.2231, 
188.3   609.224, 609.342 to 609.345, 609.377, or 609.713 , or any 
188.4   similar law of another state, against a family or household 
188.5   member as defined in section 518B.01, subdivision 2, and the end 
188.6   of the five years following discharge from sentence or 
188.7   disposition for that conviction or adjudication offense is 
188.8   guilty of a gross misdemeanor and may be sentenced to 
188.9   imprisonment for not more than one year or to payment of a fine 
188.10  of not more than $3,000, or both. 
188.11     Sec. 11.  Minnesota Statutes 2000, section 609.2242, 
188.12  subdivision 4, is amended to read: 
188.13     Subd. 4.  [FELONY.] Whoever violates the provisions of this 
188.14  section or section 609.224, subdivision 1, against the same 
188.15  victim during the time period between the first of any 
188.16  combination of two or more previous qualified domestic 
188.17  violence-related offense convictions or adjudications of 
188.18  delinquency under this section or sections 609.221 to 609.2231, 
188.19  609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar 
188.20  law of another state and the end of the five years following 
188.21  discharge from sentence or disposition for that conviction or 
188.22  adjudication offense is guilty of a felony and may be sentenced 
188.23  to imprisonment for not more than five years or payment of a 
188.24  fine of not more than $10,000, or both. 
188.25     Sec. 12.  Minnesota Statutes 2000, section 609.2244, 
188.26  subdivision 2, is amended to read: 
188.27     Subd. 2.  [REPORT.] (a) The department of corrections shall 
188.28  establish minimum standards for the report, including the 
188.29  circumstances of the offense, impact on the victim, the 
188.30  defendant's prior record, characteristics and history of alcohol 
188.31  and chemical use problems, and amenability to domestic abuse 
188.32  programs.  The report is classified as private data on 
188.33  individuals as defined in section 13.02, subdivision 12.  Victim 
188.34  impact statements are confidential. 
188.35     (b) The report must include: 
188.36     (1) a recommendation on any limitations on contact with the 
189.1   victim and other measures to ensure the victim's safety; 
189.2      (2) a recommendation for the defendant to enter and 
189.3   successfully complete domestic abuse programming and any 
189.4   aftercare found necessary by the investigation, including a 
189.5   specific recommendation for the defendant to complete a domestic 
189.6   abuse counseling program or domestic abuse educational program 
189.7   under section 518B.10; 
189.8      (3) a recommendation for chemical dependency evaluation and 
189.9   treatment as determined by the evaluation whenever alcohol or 
189.10  drugs were found to be a contributing factor to the offense; 
189.11     (4) recommendations for other appropriate remedial action 
189.12  or care or a specific explanation why no level of care or action 
189.13  is recommended; and 
189.14     (5) consequences for failure to abide by conditions set up 
189.15  by the court. 
189.16     Sec. 13.  Minnesota Statutes 2000, section 609.748, 
189.17  subdivision 6, is amended to read: 
189.18     Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) A person 
189.19  who violates a restraining order issued under this section is 
189.20  subject to the penalties provided in paragraphs (b) to (d).  
189.21     (b) Except as otherwise provided in paragraphs (c) and (d), 
189.22  when a temporary restraining order or a restraining order is 
189.23  granted under this section and the respondent knows of the 
189.24  order, violation of the order is a misdemeanor.  
189.25     (c) A person is guilty of a gross misdemeanor who knowingly 
189.26  violates the order during the time period between a 
189.27  previous qualified domestic violence-related offense conviction 
189.28  under this subdivision; sections 609.221 to 609.224; 609.2242; 
189.29  518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or 
189.30  609.749; and the end of the five years following discharge from 
189.31  sentence for that conviction offense.  
189.32     (d) A person is guilty of a felony and may be sentenced to 
189.33  imprisonment for not more than five years or to payment of a 
189.34  fine of not more than $10,000, or both, if the person knowingly 
189.35  violates the order:  
189.36     (1) during the time period between the first of two or more 
190.1   previous qualified domestic violence-related offense convictions 
190.2   under this subdivision or sections 518B.01, subdivision 14; 
190.3   609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
190.4   609.749; and the end of the five years following discharge from 
190.5   sentence for that conviction offense; 
190.6      (2) because of the victim's or another's actual or 
190.7   perceived race, color, religion, sex, sexual orientation, 
190.8   disability as defined in section 363.01, age, or national 
190.9   origin; 
190.10     (3) by falsely impersonating another; 
190.11     (4) while possessing a dangerous weapon; 
190.12     (5) with an intent to influence or otherwise tamper with a 
190.13  juror or a judicial proceeding or with intent to retaliate 
190.14  against a judicial officer, as defined in section 609.415, or a 
190.15  prosecutor, defense attorney, or officer of the court, because 
190.16  of that person's performance of official duties in connection 
190.17  with a judicial proceeding; or 
190.18     (6) against a victim under the age of 18, if the respondent 
190.19  is more than 36 months older than the victim. 
190.20     (e) A peace officer shall arrest without a warrant and take 
190.21  into custody a person whom the peace officer has probable cause 
190.22  to believe has violated an order issued under subdivision 4 or 5 
190.23  if the existence of the order can be verified by the officer.  
190.24     (f) A violation of a temporary restraining order or 
190.25  restraining order shall also constitute contempt of court. 
190.26     (g) Upon the filing of an affidavit by the petitioner, any 
190.27  peace officer, or an interested party designated by the court, 
190.28  alleging that the respondent has violated an order issued under 
190.29  subdivision 4 or 5, the court may issue an order to the 
190.30  respondent requiring the respondent to appear within 14 days and 
190.31  show cause why the respondent should not be held in contempt of 
190.32  court.  The court also shall refer the violation of the order to 
190.33  the appropriate prosecuting authority for possible prosecution 
190.34  under paragraph (b), (c), or (d). 
190.35     Sec. 14.  Minnesota Statutes 2000, section 609.748, 
190.36  subdivision 8, is amended to read: 
191.1      Subd. 8.  [NOTICE.] An order granted under this section 
191.2   must contain a conspicuous notice to the respondent: 
191.3      (1) of the specific conduct that will constitute a 
191.4   violation of the order; 
191.5      (2) that violation of an order is either (i) a misdemeanor 
191.6   punishable by imprisonment for up to 90 days or a fine of up to 
191.7   $700, or both, and that a subsequent violation is (ii) a gross 
191.8   misdemeanor punishable by imprisonment for up to one year or a 
191.9   fine of up to $3,000, or both, or (iii) a felony punishable by 
191.10  imprisonment for up to five years or a fine of up to $10,000, or 
191.11  both; and 
191.12     (3) that a peace officer must arrest without warrant and 
191.13  take into custody a person if the peace officer has probable 
191.14  cause to believe the person has violated a restraining order. 
191.15     Sec. 15.  Minnesota Statutes 2000, section 609.749, 
191.16  subdivision 4, is amended to read: 
191.17     Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
191.18  person is guilty of a felony who violates any provision of 
191.19  subdivision 2 during the time period between a 
191.20  previous qualified domestic violence-related offense conviction 
191.21  or adjudication of delinquency under this section; sections 
191.22  609.221 to 609.2242; 518B.01, subdivision 14; 609.748, 
191.23  subdivision 6; or 609.713, subdivision 1 or 3; or a similar law 
191.24  from another state and the end of the ten years following 
191.25  discharge from sentence or disposition for that conviction or 
191.26  adjudication offense. 
191.27     Sec. 16.  Minnesota Statutes 2000, section 609.749, 
191.28  subdivision 5, is amended to read: 
191.29     Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
191.30  engages in a pattern of harassing conduct with respect to a 
191.31  single victim or one or more members of a single household which 
191.32  the actor knows or has reason to know would cause the victim 
191.33  under the circumstances to feel terrorized or to fear bodily 
191.34  harm and which does cause this reaction on the part of the 
191.35  victim, is guilty of a felony and may be sentenced to 
191.36  imprisonment for not more than ten years or to payment of a fine 
192.1   of not more than $20,000, or both. 
192.2      (b) For purposes of this subdivision, a "pattern of 
192.3   harassing conduct" means two or more acts within a five-year 
192.4   period that violate the provisions of any of the following or a 
192.5   similar law of another state, the United States, the District of 
192.6   Columbia, tribal lands, or United States territories: 
192.7      (1) this section; 
192.8      (2) section 609.713; 
192.9      (3) section 609.224; 
192.10     (4) section 609.2242; 
192.11     (5) section 518B.01, subdivision 14; 
192.12     (6) section 609.748, subdivision 6; 
192.13     (7) section 609.605, subdivision 1, paragraph (b), clauses 
192.14  (3), (4), and (7); 
192.15     (8) section 609.79; 
192.16     (9) section 609.795; 
192.17     (10) section 609.582; 
192.18     (11) section 609.595; or 
192.19     (12) section 609.765. 
192.20     (c) When acts constituting a violation of this subdivision 
192.21  are committed in two or more counties, the accused may be 
192.22  prosecuted in any county in which one of the acts was committed 
192.23  for all acts constituting the pattern. 
192.24     Sec. 17.  Minnesota Statutes 2000, section 611A.201, 
192.25  subdivision 2, is amended to read: 
192.26     Subd. 2.  [DIRECTOR'S RESPONSIBILITIES.] The director shall 
192.27  have the following duties: 
192.28     (1) advocate for the rights of victims of domestic violence 
192.29  and sexual assault; 
192.30     (2) increase public education and visibility about the 
192.31  prevention of domestic violence and sexual assault; 
192.32     (3) encourage accountability regarding domestic violence 
192.33  and sexual assault at all levels of the system, and develop 
192.34  recommendations to improve accountability when the system fails; 
192.35     (4) support prosecution and civil litigation efforts 
192.36  regarding domestic violence and sexual assault at the federal 
193.1   and state levels; 
193.2      (5) study issues involving domestic violence and sexual 
193.3   assault as they pertain to both men and women and present 
193.4   findings and recommendations resulting from these studies to all 
193.5   branches of government; 
193.6      (6) initiate policy changes regarding domestic violence and 
193.7   sexual assault at all levels of government; 
193.8      (6) (7) coordinate existing resources and promote 
193.9   coordinated and immediate community responses to better serve 
193.10  victims of domestic violence and sexual assault; 
193.11     (7) (8) build partnerships among law enforcement, 
193.12  prosecutors, defenders, advocates, and courts to reduce the 
193.13  occurrence of domestic violence and sexual assault; 
193.14     (8) (9) encourage and support the efforts of health care 
193.15  providers, mental health experts, employers, educators, clergy 
193.16  members, and others, in raising awareness of and addressing how 
193.17  to prevent domestic violence and sexual assault; 
193.18     (9) (10) coordinate and maximize the use of federal, state, 
193.19  and local resources available to prevent domestic violence and 
193.20  sexual assault and leverage more resources through grants and 
193.21  private funding; and 
193.22     (10) (11) serve as a liaison between the executive director 
193.23  of the center for crime victim services and the commissioner of 
193.24  health with regard to the department of health's sexual violence 
193.25  prevention program funded by federal block grants, and oversee 
193.26  how this money is spent. 
193.27     Sec. 18.  Minnesota Statutes 2000, section 629.72, is 
193.28  amended to read: 
193.29     629.72 [BAIL IN CASES OF DOMESTIC ASSAULT OR ABUSE, 
193.30  HARASSMENT, VIOLATION OF AN ORDER FOR PROTECTION, OR VIOLATION 
193.31  OF A DOMESTIC ABUSE NO CONTACT ORDER.] 
193.32     Subdivision 1.  [DEFINITION; ALLOWING DETENTION IN LIEU OF 
193.33  CITATION; RELEASE DEFINITIONS.] (a) For purposes of this 
193.34  section, the following terms have the meanings given them.  
193.35     (b) "Domestic abuse" has the meaning given in section 
193.36  518B.01, subdivision 2. 
194.1      (c) "Harassment" has the meaning given in section 609.749. 
194.2      (d) "Violation of a domestic abuse no contact order" has 
194.3   the meaning given in section 518B.01, subdivision 22. 
194.4      (e) "Violation of an order for protection" has the meaning 
194.5   given in section 518B.01, subdivision 14. 
194.6      (b)  Subd. 1a.  [ALLOWING DETENTION IN LIEU OF CITATION; 
194.7   RELEASE.] (a) Notwithstanding any other law or rule, an 
194.8   arresting officer may not issue a citation in lieu of arrest and 
194.9   detention to an individual charged with harassment or charged 
194.10  with, domestic abuse, violation of an order for protection, or 
194.11  violation of a domestic abuse no contact order. 
194.12     (c) (b) Notwithstanding any other law or rule, an 
194.13  individual who is arrested on a charge of harassing any 
194.14  person or of, domestic abuse, violation of an order for 
194.15  protection, or violation of a domestic abuse no contact order, 
194.16  must be brought to the police station or county jail.  The 
194.17  officer in charge of the police station or the county sheriff in 
194.18  charge of the jail shall issue a citation in lieu of continued 
194.19  detention unless it reasonably appears to the officer or sheriff 
194.20  that detention is necessary to prevent bodily harm to the 
194.21  arrested person or another, or there is a substantial likelihood 
194.22  the arrested person will fail to respond to a citation release 
194.23  of the person (1) poses a threat to the alleged victim or 
194.24  another family or household member, (2) poses a threat to public 
194.25  safety, or (3) involves a substantial likelihood the arrested 
194.26  person will fail to appear at subsequent proceedings. 
194.27     (d) (c) If the arrested person is not issued a citation by 
194.28  the officer in charge of the police station or the county 
194.29  sheriff, the arrested person must be brought before the nearest 
194.30  available judge of the district court in the county in which the 
194.31  alleged harassment or, domestic abuse, violation of an order for 
194.32  protection, or violation of a domestic abuse no contact order 
194.33  took place without unnecessary delay as provided by court rule. 
194.34     Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
194.35  before whom the arrested person is brought shall review the 
194.36  facts surrounding the arrest and detention of a person arrested 
195.1   for domestic abuse, harassment, violation of an order for 
195.2   protection, or violation of a domestic abuse no contact order.  
195.3   The prosecutor or other appropriate person prosecutor's designee 
195.4   shall present relevant information involving the victim's or the 
195.5   victim's family's account of the alleged crime to the judge to 
195.6   be considered in determining the arrested person's release.  The 
195.7   arrested person must be ordered released pending trial or 
195.8   hearing on the person's personal recognizance or on an order to 
195.9   appear or upon the execution of an unsecured bond in a specified 
195.10  amount unless the judge determines that release (1) will be 
195.11  inimical to public safety, (2) will create a threat of bodily 
195.12  harm to the arrested person, the victim of the alleged 
195.13  harassment or domestic abuse, or another, or (3) will not 
195.14  reasonably assure the appearance of the arrested person at 
195.15  subsequent proceedings.  In making a decision concerning 
195.16  pretrial release conditions of a person arrested for domestic 
195.17  abuse, harassment, violation of an order for protection, or 
195.18  violation of a domestic abuse no contact order, the judge shall 
195.19  review the facts of the arrest and detention of the person and 
195.20  determine whether:  (1) release of the person poses a threat to 
195.21  the alleged victim, another family or household member, or 
195.22  public safety; or (2) there is a substantial likelihood the 
195.23  person will fail to appear at subsequent proceedings.  Before 
195.24  releasing a person arrested for or charged with a crime of 
195.25  domestic abuse, harassment, violation of an order for 
195.26  protection, or violation of a domestic abuse no contact order, 
195.27  the judge shall make findings on the record, to the extent 
195.28  possible, concerning the determination made in accordance with 
195.29  the factors specified in clauses (1) and (2).  
195.30     (b) The judge may impose conditions of release or bail, or 
195.31  both, on the person to protect the alleged victim or other 
195.32  family or household members and to ensure the appearance of the 
195.33  person at subsequent proceedings.  These conditions may include 
195.34  an order: 
195.35     (1) enjoining the person from threatening to commit or 
195.36  committing acts of domestic abuse or harassment against the 
196.1   alleged victim or other family or household members or from 
196.2   violating an order for protection or a domestic abuse no contact 
196.3   order; 
196.4      (2) prohibiting the person from harassing, annoying, 
196.5   telephoning, contacting, or otherwise communicating with the 
196.6   alleged victim, either directly or indirectly; 
196.7      (3) directing the person to vacate or stay away from the 
196.8   home of the alleged victim and to stay away from any other 
196.9   location where the alleged victim is likely to be; 
196.10     (4) prohibiting the person from possessing a firearm or 
196.11  other weapon specified by the court; 
196.12     (5) prohibiting the person from possessing or consuming 
196.13  alcohol or controlled substances; and 
196.14     (6) specifying any other matter required to protect the 
196.15  safety of the alleged victim and to ensure the appearance of the 
196.16  person at subsequent proceedings.  
196.17     (b) If the judge determines release is not advisable, the 
196.18  judge may impose any conditions of release that will reasonably 
196.19  assure the appearance of the person for subsequent proceedings, 
196.20  or will protect the victim of the alleged harassment or domestic 
196.21  abuse, or may fix the amount of money bail without other 
196.22  conditions upon which the arrested person may obtain release.  
196.23     (c) If conditions of release are imposed, the judge shall 
196.24  issue a written order for conditional release.  The court 
196.25  administrator shall immediately distribute a copy of the order 
196.26  for conditional release to the agency having custody of the 
196.27  arrested person and shall provide the agency having custody of 
196.28  the arrested person with any available information on the 
196.29  location of the victim in a manner that protects the victim's 
196.30  safety.  Either the court or its designee or the agency having 
196.31  custody of the arrested person shall serve upon the defendant a 
196.32  copy of the order.  Failure to serve the arrested person with a 
196.33  copy of the order for conditional release does not invalidate 
196.34  the conditions of release. 
196.35     (c) (d) If the judge imposes as a condition of release a 
196.36  requirement that the person have no contact with the alleged 
197.1   victim of the alleged harassment or domestic abuse, the judge 
197.2   may also, on its own motion or that of the prosecutor or on 
197.3   request of the victim, issue an ex parte temporary restraining 
197.4   order under section 609.748, subdivision 4, or an ex parte 
197.5   temporary order for protection under section 518B.01, 
197.6   subdivision 7.  Notwithstanding section 518B.01, subdivision 7, 
197.7   paragraph (b), or 609.748, subdivision 4, paragraph (c), the 
197.8   temporary order is effective until the defendant is convicted or 
197.9   acquitted, or the charge is dismissed, provided that upon 
197.10  request the defendant is entitled to a full hearing on the 
197.11  restraining order under section 609.748, subdivision 5, or on 
197.12  the order for protection under section 518B.01.  The hearing 
197.13  must be held within seven days of the defendant's request. 
197.14     Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
197.15  PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
197.16  adopted standards governing electronic monitoring devices used 
197.17  to protect victims of domestic abuse, the court, as a condition 
197.18  of release, may not order a person arrested for a crime 
197.19  described in section 609.135, subdivision 5a, paragraph (b), to 
197.20  use an electronic monitoring device to protect a victim's safety.
197.21     (b) Notwithstanding paragraph (a), district courts in the 
197.22  tenth judicial district may order, as a condition of a release, 
197.23  a person arrested on a charge of a crime described in section 
197.24  609.135, subdivision 5a, paragraph (b), to use an electronic 
197.25  monitoring device to protect the victim's safety.  The courts 
197.26  shall make data on the use of electronic monitoring devices to 
197.27  protect a victim's safety in the tenth judicial district 
197.28  available to the commissioner of corrections to evaluate and to 
197.29  aid in development of standards for the use of devices to 
197.30  protect victims of domestic abuse.  
197.31     Subd. 3.  [RELEASE.] If the arrested person is not issued a 
197.32  citation by the officer in charge of the police station or the 
197.33  county sheriff pursuant to subdivision 1, and is not brought 
197.34  before a judge within the time limits prescribed by court rule, 
197.35  the arrested person shall be released by the arresting 
197.36  authorities, and a citation must be issued in lieu of continued 
198.1   detention. 
198.2      Subd. 4.  [SERVICE OF RESTRAINING ORDER OR ORDER FOR 
198.3   PROTECTION.] If a restraining order is issued under section 
198.4   609.748 or an order for protection is issued under section 
198.5   518B.01 while the arrested person is still in detention, the 
198.6   order must be served upon the arrested person during detention 
198.7   if possible. 
198.8      Subd. 5.  [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 
198.9   who released the arrested person shall issue a warrant directing 
198.10  that the person be arrested and taken immediately before the 
198.11  judge, if the judge: 
198.12     (1) receives an application alleging that the arrested 
198.13  person has violated the conditions of release; and 
198.14     (2) finds that probable cause exists to believe that the 
198.15  conditions of release have been violated. 
198.16     Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
198.17  (a) Immediately after issuance of a citation in lieu of 
198.18  continued detention under subdivision 1, or the entry of an 
198.19  order for release under subdivision 2, but before the arrested 
198.20  person is released, the agency having custody of the arrested 
198.21  person or its designee must make a reasonable and good faith 
198.22  effort to inform orally the alleged victim, local law 
198.23  enforcement agencies known to be involved in the case, if 
198.24  different from the agency having custody, and, at the victim's 
198.25  request any local battered women's and domestic abuse programs 
198.26  established under section 611A.32 or sexual assault programs of: 
198.27     (1) the conditions of release, if any; 
198.28     (2) the time of release; 
198.29     (3) the time, date, and place of the next scheduled court 
198.30  appearance of the arrested person and the victim's right to be 
198.31  present at the court appearance; and 
198.32     (4) if the arrested person is charged with domestic abuse, 
198.33  the location and telephone number of the area battered women's 
198.34  shelter as designated by the department of corrections. 
198.35     (b) As soon as practicable after an order for conditional 
198.36  release is entered, the agency having custody of the arrested 
199.1   person or its designee must personally deliver or mail to the 
199.2   alleged victim a copy of the written order and written notice of 
199.3   the information in paragraph (a), clauses (2) and (3). 
199.4      Subd. 7.  [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 
199.5   person arrested for or a juvenile detained for domestic assault 
199.6   or harassment is scheduled to be reviewed under subdivision 2 
199.7   for release from pretrial detention, the court shall make a 
199.8   reasonable good faith effort to notify:  (1) the victim of the 
199.9   alleged crime; (2) if the victim is incapacitated or deceased, 
199.10  the victim's family; and (3) if the victim is a minor, the 
199.11  victim's parent or guardian.  The notification must include: 
199.12     (a) the date and approximate time of the review; 
199.13     (b) the location where the review will occur; 
199.14     (c) the name and telephone number of a person that can be 
199.15  contacted for additional information; and 
199.16     (d) a statement that the victim and the victim's family may 
199.17  attend the review. 
199.18     Sec. 19.  [STUDY; INTERAGENCY TASK FORCE ON DOMESTIC 
199.19  VIOLENCE AND SEXUAL ASSAULT PREVENTION.] 
199.20     The interagency task force on domestic violence and sexual 
199.21  assault prevention is directed to study issues related to gender 
199.22  and domestic violence and to assess the needs of male victims of 
199.23  domestic violence including false assault accusations.  By 
199.24  January 15, 2002, the director of prevention of domestic 
199.25  violence and sexual assault shall report to the chairs and 
199.26  ranking minority members of the house and senate committees with 
199.27  jurisdiction over criminal justice policy and funding on the 
199.28  task force's study, findings, and recommendations. 
199.29     Sec. 20.  [REPEALER.] 
199.30     Minnesota Statutes 2000, section 609.2244, subdivision 4, 
199.31  is repealed. 
199.32     Sec. 21.  [EFFECTIVE DATES.] 
199.33     The sections of this article pertaining to crimes are 
199.34  effective August 1, 2001, and apply to crimes committed on or 
199.35  after that date.  The remaining sections are effective July 1, 
199.36  2001. 
200.1                              ARTICLE 11 
200.2               FELONY DRIVING WHILE IMPAIRED PROVISIONS 
200.3      Section 1.  Minnesota Statutes 2000, section 169A.07, is 
200.4   amended to read: 
200.5      169A.07 [FIRST-TIME DWI VIOLATOR; OFF-ROAD RECREATIONAL 
200.6   VEHICLE OR MOTORBOAT.] 
200.7      A person who violates section 169A.20 (driving while 
200.8   impaired) while using an off-road recreational vehicle or 
200.9   motorboat and who does not have a qualified prior impaired 
200.10  driving incident is subject only to the criminal penalty 
200.11  provided in section 169A.25 (first-degree second-degree driving 
200.12  while impaired), 169A.26 (second-degree third-degree driving 
200.13  while impaired), or 169A.27 (third-degree fourth-degree driving 
200.14  while impaired); and loss of operating privileges as provided in 
200.15  section 84.91, subdivision 1 (operation of snowmobiles or 
200.16  all-terrain vehicles by persons under the influence of alcohol 
200.17  or controlled substances), or 86B.331, subdivision 1 (operation 
200.18  of motorboats while using alcohol or with a physical or mental 
200.19  disability), whichever is applicable.  The person is not subject 
200.20  to the provisions of section 169A.275, subdivision 5, 
200.21  (submission to the level of care recommended in chemical use 
200.22  assessment for repeat offenders and offenders with alcohol 
200.23  concentration of 0.20 or more); 169A.277 (long-term monitoring); 
200.24  169A.285 (penalty assessment); 169A.44 (conditional release); 
200.25  169A.54 (impaired driving convictions and adjudications; 
200.26  administrative penalties); or 169A.54, subdivision 11 (chemical 
200.27  use assessment); the license revocation sanctions of sections 
200.28  169A.50 to 169A.53 (implied consent law); or the plate 
200.29  impoundment provisions of section 169A.60 (administrative 
200.30  impoundment of plates). 
200.31     Sec. 2.  Minnesota Statutes 2000, section 169A.20, 
200.32  subdivision 3, is amended to read: 
200.33     Subd. 3.  [SENTENCE.] A person who violates this section 
200.34  may be sentenced as provided in section 169A.24 (first-degree 
200.35  driving while impaired), 169A.25 (first-degree second-degree 
200.36  driving while impaired), 169A.26 (second-degree third-degree 
201.1   driving while impaired), or 169A.27 (third-degree fourth-degree 
201.2   driving while impaired). 
201.3      Sec. 3.  [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
201.4      Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
201.5   section 169A.20 (driving while impaired) is guilty of 
201.6   first-degree driving while impaired if the person: 
201.7      (1) commits the violation within ten years of the first of 
201.8   three or more qualified prior impaired driving incidents; or 
201.9      (2) has previously been convicted of a felony under this 
201.10  section. 
201.11     Subd. 2.  [CRIMINAL PENALTY.] A person who commits 
201.12  first-degree driving while impaired is guilty of a felony and 
201.13  may be sentenced to imprisonment for not more than seven years, 
201.14  or to payment of a fine of not more than $14,000, or both.  The 
201.15  person is subject to the mandatory penalties described in 
201.16  section 169A.276 (mandatory penalties; felony violations). 
201.17     Sec. 4.  Minnesota Statutes 2000, section 169A.25, is 
201.18  amended to read: 
201.19     169A.25 [FIRST-DEGREE SECOND-DEGREE DRIVING WHILE 
201.20  IMPAIRED.] 
201.21     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
201.22  section 169A.20 (driving while impaired) is guilty of 
201.23  first-degree second-degree driving while impaired if two or more 
201.24  aggravating factors were present when the violation was 
201.25  committed. 
201.26     Subd. 2.  [CRIMINAL PENALTY.] First-degree Second-degree 
201.27  driving while impaired is a gross misdemeanor.  The mandatory 
201.28  penalties described in section 169A.275 and the long-term 
201.29  monitoring described in section 169A.277 may be applicable. 
201.30     Sec. 5.  Minnesota Statutes 2000, section 169A.26, is 
201.31  amended to read: 
201.32     169A.26 [SECOND-DEGREE THIRD-DEGREE DRIVING WHILE 
201.33  IMPAIRED.] 
201.34     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
201.35  section 169A.20 (driving while impaired) is guilty of 
201.36  second-degree third-degree driving while impaired if one 
202.1   aggravating factor was present when the violation was committed. 
202.2      Subd. 2.  [CRIMINAL PENALTY.] Second-degree Third-degree 
202.3   driving while impaired is a gross misdemeanor.  The mandatory 
202.4   penalties described in section 169A.275 and the long-term 
202.5   monitoring described in section 169A.277 may be applicable. 
202.6      Sec. 6.  Minnesota Statutes 2000, section 169A.27, is 
202.7   amended to read: 
202.8      169A.27 [THIRD-DEGREE FOURTH-DEGREE DRIVING WHILE 
202.9   IMPAIRED.] 
202.10     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
202.11  section 169A.20 (driving while impaired) is guilty of 
202.12  third-degree fourth-degree driving while impaired. 
202.13     Subd. 2.  [CRIMINAL PENALTY.] Third-degree Fourth-degree 
202.14  driving while impaired is a misdemeanor. 
202.15     Sec. 7.  Minnesota Statutes 2000, section 169A.275, is 
202.16  amended to read: 
202.17     169A.275 [MANDATORY PENALTIES; NONFELONY VIOLATIONS.] 
202.18     Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
202.19  sentence a person who is convicted of a violation of section 
202.20  169A.20 (driving while impaired) within ten years of a qualified 
202.21  prior impaired driving incident to either:  
202.22     (1) a minimum of 30 days of incarceration, at least 48 
202.23  hours of which must be served consecutively in a local 
202.24  correctional facility; or 
202.25     (2) eight hours of community work service for each day less 
202.26  than 30 days that the person is ordered to serve in a local 
202.27  correctional facility.  
202.28  Notwithstanding section 609.135 (stay of imposition or execution 
202.29  of sentence), the penalties in this paragraph must be executed, 
202.30  unless the court departs from the mandatory minimum sentence 
202.31  under paragraph (b) or (c). 
202.32     (b) Prior to sentencing, the prosecutor may file a motion 
202.33  to have a defendant described in paragraph (a) sentenced without 
202.34  regard to the mandatory minimum sentence established by that 
202.35  paragraph.  The motion must be accompanied by a statement on the 
202.36  record of the reasons for it.  When presented with the 
203.1   prosecutor's motion and if it finds that substantial mitigating 
203.2   factors exist, the court shall sentence the defendant without 
203.3   regard to the mandatory minimum sentence established by 
203.4   paragraph (a).  
203.5      (c) The court may, on its own motion, sentence a defendant 
203.6   described in paragraph (a) without regard to the mandatory 
203.7   minimum sentence established by that paragraph if it finds that 
203.8   substantial mitigating factors exist and if its sentencing 
203.9   departure is accompanied by a statement on the record of the 
203.10  reasons for it.  The court also may sentence the defendant 
203.11  without regard to the mandatory minimum sentence established by 
203.12  paragraph (a) if the defendant is sentenced to probation and 
203.13  ordered to participate in a program established under section 
203.14  169A.74 (pilot programs of intensive probation for repeat DWI 
203.15  offenders). 
203.16     (d) When any portion of the sentence required by paragraph 
203.17  (a) is not executed, the court should impose a sentence that is 
203.18  proportional to the extent of the offender's prior criminal and 
203.19  moving traffic violation record.  Any sentence required under 
203.20  paragraph (a) must include a mandatory sentence that is not 
203.21  subject to suspension or a stay of imposition or execution, and 
203.22  that includes incarceration for not less than 48 consecutive 
203.23  hours or at least 80 hours of community work service. 
203.24     Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
203.25  person who is convicted of a violation of section 169A.20 
203.26  (driving while impaired) within ten years of the first of two 
203.27  qualified prior impaired driving incidents to either: 
203.28     (1) a minimum of 90 days of incarceration, at least 30 days 
203.29  of which must be served consecutively in a local correctional 
203.30  facility; or 
203.31     (2) a program of intensive supervision of the type 
203.32  described in section 169A.74 (pilot programs of intensive 
203.33  probation for repeat DWI offenders) that requires the person to 
203.34  consecutively serve at least six days in a local correctional 
203.35  facility.  
203.36     (b) The court may order that the person serve not more than 
204.1   60 days of the minimum penalty under paragraph (a), clause (1), 
204.2   on home detention or in an intensive probation program described 
204.3   in section 169A.74. 
204.4      (c) Notwithstanding section 609.135, the penalties in this 
204.5   subdivision must be imposed and executed. 
204.6      Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
204.7   the person to the custody of the commissioner of corrections as 
204.8   provided in section 169A.276 (mandatory penalties; felony 
204.9   violations), the court shall sentence a person who is convicted 
204.10  of a violation of section 169A.20 (driving while impaired) 
204.11  within ten years of the first of three qualified prior impaired 
204.12  driving incidents to either: 
204.13     (1) a minimum of 180 days of incarceration, at least 30 
204.14  days of which must be served consecutively in a local 
204.15  correctional facility; or 
204.16     (2) a program of intensive supervision of the type 
204.17  described in section 169A.74 (pilot programs of intensive 
204.18  probation for repeat DWI offenders) that requires the person to 
204.19  consecutively serve at least six days in a local correctional 
204.20  facility.  
204.21     (b) The court may order that the person serve not more than 
204.22  150 days of the minimum penalty under paragraph (a), clause (1), 
204.23  on home detention or in an intensive probation program described 
204.24  in section 169A.74.  Notwithstanding section 609.135, the 
204.25  penalties in this subdivision must be imposed and executed. 
204.26     Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
204.27  commits the person to the custody of the commissioner of 
204.28  corrections as provided in section 169A.276 (mandatory 
204.29  penalties; felony violations), the court shall sentence a person 
204.30  who is convicted of a violation of section 169A.20 (driving 
204.31  while impaired) within ten years of the first of four or more 
204.32  qualified prior impaired driving incidents to either: 
204.33     (1) a minimum of one year of incarceration, at least 60 
204.34  days of which must be served consecutively in a local 
204.35  correctional facility; or 
204.36     (2) a program of intensive supervision of the type 
205.1   described in section 169A.74 (pilot programs of intensive 
205.2   probation for repeat DWI offenders) that requires the person to 
205.3   consecutively serve at least six days in a local correctional 
205.4   facility.  
205.5      (b) The court may order that the person serve the remainder 
205.6   of the minimum penalty under paragraph (a), clause (1), on 
205.7   intensive probation using an electronic monitoring system or, if 
205.8   such a system is unavailable, on home detention.  
205.9   Notwithstanding section 609.135, the penalties in this 
205.10  subdivision must be imposed and executed. 
205.11     Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
205.12  ASSESSMENT.] Unless the court commits the person to the custody 
205.13  of the commissioner of corrections as provided in section 
205.14  169A.276 (mandatory penalties; felony violations), in addition 
205.15  to other penalties required under this section, the court shall 
205.16  order a person to submit to the level of care recommended in the 
205.17  chemical use assessment conducted under section 169A.70 (alcohol 
205.18  safety program; chemical use assessments) if the person is 
205.19  convicted of violating section 169A.20 (driving while impaired) 
205.20  while having an alcohol concentration of 0.20 or more as 
205.21  measured at the time, or within two hours of the time, of the 
205.22  offense or if the violation occurs within ten years of one or 
205.23  more qualified prior impaired driving incidents. 
205.24     Sec. 8.  [169A.276] [MANDATORY PENALTIES; FELONY 
205.25  VIOLATIONS.] 
205.26     Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
205.27  shall sentence a person who is convicted of a violation of 
205.28  section 169A.20 (driving while impaired) under the circumstances 
205.29  described in section 169A.24 (first-degree driving while 
205.30  impaired) to imprisonment for not less than three years.  In 
205.31  addition, the court may order the person to pay a fine of not 
205.32  more than $14,000.  
205.33     (b) The court may stay execution of this mandatory sentence 
205.34  as provided in subdivision 2 (stay of mandatory sentence), but 
205.35  may not stay imposition or adjudication of the sentence or 
205.36  impose a sentence that has a duration of less than three years. 
206.1      (c) An offender committed to the custody of the 
206.2   commissioner of corrections under this subdivision, is not 
206.3   eligible for release as provided in section 241.26, 244.065, 
206.4   244.12, or 244.17, unless the offender has successfully 
206.5   completed a chemical dependency treatment program while in 
206.6   prison.  
206.7      (d) Notwithstanding the statutory maximum sentence provided 
206.8   in section 169A.24 (first-degree driving while impaired), when 
206.9   the court commits a person to the custody of the commissioner of 
206.10  corrections under this subdivision, it shall provide that after 
206.11  the person has been released from prison the commissioner shall 
206.12  place the person on conditional release for five years.  The 
206.13  commissioner shall impose any conditions of release that the 
206.14  commissioner deems appropriate including, but not limited to, 
206.15  successful completion of an intensive probation program as 
206.16  described in section 169A.74 (pilot programs of intensive 
206.17  probation for repeat DWI offenders).  If the person fails to 
206.18  comply with any condition of release, the commissioner may 
206.19  revoke the person's conditional release and order the person to 
206.20  serve all or part of the remaining portion of the conditional 
206.21  release term in prison.  The commissioner may not dismiss the 
206.22  person from supervision before the conditional release term 
206.23  expires.  Except as otherwise provided in this section, 
206.24  conditional release is governed by provisions relating to 
206.25  supervised release.  The failure of a court to direct the 
206.26  commissioner of corrections to place the person on conditional 
206.27  release, as required in this paragraph, does not affect the 
206.28  applicability of the conditional release provisions to the 
206.29  person. 
206.30     (e) The commissioner shall require persons placed on 
206.31  supervised or conditional release under this subdivision to pay 
206.32  as much of the costs of the supervision as possible.  The 
206.33  commissioner shall develop appropriate standards for this.  
206.34     Subd. 2.  [STAY OF MANDATORY SENTENCE.] The provisions of 
206.35  sections 169A.275 (mandatory penalties; nonfelony violations), 
206.36  subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of 
207.1   execution of sentence), apply if the court stays execution of 
207.2   the sentence under subdivision 1 (mandatory prison sentence).  
207.3   In addition, the provisions of section 169A.277 (long-term 
207.4   monitoring) may apply.  
207.5      Subd. 3.  [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 
207.6   The court may not stay the execution of the driver's license 
207.7   revocation provisions of section 169A.54 (impaired driving 
207.8   convictions and adjudications; administrative penalties). 
207.9      Sec. 9.  Minnesota Statutes 2000, section 169A.283, 
207.10  subdivision 1, is amended to read: 
207.11     Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
207.12  provided in section sections 169A.275 (mandatory penalties; 
207.13  nonfelony violations) and 169A.276 (mandatory penalties; felony 
207.14  violations), when a court sentences a person convicted of a 
207.15  violation of section 169A.20 (driving while impaired), the court 
207.16  may stay execution of the criminal sentence described in section 
207.17  169A.25 169A.24 (first-degree driving while impaired), 169A.26 
207.18  169A.25 (second-degree driving while impaired), or 169A.27 
207.19  169A.26 (third-degree driving while impaired), or 169A.27 
207.20  (fourth-degree driving while impaired) on the condition that the 
207.21  convicted person submit to the level of care recommended in the 
207.22  chemical use assessment report required under section 169A.70 
207.23  (alcohol safety programs; chemical use assessments).  If the 
207.24  court does not order a level of care in accordance with the 
207.25  assessment report recommendation as a condition of a stay of 
207.26  execution, it shall state on the record its reasons for not 
207.27  following the assessment report recommendation. 
207.28     Sec. 10.  Minnesota Statutes 2000, section 169A.40, 
207.29  subdivision 3, is amended to read: 
207.30     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 
207.31  CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 
207.32  Criminal Procedure, a peace officer acting without a warrant who 
207.33  has decided to proceed with the prosecution of a person for 
207.34  violating section 169A.20 (driving while impaired), shall arrest 
207.35  and take the person into custody if the officer has reason to 
207.36  believe the violation occurred under the circumstances described 
208.1   in section 169A.24 (first-degree driving while impaired) or 
208.2   169A.25 (first-degree second-degree driving while impaired).  
208.3   The person shall be detained until the person's first court 
208.4   appearance. 
208.5      Sec. 11.  Minnesota Statutes 2000, section 169A.63, 
208.6   subdivision 1, is amended to read: 
208.7      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
208.8   the following terms have the meanings given them. 
208.9      (b) "Appropriate agency" means a law enforcement agency 
208.10  that has the authority to make an arrest for a violation of a 
208.11  designated offense or to require a test under section 169A.51 
208.12  (chemical tests for intoxication). 
208.13     (c) "Designated license revocation" includes a license 
208.14  revocation under section 169A.52 (license revocation for test 
208.15  failure or refusal) or a license disqualification under section 
208.16  171.165 (commercial driver's license disqualification) resulting 
208.17  from a violation of section 169A.52; within ten years of the 
208.18  first of two or more qualified prior impaired driving incidents. 
208.19     (d) "Designated offense" includes: 
208.20     (1) a violation of section 169A.20 (driving while impaired) 
208.21  under the circumstances described in section 169A.24 
208.22  (first-degree driving while impaired) or 169A.25 (first-degree 
208.23  second-degree driving while impaired); or 
208.24     (2) a violation of section 169A.20 or an ordinance in 
208.25  conformity with it: 
208.26     (i) by a person whose driver's license or driving 
208.27  privileges have been canceled as inimical to public safety under 
208.28  section 171.04, subdivision 1, clause (10); or 
208.29     (ii) by a person who is subject to a restriction on the 
208.30  person's driver's license under section 171.09 (commissioner's 
208.31  license restrictions), which provides that the person may not 
208.32  use or consume any amount of alcohol or a controlled substance. 
208.33     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
208.34  which is stolen or taken in violation of the law. 
208.35     (f) "Owner" means the registered owner of the motor vehicle 
208.36  according to records of the department of public safety and 
209.1   includes a lessee of a motor vehicle if the lease agreement has 
209.2   a term of 180 days or more. 
209.3      (g) "Prosecuting authority" means the attorney in the 
209.4   jurisdiction in which the designated offense occurred who is 
209.5   responsible for prosecuting violations of a designated offense. 
209.6      Sec. 12.  Minnesota Statutes 2000, section 171.29, 
209.7   subdivision 2, is amended to read: 
209.8      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
209.9   license has been revoked as provided in subdivision 1, except 
209.10  under section 169A.52 or 169A.54, shall pay a $30 fee before the 
209.11  driver's license is reinstated. 
209.12     (b) A person whose driver's license has been revoked as 
209.13  provided in subdivision 1 under section 169A.52 or 169A.54 shall 
209.14  pay a $250 fee plus a $40 surcharge before the driver's license 
209.15  is reinstated.  Beginning July 1, 2002, the surcharge is $145.  
209.16  Beginning July 1, 2003, the surcharge is $380.  The $250 fee is 
209.17  to be credited as follows: 
209.18     (1) Twenty percent must be credited to the trunk highway 
209.19  fund. 
209.20     (2) Fifty-five percent must be credited to the general fund.
209.21     (3) Eight percent must be credited to a separate account to 
209.22  be known as the bureau of criminal apprehension account.  Money 
209.23  in this account may be appropriated to the commissioner of 
209.24  public safety and the appropriated amount must be apportioned 80 
209.25  percent for laboratory costs and 20 percent for carrying out the 
209.26  provisions of section 299C.065. 
209.27     (4) Twelve percent must be credited to a separate account 
209.28  to be known as the alcohol-impaired driver education account.  
209.29  Money in the account is appropriated as follows: 
209.30     (i) the first $200,000 in a fiscal year to the commissioner 
209.31  of children, families, and learning for programs for elementary 
209.32  and secondary school students; and 
209.33     (ii) the remainder credited in a fiscal year to the 
209.34  commissioner of transportation to be spent as grants to the 
209.35  Minnesota highway safety center at St. Cloud State University 
209.36  for programs relating to alcohol and highway safety education in 
210.1   elementary and secondary schools. 
210.2      (5) Five percent must be credited to a separate account to 
210.3   be known as the traumatic brain injury and spinal cord injury 
210.4   account.  The money in the account is annually appropriated to 
210.5   the commissioner of health to be used as follows:  35 percent 
210.6   for a contract with a qualified community-based organization to 
210.7   provide information, resources, and support to assist persons 
210.8   with traumatic brain injury and their families to access 
210.9   services, and 65 percent to maintain the traumatic brain injury 
210.10  and spinal cord injury registry created in section 144.662.  For 
210.11  the purposes of this clause, a "qualified community-based 
210.12  organization" is a private, not-for-profit organization of 
210.13  consumers of traumatic brain injury services and their family 
210.14  members.  The organization must be registered with the United 
210.15  States Internal Revenue Service under section 501(c)(3) as a 
210.16  tax-exempt organization and must have as its purposes:  
210.17     (i) the promotion of public, family, survivor, and 
210.18  professional awareness of the incidence and consequences of 
210.19  traumatic brain injury; 
210.20     (ii) the provision of a network of support for persons with 
210.21  traumatic brain injury, their families, and friends; 
210.22     (iii) the development and support of programs and services 
210.23  to prevent traumatic brain injury; 
210.24     (iv) the establishment of education programs for persons 
210.25  with traumatic brain injury; and 
210.26     (v) the empowerment of persons with traumatic brain injury 
210.27  through participation in its governance. 
210.28  No patient's name, identifying information or identifiable 
210.29  medical data will be disclosed to the organization without the 
210.30  informed voluntary written consent of the patient or patient's 
210.31  guardian, or if the patient is a minor, of the parent or 
210.32  guardian of the patient. 
210.33     (c) The $40 surcharge must be credited to a separate 
210.34  account to be known as the remote electronic alcohol monitoring 
210.35  program account.  The commissioner shall transfer the balance of 
210.36  this account to the commissioner of finance on a monthly basis 
211.1   for deposit in the general fund. 
211.2      (d) When these fees are collected by a licensing agent, 
211.3   appointed under section 171.061, a handling charge is imposed in 
211.4   the amount specified under section 171.061, subdivision 4.  The 
211.5   reinstatement fees and surcharge must be deposited in an 
211.6   approved state depository as directed under section 171.061, 
211.7   subdivision 4. 
211.8      Sec. 13.  [SUPERVISION LEVEL.] 
211.9      Nothing in this act requires a different level of 
211.10  supervision for offenders than is currently required by law. 
211.11     Sec. 14.  [STUDY.] 
211.12     By January 15, 2004, and each year thereafter through 
211.13  January 15, 2007, the commissioner of corrections must report to 
211.14  the chairs and ranking minority members of the house and senate 
211.15  committees having jurisdiction over criminal justice and 
211.16  judiciary finance issues on the implementation and effects of 
211.17  the felony level driving while impaired offense.  The report 
211.18  must include the following information on felony level driving 
211.19  while impaired offenses: 
211.20     (1) the number of persons convicted; 
211.21     (2) the number of trials taken to verdict, separating out 
211.22  cases tried to a judge versus cases tried to a jury, and the 
211.23  number of convictions for each; 
211.24     (3) the number of offenders incarcerated locally and the 
211.25  term of incarceration; 
211.26     (4) the number placed on probation and the length of the 
211.27  probation; 
211.28     (5) the number for whom probation is revoked, the reasons 
211.29  for revocation, and the consequences imposed; 
211.30     (6) the number given an executed prison sentence upon 
211.31  conviction and the length of the sentence; 
211.32     (7) the number given an executed prison sentence upon 
211.33  revocation of probation and the length of sentence; 
211.34     (8) the number who successfully complete treatment in 
211.35  prison; 
211.36     (9) the number placed on intensive supervision following 
212.1   release from incarceration; 
212.2      (10) the number who violate supervised release and the 
212.3   consequences imposed; and 
212.4      (11) any other information the commissioner deems relevant 
212.5   to estimating future costs. 
212.6      Sec. 15.  [FELONY DRIVING WHILE IMPAIRED APPROPRIATIONS.] 
212.7      Subdivision 1.  [TOTAL APPROPRIATION.] $2,670,000 is 
212.8   appropriated from the general fund to the agencies and for the 
212.9   purposes specified in this article, to be available for the 
212.10  fiscal year ending June 30, 2003.  The amounts that may be spent 
212.11  from this appropriation for each program are specified in the 
212.12  following subdivisions. 
212.13     Subd. 2.  [CORRECTIONS.] (a) $2,334,000 is appropriated to 
212.14  the department of corrections.  The amounts that may be spent 
212.15  from this appropriation for each program are specified in the 
212.16  following paragraphs. 
212.17     (b) $2,137,000 is appropriated to correctional institutions 
212.18  for increased costs due to the bed impact of the felony-level 
212.19  penalty for driving while impaired. 
212.20     (c) $197,000 is appropriated to community services for 
212.21  increased community supervision costs due to the felony-level 
212.22  penalty for driving while impaired. 
212.23     Subd. 3.  [PUBLIC SAFETY.] $84,000 is appropriated to the 
212.24  bureau of criminal apprehension for increased costs associated 
212.25  with providing trial support due to the felony-level penalty for 
212.26  driving while impaired. 
212.27     Subd. 4.  [BOARD OF PUBLIC DEFENSE.] $125,000 is 
212.28  appropriated to the board of public defense for costs associated 
212.29  with increased trials and appeals due to the felony-level 
212.30  penalty for driving while impaired. 
212.31     Subd. 5.  [ATTORNEY GENERAL.] $127,000 is appropriated to 
212.32  the attorney general for costs associated with increased appeals 
212.33  due to the felony-level penalty for driving while impaired. 
212.34     Sec. 16.  [INSTRUCTION TO REVISOR; LEGISLATIVE INTENT.] 
212.35     The appropriations contained in this article relating to 
212.36  the felony-level driving while impaired penalty are superseded 
213.1   by any other appropriations for the same purposes enacted in the 
213.2   2001 First Special Session. 
213.3      Sec. 17.  [EFFECTIVE DATE.] 
213.4      Sections 1 to 11, 13, and 14 are effective August 1, 2002, 
213.5   and apply to crimes committed on or after that date.  However, 
213.6   violations occurring before August 1, 2002, that are listed in 
213.7   Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are 
213.8   considered qualified prior impaired driving incidents for 
213.9   purposes of this act.  The remaining sections are effective July 
213.10  1, 2001. 
213.11                             ARTICLE 12
213.12                    MISCELLANEOUS DWI PROVISIONS 
213.13     Section 1.  Minnesota Statutes 2000, section 169A.277, 
213.14  subdivision 2, is amended to read: 
213.15     Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
213.16  person described in subdivision 1 to a stayed sentence and when 
213.17  electronic monitoring equipment is available to the court, the 
213.18  court shall require that the person participate in a program of 
213.19  electronic alcohol monitoring in addition to any other 
213.20  conditions of probation or jail time it imposes.  During the 
213.21  first one-third of the person's probationary term, the 
213.22  electronic alcohol monitoring must be continuous and involve 
213.23  measurements of the person's alcohol concentration at least 
213.24  three times a day.  During the remainder of the person's 
213.25  probationary term, the electronic alcohol monitoring may be 
213.26  intermittent, as determined by the court.  The court must order 
213.27  the monitoring for a minimum of 30 consecutive days during each 
213.28  year of the person's probationary period. 
213.29     Sec. 2.  Minnesota Statutes 2000, section 169A.28, 
213.30  subdivision 2, is amended to read: 
213.31     Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
213.32  OFFENSES.] (a) When a person is being sentenced for a violation 
213.33  of a provision listed in paragraph (e), the court may sentence 
213.34  the person to a consecutive term of imprisonment for a violation 
213.35  of any other provision listed in paragraph (e), notwithstanding 
213.36  the fact that the offenses arose out of the same course of 
214.1   conduct, subject to the limitation on consecutive sentences 
214.2   contained in section 609.15, subdivision 2, and except as 
214.3   provided in paragraphs (b) and (c). 
214.4      (b) When a person is being sentenced for a violation of 
214.5   section 171.09 (violation of condition of restricted license), 
214.6   171.20 (operation after revocation, suspension, cancellation, or 
214.7   disqualification), 171.24 (driving without valid license), or 
214.8   171.30 (violation of condition of limited license), the court 
214.9   may not impose a consecutive sentence for another violation of a 
214.10  provision in chapter 171 (drivers' licenses and training 
214.11  schools). 
214.12     (c) When a person is being sentenced for a violation of 
214.13  section 169.791 (failure to provide proof of insurance) or 
214.14  169.797 (failure to provide vehicle insurance), the court may 
214.15  not impose a consecutive sentence for another violation of a 
214.16  provision of sections 169.79 to 169.7995. 
214.17     (d) This subdivision does not limit the authority of the 
214.18  court to impose consecutive sentences for crimes arising on 
214.19  different dates or to impose a consecutive sentence when a 
214.20  person is being sentenced for a crime and is also in violation 
214.21  of the conditions of a stayed or otherwise deferred sentence 
214.22  under section 609.135 (stay of imposition or execution of 
214.23  sentence). 
214.24     (e) This subdivision applies to misdemeanor and gross 
214.25  misdemeanor violations of the following if the offender has two 
214.26  or more prior impaired driving convictions within the past ten 
214.27  years: 
214.28     (1) section 169A.20, subdivision 1 (driving while impaired; 
214.29  impaired driving offenses); 
214.30     (2) section 169A.20, subdivision 2 (driving while impaired; 
214.31  test refusal offense); 
214.32     (3) section 169.791; 
214.33     (3) (4) section 169.797; 
214.34     (4) (5) section 171.09 (violation of condition of 
214.35  restricted license); 
214.36     (6) section 171.20, subdivision 2 (operation after 
215.1   revocation, suspension, cancellation, or disqualification); 
215.2      (5) (7) section 171.24; and 
215.3      (6) (8) section 171.30. 
215.4      Sec. 3.  Minnesota Statutes 2000, section 169A.35, 
215.5   subdivision 1, is amended to read: 
215.6      Subdivision 1.  [DEFINITIONS.] As used in this section: 
215.7      (1) "alcoholic beverage" has the meaning given it in 
215.8   section 340A.101, subdivision 2; 
215.9      (2) "distilled spirits" has the meaning given it in section 
215.10  340A.101, subdivision 9; 
215.11     (3) "motor vehicle" does not include motorboats in 
215.12  operation or off-road recreational vehicles; and 
215.13     (2) (4) "possession" means either that the person had 
215.14  actual possession of the bottle or receptacle or that the person 
215.15  consciously exercised dominion and control over the bottle or 
215.16  receptacle; and 
215.17     (5) "3.2 percent malt liquor" has the meaning given it in 
215.18  section 340A.101, subdivision 19. 
215.19     Sec. 4.  Minnesota Statutes 2000, section 169A.35, is 
215.20  amended by adding a subdivision to read: 
215.21     Subd. 1a.  [ALCOHOLIC BEVERAGE, DISTILLED SPIRIT, 3.2 MALT 
215.22  LIQUOR; DETERMINATION.] For purposes of this section only, when 
215.23  determining whether a beverage is an alcoholic beverage, a 
215.24  distilled spirit, or 3.2 percent malt liquor: 
215.25     (1) "alcohol by volume" means milliliters of alcohol per 
215.26  100 milliliters of beverage; and 
215.27     (2) "alcohol by weight" means grams of alcohol per 100 
215.28  grams of beverage. 
215.29     Sec. 5.  Minnesota Statutes 2000, section 169A.37, 
215.30  subdivision 1, is amended to read: 
215.31     Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
215.32  person to: 
215.33     (1) to fail to comply with an impoundment order under 
215.34  section 169A.60 (administrative plate impoundment); 
215.35     (2) to file a false statement under section 169A.60, 
215.36  subdivision 7 or, 8, or 14; 
216.1      (3) to operate a self-propelled motor vehicle on a street 
216.2   or highway when the vehicle is subject to an impoundment order 
216.3   issued under section 169A.60, unless specially coded plates have 
216.4   been issued for the vehicle pursuant to section 169A.60, 
216.5   subdivision 13; or 
216.6      (4) to fail to notify the commissioner of the impoundment 
216.7   order when requesting new plates.; 
216.8      (5) who is subject to a plate impoundment order under 
216.9   section 169A.60, to drive, operate, or be in control of any 
216.10  motor vehicle during the impoundment period, unless the vehicle 
216.11  has specially coded plates issued pursuant to section 169A.60, 
216.12  subdivision 13, and the person is validly licensed to drive; or 
216.13     (6) who is the transferee of a motor vehicle and who has 
216.14  signed a sworn statement under section 169A.60, subdivision 14, 
216.15  to allow the previously registered owner to drive, operate, or 
216.16  be in control of the vehicle during the impoundment period. 
216.17     Sec. 6.  Minnesota Statutes 2000, section 169A.41, 
216.18  subdivision 2, is amended to read: 
216.19     Subd. 2.  [USE OF TEST RESULTS.] The results of this 
216.20  preliminary screening test must be used for the purpose of 
216.21  deciding whether an arrest should be made and whether to require 
216.22  the tests authorized in section 169A.51 (chemical tests for 
216.23  intoxication), but must not be used in any court action except 
216.24  the following: 
216.25     (1) to prove that a test was properly required of a person 
216.26  pursuant to section 169A.51, subdivision 1; 
216.27     (2) in a civil action arising out of the operation or use 
216.28  of the motor vehicle; 
216.29     (3) in an action for license reinstatement under section 
216.30  171.19; 
216.31     (4) in a prosecution for a violation of section 169A.20, 
216.32  subdivision 2 (driving while impaired; test refusal); 
216.33     (5) in a prosecution or juvenile court proceeding 
216.34  concerning a violation of section 169A.33 (underage drinking and 
216.35  driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
216.36  (underage alcohol consumption); 
217.1      (5) (6) in a prosecution under section 169A.31, 
217.2   (alcohol-related school or Head Start bus driving); or 171.30 
217.3   (limited license); or 
217.4      (6) (7) in a prosecution for a violation of a restriction 
217.5   on a driver's license under section 171.09, which provides that 
217.6   the license holder may not use or consume any amount of alcohol 
217.7   or a controlled substance. 
217.8      Sec. 7.  Minnesota Statutes 2000, section 169A.51, 
217.9   subdivision 7, is amended to read: 
217.10     Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.] 
217.11  (a) Only a physician, medical technician, physician's trained 
217.12  mobile intensive care paramedic emergency medical 
217.13  technician-paramedic, registered nurse, medical 
217.14  technologist, medical laboratory technician, or laboratory 
217.15  assistant acting at the request of a peace officer may withdraw 
217.16  blood for the purpose of determining the presence of alcohol, 
217.17  controlled substances, or hazardous substances.  This limitation 
217.18  does not apply to the taking of a breath or urine sample. 
217.19     (b) The person tested has the right to have someone of the 
217.20  person's own choosing administer a chemical test or tests in 
217.21  addition to any administered at the direction of a peace 
217.22  officer; provided, that the additional test sample on behalf of 
217.23  the person is obtained at the place where the person is in 
217.24  custody, after the test administered at the direction of a peace 
217.25  officer, and at no expense to the state.  The failure or 
217.26  inability to obtain an additional test or tests by a person does 
217.27  not preclude the admission in evidence of the test taken at the 
217.28  direction of a peace officer unless the additional test was 
217.29  prevented or denied by the peace officer. 
217.30     (c) The physician, medical technician, physician's trained 
217.31  mobile intensive care paramedic emergency medical 
217.32  technician-paramedic, medical technologist, medical laboratory 
217.33  technician, laboratory assistant, or registered nurse drawing 
217.34  blood at the request of a peace officer for the purpose of 
217.35  determining the concentration of alcohol, controlled substances, 
217.36  or hazardous substances is in no manner liable in any civil or 
218.1   criminal action except for negligence in drawing the blood.  The 
218.2   person administering a breath test must be fully trained in the 
218.3   administration of breath tests pursuant to training given by the 
218.4   commissioner of public safety. 
218.5      Sec. 8.  Minnesota Statutes 2000, section 169A.54, 
218.6   subdivision 6, is amended to read: 
218.7      Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
218.8   Except for a person whose license has been revoked under 
218.9   subdivision 2, and except for a person convicted of a violation 
218.10  of section 169A.20 (driving while impaired) while having a child 
218.11  under the age of 16 in the vehicle if the child is more than 36 
218.12  months younger than the offender, (a) Any person whose license 
218.13  has been revoked pursuant to section 169A.52 (license revocation 
218.14  for test failure or refusal) as the result of the same incident, 
218.15  and who does not have a qualified prior impaired driving 
218.16  incident, is subject to the mandatory revocation provisions of 
218.17  subdivision 1, clause (1) or (2), in lieu of the mandatory 
218.18  revocation provisions of section 169A.52. 
218.19     (b) Paragraph (a) does not apply to: 
218.20     (1) a person whose license has been revoked under 
218.21  subdivision 2 (driving while impaired by person under age 21); 
218.22     (2) a person charged with violating section 169A.20 
218.23  (driving while impaired) with the aggravating factor of having 
218.24  an alcohol concentration of 0.20 or more as measured at the 
218.25  time, or within two hours of the time, of the offense, and the 
218.26  person is convicted of that offense or any other offense 
218.27  described in section 169A.20 arising out of the same set of 
218.28  circumstances; or 
218.29     (3) a person charged with violating section 169A.20 
218.30  (driving while impaired) with the aggravating factor of having a 
218.31  child under the age of 16 in the vehicle and the child is more 
218.32  than 36 months younger than the offender, and the person is 
218.33  convicted of that offense or any other offense described in 
218.34  section 169A.20 arising out of the same set of circumstances. 
218.35     Sec. 9.  Minnesota Statutes 2000, section 169A.60, 
218.36  subdivision 1, is amended to read: 
219.1      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
219.2   the following terms have the meanings given in this subdivision. 
219.3      (b) "Motor vehicle" means a self-propelled motor vehicle 
219.4   other than a motorboat in operation or a an off-road 
219.5   recreational vehicle. 
219.6      (c) "Plate impoundment violation" includes: 
219.7      (1) a violation of section 169A.20 (driving while impaired) 
219.8   or 169A.52 (license revocation for test failure or refusal), or 
219.9   a conforming ordinance from this state or a conforming statute 
219.10  or ordinance from another state, that results in the revocation 
219.11  of a person's driver's license or driving privileges, within ten 
219.12  years of a qualified prior impaired driving incident; 
219.13     (2) a license disqualification under section 171.165 
219.14  (commercial driver's license disqualification) resulting from a 
219.15  violation of section 169A.52 within ten years of a qualified 
219.16  prior impaired driving incident; 
219.17     (3) a violation of section 169A.20 or 169A.52 while having 
219.18  an alcohol concentration of 0.20 or more as measured at the 
219.19  time, or within two hours of the time, of the offense; 
219.20     (4) a violation of section 169A.20 or 169A.52 while having 
219.21  a child under the age of 16 in the vehicle if the child is more 
219.22  than 36 months younger than the offender; and 
219.23     (5) a violation of section 171.24 (driving without valid 
219.24  license) by a person whose driver's license or driving 
219.25  privileges have been canceled under section 171.04, subdivision 
219.26  1, clause (10) (persons not eligible for driver's license, 
219.27  inimical to public safety). 
219.28     (d) "Significant relationship" has the same meaning as 
219.29  given in section 609.341, subdivision 15, and includes any 
219.30  person with whom the actor regularly associates and communicates 
219.31  outside of a workplace setting. 
219.32     (e) "Violator" means a person who was driving, operating, 
219.33  or in physical control of the motor vehicle when the plate 
219.34  impoundment violation occurred. 
219.35     Sec. 10.  Minnesota Statutes 2000, section 169A.60, 
219.36  subdivision 13, is amended to read: 
220.1      Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
220.2   during the effective period of an impoundment order, a violator 
220.3   or registered owner may apply to the commissioner for new 
220.4   registration plates, which must bear a special series of numbers 
220.5   or letters so as to be readily identified by traffic law 
220.6   enforcement officers.  The commissioner may authorize the 
220.7   issuance of special plates if: 
220.8      (1) the violator has a qualified licensed driver whom the 
220.9   violator must identify; 
220.10     (2) the violator or registered owner has a limited license 
220.11  issued under section 171.30; 
220.12     (3) the registered owner is not the violator and the 
220.13  registered owner has a valid or limited driver's license; or 
220.14     (4) a member of the registered owner's household has a 
220.15  valid driver's license; or 
220.16     (5) the violator has been reissued a valid driver's license.
220.17     (b) The commissioner may not issue new registration plates 
220.18  for that vehicle subject to plate impoundment for a period of at 
220.19  least one year from the date of the impoundment order and until 
220.20  the next regularly scheduled registration date following the 
220.21  impoundment period.  In addition, if the owner is the violator, 
220.22  new registration plates may not be issued for the vehicle unless 
220.23  the person has been reissued a valid driver's license in 
220.24  accordance with chapter 171. 
220.25     (c) A violator may not apply for new registration plates 
220.26  for a vehicle at any time before the person's driver's license 
220.27  is reinstated. 
220.28     (d) The commissioner may issue the special plates on 
220.29  payment of a $50 fee for each vehicle for which special plates 
220.30  are requested. 
220.31     (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
220.32  must issue upon request new registration plates for a vehicle 
220.33  for which the registration plates have been impounded if: 
220.34     (1) the impoundment order is rescinded; 
220.35     (2) the vehicle is transferred in compliance with 
220.36  subdivision 14; or 
221.1      (3) the vehicle is transferred to a Minnesota automobile 
221.2   dealer licensed under section 168.27, a financial institution 
221.3   that has submitted a repossession affidavit, or a government 
221.4   agency. 
221.5      Sec. 11.  Minnesota Statutes 2000, section 169A.60, 
221.6   subdivision 14, is amended to read: 
221.7      Subd. 14.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 
221.8   (a) A registered owner may not sell or transfer a motor vehicle 
221.9   during the time its registration plates have been ordered 
221.10  impounded or during the time its registration plates bear a 
221.11  special series number, unless: 
221.12     (1) the sale is for a valid consideration; 
221.13     (2) the transferee does and the registered owner: 
221.14     (i) are not, and have not been, related by blood, adoption, 
221.15  or marriage; 
221.16     (ii) do not reside in the same household as the registered 
221.17  owner; and 
221.18     (iii) do not have, and have not had at any time, a 
221.19  significant relationship with one another; 
221.20     (3) the transferee signs an acceptable sworn statement with 
221.21  the commissioner attesting that: 
221.22     (i) the transferee and the violator do not have, and have 
221.23  not had at any time, a significant relationship with one 
221.24  another; 
221.25     (ii) the transferee understands that the vehicle is subject 
221.26  to an impoundment order; and 
221.27     (iii) it is a crime under section 169A.37 to file a false 
221.28  statement under this section or to allow the previously 
221.29  registered owner to drive, operate, or be in control of the 
221.30  vehicle during the impoundment period; and 
221.31     (4) all elements of section 168A.10 (transfer of interest 
221.32  by owner) are satisfied. 
221.33     (b) If the conditions of paragraph (a) are satisfied, the 
221.34  registrar may then transfer the title to the new owner upon 
221.35  proper application and issue new registration plates for the 
221.36  vehicle. 
222.1      Sec. 12.  Minnesota Statutes 2000, section 169A.63, 
222.2   subdivision 1, is amended to read: 
222.3      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
222.4   the following terms have the meanings given them.  
222.5      (b) "Appropriate agency" means a law enforcement agency 
222.6   that has the authority to make an arrest for a violation of a 
222.7   designated offense or to require a test under section 169A.51 
222.8   (chemical tests for intoxication). 
222.9      (c) "Designated license revocation" includes a license 
222.10  revocation under section 169A.52 (license revocation for test 
222.11  failure or refusal) or a license disqualification under section 
222.12  171.165 (commercial driver's license disqualification) resulting 
222.13  from a violation of section 169A.52; within ten years of the 
222.14  first of two or more qualified prior impaired driving incidents. 
222.15     (d) "Designated offense" includes: 
222.16     (1) a violation of section 169A.20 (driving while impaired) 
222.17  under the circumstances described in section 169A.25 
222.18  (first-degree driving while impaired); or 
222.19     (2) a violation of section 169A.20 or an ordinance in 
222.20  conformity with it: 
222.21     (i) by a person whose driver's license or driving 
222.22  privileges have been canceled as inimical to public safety under 
222.23  section 171.04, subdivision 1, clause (10); or 
222.24     (ii) by a person who is subject to a restriction on the 
222.25  person's driver's license under section 171.09 (commissioner's 
222.26  license restrictions), which provides that the person may not 
222.27  use or consume any amount of alcohol or a controlled substance. 
222.28     (e) "Motor vehicle" and "vehicle" do not include a vehicle 
222.29  which is stolen or taken in violation of the law. 
222.30     (f) "Owner" means the registered owner of the motor vehicle 
222.31  according to records of the department of public safety and 
222.32  includes a lessee of a motor vehicle if the lease agreement has 
222.33  a term of 180 days or more. 
222.34     (g) "Prosecuting authority" means the attorney in the 
222.35  jurisdiction in which the designated offense occurred who is 
222.36  responsible for prosecuting violations of a designated 
223.1   offense or a designee.  If a state agency initiated the 
223.2   forfeiture, and the attorney responsible for prosecuting the 
223.3   designated offense declines to pursue forfeiture, the attorney 
223.4   general's office or its designee may initiate forfeiture under 
223.5   this section. 
223.6      Sec. 13.  Minnesota Statutes 2000, section 169A.63, 
223.7   subdivision 10, is amended to read: 
223.8      Subd. 10.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
223.9   vehicle is administratively forfeited under subdivision 8, or if 
223.10  the court finds under subdivision 9 that the vehicle is subject 
223.11  to forfeiture under subdivisions 6 and 7, the appropriate agency 
223.12  shall: 
223.13     (1) sell the vehicle and distribute the proceeds under 
223.14  paragraph (b); or 
223.15     (2) keep the vehicle for official use.  If the agency keeps 
223.16  a forfeited motor vehicle for official use, it shall make 
223.17  reasonable efforts to ensure that the motor vehicle is available 
223.18  for use by the agency's officers who participate in the drug 
223.19  abuse resistance education program. 
223.20     (b) The proceeds from the sale of forfeited vehicles, after 
223.21  payment of seizure, storage, forfeiture, and sale expenses, and 
223.22  satisfaction of valid liens against the property, must be 
223.23  forwarded to the treasury of the political subdivision that 
223.24  employs the appropriate agency responsible for the forfeiture 
223.25  for use in DWI-related enforcement, training, and education.  If 
223.26  the appropriate agency is an agency of state government, the net 
223.27  proceeds must be forwarded to the state treasury and credited to 
223.28  the following funds: 
223.29     (1) if the forfeited vehicle is a motorboat, the net 
223.30  proceeds must be credited to the water recreation account in the 
223.31  natural resources fund; 
223.32     (2) if the forfeited vehicle is a snowmobile, the net 
223.33  proceeds must be credited to the snowmobile trails and 
223.34  enforcement account in the natural resources fund; 
223.35     (3) if the forfeited vehicle is an all-terrain vehicle, the 
223.36  net proceeds must be credited to the all-terrain vehicle account 
224.1   in the natural resources fund; 
224.2      (4) if the forfeited vehicle is an off-highway motorcycle, 
224.3   the net proceeds must be credited to the off-highway motorcycle 
224.4   account in the natural resources fund; 
224.5      (5) if the forfeited vehicle is an off-road vehicle, the 
224.6   net proceeds must be credited to the off-road vehicle account in 
224.7   the natural resources fund; and 
224.8      (6) if otherwise, the net proceeds must be credited to the 
224.9   general fund distributed as follows: 
224.10     (1) 70 percent of the proceeds must be forwarded to the 
224.11  appropriate agency for deposit as a supplement to the state or 
224.12  local agency's operating fund or similar fund for use in 
224.13  DWI-related enforcement, training, and education; and 
224.14     (2) 30 percent of the money or proceeds must be forwarded 
224.15  to the prosecuting authority that handled the forfeiture for 
224.16  deposit as a supplement to its operating fund or similar fund 
224.17  for prosecutorial purposes. 
224.18     Sec. 14.  Minnesota Statutes 2000, section 171.09, is 
224.19  amended to read: 
224.20     171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS; VIOLATIONS.] 
224.21     (a) The commissioner shall have the authority, when good 
224.22  cause appears, to impose restrictions suitable to the licensee's 
224.23  driving ability or such other restrictions applicable to the 
224.24  licensee as the commissioner may determine to be appropriate to 
224.25  assure the safe operation of a motor vehicle by the licensee.  
224.26  The commissioner may, upon receiving satisfactory evidence of 
224.27  any violation of the restrictions of the license, suspend or 
224.28  revoke the license.  A license suspension under this section is 
224.29  subject to section 171.18, subdivisions 2 and 3. 
224.30     (b) It is unlawful for any person to operate A person who 
224.31  drives, operates, or is in physical control of a motor 
224.32  vehicle in any manner while in violation of the restrictions 
224.33  imposed in a restricted driver's license issued to that person 
224.34  under paragraph (a) is guilty of a crime as follows: 
224.35     (1) if the restriction relates to the possession or 
224.36  consumption of alcohol or controlled substances, the person is 
225.1   guilty of a gross misdemeanor; or 
225.2      (2) if the restriction relates to another matter, the 
225.3   person is guilty of a misdemeanor.  
225.4      Sec. 15.  Minnesota Statutes 2000, section 171.29, 
225.5   subdivision 2, is amended to read: 
225.6      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
225.7   license has been revoked as provided in subdivision 1, except 
225.8   under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 
225.9   fee before the driver's license is reinstated. 
225.10     (b) A person whose driver's license has been revoked as 
225.11  provided in subdivision 1 under section 169A.52 or, 169A.54, or 
225.12  609.21, shall pay a $250 fee plus a $40 surcharge before the 
225.13  driver's license is reinstated.  The $250 fee is to be credited 
225.14  as follows: 
225.15     (1) Twenty percent must be credited to the trunk highway 
225.16  fund. 
225.17     (2) Fifty-five percent must be credited to the general fund.
225.18     (3) Eight percent must be credited to a separate account to 
225.19  be known as the bureau of criminal apprehension account.  Money 
225.20  in this account may be appropriated to the commissioner of 
225.21  public safety and the appropriated amount must be apportioned 80 
225.22  percent for laboratory costs and 20 percent for carrying out the 
225.23  provisions of section 299C.065. 
225.24     (4) Twelve percent must be credited to a separate account 
225.25  to be known as the alcohol-impaired driver education account.  
225.26  Money in the account is appropriated as follows: 
225.27     (i) the first $200,000 in a fiscal year to the commissioner 
225.28  of children, families, and learning for programs for elementary 
225.29  and secondary school students; and 
225.30     (ii) the remainder credited in a fiscal year to the 
225.31  commissioner of transportation to be spent as grants to the 
225.32  Minnesota highway safety center at St. Cloud State University 
225.33  for programs relating to alcohol and highway safety education in 
225.34  elementary and secondary schools. 
225.35     (5) Five percent must be credited to a separate account to 
225.36  be known as the traumatic brain injury and spinal cord injury 
226.1   account.  The money in the account is annually appropriated to 
226.2   the commissioner of health to be used as follows:  35 percent 
226.3   for a contract with a qualified community-based organization to 
226.4   provide information, resources, and support to assist persons 
226.5   with traumatic brain injury and their families to access 
226.6   services, and 65 percent to maintain the traumatic brain injury 
226.7   and spinal cord injury registry created in section 144.662.  For 
226.8   the purposes of this clause, a "qualified community-based 
226.9   organization" is a private, not-for-profit organization of 
226.10  consumers of traumatic brain injury services and their family 
226.11  members.  The organization must be registered with the United 
226.12  States Internal Revenue Service under section 501(c)(3) as a 
226.13  tax-exempt organization and must have as its purposes:  
226.14     (i) the promotion of public, family, survivor, and 
226.15  professional awareness of the incidence and consequences of 
226.16  traumatic brain injury; 
226.17     (ii) the provision of a network of support for persons with 
226.18  traumatic brain injury, their families, and friends; 
226.19     (iii) the development and support of programs and services 
226.20  to prevent traumatic brain injury; 
226.21     (iv) the establishment of education programs for persons 
226.22  with traumatic brain injury; and 
226.23     (v) the empowerment of persons with traumatic brain injury 
226.24  through participation in its governance. 
226.25  No patient's name, identifying information or identifiable 
226.26  medical data will be disclosed to the organization without the 
226.27  informed voluntary written consent of the patient or patient's 
226.28  guardian, or if the patient is a minor, of the parent or 
226.29  guardian of the patient. 
226.30     (c) The $40 surcharge must be credited to a separate 
226.31  account to be known as the remote electronic alcohol monitoring 
226.32  program account.  The commissioner shall transfer the balance of 
226.33  this account to the commissioner of finance on a monthly basis 
226.34  for deposit in the general fund. 
226.35     (d) When these fees are collected by a licensing agent, 
226.36  appointed under section 171.061, a handling charge is imposed in 
227.1   the amount specified under section 171.061, subdivision 4.  The 
227.2   reinstatement fees and surcharge must be deposited in an 
227.3   approved state depository as directed under section 171.061, 
227.4   subdivision 4. 
227.5      Sec. 16.  Minnesota Statutes 2000, section 609.035, 
227.6   subdivision 2, is amended to read: 
227.7      Subd. 2.  (a) When a person is being sentenced for a 
227.8   violation of a provision listed in paragraph (e), the court may 
227.9   sentence the person to a consecutive term of imprisonment for a 
227.10  violation of any other provision listed in paragraph (e), 
227.11  notwithstanding the fact that the offenses arose out of the same 
227.12  course of conduct, subject to the limitation on consecutive 
227.13  sentences contained in section 609.15, subdivision 2, and except 
227.14  as provided in paragraphs (b), (c), and (f) of this subdivision. 
227.15     (b) When a person is being sentenced for a violation of 
227.16  section 171.09, 171.20, 171.24, or 171.30, the court may not 
227.17  impose a consecutive sentence for another violation of a 
227.18  provision in chapter 171. 
227.19     (c) When a person is being sentenced for a violation of 
227.20  section 169.791 or 169.797, the court may not impose a 
227.21  consecutive sentence for another violation of a provision of 
227.22  sections 169.79 to 169.7995. 
227.23     (d) This subdivision does not limit the authority of the 
227.24  court to impose consecutive sentences for crimes arising on 
227.25  different dates or to impose a consecutive sentence when a 
227.26  person is being sentenced for a crime and is also in violation 
227.27  of the conditions of a stayed or otherwise deferred sentence 
227.28  under section 609.135. 
227.29     (e) This subdivision applies to misdemeanor and gross 
227.30  misdemeanor violations of the following if the offender has two 
227.31  or more prior impaired driving convictions as defined in section 
227.32  169A.03 within the past ten years: 
227.33     (1) section 169A.20, subdivision 1, driving while impaired; 
227.34     (2) section 169A.20, subdivision 2, test refusal; 
227.35     (3) section 169.791, failure to provide proof of insurance; 
227.36     (3) (4) section 169.797, failure to provide vehicle 
228.1   insurance; 
228.2      (4) (5) section 171.09, violation of condition of 
228.3   restricted license; 
228.4      (6) section 171.20, subdivision 2, operation after 
228.5   revocation, suspension, cancellation, or disqualification; 
228.6      (5) (7) section 171.24, driving without valid license; and 
228.7      (6) (8) section 171.30, violation of condition of limited 
228.8   license. 
228.9      (f) When a court is sentencing an offender for a violation 
228.10  of section 169A.20 and a violation of an offense listed in 
228.11  paragraph (e), and the offender has five or more qualified prior 
228.12  impaired driving incidents, as defined in section 169A.03, 
228.13  within the past ten years, the court shall sentence the offender 
228.14  to serve consecutive sentences for the offenses, notwithstanding 
228.15  the fact that the offenses arose out of the same course of 
228.16  conduct. 
228.17     Sec. 17.  Minnesota Statutes 2000, section 626.52, is 
228.18  amended by adding a subdivision to read: 
228.19     Subd. 4.  [IMMUNITY FROM LIABILITY.] Any person reporting 
228.20  in good faith and exercising due care shall have immunity from 
228.21  any liability, civil or criminal, that otherwise might result by 
228.22  reason of the person's actions pursuant to this section or 
228.23  section 626.53.  No cause of action may be brought against any 
228.24  person for not making a report pursuant to this section or 
228.25  section 626.53. 
228.26     Sec. 18.  [REPEALER.] 
228.27     Minnesota Statutes 2000, section 626.55, subdivision 2, is 
228.28  repealed. 
228.29     Sec. 19.  [EFFECTIVE DATES.] 
228.30     Provisions in this article that relate to crimes are 
228.31  effective August 1, 2001, and apply to crimes or acts committed 
228.32  on or after that date.  The remaining provisions are effective 
228.33  July 1, 2001.