1st Engrossment - 82nd Legislature, 2001 1st Special Session (2001 - 2002) Posted on 12/15/2009 12:00am
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 is21.33 appropriated from the general fund to the highway user tax21.34 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, shallmust 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; and28.3 (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; or31.6 (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 ofthis section, and any real estate acquired in 32.4 fee for trunk highway purposes and not presently needed therefor32.5 for those purposes. All rents received from the leases 32.6 shallmust be paid into the state treasury. Seventy percent of 32.7 the rents shallmust be credited to the trunk highway fund. The 32.8 remaining 30 percent shallmust be paid to the county treasurer 32.9 where the real estate is located, and shall bedistributed 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 thereofof the work incidental 32.21 to the construction and maintenance of the trunk highways by 32.22 labor employed thereforto 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 thereforto do the work. Except as hereinafter32.27 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 suchthe bids 32.30 are to be received. The advertisement for bids shallmust 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 shallmust 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 mustshall 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, wherewhen appropriate, in determining the lowest 33.26 overall bid. Any or all bids may be rejected. In a case33.27 whereWhen competitive bids are required and whereall 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 shallmust 38.25 never exceed onetwo percent of the total sums to be apportioned 38.26 to the counties. This sum shallmust 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 suchdisaster 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 shallmust be made 39.5 by the commissioner. Upon determining to aid any sucha 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 thereuponthen issue a warrant in 39.9 that amount payable to the county treasurer of the county. 39.10 Money so paid shallmust 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 shallmust 39.20 never exceed fivethree 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 shallmust 39.23 be used to provide aid to any suchcity 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 suchcity desiring aid by reason of suchdisaster 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 shallmust 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 thereuponthen issue a warrant in that amount payable to the 40.6 fiscal officer of the city. Money so paid shallmust 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 thecarrying of42.22 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 thanincluding 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 suchthose 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, shallare not berequired 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 shall43.28 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 which44.9 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 shallmust 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 shall45.5 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 vehicle45.8 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. SuchThis identification shallmust 45.15 be in a color giving contrast with that of the part of the 45.16 vehicle on which it is placed and shallmust endure throughout 45.17 the term of the registration. The identification must not be on 45.18 a removable plate or placard and shallmust 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 of45.36 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 toand 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 shalldoes 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 implementsa 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, orwho 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 shalldescribed in paragraph (a) 50.4 who is also beengaged 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 "utility50.8 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 carrying50.11 capacity of 2000gross 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 on50.18 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 shallmust 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 registrardepartment 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 NUMBERPLATES; 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 tomust state the quality of material 51.26 desired in suchthe 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 suchmotor vehicle 51.34 number plates shallmust 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 suchthe laboratory shallmust be 52.2 included in the cost of materials purchased. 52.3 (b) The cost of delivery of suchnumber plates to the 52.4 commissioner of public safety at places whichdesignated by the 52.5 commissioner may designate shallmust 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 suchthe specifications ,; provided that such52.12 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 beare available for allotment, 52.21 encumbrance, and expenditure from and after the date of the 52.22 enactment of suchthe appropriation. Materials and equipment 52.23 used in the manufacture of suchnumber 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 EveryA law enforcement officer who, in the regular course of 53.15 duty, investigates a motor vehicle accident of which report must53.16 be made as required inthat must be reported under this section ,53.17 either at the time of and at the scene of the accident or53.18 thereafter by interviewing participants or witnesses,shall, 53.19 within ten days after the date of suchthe accident, forward a53.20 an electronic or written report of suchthe 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 , andelectronic 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 suchthe reports and the purposes to be 53.32 served. The electronic or written reportsreport forms to be 53.33 madecompleted by persons involved in accidents and by 53.34 investigating officers shallmust 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.] EveryA required 54.5 accident report required to be made in writing shallmust be 54.6 made on thean appropriate form approved by the department of 54.7 public safety and contain all of the information 54.8 required thereinunless 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; or54.20 (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 the56.18 current year onlyor 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 shallmust be 56.34 displayed on the rear thereofof 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 shallmust 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 shallmust be displayed on the front thereofof 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 shallmust be displayed on the front and one on the rear thereof57.17 of the vehicle. 57.18 (g) All plates shallmust 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 beis 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 therefora license 58.5 designating the type or class of vehicles the applicant is 58.6 authorized to drive as applied for , which. This license shall58.7 must bear thereona 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 beis valid until it has been sosigned by the 58.14 licensee. Except in the case of an instruction permit, every 58.15 license shallmust bear thereona 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 shallmust 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 suchthe licenses, without ready detection. A license issued to 58.24 an applicant ofage 65 or over shallmust 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 $200,000in afiscal 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 yearto the 59.35 commissioner of transportationpublic 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 shalldo 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 suchthose institutions ; nor to61.24 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 suchthose instructors may make a 61.31 charge for that instruction, if there is no private commercial 61.32 driver training school licensed under this statutesections 61.33 171.33 to 171.41 within ten miles of the municipality where such61.34 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 moneysmoney 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: large62.30 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 shallmust be: for large63.1 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 environmental64.21 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 $5,000,000has 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 ; and64.36 (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 thethe 65.5 state's communications system described in subdivision 1systems 65.6 and to reduce the proliferation of communications towers, the 65.7 commissioner shallmay, 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 shallmay construct buildings and 65.10 structures needed for developing the systemstate'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 safetythe state's 65.34 communications system facilities or real or personal property ,65.35 or (2) services provided by a commercial wireless service65.36 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 socollected are appropriated to the 66.9 commissioner to pay for the commissioner's share and state66.10 patrol's share of the costs of constructingdeveloping and 66.11 maintaining the communication system sitescommunications 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 shallor 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, orpublic 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 anany 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 fiscal69.35 years 1998, 1999, and 2000, and three-fourths of one percent69.36 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, and70.6 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 equipmentvehicles 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 SHAREDEPOSIT 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 percent72.4 of themoney 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; and73.9 (8) a first responder who is certified by the commissioner73.10 of healthemergency 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 revolving73.32 loan account, the county state-aid highway revolving loan73.33 account, and the municipal state-aid street revolving loan73.34 account. 73.35 (c) [DEPARTMENT.] "Department" means the department of73.36 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 the74.15 municipal state-aid street revolving loan accountis to provide 74.16 loans and matching moneyfor 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 receivereceives 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 commissioner75.12 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 county75.19 state-aid highway revolving loan account, and the municipal75.20 state-aid street revolving loan accountand 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 the75.24 transportation committee, the commissioner of transportation may75.25 transfer money from the trunk highway revolving loan account to75.26 the trunk highway fund, from the county state-aid highway75.27 revolving loan account to the county state-aid highway fund, and75.28 from the municipal state-aid street revolving loan account to75.29 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 trunk76.10 highway revolving loan account, the county state-aid highway76.11 revolving loan account, or the municipal state-aid street76.12 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 other76.27 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 highway76.32 revolving loan account, the county state-aid highway revolving76.33 loan account, or municipal state-aid street revolving loan76.34 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 revolving77.6 loan account, the county state-aid highway revolving loan77.7 account, or the municipal state-aid street revolving loan77.8 account,the transportation committee shall comply with the 77.9 conditionsapplicable 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 madedisbursed for specific project elements only 77.22 after all federalapplicable environmental requirements 77.23 applicable to the projecthave been complied with and all77.24 federal environmental requirements have beenmet. 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, the78.2 trunk highway revolving loan account, the county state-aid78.3 highway revolving loan account, or the municipal state-aid78.4 street revolving loan accountshall be paid by the commissioner 78.5 of transportation to the appropriate loan fund or accountto 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 PROGRAMPERFORMANCE-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 10041.5 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; 3233 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; 2223 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; 2425 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; 3941 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 acting108.15 pursuant to this paragraph shall receive pay and expenses in the108.16 amount and manner provided by law for judges serving on the108.17 court to which the retired judge is assigned, less the amount of108.18 retirement pay which the judge is receivingThe 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 and109.34 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 ; and114.23 (viii) conducting educational programs designed to inform114.24 automobile owners of methods of preventing automobile theft and114.25 to provide equipment, for experimental purposes, to enable114.26 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, 20012003. 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, 20012003. 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, 20012003. 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 courttrial 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 courttrial 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 courttrial 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 courttrial 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 DUTYREQUIRED 126.16 FINGERPRINTING.] (a) It is hereby made the duty of theSheriffs 126.17 of the respective counties, of the police, peace officers in126.18 cities of the first, second, and third classes, under the126.19 direction of the chiefs of police in such cities, and of126.20 community corrections agencies operating secure juvenile 126.21 detention facilities toshall 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 apprehensionon such forms 127.12 and in such manner as may be prescribed by the superintendent of127.13 the bureau of criminal apprehension. 127.14 (b) Effective August 1, 1997, the identification reporting127.15 requirements shall also apply to persons arrested for or alleged127.16 to have committed targeted misdemeanor offenses and juveniles127.17 arrested for or alleged to have committed gross misdemeanors.127.18 In addition, the reporting requirements shall include any known127.19 aliases or street names of the offendersProsecutors, 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) TheEach sheriff of each countyand thechief of police 127.33 of each city of the first, second, and third classesshall 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 maymust be taken under the provisions of section 128.4 299C.10 , of persons who shall be convicted of a felony, gross128.5 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 nextimmediately 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 $25surcharge, 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 surchargeshall 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 surchargeshall be credited to the 136.1 peace officers training account in the special revenue fund; and 136.2 (3) 60 percent of the surchargeshall 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, or150.8 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 347.54347.56, 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 countyAn 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; and156.22 (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 countyanimal 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 dangerous157.34 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 ten40 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, oraids, or 160.6 assists by word or acts another known bywhom the actor to have160.7 knows or has reason to know has committed a felonycrime 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 known160.28 bywhom the actor to haveknows 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 speciallydesigned 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 specified163.11 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 ten15 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, or609.345, 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, or609.345, 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 ofis 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, or609.345, 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, or609.345, 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; or178.4 a similar law of another state, the District of Columbia, tribal178.5 lands, or United States territories;and the end of the five 178.6 years following discharge from sentence for that 178.7 convictionoffense. 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; or178.22 a similar law of another state, the District of Columbia, tribal178.23 lands, or United States territories;and the end of the five 178.24 years following discharge from sentence for that 178.25 convictionoffense; 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 any186.28 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 adjudicationoffense, 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 this187.1 section or sections 609.221 to 609.2231, 609.2242, 609.377, or187.2 609.713, 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 sections187.19 609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or187.20 609.713, 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 adjudicationoffense 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 sections187.29 609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any187.30 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 any188.4 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 adjudicationoffense 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 similar188.20 law of another stateand the end of the five years following 188.21 discharge from sentence or disposition for that conviction or188.22 adjudicationoffense 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; or189.30 609.749;and the end of the five years following discharge from 189.31 sentence for that convictionoffense. 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 convictionoffense; 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; sections191.22 609.221 to 609.2242; 518B.01, subdivision 14; 609.748,191.23 subdivision 6; or 609.713, subdivision 1 or 3; or a similar law191.24 from another stateand the end of the ten years following 191.25 discharge from sentence or disposition for that conviction or191.26 adjudicationoffense. 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 ORABUSE, 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 OF193.33 CITATION; RELEASEDEFINITIONS.] (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 charged194.10 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 the194.21 arrested person or another, or there is a substantial likelihood194.22 the arrested person will fail to respond to a citationrelease 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 personprosecutor'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. The195.7 arrested person must be ordered released pending trial or195.8 hearing on the person's personal recognizance or on an order to195.9 appear or upon the execution of an unsecured bond in a specified195.10 amount unless the judge determines that release (1) will be195.11 inimical to public safety, (2) will create a threat of bodily195.12 harm to the arrested person, the victim of the alleged195.13 harassment or domestic abuse, or another, or (3) will not195.14 reasonably assure the appearance of the arrested person at195.15 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, the196.18 judge may impose any conditions of release that will reasonably196.19 assure the appearance of the person for subsequent proceedings,196.20 or will protect the victim of the alleged harassment or domestic196.21 abuse, or may fix the amount of money bail without other196.22 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-degreesecond-degree driving 200.12 while impaired), 169A.26 ( second-degreethird-degree driving 200.13 while impaired), or 169A.27 ( third-degreefourth-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-degreesecond-degree 200.36 driving while impaired), 169A.26 ( second-degreethird-degree 201.1 driving while impaired), or 169A.27 ( third-degreefourth-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-DEGREESECOND-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-degreesecond-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-degreeSecond-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-DEGREETHIRD-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-degreethird-degree driving while impaired if one 202.1 aggravating factor was present when the violation was committed. 202.2 Subd. 2. [CRIMINAL PENALTY.] Second-degreeThird-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-DEGREEFOURTH-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-degreefourth-degree driving while impaired. 202.13 Subd. 2. [CRIMINAL PENALTY.] Third-degreeFourth-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 sectionsections 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.25169A.24 (first-degree driving while impaired), 169A.26207.18 169A.25 (second-degree driving while impaired), or 169A.27207.19 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-degreesecond-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-degree208.23 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 $40surcharge 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 the213.21 first one-third of the person's probationary term, the213.22 electronic alcohol monitoring must be continuous and involve213.23 measurements of the person's alcohol concentration at least213.24 three times a day. During the remainder of the person's213.25 probationary term, the electronic alcohol monitoring may be213.26 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; and215.13 (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; or216.6 (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 trained217.12 mobile intensive care paramedicemergency 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 trained217.31 mobile intensive care paramedicemergency 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 under218.9 subdivision 2, and except for a person convicted of a violation218.10 of section 169A.20 (driving while impaired) while having a child218.11 under the age of 16 in the vehicle if the child is more than 36218.12 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 aan 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; or220.14 (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 doesand 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 registered221.17 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 thentransfer 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 that223.24 employs the appropriate agency responsible for the forfeiture223.25 for use in DWI-related enforcement, training, and education. If223.26 the appropriate agency is an agency of state government, the net223.27 proceeds must be forwarded to the state treasury and credited to223.28 the following funds:223.29 (1) if the forfeited vehicle is a motorboat, the net223.30 proceeds must be credited to the water recreation account in the223.31 natural resources fund;223.32 (2) if the forfeited vehicle is a snowmobile, the net223.33 proceeds must be credited to the snowmobile trails and223.34 enforcement account in the natural resources fund;223.35 (3) if the forfeited vehicle is an all-terrain vehicle, the223.36 net proceeds must be credited to the all-terrain vehicle account224.1 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 motorcycle224.4 account in the natural resources fund;224.5 (5) if the forfeited vehicle is an off-road vehicle, the224.6 net proceeds must be credited to the off-road vehicle account in224.7 the natural resources fund; and224.8 (6) if otherwise, the net proceeds must be credited to the224.9 general funddistributed 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 operateA person who 224.31 drives, operates, or is in physical control of a motor 224.32 vehicle in any mannerwhile 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.