as introduced - 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 the organization and operation of state 1.3 government; appropriating money for transportation, 1.4 public safety, and the judicial system; requiring a 1.5 study of certain high-occupancy vehicle lanes; 1.6 directing construction of a global position tower by 1.7 the commissioner of transportation; eliminating a 1.8 repeal of the state-aid rules advisory committee; 1.9 providing for the disposition of proceeds from sale of 1.10 state trunk highway bonds and property purchased 1.11 therewith; exempting vehicles of the gambling control 1.12 board from registration; providing for certain 1.13 department of transportation contracts; designating 1.14 King of Trails; providing for payment of certain 1.15 engineering costs from town bridge account; providing 1.16 for revenues from certain department of transportation 1.17 leases; authorizing advance funding for interregional 1.18 corridor development; adjusting percentages of 1.19 state-aid funds set aside for disaster accounts; 1.20 authorizing display of certain temporary vehicle 1.21 permits; making certain changes in motor vehicle 1.22 dealer licensing law; increasing motor vehicle 1.23 registration filing fee; providing for refunds of 1.24 registration tax for canceled sale; allowing 1.25 electronic filing of accident reports; authorizing the 1.26 commissioner of transportation to bill for pavement 1.27 marking; making certain changes in greater Minnesota 1.28 public transit assistance program; changing definition 1.29 of major transportation project; restricting certain 1.30 expenditures of state funds for study of light rail 1.31 transit and commuter rail; authorizing establishment 1.32 of railroad quiet zones by local governments; 1.33 authorizing disposal of certain property in state rail 1.34 bank; eliminating certain accounts in transportation 1.35 revolving loan fund and expanding eligibility for 1.36 loans therefrom; restricting recovery for loss arising 1.37 from operation of recreational vehicle on highway 1.38 right-of-way; repealing sunset of metropolitan council 1.39 performance-based funding program for certain transit 1.40 providers; establishing procedures for racial 1.41 profiling data collection and analysis; requiring 1.42 retention of an outside expert to analyze racial 1.43 profiling data; requiring law enforcement training and 1.44 conferences to eliminate racial profiling; increasing 1.45 surcharges on criminal and traffic offenders to fund 1.46 racial profiling and other criminal justice 2.1 initiatives; creating a felony driving while impaired 2.2 penalty for repeat offenders; establishing mandatory 2.3 penalties for repeat driving while impaired offenders; 2.4 modifying, clarifying, and expanding laws related to 2.5 driving while impaired offenses; providing criminal 2.6 penalties; increasing fines and surcharges; 2.7 designating responsibility for obtaining 2.8 identification data from persons arrested or appearing 2.9 in court on charges; requiring reports on suspense 2.10 file information; changing the membership of the 2.11 criminal justice information policy group; specifying 2.12 procedures for setting the salaries of retired judges 2.13 acting as a justice or judge; clarifying, expanding, 2.14 and modifying laws related to predatory offender 2.15 registration; expanding the group of offenders who 2.16 must provide a biological specimen for DNA testing; 2.17 expanding, modifying, and proscribing the penalties 2.18 for abuse of a service animal, pet, or companion 2.19 animal; modifying and establishing procedures for 2.20 identifying and destroying dangerous animals; 2.21 clarifying the penalty for certain crimes involving 2.22 fleeing a peace officer; modifying the crimes of 2.23 assisting an offender; increasing the penalty for the 2.24 dissemination of child pornography; amending Minnesota 2.25 Statutes 2000, sections 2.724, subdivision 3; 13.87, 2.26 by adding a subdivision; 16A.641, subdivision 8; 2.27 16B.54, subdivision 2; 16C.05, subdivision 2; 161.082, 2.28 subdivision 2a; 161.14, by adding a subdivision; 2.29 161.23, subdivision 3; 161.32, subdivisions 1, 1a, 1b, 2.30 1e; 162.06, subdivision 3; 162.12, subdivision 3; 2.31 167.51, subdivision 2; 168.012, subdivision 1; 168.09, 2.32 subdivision 7; 168.27, subdivisions 12a, 20; 168.33, 2.33 subdivision 7; 169.09, subdivisions 8, 9; 169.67, 2.34 subdivision 3; 169.79; 169A.03, subdivision 12; 2.35 169A.07; 169A.20, subdivision 3; 169A.25; 169A.26; 2.36 169A.27; 169A.275; 169A.277, subdivision 2; 169A.28, 2.37 subdivision 2; 169A.283, subdivision 1; 169A.35, 2.38 subdivision 1, by adding a subdivision; 169A.37, 2.39 subdivision 1; 169A.40, subdivision 3; 169A.41, 2.40 subdivision 2; 169A.54, subdivision 6; 169A.60, 2.41 subdivisions 1, 13, 14; 169A.63, subdivision 1; 2.42 171.07, subdivision 1; 171.09; 171.183, subdivision 1; 2.43 171.29, subdivision 2; 171.39; 174.24, subdivision 3b; 2.44 174.35; 174.55, subdivisions 4, 5; 174.70, 2.45 subdivisions 2, 3; 174.88, subdivision 2; 222.63, 2.46 subdivision 4; 243.166, subdivisions 1, 3, 4a, 6; 2.47 243.167, subdivision 1; 299A.64, subdivision 1; 2.48 299C.10, subdivision 1; 299C.11; 299C.65, subdivisions 2.49 1, 2; 343.20, by adding subdivisions; 343.21, 2.50 subdivisions 9, 10, by adding a subdivision; 343.235, 2.51 subdivisions 1, 3; 347.50, subdivision 1, by adding a 2.52 subdivision; 347.51, subdivisions 2, 9, by adding a 2.53 subdivision; 347.52; 347.55; 357.021, subdivisions 6, 2.54 7; 446A.085; 473.399, by adding a subdivision; 2.55 609.035, subdivision 2; 609.117; 609.487, subdivision 2.56 4; 609.495, subdivisions 1, 3; 609.521; 617.247, 2.57 subdivision 3, as amended; 626.52, by adding a 2.58 subdivision; 629.471, subdivision 2; Laws 1997, 2.59 chapter 159, article 2, section 4; Laws 1999, chapter 2.60 238, article 1, section 2, subdivision 7; Laws 2001, 2.61 chapter 161, section 58; proposing coding for new law 2.62 in Minnesota Statutes, chapters 161; 167; 168A; 169A; 2.63 174; 219; 299A; 299C; 347; 609; 626; repealing 2.64 Minnesota Statutes 2000, sections 174.22, subdivision 2.65 9; 243.166, subdivision 10; 347.51, subdivision 6; 2.66 626.55, subdivision 2. 2.67 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.68 ARTICLE 1 3.1 TRANSPORTATION AND OTHER AGENCIES 3.2 APPROPRIATIONS 3.3 Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 3.4 The sums shown in the columns marked "APPROPRIATIONS" are 3.5 appropriated from the general fund, or another named fund, to 3.6 the agencies and for the purposes specified in this article, to 3.7 be available for the fiscal years indicated for each purpose. 3.8 The figures "2002" and "2003," where used in this article, mean 3.9 that the appropriations listed under them are available for the 3.10 year ending June 30, 2002, or June 30, 2003, respectively. If 3.11 the figures are not used, the appropriations are available for 3.12 the year ending June 30, 2002, or June 30, 2003, respectively. 3.13 The term "first year" means the year ending June 30, 2002, and 3.14 the term "second year" means the year ending June 30, 2003. 3.15 SUMMARY BY FUND 3.16 2002 2003 TOTAL 3.17 General $ ...,...,... $...,...,... $...,...,... 3.18 Airports ..,...,... ..,...,... ..,...,... 3.19 C.S.A.H. ...,...,... ...,...,... ...,...,... 3.20 Highway User ..,...,... ..,...,... ..,...,... 3.21 M.S.A.S. ...,...,... ...,...,... ...,...,... 3.22 Special Revenue ...,... ...,... .,...,... 3.23 Trunk 3.24 Highway .,...,...,... .,...,...,... .,...,...,... 3.26 TOTAL $.,...,...,... $.,...,...,... $.,...,...,... 3.27 APPROPRIATIONS 3.28 Available for the Year 3.29 Ending June 30 3.30 2002 2003 3.31 Sec. 2. TRANSPORTATION 3.32 Subdivision 1. Total 3.33 appropriation $.,...,...,... $.,...,...,... 3.35 The appropriations in this section are 3.36 from the trunk highway fund, except 3.37 when another fund is named. 3.38 Summary by Fund 3.39 General ..,...,... ..,...,... 3.40 Airports ..,...,... ..,...,... 4.1 C.S.A.H. ...,...,... ...,...,... 4.2 M.S.A.S. ...,...,... ...,...,... 4.3 Trunk Highway .,...,...,... .,...,....,.. 4.4 Subd. 2. Aeronautics ..,...,... ..,...,... 4.5 Summary by Fund 4.6 Airports ..,...,... ..,...,... 4.7 General ..,... ..,... 4.8 Trunk Highway ..,... ..,... 4.9 Except as otherwise provided, the 4.10 appropriations in this subdivision are 4.11 from the state airports fund. 4.12 The amounts that may be spent from this 4.13 appropriation for each activity are as 4.14 follows: 4.15 (a) Airport Development and Assistance 4.16 ..,...,... ..,...,... 4.17 These appropriations must be spent 4.18 according to Minnesota Statutes, 4.19 section 360.305, subdivision 4. 4.20 If the appropriation for either year is 4.21 insufficient, the appropriation for the 4.22 other year is available for it. 4.23 (b) Aviation Support 4.24 .,...,... .,...,... 4.25 (c) Air Transportation Services 4.26 ...,... ...,... 4.27 Summary by Fund 4.28 Airports ..,... ..,... 4.29 General ..,... ..,... 4.30 Trunk Highway ..,... ..,... 4.31 Subd. 3. Transit ..,...,... ..,...,... 4.32 Summary by Fund 4.33 General ..,...,... ..,...,... 4.34 Trunk Highway ...,... ...,... 4.35 The amounts that may be spent from this 4.36 appropriation for each activity are as 4.37 follows: 4.38 (a) Greater Minnesota Transit 4.39 Assistance 4.40 ..,...,... ..,...,... 4.41 This appropriation is from the general 4.42 fund. Any unencumbered balance the 5.1 first year does not cancel but is 5.2 available for the second year. 5.3 (b) Transit Administration 5.4 ....... ....... 5.5 Summary by Fund 5.6 General ...,... ...,... 5.7 Trunk Highway ...,... ...,... 5.8 Subd. 4. Railroads and Waterways .,...,... .,...,... 5.9 Summary by Fund 5.10 General ...,... ...,... 5.11 Trunk Highway .,...,... .,...,... 5.12 Subd. 5. Motor Carrier Regulation .,...,... .,...,... 5.13 Summary by Fund 5.14 General ...,... ...,... 5.15 Trunk Highway .,...,... .,...,... 5.16 Subd. 6. Local Roads ...,...,... ...,...,... 5.17 Summary by Fund 5.18 C.S.A.H. ...,...,... ...,...,... 5.19 M.S.A.S. ...,...,... ...,...,... 5.20 The amounts that may be spent from this 5.21 appropriation for each activity are as 5.22 follows: 5.23 (a) County State Aids 5.24 ...,...,... ...,...,... 5.25 This appropriation is from the county 5.26 state-aid highway fund and is available 5.27 until spent. 5.28 (b) Municipal State Aids 5.29 ...,...,... ...,...,... 5.30 This appropriation is from the 5.31 municipal state-aid street fund and is 5.32 available until spent. 5.33 If an appropriation for either county 5.34 state aids or municipal state aids does 5.35 not exhaust the balance in the fund 5.36 from which it is made in the year for 5.37 which it is made, the commissioner of 5.38 finance, upon request of the 5.39 commissioner of transportation, shall 5.40 notify the chair of the transportation 5.41 finance committee of the house of 5.42 representatives and the chair of the 5.43 transportation budget division of the 5.44 senate of the amount of the remainder 5.45 and shall then add that amount to the 5.46 appropriation. The amount added is 6.1 appropriated for the purposes of county 6.2 state aids or municipal state aids, as 6.3 appropriate. 6.4 Subd. 7. State Roads ...,...,... ...,...,... 6.5 Summary by Fund 6.6 General .,... .,... 6.7 Trunk Highway ...,...,... ...,...,... 6.8 The amounts that may be spent from this 6.9 appropriation for each activity are as 6.10 follows: 6.11 (a) State Road Construction 6.12 ...,...,... ...,...,... 6.13 It is estimated that these 6.14 appropriations will be funded as 6.15 follows: 6.16 Federal Highway Aid 6.17 ...,...,... ...,...,... 6.18 Highway User Taxes 6.19 ...,...,... ...,...,... 6.20 The commissioner of transportation 6.21 shall notify the chair of the 6.22 transportation budget division of the 6.23 senate and chair of the transportation 6.24 finance committee of the house of 6.25 representatives quarterly of any events 6.26 that should cause these estimates to 6.27 change. 6.28 This appropriation is for the actual 6.29 construction, reconstruction, and 6.30 improvement of trunk highways. This 6.31 includes the cost of actual payment to 6.32 landowners for lands acquired for 6.33 highway rights-of-way, payment to 6.34 lessees, interest subsidies, and 6.35 relocation expenses. 6.36 (b) Highway Debt Service 6.37 ..,...,... ..,...,... 6.38 If this appropriation is insufficient 6.39 to make all transfers required in the 6.40 year for which it is made, the 6.41 commissioner of finance shall notify 6.42 the committee on state government 6.43 finance of the senate and the committee 6.44 on ways and means of the house of 6.45 representatives of the amount of the 6.46 deficiency and shall then transfer that 6.47 amount under the statutory open 6.48 appropriation. 6.49 Any excess appropriation must be 6.50 canceled to the trunk highway fund. 6.51 (c) Research and Investment Management 7.1 ..,...,... ..,...,... 7.2 $100,000 in the first year is for a 7.3 study of the feasibility and 7.4 desirability of allowing all vehicles 7.5 to use lanes on marked interstate 7.6 highways No. 394 and No. 35W presently 7.7 restricted to high-occupancy vehicles 7.8 only. The commissioner shall determine 7.9 a time during which such use shall be 7.10 allowed, and take all necessary steps 7.11 to permit such use for the period of 7.12 the study. The commissioner shall 7.13 contract with an independent consultant 7.14 to study the effects of opening the 7.15 lanes to all vehicles on traffic flow, 7.16 traffic congestion, transit and 7.17 high-occupancy vehicle use, and highway 7.18 safety on interstate highways No. 394 7.19 and No. 35W and other affected 7.20 highways. The commissioner shall 7.21 report to the legislature on the 7.22 results of the study by February 1, 7.23 2002. The commissioner shall take no 7.24 actions with respect to this study that 7.25 would result in a loss of federal funds 7.26 to the state or significant delay to a 7.27 state or local transportation project 7.28 financed partly with federal funds. 7.29 (d) Central Engineering Services 7.30 ..,...,... ..,...,... 7.31 (e) Design and Construction Engineering 7.32 ..,...,... ..,...,... 7.33 (f) State Road Operations 7.34 ...,...,... ...,...,... 7.35 (g) Electronic Communications 7.36 .,...,... .,...,... 7.37 Summary by Fund 7.38 General .,... .,... 7.39 Trunk Highway .,...,... .,...,... 7.40 Subd. 8. General Support ..,...,... ..,...,... 7.41 Summary by Fund 7.42 General ..,... ..,... 7.43 Airports ..,... ..,... 7.44 Trunk Highway ..,...,... ..,...,... 7.45 The amounts that may be spent from this 7.46 appropriation for each activity are as 7.47 follows: 7.48 (a) General Management 7.49 ..,...,... ..,...,... 7.50 (b) General Services 8.1 ..,...,... ..,...,... 8.2 Summary by Fund 8.3 General ..,... ..,... 8.4 Airports ..,... ..,... 8.5 Trunk Highway ..,...,... ..,...,... 8.6 If the appropriation for either year is 8.7 insufficient, the appropriation for the 8.8 other year is available for it. 8.9 Subd. 9. Buildings .,...,... -0- 8.10 This appropriation is available until 8.11 June 30, 2003. 8.12 Subd. 10. Transfers 8.13 (a) The commissioner of transportation 8.14 with the approval of the commissioner 8.15 of finance may transfer unencumbered 8.16 balances among the appropriations from 8.17 the trunk highway fund and the state 8.18 airports fund made in this section. No 8.19 transfer may be made from the 8.20 appropriation for state road 8.21 construction. No transfer may be made 8.22 from the appropriations for debt 8.23 service to any other appropriation. 8.24 Transfers under this paragraph may not 8.25 be made between funds. Transfers must 8.26 be reported immediately to the chair of 8.27 the transportation budget division of 8.28 the senate and the chair of the 8.29 transportation finance committee of the 8.30 house of representatives. 8.31 (b) The commissioner of finance shall 8.32 transfer from the flexible account in 8.33 the county state-aid highway fund 8.34 $6,400,000 the first year and 8.35 $2,400,000 the second year to the 8.36 municipal turnback account in the 8.37 municipal state-aid street fund, and 8.38 the remainder in each year to the 8.39 county turnback account in the county 8.40 state-aid highway fund. 8.41 Subd. 11. Use of State Road 8.42 Construction Appropriations 8.43 Any money appropriated to the 8.44 commissioner of transportation for 8.45 state road construction for any fiscal 8.46 year before fiscal year 2001 is 8.47 available to the commissioner during 8.48 fiscal years 2002 and 2003 to the 8.49 extent that the commissioner spends the 8.50 money on the state road construction 8.51 project for which the money was 8.52 originally encumbered during the fiscal 8.53 year for which it was appropriated. 8.54 The commissioner of transportation 8.55 shall report to the commissioner of 8.56 finance by August 1, 2001, and August 8.57 1, 2002, on a form the commissioner of 8.58 finance provides, on expenditures made 9.1 during the previous fiscal year that 9.2 are authorized by this subdivision. 9.3 Subd. 12. Contingent Appropriation 9.4 The commissioner of transportation, 9.5 with the approval of the governor after 9.6 consultation with the legislative 9.7 advisory commission under Minnesota 9.8 Statutes, section 3.30, may transfer 9.9 all or part of the unappropriated 9.10 balance in the trunk highway fund to an 9.11 appropriation (1) for trunk highway 9.12 design, construction, or inspection in 9.13 order to take advantage of an 9.14 unanticipated receipt of income to the 9.15 trunk highway fund, (2) for trunk 9.16 highway maintenance in order to meet an 9.17 emergency, or (3) to pay tort or 9.18 environmental claims. The amount 9.19 transferred is appropriated for the 9.20 purpose of the account to which it is 9.21 transferred. 9.22 Sec. 3. METROPOLITAN COUNCIL 9.23 TRANSIT ..,...,... ..,...,... 9.25 Transit Operations ..,...,... ..,...,... 9.26 Sec. 4. PUBLIC SAFETY 9.27 Subdivision 1. Total 9.28 Appropriation ...,...,... ...,...,... 9.30 Summary by Fund 9.31 General ..,...,... ..,...,... 9.32 Trunk 9.33 Highway ..,...,... ..,...,... 9.34 Highway User ..,...,... ..,...,... 9.35 Special 9.36 Revenue ...,... ...,... 9.37 Subd. 2. Administration 9.38 and Related Services ..,...,... ..,...,... 9.39 Summary by Fund 9.40 General .,...,... .,...,... 9.41 Trunk Highway .,...,... .,...,... 9.42 Highway User .,...,... .,...,... 9.43 (a) Office of Communications 9.44 ...,... ...,... 9.45 Summary by Fund 9.46 General ..,... ..,... 9.47 Trunk Highway ...,... ...,... 9.48 (b) Public Safety Support 10.1 .,...,... .,...,... 10.2 Summary by Fund 10.3 General .,...,... .,...,... 10.4 Trunk Highway .,...,... .,...,... 10.5 Highway User .,...,... .,...,... 10.6 (c) Technical Support Services 10.7 .,...,... .,...,... 10.8 Summary by Fund 10.9 General .,...,... .,...,... 10.10 Trunk Highway .,...,... .,...,... 10.11 Highway User ..,... ..,... 10.12 Subd. 3. State Patrol ..,...,... ..,...,... 10.13 Summary by Fund 10.14 General .,...,... .,...,... 10.15 Trunk Highway ..,...,... ..,...,... 10.16 Highway User ..,... ..,... 10.17 (a) Patrolling Highways 10.18 ..,...,... ..,...,... 10.19 Summary by Fund 10.20 General ..,... ..,... 10.21 Trunk Highway ..,...,... ..,...,... 10.22 Highway User ..,... ..,... 10.23 (b) Commercial Vehicle Enforcement 10.24 .,...,... .,...,... 10.25 This appropriation is from the trunk 10.26 highway fund. 10.27 (c) Capitol Security 10.28 .,...,... .,...,... 10.29 Subd. 4. Driver and 10.30 Vehicle Services ..,...,... ..,...,... 10.31 Summary by Fund 10.32 General .,...,... .,...,... 10.33 Trunk Highway ..,...,... ..,...,... 10.34 Highway User .,...,... .,...,... 10.35 (a) Vehicle Registration 10.36 and Title 10.37 ..,...,... ..,...,... 11.1 Summary by Fund 11.2 General .,...,... .,...,... 11.3 Highway User .,...,... .,...,... 11.4 (b) Licensing Drivers 11.5 ..,...,... ..,...,... 11.6 Summary by Fund 11.7 General ..,... ..,... 11.8 Trunk Highway ..,...,... ..,...,... 11.9 Subd. 5. Traffic Safety ...,... ...,... 11.10 This appropriation is from the trunk 11.11 highway fund. 11.12 Subd. 6. Pipeline Safety ...,... ...,... 11.13 This appropriation is from the pipeline 11.14 safety account in the special revenue 11.15 fund. 11.16 Sec. 6. FINANCE .,...,... -0- 11.17 Sec. 7. GENERAL CONTINGENT 11.18 ACCOUNTS ...,... ...,... 11.19 Summary by Fund 11.20 Trunk Highway ...,... ...,... 11.21 Highway User ...,... ...,... 11.22 Airports ..,... ..,... 11.23 The appropriations in this section may 11.24 only be spent with the approval of the 11.25 governor after consultation with the 11.26 legislative advisory commission 11.27 pursuant to Minnesota Statutes, section 11.28 3.30. 11.29 If an appropriation in this section for 11.30 either year is insufficient, the 11.31 appropriation for the other year is 11.32 available for it. 11.33 Sec. 8. TORT CLAIMS ...,... ...,... 11.34 To be spent by the commissioner of 11.35 finance. 11.36 This appropriation is from the trunk 11.37 highway fund. 11.38 If the appropriation for either year is 11.39 insufficient, the appropriation for the 11.40 other year is available for it. 11.41 Sec. 9. [DEPARTMENT OF TRANSPORTATION DISTRICT 1 11.42 CONSTRUCTION BUDGET.] 11.43 The commissioner of transportation shall reduce the 11.44 construction budget of the department of transportation 12.1 construction district 1 by $35,000,000 over the period from 12.2 fiscal year 2003 through fiscal year 2007, in order to repay the 12.3 advance of highway construction funds in fiscal years 2001 and 12.4 2002. The reduction in each year of the period must equal the 12.5 cost of trunk highway construction projects that were originally 12.6 scheduled to be constructed during that year that were 12.7 constructed in fiscal year 2001 or 2002 instead. 12.8 Sec. 10. Laws 1999, chapter 238, article 1, section 2, 12.9 subdivision 7, is amended to read: 12.10 Subd. 7. State Roads 912,625,000 923,769,000 12.11 Summary by Fund 12.12 General 59,000 9,000 12.13 Trunk Highway 912,566,000 923,760,000 12.14 The amounts that may be spent from this 12.15 appropriation for each activity are as 12.16 follows: 12.17 (a) State Road Construction 12.18 516,684,000 521,707,000 12.19 It is estimated that these 12.20 appropriations will be funded as 12.21 follows: 12.22 Federal Highway Aid 12.23 275,000,000 275,000,000 12.24 Highway User Taxes 12.25 241,684,000 246,707,000 12.26 The commissioner of transportation 12.27 shall notify the chair of the 12.28 transportation budget division of the 12.29 senate and chair of the transportation 12.30 finance committee of the house of 12.31 representatives quarterly of any events 12.32 that should cause these estimates to 12.33 change. 12.34 This appropriation is for the actual 12.35 construction, reconstruction, and 12.36 improvement of trunk highways. This 12.37 includes the cost of actual payment to 12.38 landowners for lands acquired for 12.39 highway rights-of-way, payment to 12.40 lessees, interest subsidies, and 12.41 relocation expenses. 12.42 The commissioner may transfer up to 12.43 $15,000,000 each year to the trunk 12.44 highway revolving loan account. 12.45 The commissioner may receive money 12.46 covering other shares of the cost of 12.47 partnership projects. These receipts 13.1 are appropriated to the commissioner 13.2 for these projects. 13.3 (b) Highway Debt Service 13.4 13,949,000 13,175,000 13.5 $3,949,000 the first year and 13.6 $3,175,000 the second year are for 13.7 transfer to the state bond fund. 13.8 If this appropriation is insufficient 13.9 to make all transfers required in the 13.10 year for which it is made, the 13.11 commissioner of finance shall notify 13.12 the committee on state government 13.13 finance of the senate and the committee 13.14 on ways and means of the house of 13.15 representatives of the amount of the 13.16 deficiency and shall then transfer that 13.17 amount under the statutory open 13.18 appropriation. 13.19 Any excess appropriation must be 13.20 canceled to the trunk highway fund. 13.21 (c) Research and Investment Management 13.22 12,450,000 12,597,000 13.23 $600,000 the first year and $600,000 13.24 the second year are available for 13.25 grants for transportation studies 13.26 outside the metropolitan area to 13.27 identify critical concerns, problems, 13.28 and issues. These grants are available 13.29 to (1) regional development 13.30 commissions, and (2) in regions where 13.31 no regional development commission is 13.32 functioning, joint powers boards 13.33 established under agreement of two or 13.34 more political subdivisions in the 13.35 region to exercise the planning 13.36 functions of a regional development 13.37 commission, and (3) in regions where no 13.38 regional development commission or 13.39 joint powers board is functioning, the 13.40 department's district office for that 13.41 region. 13.42 $216,000 the first year and $216,000 13.43 the second year are available for 13.44 grants to metropolitan planning 13.45 organizations outside the seven-county 13.46 metropolitan area. 13.47 $75,000 the first year and $25,000 the 13.48 second year are for transportation 13.49 planning relating to the 2000 census. 13.50 This appropriation may not be added to 13.51 the agency's budget base. 13.52 $75,000 the first year and $75,000 the 13.53 second year are for a transportation 13.54 research contingent account to finance 13.55 research projects that are reimbursable 13.56 from the federal government or from 13.57 other sources. If the appropriation 13.58 for either year is insufficient, the 13.59 appropriation for the other year is 13.60 available for it. 14.1 (d) Central Engineering Services 14.2 68,563,000 70,940,000 14.3 (e) Design and Construction Engineering 14.4 80,592,000 83,246,000 14.5 $1,000,000 the first year and $500,000 14.6 the second year are for transportation 14.7 planning relating to the 2000 census. 14.8 This appropriation may not be added to 14.9 the agency's budget base. 14.10 (f) State Road Operations 14.11 214,703,000 216,561,000 14.12 $1,000,000 each year are for 14.13 enhancements to the freeway operations 14.14 program in the metropolitan area. 14.15 $1,000,000 the first year and 14.16 $1,000,000 the second year are for 14.17 maintenance services including rest 14.18 area maintenance, vehicle insurance, 14.19 ditch assessments, and tort claims. 14.20 $3,000,000 the first year and 14.21 $1,000,000 the second year are for 14.22 improved highway striping. 14.23 $500,000 the first year and $500,000 14.24 the second year are for safety 14.25 technology applications. 14.26 $150,000 the first year and $150,000 14.27 the second year are for statewide asset 14.28 preservation and repair. 14.29 $750,000 the first year and $750,000 14.30 the second year are for the 14.31 implementation of the transportation 14.32 worker concept. 14.33 The commissioner shall establish a task 14.34 force to study seasonal road 14.35 restrictions and report to the 14.36 legislature its findings and any 14.37 recommendations for legislative 14.38 action. The commissioner shall appoint 14.39 members representing: 14.40 (1) aggregate and ready-mix producers; 14.41 (2) solid waste haulers; 14.42 (3) liquid waste haulers; 14.43 (4) the logging industry; 14.44 (5) the construction industry; and 14.45 (6) agricultural interests. 14.46 The task force shall report to the 14.47 legislature by February 1, 2000, on its 14.48 findings and recommendations. 14.49 (g) Electronic Communications 15.1 5,684,000 5,543,000 15.2 Summary by Fund 15.3 General 59,000 9,000 15.4 Trunk Highway 5,625,000 5,534,000 15.5 $9,000 the first year and $9,000 the 15.6 second year are from the general fund 15.7 for equipment and operation of the 15.8 Roosevelt signal tower for Lake of the 15.9 Woods weather broadcasting. 15.10 $50,000 the first year from the general 15.11 fund is for purchase of equipment for 15.12 the 800 MHz public safety radio system. 15.13 $200,000 the first year is from the 15.14 trunk highway fund for costs resulting 15.15 from the termination of agreements made 15.16 under article 2, sections 31 and 89, 15.17 and Minnesota Statutes, section 174.70, 15.18 subdivision 2. This appropriation does 15.19 not cancel but is available until spent. 15.20 In each year of the biennium the 15.21 commissioner shall request the 15.22 commissioner of administration to 15.23 request bids for the purchase of 15.24 digital mobile and portable radios to 15.25 be used on the metropolitan regional 15.26 public safety radio communications 15.27 system. 15.28 [EFFECTIVE DATE.] This section is effective the day 15.29 following final enactment. 15.30 ARTICLE 2 15.31 TRANSPORTATION POLICY 15.32 Section 1. Laws 2001, chapter 161, section 58, is amended 15.33 to read: 15.34 Sec. 58. [REPEALER.] 15.35 Minnesota Statutes 2000, sections 15.059, subdivision 5a, 15.36 as amended by Laws 2001, chapter 7, section 7; 17.49, 15.37 subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061; 15.38 60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a; 15.39 124D.894; 124D.95, subdivision 6; 134.31, subdivision 5; 15.40 137.342, subdivision 2; 144A.31;
162.09, subdivision 2;15.41 256B.071, subdivision 5; 256B.0911, subdivision 8; 256B.434, 15.42 subdivision 13; 299A.295, subdivision 2; and 299K.03, 15.43 subdivision 4, are repealed. 15.44 [EFFECTIVE DATE.] This section is effective the day 15.45 following final enactment. 16.1 Sec. 2. Minnesota Statutes 2000, section 16A.641, 16.2 subdivision 8, is amended to read: 16.3 Subd. 8. [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 16.4 bonds issued under each law are appropriated for the purposes 16.5 described in the law and in this subdivision. This 16.6 appropriation may never be canceled. 16.7 (b) Before the proceeds are received in the proper special 16.8 fund, the commissioner may transfer to that fund from the 16.9 general fund amounts not exceeding the expected proceeds from 16.10 the next bond sale. The commissioner shall return these amounts 16.11 to the general fund by transferring proceeds when received. The 16.12 amounts of these transfers are appropriated from the general 16.13 fund and from the bond proceeds. 16.14 (c) Actual and necessary travel and subsistence expenses of 16.15 employees and all other nonsalary expenses incidental to the 16.16 sale, printing, execution, and delivery of bonds must be paid 16.17 from the proceeds. The proceeds are appropriated for this 16.18 purpose. Bond proceeds must not be used to pay any part of the 16.19 salary of a state employee involved in the sale, printing, 16.20 execution, or delivery of the bonds. 16.21 (d) Bond proceeds remaining in a special fund after the 16.22 purposes for which the bonds were issued are accomplished or 16.23 abandoned, as certified by the head of the agency administering 16.24 the special fund, or as determined by the commissioner, unless 16.25 devoted under the appropriation act to another purpose 16.26 designated in the act, shallmust be transferred to the state 16.27 bond fund. 16.28 (e) Before the proceeds of state highway bonds are received 16.29 in the trunk highway fund, the commissioner may either: 16.30 (1) transfer funds to the trunk highway fund from the 16.31 general fund; or 16.32 (2) authorize the use of funds in the trunk highway fund, 16.33 in an amount not exceeding the expected proceeds from the next 16.34 state highway bond sale. 16.35 These funds must be used in accordance with the legislative 16.36 authorization to sell state highway bonds. The commissioner 17.1 shall return these funds to the general fund or replace the 17.2 funds used from the trunk highway fund by transferring proceeds 17.3 when received. The amounts of these transfers are appropriated 17.4 from the general fund and from the state highway bond proceeds. 17.5 Sec. 3. Minnesota Statutes 2000, section 16B.54, 17.6 subdivision 2, is amended to read: 17.7 Subd. 2. [VEHICLES.] (a) [ACQUISITION FROM AGENCY;17.8 APPROPRIATION.]The commissioner may direct an agency to make a 17.9 transfer of a passenger motor vehicle or truck currently 17.10 assigned to it. The transfer must be made to the commissioner 17.11 for use in the central motor pool. The commissioner shall 17.12 reimburse an agency whose motor vehicles have been paid for with 17.13 funds dedicated by the constitution for a special purpose and 17.14 which are assigned to the central motor pool. The amount of 17.15 reimbursement for a motor vehicle is its average wholesale price 17.16 as determined from the midwest edition of the National 17.17 Automobile Dealers Association official used car guide. 17.18 (b) [PURCHASE.]To the extent that funds are available for 17.19 the purpose, the commissioner may purchase or otherwise acquire 17.20 additional passenger motor vehicles and trucks necessary for the 17.21 central motor pool. The title to all motor vehicles assigned to 17.22 or purchased or acquired for the central motor pool is in the 17.23 name of the department of administration. 17.24 (c) [TRANSFER AT AGENCY REQUEST.]On the request of an 17.25 agency, the commissioner may transfer to the central motor pool 17.26 any passenger motor vehicle or truck for the purpose of 17.27 disposing of it. The department or agency transferring the 17.28 vehicle or truck must be paid for it from the motor pool 17.29 revolving account established by this section in an amount equal 17.30 to two-thirds of the average wholesale price of the vehicle or 17.31 truck as determined from the midwest edition of the National 17.32 Automobile Dealers Association official used car guide. 17.33 (d) [VEHICLES; MARKING.]The commissioner shall provide 17.34 for the uniform marking of all motor vehicles. Motor vehicle 17.35 colors must be selected from the regular color chart provided by 17.36 the manufacturer each year. The commissioner may further 18.1 provide for the use of motor vehicles without marking by: 18.2 (1) the governor; 18.3 (2) the lieutenant governor; 18.4 (3) the division of criminal apprehension, the division of 18.5 alcohol and gambling enforcement, and arson investigators of the 18.6 division of fire marshal in the department of public safety; 18.7 (4) the financial institutions division of the department 18.8 of commerce; 18.9 (5) the division of disease prevention and control of the 18.10 department of health; 18.11 (6) the state lottery; 18.12 (7) criminal investigators of the department of revenue; 18.13 (8) state-owned community service facilities in the 18.14 department of human services; 18.15 (9) the investigative staff of the department of economic 18.16 security; and18.17 (10) the office of the attorney general; and 18.18 (11) the investigative staff of the gambling control board. 18.19 Sec. 4. Minnesota Statutes 2000, section 16C.05, 18.20 subdivision 2, is amended to read: 18.21 Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A 18.22 contract is not valid and the state is not bound by it unless: 18.23 (1) it has first been executed by the head of the agency or 18.24 a delegate who is a party to the contract; 18.25 (2) it has been approved by the commissioner; 18.26 (3) it has been approved by the attorney general or a 18.27 delegate as to form and execution; 18.28 (4) the accounting system shows an obligation in an expense 18.29 budget or encumbrance for the amount of the contract liability; 18.30 and 18.31 (5) the combined contract and amendments shall not exceed 18.32 five years without specific, written approval by the 18.33 commissioner according to established policy, procedures, and 18.34 standards, or unless otherwise provided for by law. The term of 18.35 the original contract must not exceed two years unless the 18.36 commissioner determines that a longer duration is in the best 19.1 interest of the state. 19.2 (b) Grants, interagency agreements, purchase orders, and 19.3 annual plans need not, in the discretion of the commissioner and 19.4 attorney general, require the signature of the commissioner 19.5 and/or the attorney general. A signature is not required for 19.6 work orders and amendments to work orders related to department 19.7 of transportation contracts. Bond purchase agreements by the 19.8 Minnesota public facilities authority do not require the 19.9 approval of the commissioner. 19.10 (c) A fully executed copy of every contract must be kept on 19.11 file at the contracting agency. 19.12 Sec. 5. Minnesota Statutes 2000, section 161.082, 19.13 subdivision 2a, is amended to read: 19.14 Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 19.15 (a) Money in the town bridge account must be expended on town 19.16 road bridge structures that are ten feet or more in length and 19.17 on town road culverts that replace existing town road bridges. 19.18 In addition, if the present bridge structure is less than ten 19.19 feet in length but a hydrological survey indicates that the 19.20 replacement bridge structure or culvert must be ten feet or more 19.21 in length, then the bridge or culvert is eligible for 19.22 replacement funds. 19.23 (b) In addition, if a culvert that replaces a deficient 19.24 bridge is in a county comprehensive water plan approved by the 19.25 board of water and soil resources and the department of natural 19.26 resources, the costs of the culvert and roadway grading other 19.27 than surfacing are eligible for replacement funds up to the cost 19.28 of constructing a replacement bridge. 19.29 (c) The expenditures on a bridge structure or culvert may 19.30 be paid from the county turnback account and may be for 100 19.31 percent of the cost of the replacement structure or culvert or 19.32 for 100 percent of the cost of rehabilitating the existing 19.33 structure. 19.34 (d) The town bridge account may be used to pay the costs to 19.35 abandon an existing bridge that is deficient and in need of 19.36 replacement, but where no replacement will be made. It may also 20.1 be used to pay the costs to construct a road or street to 20.2 facilitate the abandonment of an existing bridge determined by 20.3 the commissioner to be deficient, if the commissioner determines 20.4 that construction of the road or street is more cost efficient 20.5 than replacing the existing bridge. 20.6 (e) When bridge approach construction work exceeds $10,000 20.7 in costs, or when the county engineer determines that the cost 20.8 of the replacement culverts alone will not exceed $20,000, or 20.9 engineering costs exceed $10,000, the town shall be eligible for 20.10 financial assistance from the town bridge account. Financial 20.11 assistance shall be requested by resolution of the county board 20.12 and shall be limited to: 20.13 (1) 100 percent of the cost of the bridge approach work 20.14 that is in excess of $10,000; or20.15 (2) 100 percent of the cost of the replacement culverts 20.16 when the cost does not exceed $20,000 and the town board agrees 20.17 to be responsible for all the other costs, which may include 20.18 costs for structural removal, installation, and permitting. The 20.19 replacement structure design and costs shall be approved and 20.20 certified by the county engineer, but need not be subsequently 20.21 approved by the department of transportation; or 20.22 (3) 100 percent of all related engineering costs that 20.23 exceed $10,000, or in the case of towns with a net tax capacity 20.24 of less than $200,000, 100 percent of the engineering costs. 20.25 (f) Money in the town road account must be distributed as 20.26 provided in section 162.081. 20.27 Sec. 6. Minnesota Statutes 2000, section 161.14, is 20.28 amended by adding a subdivision to read: 20.29 Subd. 48. [KING OF TRAILS.] (a) The following described 20.30 route, signed as trunk highway No. 75 on the effective date of 20.31 this subdivision, is designated the "King of Trails": 20.32 Constitutional Route No. 6 from its intersection with the 20.33 Minnesota-Canada border southerly to its intersection with 20.34 Legislative Route No. 175 at or near the city of Crookston, then 20.35 Legislative Route No. 175 southwesterly and southerly to its 20.36 intersection with Constitutional Route No. 6 between the cities 21.1 of Halstad and Hendrum, then Constitutional Route No. 6 21.2 southerly to its intersection with the Minnesota-Iowa border. 21.3 (b) The commissioner shall adopt a suitable marking design 21.4 to mark the highway and erect appropriate signs, subject to 21.5 section 161.139. 21.6 Sec. 7. Minnesota Statutes 2000, section 161.23, 21.7 subdivision 3, is amended to read: 21.8 Subd. 3. [LEASING.] The commissioner may lease for the 21.9 term between the acquisition and sale thereof and for a fair 21.10 rental rate and upon such terms and conditions as the 21.11 commissioner deems proper, any excess real estate acquired under 21.12 the provisions ofthis section, and any real estate acquired in 21.13 fee for trunk highway purposes and not presently needed therefor21.14 for those purposes. All rents received from the leases 21.15 shallmust be paid into the state treasury. Seventy percent of 21.16 the rents shallmust be credited to the trunk highway fund. The 21.17 remaining 30 percent shallmust be paid to the county treasurer 21.18 where the real estate is located, and shall bedistributed in 21.19 the same manner as real estate taxes. This subdivision does not 21.20 apply to real estate leased for the purpose of providing 21.21 commercial and public service advertising pursuant to franchise 21.22 agreements as provided in sections 160.276 to 160.278 or to fees 21.23 collected under section 174.70, subdivision 2. 21.24 [EFFECTIVE DATE.] This section is effective the day 21.25 following final enactment. 21.26 Sec. 8. Minnesota Statutes 2000, section 161.32, 21.27 subdivision 1, is amended to read: 21.28 Subdivision 1. [ADVERTISEMENT FOR BIDS.] The commissioner 21.29 may conduct the work or any part thereofof the work incidental 21.30 to the construction and maintenance of the trunk highways by 21.31 labor employed thereforto do the work or by contract. In cases 21.32 of construction work, the commissioner shall first advertise for 21.33 bids for contracts, and if no satisfactory bids are received, 21.34 may either reject all bids and readvertise, or do the work by 21.35 labor employed thereforto do the work. Except as hereinafter21.36 provided in subdivision 3 or 4, when work is to be done under 22.1 contract, the commissioner shall advertise for bids once each 22.2 week for three successive weeks prior to the date suchthe bids 22.3 are to be received. The advertisement for bids shallmust be 22.4 published in a newspaper or other periodical of general 22.5 circulation in the state and may be placed on the Internet. The 22.6 plans and specifications for the proposed work shallmust be on 22.7 file in the commissioner's office prior to the first call for 22.8 bids. 22.9 [EFFECTIVE DATE.] This section is effective the day 22.10 following final enactment. 22.11 Sec. 9. Minnesota Statutes 2000, section 161.32, 22.12 subdivision 1a, is amended to read: 22.13 Subd. 1a. [STANDARD SPECIFICATIONS, SECURITY.] Contracts 22.14 under this section must be based on specifications prescribed by 22.15 the commissioner. Each bidder for a contract mustshall furnish 22.16 security approved by the commissioner to ensure completion of 22.17 the contract. The commissioner may require that bid, 22.18 performance or payment bonds, or other security be furnished 22.19 electronically. 22.20 [EFFECTIVE DATE.] This section is effective the day 22.21 following final enactment. 22.22 Sec. 10. Minnesota Statutes 2000, section 161.32, 22.23 subdivision 1b, is amended to read: 22.24 Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 22.25 bids electronically in a form and manner required by the 22.26 commissioner. Trunk highway construction contracts, including 22.27 design-build contracts, must be awarded to the lowest 22.28 responsible bidder, taking into consideration conformity with 22.29 the specifications, the purpose for which the contract or 22.30 purchase is intended, the status and capability of the vendor, 22.31 and other considerations imposed in the call for bids. The 22.32 commissioner may decide which is the lowest responsible bidder 22.33 for all contracts and may use the principles of life-cycle 22.34 costing, wherewhen appropriate, in determining the lowest 22.35 overall bid. Any or all bids may be rejected. In a case22.36 whereWhen competitive bids are required and whereall bids are 23.1 rejected, new bids, if solicited, must be called for as in the 23.2 first instance, unless otherwise provided by law. 23.3 [EFFECTIVE DATE.] This section is effective the day 23.4 following final enactment. 23.5 Sec. 11. Minnesota Statutes 2000, section 161.32, 23.6 subdivision 1e, is amended to read: 23.7 Subd. 1e. [RECORD.] A record must be kept of all bids, 23.8 including names of bidders, amounts of bids, and each successful 23.9 bid. After the contract is awarded, this record is open to 23.10 public inspection and may be posted on the Internet. 23.11 [EFFECTIVE DATE.] This section is effective the day 23.12 following final enactment. 23.13 Sec. 12. [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 23.14 CORRIDOR DEVELOPMENT.] 23.15 Subdivision 1. [CORRIDOR DEVELOPMENT.] By agreement with 23.16 the commissioner, a road authority other than the commissioner 23.17 or two or more road authorities that have entered into a joint 23.18 powers agreement under section 471.59 may make advances from any 23.19 available funds to the commissioner to expedite development of 23.20 an interregional transportation corridor, including funds for 23.21 design consultants, for right-of-way purchases, for 23.22 construction, or for other related expenditures. 23.23 Subd. 2. [REPAYMENT.] Subject to the availability of state 23.24 money, the commissioner shall repay the amount advanced under 23.25 this section, up to the state's share of costs, under terms of 23.26 the agreement. The agreement may provide for payment of 23.27 interest on the amount of advanced funds. The maximum interest 23.28 rate that may be paid is the rate earned by the state on 23.29 invested treasurer's cash for the month before the date the 23.30 agreement is executed or the actual interest paid by the road 23.31 authority in borrowing for the amount advanced, whichever rate 23.32 is less. The total amount of annual repayment to road 23.33 authorities under this section and section 161.361 must never 23.34 exceed the amount stated in the department's debt management 23.35 policy or $10,000,000, whichever is less. 23.36 [EFFECTIVE DATE.] This section is effective the day 24.1 following final enactment. 24.2 Sec. 13. Minnesota Statutes 2000, section 162.06, 24.3 subdivision 3, is amended to read: 24.4 Subd. 3. [DISASTER ACCOUNT.] (a) After deducting 24.5 administrative costs as provided in subdivision 2, the 24.6 commissioner shall set aside each year a sum of money equal to 24.7 one percent of the remaining money in the county state-aid 24.8 highway fund to provide for a disaster account; provided that 24.9 the total amount of money in the disaster account shallmust 24.10 never exceed onetwo percent of the total sums to be apportioned 24.11 to the counties. This sum shallmust be used to provide aid to 24.12 any county encountering disasters or unforeseen events affecting 24.13 its county state-aid highway system, and resulting in an undue 24.14 and burdensome financial hardship. 24.15 (b) Any county desiring aid by reason of suchdisaster or 24.16 unforeseen event shall request the aid in the form required by 24.17 the commissioner. Upon receipt of the request, the commissioner 24.18 shall appoint a board consisting of two representatives of the 24.19 counties, who must be either a county engineer or member of a 24.20 county board, from counties other than the requesting county, 24.21 and a representative of the commissioner. The board shall 24.22 investigate the matter and report its findings and 24.23 recommendations in writing to the commissioner. 24.24 (c) Final determination of the amount of aid, if any, to be 24.25 paid to the county from the disaster account shallmust be made 24.26 by the commissioner. Upon determining to aid any sucha 24.27 requesting county, the commissioner shall certify to the 24.28 commissioner of finance the amount of the aid, and the 24.29 commissioner of finance shall thereuponthen issue a warrant in 24.30 that amount payable to the county treasurer of the county. 24.31 Money so paid shallmust be expended on the county state-aid 24.32 highway system in accordance with the rules of the commissioner. 24.33 Sec. 14. Minnesota Statutes 2000, section 162.12, 24.34 subdivision 3, is amended to read: 24.35 Subd. 3. [DISASTER ACCOUNT.] (a) After deducting 24.36 administrative costs as provided in subdivision 2, the 25.1 commissioner shall set aside each year a sum of money equal to 25.2 two percent of the remaining money in the municipal state-aid 25.3 street fund to provide for a disaster account; provided, that 25.4 the total amount of money in the disaster account shallmust 25.5 never exceed fivethree percent of the total sums to be 25.6 apportioned to the statutory and home rule charter cities having 25.7 a population of 5,000 or more. The disaster account shallmust 25.8 be used to provide aid to any suchcity encountering disaster or 25.9 unforeseen event affecting the municipal state-aid street system 25.10 of the city, and resulting in an undue and burdensome financial 25.11 hardship. 25.12 (b) Any suchcity desiring aid by reason of suchdisaster 25.13 or unforeseen event shall request aid in the form required by 25.14 the commissioner. Upon receipt of the request the commissioner 25.15 shall appoint a board consisting of two representatives of the 25.16 cities, who must be either a city engineer or member of the 25.17 governing body of a city, from cities other than the requesting 25.18 city, and a representative of the commissioner. The board shall 25.19 investigate the matter and report its findings and 25.20 recommendations in writing to the commissioner. 25.21 (c) Final determination of the amount of aid, if any, to be 25.22 paid to the city from the disaster account shallmust be made by 25.23 the commissioner. Upon determining to aid the city, the 25.24 commissioner shall certify to the commissioner of finance the 25.25 amount of aid, and the commissioner of finance shall 25.26 thereuponthen issue a warrant in that amount payable to the 25.27 fiscal officer of the city. Money so paid shallmust be 25.28 expended on the municipal state-aid street system in accordance 25.29 with rules of the commissioner. 25.30 Sec. 15. [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 25.31 PROCEEDS.] 25.32 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 25.33 subdivision apply to this section. 25.34 (b) "State trunk highway bond-financed property" means 25.35 property acquired, improved, or maintained in whole or in part 25.36 with the proceeds of state trunk highway bonds authorized to be 26.1 issued under the Minnesota Constitution, article XIV, section 11. 26.2 (c) "Outstanding state trunk highway bonds" means the 26.3 dollar amount of state trunk highway bonds, including any 26.4 refunding state trunk highway bonds, issued with respect to 26.5 state trunk highway bond-financed property, less the principal 26.6 amount of state trunk highway bonds paid or defeased. 26.7 Subd. 2. [LEASES.] (a) State trunk highway bond-financed 26.8 property may only be leased (1) for those purposes authorized by 26.9 law, (2) in accordance with the requirements of all other laws 26.10 and duly adopted rules applicable thereto, and orders, if any, 26.11 of the commissioner of finance intended to ensure the legality 26.12 and tax-exempt status of outstanding state trunk highway bonds, 26.13 and (3) with the approval of the commissioner of finance. A 26.14 lease of state trunk highway bond-financed property, including 26.15 any renewals that are solely at the option of the lessee, must 26.16 be for a term substantially less than the useful life of the 26.17 state trunk highway bond-financed property, but may allow 26.18 renewal beyond that term upon a determination by the 26.19 commissioner of transportation that the use continues to be 26.20 authorized by law and that the additional term is authorized by 26.21 law. A lease of state trunk highway bond-financed property must 26.22 be terminable by the commissioner of transportation if the other 26.23 contracting party defaults under the contract and must provide 26.24 for oversight by the commissioner of transportation. 26.25 (b) Notwithstanding the provisions of any other law, money 26.26 received by the state under a lease of state trunk highway 26.27 bond-financed property must be paid to the commissioner of 26.28 transportation, deposited in the state trunk highway fund, and 26.29 used to pay or redeem or defease any outstanding state trunk 26.30 highway bonds in accordance with the commissioner of finance's 26.31 order authorizing their issuance. The money paid to the 26.32 commissioner of transportation is appropriated for this 26.33 purpose. Money in excess of the foregoing requirement must be 26.34 applied as otherwise required by law. 26.35 Subd. 3. [SALES.] (a) State trunk highway bond-financed 26.36 property must not be sold unless the sale (1) is for a purpose 27.1 authorized by law, (2) is conducted in accordance with 27.2 applicable law and duly adopted rules, (3) is made in accordance 27.3 with orders, if any, of the commissioner of finance intended to 27.4 ensure the legality and tax-exempt status of outstanding state 27.5 trunk highway bonds, and (4) is approved by the commissioner of 27.6 finance. 27.7 (b) Notwithstanding any other law, the net proceeds of a 27.8 sale of any state trunk highway bond-financed property must be 27.9 paid to the commissioner of transportation, deposited in the 27.10 state trunk highway fund, and used to pay or redeem or defease 27.11 any outstanding trunk highway bonds in accordance with the 27.12 commissioner of finance's order authorizing their issuance. The 27.13 net proceeds of sale paid to the commissioner of transportation 27.14 are appropriated for these purposes. Any net proceeds of sale 27.15 in excess of the foregoing requirement must be applied as 27.16 otherwise required by law. When all of the net proceeds of sale 27.17 have been applied as provided in this subdivision, the sold 27.18 property is no longer considered state trunk highway 27.19 bond-financed property. 27.20 Subd. 4. [RELATION TO OTHER LAWS.] This section applies to 27.21 all state trunk highway bond-financed property unless otherwise 27.22 provided by law. 27.23 Sec. 16. Minnesota Statutes 2000, section 167.51, 27.24 subdivision 2, is amended to read: 27.25 Subd. 2. [TRANSFERS.] All money transferred from the trunk 27.26 highway fund or from any other source to the Minnesota trunk 27.27 highway bond account and all income from the investment thereof 27.28 shall be available for the payment of outstanding state trunk 27.29 highway bonds and interest thereon, whether or not issued 27.30 pursuant to section 167.50, in the same manner as the proceeds 27.31 of taxes paid into the trunk highway fund, and so much thereof 27.32 as may be necessary is appropriated for such payments. The 27.33 legislature may appropriate and transfer to the Minnesota trunk 27.34 highway bond account, for the payment of such trunk highway 27.35 bonds and interest thereon, any other moneys in the state 27.36 treasury not otherwise appropriated. The commissioner of 28.1 finance and the state treasurer are directed to make the 28.2 appropriate entries in the accounts of the respective funds. 28.3 Sec. 17. Minnesota Statutes 2000, section 168.012, 28.4 subdivision 1, is amended to read: 28.5 Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION 28.6 FEES.] (a) The following vehicles are exempt from the provisions 28.7 of this chapter requiring payment of tax and registration fees, 28.8 except as provided in subdivision 1c: 28.9 (1) vehicles owned and used solely in the transaction of 28.10 official business by the federal government, the state, or any 28.11 political subdivision; 28.12 (2) vehicles owned and used exclusively by educational 28.13 institutions and used solely in the transportation of pupils to 28.14 and from suchthose institutions; 28.15 (3) vehicles used solely in driver education programs at 28.16 nonpublic high schools; 28.17 (4) vehicles owned by nonprofit charities and used 28.18 exclusively to transport disabled persons for educational 28.19 purposes; 28.20 (5) vehicles owned and used by honorary consul; 28.21 (6) ambulances owned by ambulance services licensed under 28.22 section 144E.10, the general appearance of which is 28.23 unmistakable; and 28.24 (7) vehicles owned by a commercial driving school licensed 28.25 under section 171.34, or an employee of a commercial driving 28.26 school licensed under section 171.34, and the vehicle is used 28.27 exclusively for driver education and training. 28.28 (b) Vehicles owned by the federal government, municipal 28.29 fire apparatuses including fire-suppression support vehicles, 28.30 police patrols, and ambulances, the general appearance of which 28.31 is unmistakable, shallare not berequired to register or 28.32 display number plates. 28.33 (c) Unmarked vehicles used in general police work, liquor 28.34 investigations, or arson investigations, and passenger 28.35 automobiles, pickup trucks, and buses owned or operated by the 28.36 department of corrections shall, must be registered and shall29.1 must display appropriate license number plates which shall be, 29.2 furnished by the registrar at cost. Original and renewal 29.3 applications for these license plates authorized for use in 29.4 general police work and for use by the department of corrections 29.5 must be accompanied by a certification signed by the appropriate 29.6 chief of police if issued to a police vehicle, the appropriate 29.7 sheriff if issued to a sheriff's vehicle, the commissioner of 29.8 corrections if issued to a department of corrections vehicle, or 29.9 the appropriate officer in charge if issued to a vehicle of any 29.10 other law enforcement agency. The certification must be on a 29.11 form prescribed by the commissioner and state that the vehicle 29.12 will be used exclusively for a purpose authorized by this 29.13 section. 29.14 (d) Unmarked vehicles used by the departments of revenue 29.15 and labor and industry, fraud unit, in conducting seizures or 29.16 criminal investigations must be registered and must display 29.17 passenger vehicle classification license number plates which29.18 shall be, furnished at cost by the registrar. Original and 29.19 renewal applications for these passenger vehicle license plates 29.20 must be accompanied by a certification signed by the 29.21 commissioner of revenue or the commissioner of labor and 29.22 industry. The certification must be on a form prescribed by the 29.23 commissioner and state that the vehicles will be used 29.24 exclusively for the purposes authorized by this section. 29.25 (e) Unmarked vehicles used by the division of disease 29.26 prevention and control of the department of health must be 29.27 registered and must display passenger vehicle classification 29.28 license number plates. These plates must be furnished at cost 29.29 by the registrar. Original and renewal applications for these 29.30 passenger vehicle license plates must be accompanied by a 29.31 certification signed by the commissioner of health. The 29.32 certification must be on a form prescribed by the commissioner 29.33 and state that the vehicles will be used exclusively for the 29.34 official duties of the division of disease prevention and 29.35 control. 29.36 (f) Unmarked vehicles used by staff of the gambling control 30.1 board in gambling investigations and reviews must be registered 30.2 and must display passenger vehicle classification license number 30.3 plates. These plates must be furnished at cost by the 30.4 registrar. Original and renewal applications for these 30.5 passenger vehicle license plates must be accompanied by a 30.6 certification signed by the board chair. The certification must 30.7 be on a form prescribed by the commissioner and state that the 30.8 vehicles will be used exclusively for the official duties of the 30.9 gambling control board. 30.10 (g) All other motor vehicles shallmust be registered and 30.11 display tax-exempt number plates which shall be, furnished by 30.12 the registrar at cost, except as provided in subdivision 1c. 30.13 All vehicles required to display tax-exempt number plates shall30.14 must have the name of the state department or political 30.15 subdivision, nonpublic high school operating a driver education 30.16 program, or licensed commercial driving school, on the vehicle30.17 plainly displayed on both sides of the vehicle; except that each 30.18 state hospital and institution for the mentally ill and mentally 30.19 retarded may have one vehicle without the required 30.20 identification on the sides of the vehicle, and county social 30.21 service agencies may have vehicles used for child and vulnerable 30.22 adult protective services without the required identification on 30.23 the sides of the vehicle. SuchThis identification shallmust 30.24 be in a color giving contrast with that of the part of the 30.25 vehicle on which it is placed and shallmust endure throughout 30.26 the term of the registration. The identification must not be on 30.27 a removable plate or placard and shallmust be kept clean and 30.28 visible at all times; except that a removable plate or placard 30.29 may be utilized on vehicles leased or loaned to a political 30.30 subdivision or to a nonpublic high school driver education 30.31 program. 30.32 Sec. 18. Minnesota Statutes 2000, section 168.09, 30.33 subdivision 7, is amended to read: 30.34 Subd. 7. [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 30.35 (a) A vehicle that displays a special plate issued under section 30.36 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 31.1 168.124; 168.125; 168.126; 168.128; or 168.129 may display a 31.2 temporary permit in conjunction with expired registration if: 31.3 (1) the current registration tax and all other fees have 31.4 been paid in full; and 31.5 (2) the plate requires replacement under section 168.12, 31.6 subdivision 1, paragraph (b), clause (3). 31.7 (b) A vehicle that is registered under section 168.10 may 31.8 display a temporary permit in conjunction with expired 31.9 registration, with or without a registration license plate, if: 31.10 (1) the license plates have been applied for and the 31.11 registration tax has been paid in full, as provided for in 31.12 section 168.10; and 31.13 (2) the vehicle is used solely as a collector vehicle while 31.14 displaying the temporary permit and not used for general 31.15 transportation purposes. 31.16 (b)(c) The permit is valid for a period of 60 days. The 31.17 permit must be in a form prescribed by the commissioner of 31.18 public safety and whenever practicable must be posted upon the 31.19 driver's side of the rear window on the inside of the vehicle. 31.20 The permit is valid only for the vehicle for which it was issued 31.21 to allow a reasonable time for the new license plates to be 31.22 manufactured and delivered to the applicant. 31.23 Sec. 19. Minnesota Statutes 2000, section 168.27, 31.24 subdivision 12a, is amended to read: 31.25 Subd. 12a. [GROUNDS FOR CANCELLATION WITHOUT HEARING; 31.26 NOTICE REQUIRED.] (a) A license may be canceled by the registrar 31.27 after notice to the dealer, upon satisfactory proof that the 31.28 dealer: (1) has failed to provide or maintain the required 31.29 surety bond , or that the dealer; (2) has failed to provide or 31.30 maintain the insurance required under chapter 65B; or (3) is no 31.31 longer operating at the dealer's licensed location. 31.32 (b) Surety companies and insurers providing required 31.33 coverages shall promptly notify the registrar upon canceling any 31.34 surety bond or required insurance. The registrar shall notify 31.35 the dealer of the reason or reasons for cancellation before the 31.36 cancellation occurs. 32.1 Sec. 20. Minnesota Statutes 2000, section 168.27, 32.2 subdivision 20, is amended to read: 32.3 Subd. 20. [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 32.4 This section shalldoes not apply: 32.5 (1) to any person, copartnership, or corporation engaged in 32.6 the business of selling vehicles designed to operate exclusively 32.7 over snow, motor scooters, motorized wheelchairs, utility 32.8 trailers, farm wagons, farm trailers, or farm tractors or other 32.9 farm implements, whether self-propelled or not ,and even 32.10 though such wagons, trailers, tractors or implementsa vehicle 32.11 listed in this clause may be equipped with a trailer hitch ,; or 32.12 (2) to any person licensed as a real estate broker or 32.13 salesperson pursuant to chapter 82, who engages in the business 32.14 of selling, orwho offers to sell, or who solicits or advertises 32.15 the sale of manufactured homes affixed to land , unless such. 32.16 (b) However, this section does apply to a person, 32.17 copartnership, or corporation shalldescribed in paragraph (a) 32.18 who is also beengaged in the business of selling other motor 32.19 vehicles or manufactured homes within the provisions of this 32.20 section. 32.21 (b)(c) As used in this subdivision the term "utility32.22 trailer" has the following meaning:, "utility trailer" means a 32.23 motorless vehicle, other than a boat trailer or snowmobile 32.24 trailer, equipped with one or two wheels and, having a carrying32.25 capacity of 2000gross vehicle weight of 4,000 pounds or less, 32.26 and used for carrying property on its own structure while being 32.27 drawn by a motor vehicle. 32.28 Sec. 21. Minnesota Statutes 2000, section 168.33, 32.29 subdivision 7, is amended to read: 32.30 Subd. 7. [FILING FEE.] (a) In addition to all other 32.31 statutory fees and taxes, a filing fee of $3.50 is imposed on32.32 every application: 32.33 (i) $4.50 is imposed on every motor vehicle registration 32.34 renewal, excluding pro rate transactions; and 32.35 (ii) $7 is imposed on every other type of vehicle 32.36 transaction, including pro rate transactions; 33.1 except that a filing fee may not be charged for a document 33.2 returned for a refund or for a correction of an error made by 33.3 the department of public safety, a licensed auto dealer, or a 33.4 deputy registrar. The filing fee shallmust be shown as a 33.5 separate item on all registration renewal notices sent out by 33.6 the department of public safety. No filing fee or other fee may 33.7 be charged for the permanent surrender of a certificate of title 33.8 and license plates for a motor vehicle. 33.9 (b) Filing fees collected under this subdivision by the 33.10 registrardepartment must be paid into the state treasury and 33.11 credited to the highway user tax distribution fund, except fees 33.12 for registrations of motor vehicles. Filing fees collected for 33.13 registrations of motor vehicles in conjunction with a title 33.14 transfer or first application in this state must be paid into 33.15 the state treasury with 50 percent of the money credited to the 33.16 general fund and 50 percent credited to the highway user tax 33.17 distribution fund. 33.18 (c) A motor vehicle dealer shall retain $2.50 of each 33.19 filing fee imposed under this subdivision for a completed 33.20 transaction involving the sale of a motor vehicle to or by a 33.21 licensed dealer, if the dealer electronically transmits the 33.22 transaction to the department or deputy registrar. The 33.23 department shall develop procedures to implement this 33.24 subdivision in consultation with Minnesota Deputy Registrar 33.25 Association and Minnesota Automobile Dealers Association. 33.26 Deputy registrars shall not be prohibited from receiving and 33.27 processing required documents supporting an electronic 33.28 transaction. 33.29 Sec. 22. [168A.101] [CANCELLATION OF MOTOR VEHICLE SALE.] 33.30 Subdivision 1. [REQUIRED DOCUMENTATION.] If the parties 33.31 cancel a purchase of a motor vehicle after the transfer of 33.32 interest, they must submit within 90 days of the original 33.33 purchase date the following items: 33.34 (1) the outstanding certificate of title with proper 33.35 assignment; and 33.36 (2) an affidavit correcting ownership signed by the parties. 34.1 Subd. 2. [REFUNDS.] A party may be eligible for a refund 34.2 of taxes and fees only if the items indicated in subdivision 1 34.3 are submitted within the 90-day time frame unless otherwise 34.4 provided by law. 34.5 Sec. 23. Minnesota Statutes 2000, section 169.09, 34.6 subdivision 8, is amended to read: 34.7 Subd. 8. [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 34.8 EveryA law enforcement officer who, in the regular course of 34.9 duty, investigates a motor vehicle accident of which report must34.10 be made as required inthat must be reported under this section ,34.11 either at the time of and at the scene of the accident or34.12 thereafter by interviewing participants or witnesses,shall, 34.13 within ten days after the date of suchthe accident, forward a34.14 an electronic or written report of suchthe accident to the 34.15 commissioner of public safety. 34.16 Sec. 24. Minnesota Statutes 2000, section 169.09, 34.17 subdivision 9, is amended to read: 34.18 Subd. 9. [ACCIDENT REPORT FORMS.] The department of public 34.19 safety shall prepare , andelectronic or written forms for 34.20 accident reports required under this section. Upon request the 34.21 department shall supply the forms to police departments, 34.22 coroners, sheriffs, garages, and other suitable agencies or 34.23 individuals , forms for accident reports required hereunder,. 34.24 The forms must be appropriate with respect to the persons 34.25 required to make suchthe reports and the purposes to be 34.26 served. The electronic or written reportsreport forms to be 34.27 madecompleted by persons involved in accidents and by 34.28 investigating officers shallmust call for sufficiently detailed 34.29 information to disclose with reference to a traffic accident the 34.30 causes, conditions then existing, and the persons and vehicles 34.31 involved. 34.32 Sec. 25. Minnesota Statutes 2000, section 169.67, 34.33 subdivision 3, is amended to read: 34.34 Subd. 3. [TRAILER, SEMITRAILER.] (a) No trailer or 34.35 semitrailer with a gross weight of 3,000 or more pounds, or a 34.36 gross weight that exceeds the empty weight of the towing 35.1 vehicle, may be drawn on a highway unless it is equipped with 35.2 brakes that are adequate to control the movement of and to stop 35.3 and hold the trailer or semitrailer. A surge brake on a trailer 35.4 or semitrailer meets the requirement of this paragraph for 35.5 brakes adequate to stop and hold the trailer or semitrailer. 35.6 (b) No trailer or semitrailer that is required to have 35.7 brakes and that has a gross weight of more than 6,000 pounds may 35.8 be drawn on a highway unless it is equipped with brakes that are 35.9 so constructed that they are adequate to stop and hold the 35.10 trailer or semitrailer whenever it becomes detached from the 35.11 towing vehicle. 35.12 (c) Except as provided in paragraph (d), paragraph (a) does 35.13 not apply to: 35.14 (1) a trailer used by a farmer while transporting farm 35.15 products produced on the user's farm, or supplies back to the 35.16 farm of the trailer's user; 35.17 (2) a towed custom service vehicle drawn by a motor vehicle 35.18 that is equipped with brakes that meet the standards of 35.19 subdivision 5, provided that such a towed custom service vehicle 35.20 that exceeds 30,000 pounds gross weight may not be drawn at a 35.21 speed of more than 45 miles per hour; 35.22 (3) a trailer or semitrailer operated or used by retail 35.23 dealers of implements of husbandry while engaged exclusively in 35.24 the delivery of implements of husbandry; 35.25 (4) a motor vehicle drawn by another motor vehicle that is 35.26 equipped with brakes that meet the standards of subdivision 5; 35.27 (5) a tank trailer of not more than 12,000 pounds gross 35.28 weight owned by a distributor of liquid fertilizer while engaged 35.29 exclusively in transporting liquid fertilizer, or gaseous 35.30 fertilizer under pressure; 35.31 (6) a trailer of not more than 12,000 pounds gross weight 35.32 owned by a distributor of dry fertilizer while engaged 35.33 exclusively in the transportation of dry fertilizer; and 35.34 (7) a disabled vehicle while being towed to a place of 35.35 repair. 35.36 (d) Vehicles described in paragraph (c), clauses (1), (3), 36.1 and (4), may be operated without complying with paragraph (a) 36.2 only if the trailer or semitrailer does not exceed the following 36.3 gross weights: 36.4 (1) 3,000 pounds while being drawn by a vehicle registered 36.5 as a passenger automobile, other than a pickup truck as defined 36.6 in section 168.011, subdivision 29; 36.7 (2) 12,000 pounds while being drawn by any other motor 36.8 vehicle except a self-propelled implement of husbandry. 36.9 Sec. 26. Minnesota Statutes 2000, section 169.79, is 36.10 amended to read: 36.11 169.79 [VEHICLE REGISTRATION.] 36.12 (a) No person shall operate, drive, or park a motor vehicle 36.13 on any highway unless the vehicle is registered in accordance 36.14 with the laws of this state and has the number plates for the36.15 current year onlyor permit confirming that valid registration 36.16 or operating authority has been obtained, except as provided in 36.17 sections 168.10 and 168.12, subdivision 2f, as assigned to it by 36.18 the commissioner of public safety, conspicuously displayed 36.19 thereon in a manner that the view of any plate or permit is not 36.20 obstructed. A plate issued under section 168.27 or a permit 36.21 issued under chapter 168 may be displayed on a vehicle in 36.22 conjunction with expired registration whether or not it displays 36.23 the license plate to which the last registration was issued. 36.24 (b) If the vehicle is a semitrailer, the number plate 36.25 displayed must be assigned to the registered owner and correlate 36.26 to the certificate of title documentation on file with the 36.27 department and shall not display a year indicator. 36.28 (c) If the vehicle is a motorcycle, motor scooter, 36.29 motorized bicycle, motorcycle sidecar, trailer, semitrailer, or 36.30 vehicle displaying a dealer plate, one plate shallmust be 36.31 displayed on the rear thereofof the vehicle. 36.32 (d) If the vehicle is (1) a collector's vehicle with a 36.33 pioneer, classic car, collector, or street rod license; (2) a 36.34 vehicle that meets the requirements of a pioneer, classic, or 36.35 street rod vehicle except that the vehicle is used for general 36.36 transportation purposes; or (3) a vehicle that is of model year 37.1 1972 or earlier, not registered under section 168.10, 37.2 subdivision 1c, and is used for general transportation purposes, 37.3 one plate shallmust be displayed on the rear of the vehicle, or 37.4 one plate on the front and one on the rear, at the discretion of 37.5 the owner. 37.6 (e) If the vehicle is a truck-tractor, road-tractor or farm 37.7 truck, as defined in section 168.011, subdivision 17, but 37.8 excluding from that definition semitrailers and trailers, one 37.9 plate shallmust be displayed on the front thereofof the 37.10 vehicle. 37.11 (f) If the motor vehicle is any kind of motor vehicle other 37.12 than those provided for in paragraphs (b) to (d), one plate 37.13 shallmust be displayed on the front and one on the rear thereof37.14 of the vehicle. 37.15 (g) All plates shallmust be securely fastened so as to 37.16 prevent them from swinging. The person driving the motor 37.17 vehicle shall keep the plate legible and unobstructed and free 37.18 from grease, dust, or other blurring material so that the 37.19 lettering shall beis plainly visible at all times. It is 37.20 unlawful to cover any assigned letters and numbers or the name 37.21 of the state of origin of a license plate with any material 37.22 whatever, including any clear or colorless material that affects 37.23 the plate's visibility or reflectivity. 37.24 (h) License plates issued to vehicles registered under 37.25 section 168.017 must display the month of expiration in the 37.26 lower left corner as viewed facing the plate and the year of 37.27 expiration in the lower right corner as viewed facing the plate. 37.28 License plates issued to vehicles registered under section 37.29 168.127 must display either fleet registration validation 37.30 stickers in the lower right corner as viewed facing the plates 37.31 or distinctive license plates, issued by the registrar, with 37.32 "FLEET REG" embossed on the bottom center portion of the plate. 37.33 Sec. 27. Minnesota Statutes 2000, section 171.07, 37.34 subdivision 1, is amended to read: 37.35 Subdivision 1. [LICENSE; CONTENTS.] The department shall,37.36 Upon the payment of the required fee, the department shall issue 38.1 to every qualifying applicant qualifying therefora license 38.2 designating the type or class of vehicles the applicant is 38.3 authorized to drive as applied for , which. This license shall38.4 must bear thereona distinguishing number assigned to the 38.5 licensee, the full name, date of birth, residence address and 38.6 permanent mailing address if different, a description of the 38.7 licensee in such manner as the commissioner deems necessary, and 38.8 a space upon which the licensee shall write the usual signature 38.9 and the date of birth of the licensee with pen and ink. No 38.10 license shall beis valid until it has been sosigned by the 38.11 licensee. Except in the case of an instruction permit, every 38.12 license shallmust bear thereona colored photograph or an 38.13 electronically produced image of the licensee. Every license 38.14 issued to an applicant under the age of 21 shallmust be of a 38.15 distinguishing color and plainly marked "Under-21." The 38.16 department shall use such process or processes in the issuance 38.17 of licenses that prohibits, as near as possible, the ability to 38.18 alter or reproduce the licenses, or prohibit the ability to 38.19 superimpose a photograph or electronically produced image on 38.20 suchthe licenses, without ready detection. A license issued to 38.21 an applicant ofage 65 or over shallmust be plainly marked 38.22 "senior" if requested by the applicant. 38.23 Sec. 28. Minnesota Statutes 2000, section 171.183, 38.24 subdivision 1, is amended to read: 38.25 Subdivision 1. [REQUIREMENTS.] For the purposes of 38.26 sections 171.182 to 171.184, a judgment is satisfied if: 38.27 (1) $25,000$30,000 has been credited upon any judgment or 38.28 judgments rendered in excess of that amount because of bodily 38.29 injury to or death of one person as the result of any one 38.30 accident; 38.31 (2) subject to the limit of $25,000$30,000 because of 38.32 bodily injury to or death of one person, the sum 38.33 of $50,000$60,000 has been credited upon any judgment or 38.34 judgments rendered in excess of that amount because of bodily 38.35 injury to or death of two or more persons as the result of any 38.36 one accident; or 39.1 (3) $10,000 has been credited upon any judgment or 39.2 judgments rendered in excess of that amount because of damage to 39.3 or destruction of property of others as a result of any one 39.4 accident. 39.5 Sec. 29. Minnesota Statutes 2000, section 171.39, is 39.6 amended to read: 39.7 171.39 [EXEMPTIONS.] 39.8 (a) The provisions of sections 171.33 to 171.41 shalldo 39.9 not apply :to any person giving driver training lessons without 39.10 charge; to employers maintaining driver training schools without 39.11 charge for their employees only; to a home-school within the 39.12 meaning of sections 120A.22 and 120A.24; or to schools or 39.13 classes conducted by colleges, universities, and high schools as 39.14 a part of the normal program for suchthose institutions ; nor to39.15 those schools or persons described in section 171.05,39.16 subdivision 2. 39.17 (b) Any person who is a certificated driver training 39.18 instructor in a high school driver training program may give 39.19 driver training instruction to persons over the age of 18 39.20 without acquiring a driver training school license or 39.21 instructor's license, and suchthose instructors may make a 39.22 charge for that instruction, if there is no private commercial 39.23 driver training school licensed under this statutesections 39.24 171.33 to 171.41 within ten miles of the municipality where such39.25 driver training instruction is given and there is no adult 39.26 drivers training program in effect in the schools of the school 39.27 district in which the trainee resides. 39.28 Sec. 30. [174.026] [PAVEMENT STRIPING.] 39.29 The commissioner of transportation may bill highway 39.30 maintenance operating units of the department and local road 39.31 authorities for the costs of a centrally managed, pavement 39.32 marking program. These costs may include equipment acquisition 39.33 and rental, labor, materials, and other costs as determined by 39.34 the commissioner. Receipts must be credited to a special 39.35 account, which is established in the trunk highway fund, and are 39.36 appropriated to the commissioner to pay the costs for which the 40.1 billings are made. Amounts credited to the account are exempt 40.2 from statewide and agency indirect costs payments. 40.3 Sec. 31. Minnesota Statutes 2000, section 174.24, 40.4 subdivision 3b, is amended to read: 40.5 Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner 40.6 shall determine the total operating cost of any public transit 40.7 system receiving or applying for assistance in accordance with 40.8 generally accepted accounting principles. To be eligible for 40.9 financial assistance, an applicant or recipient shall provide to 40.10 the commissioner all financial records and other information and 40.11 shall permit any inspection reasonably necessary to determine 40.12 total operating cost and correspondingly the amount of 40.13 assistance which may be paid to the applicant or recipient. 40.14 Where more than one county or municipality contributes 40.15 assistance to the operation of a public transit system, the 40.16 commissioner shall identify one as lead agency for the purpose 40.17 of receiving moneysmoney under this section. 40.18 (b) Prior to distributing operating assistance to eligible 40.19 recipients for any contract period, the commissioner shall place 40.20 all recipients into one of the following classifications: large40.21 urbanized area service,urbanized area service, small urban area 40.22 service, rural area service, and elderly and handicapped 40.23 service. The commissioner shall distribute funds under this 40.24 section so that the percentage of total operating cost paid by 40.25 any recipient from local sources will not exceed the percentage 40.26 for that recipient's classification, except as provided in an 40.27 undue hardship case. The percentages shallmust be: for large40.28 urbanized area service, 50 percent;for urbanized area service 40.29 and small urban area service, 40 percent; for rural area 40.30 service, 35 percent; and for elderly and handicapped service, 35 40.31 percent. The remainder of the total operating cost will be paid 40.32 from state funds less any assistance received by the recipient 40.33 from any federal source. For purposes of this subdivision 40.34 "local sources" means all local sources of funds and includes 40.35 all operating revenue, tax levies, and contributions from public 40.36 funds, except that the commissioner may exclude from the total 41.1 assistance contract revenues derived from operations the cost of 41.2 which is excluded from the computation of total operating cost. 41.3 Total operating costs of the Duluth transit authority or a 41.4 successor agency shall not include costs related to the 41.5 Superior, Wisconsin service contract and the independent school 41.6 district No. 709 service contract. 41.7 (c) If a recipient informs the commissioner in writing 41.8 after the establishment of these percentages but prior to the 41.9 distribution of financial assistance for any year that paying 41.10 its designated percentage of total operating cost from local 41.11 sources will cause undue hardship, the commissioner may reduce 41.12 the percentage to be paid from local sources by the recipient 41.13 and increase the percentage to be paid from local sources by one 41.14 or more other recipients inside or outside the classification, 41.15 provided that no recipient shall have its percentage thus 41.16 reduced or increased for more than two years successively. If 41.17 for any year the funds appropriated to the commissioner to carry 41.18 out the purposes of this section are insufficient to allow the 41.19 commissioner to pay the state share of total operating cost as 41.20 provided in this paragraph, the commissioner shall reduce the 41.21 state share in each classification to the extent necessary. 41.22 Sec. 32. Minnesota Statutes 2000, section 174.35, is 41.23 amended to read: 41.24 174.35 [LIGHT RAIL TRANSIT.] 41.25 The commissioner of transportation may exercise the powers 41.26 granted in this chapter and chapter 473, as necessary, to plan, 41.27 design, acquire, construct, and equip light rail transit 41.28 facilities in the metropolitan area as defined in section 41.29 473.121, subdivision 2. The commissioner shall not spend state 41.30 funds to study light rail transit unless the funds are 41.31 appropriated in legislation that identifies the route, including 41.32 the origin and destination. 41.33 Sec. 33. [174.36] [NOTICE OF STUDIES OF HIGH-SPEED RAIL.] 41.34 The commissioner shall notify the chairs of the senate and 41.35 house of representatives committees with jurisdiction over 41.36 transportation finance whenever the commissioner spends state 42.1 funds to study high-speed intercity passenger rail service. 42.2 Sec. 34. Minnesota Statutes 2000, section 174.55, 42.3 subdivision 4, is amended to read: 42.4 Subd. 4. [COMMISSIONER REPORT.] The commissioner of 42.5 transportation shall report to the commission not later than 42.6 July 15 of each year. The report must consist of a listing of 42.7 candidate projects that meet the criteria of major 42.8 transportation projects within the definition in subdivision 5, 42.9 and a listing of proposed projects for study that the 42.10 commissioner believes have the potential of being major 42.11 transportation projects but do not have draft environmental42.12 impact statements. The report must include the commissioner's 42.13 plan for funding and implementation of each project. 42.14 Sec. 35. Minnesota Statutes 2000, section 174.55, 42.15 subdivision 5, is amended to read: 42.16 Subd. 5. [MAJOR TRANSPORTATION PROJECT.] A major 42.17 transportation project is a project that meets each of the 42.18 following criteria: 42.19 (1) involves the department of transportation; 42.20 (2) has a total cost of more than $5,000,000has a 42.21 construction cost, in the year in which construction is expected 42.22 to begin, that exceeds 25 percent of the estimated annual 42.23 construction program of the department division or construction 42.24 district in which the project is located; and 42.25 (3) is a critical element of the transportation system of 42.26 its region and the state ; and42.27 (4) has a completed draft environmental impact statement. 42.28 Sec. 36. Minnesota Statutes 2000, section 174.70, 42.29 subdivision 2, is amended to read: 42.30 Subd. 2. [IMPLEMENTATION.] In order to facilitate 42.31 construction and maintenance of the initial backbone of thethe 42.32 state's communications system described in subdivision 1systems 42.33 and to reduce the proliferation of communications towers, the 42.34 commissioner shallmay, by purchase, lease, gift, exchange, or 42.35 other means, obtain sites for the erection of towers and the 42.36 location of equipment and shallmay construct buildings and 43.1 structures needed for developing the systemstate's 43.2 communications systems. The commissioner may negotiate with 43.3 commercial wireless service providers and other tower owners to 43.4 obtain sites, towers, and equipment. Notwithstanding sections 43.5 161.433, 161.434, 161.45, and 161.46, the commissioner may by 43.6 agreement lease, allow, or permit commercial wireless service 43.7 providers or other tower owners to install privately owned 43.8 equipment on state-owned lands, buildings, and other structures 43.9 under the jurisdiction of the commissioner when it is practical 43.10 and feasible to do so. The commissioner shall annually publish 43.11 a list of state-owned tower sites that are available to 43.12 commercial wireless service providers and other tower owners for 43.13 installation of their equipment on a first-come, first-served 43.14 basis for each tower or site. The commissioner may not make 43.15 agreements that grant the exclusive use of towers. After the 43.16 commissioner has agreed to make space available on a specific 43.17 tower or at a specific site, the commissioner shall charge a 43.18 site use fee for the value of the real property or structure 43.19 made available. In lieu of a site use fee, the commissioner may 43.20 make agreements with commercial wireless service providers or 43.21 other tower owners to place state equipment on privately owned 43.22 towers and may accept (1)improvements such as tower 43.23 reinforcement, reconstruction, site development, or other site 43.24 improvements to state-owned public safetythe state's 43.25 communications system facilities or real or personal property ,43.26 or (2) services provided by a commercial wireless service43.27 provider. This section does not create a right to install 43.28 privately owned towers on the trunk highway right-of-way. 43.29 [EFFECTIVE DATE.] This section is effective the day 43.30 following final enactment. 43.31 Sec. 37. Minnesota Statutes 2000, section 174.70, 43.32 subdivision 3, is amended to read: 43.33 Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 43.34 under subdivision 2 must be deposited in the trunk highway 43.35 fund. The fees socollected are appropriated to the 43.36 commissioner to pay for the commissioner's share and state44.1 patrol's share of the costs of constructingdeveloping and 44.2 maintaining the communication system sitescommunications 44.3 systems that serve state agencies. 44.4 [EFFECTIVE DATE.] This section is effective the day 44.5 following final enactment. 44.6 Sec. 38. Minnesota Statutes 2000, section 174.88, 44.7 subdivision 2, is amended to read: 44.8 Subd. 2. [EXPENDITURE OF STATE FUNDS.] The commissioner 44.9 shall not spend any state funds for construction or equipment of 44.10 commuter rail facilities unless the funds have been appropriated 44.11 by law specifically for those purposes. The commissioner shall 44.12 not spend state funds to study commuter rail unless the funds 44.13 are appropriated in legislation that identifies the route, 44.14 including origin and destination. 44.15 Sec. 39. [219.166] [ESTABLISHMENT OF QUIET ZONES.] 44.16 A county, statutory or home rule charter city, or town may 44.17 by ordinance establish a defined "quiet zone" in which the 44.18 sounding of horns, whistles, or other audible warnings by 44.19 locomotives is regulated or prohibited. A quiet zone 44.20 established under this section must consist of at least one-half 44.21 mile of railroad right-of-way. All quiet zones, regulations, 44.22 and ordinances adopted under this section must conform to 44.23 federal law and the regulations of the Federal Railroad 44.24 Administration. 44.25 Sec. 40. Minnesota Statutes 2000, section 222.63, 44.26 subdivision 4, is amended to read: 44.27 Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may 44.28 lease any rail line or right-of-way held in the state rail bank 44.29 or enter into an agreement with any person for the operation of 44.30 any rail line or right-of-way for any of the purposes set forth 44.31 in subdivision 2 in accordance with a fee schedule to be 44.32 developed by the commissioner. 44.33 (b) The commissioner may convey any rail line or 44.34 right-of-way, for consideration or for no consideration and upon 44.35 other terms as the commissioner may determine to be in the 44.36 public interest, to any other state agency or to a governmental 45.1 subdivision of the state having power by law to utilize it for 45.2 any of the purposes set forth in subdivision 2. 45.3 (c) The commissioner may convey a portion of previously 45.4 acquired rail bank right-of-way to a state agency or 45.5 governmental subdivision when the commissioner determines that: 45.6 (1) the portion to be conveyed is in excess of that needed 45.7 for the purposes stated in subdivision 2; 45.8 (2) the conveyance is upon terms and conditions agreed upon 45.9 by both the commissioner and the state agency or governmental 45.10 subdivision; 45.11 (3) after the sale, the rail bank corridor will continue to 45.12 meet the future public and commercial transportation and 45.13 transmission needs of the state; and 45.14 (4) the conveyance will not reduce the width of the rail 45.15 bank corridor to less than 50 feet. 45.16 (d) The commissioner may lease previously acquired state 45.17 rail bank right-of-way to a state agency or governmental 45.18 subdivision or to a private entity for nontransportation 45.19 purposes when: 45.20 (1) the portion to be leased is in excess of that needed 45.21 for the purposes stated in subdivision 2; 45.22 (2) the lease will not reduce the useable width of the rail 45.23 bank corridor to less than 50 feet; 45.24 (3) the cost of the lease is based on the fair market value 45.25 of the portion to be leased, as determined by appraisal; 45.26 (4) the lease allows the commissioner to terminate the 45.27 lease on 90 days' written notice to the lessee; and 45.28 (5) the lease prohibits the construction or erection of any 45.29 permanent structure within the 50-foot rail bank corridor and 45.30 requires any structure erected on the leased property to be 45.31 removed and the land restored to its original condition on 90 45.32 days' written notice to the lessee. 45.33 (e) Proceeds from a sale shallor lease must be deposited 45.34 in the rail bank maintenance account described in subdivision 8. 45.35 Sec. 41. Minnesota Statutes 2000, section 446A.085, is 45.36 amended to read: 46.1 446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 46.2 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this 46.3 section, the terms defined in this subdivision have the meanings 46.4 given them. 46.5 (a) [ACT.](b) "Act" means the National Highway System 46.6 Designation Act of 1995, Public Law Number 104-59, as amended. 46.7 (b) [BORROWER.](c) "Borrower" means the state, counties, 46.8 cities, and other governmental entities eligible under the act 46.9 and state law to apply for and receive loans from the 46.10 transportation revolving loan fund , the trunk highway revolving46.11 loan account, the county state-aid highway revolving loan46.12 account, and the municipal state-aid street revolving loan46.13 account. 46.14 (c) [DEPARTMENT.] "Department" means the department of46.15 transportation.46.16 (d) [LOAN.]"Loan" means financial assistance provided for 46.17 all or part of the cost of a project including money disbursed 46.18 in anticipation of reimbursement or repayment, loan guarantees, 46.19 lines of credit, credit enhancements, equipment financing 46.20 leases, bond insurance, or other forms of financial assistance. 46.21 (e) [TRANSPORTATION COMMITTEE.]"Transportation committee" 46.22 means a committee of the Minnesota public facilities authority, 46.23 acting on behalf of the Minnesota public facilities authority, 46.24 consisting of the commissioner of the department of trade and 46.25 economic development, the commissioner of finance, and the 46.26 commissioner of transportation. 46.27 Subd. 2. [PURPOSE.] The purpose of the transportation 46.28 revolving loan fund , the trunk highway revolving loan account,46.29 the county state-aid highway revolving loan account, and the46.30 municipal state-aid street revolving loan accountis to provide 46.31 loans and matching moneyfor public transportation projects 46.32 eligible for financing or aid under any federal act or program 46.33 or state law, including, without limitation, the study of the 46.34 feasibility of construction, reconstruction, resurfacing, 46.35 restoring, rehabilitation, or replacement of transportation 46.36 facilities; acquisition of right-of-way; and maintenance, 47.1 repair, improvement, or construction of city, town, county, or 47.2 state highways, roads, streets, rights-of-way, bridges, tunnels, 47.3 railroad-highway crossings, drainage structures, signs, 47.4 maintenance and operation facilities, guardrails, and protective 47.5 structures used in connection with highways or transit projects. 47.6 Enhancement items, including without limitation bicycle paths, 47.7 ornamental lighting, and landscaping, are eligible for financing 47.8 provided they are an integral part of overall project design and 47.9 construction of a federal-aid highway. Money in the fund may 47.10 not be used for any toll facilities project or 47.11 congestion-pricing project. 47.12 Subd. 3. [ESTABLISHMENT OF FUND.] A transportation 47.13 revolving loan fund is established to make loans for the 47.14 purposes described in subdivision 2. A highway account is 47.15 established in the fund for highway projects eligible under 47.16 United States Code, title 23. A transit account is established 47.17 in the fund for transit capital projects eligible under United 47.18 States Code, title 49. A state funds general loan account is 47.19 established in the fund for transportation projects eligible 47.20 under state law. Other accounts may be established in the fund 47.21 as necessary for its management and administration. The 47.22 transportation revolving loan fund shall receivereceives 47.23 federal money under the act and money from any source. Money 47.24 received under this section must be paid to the state treasurer 47.25 and credited to the transportation revolving loan fund. Money 47.26 in the fund is annually appropriated to the commissioner47.27 authority and does not lapse. The fund must be credited with 47.28 investment income, and with repayments of principal and 47.29 interest, except for servicing fees assessed under sections 47.30 446A.04, subdivision 5, and 446A.11, subdivision 8. 47.31 Subd. 4. [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 47.32 shall manage and administer the transportation revolving loan 47.33 fund , the trunk highway revolving loan account, the county47.34 state-aid highway revolving loan account, and the municipal47.35 state-aid street revolving loan accountand individual accounts 47.36 in the fund. For those purposes, the authority may exercise all 48.1 powers provided in this chapter. 48.2 Subd. 5. [TRANSFER OF MONEY.] With the consent of the48.3 transportation committee, the commissioner of transportation may48.4 transfer money from the trunk highway revolving loan account to48.5 the trunk highway fund, from the county state-aid highway48.6 revolving loan account to the county state-aid highway fund, and48.7 from the municipal state-aid street revolving loan account to48.8 the municipal state-aid street fund.48.9 Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation 48.10 committee may authorize the making of loans to borrowers by the 48.11 authority for transportation purposes authorized by the act or 48.12 this section, without further action by the authority. The 48.13 authority may not make loans for transportation purposes without 48.14 the approval of the transportation committee. Each project must 48.15 be certified by the commissioner of transportation before its 48.16 consideration by the transportation committee. 48.17 Subd. 7. [APPLICATIONS.] Applicants for loans must submit 48.18 an application to the transportation committee on forms 48.19 prescribed by the transportation committee. The applicant must 48.20 provide the following information: 48.21 (1) the estimated cost of the project and the amount of the 48.22 loan sought; 48.23 (2) other possible sources of funding in addition to loans 48.24 sought from the transportation revolving loan fund , the trunk48.25 highway revolving loan account, the county state-aid highway48.26 revolving loan account, or the municipal state-aid street48.27 revolving loan account; 48.28 (3) the proposed methods and sources of funds to be used 48.29 for repayment of loans received; and 48.30 (4) information showing the financial status and ability of 48.31 the borrower to repay loans. 48.32 Subd. 8. [CERTIFICATION OF PROJECTS.] The commissioner of 48.33 transportation shall consider the following information when 48.34 evaluating projects to certify for funding to the transportation 48.35 committee: 48.36 (1) a description of the nature and purpose of the proposed 49.1 transportation project including an explanation of the need for 49.2 the project and the reasons why it is in the public interest; 49.3 (2) the relationship of the project to the area 49.4 transportation improvement program, the approved statewide 49.5 transportation improvement program, and to any other49.6 transportation plans required under state or federal law; 49.7 (3) the estimated cost of the project and the amount of 49.8 loans sought; 49.9 (4) proposed sources of funding in addition to loans sought 49.10 from the transportation revolving loan fund , the trunk highway49.11 revolving loan account, the county state-aid highway revolving49.12 loan account, or municipal state-aid street revolving loan49.13 account; 49.14 (5) the need for the project as part of the overall 49.15 transportation system; 49.16 (6) the overall economic impact of the project; and 49.17 (7) the extent to which completion of the project will 49.18 improve the movement of people and freight. 49.19 Subd. 9. [LOAN CONDITIONS.] When making loans from the 49.20 transportation revolving loan fund, the trunk highway revolving49.21 loan account, the county state-aid highway revolving loan49.22 account, or the municipal state-aid street revolving loan49.23 account,the transportation committee shall comply with the 49.24 conditionsapplicable provisions of the act and state law. In 49.25 addition, a loan made under this section must: 49.26 (1) bear interest at or below market rates or as otherwise 49.27 specified in federal law; 49.28 (2) have a repayment term not longer than 30 years; 49.29 (3) be fully amortized no later than 30 years after project 49.30 completion; 49.31 (4) be subject to repayment of principal and interest 49.32 beginning not later than five years after the facility financed 49.33 with a loan has been completed, or in the case of a highway 49.34 project, five years after the facility has opened to traffic; 49.35 and 49.36 (5) be madedisbursed for specific project elements only 50.1 after all federalapplicable environmental requirements 50.2 applicable to the projecthave been complied with and all50.3 federal environmental requirements have beenmet. 50.4 Subd. 10. [LOANS IN ANTICIPATION OF FUTURE 50.5 APPORTIONMENTS.] A loan may be made to a county, or to a 50.6 statutory or home rule charter city having a population of 5,000 50.7 or more, in anticipation of repayment of the loan from sums that 50.8 will be apportioned to a county from the county state-aid 50.9 highway fund under section 162.07 or to a city from the 50.10 municipal state-aid street fund under section 162.14. 50.11 Subd. 11. [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 50.12 allocation provisions of section 162.08 for counties, and the 50.13 apportionment provisions of section 162.14 for cities, sums 50.14 apportioned under section 162.13 to a statutory or home rule 50.15 charter city, or under section 162.07 to a county, that has loan 50.16 repayments due to the transportation revolving loan fund, the50.17 trunk highway revolving loan account, the county state-aid50.18 highway revolving loan account, or the municipal state-aid50.19 street revolving loan accountshall be paid by the commissioner 50.20 of transportation to the appropriate loan fund or accountto 50.21 offset the loan repayments that are due. 50.22 Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND 50.23 AUTHORITY.] The commissioner of the department of trade and 50.24 economic development shall adopt administrative rules specifying 50.25 the procedures that will be used for the administration of the 50.26 duties of the transportation committee and authority. The rules 50.27 must include criteria, standards, and procedures that will be 50.28 used for making loans, determining interest rates to be charged 50.29 on loans, the amount of project financing to be provided, the 50.30 collateral that will be required, the requirements for dedicated 50.31 sources of revenue or income streams to ensure repayment of 50.32 loans, and the length of repayment terms. 50.33 Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The 50.34 commissioner of transportation shall establish, adopt rules for, 50.35 and implement a program to identify, assist with the development 50.36 of, and certify projects eligible for loans under the act to the 51.1 transportation committee. Until rules are adopted by the 51.2 commissioner of transportation, the commissioner of 51.3 transportation may certify to the transportation committee any 51.4 project that has been reviewed through an approved planning 51.5 process that qualifies the project to be included in the 51.6 statewide transportation program or amended into the statewide 51.7 transportation improvement program. 51.8 Subd. 14. [JOINT RULES.] The commissioner of the 51.9 department of trade and economic development and the 51.10 commissioner of transportation may adopt a single set of rules. 51.11 [EFFECTIVE DATE.] This section is effective the day 51.12 following final enactment. 51.13 Sec. 42. Minnesota Statutes 2000, section 473.399, is 51.14 amended by adding a subdivision to read: 51.15 Subd. 4. [EXPENDITURE OF STATE FUNDS.] No state funds may 51.16 be expended by the metropolitan council to study light rail 51.17 transit or commuter rail unless the funds are appropriated in 51.18 legislation that identifies route, including the origin and 51.19 destination. 51.20 Sec. 43. Laws 1997, chapter 159, article 2, section 4, is 51.21 amended to read: 51.22 Sec. 4. [ DEMONSTRATION PROGRAMPERFORMANCE-BASED FUNDING 51.23 PROGRAM FOR CERTAIN PROVIDERS.] 51.24 Notwithstanding Minnesota Statutes, section 473.384, 51.25 subdivision 6, regarding percentages of total operating costs to 51.26 be subsidized by the metropolitan council, until June 30, 2001,51.27 the metropolitan council may establish the appropriate 51.28 percentage operating subsidy to be granted to individual 51.29 recipients under the subdivision. The metropolitan council must 51.30 establish the percentage annually, based on available transit 51.31 funds and the council's determination of a reasonable subsidy 51.32 per passenger trip in comparison to similar transit or 51.33 paratransit service in the metropolitan area. The council may 51.34 provide a subsidy up to 100 percent of a recipient's operating 51.35 costs for all or any portion of the transit or paratransit 51.36 service and may require recipients to pay up to 10041.5 percent 52.1 of their own operating costs for all or any portion of the 52.2 service. 52.3 Sec. 44. [REPEALER.] 52.4 Minnesota Statutes 2000, section 174.22, subdivision 9, is 52.5 repealed. 52.6 ARTICLE 3 52.7 DESIGN-BUILD 52.8 Section 1. [161.3410] [DESIGN-BUILD CONTRACTS; 52.9 DEFINITIONS.] 52.10 Subdivision 1. [SCOPE.] The terms used in sections 52.11 161.3410 to 161.3428 have the meanings given in this section. 52.12 Subd. 2. [COMMISSIONER.] "Commissioner" means the 52.13 commissioner of transportation. 52.14 Subd. 3. [DESIGN-BUILD CONTRACT.] "Design-build contract" 52.15 means a single contract between the department of transportation 52.16 and a design-build company or firm to furnish the architectural 52.17 or engineering and related design services as well as the labor, 52.18 material, supplies, equipment, and construction services for the 52.19 transportation project. 52.20 Subd. 4. [DESIGN-BUILD FIRM.] "Design-build firm" means a 52.21 proprietorship, partnership, limited liability partnership, 52.22 joint venture, corporation, any type of limited liability 52.23 company, professional corporation, or any legal entity. 52.24 Subd. 5. [DESIGN PROFESSIONAL.] "Design professional" 52.25 means a person who holds a license under chapter 326 that is 52.26 required to be registered under Minnesota law. 52.27 Subd. 6. [DESIGN-BUILD TRANSPORTATION 52.28 PROJECT.] "Design-build transportation project" means the 52.29 procurement of both the design and construction of a 52.30 transportation project in a single contract with a company or 52.31 companies capable of providing the necessary engineering 52.32 services and construction. 52.33 Subd. 7. [DESIGN-BUILDER.] "Design-builder" means the 52.34 design-build firm that proposes to design and build a 52.35 transportation project governed by the procedures of this 52.36 section. 53.1 Subd. 8. [REQUEST FOR PROPOSALS OR RFP.] "Request for 53.2 proposals" or "RFP" means the document by which the commissioner 53.3 solicits proposals from prequalified design-build firms to 53.4 design and construct the transportation project. 53.5 Subd. 9. [REQUEST FOR QUALIFICATIONS OR RFQ.] "Request for 53.6 qualifications" or "RFQ" means a document to prequalify and 53.7 short-list potential design-build firms. 53.8 Sec. 2. [161.3412] [DESIGN-BUILD AUTHORITY.] 53.9 Subdivision 1. [BEST VALUE SELECTION.] Notwithstanding 53.10 sections 16C.25, 161.32, and 161.321, or any other law to the 53.11 contrary, the commissioner may solicit and award a design-build 53.12 contract for a project on the basis of a best value selection 53.13 process. Section 16C.08 does not apply to design-build 53.14 contracts to which the commissioner is a party. 53.15 Subd. 2. [COMPETITIVE, OPEN PROCESS.] Sections 161.3410 to 53.16 161.3428 apply only to transportation projects using the 53.17 two-step competitive process utilizing public solicitation for 53.18 design-build services. 53.19 Subd. 3. [RESTRICTION; REPORTS.] (a) The number of 53.20 design-build contracts awarded by the commissioner in any fiscal 53.21 year may not exceed ten percent of the total number of 53.22 transportation construction contracts awarded by the 53.23 commissioner in the previous fiscal year. 53.24 (b) The commissioner shall notify the chairs of the senate 53.25 and house of representatives committees with jurisdiction over 53.26 transportation policy and transportation finance each time the 53.27 commissioner decides to use the design-build method of 53.28 procurement and explain why that method was chosen. 53.29 Subd. 4. [MUNICIPAL CONSENT.] Use of the design-build 53.30 method of state transportation project delivery is subject to 53.31 state law concerning municipal consent to highways in 53.32 municipalities. 53.33 Sec. 3. [161.3414] [DETERMINATION TO USE DESIGN-BUILD 53.34 SELECTION METHOD.] 53.35 Subdivision 1. [GENERAL CRITERIA.] A design-build 53.36 contracting procedure authorized under sections 161.3410 to 54.1 161.3428 may be used for a specific project only after the 54.2 commissioner determines that awarding a design-build contract 54.3 will serve the public interest. 54.4 Subd. 2. [SPECIFIC CRITERIA.] The commissioner shall use 54.5 the following criteria as the minimum basis for determining when 54.6 to use the design-build method of project delivery: 54.7 (1) the extent to which it can adequately define the 54.8 project requirements in a proposed scope of the design and 54.9 construction desired; 54.10 (2) the time constraints for delivery of the project; 54.11 (3) the capability and experience of potential contractors 54.12 with the design-build method of project delivery or similar 54.13 experience; 54.14 (4) the suitability of the project for use of the 54.15 design-build method of project delivery with respect to time, 54.16 schedule, costs, and quality factors; 54.17 (5) the capability of the department of transportation to 54.18 manage the project, including the employment of experienced 54.19 personnel or outside consultants; 54.20 (6) the capability of the department of transportation to 54.21 oversee the project with individuals or design-build firms who 54.22 are familiar and experienced with the design-build method of 54.23 project delivery or similar experience; 54.24 (7) the lack of ability and availability of any current 54.25 state employee to perform the services called for by the 54.26 contract; 54.27 (8) the original character of the product or the services; 54.28 (9) the work to be performed on the project is necessary to 54.29 the agency's achievement of its statutory responsibilities and 54.30 there is statutory authority to enter into the contract; and 54.31 (10) other criteria the commissioner deems relevant and 54.32 states in writing in its determination to utilize the 54.33 design-build method of project delivery. 54.34 Sec. 4. [161.3416] [DESIGN-BUILD NOTICE; REPORT.] 54.35 Subdivision 1. [SUMMARY REPORT OF REASONS FOR 54.36 DETERMINATION.] The commissioner shall summarize in a written 55.1 statement its reasons for using the design-build construction 55.2 contracting procedure. This statement, along with other 55.3 relevant information describing the project, must be made 55.4 available upon request to interested parties. 55.5 Subd. 2. [FINAL DETERMINATION AUTHORITY.] Final 55.6 determination to use a design-build construction contracting 55.7 procedure may be made only by the commissioner. 55.8 Sec. 5. [161.3418] [LICENSING REQUIREMENTS.] 55.9 Subdivision 1. [LICENSED PROFESSIONAL REQUIRED.] Each 55.10 design-builder shall employ, or have as a partner, member, 55.11 officer, coventurer, or subcontractor a person duly licensed and 55.12 registered to provide the design services required to complete 55.13 the project and do business in the state. 55.14 Subd. 2. [CONTRACTING FOR LICENSED PROFESSIONAL.] A 55.15 design-builder may enter into a contract to provide professional 55.16 or construction services for a project that the design-builder 55.17 is not licensed, registered, or qualified to perform, so long as 55.18 the design-builder provides those services through 55.19 subcontractors with duly licensed, registered, or otherwise 55.20 qualified individuals in accordance with sections 161.3410 to 55.21 161.3428. 55.22 Subd. 3. [LIABILITY.] (a) Nothing in this section 55.23 authorizing design-build contracts is intended to limit or 55.24 eliminate the responsibility or liability owed by a professional 55.25 on a design-build project to the state, county, or city, or 55.26 other third parties under existing law. 55.27 (b) The design service portion of a design-build contract 55.28 must be considered a service and not a product. 55.29 Sec. 6. [161.3420] [DESIGN-BUILD RFQ; SELECTION TEAM; 55.30 EVALUATION.] 55.31 Subdivision 1. [TWO-PHASE PROCEDURE.] If the commissioner 55.32 determines that the design-build best value method of project 55.33 delivery is appropriate for a project, the commissioner shall 55.34 establish a two-phase procedure for awarding the design-build 55.35 contract, as described in this subdivision and section 161.3422. 55.36 Subd. 2. [TECHNICAL REVIEW COMMITTEE.] During the 56.1 phase-one request for qualifications (RFQ) and before 56.2 solicitation, the commissioner shall appoint a technical review 56.3 committee of at least five individuals. The technical review 56.4 committee must include an individual whose name and 56.5 qualifications are submitted to the commissioner by the 56.6 Minnesota chapter of the Associated General Contractors, after 56.7 consultation with other commercial contractor associations in 56.8 the state. Members of the technical review committee who are 56.9 not state employees are subject to the Minnesota Government Data 56.10 Practices Act and section 16C.06 to the same extent that state 56.11 agencies are subject to those provisions. A technical review 56.12 committee member may not participate in the review or discussion 56.13 of responses to a request for qualifications or request for 56.14 proposals when the member has a financial interest in any of the 56.15 design-build firms that respond to that request for 56.16 qualifications or request for proposals. "Financial interest" 56.17 includes, but is not limited to, being or serving as an owner, 56.18 employee, partner, limited liability partner, shareholder, joint 56.19 venturer, family member, officer, or director of a design-build 56.20 firm responding to a request for qualifications or request for 56.21 proposals for a specific project, or having any other economic 56.22 interest in that design-build firm. The members of the 56.23 technical review committee must be treated as state employees in 56.24 the event of litigation resulting from any action arising out of 56.25 their service on the committee. 56.26 Subd. 3. [CONTENTS.] The commissioner shall prepare or 56.27 have prepared a request for qualifications. The request for 56.28 qualifications must include the following: 56.29 (1) the minimum qualifications of design-builders necessary 56.30 to meet the requirements for acceptance; 56.31 (2) a scope of work statement and schedule; 56.32 (3) documents defining the project requirements; 56.33 (4) the form of contract to be awarded; 56.34 (5) the weighted selection criteria for compiling a short 56.35 list and the number of firms to be included in the short list, 56.36 which must be at least two but not more than five; 57.1 (6) a description of the RFP requirements; 57.2 (7) the maximum time allowed for design and construction; 57.3 (8) the commissioner's estimated cost of design and 57.4 construction; 57.5 (9) requirements for construction experience, design 57.6 experience, financial, personnel, and equipment resources 57.7 available from potential design-builders for the project and 57.8 experience in other design-build transportation projects or 57.9 similar projects, provided that these requirements may not 57.10 unduly restrict competition; and 57.11 (10) a statement that "past performance" or "experience" 57.12 does not include the exercise or assertion of a person's legal 57.13 rights. 57.14 Subd. 4. [EVALUATION.] The selection team shall evaluate 57.15 the design-build qualifications of responding firms and shall 57.16 compile a short list of no more than five most highly qualified 57.17 firms in accordance with qualifications criteria described in 57.18 the RFQ. If only one design-build firm responds to the RFQ or 57.19 remains on the short list, the commissioner may readvertise or 57.20 cancel the project as the commissioner deems necessary. 57.21 Sec. 7. [161.3422] [RFP FOR DESIGN-BUILD.] 57.22 During phase two, the commissioner shall issue a request 57.23 for proposals (RFP) to the design-builders on the short list. 57.24 The request must include: 57.25 (1) the scope of work, including (i) performance and 57.26 technical requirements, (ii) conceptual design, (iii) 57.27 specifications, and (iv) functional and operational elements for 57.28 the delivery of the completed project, which must be prepared by 57.29 a registered or licensed professional engineer; 57.30 (2) a description of the qualifications required of the 57.31 design-builder and the selection criteria, including the weight 57.32 or relative order, or both, of each criterion; 57.33 (3) copies of the contract documents that the successful 57.34 proposer will be expected to sign; 57.35 (4) the maximum time allowable for design and construction; 57.36 (5) the road authority's estimated cost of design and 58.1 construction; 58.2 (6) the requirement that a submitted proposal be segmented 58.3 into two parts, a technical proposal and a price proposal; 58.4 (7) the requirement that each proposal be in a separately 58.5 sealed, clearly identified package and include the date and time 58.6 of the submittal deadline; 58.7 (8) the requirement that the technical proposal include a 58.8 critical path method; bar schedule of the work to be performed, 58.9 or similar schematic; design plans and specifications; technical 58.10 reports; calculations; permit requirements; applicable 58.11 development fees; and other data requested in the request for 58.12 proposals; 58.13 (9) the requirement that the price proposal contain all 58.14 design, construction, engineering, inspection, and construction 58.15 costs of the proposed project; 58.16 (10) the date, time, and location of the public opening of 58.17 the sealed price proposals; and 58.18 (11) other information relevant to the project. 58.19 Sec. 8. [161.3424] [REPLACING TEAM MEMBERS.] 58.20 An individual or a design-build firm identified in a 58.21 response to a request for qualifications or a request for 58.22 proposals may not be replaced without the written approval of 58.23 the commissioner. The commissioner may revoke an awarded 58.24 contract if an individual or a design-build firm identified in a 58.25 response to an RFQ or RFP is replaced without the commissioner's 58.26 written approval. To qualify for the commissioner's approval, 58.27 the written request must document that the proposed replacement 58.28 individual or design-build firm will be equal to or better than 58.29 that described in the response to the request for qualifications 58.30 or request for proposals. The commissioner shall use the 58.31 criteria specified in the request for qualifications or request 58.32 for proposals to evaluate the request. 58.33 Sec. 9. [161.3426] [DESIGN-BUILD AWARD.] 58.34 Subdivision 1. [AWARD; COMPUTATION; ANNOUNCEMENT.] Except 58.35 as provided in subdivision 2, a design-build contract shall be 58.36 awarded as follows: 59.1 (a) The technical review committee shall score the 59.2 technical proposals using the selection criteria in the request 59.3 for proposals (RFP). The technical review committee shall then 59.4 submit a technical proposal score for each design-builder to the 59.5 commissioner. The technical review committee shall reject any 59.6 proposal it deems nonresponsive. 59.7 (b) The commissioner shall announce the technical proposal 59.8 score for each design-builder and shall publicly open the sealed 59.9 price proposals and shall divide each design-builder's price by 59.10 the technical score that the technical review committee has 59.11 given to it to obtain an adjusted score. The design-builder 59.12 selected must be that responsive and responsible design-builder 59.13 whose adjusted score is the lowest. 59.14 (c) If a time factor is included with the selection 59.15 criteria in the request for proposals package, the commissioner 59.16 may also adjust the bids using a value of the time factor 59.17 established by the commissioner. The value of the time factor 59.18 must be expressed as a value per day. The adjustment must be 59.19 based on the total time value. The total time value is the 59.20 design-builder's total number of days to complete the project 59.21 multiplied by the factor. The time-adjusted price is the total 59.22 time value plus the bid amount. This adjustment must be used 59.23 for selection purposes only, and must not affect the department 59.24 of transportation's liquidated damages schedule or incentive or 59.25 disincentive program. An adjusted score must then be obtained 59.26 by dividing each design-builder's time-adjusted price by the 59.27 score given by the technical review team. The commissioner 59.28 shall select the responsive and responsible design-builder whose 59.29 adjusted score is the lowest. 59.30 (d) Unless all proposals are rejected, the commissioner 59.31 shall award the contract to the responsive and responsible 59.32 design-builder with the lowest adjusted score. The commissioner 59.33 shall reserve the right to reject all proposals. 59.34 Subd. 2. [ALTERNATIVE PROCESS FOR CERTAIN CONTRACTS.] (a) 59.35 The commissioner may elect to use the process in paragraph (b) 59.36 for a design-build contract for a project with an estimated 60.1 project cost of less than $5,000,000. 60.2 (b) The commissioner shall give the lowest cost proposal 60.3 the full number of price points defined in the request for 60.4 proposals. The commissioner shall award each of the other 60.5 proposals a percentage of the price points based on a ratio of 60.6 the lowest price divided by the responder's price. The 60.7 commissioner shall add the technical score and price score and 60.8 award the contract to the responder with the highest total score. 60.9 Subd. 3. [STIPULATED FEE.] The commissioner shall award a 60.10 stipulated fee not less than two-tenths of one percent of the 60.11 department's estimated cost of design and construction to each 60.12 short-listed, responsible proposer who provides a responsive but 60.13 unsuccessful proposal. If the commissioner does not award a 60.14 contract, all short-listed proposers must receive the stipulated 60.15 fee. If the commissioner cancels the contract before reviewing 60.16 the technical proposals, the commissioner shall award each 60.17 design-builder on the short list a stipulated fee of not less 60.18 than two-tenths of one percent of the commissioner's estimated 60.19 cost of design and construction. The commissioner shall pay the 60.20 stipulated fee to each proposer within 90 days after the award 60.21 of the contract or the decision not to award a contract. In 60.22 consideration for paying the stipulated fee, the commissioner 60.23 may use any ideas or information contained in the proposals in 60.24 connection with any contract awarded for the project or in 60.25 connection with a subsequent procurement, without any obligation 60.26 to pay any additional compensation to the unsuccessful proposers. 60.27 Notwithstanding the other provisions of this subdivision, an 60.28 unsuccessful short-list proposer may elect to waive the 60.29 stipulated fee. If an unsuccessful short-list proposer elects 60.30 to waive the stipulated fee, the commissioner may not use ideas 60.31 and information contained in that proposer's proposal. Upon the 60.32 request of the commissioner, a proposer who waived a stipulated 60.33 fee may withdraw the waiver, in which case the commissioner 60.34 shall pay the stipulated fee to the proposer and thereafter may 60.35 use ideas and information in the proposer's proposal. 60.36 Subd. 4. [LOW-BID DESIGN-BUILD PROCESS.] (a) The 61.1 commissioner may also use low-bid, design-build procedures to 61.2 award a design-build contract where the scope of the work can be 61.3 clearly defined. 61.4 (b) Low-bid design-build projects may require an RFQ and 61.5 short-listing, and must require an RFP. 61.6 (c) Submitted proposals under this subdivision must include 61.7 separately a technical proposal and a price proposal. The 61.8 low-bid, design-build procedures must follow a two-step process 61.9 for review of the responses to the RFP as follows: 61.10 (1) The first step is the review of the technical proposal 61.11 by the technical review committee as provided in section 61.12 161.3420, subdivision 2. The technical review committee must 61.13 open the technical proposal first and must determine if it 61.14 complies with the requirements of the RFP and is responsive. 61.15 The technical review committee may not perform any ranking or 61.16 scoring of the technical proposals. 61.17 (2) The second step is the determination of the low bidder 61.18 based on the price proposal. The commissioner may not open the 61.19 price proposal until the review of the technical proposal is 61.20 complete. 61.21 (d) The contract award under low-bid, design-build 61.22 procedures must be made to the proposer whose sealed bid is 61.23 responsive to the technical requirements as determined by the 61.24 technical review committee and that is also the lowest bid. 61.25 (e) A stipulated fee may be paid for unsuccessful bids on 61.26 low-bid, design-build projects only when the commissioner has 61.27 required an RFQ and short-listed the most highly qualified 61.28 responsive bidders. 61.29 Subd. 5. [REJECTION OF BIDS.] The commissioner may reject 61.30 all bids under this section. 61.31 Sec. 10. [161.3428] [LIST OF DESIGN-BUILD CONTRACTS.] 61.32 Beginning September 1, 2002, and every subsequent year on 61.33 September 1, the commissioner shall submit to the governor, to 61.34 the chairs of the house ways and means and senate finance 61.35 committees, to the chairs of the house and senate committees 61.36 having jurisdiction over transportation policy and finance, and 62.1 the legislative reference library, a yearly listing of all 62.2 executed design-build contracts. The report must identify the 62.3 contractor, contract amount, duration, and services to be 62.4 provided. The list and summary must: 62.5 (1) be sorted by contractor; 62.6 (2) show the aggregate value of contracts issued by the 62.7 commissioner of transportation and issued to each contractor; 62.8 and 62.9 (3) state the termination date of each contract. 62.10 Sec. 11. [EFFECTIVE DATE.] 62.11 Sections 1 to 10 are effective the day following final 62.12 enactment. 62.13 ARTICLE 4 62.14 CRIMINAL JUSTICE APPROPRIATIONS 62.15 Section 1. [APPROPRIATIONS.] 62.16 The sums shown in the columns marked "APPROPRIATIONS" are 62.17 appropriated from the general fund, or another named fund, to 62.18 the agencies and for the purposes specified in this article, to 62.19 be available for the fiscal years indicated for each purpose. 62.20 The figures "2001," "2002," and "2003," where used in this 62.21 article, mean that the appropriations listed under them are 62.22 available for the year ending June 30, 2001, June 30, 2002, or 62.23 June 30, 2003, respectively. The term "first year" means the 62.24 year ending June 30, 2002, and the term "second year" means the 62.25 year ending June 30, 2003. Appropriations for the year ending 62.26 June 30, 2001, are in addition to appropriations made in 62.27 previous years. All 2001 appropriations in this article are 62.28 effective immediately on final enactment and do not cancel, but 62.29 are available until expended. 62.30 APPROPRIATIONS 62.31 Available for the Year 62.32 Ending June 30 62.33 2002 2003 62.34 Sec. 2. SUPREME COURT 62.35 Subdivision 1. Total 62.36 Appropriation $ ..,...,... $ ..,...,... 62.37 Subd. 2. Supreme Court Operations 62.38 .,...,... .,...,... 63.1 Subd. 3. Civil Legal Services 63.2 .,...,... .,...,... 63.3 Subd. 4. State Court Administration 63.4 ..,...,... ..,...,... 63.5 Subd. 5. Law Library Operations 63.6 .,...,... .,...,... 63.7 Sec. 3. COURT OF APPEALS .,...,... .,...,... 63.8 Sec. 4. DISTRICT COURTS ...,...,... ...,...,... 63.9 Sec. 5. BOARD ON JUDICIAL 63.10 STANDARDS ...,... ...,... 63.11 Sec. 6. TAX COURT ...,... ...,... 63.12 Sec. 7. HUMAN RIGHTS .,...,... .,...,... 63.13 63.14 Sec. 8. UNIFORM LAWS COMMISSION ..,... ..,... 63.15 Sec. 9. TAX COURT DEFICIENCY .,...,... .,...,... 63.16 Sec. 10. CRIME VICTIM 63.17 OMBUDSMAN ...,... ...,... 63.18 Sec. 11. PUBLIC SAFETY 63.19 Subdivision 1. Total 63.20 Appropriation ..,...,... ..,...,... 63.21 Summary by Fund 63.22 2002 2003 63.23 General ..,...,... ..,...,... 63.24 For 2001 - $16,300,000 63.25 Special Revenue .,...,... ...,... 63.26 State Government 63.27 Special Revenue .,... .,... 63.28 Environmental ..,... ..,... 63.29 Trunk Highway ...,... ...,... 63.30 Subd. 2. Emergency Management 63.31 Summary by Fund 63.32 General .,...,... .,...,... 63.33 Environmental ..,... ..,... 63.34 Subd. 3. Criminal Apprehension 63.35 Summary by Fund 63.36 General ..,...,... ..,...,... 63.37 Special Revenue .,...,... ...,... 63.38 State Government 64.1 Special Revenue .,... .,... 64.2 Trunk Highway ...,... ...,... 64.3 Subd. 4. Fire Marshal 64.4 .,...,... .,...,... 64.5 Subd. 5. Alcohol and Gambling Enforcement 64.6 .,...,... .,...,... 64.7 Subd. 6. Crime Victim Services Center 64.8 ..,...,... ..,...,... 64.9 Subd. 7. Law Enforcement 64.10 and Community Grants 64.11 Summary by Fund 64.12 General .,...,... .,...,... 64.13 Sec. 12. BOARD OF PEACE OFFICER 64.14 STANDARDS AND TRAINING .,...,... .,...,... 64.15 Sec. 13. BOARD OF PRIVATE 64.16 DETECTIVE AND PROTECTIVE AGENT 64.17 SERVICES ...,... ...,... 64.18 Sec. 14. DEFICIENCY APPROPRIATION 64.19 Subdivision 1. Emergency Management Deficiency 64.20 Fiscal Year 2001 64.21 General .,...,... 64.22 Sec. 15. SUNSET OF 64.23 UNCODIFIED LANGUAGE 64.24 ARTICLE 5 64.25 PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS 64.26 Section 1. Minnesota Statutes 2000, section 2.724, 64.27 subdivision 3, is amended to read: 64.28 Subd. 3. [RETIRED JUSTICES AND JUDGES.] (a) The chief 64.29 justice of the supreme court may assign a retired justice of the 64.30 supreme court to act as a justice of the supreme court pursuant 64.31 to subdivision 2 or as a judge of any other court. The chief 64.32 justice may assign a retired judge of any court to act as a 64.33 judge of any court except the supreme court. A judge acting64.34 pursuant to this paragraph shall receive pay and expenses in the64.35 amount and manner provided by law for judges serving on the64.36 court to which the retired judge is assigned, less the amount of64.37 retirement pay which the judge is receivingThe chief justice of 64.38 the supreme court shall determine the pay and expenses to be 65.1 received by a judge acting pursuant to this paragraph. 65.2 (b) A judge who has been elected to office and who has 65.3 retired as a judge in good standing and is not practicing law 65.4 may also be appointed to serve as judge of any court except the 65.5 supreme court. A retired judge acting under this paragraph will 65.6 receive pay and expenses in the amount established by the 65.7 supreme court. 65.8 Sec. 2. Minnesota Statutes 2000, section 13.87, is amended 65.9 by adding a subdivision to read: 65.10 Subd. 3. [INTERNET ACCESS.] (a) Notwithstanding section 65.11 13.03, subdivision 3, paragraph (a), the bureau of criminal 65.12 apprehension may charge a fee for Internet access to public 65.13 criminal history data provided through August 1, 2003. The fee 65.14 may not exceed $5 per inquiry or the amount needed to recoup the 65.15 actual cost of implementing and providing Internet access, 65.16 whichever is less. 65.17 (b) The Web site must include a notice to the subject of 65.18 data of the right to contest the accuracy or completeness of 65.19 data, as provided under section 13.04, subdivision 4, and 65.20 provide a telephone number and address that the subject may 65.21 contact for further information on this process. 65.22 (c) The Web site must include the effective date of data 65.23 that is posted. 65.24 (d) The Web site must include a description of the types of 65.25 criminal history data not available on the site, including 65.26 arrest data, juvenile data, criminal history data from other 65.27 states, federal data, data on convictions where 15 years have 65.28 elapsed since discharge of the sentence, and other data that are 65.29 not accessible to the public. 65.30 (e) A person who intends to access the Web site to obtain 65.31 information regarding an applicant for employment, housing, or 65.32 credit should disclose to the applicant the intention to do so. 65.33 The Web site must include a notice that a person obtaining such 65.34 access should notify the applicant that a background check using 65.35 this Web site may be conducted. This paragraph does not create 65.36 a civil cause of action on behalf of the data subject. 66.1 Sec. 3. Minnesota Statutes 2000, section 299A.64, 66.2 subdivision 1, is amended to read: 66.3 Subdivision 1. [MEMBERSHIP OF COUNCIL.] The criminal gang 66.4 oversight council consists of the following individuals or their 66.5 designees: the commissioner of public safety; the commissioner 66.6 of corrections; the superintendent of the bureau of criminal 66.7 apprehension; the attorney general; the chief law enforcement 66.8 officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a 66.9 chief of police selected by the president of the Minnesota 66.10 chiefs of police association; two sheriffs, one from a county in 66.11 the seven-county metropolitan area other than Hennepin or Ramsey 66.12 county and the other from a county outside the metropolitan 66.13 area, both selected by the president of the Minnesota sheriffs 66.14 association; the executive director of the Minnesota police and66.15 peace officers association;and the Hennepin, Ramsey, St. Louis, 66.16 and Olmsted county sheriffs. The council may select a chair 66.17 from among its members. 66.18 Sec. 4. [299A.68] [FINANCIAL CRIMES INVESTIGATION TASK 66.19 FORCE ESTABLISHED.] 66.20 Subdivision 1. [INVESTIGATION TASK FORCE ESTABLISHED.] A 66.21 group of two or more local governmental units may enter into an 66.22 agreement to establish a major financial crimes investigation 66.23 task force. 66.24 Subd. 2. [INVESTIGATION TASK FORCE'S DUTIES.] The 66.25 investigation task force shall investigate consumer identity 66.26 theft cases and reported financial crimes from individuals and 66.27 businesses who are victims of such crimes. The investigation 66.28 task force shall focus on financial crimes including, but not 66.29 limited to, statewide crimes such as: theft, fraud, and forgery 66.30 crimes, including identity theft, check forgery, fraud in 66.31 obtaining credit, financial transaction card fraud, theft from 66.32 merchants, possession or sale of stolen or counterfeit checks, 66.33 issuance of dishonored checks, creation or use of counterfeit 66.34 state identification, obtaining counterfeit state 66.35 identification, fraudulent Internet transactions, fraudulent 66.36 merchandise returns, and other related financial crimes. In 67.1 particular, the investigation task force shall investigate 67.2 individuals, based on their criminal activity, who: 67.3 (1) commit multiple cross-jurisdictional financial crimes; 67.4 (2) employ computers and other sophisticated technology to 67.5 counterfeit documents or commit fraud; or 67.6 (3) illegally obtain consumer information for identity 67.7 theft. 67.8 Subd. 3. [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 67.9 The local governmental units that agree to form and participate 67.10 in a single centralized financial crimes investigation task 67.11 force shall oversee the investigation task force's operation by 67.12 establishing procedures and guidelines in their agreement. The 67.13 agreement must be addressed in a memorandum of understanding and 67.14 signed by the person in charge of each participating local unit 67.15 of government which shall address the following: 67.16 (1) the command structure of the investigation task force; 67.17 (2) acquisition and liquidation of equipment, office space, 67.18 and transportation; 67.19 (3) procedures for contracting for necessary administrative 67.20 support; 67.21 (4) selection and assignment of members; 67.22 (5) transfer of investigation task force members; 67.23 (6) resolution of disputes between participating local 67.24 governmental units; 67.25 (7) requirements and procedures for all workers' 67.26 compensation and other liability to remain the responsibility of 67.27 each member's employing agency; and 67.28 (8) all other issues deemed pertinent by the participating 67.29 local governmental units. 67.30 Subd. 4. [COMMANDER.] The participating local governmental 67.31 units shall select a commander to direct the investigation task 67.32 force. The commander shall make tactical decisions regarding 67.33 the commencement, continuation, and conclusion of investigations 67.34 of crimes within the investigation task force's jurisdiction. 67.35 The commander shall also report annually to the bureau of 67.36 criminal apprehension as required in subdivision 10. 68.1 Subd. 5. [MEMBERS.] The investigation task force may 68.2 include law enforcement officers, prosecutors, federal law 68.3 enforcement officers, and investigators from local governmental 68.4 units who are selected by their supervisors to participate in 68.5 the investigation task force. All law enforcement officers 68.6 selected to join the investigation task force must be licensed 68.7 peace officers under section 626.84, subdivision 1, or qualified 68.8 federal law enforcement officers as defined in section 68.9 626.8453. Members shall remain employees of the same entity 68.10 that employed them before joining the investigation task force. 68.11 Compensation, personnel evaluations, grievances, merit 68.12 increases, and liability insurance coverage, such as general, 68.13 personal, vehicle, and professional liability insurance, shall 68.14 be covered by each member's employing agency. Members of the 68.15 financial crimes task force are not employees of the state. 68.16 Subd. 6. [JURISDICTION.] Law enforcement officers who are 68.17 members of the investigation task force shall have statewide 68.18 jurisdiction to conduct criminal investigations into financial 68.19 crimes as described in subdivision 2 and possess the same powers 68.20 of arrest as those possessed by a sheriff. 68.21 Officers assigned to the financial crimes task force shall 68.22 follow their county arrest procedures, booking processes, 68.23 reporting processes, county attorney charging requirements, and 68.24 appropriate notification protocols to local and county sheriff 68.25 agencies where arrests are made and search warrants executed. 68.26 The commander of the task force is responsible for ensuring 68.27 compliance with applicable local practices and procedures. 68.28 Subd. 7. [COLLABORATION WITH OTHER PROSECUTORS AND LAW 68.29 ENFORCEMENT OFFICERS.] To the greatest degree possible, the 68.30 investigation task force shall cooperate and collaborate with 68.31 existing prosecutorial offices and law enforcement agencies. 68.32 Subd. 8. [PROSECUTOR.] A participating local governmental 68.33 unit may seek a grant for reimbursement for the time and 68.34 resources that a prosecutor and the prosecutor's staff dedicate 68.35 to the investigation task force. In order to receive a grant 68.36 under this subdivision, a participating local governmental unit 69.1 must provide a 25 percent match in nonstate funds or in-kind 69.2 contributions either directly from its budget or from businesses 69.3 directly donating support. A participating prosecutor shall 69.4 remain an employee of the contributing county. 69.5 Subd. 9. [FORFEITURE.] Property seized by the 69.6 investigation task force is subject to forfeiture pursuant to 69.7 sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 69.8 cannot be established. The investigation task force shall 69.9 receive the proceeds from the sale of all property that it 69.10 properly seizes and that is forfeited. 69.11 Subd. 10. [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 69.12 the commander of the investigation task force shall report 69.13 annually to the commissioner on the activities of the 69.14 investigation task force and the use of grants awarded under 69.15 article 1, section 13, subdivision 7. 69.16 (b) By March 1, 2003, the commissioner of public safety 69.17 shall report to the chairs and ranking minority members of the 69.18 house of representatives and senate committees and divisions 69.19 having jurisdiction over criminal justice policy and funding on 69.20 the activities of the investigation task force and the use of 69.21 grants awarded under article 1, section 13, subdivision 7. 69.22 Subd. 11. [EXPIRATION.] This section expires on June 30, 69.23 2003. 69.24 Sec. 5. Minnesota Statutes 2000, section 299C.10, 69.25 subdivision 1, is amended to read: 69.26 Subdivision 1. [ LAW ENFORCEMENT DUTYREQUIRED 69.27 FINGERPRINTING.] (a) It is hereby made the duty of theSheriffs 69.28 of the respective counties, of the police, peace officers in69.29 cities of the first, second, and third classes, under the69.30 direction of the chiefs of police in such cities, and of69.31 community corrections agencies operating secure juvenile 69.32 detention facilities toshall take or cause to be taken 69.33 immediately finger and thumb prints, photographs, distinctive 69.34 physical mark identification data, information on any known 69.35 aliases or street names, and other identification data requested 69.36 or required by the superintendent of the bureau, of the 70.1 following: 70.2 (1) persons arrested for, appearing in court on a charge 70.3 of, or convicted of a felony or, gross misdemeanor, or targeted 70.4 misdemeanor; 70.5 (2) juveniles arrested for, appearing in court on a charge 70.6 of, adjudicated delinquent for, or alleged to have committed 70.7 felonies or gross misdemeanors as distinguished from those 70.8 committed by adult offenders; 70.9 (3) persons reasonably believed by the arresting officer to 70.10 be fugitives from justice; 70.11 (4) persons in whose possession, when arrested, are found 70.12 concealed firearms or other dangerous weapons, burglar tools or 70.13 outfits, high-power explosives, or articles, machines, or 70.14 appliances usable for an unlawful purpose and reasonably 70.15 believed by the arresting officer to be intended for such 70.16 purposes; and 70.17 (5) juveniles referred by a law enforcement agency to a 70.18 diversion program for a felony or gross misdemeanor offense. 70.19 Unless the superintendent of the bureau requires a shorter 70.20 period, within 24 hours the fingerprint records and other 70.21 identification data specified under this paragraph must be 70.22 forwarded to the bureau of criminal apprehensionon such forms 70.23 and in such manner as may be prescribed by the superintendent of70.24 the bureau of criminal apprehension. 70.25 (b) Effective August 1, 1997, the identification reporting70.26 requirements shall also apply to persons arrested for or alleged70.27 to have committed targeted misdemeanor offenses and juveniles70.28 arrested for or alleged to have committed gross misdemeanors.70.29 In addition, the reporting requirements shall include any known70.30 aliases or street names of the offendersProsecutors, courts, 70.31 and probation officers shall attempt to ensure that the required 70.32 identification data is taken on a person described in paragraph 70.33 (a). 70.34 (c) For purposes of this section, a targeted misdemeanor is 70.35 a misdemeanor violation of section 169A.20 (driving while 70.36 impaired), 518B.01 (order for protection violation), 609.224 71.1 (fifth degree assault), 609.2242 (domestic assault), 609.746 71.2 (interference with privacy), 609.748 (harassment or restraining 71.3 order violation), or 617.23 (indecent exposure). 71.4 Sec. 6. Minnesota Statutes 2000, section 299C.11, is 71.5 amended to read: 71.6 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 71.7 (a) TheEach sheriff of each countyand thechief of police 71.8 of each city of the first, second, and third classesshall 71.9 furnish the bureau, upon such form as the superintendent shall 71.10 prescribe, with such finger and thumb prints, photographs, 71.11 distinctive physical mark identification data, information on 71.12 known aliases and street names, and other identification data as 71.13 may be requested or required by the superintendent of the 71.14 bureau, which maymust be taken under the provisions of section 71.15 299C.10 , of persons who shall be convicted of a felony, gross71.16 misdemeanor, or who shall be. In addition, sheriffs and chiefs 71.17 of police shall furnish this identification data to the bureau 71.18 for individuals found to have been convicted of a felony or, 71.19 gross misdemeanor, or targeted misdemeanor, within the ten years 71.20 nextimmediately preceding their arrest. 71.21 (b) No petition under chapter 609A is required if the 71.22 person has not been convicted of any felony or gross 71.23 misdemeanor, either within or without the state, within the 71.24 period of ten years immediately preceding the determination of 71.25 all pending criminal actions or proceedings in favor of the 71.26 arrested person, and either of the following occurred: 71.27 (1) all charges were dismissed prior to a determination of 71.28 probable cause; or 71.29 (2) the prosecuting authority declined to file any charges 71.30 and a grand jury did not return an indictment. 71.31 Where these conditions are met, the bureau or agency shall, upon 71.32 demand, return to the arrested person finger and thumb prints, 71.33 photographs, distinctive physical mark identification data, 71.34 information on known aliases and street names, and other 71.35 identification data, and all copies and duplicates of them. 71.36 (c) Except as otherwise provided in paragraph (b), upon the 72.1 determination of all pending criminal actions or proceedings in 72.2 favor of the arrested person, and the granting of the petition 72.3 of the arrested person under chapter 609A, the bureau shall seal 72.4 finger and thumb prints, photographs, distinctive physical mark 72.5 identification data, information on known aliases and street 72.6 names, and other identification data, and all copies and 72.7 duplicates of them if the arrested person has not been convicted 72.8 of any felony or gross misdemeanor, either within or without the 72.9 state, within the period of ten years immediately preceding such 72.10 determination. 72.11 (d) DNA samples and DNA records of the arrested person 72.12 shall not be returned, sealed, or destroyed as to a charge 72.13 supported by probable cause. 72.14 (e) For purposes of this section ,: 72.15 (1) "determination of all pending criminal actions or 72.16 proceedings in favor of the arrested person" does not include: 72.17 (1)(i) the sealing of a criminal record pursuant to 72.18 section 152.18, subdivision 1, 242.31, or chapter 609A; 72.19 (2)(ii) the arrested person's successful completion of a 72.20 diversion program; 72.21 (3)(iii) an order of discharge under section 609.165; or 72.22 (4)(iv) a pardon granted under section 638.02; and 72.23 (2) "targeted misdemeanor" has the meaning given in section 72.24 299C.10, subdivision 1. 72.25 Sec. 7. [299C.111] [SUSPENSE FILE REPORTING.] 72.26 (a) By June 1 and December 1 of each year, the 72.27 superintendent shall: 72.28 (1) provide an entity or individual having responsibility 72.29 regarding identification data under section 299C.10 and the 72.30 criminal and juvenile justice information policy group with 72.31 summary data on the number of disposition records pertaining to 72.32 the entity or individual that have not been linked to an arrest 72.33 record; and 72.34 (2) provide the criminal and juvenile justice information 72.35 policy group with the number of identification records not 72.36 entered on the automated fingerprint identification system and 73.1 the criminal history files. 73.2 (b) The superintendent shall immediately notify the 73.3 appropriate entity or individual when a disposition record is 73.4 received that cannot be linked to an arrest record. 73.5 Sec. 8. Minnesota Statutes 2000, section 299C.65, 73.6 subdivision 1, is amended to read: 73.7 Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The criminal and 73.8 juvenile justice information policy group consists of the 73.9 commissioner of corrections, the commissioner of public safety, 73.10 the commissioner of administration, the commissioner of finance, 73.11 and four members of the judicial branch appointed by the chief 73.12 justice of the supreme court. The policy group may appoint 73.13 additional, nonvoting members as necessary from time to time. 73.14 (b) The commissioner of public safety is designated as the 73.15 chair of the policy group. The commissioner and the policy 73.16 group have overall responsibility for the successful completion 73.17 of statewide criminal justice information system integration 73.18 (CriMNet). The policy group may hire a program manager to 73.19 manage the CriMNet projects and to be responsible for the 73.20 day-to-day operations of CriMNet. The policy group must ensure 73.21 that generally accepted project management techniques are 73.22 utilized for each CriMNet project, including: 73.23 (1) clear sponsorship; 73.24 (2) scope management; 73.25 (3) project planning, control, and execution; 73.26 (4) continuous risk assessment and mitigation; 73.27 (5) cost management; 73.28 (6) quality management reviews; 73.29 (7) communications management; and 73.30 (8) proven methodology. 73.31 (c) Products and services for CriMNet project management, 73.32 system design, implementation, and for application hosting must 73.33 be acquired using an appropriate procurement process, which 73.34 includes: 73.35 (1) a determination of required products and services; 73.36 (2) a request for proposal development and identification 74.1 of potential sources; 74.2 (3) competitive bid solicitation, evaluation, and 74.3 selection; and 74.4 (4) contract administration and close-out. 74.5 (d) The policy group shall study and make recommendations 74.6 to the governor, the supreme court, and the legislature on: 74.7 (1) a framework for integrated criminal justice information 74.8 systems, including the development and maintenance of a 74.9 community data model for state, county, and local criminal 74.10 justice information; 74.11 (2) the responsibilities of each entity within the criminal 74.12 and juvenile justice systems concerning the collection, 74.13 maintenance, dissemination, and sharing of criminal justice 74.14 information with one another; 74.15 (3) actions necessary to ensure that information maintained 74.16 in the criminal justice information systems is accurate and 74.17 up-to-date; 74.18 (4) the development of an information system containing 74.19 criminal justice information on gross misdemeanor-level and 74.20 felony-level juvenile offenders that is part of the integrated 74.21 criminal justice information system framework; 74.22 (5) the development of an information system containing 74.23 criminal justice information on misdemeanor arrests, 74.24 prosecutions, and convictions that is part of the integrated 74.25 criminal justice information system framework; 74.26 (6) comprehensive training programs and requirements for 74.27 all individuals in criminal justice agencies to ensure the 74.28 quality and accuracy of information in those systems; 74.29 (7) continuing education requirements for individuals in 74.30 criminal justice agencies who are responsible for the 74.31 collection, maintenance, dissemination, and sharing of criminal 74.32 justice data; 74.33 (8) a periodic audit process to ensure the quality and 74.34 accuracy of information contained in the criminal justice 74.35 information systems; 74.36 (9) the equipment, training, and funding needs of the state 75.1 and local agencies that participate in the criminal justice 75.2 information systems; 75.3 (10) the impact of integrated criminal justice information 75.4 systems on individual privacy rights; 75.5 (11) the impact of proposed legislation on the criminal 75.6 justice system, including any fiscal impact, need for training, 75.7 changes in information systems, and changes in processes; 75.8 (12) the collection of data on race and ethnicity in 75.9 criminal justice information systems; 75.10 (13) the development of a tracking system for domestic 75.11 abuse orders for protection; 75.12 (14) processes for expungement, correction of inaccurate 75.13 records, destruction of records, and other matters relating to 75.14 the privacy interests of individuals; and 75.15 (15) the development of a database for extended 75.16 jurisdiction juvenile records and whether the records should be 75.17 public or private and how long they should be retained. 75.18 Sec. 9. Minnesota Statutes 2000, section 299C.65, 75.19 subdivision 2, is amended to read: 75.20 Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall 75.21 file an annual report with the governor, supreme court, and 75.22 chairs and ranking minority members of the senate and house 75.23 committees and divisions with jurisdiction over criminal justice 75.24 funding and policy by December 1 of each year. 75.25 (b) The report must make recommendations concerning any 75.26 legislative changes or appropriations that are needed to ensure 75.27 that the criminal justice information systems operate accurately 75.28 and efficiently. To assist them in developing their 75.29 recommendations, the policy group shall appoint a task force 75.30 consisting of its members or their designees and the following 75.31 additional members: 75.32 (1) the director of the office of strategic and long-range 75.33 planning; 75.34 (2) two sheriffs recommended by the Minnesota sheriffs 75.35 association; 75.36 (3) two police chiefs recommended by the Minnesota chiefs 76.1 of police association; 76.2 (4) two county attorneys recommended by the Minnesota 76.3 county attorneys association; 76.4 (5) two city attorneys recommended by the Minnesota league 76.5 of cities; 76.6 (6) two public defenders appointed by the board of public 76.7 defense; 76.8 (7) two district judges appointed by the conference of 76.9 chief judges, one of whom is currently assigned to the juvenile 76.10 court; 76.11 (8) two community corrections administrators recommended by 76.12 the Minnesota association of counties, one of whom represents a 76.13 community corrections act county; 76.14 (9) two probation officers; 76.15 (10) four public members, one of whom has been a victim of 76.16 crime, and two who are representatives of the private business 76.17 community who have expertise in integrated information systems; 76.18 (11) two court administrators; 76.19 (12) one member of the house of representatives appointed 76.20 by the speaker of the house; 76.21 (13) one member of the senate appointed by the majority 76.22 leader; 76.23 (14) the attorney general or a designee; 76.24 (15) the commissioner of administration or a designee; 76.25 (16) an individual recommended by the Minnesota league of 76.26 cities; and 76.27 (17) an individual recommended by the Minnesota association 76.28 of counties. 76.29 In making these appointments, the appointing authority shall 76.30 select members with expertise in integrated data systems or best 76.31 practices. 76.32 (c) The commissioner of public safety may appoint 76.33 additional, nonvoting members to the task force as necessary 76.34 from time to time. 76.35 Sec. 10. Minnesota Statutes 2000, section 357.021, 76.36 subdivision 6, is amended to read: 77.1 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 77.2 (a) The court shall impose and the court administrator shall 77.3 collect a $25$28 surcharge on every person convicted of any 77.4 felony, gross misdemeanor, misdemeanor, or petty misdemeanor 77.5 offense, other than a violation of a law or ordinance relating 77.6 to vehicle parking. The surcharge shall be imposed whether or 77.7 not the person is sentenced to imprisonment or the sentence is 77.8 stayed. 77.9 (b) If the court fails to impose a surcharge as required by 77.10 this subdivision, the court administrator shall show the 77.11 imposition of the $25$28 surcharge, collect the surcharge and 77.12 correct the record. 77.13 (c) The court may not waive payment of the surcharge 77.14 required under this subdivision. Upon a showing of indigency or 77.15 undue hardship upon the convicted person or the convicted 77.16 person's immediate family, the sentencing court may authorize 77.17 payment of the surcharge in installments. 77.18 (d) The court administrator or other entity collecting a 77.19 surcharge shall forward it to the state treasurer. 77.20 (e) If the convicted person is sentenced to imprisonment 77.21 and has not paid the surcharge before the term of imprisonment 77.22 begins, the chief executive officer of the correctional facility 77.23 in which the convicted person is incarcerated shall collect the 77.24 surcharge from any earnings the inmate accrues from work 77.25 performed in the facility or while on conditional release. The 77.26 chief executive officer shall forward the amount collected to 77.27 the state treasurer. 77.28 Sec. 11. Minnesota Statutes 2000, section 357.021, 77.29 subdivision 7, is amended to read: 77.30 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 77.31 (a) The state treasurer shall disburse surcharges$25 out of 77.32 each $28 surcharge received under subdivision 6 and section 77.33 97A.065, subdivision 2, as follows: 77.34 (1) one percent of the surchargeshall be credited to the 77.35 game and fish fund to provide peace officer training for 77.36 employees of the department of natural resources who are 78.1 licensed under sections 626.84 to 626.863, and who possess peace 78.2 officer authority for the purpose of enforcing game and fish 78.3 laws; 78.4 (2) 39 percent of the surchargeshall be credited to the 78.5 peace officers training account in the special revenue fund; and 78.6 (3) 60 percent of the surchargeshall be credited to the 78.7 general fund. 78.8 (b) Out of each $28 surcharge received under subdivision 6 78.9 and section 97A.065, subdivision 2, $3 must be credited to a 78.10 criminal justice special projects account in the special revenue 78.11 fund. This account is available for appropriation to the 78.12 commissioner of public safety for grants to law enforcement 78.13 agencies and for other purposes authorized by the legislature. 78.14 Sec. 12. [609.118] [FINGERPRINTING REQUIRED.] 78.15 (a) When a person is convicted of a felony, gross 78.16 misdemeanor, or targeted misdemeanor, as defined in section 78.17 299C.10, subdivision 1, or is adjudicated delinquent for a 78.18 felony or gross misdemeanor, the court shall order the offender 78.19 to immediately report to the law enforcement agency responsible 78.20 for the collection of fingerprint and other identification data 78.21 required under section 299C.10, regardless of the sentence 78.22 imposed or executed. 78.23 (b) Paragraph (a) does not apply if the person is remanded 78.24 to the custody of a law enforcement agency or if the 78.25 identification data was collected prior to the conviction or 78.26 adjudication for the offense. 78.27 (c) A person who fails to obey a court order under 78.28 paragraph (a) is subject to probation revocation, contempt of 78.29 court, or any other appropriate remedy. 78.30 (d) This section does not limit or restrict any other 78.31 statutory requirements or local policies regarding the 78.32 collection of identification data. 78.33 Sec. 13. [626.8471] [AVOIDING RACIAL PROFILING; POLICIES 78.34 AND LEARNING OBJECTIVES REQUIRED.] 78.35 Subdivision 1. [PURPOSE.] The legislature finds that the 78.36 reality or public perception of racial profiling alienates 79.1 people from police, hinders community policing efforts, and 79.2 causes law enforcement to lose credibility and trust among the 79.3 people law enforcement is sworn to protect and serve. No stop 79.4 initiated by a peace officer should be made without a legitimate 79.5 reason; race, ethnicity, or national origin alone should never 79.6 provide a sufficient reason. Law enforcement policies and 79.7 training programs must emphasize the need to respect the balance 79.8 between the rights of all persons to be free from unreasonable 79.9 governmental intrusions and law enforcement's need to enforce 79.10 the law. 79.11 Subd. 2. [DEFINITION.] "Racial profiling" means any action 79.12 initiated by law enforcement that relies upon the race, 79.13 ethnicity, or national origin of an individual rather than: 79.14 (1) the behavior of that individual; or 79.15 (2) information that leads law enforcement to a particular 79.16 individual who has been identified as being engaged in or having 79.17 been engaged in criminal activity. 79.18 Racial profiling includes use of racial or ethnic 79.19 stereotypes as factors in selecting whom to stop and search. 79.20 Racial profiling does not include law enforcement's use of race 79.21 or ethnicity to determine whether a person matches a specific 79.22 description of a particular subject. 79.23 Subd. 3. [STATEWIDE MODEL POLICY.] (a) The board of peace 79.24 officer standards and training shall consult with the Minnesota 79.25 chiefs of police association, the Minnesota sheriffs 79.26 association, the racial profiling advisory committee, and the 79.27 Minnesota police and peace officers association in developing an 79.28 antiracial profiling model policy governing the conduct of peace 79.29 officers engaged in stops of citizens. This policy shall define 79.30 racial profiling and identify conduct that violates the law. 79.31 The policy must also include a duty to give the officer's name 79.32 or badge number and identify the officer's department during 79.33 routine traffic stops. 79.34 (b) The board shall adopt a model policy and distribute the 79.35 model policy to all chief law enforcement officers by August 1, 79.36 2001. 80.1 Subd. 4. [AGENCY POLICIES REQUIRED.] (a) By November 1, 80.2 2001, the chief law enforcement officer of every state and local 80.3 law enforcement agency must establish and enforce a written 80.4 antiracial profiling policy governing the conduct of peace 80.5 officers engaged in stops of citizens. The chief law 80.6 enforcement officer shall ensure that each peace officer 80.7 receives a copy of the agency's antiracial profiling policy. 80.8 The chief law enforcement officer also must ensure that each 80.9 peace officer is aware of the policy's purpose and the conduct 80.10 prohibited by it. 80.11 (b) The policy must, at a minimum, comply with the 80.12 requirements of the model policy adopted by the board under 80.13 subdivision 3. 80.14 (c) Every state and local law enforcement agency must 80.15 certify to the board that it has adopted a written policy in 80.16 compliance with the board's model policy. 80.17 (d) The board shall assist the chief law enforcement 80.18 officer of each state and local law enforcement agency in 80.19 developing and implementing antiracial profiling policies under 80.20 this subdivision. 80.21 Subd. 5. [PRESERVICE TRAINING LEARNING OBJECTIVES; 80.22 REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare 80.23 learning objectives for preservice training to instruct peace 80.24 officers in avoiding racial profiling when making stops of 80.25 citizens. These learning objectives shall be included in the 80.26 required curriculum of professional peace officer education 80.27 programs. 80.28 (b) An individual is not eligible to take the peace officer 80.29 licensing examination or the part-time peace officer licensing 80.30 examination on or after June 1, 2002, unless: 80.31 (1) the individual has received the training described in 80.32 paragraph (a); and 80.33 (2) the individual has completed a psychological evaluation 80.34 demonstrating that the individual is not likely to engage in 80.35 racial profiling. 80.36 Subd. 6. [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 81.1 August 1, 2001, the board shall prepare learning objectives for 81.2 in-service training to instruct peace officers in avoiding 81.3 racial profiling when making stops of citizens. The board shall 81.4 evaluate and monitor in-service training courses to ensure they 81.5 satisfy the learning objectives. 81.6 Subd. 7. [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS; 81.7 REQUIREMENTS.] The executive director of the board of peace 81.8 officer standards and training shall prepare training materials 81.9 to provide chief law enforcement officers and other peace 81.10 officers with supervisory authority with information on how to 81.11 detect and respond to racial profiling by peace officers under 81.12 their command. The training materials must address both the 81.13 agency's antiracial profiling policy and procedural components 81.14 aimed at eliminating racial profiling in stops of citizens. The 81.15 materials must include information on federal and state 81.16 constitutional and statutory laws prohibiting discrimination by 81.17 law enforcement. The procedural information must describe 81.18 conduct that is unlawful or inappropriate and present guidelines 81.19 for reinforcing techniques that are lawful and appropriate. The 81.20 procedural information shall discuss appropriate search and 81.21 seizure and interviewing techniques. 81.22 Subd. 8. [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 81.23 board has authority to inspect state and local agency policies 81.24 to ensure compliance with subdivision 4. The board may conduct 81.25 this inspection based upon a complaint it receives about a 81.26 particular agency or through a random selection process. 81.27 Sec. 14. [626.8515] [CERTAIN BACCALAUREATE DEGREE HOLDERS 81.28 ELIGIBLE TO TAKE LICENSING EXAMINATION.] 81.29 A person with a baccalaureate degree from an accredited 81.30 college or university who has successfully completed a 81.31 board-certified practical skills oriented basic training course 81.32 is eligible to take the peace officer licensing examination. 81.33 Sec. 15. [626.8517] [ELIGIBILITY FOR RECIPROCITY 81.34 EXAMINATION BASED ON RELEVANT MILITARY EXPERIENCE.] 81.35 (a) For purposes of this section, "relevant military 81.36 experience" means five years of active duty military police 82.1 service. 82.2 (b) A person who has relevant military experience and who 82.3 has been honorably discharged from the military is eligible to 82.4 take the reciprocity examination. 82.5 Sec. 16. [626.951] [RACIAL PROFILING STUDY; REPORT 82.6 REQUIRED.] 82.7 Subdivision 1. [RACIAL PROFILING STUDY.] (a) The 82.8 commissioner of public safety shall oversee a statewide study on 82.9 traffic stops of citizens to determine whether racial profiling 82.10 exists. Law enforcement agencies that decide to participate in 82.11 the study shall follow the procedures set forth by this 82.12 section. Agencies that receive state money for the installation 82.13 of video cameras in police vehicles shall participate in the 82.14 study. 82.15 (b) The data that must be collected as part of this study 82.16 include: 82.17 (1) the location of the stop; 82.18 (2) the date and time of the stop; 82.19 (3) the age, race/ethnicity, and gender of the driver; 82.20 (4) the traffic violation or reason that led to the stop; 82.21 (5) the disposition of the stop, arrest, citation, warning, 82.22 or no action; 82.23 (6) whether a search was conducted of the driver, 82.24 passengers, or vehicle; 82.25 (7) if a search was conducted, the authority for the 82.26 search; 82.27 (8) if a search was conducted, whether any contraband was 82.28 discovered or seized and the nature of the contraband; 82.29 (9) whether the officer knew the race/ethnicity of the 82.30 driver before the stop; and 82.31 (10) the law enforcement agency's code. 82.32 (c) The time period of the study shall be 12 months, 82.33 beginning on January 1, 2002, and ending December 31, 2002. 82.34 (d) The elements listed in paragraph (b) are the minimum 82.35 that a law enforcement agency participating in the study must 82.36 collect. Nothing in this section prohibits an agency from 83.1 voluntarily collecting additional data elements. If an agency 83.2 collects additional data elements, the data are classified as 83.3 provided in subdivision 7. 83.4 Subd. 2. [SUBMISSION OF DATA TO COMMISSIONER.] On a 83.5 frequency determined by the commissioner of public safety, each 83.6 chief law enforcement officer of a law enforcement agency 83.7 participating in the study shall submit to the commissioner the 83.8 data described in subdivision 1 for each traffic stop conducted 83.9 by the agency's law enforcement officers. 83.10 Subd. 3. [METHOD OF DATA COLLECTION.] A chief law 83.11 enforcement officer may collect and submit the data described in 83.12 this section electronically, if the method of doing so is 83.13 compatible with the department of public safety's computer 83.14 system, or on paper forms supplied by the commissioner of public 83.15 safety. 83.16 Subd. 4. [OUTSIDE EXPERT.] The commissioners of 83.17 administration and public safety shall retain a sufficiently 83.18 experienced and independent organization or individual to: 83.19 (1) design and oversee the data collection process 83.20 described in this section; 83.21 (2) develop baseline measures to analyze the data 83.22 collected; 83.23 (3) develop and implement a data compliance auditing 83.24 process that ensures the accuracy of data collected through, 83.25 among other things, periodic spot checks; and 83.26 (4) analyze the data collected. 83.27 Subd. 5. [OTHER DUTIES OF COMMISSIONER.] The commissioner 83.28 of public safety shall: 83.29 (1) ensure that data forwarded to the commissioner under 83.30 this section is entered into a central database in a timely 83.31 manner; 83.32 (2) cooperate with the outside expert to facilitate the 83.33 ability of the expert to fulfill its duties under this section, 83.34 including allowing the expert sufficient access to the compiled 83.35 data; and 83.36 (3) develop and distribute to law enforcement agencies 84.1 participating in the study a paper form to collect the data. 84.2 Subd. 6. [REPORT REQUIRED.] The outside expert shall 84.3 analyze the data collected to determine the degree to which, if 84.4 at all, racial profiling occurs in traffic stops made by law 84.5 enforcement agencies participating in the study within the 84.6 state. By December 1, 2003, the expert shall report the results 84.7 of the analysis to the chairs of the senate and house committees 84.8 having jurisdiction over criminal justice policy. 84.9 Subd. 7. [DATA.] If law enforcement agencies collect data 84.10 for purposes of traffic stops, the data collected, including 84.11 video data, are private data on individuals or nonpublic data as 84.12 defined in section 13.02. This subdivision does not affect the 84.13 classification of the same data collected for other law 84.14 enforcement purposes. 84.15 Sec. 17. [626.9513] [RACIAL PROFILING ADVISORY COMMITTEE.] 84.16 Subdivision 1. [COMMITTEE ESTABLISHED; MEMBERS.] (a) The 84.17 racial profiling advisory committee consists of the following 84.18 individuals or their designees: 84.19 (1) the executive director of the Minnesota chiefs of 84.20 police association; 84.21 (2) the executive director of the Minnesota police and 84.22 peace officers association; 84.23 (3) the executive director of the Minnesota sheriffs 84.24 association; 84.25 (4) a chief of police, selected by the Minnesota chiefs of 84.26 police association; 84.27 (5) a member of the Minnesota police and peace officers 84.28 association, selected by the association; 84.29 (6) the executive director of the council on Asian-Pacific 84.30 Minnesotans; 84.31 (7) the executive director of the council on Black 84.32 Minnesotans; 84.33 (8) the executive director of the council on Indian 84.34 affairs; 84.35 (9) the executive director of the council on Chicano-Latino 84.36 people affairs; 85.1 (10) the executive director of an Urban League chapter, 85.2 selected by agreement of the executive directors of the Urban 85.3 League chapters within the state; 85.4 (11) the president of a National Association for the 85.5 Advancement of Colored People branch, selected by agreement of 85.6 the presidents of the National Association for the Advancement 85.7 of Colored People branches within the state; 85.8 (12) one person appointed by the commissioner of public 85.9 safety; and 85.10 (13) one person appointed by the Black Ministers Alliance. 85.11 Subd. 2. [DUTIES.] The racial profiling advisory committee 85.12 must: 85.13 (1) advise the board of peace officer standards and 85.14 training on the development of the statewide antiracial 85.15 profiling model policy under section 626.8471, subdivision 3; 85.16 (2) advise the board of peace officer standards and 85.17 training on racial profiling training objectives, materials, and 85.18 implementation; 85.19 (3) advise the attorney general on the racial profiling 85.20 public awareness campaign; and 85.21 (4) advise the peace officer standards and training board 85.22 on any other policies relating to racial profiling based on the 85.23 review of summary data on racial profiling complaints. 85.24 Subd. 3. [COMMITTEE ACTION.] Committee action, including 85.25 any action recommended must be approved by a two-thirds majority 85.26 of the whole committee. 85.27 Subd. 4. [EXPIRATION.] The racial profiling advisory 85.28 committee expires on June 30, 2003. 85.29 Sec. 18. [626.9514] [TOLL-FREE TELEPHONE NUMBER.] 85.30 The attorney general shall operate and maintain a toll-free 85.31 telephone number for complaints dealing with racial profiling. 85.32 The attorney general must act as a clearinghouse for racial 85.33 profiling complaints and must forward complaints to the peace 85.34 officer standards and training board. 85.35 Sec. 19. [626.9517] [GRANT PROGRAM FOR INSTALLATION OF 85.36 VIDEO CAMERAS IN POLICE VEHICLES.] 86.1 Subdivision 1. [GRANTS; CAMERAS DESCRIBED.] The 86.2 commissioner of public safety shall make grants to law 86.3 enforcement agencies participating in the racial profiling study 86.4 described in section 626.951 for the purchase, installation, and 86.5 maintenance of video cameras on police vehicles designed to 86.6 record traffic stops. A video camera installed pursuant to a 86.7 grant under this section must: 86.8 (1) be automatically activated during every traffic stop; 86.9 (2) contain an audio feature; and 86.10 (3) be designed and installed so as to record the stop in 86.11 its entirety. 86.12 Cameras may not be equipped with manual shut-off switches 86.13 and must be activated for the entirety of a traffic stop. 86.14 Subd. 2. [STORAGE OF VIDEO.] Notwithstanding section 86.15 138.163 or 138.17, chief law enforcement officers of agencies 86.16 receiving grants under this section for video cameras in police 86.17 vehicles shall ensure that the video tape or disk from the 86.18 camera be stored for a minimum of 60 days after use. If the 86.19 chief law enforcement officer has not been instructed by the 86.20 board or the attorney general to maintain the tape or disk 86.21 beyond that period, the chief law enforcement officer may reuse 86.22 it. Tapes and disks must be stored and maintained under this 86.23 subdivision in an accessible manner. The tapes and disks must 86.24 be clearly labeled and ordered. 86.25 Subd. 3. [AVAILABILITY OF VIDEO TAPE.] A chief law 86.26 enforcement officer shall provide a copy of a video tape or disk 86.27 that recorded a traffic stop to the driver of the stopped 86.28 vehicle upon the driver's request and at the driver's expense if 86.29 the tape or disk has not yet been reused. 86.30 Sec. 20. [STUDY.] 86.31 The chief of the state patrol shall identify measures to 86.32 better recruit minorities and increase their representation in 86.33 the state patrol so it more accurately reflects the population 86.34 served by the state patrol. By January 15, 2002, the chief 86.35 shall report to the senate and house committees and divisions 86.36 having jurisdiction over criminal justice and transportation 87.1 policy and funding on the measures identified and the resources 87.2 needed to implement these measures. 87.3 Sec. 21. [REGIONAL TRAINING SEMINARS.] 87.4 The board of peace officer standards and training shall 87.5 facilitate regional seminars throughout the state to increase 87.6 awareness about racial profiling issues unique to specific 87.7 regions of the state and to promote a community-oriented 87.8 response to the issue of racial profiling. The training 87.9 seminars shall satisfy the learning objectives described in 87.10 Minnesota Statutes, section 626.8471, subdivision 6. These 87.11 seminars shall be completed by December 31, 2001. 87.12 Sec. 22. [REPORTS.] 87.13 Subdivision 1. [MODEL POLICY; TRAINING.] By February 15, 87.14 2002, the executive director of the board of peace officer 87.15 standards and training shall report to the house and senate 87.16 committees with jurisdiction over criminal justice funding on 87.17 the development of a model policy; learning objectives; regional 87.18 training seminars, including attendance figures for the 87.19 seminars; and the training materials prepared for chief law 87.20 enforcement officers and other officers with supervisory 87.21 authority. 87.22 Subd. 2. [COMPLAINTS.] The peace officer standards and 87.23 training board shall forward to the racial profiling advisory 87.24 committee, and make available to the public, summary data on 87.25 complaints received under Minnesota Statutes, section 626.9514. 87.26 Sec. 23. [CHILD SUPPORT PILOT PROJECT; NINTH JUDICIAL 87.27 DISTRICT.] 87.28 Subdivision 1. [PILOT PROJECT.] (a) The ninth judicial 87.29 district may establish a pilot project to implement the 87.30 provisions relating to the six-month review under subdivision 2 87.31 and an accounting for child support by an obligee under 87.32 subdivision 3. 87.33 (b) The ninth judicial district and the state court 87.34 administrator are requested to evaluate the six-month review and 87.35 accounting for child support pilot project and submit a report 87.36 to the chairs and ranking minority members of the house and 88.1 senate committees having jurisdiction over child support and 88.2 family law policy and funding by January 1, 2003. The 88.3 evaluation should measure: 88.4 (1) the fiscal impact on the courts and local government; 88.5 and 88.6 (2) increased child support collections and compliance with 88.7 parenting time. 88.8 (c) The provisions in subdivisions 2 and 3 apply only to 88.9 the pilot project established under this section. 88.10 Subd. 2. [SIX-MONTH REVIEW.] (a) A decree of dissolution 88.11 or legal separation or an order that establishes child custody, 88.12 parenting time, or support rights and obligations of parents 88.13 must contain a review date six months after its entry and an 88.14 attached request for review hearing form. The request for 88.15 review hearing form shall be prepared by the state court 88.16 administrator. 88.17 (b) The six-month review hearing shall be held if any party 88.18 submits a written request prior to 60 days before the review 88.19 date. If no party requests a hearing, the matter shall be 88.20 stricken. 88.21 (c) Upon receipt of a completed request for hearing form, 88.22 the court administrator shall provide notice of the hearing to 88.23 all other parties and the public authority. 88.24 (d) At the six-month hearing, the court must review: 88.25 (1) whether child support is current; and 88.26 (2) whether both parties are complying with the parenting 88.27 time provisions of the order. 88.28 (e) At the six-month hearing, the obligor has the burden to 88.29 present evidence to establish that child support payments are 88.30 current. A party may request that the public authority provide 88.31 information to the parties and court regarding child support 88.32 payments. A party must request the information from the public 88.33 authority at least 14 days before the hearing. The commissioner 88.34 of human services must develop a form to be used by the public 88.35 authority to submit child support payment information to the 88.36 parties and court. 89.1 (f) Contempt of court and all statutory remedies for child 89.2 support and parenting time enforcement may be imposed by the 89.3 court at the six-month hearing for noncompliance by either party 89.4 pursuant to Minnesota Statutes, chapters 518 and 588 and the 89.5 Minnesota rules of court. 89.6 Subd. 3. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 89.7 Upon the motion of an obligor, a court may order an obligee to 89.8 account for the use or disposition of child support received. 89.9 The motion must assert the specific allegations of abuse or 89.10 misapplication of child support received and that a child's 89.11 needs are not being met. If the court orders a hearing, the 89.12 court may order an accounting only if the obligor establishes 89.13 the specific allegations of abuse or misapplication of child 89.14 support received and that the child's needs are not being met. 89.15 (b) If the court orders an accounting under paragraph (a), 89.16 the obligee must provide documentation that breaks down monthly 89.17 expenditures of child support received into the following 89.18 categories: 89.19 (1) housing and utilities; 89.20 (2) food; 89.21 (3) transportation; 89.22 (4) clothing; 89.23 (5) health care; 89.24 (6) child care and education; and 89.25 (7) miscellaneous. 89.26 An obligee may account for expenditures on housing, utilities, 89.27 food, and transportation that are attributable to multiple 89.28 household members on a per capita basis. 89.29 (c) If the court finds that an obligee does not make the 89.30 accounting required under paragraph (b) or the obligee does not 89.31 spend the entire child support payment on behalf of the child, 89.32 the court may: 89.33 (1) hold the obligee in contempt of court; 89.34 (2) reduce or eliminate the obligor's child support 89.35 obligation; 89.36 (3) order the obligee to make future expenditures on behalf 90.1 of the child, whether in whole or in part, in a manner that 90.2 documents the transaction; or 90.3 (4) make any other appropriate order to ensure that the 90.4 needs of the child are met. 90.5 (d) If the court determines that an obligor's motion under 90.6 this section is brought in bad faith, the court may award 90.7 reasonable attorney fees to the obligee. 90.8 Sec. 24. [OUTSIDE REVIEW.] 90.9 The commissioner of administration shall obtain an 90.10 independent outside expert to review the CriMNet projects funded 90.11 in this act. By February 15, 2002, the outside expert shall 90.12 report to the chairs and ranking minority members of the senate 90.13 and house committees and divisions having jurisdiction over 90.14 criminal justice policy and funding on the results of the review. 90.15 Sec. 25. [APPROPRIATIONS.] 90.16 Subdivision 1. [SPECIAL REVENUE SPENDING AUTHORIZATION.] 90.17 (a) The commissioner of public safety is authorized to spend 90.18 funds appropriated from the criminal justice special projects 90.19 account in the special revenue fund under Minnesota Statutes, 90.20 section 357.021, subdivision 7, for: 90.21 (1) grants under section 19; 90.22 (2) retaining the outside expert required under section 16, 90.23 subdivision 4; 90.24 (3) reimbursement to local law enforcement agencies that 90.25 participate in the racial profiling study described in section 90.26 16, for costs they incur in participating. This amount must not 90.27 exceed $....... and must be distributed as described in 90.28 paragraph (d); 90.29 (4) costs incurred by the commissioner to provide oversight 90.30 of the racial profiling study described in section 16. This 90.31 amount must not exceed $.......; and 90.32 (5) increasing the amount available for reimbursements to 90.33 local agencies for the cost of administering board-approved 90.34 continuing education for peace officers to allow the following 90.35 agencies or divisions to be eligible to receive reimbursements 90.36 for training costs in the same manner and in like amounts as 91.1 local agencies: 91.2 (i) the state patrol; 91.3 (ii) alcohol and gambling enforcement; 91.4 (iii) the bureau of criminal apprehension; and 91.5 (iv) the office of special investigations in the department 91.6 of corrections. This amount must not exceed $........ 91.7 (b) The commissioner shall issue a request for proposals 91.8 and select a vendor from whom to purchase video cameras under 91.9 section 19. The vendor selected must provide maintenance and 91.10 extended warranties for the cameras. 91.11 (c) The commissioner shall aggressively seek available 91.12 federal grants related to eliminating racial profiling and 91.13 assist local units of government to receive federal funding. 91.14 (d) The commissioner may reimburse local law enforcement 91.15 agencies under paragraph (a), clause (1), in the following 91.16 maximum amounts: 91.17 (1) up to $5,000 for agencies with fewer than 100 full-time 91.18 sworn peace officers; 91.19 (2) up to $15,000 for agencies with at least 100, but fewer 91.20 than 300 full-time sworn peace officers; 91.21 (3) up to $30,000 for agencies with at least 300, but fewer 91.22 than 500 full-time sworn peace officers; 91.23 (4) up to $50,000 for agencies with at least 500, but fewer 91.24 than 800 full-time sworn peace officers; and 91.25 (5) up to $60,000 for agencies with 800 or more full-time 91.26 sworn peace officers. 91.27 Subd. 2. [SPECIAL REVENUE TRANSFER AUTHORIZATION.] (a) The 91.28 commissioner of public safety is authorized to transfer the 91.29 following amounts appropriated from the criminal justice special 91.30 projects account in the special revenue fund under Minnesota 91.31 Statutes, section 357.021, subdivision 7, for the purposes 91.32 indicated: 91.33 (1) $....... to the attorney general to: 91.34 (i) obtain and maintain the toll-free telephone number to 91.35 receive complaints under section 18; and 91.36 (ii) develop and implement, in consultation with the racial 92.1 profiling advisory committee, a public awareness campaign on the 92.2 issue of racial profiling and the availability of the toll-free 92.3 telephone number described in section 18; and 92.4 (2) $....... to the peace officer standards and training 92.5 board for costs associated with the regional training seminars 92.6 described in section 21. 92.7 Subd. 3. [EXPIRATION AND USE.] The authorization in this 92.8 section expires June 30, 2003. Funds appropriated from the 92.9 criminal justice special projects account in the special revenue 92.10 fund under Minnesota Statutes, section 357.021, subdivision 7, 92.11 may be used only for the purposes authorized by this section. 92.12 ARTICLE 6 92.13 GENERAL CRIMINAL PROVISIONS 92.14 Section 1. Minnesota Statutes 2000, section 169A.03, 92.15 subdivision 12, is amended to read: 92.16 Subd. 12. [MISDEMEANOR.] "Misdemeanor" means a crime for 92.17 which a person may be sentenced to imprisonment for not more 92.18 than 90 days, or to payment of a fine of not more 92.19 than $700$1,000, or both. 92.20 Sec. 2. Minnesota Statutes 2000, section 343.20, is 92.21 amended by adding a subdivision to read: 92.22 Subd. 6. [PET OR COMPANION ANIMAL.] "Pet or companion 92.23 animal" includes any animal owned, possessed by, cared for, or 92.24 controlled by a person for the present or future enjoyment of 92.25 that person or another as a pet or companion, or any stray pet 92.26 or stray companion animal. 92.27 Sec. 3. Minnesota Statutes 2000, section 343.20, is 92.28 amended by adding a subdivision to read: 92.29 Subd. 7. [SERVICE ANIMAL.] "Service animal" means an 92.30 animal trained to assist a person with a disability. 92.31 Sec. 4. Minnesota Statutes 2000, section 343.20, is 92.32 amended by adding a subdivision to read: 92.33 Subd. 8. [SUBSTANTIAL BODILY HARM.] "Substantial bodily 92.34 harm" means bodily injury which involves a temporary but 92.35 substantial disfigurement, or which causes a temporary but 92.36 substantial loss or impairment of the function of any bodily 93.1 member or organ, or which causes a fracture of any bodily member 93.2 to a service animal or a pet or companion animal. 93.3 Sec. 5. Minnesota Statutes 2000, section 343.20, is 93.4 amended by adding a subdivision to read: 93.5 Subd. 9. [GREAT BODILY HARM.] "Great bodily harm" means 93.6 bodily injury which creates a high probability of death, or 93.7 which causes serious permanent disfigurement, or which causes a 93.8 permanent or protracted loss or impairment of the function of 93.9 any bodily member or organ, or other serious bodily harm to a 93.10 service animal or a pet or companion animal. 93.11 Sec. 6. Minnesota Statutes 2000, section 343.21, is 93.12 amended by adding a subdivision to read: 93.13 Subd. 8a. [HARMING A SERVICE ANIMAL.] No person shall 93.14 intentionally and without justification cause bodily harm to a 93.15 service animal while it is providing service or while it is in 93.16 the custody of the person it serves. 93.17 Sec. 7. Minnesota Statutes 2000, section 343.21, 93.18 subdivision 9, is amended to read: 93.19 Subd. 9. [PENALTY.] (a) Except as otherwise provided in 93.20 this subdivision, a person who fails to comply with any 93.21 provision of this section is guilty of a misdemeanor. A person 93.22 convicted of a second or subsequent violation of subdivision 1 93.23 or 7 within five years of a previous violation of subdivision 1 93.24 or 7 is guilty of a gross misdemeanor. 93.25 (b) A person who intentionally violates subdivision 1 or 7 93.26 where the violation results in substantial bodily harm to a pet 93.27 or companion animal may be sentenced to imprisonment for not 93.28 more than one year or to payment of a fine of not more than 93.29 $3,000, or both. 93.30 (c) A person convicted of violating paragraph (b) within 93.31 five years of a previous gross misdemeanor or felony conviction 93.32 for violating this section may be sentenced to imprisonment for 93.33 not more than two years or to payment of a fine of not more than 93.34 $5,000, or both. 93.35 (d) A person who intentionally violates subdivision 1 or 7 93.36 where the violation results in death or great bodily harm to a 94.1 pet or companion animal may be sentenced to imprisonment for not 94.2 more than two years or to payment of a fine of not more than 94.3 $5,000, or both. 94.4 (e) A person who violates subdivision 8a where the 94.5 violation results in substantial bodily harm to a service animal 94.6 may be sentenced to imprisonment for not more than two years or 94.7 to payment of a fine of not more than $5,000, or both. 94.8 (f) A person who intentionally violates subdivision 1 or 7 94.9 where the violation results in substantial bodily harm to a pet 94.10 or companion animal, and the act is done to threaten, 94.11 intimidate, or terrorize another person, may be sentenced to 94.12 imprisonment for not more than two years or to payment of a fine 94.13 of not more than $5,000, or both. 94.14 (g) A person who violates subdivision 8a where the 94.15 violation results in death or great bodily harm to a service 94.16 animal may be sentenced to imprisonment for not more than four 94.17 years or to payment of a fine of not more than $10,000, or both. 94.18 (h) A person who intentionally violates subdivision 1 or 7 94.19 where the violation results in death or great bodily harm to a 94.20 pet or companion animal, and the act is done to threaten, 94.21 intimidate, or terrorize another person, may be sentenced to 94.22 imprisonment for not more than four years or to payment of a 94.23 fine of not more than $10,000, or both. 94.24 Sec. 8. Minnesota Statutes 2000, section 343.21, 94.25 subdivision 10, is amended to read: 94.26 Subd. 10. [RESTRICTIONS.] If a person is convicted of 94.27 violating this section, the court shall require that pet or 94.28 companion animals , as defined in section 346.36, subdivision 6,94.29 that have not been seized by a peace officer or agent and are in 94.30 the custody or control of the person must be turned over to a 94.31 peace officer or other appropriate officer or agent unless the 94.32 court determines that the person is able and fit to provide 94.33 adequately for an animal. If the evidence indicates lack of 94.34 proper and reasonable care of an animal, the burden is on the 94.35 person to affirmatively demonstrate by clear and convincing 94.36 evidence that the person is able and fit to have custody of and 95.1 provide adequately for an animal. The court may limit the 95.2 person's further possession or custody of pet or companion 95.3 animals, and may impose other conditions the court considers 95.4 appropriate, including, but not limited to: 95.5 (1) imposing a probation period during which the person may 95.6 not have ownership, custody, or control of a pet or companion 95.7 animal; 95.8 (2) requiring periodic visits of the person by an animal 95.9 control officer or agent appointed pursuant to section 343.01, 95.10 subdivision 1; 95.11 (3) requiring performance by the person of community 95.12 service in a humane facility; and 95.13 (4) requiring the person to receive psychological, 95.14 behavioral, or other counseling. 95.15 Sec. 9. Minnesota Statutes 2000, section 343.235, 95.16 subdivision 1, is amended to read: 95.17 Subdivision 1. [GENERAL RULE.] An animal taken into 95.18 custody under section 343.12, 343.22 or, 343.29, or 343.31 may 95.19 be humanely disposed of at the discretion of the jurisdiction 95.20 having custody of the animal ten days after the animal is taken 95.21 into custody, provided that the procedures in subdivision 3 are 95.22 followed. An animal raised for food or fiber products may not 95.23 be seized or disposed of without prior examination by a licensed 95.24 veterinarian pursuant to a warrant issued by a judge. 95.25 Sec. 10. Minnesota Statutes 2000, section 343.235, 95.26 subdivision 3, is amended to read: 95.27 Subd. 3. [NOTICE; RIGHT TO HEARING.] (a) The authority 95.28 taking custody of an animal under section 343.12, 343.22 or, 95.29 343.29, or 343.31 shall give notice of this section by 95.30 delivering or mailing it to a person claiming an interest in the 95.31 animal or by posting a copy of it at the place where the animal 95.32 is taken into custody or by delivering it to a person residing 95.33 on the property, and telephoning, if possible. The notice must 95.34 include: 95.35 (1) a description of the animal seized; the authority and 95.36 purpose for the seizure; the time, place, and circumstances 96.1 under which the animal was seized; and the location, address, 96.2 telephone number, and contact person where the animal is kept; 96.3 (2) a statement that a person claiming an interest in the 96.4 animal may post security to prevent disposition of the animal 96.5 and may request a hearing concerning the seizure or impoundment 96.6 and that failure to do so within ten days of the date of the 96.7 notice will result in disposition of the animal; and 96.8 (3) a statement that all actual costs of the care, keeping, 96.9 and disposal of the animal are the responsibility of the person 96.10 claiming an interest in the animal, except to the extent that a 96.11 court or hearing officer finds that the seizure or impoundment 96.12 was not substantially justified by law. 96.13 The notice must also include a form that can be used by a 96.14 person claiming an interest in the animal for requesting a 96.15 hearing under this subdivision. 96.16 (b) Upon request of a person claiming an interest in the 96.17 animal, which request must be made within ten days of the date 96.18 of seizure, a hearing must be held within five business days of 96.19 the request, to determine the validity of the seizure and 96.20 impoundment. If the seizure was done pursuant to a warrant 96.21 under section 343.22, the hearing must be conducted by the judge 96.22 who issued the warrant. If the seizure was done under 96.23 section 343.12, 343.29, or 343.31, the municipality taking 96.24 custody of the animal or, in the case of a humane society, the 96.25 municipality from which the animal was seized, may either (1) 96.26 authorize a licensed veterinarian with no financial interest in 96.27 the matter or professional association with either party or (2) 96.28 use the services of a hearing officer to conduct the hearing. A 96.29 person claiming an interest in the animal who is aggrieved by a 96.30 decision of a hearing officer under this subdivision may seek a 96.31 court order governing the seizure or impoundment within five 96.32 days of notice of the order. 96.33 (c) The judge or hearing officer may authorize the return 96.34 of the animal, if the judge or hearing officer finds that: 96.35 (1) the animal is physically fit; and 96.36 (2) the person claiming an interest in the animal can and 97.1 will provide the care required by law for the animal. 97.2 (d) The person claiming an interest in the animal is liable 97.3 for all actual costs of care, keeping, and disposal of the 97.4 animal, except to the extent that a court or hearing officer 97.5 finds that the seizure or impoundment was not substantially 97.6 justified by law. The costs must be paid in full or a mutually 97.7 satisfactory arrangement for payment must be made between the 97.8 municipality and the person claiming an interest in the animal 97.9 before return of the animal to the person. 97.10 Sec. 11. Minnesota Statutes 2000, section 347.50, 97.11 subdivision 1, is amended to read: 97.12 Subdivision 1. [TERMS.] For the purpose of sections 347.50 97.13 to 347.54347.56, the terms defined in this section have the 97.14 meanings given them. 97.15 Sec. 12. Minnesota Statutes 2000, section 347.50, is 97.16 amended by adding a subdivision to read: 97.17 Subd. 6a. [GREAT BODILY HARM.] "Great bodily harm" has the 97.18 meaning given it under section 609.02, subdivision 8. 97.19 Sec. 13. Minnesota Statutes 2000, section 347.51, 97.20 subdivision 2, is amended to read: 97.21 Subd. 2. [REGISTRATION.] A countyAn animal control 97.22 authority shall issue a certificate of registration to the owner 97.23 of a dangerous dog if the owner presents sufficient evidence 97.24 that: 97.25 (1) a proper enclosure exists for the dangerous dog and a 97.26 posting on the premises with a clearly visible warning sign, 97.27 including a warning symbol to inform children, that there is a 97.28 dangerous dog on the property; and97.29 (2) a surety bond issued by a surety company authorized to 97.30 conduct business in this state in a form acceptable to the 97.31 county in the sum of at least $50,000, payable to any person 97.32 injured by the dangerous dog, or a policy of liability insurance 97.33 issued by an insurance company authorized to conduct business in 97.34 this state in the amount of at least $50,000, insuring the owner 97.35 for any personal injuries inflicted by the dangerous dog; 97.36 (3) the owner has paid an annual fee of not more than $500, 98.1 in addition to any regular dog licensing fees, to obtain a 98.2 certificate of registration for a dangerous dog under this 98.3 section; and 98.4 (4) the owner has had microchip identification implanted in 98.5 the dangerous dog as required under section 347.515. 98.6 Sec. 14. Minnesota Statutes 2000, section 347.51, is 98.7 amended by adding a subdivision to read: 98.8 Subd. 3a. [DANGEROUS OR DESTRUCTIVE DOG DESIGNATION 98.9 REVIEW.] Beginning six months after a dog is declared a 98.10 dangerous dog, an owner may request annually that the animal 98.11 control authority review the designation. The owner must 98.12 provide evidence that the dog's behavior has changed due to the 98.13 dog's age, neutering, environment, completion of obedience 98.14 training that includes modification of aggressive behavior, or 98.15 other factors. If the animal control authority finds sufficient 98.16 evidence that the dog's behavior has changed, the authority may 98.17 rescind the dangerous dog or destructive dog designation. 98.18 Sec. 15. Minnesota Statutes 2000, section 347.51, 98.19 subdivision 9, is amended to read: 98.20 Subd. 9. [CONTRACTED SERVICES.] A county may contract with 98.21 another political subdivision or other person to provide the 98.22 services required under sections 347.50 to 98.23 347.54. Notwithstanding any contract entered into under this 98.24 subdivision, all fees collected under sections 347.50 to 347.54 98.25 shall be paid to the county and all certificates of registration 98.26 must be issued in the name of the county. 98.27 Sec. 16. [347.515] [MICROCHIP IDENTIFICATION.] 98.28 The owner of a dangerous or potentially dangerous dog must 98.29 have a microchip implanted in the dog for identification, and 98.30 the name of the microchip manufacturer and identification number 98.31 of the microchip must be provided to the animal control 98.32 authority. If the microchip is not implanted by the owner, it 98.33 may be implanted by the animal control authority. In either 98.34 case, all costs related to purchase and implantation of the 98.35 microchip must be borne by the dog's owner. 98.36 Sec. 17. Minnesota Statutes 2000, section 347.52, is 99.1 amended to read: 99.2 347.52 [DANGEROUS DOGS; REQUIREMENTS.] 99.3 (a) An owner of a dangerous dog shall keep the dangerous99.4 dog, while on the owner's property, in a proper enclosure. If 99.5 the dog is outside the proper enclosure, the dog must be muzzled 99.6 and restrained by a substantial chain or leash and under the 99.7 physical restraint of a responsible person. The muzzle must be 99.8 made in a manner that will prevent the dog from biting any 99.9 person or animal but that will not cause injury to the dog or 99.10 interfere with its vision or respiration. 99.11 (b) An owner of a dangerous dog must renew the registration 99.12 of the dog annually until the dog is deceased. If the dog is 99.13 removed from the jurisdiction, it must be registered as a 99.14 dangerous dog in its new jurisdiction. 99.15 (c) An owner of a dangerous dog must notify the animal 99.16 control authority in writing of the death of the dog or its 99.17 transfer to a new jurisdiction within 30 days of the death or 99.18 transfer, and must, if requested by the animal control 99.19 authority, execute an affidavit under oath setting forth either 99.20 the circumstances of the dog's death and disposition or the 99.21 complete name, address, and telephone number of the person to 99.22 whom the dog has been transferred. 99.23 (d) An animal control authority may require a dangerous dog 99.24 to be sterilized at the owner's expense. If the owner does not 99.25 have the animal sterilized, the animal control authority may 99.26 have the animal sterilized at the owner's expense. 99.27 (e) A person who owns a dangerous dog and who rents 99.28 property from another where the dog will reside must disclose to 99.29 the property owner prior to entering the lease agreement and at 99.30 the time of any lease renewal that the person owns a dangerous 99.31 dog that will reside at the property. 99.32 (f) A person who sells a dangerous dog must notify the 99.33 purchaser that the animal control authority has identified the 99.34 dog as dangerous. The seller must also notify the animal 99.35 control authority in writing of the sale and provide the animal 99.36 control authority with the new owner's name, address, and 100.1 telephone number. 100.2 Sec. 18. Minnesota Statutes 2000, section 347.55, is 100.3 amended to read: 100.4 347.55 [PENALTY.] 100.5 (a) Any person who violates any provision of section 347.51 100.6 or 347.52 is guilty of a misdemeanor. 100.7 (b) It is a misdemeanor to remove a microchip from a 100.8 dangerous or potentially dangerous dog, to fail to renew the 100.9 registration of a dangerous dog, to fail to account for a 100.10 dangerous dog's death or removal from the jurisdiction, to sign 100.11 a false affidavit with respect to a dangerous dog's death or 100.12 removal from the jurisdiction, or to fail to disclose ownership 100.13 of a dangerous dog to a property owner from whom the person 100.14 rents property. 100.15 Sec. 19. [347.56] [DESTRUCTION OF DOG IN CERTAIN 100.16 CIRCUMSTANCES.] 100.17 Notwithstanding sections 347.51 to 347.55, a dog that 100.18 inflicted substantial or great bodily harm on a human being on 100.19 public or private property without provocation may be destroyed 100.20 in a proper and humane manner by the animal control authority. 100.21 The animal control authority may not destroy the dog until the 100.22 dog owner has had the opportunity for a hearing before an 100.23 impartial decision maker. 100.24 The definitions in section 347.50, and the exemptions under 100.25 section 347.51, subdivision 5, apply to this section. 100.26 Sec. 20. Minnesota Statutes 2000, section 609.487, 100.27 subdivision 4, is amended to read: 100.28 Subd. 4. [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 100.29 Whoever flees or attempts to flee by means of a motor vehicle a 100.30 peace officer who is acting in the lawful discharge of an 100.31 official duty, and the perpetrator knows or should reasonably 100.32 know the same to be a peace officer, and who in the course of 100.33 fleeing causes the death of a human being not constituting 100.34 murder or manslaughter or any bodily injury to any person other 100.35 than the perpetrator may be sentenced to imprisonment as follows: 100.36 (a) If the course of fleeing results in death, to 101.1 imprisonment for not more than ten40 years or to payment of a 101.2 fine of not more than $20,000$80,000, or both; or 101.3 (b) If the course of fleeing results in great bodily harm, 101.4 to imprisonment for not more than seven years or to payment of a 101.5 fine of not more than $14,000, or both; or 101.6 (c) If the course of fleeing results in substantial bodily 101.7 harm, to imprisonment for not more than five years or to payment 101.8 of a fine of not more than $10,000, or both. 101.9 Sec. 21. Minnesota Statutes 2000, section 609.495, 101.10 subdivision 1, is amended to read: 101.11 Subdivision 1. (a) Whoever harbors, conceals, oraids, or 101.12 assists by word or acts another known bywhom the actor to have101.13 knows or has reason to know has committed a felonycrime under 101.14 the laws of this or another state or of the United States with 101.15 intent that such offender shall avoid or escape from arrest, 101.16 trial, conviction, or punishment, may be sentenced to 101.17 imprisonment for not more than three years or to payment of a 101.18 fine of not more than $5,000, or both if the crime committed or 101.19 attempted by the other person is a felony. 101.20 (b) Whoever knowingly harbors, conceals, or aids a person 101.21 who is on probation, parole, or supervised release because of a 101.22 felony level conviction and for whom an arrest and detention 101.23 order has been issued, with intent that the person evade or 101.24 escape being taken into custody under the order, may be 101.25 sentenced to imprisonment for not more than three years or to 101.26 payment of a fine of not more than $5,000, or both. As used in 101.27 this paragraph, "arrest and detention order" means a written 101.28 order to take and detain a probationer, parolee, or supervised 101.29 releasee that is issued under section 243.05, subdivision 1; 101.30 244.19, subdivision 4; or 401.02, subdivision 4. 101.31 Sec. 22. Minnesota Statutes 2000, section 609.495, 101.32 subdivision 3, is amended to read: 101.33 Subd. 3. Whoever intentionally aids another person known101.34 bywhom the actor to haveknows or has reason to know has 101.35 committed a criminal act, by destroying or concealing evidence 101.36 of that crime, providing false or misleading information about 102.1 that crime, receiving the proceeds of that crime, or otherwise 102.2 obstructing the investigation or prosecution of that crime is an 102.3 accomplice after the fact and may be sentenced to not more than 102.4 one-half of the statutory maximum sentence of imprisonment or to 102.5 payment of a fine of not more than one-half of the maximum fine 102.6 that could be imposed on the principal offender for the crime of 102.7 violence. For purposes of this subdivision, "criminal act" 102.8 means an act that is a crime listed in section 609.11, 102.9 subdivision 9, under the laws of this or another state, or of 102.10 the United States, and also includes an act that would be a 102.11 criminal act if committed by an adult. 102.12 Sec. 23. Minnesota Statutes 2000, section 609.521, is 102.13 amended to read: 102.14 609.521 [POSSESSION OF SHOPLIFTING GEAR.] 102.15 (a) As used in this section, an "electronic article 102.16 surveillance system" means any electronic device or devices that 102.17 are designed to detect the unauthorized removal of marked 102.18 merchandise from a store. 102.19 (b) Whoever has in possession any device, gear, or 102.20 instrument speciallydesigned to assist in shoplifting or 102.21 defeating an electronic article surveillance system with intent 102.22 to use the same to shoplift and thereby commit theft may be 102.23 sentenced to imprisonment for not more than three years or to 102.24 payment of a fine of not more than $5,000, or both. 102.25 Sec. 24. Minnesota Statutes 2000, section 617.247, 102.26 subdivision 3, as amended by Laws 2001, chapter 197, section 4, 102.27 is amended to read: 102.28 Subd. 3. [DISSEMINATION PROHIBITED.] (a) A person who 102.29 disseminates pornographic work to an adult or a minor, knowing 102.30 or with reason to know its content and character, is guilty of a 102.31 felony and may be sentenced to imprisonment for not more than 102.32 seven years and a fine of not more than $10,000 for a first 102.33 offense and for not more than 15 years and a fine of not more 102.34 than $20,000 for a second or subsequent offense. 102.35 (b) Unless a longer statutory maximum period is specified102.36 in paragraph (a),A person who violates paragraph (a) is guilty 103.1 of a felony and may be sentenced to imprisonment for not more 103.2 than ten15 years if the violation occurs when the person is a 103.3 registered predatory offender under section 243.166. 103.4 Sec. 25. Minnesota Statutes 2000, section 629.471, 103.5 subdivision 2, is amended to read: 103.6 Subd. 2. [QUADRUPLE FINE.] (a) For offenses under sections 103.7 169.09, 169A.20, 171.24, paragraph (c)subdivision 5, 609.2231,103.8 subdivision 2, 609.487,and 609.525, the maximum cash bail that 103.9 may be required for a person charged with a misdemeanor or gross 103.10 misdemeanor violation is quadruple the highest cash fine that 103.11 may be imposed for the offense. 103.12 (b) Unless the court imposes the conditions of release 103.13 specified in section 169A.44, the court must impose maximum bail 103.14 when releasing a person from detention who has been charged with 103.15 violating section 169A.20 if the person has three or more prior 103.16 impaired driving convictions within the previous ten years. As 103.17 used in this subdivision, "prior impaired driving conviction" 103.18 has the meaning given in section 169A.03. 103.19 Sec. 26. [REPEALER.] 103.20 Minnesota Statutes 2000, section 347.51, subdivision 6, is 103.21 repealed. 103.22 Sec. 27. [EFFECTIVE DATE.] 103.23 Sections 1 to 26 are effective August 1, 2001. Those 103.24 provisions relating to crimes apply to crimes committed on or 103.25 after that date. 103.26 ARTICLE 7 103.27 PREDATORY OFFENDER REGISTRATION AND RELATED PROVISIONS 103.28 Section 1. Minnesota Statutes 2000, section 243.166, 103.29 subdivision 1, is amended to read: 103.30 Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall 103.31 register under this section if: 103.32 (1) the person was charged with or petitioned for a felony 103.33 violation of or attempt to violate any of the following, and 103.34 convicted of or adjudicated delinquent for that offense or 103.35 another offense arising out of the same set of circumstances: 103.36 (i) murder under section 609.185, clause (2); or 104.1 (ii) kidnapping under section 609.25; or 104.2 (iii) criminal sexual conduct under section 609.342; 104.3 609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 104.4 (iv) indecent exposure under section 617.23, subdivision 3; 104.5 or 104.6 (2) the person was charged with or petitioned for falsely 104.7 imprisoning a minor in violation of section 609.255, subdivision 104.8 2; soliciting a minor to engage in prostitution in violation of 104.9 section 609.322 or 609.324; soliciting a minor to engage in 104.10 sexual conduct in violation of section 609.352; using a minor in 104.11 a sexual performance in violation of section 617.246; or 104.12 possessing pornographic work involving a minor in violation of 104.13 section 617.247, and convicted of or adjudicated delinquent for 104.14 that offense or another offense arising out of the same set of 104.15 circumstances; or 104.16 (3) the person was convicted of a predatory crime as 104.17 defined in section 609.108, and the offender was sentenced as a 104.18 patterned sex offender or the court found on its own motion or 104.19 that of the prosecutor that the crime was part of a predatory 104.20 pattern of behavior that had criminal sexual conduct as its 104.21 goal; or 104.22 (4) the person was convicted of or adjudicated delinquent 104.23 for, including pursuant to a court martial, violating a law of 104.24 the United States, including the Uniform Code of Military 104.25 Justice, similar to the offenses described in clause (1), (2), 104.26 or (3). 104.27 (b) A person also shall register under this section if: 104.28 (1) the person was convicted of or adjudicated delinquent 104.29 in another state for an offense that would be a violation of a 104.30 law described in paragraph (a) if committed in this state; 104.31 (2) the person enters the state to reside, or to work or 104.32 attend school; and 104.33 (3) ten years have not elapsed since the person was 104.34 released from confinement or, if the person was not confined, 104.35 since the person was convicted of or adjudicated delinquent for 104.36 the offense that triggers registration, unless the person is 105.1 subject to lifetime registration, in which case the person must 105.2 register for life regardless of when the person was released 105.3 from confinement, convicted, or adjudicated delinquent. 105.4 For purposes of this paragraph: 105.5 (i) "school" includes any public or private educational 105.6 institution, including any secondary school, trade or 105.7 professional institution, or institution of higher education, 105.8 that the person is enrolled in on a full-time or part-time 105.9 basis; and 105.10 (ii) "work" includes employment that is full-time or 105.11 part-time for a period of time exceeding 14 days or for an 105.12 aggregate period of time exceeding 30 days during any calendar 105.13 year, whether financially compensated, volunteered, or for the 105.14 purpose of government or educational benefit. 105.15 (c) A person also shall register under this section if the 105.16 person was committed pursuant to a court commitment order under 105.17 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 105.18 a similar law of another state or the United States, regardless 105.19 of whether the person was convicted of any offense. 105.20 (d) A person also shall register under this section if: 105.21 (1) the person was charged with or petitioned for a felony 105.22 violation or attempt to violate any of the offenses listed in 105.23 paragraph (a), clause (1), or a similar law of another state or 105.24 the United States, or the person was charged with or petitioned 105.25 for a violation of any of the offenses listed in paragraph (a), 105.26 clause (2), or a similar law of another state or the United 105.27 States; 105.28 (2) the person was found not guilty by reason of mental 105.29 illness or mental deficiency after a trial for that offense, or 105.30 found guilty but mentally ill after a trial for that offense, in 105.31 states with a guilty but mentally ill verdict; and 105.32 (3) the person was committed pursuant to a court commitment 105.33 order under section 253B.18 or a similar law of another state or 105.34 the United States. 105.35 Sec. 2. Minnesota Statutes 2000, section 243.166, 105.36 subdivision 3, is amended to read: 106.1 Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required 106.2 to register under this section shall register with the 106.3 corrections agent as soon as the agent is assigned to the 106.4 person. If the person does not have an assigned corrections 106.5 agent or is unable to locate the assigned corrections agent, the 106.6 person shall register with the law enforcement agency that has 106.7 jurisdiction in the area of the person's residence. 106.8 (b) At least five days before the person starts living at a 106.9 new primary address, including living in another state, the 106.10 person shall give written notice of the new primary living 106.11 address to the assigned corrections agent or to the law 106.12 enforcement authority with which the person currently is 106.13 registered. If the person will be living in a new state and 106.14 that state has a registration requirement, the person shall also 106.15 give written notice of the new address to the designated 106.16 registration agency in the new state. The corrections agent or 106.17 law enforcement authority shall, within two business days after 106.18 receipt of this information, forward it to the bureau of 106.19 criminal apprehension. The bureau of criminal apprehension 106.20 shall, if it has not already been done, notify the law 106.21 enforcement authority having primary jurisdiction in the 106.22 community where the person will live of the new address. If the 106.23 person is leaving the state, the bureau of criminal apprehension 106.24 shall notify the registration authority in the new state of the 106.25 new address. If the person's obligation to register arose under 106.26 subdivision 1, paragraph (b), the person's registration 106.27 requirements under this section terminate when the person begins 106.28 living in the new state. 106.29 (c) A person required to register under subdivision 1, 106.30 paragraph (b), because the person is working or attending school 106.31 in Minnesota shall register with the law enforcement agency that 106.32 has jurisdiction in the area where the person works or attends 106.33 school. In addition to other information required by this 106.34 section, the person shall provide the address of the school or 106.35 of the location where the person is employed. A person must 106.36 comply with this paragraph within five days of beginning 107.1 employment or school. A person's obligation to register under 107.2 this paragraph terminates when the person is no longer working 107.3 or attending school in Minnesota. 107.4 (d) A person required to register under this section who 107.5 works or attends school outside of Minnesota shall register as a 107.6 predatory offender in the state where the person works or 107.7 attends school. The person's corrections agent, or if the 107.8 person does not have an assigned corrections agent, the law 107.9 enforcement authority that has jurisdiction in the area of the 107.10 person's residence shall notify the person of this requirement. 107.11 Sec. 3. Minnesota Statutes 2000, section 243.166, 107.12 subdivision 4a, is amended to read: 107.13 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 107.14 person required to register under this section shall provide to 107.15 the corrections agent or law enforcement authority the following 107.16 information: 107.17 (1) the address of the person's primary residence; 107.18 (2) the addresses of all the person's secondary 107.19 residences in Minnesota, including all addresses used for 107.20 residential or recreational purposes; 107.21 (3) the addresses of all Minnesota property owned, leased, 107.22 or rented by the person; 107.23 (4) the addresses of all locations where the person is 107.24 employed; 107.25 (5) the addresses of all residences where the person 107.26 resides while attending school; and 107.27 (6) the year, model, make, license plate number, and color 107.28 of all motor vehicles owned or regularly driven by the 107.29 person. "Motor vehicle" has the meaning given "vehicle" in 107.30 section 169.01, subdivision 2. 107.31 (b) The person shall report to the agent or authority the 107.32 information required to be provided under paragraph (a), clauses 107.33 (2) to (6), within five days of the date the clause becomes 107.34 applicable. If because of a change in circumstances a clause no 107.35 longer applies to previously reported information, the person 107.36 shall immediately inform the agent or authority that the 108.1 information is no longer valid. 108.2 Sec. 4. Minnesota Statutes 2000, section 243.166, 108.3 subdivision 6, is amended to read: 108.4 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 108.5 provisions of section 609.165, subdivision 1, and except as 108.6 provided in paragraphs (b), (c), and (d), a person required to 108.7 register under this section shall continue to comply with this 108.8 section until ten years have elapsed since the person initially 108.9 registered in connection with the offense, or until the 108.10 probation, supervised release, or conditional release period 108.11 expires, whichever occurs later. For a person required to 108.12 register under this section who is committed under section 108.13 253B.18 or 253B.185, the ten-year registration period does not 108.14 include the period of commitment. 108.15 (b) If a person required to register under this section 108.16 fails to register following a change in residence, the 108.17 commissioner of public safety may require the person to continue 108.18 to register for an additional period of five years. This 108.19 five-year period is added to the end of the offender's 108.20 registration period. 108.21 (c) If a person required to register under this section is 108.22 subsequently incarcerated following a revocation of probation, 108.23 supervised release, or conditional release for that offense, or 108.24 a conviction for any new offense, the person shall continue to 108.25 register until ten years have elapsed since the person was last 108.26 released from incarceration or until the person's probation, 108.27 supervised release, or conditional release period expires, 108.28 whichever occurs later. 108.29 (d) A person shall continue to comply with this section for 108.30 the life of that person: 108.31 (1) if the person is convicted of or adjudicated delinquent 108.32 for any offense for which registration is required under 108.33 subdivision 1, or any offense from another state or any federal 108.34 offense similar to the offenses described in subdivision 1, and 108.35 the person has a prior conviction or adjudication for an offense 108.36 for which registration was required under subdivision 1, or an 109.1 offense from another state or a federal offense similar to an 109.2 offense described in subdivision 1; 109.3 (2) if the person is required to register based upon a 109.4 conviction or delinquency adjudication for an offense under 109.5 section 609.185, clause (2), or a similar statute from another 109.6 state or the United States; 109.7 (3) if the person is required to register based upon a 109.8 conviction for an offense under section 609.342, subdivision 1, 109.9 paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 109.10 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 109.11 subdivision 1, paragraph (a), (c), or (g); or 609.345, 109.12 subdivision 1, paragraph (a), (c), or (g); or a statute from 109.13 another state or the United States similar to the offenses 109.14 described in this clause; or 109.15 (3)(4) if the person is required to register under 109.16 subdivision 1, paragraph (c), following commitment pursuant to a 109.17 court commitment under section 253B.185 or a similar law of 109.18 another state or the United States. 109.19 Sec. 5. Minnesota Statutes 2000, section 243.167, 109.20 subdivision 1, is amended to read: 109.21 Subdivision 1. [DEFINITION.] As used in this section, 109.22 "crime against the person" means a violation of any of the 109.23 following or a similar law of another state or of the United 109.24 States: section 609.165; 609.185; 609.19; 609.195; 609.20; 109.25 609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4; 109.26 609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 109.27 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 109.28 1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 109.29 felony-level violation of section 609.229; 609.377; 609.749; or 109.30 624.713. 109.31 Sec. 6. Minnesota Statutes 2000, section 609.117, is 109.32 amended to read: 109.33 609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 109.34 Subdivision 1. [UPON SENTENCING.] The court shall order an 109.35 offender to provide a biological specimen for the purpose of DNA 109.36 analysis as defined in section 299C.155 when: 110.1 (1) the court sentences a person charged with violating or 110.2 attempting to violate any of the following, and the person is 110.3 convicted of that offense or of any offense arising out of the 110.4 same set of circumstances: 110.5 (i) murder under section 609.185, 609.19, or 609.195; 110.6 (ii) manslaughter under section 609.20 or 609.205; 110.7 (iii) assault under section 609.221, 609.222, or 609.223; 110.8 (iv) robbery under section 609.24 or aggravated robbery 110.9 under section 609.245; 110.10 (v) kidnapping under section 609.25; 110.11 (vi) false imprisonment under section 609.255; 110.12 (vii) criminal sexual conduct under section 609.342, 110.13 609.343, 609.344, or609.345, or 609.3451, subdivision 3; 110.14 (viii) incest under section 609.365; 110.15 (ix) burglary under section 609.582, subdivision 1; or 110.16 (x) indecent exposure under section 617.23, subdivision 3 ,110.17 clause (2); 110.18 (2) the court sentences a person as a patterned sex 110.19 offender under section 609.108; or 110.20 (3) the juvenile court adjudicates a person a delinquent 110.21 child who is the subject of a delinquency petition for violating 110.22 or attempting to violate any of the following, and the 110.23 delinquency adjudication is based on a violation of one of those 110.24 sections or of any offense arising out of the same set of 110.25 circumstances: 110.26 (i) murder under section 609.185, 609.19, or 609.195; 110.27 (ii) manslaughter under section 609.20 or 609.205; 110.28 (iii) assault under section 609.221, 609.222, or 609.223; 110.29 (iv) robbery under section 609.24 or aggravated robbery 110.30 under section 609.245; 110.31 (v) kidnapping under section 609.25; 110.32 (vi) false imprisonment under section 609.255; 110.33 (vii) criminal sexual conduct under section 609.342, 110.34 609.343, 609.344, or609.345, or 609.3451, subdivision 3; 110.35 (viii) incest under section 609.365; 110.36 (ix) burglary under section 609.582, subdivision 1; or 111.1 (x) indecent exposure under section 617.23, subdivision 3 ,111.2 clause (2). 111.3 The biological specimen or the results of the analysis shall be 111.4 maintained by the bureau of criminal apprehension as provided in 111.5 section 299C.155. 111.6 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections 111.7 or local corrections authority shall order a person to provide a 111.8 biological specimen for the purpose of DNA analysis before 111.9 completion of the person's term of imprisonment when the person 111.10 has not provided a biological specimen for the purpose of DNA 111.11 analysis and the person: 111.12 (1) was convicted ofis currently serving a term of 111.13 imprisonment for or has a past conviction for violating or 111.14 attempting to violate any of the following or a similar law of 111.15 another state or the United States or initially charged with 111.16 violating one of the following sections or a similar law of 111.17 another state or the United States and convicted of another 111.18 offense arising out of the same set of circumstances: 111.19 (i) murder under section 609.185, 609.19, or 609.195; 111.20 (ii) manslaughter under section 609.20 or 609.205; 111.21 (iii) assault under section 609.221, 609.222, or 609.223; 111.22 (iv) robbery under section 609.24 or aggravated robbery 111.23 under section 609.245; 111.24 (v) kidnapping under section 609.25; 111.25 (vi) false imprisonment under section 609.255; 111.26 (vii) criminal sexual conduct under section 609.342, 111.27 609.343, 609.344, or609.345, or 609.3451, subdivision 3; 111.28 (viii) incest under section 609.365; 111.29 (ix) burglary under section 609.582, subdivision 1; or 111.30 (x) indecent exposure under section 617.23, subdivision 3 ,111.31 clause (2); or 111.32 (2) was sentenced as a patterned sex offender under section 111.33 609.108, and committed to the custody of the commissioner of 111.34 corrections; or 111.35 (3) is serving a term of imprisonment in this state under a 111.36 reciprocal agreement although convicted in another state of an 112.1 offense described in this subdivision or a similar law of the 112.2 United States or any other state. The commissioner of 112.3 corrections or local corrections authority shall forward the 112.4 sample to the bureau of criminal apprehension. 112.5 Subd. 3. [OFFENDERS FROM OTHER STATES.] When the state 112.6 accepts an offender from another state under the interstate 112.7 compact authorized by section 243.16, the acceptance is 112.8 conditional on the offender providing a biological specimen for 112.9 the purposes of DNA analysis as defined in section 299C.155, if 112.10 the offender was convicted of an offense described in 112.11 subdivision 1 or a similar law of the United States or any other 112.12 state. The specimen must be provided under supervision of staff 112.13 from the department of corrections or a community corrections 112.14 act county within 15 business days after the offender reports to 112.15 the supervising agent. The cost of obtaining the biological 112.16 specimen is the responsibility of the agency providing 112.17 supervision. 112.18 Sec. 7. [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166, 112.19 SUBDIVISION 10.] 112.20 The original intent of the legislature in enacting 112.21 Minnesota Statutes, section 243.166, subdivision 10, was to 112.22 provide for a more uniform application of the predatory offender 112.23 registration law. Applying certain amendments to the law 112.24 retroactively to certain offenders was intended to ease the 112.25 administrative burden on agencies enforcing the law and better 112.26 serve the policy underlying it. The subdivision was not 112.27 intended to act as a limitation on registration but rather, in 112.28 some cases, as an expansion. The intent in repealing this 112.29 subdivision is to prevent a potential judicial misinterpretation 112.30 of it that was neither intended nor contemplated by the 112.31 legislature. The repeal must not be construed as a substantive 112.32 change in the application or scope of Minnesota Statutes, 112.33 section 243.166. 112.34 Sec. 8. [REPEALER.] 112.35 Minnesota Statutes 2000, section 243.166, subdivision 10, 112.36 is repealed. 113.1 Sec. 9. [EFFECTIVE DATES.] 113.2 (a) Sections 1 to 7 are effective the day following final 113.3 enactment. 113.4 (b) Section 8 is effective retroactively to April 4, 2000. 113.5 ARTICLE 8 113.6 FELONY DRIVING WHILE IMPAIRED PROVISIONS 113.7 Section 1. Minnesota Statutes 2000, section 169A.07, is 113.8 amended to read: 113.9 169A.07 [FIRST-TIME DWI VIOLATOR; OFF-ROAD RECREATIONAL 113.10 VEHICLE OR MOTORBOAT.] 113.11 A person who violates section 169A.20 (driving while 113.12 impaired) while using an off-road recreational vehicle or 113.13 motorboat and who does not have a qualified prior impaired 113.14 driving incident is subject only to the criminal penalty 113.15 provided in section 169A.25 ( first-degreesecond-degree driving 113.16 while impaired), 169A.26 ( second-degreethird-degree driving 113.17 while impaired), or 169A.27 ( third-degreefourth-degree driving 113.18 while impaired); and loss of operating privileges as provided in 113.19 section 84.91, subdivision 1 (operation of snowmobiles or 113.20 all-terrain vehicles by persons under the influence of alcohol 113.21 or controlled substances), or 86B.331, subdivision 1 (operation 113.22 of motorboats while using alcohol or with a physical or mental 113.23 disability), whichever is applicable. The person is not subject 113.24 to the provisions of section 169A.275, subdivision 5, 113.25 (submission to the level of care recommended in chemical use 113.26 assessment for repeat offenders and offenders with alcohol 113.27 concentration of 0.20 or more); 169A.277 (long-term monitoring); 113.28 169A.285 (penalty assessment); 169A.44 (conditional release); 113.29 169A.54 (impaired driving convictions and adjudications; 113.30 administrative penalties); or 169A.54, subdivision 11 (chemical 113.31 use assessment); the license revocation sanctions of sections 113.32 169A.50 to 169A.53 (implied consent law); or the plate 113.33 impoundment provisions of section 169A.60 (administrative 113.34 impoundment of plates). 113.35 Sec. 2. Minnesota Statutes 2000, section 169A.20, 113.36 subdivision 3, is amended to read: 114.1 Subd. 3. [SENTENCE.] A person who violates this section 114.2 may be sentenced as provided in section 169A.24 (first-degree 114.3 driving while impaired), 169A.25 ( first-degreesecond-degree 114.4 driving while impaired), 169A.26 ( second-degreethird-degree 114.5 driving while impaired), or 169A.27 ( third-degreefourth-degree 114.6 driving while impaired). 114.7 Sec. 3. [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 114.8 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 114.9 section 169A.20 (driving while impaired) is guilty of 114.10 first-degree driving while impaired if the person: 114.11 (1) commits the violation within ten years of the first of 114.12 three or more qualified prior impaired driving incidents; or 114.13 (2) has previously been convicted of a felony under this 114.14 section. 114.15 Subd. 2. [CRIMINAL PENALTY.] A person who commits 114.16 first-degree driving while impaired is guilty of a felony and 114.17 may be sentenced to imprisonment for not more than seven years, 114.18 or to payment of a fine of not more than $14,000, or both. The 114.19 person is subject to the mandatory penalties described in 114.20 section 169A.276 (mandatory penalties; felony violations). 114.21 Sec. 4. Minnesota Statutes 2000, section 169A.25, is 114.22 amended to read: 114.23 169A.25 [ FIRST-DEGREESECOND-DEGREE DRIVING WHILE 114.24 IMPAIRED.] 114.25 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 114.26 section 169A.20 (driving while impaired) is guilty of 114.27 first-degreesecond-degree driving while impaired if two or more 114.28 aggravating factors were present when the violation was 114.29 committed. 114.30 Subd. 2. [CRIMINAL PENALTY.] First-degreeSecond-degree 114.31 driving while impaired is a gross misdemeanor. The mandatory 114.32 penalties described in section 169A.275 and the long-term 114.33 monitoring described in section 169A.277 may be applicable. 114.34 Sec. 5. Minnesota Statutes 2000, section 169A.26, is 114.35 amended to read: 114.36 169A.26 [ SECOND-DEGREETHIRD-DEGREE DRIVING WHILE 115.1 IMPAIRED.] 115.2 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 115.3 section 169A.20 (driving while impaired) is guilty of 115.4 second-degreethird-degree driving while impaired if one 115.5 aggravating factor was present when the violation was committed. 115.6 Subd. 2. [CRIMINAL PENALTY.] Second-degreeThird-degree 115.7 driving while impaired is a gross misdemeanor. The mandatory 115.8 penalties described in section 169A.275 and the long-term 115.9 monitoring described in section 169A.277 may be applicable. 115.10 Sec. 6. Minnesota Statutes 2000, section 169A.27, is 115.11 amended to read: 115.12 169A.27 [ THIRD-DEGREEFOURTH-DEGREE DRIVING WHILE 115.13 IMPAIRED.] 115.14 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 115.15 section 169A.20 (driving while impaired) is guilty of 115.16 third-degreefourth-degree driving while impaired. 115.17 Subd. 2. [CRIMINAL PENALTY.] Third-degreeFourth-degree 115.18 driving while impaired is a misdemeanor. 115.19 Sec. 7. Minnesota Statutes 2000, section 169A.275, is 115.20 amended to read: 115.21 169A.275 [MANDATORY PENALTIES; NONFELONY VIOLATIONS.] 115.22 Subdivision 1. [SECOND OFFENSE.] (a) The court shall 115.23 sentence a person who is convicted of a violation of section 115.24 169A.20 (driving while impaired) within ten years of a qualified 115.25 prior impaired driving incident to either: 115.26 (1) a minimum of 30 days of incarceration, at least 48 115.27 hours of which must be served consecutively in a local 115.28 correctional facility; or 115.29 (2) eight hours of community work service for each day less 115.30 than 30 days that the person is ordered to serve in a local 115.31 correctional facility. 115.32 Notwithstanding section 609.135 (stay of imposition or execution 115.33 of sentence), the penalties in this paragraph must be executed, 115.34 unless the court departs from the mandatory minimum sentence 115.35 under paragraph (b) or (c). 115.36 (b) Prior to sentencing, the prosecutor may file a motion 116.1 to have a defendant described in paragraph (a) sentenced without 116.2 regard to the mandatory minimum sentence established by that 116.3 paragraph. The motion must be accompanied by a statement on the 116.4 record of the reasons for it. When presented with the 116.5 prosecutor's motion and if it finds that substantial mitigating 116.6 factors exist, the court shall sentence the defendant without 116.7 regard to the mandatory minimum sentence established by 116.8 paragraph (a). 116.9 (c) The court may, on its own motion, sentence a defendant 116.10 described in paragraph (a) without regard to the mandatory 116.11 minimum sentence established by that paragraph if it finds that 116.12 substantial mitigating factors exist and if its sentencing 116.13 departure is accompanied by a statement on the record of the 116.14 reasons for it. The court also may sentence the defendant 116.15 without regard to the mandatory minimum sentence established by 116.16 paragraph (a) if the defendant is sentenced to probation and 116.17 ordered to participate in a program established under section 116.18 169A.74 (pilot programs of intensive probation for repeat DWI 116.19 offenders). 116.20 (d) When any portion of the sentence required by paragraph 116.21 (a) is not executed, the court should impose a sentence that is 116.22 proportional to the extent of the offender's prior criminal and 116.23 moving traffic violation record. Any sentence required under 116.24 paragraph (a) must include a mandatory sentence that is not 116.25 subject to suspension or a stay of imposition or execution, and 116.26 that includes incarceration for not less than 48 consecutive 116.27 hours or at least 80 hours of community work service. 116.28 Subd. 2. [THIRD OFFENSE.] (a) The court shall sentence a 116.29 person who is convicted of a violation of section 169A.20 116.30 (driving while impaired) within ten years of the first of two 116.31 qualified prior impaired driving incidents to either: 116.32 (1) a minimum of 90 days of incarceration, at least 30 days 116.33 of which must be served consecutively in a local correctional 116.34 facility; or 116.35 (2) a program of intensive supervision of the type 116.36 described in section 169A.74 (pilot programs of intensive 117.1 probation for repeat DWI offenders) that requires the person to 117.2 consecutively serve at least six days in a local correctional 117.3 facility. 117.4 (b) The court may order that the person serve not more than 117.5 60 days of the minimum penalty under paragraph (a), clause (1), 117.6 on home detention or in an intensive probation program described 117.7 in section 169A.74. 117.8 (c) Notwithstanding section 609.135, the penalties in this 117.9 subdivision must be imposed and executed. 117.10 Subd. 3. [FOURTH OFFENSE.] (a) Unless the court commits 117.11 the person to the custody of the commissioner of corrections as 117.12 provided in section 169A.276 (mandatory penalties; felony 117.13 violations), the court shall sentence a person who is convicted 117.14 of a violation of section 169A.20 (driving while impaired) 117.15 within ten years of the first of three qualified prior impaired 117.16 driving incidents to either: 117.17 (1) a minimum of 180 days of incarceration, at least 30 117.18 days of which must be served consecutively in a local 117.19 correctional facility; or 117.20 (2) a program of intensive supervision of the type 117.21 described in section 169A.74 (pilot programs of intensive 117.22 probation for repeat DWI offenders) that requires the person to 117.23 consecutively serve at least six days in a local correctional 117.24 facility. 117.25 (b) The court may order that the person serve not more than 117.26 150 days of the minimum penalty under paragraph (a), clause (1), 117.27 on home detention or in an intensive probation program described 117.28 in section 169A.74. Notwithstanding section 609.135, the 117.29 penalties in this subdivision must be imposed and executed. 117.30 Subd. 4. [FIFTH OFFENSE OR MORE.] (a) Unless the court 117.31 commits the person to the custody of the commissioner of 117.32 corrections as provided in section 169A.276 (mandatory 117.33 penalties; felony violations), the court shall sentence a person 117.34 who is convicted of a violation of section 169A.20 (driving 117.35 while impaired) within ten years of the first of four or more 117.36 qualified prior impaired driving incidents to either: 118.1 (1) a minimum of one year of incarceration, at least 60 118.2 days of which must be served consecutively in a local 118.3 correctional facility; or 118.4 (2) a program of intensive supervision of the type 118.5 described in section 169A.74 (pilot programs of intensive 118.6 probation for repeat DWI offenders) that requires the person to 118.7 consecutively serve at least six days in a local correctional 118.8 facility. 118.9 (b) The court may order that the person serve the remainder 118.10 of the minimum penalty under paragraph (a), clause (1), on 118.11 intensive probation using an electronic monitoring system or, if 118.12 such a system is unavailable, on home detention. 118.13 Notwithstanding section 609.135, the penalties in this 118.14 subdivision must be imposed and executed. 118.15 Subd. 5. [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 118.16 ASSESSMENT.] Unless the court commits the person to the custody 118.17 of the commissioner of corrections as provided in section 118.18 169A.276 (mandatory penalties; felony violations), in addition 118.19 to other penalties required under this section, the court shall 118.20 order a person to submit to the level of care recommended in the 118.21 chemical use assessment conducted under section 169A.70 (alcohol 118.22 safety program; chemical use assessments) if the person is 118.23 convicted of violating section 169A.20 (driving while impaired) 118.24 while having an alcohol concentration of 0.20 or more as 118.25 measured at the time, or within two hours of the time, of the 118.26 offense or if the violation occurs within ten years of one or 118.27 more qualified prior impaired driving incidents. 118.28 Sec. 8. [169A.276] [MANDATORY PENALTIES; FELONY 118.29 VIOLATIONS.] 118.30 Subdivision 1. [MANDATORY PRISON SENTENCE.] (a) The court 118.31 shall sentence a person who is convicted of a violation of 118.32 section 169A.20 (driving while impaired) under the circumstances 118.33 described in section 169A.24 (first-degree driving while 118.34 impaired) to imprisonment for not less than three years. In 118.35 addition, the court may order the person to pay a fine of not 118.36 more than $14,000. 119.1 (b) The court may stay execution of this mandatory sentence 119.2 as provided in subdivision 2 (stay of mandatory sentence), but 119.3 may not stay imposition or adjudication of the sentence or 119.4 impose a sentence that has a duration of less than three years. 119.5 (c) An offender committed to the custody of the 119.6 commissioner of corrections under this subdivision, is not 119.7 eligible for release as provided in section 241.26, 244.065, 119.8 244.12, or 244.17, unless the offender has successfully 119.9 completed a chemical dependency treatment program while in 119.10 prison. 119.11 (d) Notwithstanding the statutory maximum sentence provided 119.12 in section 169A.24 (first-degree driving while impaired), when 119.13 the court commits a person to the custody of the commissioner of 119.14 corrections under this subdivision, it shall provide that after 119.15 the person has been released from prison the commissioner shall 119.16 place the person on conditional release for five years. The 119.17 commissioner shall impose any conditions of release that the 119.18 commissioner deems appropriate including, but not limited to, 119.19 successful completion of an intensive probation program as 119.20 described in section 169A.74 (pilot programs of intensive 119.21 probation for repeat DWI offenders). If the person fails to 119.22 comply with any condition of release, the commissioner may 119.23 revoke the person's conditional release and order the person to 119.24 serve all or part of the remaining portion of the conditional 119.25 release term in prison. The commissioner may not dismiss the 119.26 person from supervision before the conditional release term 119.27 expires. Except as otherwise provided in this section, 119.28 conditional release is governed by provisions relating to 119.29 supervised release. The failure of a court to direct the 119.30 commissioner of corrections to place the person on conditional 119.31 release, as required in this paragraph, does not affect the 119.32 applicability of the conditional release provisions to the 119.33 person. 119.34 (e) The commissioner shall require persons placed on 119.35 supervised or conditional release under this subdivision to pay 119.36 as much of the costs of the supervision as possible. The 120.1 commissioner shall develop appropriate standards for this. 120.2 Subd. 2. [STAY OF MANDATORY SENTENCE.] The provisions of 120.3 sections 169A.275 (mandatory penalties; nonfelony violations), 120.4 subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of 120.5 execution of sentence), apply if the court stays execution of 120.6 the sentence under subdivision 1 (mandatory prison sentence). 120.7 In addition, the provisions of section 169A.277 (long-term 120.8 monitoring) may apply. 120.9 Subd. 3. [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 120.10 The court may not stay the execution of the driver's license 120.11 revocation provisions of section 169A.54 (impaired driving 120.12 convictions and adjudications; administrative penalties). 120.13 Sec. 9. Minnesota Statutes 2000, section 169A.283, 120.14 subdivision 1, is amended to read: 120.15 Subdivision 1. [STAY AUTHORIZED.] Except as otherwise 120.16 provided in sectionsections 169A.275 (mandatory penalties; 120.17 nonfelony violations) and 169A.276 (mandatory penalties; felony 120.18 violations), when a court sentences a person convicted of a 120.19 violation of section 169A.20 (driving while impaired), the court 120.20 may stay execution of the criminal sentence described in section 120.21 169A.25169A.24 (first-degree driving while impaired), 169A.26120.22 169A.25 (second-degree driving while impaired), or 169A.27120.23 169A.26 (third-degree driving while impaired), or 169A.27 120.24 (fourth-degree driving while impaired) on the condition that the 120.25 convicted person submit to the level of care recommended in the 120.26 chemical use assessment report required under section 169A.70 120.27 (alcohol safety programs; chemical use assessments). If the 120.28 court does not order a level of care in accordance with the 120.29 assessment report recommendation as a condition of a stay of 120.30 execution, it shall state on the record its reasons for not 120.31 following the assessment report recommendation. 120.32 Sec. 10. Minnesota Statutes 2000, section 169A.40, 120.33 subdivision 3, is amended to read: 120.34 Subd. 3. [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 120.35 CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 120.36 Criminal Procedure, a peace officer acting without a warrant who 121.1 has decided to proceed with the prosecution of a person for 121.2 violating section 169A.20 (driving while impaired), shall arrest 121.3 and take the person into custody if the officer has reason to 121.4 believe the violation occurred under the circumstances described 121.5 in section 169A.24 (first-degree driving while impaired) or 121.6 169A.25 ( first-degreesecond-degree driving while impaired). 121.7 The person shall be detained until the person's first court 121.8 appearance. 121.9 Sec. 11. Minnesota Statutes 2000, section 169A.63, 121.10 subdivision 1, is amended to read: 121.11 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 121.12 the following terms have the meanings given them. 121.13 (b) "Appropriate agency" means a law enforcement agency 121.14 that has the authority to make an arrest for a violation of a 121.15 designated offense or to require a test under section 169A.51 121.16 (chemical tests for intoxication). 121.17 (c) "Designated license revocation" includes a license 121.18 revocation under section 169A.52 (license revocation for test 121.19 failure or refusal) or a license disqualification under section 121.20 171.165 (commercial driver's license disqualification) resulting 121.21 from a violation of section 169A.52; within ten years of the 121.22 first of two or more qualified prior impaired driving incidents. 121.23 (d) "Designated offense" includes: 121.24 (1) a violation of section 169A.20 (driving while impaired) 121.25 under the circumstances described in section 169A.24 121.26 (first-degree driving while impaired) or 169A.25 ( first-degree121.27 second-degree driving while impaired); or 121.28 (2) a violation of section 169A.20 or an ordinance in 121.29 conformity with it: 121.30 (i) by a person whose driver's license or driving 121.31 privileges have been canceled as inimical to public safety under 121.32 section 171.04, subdivision 1, clause (10); or 121.33 (ii) by a person who is subject to a restriction on the 121.34 person's driver's license under section 171.09 (commissioner's 121.35 license restrictions), which provides that the person may not 121.36 use or consume any amount of alcohol or a controlled substance. 122.1 (e) "Motor vehicle" and "vehicle" do not include a vehicle 122.2 which is stolen or taken in violation of the law. 122.3 (f) "Owner" means the registered owner of the motor vehicle 122.4 according to records of the department of public safety and 122.5 includes a lessee of a motor vehicle if the lease agreement has 122.6 a term of 180 days or more. 122.7 (g) "Prosecuting authority" means the attorney in the 122.8 jurisdiction in which the designated offense occurred who is 122.9 responsible for prosecuting violations of a designated offense. 122.10 Sec. 12. Minnesota Statutes 2000, section 171.29, 122.11 subdivision 2, is amended to read: 122.12 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 122.13 license has been revoked as provided in subdivision 1, except 122.14 under section 169A.52 or 169A.54, shall pay a $30 fee before the 122.15 driver's license is reinstated. 122.16 (b) A person whose driver's license has been revoked as 122.17 provided in subdivision 1 under section 169A.52 or 169A.54 shall 122.18 pay a $250 fee plus a $40 surcharge before the driver's license 122.19 is reinstated. Beginning July 1, 2002, the surcharge is $145. 122.20 Beginning July 1, 2003, the surcharge is $380. The $250 fee is 122.21 to be credited as follows: 122.22 (1) Twenty percent must be credited to the trunk highway 122.23 fund. 122.24 (2) Fifty-five percent must be credited to the general fund. 122.25 (3) Eight percent must be credited to a separate account to 122.26 be known as the bureau of criminal apprehension account. Money 122.27 in this account may be appropriated to the commissioner of 122.28 public safety and the appropriated amount must be apportioned 80 122.29 percent for laboratory costs and 20 percent for carrying out the 122.30 provisions of section 299C.065. 122.31 (4) Twelve percent must be credited to a separate account 122.32 to be known as the alcohol-impaired driver education account. 122.33 Money in the account is appropriated as follows: 122.34 (i) the first $200,000 in a fiscal year to the commissioner 122.35 of children, families, and learning for programs for elementary 122.36 and secondary school students; and 123.1 (ii) the remainder credited in a fiscal year to the 123.2 commissioner of transportation to be spent as grants to the 123.3 Minnesota highway safety center at St. Cloud State University 123.4 for programs relating to alcohol and highway safety education in 123.5 elementary and secondary schools. 123.6 (5) Five percent must be credited to a separate account to 123.7 be known as the traumatic brain injury and spinal cord injury 123.8 account. The money in the account is annually appropriated to 123.9 the commissioner of health to be used as follows: 35 percent 123.10 for a contract with a qualified community-based organization to 123.11 provide information, resources, and support to assist persons 123.12 with traumatic brain injury and their families to access 123.13 services, and 65 percent to maintain the traumatic brain injury 123.14 and spinal cord injury registry created in section 144.662. For 123.15 the purposes of this clause, a "qualified community-based 123.16 organization" is a private, not-for-profit organization of 123.17 consumers of traumatic brain injury services and their family 123.18 members. The organization must be registered with the United 123.19 States Internal Revenue Service under section 501(c)(3) as a 123.20 tax-exempt organization and must have as its purposes: 123.21 (i) the promotion of public, family, survivor, and 123.22 professional awareness of the incidence and consequences of 123.23 traumatic brain injury; 123.24 (ii) the provision of a network of support for persons with 123.25 traumatic brain injury, their families, and friends; 123.26 (iii) the development and support of programs and services 123.27 to prevent traumatic brain injury; 123.28 (iv) the establishment of education programs for persons 123.29 with traumatic brain injury; and 123.30 (v) the empowerment of persons with traumatic brain injury 123.31 through participation in its governance. 123.32 No patient's name, identifying information or identifiable 123.33 medical data will be disclosed to the organization without the 123.34 informed voluntary written consent of the patient or patient's 123.35 guardian, or if the patient is a minor, of the parent or 123.36 guardian of the patient. 124.1 (c) The $40surcharge must be credited to a separate 124.2 account to be known as the remote electronic alcohol monitoring 124.3 program account. The commissioner shall transfer the balance of 124.4 this account to the commissioner of finance on a monthly basis 124.5 for deposit in the general fund. 124.6 (d) When these fees are collected by a licensing agent, 124.7 appointed under section 171.061, a handling charge is imposed in 124.8 the amount specified under section 171.061, subdivision 4. The 124.9 reinstatement fees and surcharge must be deposited in an 124.10 approved state depository as directed under section 171.061, 124.11 subdivision 4. 124.12 Sec. 13. [SUPERVISION LEVEL.] 124.13 Nothing in this act requires a different level of 124.14 supervision for offenders than is currently required by law. 124.15 Sec. 14. [STUDY.] 124.16 By January 15, 2004, and each year thereafter through 124.17 January 15, 2007, the commissioner of corrections must report to 124.18 the chairs and ranking minority members of the house and senate 124.19 committees having jurisdiction over criminal justice and 124.20 judiciary finance issues on the implementation and effects of 124.21 the felony level driving while impaired offense. The report 124.22 must include the following information on felony level driving 124.23 while impaired offenses: 124.24 (1) the number of persons convicted; 124.25 (2) the number of trials taken to verdict, separating out 124.26 cases tried to a judge versus cases tried to a jury, and the 124.27 number of convictions for each; 124.28 (3) the number of offenders incarcerated locally and the 124.29 term of incarceration; 124.30 (4) the number placed on probation and the length of the 124.31 probation; 124.32 (5) the number for whom probation is revoked, the reasons 124.33 for revocation, and the consequences imposed; 124.34 (6) the number given an executed prison sentence upon 124.35 conviction and the length of the sentence; 124.36 (7) the number given an executed prison sentence upon 125.1 revocation of probation and the length of sentence; 125.2 (8) the number who successfully complete treatment in 125.3 prison; 125.4 (9) the number placed on intensive supervision following 125.5 release from incarceration; 125.6 (10) the number who violate supervised release and the 125.7 consequences imposed; and 125.8 (11) any other information the commissioner deems relevant 125.9 to estimating future costs. 125.10 Sec. 15. [FELONY DRIVING WHILE IMPAIRED APPROPRIATIONS.] 125.11 Subdivision 1. [TOTAL APPROPRIATION.] $......... is 125.12 appropriated from the general fund to the agencies and for the 125.13 purposes specified in this article, to be available for the 125.14 fiscal year ending June 30, 2003. The amounts that may be spent 125.15 from this appropriation for each program are specified in the 125.16 following subdivisions. 125.17 Subd. 2. [CORRECTIONS.] (a) $......... is appropriated to 125.18 the department of corrections. The amounts that may be spent 125.19 from this appropriation for each program are specified in the 125.20 following paragraphs. 125.21 (b) $......... is appropriated to correctional institutions 125.22 for increased costs due to the bed impact of the felony-level 125.23 driving while impaired penalty. 125.24 (c) $....... is appropriated to community services for 125.25 increased community supervision costs due to the felony-level 125.26 driving while impaired penalty. 125.27 Subd. 3. [PUBLIC SAFETY.] $...... is appropriated to the 125.28 bureau of criminal apprehension for increased costs associated 125.29 with providing trial support due to the felony-level driving 125.30 while impaired penalty. 125.31 Subd. 4. [DISTRICT COURTS.] $...... is appropriated to the 125.32 district courts. Of this amount, $....... is for hiring retired 125.33 judges to help with increased caseload demand due to the 125.34 felony-level driving while impaired penalty, and $...... is for 125.35 increased jury costs due to the felony-level driving while 125.36 impaired penalty. 126.1 Subd. 5. [COURT OF APPEALS.] $...... is appropriated to 126.2 the court of appeals for costs associated with increased appeals 126.3 due to the felony-level driving while impaired penalty. 126.4 Subd. 6. [BOARD OF PUBLIC DEFENSE.] $....... is 126.5 appropriated to the board of public defense for costs associated 126.6 with increased trials and appeals due to the felony-level 126.7 driving while impaired penalty. 126.8 Sec. 16. [EFFECTIVE DATE.] 126.9 Sections 1 to 11, 13, and 14 are effective August 1, 2002, 126.10 and apply to crimes committed on or after that date. However, 126.11 violations occurring before August 1, 2002, that are listed in 126.12 Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are 126.13 considered qualified prior impaired driving incidents for 126.14 purposes of this act. Section 12 is effective July 1, 2001. 126.15 ARTICLE 9 126.16 MISCELLANEOUS DWI PROVISIONS 126.17 Section 1. Minnesota Statutes 2000, section 169A.277, 126.18 subdivision 2, is amended to read: 126.19 Subd. 2. [MONITORING REQUIRED.] When the court sentences a 126.20 person described in subdivision 1 to a stayed sentence and when 126.21 electronic monitoring equipment is available to the court, the 126.22 court shall require that the person participate in a program of 126.23 electronic alcohol monitoring in addition to any other 126.24 conditions of probation or jail time it imposes. During the126.25 first one-third of the person's probationary term, the126.26 electronic alcohol monitoring must be continuous and involve126.27 measurements of the person's alcohol concentration at least126.28 three times a day. During the remainder of the person's126.29 probationary term, the electronic alcohol monitoring may be126.30 intermittent, as determined by the court.The court must order 126.31 the monitoring for a minimum of 30 consecutive days during each 126.32 year of the person's probationary period. 126.33 Sec. 2. Minnesota Statutes 2000, section 169A.28, 126.34 subdivision 2, is amended to read: 126.35 Subd. 2. [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 126.36 OFFENSES.] (a) When a person is being sentenced for a violation 127.1 of a provision listed in paragraph (e), the court may sentence 127.2 the person to a consecutive term of imprisonment for a violation 127.3 of any other provision listed in paragraph (e), notwithstanding 127.4 the fact that the offenses arose out of the same course of 127.5 conduct, subject to the limitation on consecutive sentences 127.6 contained in section 609.15, subdivision 2, and except as 127.7 provided in paragraphs (b) and (c). 127.8 (b) When a person is being sentenced for a violation of 127.9 section 171.09 (violation of condition of restricted license), 127.10 171.20 (operation after revocation, suspension, cancellation, or 127.11 disqualification), 171.24 (driving without valid license), or 127.12 171.30 (violation of condition of limited license), the court 127.13 may not impose a consecutive sentence for another violation of a 127.14 provision in chapter 171 (drivers' licenses and training 127.15 schools). 127.16 (c) When a person is being sentenced for a violation of 127.17 section 169.791 (failure to provide proof of insurance) or 127.18 169.797 (failure to provide vehicle insurance), the court may 127.19 not impose a consecutive sentence for another violation of a 127.20 provision of sections 169.79 to 169.7995. 127.21 (d) This subdivision does not limit the authority of the 127.22 court to impose consecutive sentences for crimes arising on 127.23 different dates or to impose a consecutive sentence when a 127.24 person is being sentenced for a crime and is also in violation 127.25 of the conditions of a stayed or otherwise deferred sentence 127.26 under section 609.135 (stay of imposition or execution of 127.27 sentence). 127.28 (e) This subdivision applies to misdemeanor and gross 127.29 misdemeanor violations of the following if the offender has two 127.30 or more prior impaired driving convictions within the past ten 127.31 years: 127.32 (1) section 169A.20, subdivision 1 (driving while impaired; 127.33 impaired driving offenses); 127.34 (2) section 169A.20, subdivision 2 (driving while impaired; 127.35 test refusal offense); 127.36 (3) section 169.791; 128.1 (3)(4) section 169.797; 128.2 (4)(5) section 171.09 (violation of condition of 128.3 restricted license); 128.4 (6) section 171.20, subdivision 2 (operation after 128.5 revocation, suspension, cancellation, or disqualification); 128.6 (5)(7) section 171.24; and 128.7 (6)(8) section 171.30. 128.8 Sec. 3. Minnesota Statutes 2000, section 169A.35, 128.9 subdivision 1, is amended to read: 128.10 Subdivision 1. [DEFINITIONS.] As used in this section: 128.11 (1) "alcoholic beverage" has the meaning given it in 128.12 section 340A.101, subdivision 2; 128.13 (2) "distilled spirits" has the meaning given it in section 128.14 340A.101, subdivision 9; 128.15 (3) "motor vehicle" does not include motorboats in 128.16 operation or off-road recreational vehicles; and128.17 (2)(4) "possession" means either that the person had 128.18 actual possession of the bottle or receptacle or that the person 128.19 consciously exercised dominion and control over the bottle or 128.20 receptacle; and 128.21 (5) "3.2 percent malt liquor" has the meaning given it in 128.22 section 340A.101, subdivision 19. 128.23 Sec. 4. Minnesota Statutes 2000, section 169A.35, is 128.24 amended by adding a subdivision to read: 128.25 Subd. 1a. [ALCOHOLIC BEVERAGE, DISTILLED SPIRIT, 3.2 MALT 128.26 LIQUOR; DETERMINATION.] For purposes of this section only, when 128.27 determining whether a beverage is an alcoholic beverage, a 128.28 distilled spirit, or 3.2 percent malt liquor: 128.29 (1) "alcohol by volume" means milliliters of alcohol per 128.30 100 milliliters of beverage; and 128.31 (2) "alcohol by weight" means grams of alcohol per 100 128.32 grams of beverage. 128.33 Sec. 5. Minnesota Statutes 2000, section 169A.37, 128.34 subdivision 1, is amended to read: 128.35 Subdivision 1. [CRIME DESCRIBED.] It is a crime for a 128.36 person to: 129.1 (1) to fail to comply with an impoundment order under 129.2 section 169A.60 (administrative plate impoundment); 129.3 (2) to file a false statement under section 169A.60, 129.4 subdivision 7 or, 8, or 14; 129.5 (3) to operate a self-propelled motor vehicle on a street 129.6 or highway when the vehicle is subject to an impoundment order 129.7 issued under section 169A.60, unless specially coded plates have 129.8 been issued for the vehicle pursuant to section 169A.60, 129.9 subdivision 13; or129.10 (4) to fail to notify the commissioner of the impoundment 129.11 order when requesting new plates .; 129.12 (5) who is subject to a plate impoundment order under 129.13 section 169A.60, to drive, operate, or be in control of any 129.14 motor vehicle during the impoundment period, unless the vehicle 129.15 has specially coded plates issued pursuant to section 169A.60, 129.16 subdivision 13, and the person is validly licensed to drive; or 129.17 (6) who is the transferee of a motor vehicle and who has 129.18 signed a sworn statement under section 169A.60, subdivision 14, 129.19 to allow the previously registered owner to drive, operate, or 129.20 be in control of the vehicle during the impoundment period. 129.21 Sec. 6. Minnesota Statutes 2000, section 169A.41, 129.22 subdivision 2, is amended to read: 129.23 Subd. 2. [USE OF TEST RESULTS.] The results of this 129.24 preliminary screening test must be used for the purpose of 129.25 deciding whether an arrest should be made and whether to require 129.26 the tests authorized in section 169A.51 (chemical tests for 129.27 intoxication), but must not be used in any court action except 129.28 the following: 129.29 (1) to prove that a test was properly required of a person 129.30 pursuant to section 169A.51, subdivision 1; 129.31 (2) in a civil action arising out of the operation or use 129.32 of the motor vehicle; 129.33 (3) in an action for license reinstatement under section 129.34 171.19; 129.35 (4) in a prosecution for a violation of section 169A.20, 129.36 subdivision 2 (driving while impaired; test refusal); 130.1 (5) in a prosecution or juvenile court proceeding 130.2 concerning a violation of section 169A.33 (underage drinking and 130.3 driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 130.4 (underage alcohol consumption); 130.5 (5)(6) in a prosecution under section 169A.31, 130.6 (alcohol-related school or Head Start bus driving); or 171.30 130.7 (limited license); or 130.8 (6)(7) in a prosecution for a violation of a restriction 130.9 on a driver's license under section 171.09, which provides that 130.10 the license holder may not use or consume any amount of alcohol 130.11 or a controlled substance. 130.12 Sec. 7. Minnesota Statutes 2000, section 169A.54, 130.13 subdivision 6, is amended to read: 130.14 Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 130.15 Except for a person whose license has been revoked under130.16 subdivision 2, and except for a person convicted of a violation130.17 of section 169A.20 (driving while impaired) while having a child130.18 under the age of 16 in the vehicle if the child is more than 36130.19 months younger than the offender,(a) Any person whose license 130.20 has been revoked pursuant to section 169A.52 (license revocation 130.21 for test failure or refusal) as the result of the same incident, 130.22 and who does not have a qualified prior impaired driving 130.23 incident, is subject to the mandatory revocation provisions of 130.24 subdivision 1, clause (1) or (2), in lieu of the mandatory 130.25 revocation provisions of section 169A.52. 130.26 (b) Paragraph (a) does not apply to: 130.27 (1) a person whose license has been revoked under 130.28 subdivision 2 (driving while impaired by person under age 21); 130.29 (2) a person charged with violating section 169A.20 130.30 (driving while impaired) with the aggravating factor of having 130.31 an alcohol concentration of 0.20 or more as measured at the 130.32 time, or within two hours of the time, of the offense, and the 130.33 person is convicted of that offense or any other offense 130.34 described in section 169A.20 arising out of the same set of 130.35 circumstances; or 130.36 (3) a person charged with violating section 169A.20 131.1 (driving while impaired) with the aggravating factor of having a 131.2 child under the age of 16 in the vehicle and the child is more 131.3 than 36 months younger than the offender, and the person is 131.4 convicted of that offense or any other offense described in 131.5 section 169A.20 arising out of the same set of circumstances. 131.6 Sec. 8. Minnesota Statutes 2000, section 169A.60, 131.7 subdivision 1, is amended to read: 131.8 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 131.9 the following terms have the meanings given in this subdivision. 131.10 (b) "Motor vehicle" means a self-propelled motor vehicle 131.11 other than a motorboat in operation or aan off-road 131.12 recreational vehicle. 131.13 (c) "Plate impoundment violation" includes: 131.14 (1) a violation of section 169A.20 (driving while impaired) 131.15 or 169A.52 (license revocation for test failure or refusal), or 131.16 a conforming ordinance from this state or a conforming statute 131.17 or ordinance from another state, that results in the revocation 131.18 of a person's driver's license or driving privileges, within ten 131.19 years of a qualified prior impaired driving incident; 131.20 (2) a license disqualification under section 171.165 131.21 (commercial driver's license disqualification) resulting from a 131.22 violation of section 169A.52 within ten years of a qualified 131.23 prior impaired driving incident; 131.24 (3) a violation of section 169A.20 or 169A.52 while having 131.25 an alcohol concentration of 0.20 or more as measured at the 131.26 time, or within two hours of the time, of the offense; 131.27 (4) a violation of section 169A.20 or 169A.52 while having 131.28 a child under the age of 16 in the vehicle if the child is more 131.29 than 36 months younger than the offender; and 131.30 (5) a violation of section 171.24 (driving without valid 131.31 license) by a person whose driver's license or driving 131.32 privileges have been canceled under section 171.04, subdivision 131.33 1, clause (10) (persons not eligible for driver's license, 131.34 inimical to public safety). 131.35 (d) "Significant relationship" has the same meaning as 131.36 given in section 609.341, subdivision 15, and includes any 132.1 person with whom the actor regularly associates and communicates 132.2 outside of a workplace setting. 132.3 (e) "Violator" means a person who was driving, operating, 132.4 or in physical control of the motor vehicle when the plate 132.5 impoundment violation occurred. 132.6 Sec. 9. Minnesota Statutes 2000, section 169A.60, 132.7 subdivision 13, is amended to read: 132.8 Subd. 13. [SPECIAL REGISTRATION PLATES.] (a) At any time 132.9 during the effective period of an impoundment order, a violator 132.10 or registered owner may apply to the commissioner for new 132.11 registration plates, which must bear a special series of numbers 132.12 or letters so as to be readily identified by traffic law 132.13 enforcement officers. The commissioner may authorize the 132.14 issuance of special plates if: 132.15 (1) the violator has a qualified licensed driver whom the 132.16 violator must identify; 132.17 (2) the violator or registered owner has a limited license 132.18 issued under section 171.30; 132.19 (3) the registered owner is not the violator and the 132.20 registered owner has a valid or limited driver's license; or132.21 (4) a member of the registered owner's household has a 132.22 valid driver's license; or 132.23 (5) the violator has been reissued a valid driver's license. 132.24 (b) The commissioner may not issue new registration plates 132.25 for that vehicle subject to plate impoundment for a period of at 132.26 least one year from the date of the impoundment order and until 132.27 the next regularly scheduled registration date following the 132.28 impoundment period. In addition, if the owner is the violator, 132.29 new registration plates may not be issued for the vehicle unless 132.30 the person has been reissued a valid driver's license in 132.31 accordance with chapter 171. 132.32 (c) A violator may not apply for new registration plates 132.33 for a vehicle at any time before the person's driver's license 132.34 is reinstated. 132.35 (d) The commissioner may issue the special plates on 132.36 payment of a $50 fee for each vehicle for which special plates 133.1 are requested. 133.2 (e) Paragraphs (a) to (d) notwithstanding, the commissioner 133.3 must issue upon request new registration plates for a vehicle 133.4 for which the registration plates have been impounded if: 133.5 (1) the impoundment order is rescinded; 133.6 (2) the vehicle is transferred in compliance with 133.7 subdivision 14; or 133.8 (3) the vehicle is transferred to a Minnesota automobile 133.9 dealer licensed under section 168.27, a financial institution 133.10 that has submitted a repossession affidavit, or a government 133.11 agency. 133.12 Sec. 10. Minnesota Statutes 2000, section 169A.60, 133.13 subdivision 14, is amended to read: 133.14 Subd. 14. [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 133.15 (a) A registered owner may not sell or transfer a motor vehicle 133.16 during the time its registration plates have been ordered 133.17 impounded or during the time its registration plates bear a 133.18 special series number, unless: 133.19 (1) the sale is for a valid consideration; 133.20 (2) the transferee doesand the registered owner: 133.21 (i) are not, and have not been, related by blood, adoption, 133.22 or marriage; 133.23 (ii) do not reside in the same household as the registered133.24 owner; and 133.25 (iii) do not have, and have not had at any time, a 133.26 significant relationship with one another; 133.27 (3) the transferee signs an acceptable sworn statement with 133.28 the commissioner attesting that: 133.29 (i) the transferee and the violator do not have, and have 133.30 not had at any time, a significant relationship with one 133.31 another; 133.32 (ii) the transferee understands that the vehicle is subject 133.33 to an impoundment order; and 133.34 (iii) it is a crime under section 169A.37 to file a false 133.35 statement under this section or to allow the previously 133.36 registered owner to drive, operate, or be in control of the 134.1 vehicle during the impoundment period; and 134.2 (4) all elements of section 168A.10 (transfer of interest 134.3 by owner) are satisfied. 134.4 (b) If the conditions of paragraph (a) are satisfied, the 134.5 registrar may thentransfer the title to the new owner upon 134.6 proper application and issue new registration plates for the 134.7 vehicle. 134.8 Sec. 11. Minnesota Statutes 2000, section 169A.63, 134.9 subdivision 1, is amended to read: 134.10 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 134.11 the following terms have the meanings given them. 134.12 (b) "Appropriate agency" means a law enforcement agency 134.13 that has the authority to make an arrest for a violation of a 134.14 designated offense or to require a test under section 169A.51 134.15 (chemical tests for intoxication). 134.16 (c) "Designated license revocation" includes a license 134.17 revocation under section 169A.52 (license revocation for test 134.18 failure or refusal) or a license disqualification under section 134.19 171.165 (commercial driver's license disqualification) resulting 134.20 from a violation of section 169A.52; within ten years of the 134.21 first of two or more qualified prior impaired driving incidents. 134.22 (d) "Designated offense" includes: 134.23 (1) a violation of section 169A.20 (driving while impaired) 134.24 under the circumstances described in section 169A.25 134.25 (first-degree driving while impaired); or 134.26 (2) a violation of section 169A.20 or an ordinance in 134.27 conformity with it: 134.28 (i) by a person whose driver's license or driving 134.29 privileges have been canceled as inimical to public safety under 134.30 section 171.04, subdivision 1, clause (10); or 134.31 (ii) by a person who is subject to a restriction on the 134.32 person's driver's license under section 171.09 (commissioner's 134.33 license restrictions), which provides that the person may not 134.34 use or consume any amount of alcohol or a controlled substance. 134.35 (e) "Motor vehicle" and "vehicle" do not include a vehicle 134.36 which is stolen or taken in violation of the law. 135.1 (f) "Owner" means the registered owner of the motor vehicle 135.2 according to records of the department of public safety and 135.3 includes a lessee of a motor vehicle if the lease agreement has 135.4 a term of 180 days or more. 135.5 (g) "Prosecuting authority" means the attorney in the 135.6 jurisdiction in which the designated offense occurred who is 135.7 responsible for prosecuting violations of a designated 135.8 offense or a designee. If a state agency initiated the 135.9 forfeiture, and the attorney responsible for prosecuting the 135.10 designated offense declines to pursue forfeiture, the attorney 135.11 general's office or its designee may initiate forfeiture under 135.12 this section. 135.13 Sec. 12. Minnesota Statutes 2000, section 171.09, is 135.14 amended to read: 135.15 171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS; VIOLATIONS.] 135.16 (a) The commissioner shall have the authority, when good 135.17 cause appears, to impose restrictions suitable to the licensee's 135.18 driving ability or such other restrictions applicable to the 135.19 licensee as the commissioner may determine to be appropriate to 135.20 assure the safe operation of a motor vehicle by the licensee. 135.21 The commissioner may, upon receiving satisfactory evidence of 135.22 any violation of the restrictions of the license, suspend or 135.23 revoke the license. A license suspension under this section is 135.24 subject to section 171.18, subdivisions 2 and 3. 135.25 (b) It is unlawful for any person to operateA person who 135.26 drives, operates, or is in physical control of a motor 135.27 vehicle in any mannerwhile in violation of the restrictions 135.28 imposed in a restricted driver's license issued to that person 135.29 under paragraph (a) is guilty of a crime as follows: 135.30 (1) if the restriction relates to the possession or 135.31 consumption of alcohol or controlled substances, the person is 135.32 guilty of a gross misdemeanor; or 135.33 (2) if the restriction relates to another matter, the 135.34 person is guilty of a misdemeanor. 135.35 Sec. 13. Minnesota Statutes 2000, section 171.29, 135.36 subdivision 2, is amended to read: 136.1 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 136.2 license has been revoked as provided in subdivision 1, except 136.3 under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 136.4 fee before the driver's license is reinstated. 136.5 (b) A person whose driver's license has been revoked as 136.6 provided in subdivision 1 under section 169A.52 or, 169A.54, or 136.7 609.21, shall pay a $250 fee plus a $40 surcharge before the 136.8 driver's license is reinstated. The $250 fee is to be credited 136.9 as follows: 136.10 (1) Twenty percent must be credited to the trunk highway 136.11 fund. 136.12 (2) Fifty-five percent must be credited to the general fund. 136.13 (3) Eight percent must be credited to a separate account to 136.14 be known as the bureau of criminal apprehension account. Money 136.15 in this account may be appropriated to the commissioner of 136.16 public safety and the appropriated amount must be apportioned 80 136.17 percent for laboratory costs and 20 percent for carrying out the 136.18 provisions of section 299C.065. 136.19 (4) Twelve percent must be credited to a separate account 136.20 to be known as the alcohol-impaired driver education account. 136.21 Money in the account is appropriated as follows: 136.22 (i) the first $200,000 in a fiscal year to the commissioner 136.23 of children, families, and learning for programs for elementary 136.24 and secondary school students; and 136.25 (ii) the remainder credited in a fiscal year to the 136.26 commissioner of transportation to be spent as grants to the 136.27 Minnesota highway safety center at St. Cloud State University 136.28 for programs relating to alcohol and highway safety education in 136.29 elementary and secondary schools. 136.30 (5) Five percent must be credited to a separate account to 136.31 be known as the traumatic brain injury and spinal cord injury 136.32 account. The money in the account is annually appropriated to 136.33 the commissioner of health to be used as follows: 35 percent 136.34 for a contract with a qualified community-based organization to 136.35 provide information, resources, and support to assist persons 136.36 with traumatic brain injury and their families to access 137.1 services, and 65 percent to maintain the traumatic brain injury 137.2 and spinal cord injury registry created in section 144.662. For 137.3 the purposes of this clause, a "qualified community-based 137.4 organization" is a private, not-for-profit organization of 137.5 consumers of traumatic brain injury services and their family 137.6 members. The organization must be registered with the United 137.7 States Internal Revenue Service under section 501(c)(3) as a 137.8 tax-exempt organization and must have as its purposes: 137.9 (i) the promotion of public, family, survivor, and 137.10 professional awareness of the incidence and consequences of 137.11 traumatic brain injury; 137.12 (ii) the provision of a network of support for persons with 137.13 traumatic brain injury, their families, and friends; 137.14 (iii) the development and support of programs and services 137.15 to prevent traumatic brain injury; 137.16 (iv) the establishment of education programs for persons 137.17 with traumatic brain injury; and 137.18 (v) the empowerment of persons with traumatic brain injury 137.19 through participation in its governance. 137.20 No patient's name, identifying information or identifiable 137.21 medical data will be disclosed to the organization without the 137.22 informed voluntary written consent of the patient or patient's 137.23 guardian, or if the patient is a minor, of the parent or 137.24 guardian of the patient. 137.25 (c) The $40 surcharge must be credited to a separate 137.26 account to be known as the remote electronic alcohol monitoring 137.27 program account. The commissioner shall transfer the balance of 137.28 this account to the commissioner of finance on a monthly basis 137.29 for deposit in the general fund. 137.30 (d) When these fees are collected by a licensing agent, 137.31 appointed under section 171.061, a handling charge is imposed in 137.32 the amount specified under section 171.061, subdivision 4. The 137.33 reinstatement fees and surcharge must be deposited in an 137.34 approved state depository as directed under section 171.061, 137.35 subdivision 4. 137.36 Sec. 14. Minnesota Statutes 2000, section 609.035, 138.1 subdivision 2, is amended to read: 138.2 Subd. 2. (a) When a person is being sentenced for a 138.3 violation of a provision listed in paragraph (e), the court may 138.4 sentence the person to a consecutive term of imprisonment for a 138.5 violation of any other provision listed in paragraph (e), 138.6 notwithstanding the fact that the offenses arose out of the same 138.7 course of conduct, subject to the limitation on consecutive 138.8 sentences contained in section 609.15, subdivision 2, and except 138.9 as provided in paragraphs (b), (c), and (f) of this subdivision. 138.10 (b) When a person is being sentenced for a violation of 138.11 section 171.09, 171.20, 171.24, or 171.30, the court may not 138.12 impose a consecutive sentence for another violation of a 138.13 provision in chapter 171. 138.14 (c) When a person is being sentenced for a violation of 138.15 section 169.791 or 169.797, the court may not impose a 138.16 consecutive sentence for another violation of a provision of 138.17 sections 169.79 to 169.7995. 138.18 (d) This subdivision does not limit the authority of the 138.19 court to impose consecutive sentences for crimes arising on 138.20 different dates or to impose a consecutive sentence when a 138.21 person is being sentenced for a crime and is also in violation 138.22 of the conditions of a stayed or otherwise deferred sentence 138.23 under section 609.135. 138.24 (e) This subdivision applies to misdemeanor and gross 138.25 misdemeanor violations of the following if the offender has two 138.26 or more prior impaired driving convictions as defined in section 138.27 169A.03 within the past ten years: 138.28 (1) section 169A.20, subdivision 1, driving while impaired; 138.29 (2) section 169A.20, subdivision 2, test refusal; 138.30 (3) section 169.791, failure to provide proof of insurance; 138.31 (3)(4) section 169.797, failure to provide vehicle 138.32 insurance; 138.33 (4)(5) section 171.09, violation of condition of 138.34 restricted license; 138.35 (6) section 171.20, subdivision 2, operation after 138.36 revocation, suspension, cancellation, or disqualification; 139.1 (5)(7) section 171.24, driving without valid license; and 139.2 (6)(8) section 171.30, violation of condition of limited 139.3 license. 139.4 (f) When a court is sentencing an offender for a violation 139.5 of section 169A.20 and a violation of an offense listed in 139.6 paragraph (e), and the offender has five or more qualified prior 139.7 impaired driving incidents, as defined in section 169A.03, 139.8 within the past ten years, the court shall sentence the offender 139.9 to serve consecutive sentences for the offenses, notwithstanding 139.10 the fact that the offenses arose out of the same course of 139.11 conduct. 139.12 Sec. 15. Minnesota Statutes 2000, section 626.52, is 139.13 amended by adding a subdivision to read: 139.14 Subd. 4. [IMMUNITY FROM LIABILITY.] Any person reporting 139.15 in good faith and exercising due care shall have immunity from 139.16 any liability, civil or criminal, that otherwise might result by 139.17 reason of the person's actions pursuant to this section or 139.18 section 626.53. No cause of action may be brought against any 139.19 person for not making a report pursuant to this section or 139.20 section 626.53. 139.21 Sec. 16. [REPEALER.] 139.22 Minnesota Statutes 2000, section 626.55, subdivision 2, is 139.23 repealed. 139.24 Sec. 17. [EFFECTIVE DATES.] 139.25 Provisions in this article that relate to crimes are 139.26 effective August 1, 2001, and apply to crimes or acts committed 139.27 on or after that date.