Office of the Revisor of Statutes
Minnesota Session Laws - 2001, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 8-S.F.No. 7
An act relating to appropriations; appropriating money
for the department of transportation and other
government agencies with certain conditions;
establishing, funding, or regulating certain
transportation, public safety, and criminal justice
prevention policies, programs, duties, activities, or
practices; modifying provisions relating to
transportation, public safety, criminal justice, the
judiciary, law enforcement, corrections, crime
victims, controlled substances, criMNet, racial
profiling, predatory offender registration, domestic
violence, driving while impaired, streets and
highways, design-build construction, motor vehicles,
traffic regulations, local governments, and state and
regional agencies and authorities; requiring studies
and reports; making technical, conforming, and
clarifying changes; imposing penalties; setting fines,
surcharges, and fees; amending Minnesota Statutes
2000, sections 2.722, subdivision 1; 2.724,
subdivision 3; 13.87, by adding a subdivision;
16A.641, subdivision 8; 16B.54, subdivision 2; 16C.05,
subdivision 2; 16C.06, subdivisions 1, 2; 117.51;
152.02, subdivision 2; 152.022, subdivision 1;
152.023, subdivision 2; 161.082, subdivision 2a;
161.14, by adding a subdivision; 161.23, subdivision
3; 161.32, subdivisions 1, 1a, 1b, 1e; 162.06,
subdivision 3; 162.12, subdivision 3; 167.51,
subdivision 2; 168.011, subdivision 7; 168.012,
subdivision 1; 168.013, subdivision 1d; 168.09,
subdivision 7; 168.12, subdivision 1; 168.1291,
subdivision 1; 168.27, subdivisions 12a, 20; 168.33,
subdivision 7; 168.381; 169.09, subdivisions 8, 9, 10;
169.18, subdivision 1, by adding a subdivision;
169.67, subdivision 3; 169.79; 169A.03, subdivision
12; 169A.07; 169A.20, subdivision 3; 169A.25; 169A.26;
169A.27; 169A.275; 169A.277, subdivision 2; 169A.28,
subdivision 2; 169A.283, subdivision 1; 169A.35,
subdivision 1, by adding a subdivision; 169A.37,
subdivision 1; 169A.40, subdivision 3; 169A.41,
subdivision 2; 169A.51, subdivision 7; 169A.54,
subdivision 6; 169A.60, subdivisions 1, 13, 14;
169A.63, subdivisions 1, 10; 171.07, subdivision 1;
171.09; 171.183, subdivision 1; 171.29, subdivision 2;
171.39; 174.24, subdivision 3b; 174.35; 174.55,
subdivisions 4, 5; 174.70, subdivisions 2, 3; 174.88,
subdivision 2; 222.63, subdivision 4; 237.04; 243.166,
subdivisions 1, 3, 4a, 6; 243.167, subdivision 1;
296A.18, subdivision 3; 297A.70, subdivision 2, as
amended; 297B.09, subdivision 1; 299A.01, subdivision
1b; 299A.41, subdivision 4; 299A.64, subdivision 1;
299A.75, subdivision 1, by adding subdivisions;
299C.10, subdivision 1; 299C.11; 299C.147, subdivision
2; 299C.65, subdivisions 1, 2; 299F.058, subdivision
2; 343.20, by adding subdivisions; 343.21,
subdivisions 9, 10, by adding a subdivision; 343.235,
subdivisions 1, 3; 347.50, subdivision 1, by adding a
subdivision; 347.51, subdivisions 2, 9, by adding a
subdivision; 347.52; 347.55; 357.021, subdivisions 6,
7; 446A.085; 466.03, by adding a subdivision; 473.13,
by adding a subdivision; 473.146, subdivision 4;
473.399, by adding a subdivision; 473.859, subdivision
2; 480.182; 518B.01, subdivisions 2, 3, 6, 14, 18;
609.02, by adding a subdivision; 609.035, subdivision
2; 609.117; 609.224, subdivisions 2, 4; 609.2242,
subdivisions 2, 4; 609.2244, subdivision 2; 609.487,
subdivision 4; 609.495, subdivisions 1, 3; 609.521;
609.748, subdivisions 6, 8; 609.749, subdivisions 4,
5; 611.272; 611A.201, subdivision 2; 611A.25,
subdivision 3; 611A.361, subdivision 3; 611A.74,
subdivision 1; 617.247, subdivision 3, as amended;
626.52, by adding a subdivision; 629.471, subdivision
2; 629.72; Laws 1996, chapter 408, article 2, section
16; Laws 1997, chapter 159, article 2, section 4; Laws
1999, chapter 238, article 1, section 2, subdivision
7; Laws 2000, chapter 479, article 1, section 3,
subdivision 3; Laws 2000, chapter 490, article 7,
section 3; Laws 2001, chapter 161, section 58;
proposing coding for new law in Minnesota Statutes,
chapters 161; 167; 168A; 169A; 174; 219; 299A; 299C;
347; 473; 518B; 609; 626; repealing Minnesota Statutes
2000, sections 174.22, subdivision 9; 243.166,
subdivision 10; 347.51, subdivision 6; 609.2244,
subdivision 4; 626.55, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
TRANSPORTATION AND OTHER AGENCIES
APPROPRIATIONS
Section 1. [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2001," "2002," and "2003," where used in this
article, mean that the appropriations listed under them are
available for the year ending June 30, 2002, or June 30, 2003,
respectively. If the figures are not used, the appropriations
are available for the year ending June 30, 2002, or June 30,
2003, respectively. The term "first year" means the year ending
June 30, 2002, and the term "second year" means the year ending
June 30, 2003.
SUMMARY BY FUND
2001 2002 2003 TOTAL
General $13,725,000 $ 98,398,000 $ 98,680,000 $210,803,000
Airports 20,807,000 20,548,000 41,355,000
C.S.A.H. 405,330,000 418,113,000 823,443,000
Highway
User 875,000 11,753,000 11,386,000 24,014,000
M.S.A.S. 106,469,000 109,827,000 216,296,000
Special Revenue 979,000 994,000 1,973,000
Trunk
Highway 445,000 1,130,974,000 1,140,591,000 2,272,010,000
TOTAL $15,045,000 $1,774,710,000 $1,800,139,000 $3,589,894,000
APPROPRIATIONS
Available for the Year
Ending June 30
2001 2002 2003
Sec. 2. TRANSPORTATION
Subdivision 1. Total
Appropriation $ 2,000,000 $1,592,195,000 $1,614,393,000
The appropriations in this section are
from the trunk highway fund, except
when another fund is named.
Summary by Fund
2001 2002 2003
General
2,000,000 18,507,000 18,533,000
Airports 20,757,000 20,498,000
C.S.A.H. 405,330,000 418,113,000
M.S.A.S. 106,469,000 109,827,000
Trunk Highway 1,041,132,000 1,047,422,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Aeronautics 20,748,000 20,489,000
Summary by Fund
Airports 20,687,000 20,428,000
General 50,000 50,000
Trunk Highway 11,000 11,000
Except as otherwise provided, the
appropriations in this subdivision are
from the state airports fund.
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Airport Development and Assistance
14,298,000 14,298,000
These appropriations must be spent
according to Minnesota Statutes,
section 360.305, subdivision 4.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
(b) Aviation Support
6,315,000 6,053,000
$65,000 the first year and $65,000 the
second year are for the civil air
patrol.
$600,000 each year is for GPS
navigation systems. Of this amount,
$250,000 each year adds to the agency's
budget base.
$400,000 the first year and $50,000 the
second year are for the development of
on-line aircraft registration
capabilities.
(c) Air Transportation Services
135,000 138,000
Summary by Fund
Airports 74,000 77,000
General 50,000 50,000
Trunk Highway 11,000 11,000
The commissioner shall take all
feasible actions to seek a waiver from
the appropriate federal authorities
that would allow the commissioner to
sell the airplane described in Laws
1997, chapter 159, article 1, section
2, subdivision 2, clause (c). Any
proceeds from the sale of the airplane
must be deposited in the general fund.
Subd. 3. Transit 18,339,000 18,360,000
Summary by Fund
General 17,999,000 18,012,000
Trunk Highway 340,000 348,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) Greater Minnesota Transit
Assistance
17,501,000 17,501,000
This appropriation is from the general
fund. Any unencumbered balance the
first year does not cancel but is
available for the second year.
(b) Transit Administration
838,000 859,000
Summary by Fund
General 498,000 511,000
Trunk Highway 340,000 348,000
Subd. 4. Railroads and
Waterways 2,000,000 1,758,000 1,804,000
Summary by Fund
General 2,000,000 273,000 280,000
Trunk Highway 1,485,000 1,524,000
$1,000,000 is appropriated in fiscal
year 2001 for the purposes defined
under the rail service improvement
program under Minnesota Statutes,
sections 222.46 to 222.63. This
appropriation is available until spent.
$1,000,000 is appropriated in fiscal
year 2001 for port development
assistance grants under Minnesota
Statutes, chapter 457A. Any
improvement made with the proceeds of
these grants must be owned by a public
body. This appropriation is available
until spent.
Subd. 5. Motor Carrier Regulation 4,024,000 4,123,000
Summary by Fund
General 122,000 126,000
Trunk Highway 3,902,000 3,997,000
$500,000 each year is for commercial
vehicle information systems. Of this
amount, $325,000 adds to the agency's
budget base.
Subd. 6. Local Roads 511,799,000 527,940,000
Summary by Fund
C.S.A.H. 405,330,000 418,113,000
M.S.A.S. 106,469,000 109,827,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) County State Aids
405,330,000 418,113,000
This appropriation is from the county
state-aid highway fund and is available
until spent.
(b) Municipal State Aids
106,469,000 109,827,000
This appropriation is from the
municipal state-aid street fund and is
available until spent.
If an appropriation for either county
state aids or municipal state aids does
not exhaust the balance in the fund
from which it is made in the year for
which it is made, the commissioner of
finance, upon request of the
commissioner of transportation, shall
notify the chair of the transportation
finance committee of the house of
representatives and the chair of the
transportation budget division of the
senate of the amount of the remainder
and shall then add that amount to the
appropriation. The amount added is
appropriated for the purposes of county
state aids or municipal state aids, as
appropriate.
(c) Study of Local Road
Program
(1) The commissioner shall conduct a
study of alternative methods of
establishing a local road improvement
program for distributing appropriations
made for local road improvements.
(2) In conducting the study, the
commissioner shall consider the
feasibility and desirability of:
(i) distributing money by formula among
counties and cities; and
(ii) distributing money to counties and
cities on a competitive-grant basis.
(3) In conducting the study, the
commissioner shall prepare and analyze
alternative methods of distributing
money that do not involve the existing
program framework of the county
state-aid highway system or municipal
state-aid street system, although
streets and highways on state-aid
systems may be included in any
alternative included in the study.
(4) As part of the study, the
commissioner shall consult with
representatives of local government,
city and county highway engineers, and
highway users. The commissioner shall
report the results of the study to the
governor and legislature by February
15, 2002.
Subd. 7. State Roads 975,975,000 988,878,000
Summary by Fund
General 9,000 9,000
Trunk Highway 975,966,000 988,869,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
564,707,000 564,707,000
It is estimated that these
appropriations will be funded as
follows:
Federal Highway Aid
275,000,000 300,000,000
Highway User Taxes
289,707,000 264,707,000
The commissioner of transportation
shall notify the chair of the
transportation budget division of the
senate and chair of the transportation
finance committee of the house of
representatives quarterly of any events
that should cause these estimates to
change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
landowners for lands acquired for
highway rights-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
The commissioner may transfer up to
$15,000,000 each year to the
transportation revolving loan fund.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts
are appropriated to the commissioner
for these projects.
$1,000,000 the first year and
$1,000,000 the second year are for
trunk highway advantages to bus transit
in conjunction with highway
construction or reconstruction projects
in the commissioner's statewide
transportation improvement program.
For purposes of this appropriation,
"advantages to transit" includes
shoulder bus lanes, bus park-and-ride
facilities, and bus passenger waiting
facilities, but does not include (1)
any facility relating to light rail
transit or commuter rail or (2) bus
facilities or operating costs in a
light rail transit or commuter rail
corridor.
$5,000,000 the first year and
$5,000,000 the second year are for
acquisition of right-of-way for trunk
highway construction and reconstruction
projects in advance of final design
work for those projects.
The commissioner may not spend any
money from the trunk highway fund to
pay the operating costs of bus service
intended solely or primarily to
mitigate the effects of trunk highway
construction projects.
Until July 1, 2002, the commissioner
may not cancel, or remove from the
commissioner's statewide transportation
improvement program, the trunk highway
project that would construct a new
bridge across the St. Croix river at or
near the terminus of marked trunk
highway No. 36.
(b) Highway Debt Service
19,235,000 24,228,000
$9,235,000 the first year and
$14,228,000 the second year are for
transfer to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on state government
finance of the senate and the committee
on ways and means of the house of
representatives of the amount of the
deficiency and shall then transfer that
amount under the statutory open
appropriation.
Any excess appropriation must be
canceled to the trunk highway fund.
(c) Research and Investment Management
12,187,000 12,211,000
$600,000 the first year and $600,000
the second year are available for
grants for transportation studies
outside the metropolitan area to
identify critical concerns, problems,
and issues. These grants are available
to (1) regional development
commissions, and (2) in regions where
no regional development commission is
functioning, joint powers boards
established under agreement of two or
more political subdivisions in the
region to exercise the planning
functions of a regional development
commission, and (3) in regions where no
regional development commission or
joint powers board is functioning, the
department's district office for that
region.
$266,000 the first year and $266,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area, including the
Mankato area.
$200,000 the first year is for an
update of the statewide transportation
plan. This is a onetime appropriation
and may not be added to the agency's
budget base.
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
$100,000 in the first year is for a
study of the feasibility and
desirability of allowing all vehicles
to use lanes on marked interstate
highways No. 394 and No. 35W presently
restricted to high-occupancy vehicles
only. The commissioner shall determine
a time during which such use shall be
allowed, and take all necessary steps
to permit such use for the period of
the study. The commissioner shall
contract with an independent consultant
to study the effects of opening the
lanes to all vehicles on traffic flow,
traffic congestion, transit and
high-occupancy vehicle use, and highway
safety on interstate highways No. 394
and No. 35W and other affected
highways. The commissioner shall
report to the legislature on the
results of the study by February 1,
2002. The commissioner shall take no
actions with respect to this study that
would result in a loss of federal funds
to the state or significant delay to a
state or local transportation project
financed partly with federal funds.
(d) Central Engineering Services
65,031,000 66,338,000
(e) Design and Construction Engineering
89,335,000 91,046,000
$500,000 the first year is for
planning, environmental studies, and
preliminary engineering for major river
crossings, other than rail, on the
trunk highway system.
(f) State Road Operations
219,863,000 224,602,000
$2,750,000 the first year and
$2,750,000 the second year are for
facilities' maintenance.
$2,000,000 the first year and
$2,000,000 the second year are for
improved highway striping.
$3,000,000 the first year and
$3,000,000 the second year are for road
equipment and fabrication of auxiliary
equipment for snowplow trucks.
$875,000 the first year and $875,000
the second year are to support highway
signal and lighting maintenance
activities.
The commissioner shall spend all money
available to the department of
transportation under Public Law Number
105-206, section 164 (repeat offender
transfer program), for hazard
elimination activities under United
States Code, title 23, section 152, and
shall not transfer any part of these
funds to any other agency.
(g) Electronic Communications
5,617,000 5,746,000
Summary by Fund
General 9,000 9,000
Trunk Highway 5,608,000 5,737,000
$9,000 the first year and $9,000 the
second year are from the general fund
for equipment and operation of the
Roosevelt signal tower for Lake of the
Woods weather broadcasting.
Subd. 8. General Support 51,836,000 52,799,000
Summary by Fund
General 54,000 56,000
Airports 70,000 70,000
Trunk Highway 51,712,000 52,673,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) General Management
39,148,000 39,865,000
$6,600,000 each year is for
preservation and improvement of the
agency's information technology
infrastructure.
(b) General Services
12,688,000 12,934,000
Summary by Fund
General 54,000 56,000
Airports 70,000 70,000
Trunk Highway 12,564,000 12,808,000
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
$1,000,000 each year is for information
technology development activities.
This appropriation adds to the agency
budget base.
Subd. 9. Buildings 7,716,000 -0-
This appropriation is available until
June 30, 2003.
Subd. 10. Transfers
(a) The commissioner of transportation
with the approval of the commissioner
of finance may transfer unencumbered
balances among the appropriations from
the trunk highway fund and the state
airports fund made in this section. No
transfer may be made from the
appropriation for state road
construction. No transfer may be made
from the appropriations for debt
service to any other appropriation.
Transfers under this paragraph may not
be made between funds. Transfers must
be reported immediately to the chair of
the transportation budget division of
the senate and the chair of the
transportation finance committee of the
house of representatives.
(b) The commissioner of finance shall
transfer from the flexible account in
the county state-aid highway fund
$6,400,000 the first year and
$2,400,000 the second year to the
municipal turnback account in the
municipal state-aid street fund, and
the remainder in each year to the
county turnback account in the county
state-aid highway fund.
Subd. 11. Use of State Road
Construction Appropriations
Any money appropriated to the
commissioner of transportation for
state road construction for any fiscal
year before fiscal year 2001 is
available to the commissioner during
fiscal years 2002 and 2003 to the
extent that the commissioner spends the
money on the state road construction
project for which the money was
originally encumbered during the fiscal
year for which it was appropriated.
The commissioner of transportation
shall report to the commissioner of
finance by August 1, 2001, and August
1, 2002, on a form the commissioner of
finance provides, on expenditures made
during the previous fiscal year that
are authorized by this subdivision.
Subd. 12. Contingent Appropriation
The commissioner of transportation,
with the approval of the governor after
consultation with the legislative
advisory commission under Minnesota
Statutes, section 3.30, may transfer
all or part of the unappropriated
balance in the trunk highway fund to an
appropriation (1) for trunk highway
design, construction, or inspection in
order to take advantage of an
unanticipated receipt of income to the
trunk highway fund, (2) for trunk
highway maintenance in order to meet an
emergency, or (3) to pay tort or
environmental claims. The amount
transferred is appropriated for the
purpose of the account to which it is
transferred.
Sec. 3. METROPOLITAN COUNCIL
TRANSIT 68,101,000 68,101,000
The council may not spend more than
$42,200,000 for metro mobility in the
2002-2003 fiscal biennium except for
proceeds from bond sales when use of
those proceeds for metro mobility
capital expenditures is authorized by
law.
The agency's budget base for fiscal
years 2004 and 2005 is $65,601,000 each
year.
Sec. 4. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 1,320,000 113,439,000 116,670,000
Summary by Fund
General 11,790,000 12,046,000
Trunk
Highway 445,000 89,042,000 92,369,000
Highway
User 875,000 11,628,000 11,261,000
Special
Revenue 979,000 994,000
Subd. 2. Administration
and Related Services 13,169,000 13,365,000
Summary by Fund
General 4,578,000 4,603,000
Trunk Highway 7,206,000 7,377,000
Highway User 1,385,000 1,385,000
(a) Office of Communications
390,000 398,000
Summary by Fund
General 20,000 20,000
Trunk Highway 370,000 378,000
(b) Public Safety Support
7,903,000 7,995,000
Summary by Fund
General 3,086,000 3,087,000
Trunk Highway 3,451,000 3,542,000
Highway User 1,366,000 1,366,000
$326,000 the first year and $326,000
the second year are for payment of
public safety officer survivor benefits
under Minnesota Statutes, section
299A.44. If the appropriation for
either year is insufficient, the
appropriation for the other year is
available for it.
$314,000 the first year and $314,000
the second year are to be deposited in
the public safety officer's benefit
account. This money is available for
reimbursements under Minnesota
Statutes, section 299A.465.
$508,000 the first year and $508,000
the second year are for soft body armor
reimbursements under Minnesota
Statutes, section 299A.38.
$1,830,000 the first year and
$1,830,000 the second year are
appropriated from the general fund for
transfer by the commissioner of finance
to the trunk highway fund on December
31, 2001, and December 31, 2002,
respectively, in order to reimburse the
trunk highway fund for expenses not
related to the fund. These represent
amounts appropriated out of the trunk
highway fund for general fund purposes
in the administration and related
services program.
$610,000 the first year and $610,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the trunk highway fund on
December 31, 2001, and December 31,
2002, respectively, in order to
reimburse the trunk highway fund for
expenses not related to the fund.
These represent amounts appropriated
out of the trunk highway fund for
highway user tax distribution fund
purposes in the administration and
related services program.
$716,000 the first year and $716,000
the second year are appropriated from
the highway user tax distribution fund
for transfer by the commissioner of
finance to the general fund on December
31, 2001, and December 31, 2002,
respectively, in order to reimburse the
general fund for expenses not related
to the fund. These represent amounts
appropriated out of the general fund
for operation of the criminal justice
data network related to driver and
motor vehicle licensing.
(c) Technical Support Services
4,876,000 4,972,000
Summary by Fund
General 1,472,000 1,496,000
Trunk Highway 3,385,000 3,457,000
Highway User 19,000 19,000
Subd. 3. State Patrol 60,717,000 64,195,000
Summary by Fund
General 3,354,000 3,447,000
Trunk Highway 57,071,000 60,456,000
Highway User 292,000 292,000
(a) Patrolling Highways
50,905,000 54,111,000
Summary by Fund
General 37,000 37,000
Trunk Highway 50,776,000 53,982,000
Highway User 92,000 92,000
Of this appropriation, $1,212,000 the
first year and $3,082,000 the second
year from the trunk highway fund are
for 65 new patrol positions and the
recruit training academy.
(b) Commercial Vehicle Enforcement
6,295,000 6,474,000
This appropriation is from the trunk
highway fund.
(c) Capitol Security
3,517,000 3,610,000
Summary by Fund
General 3,317,000 3,410,000
Highway User 200,000 200,000
The commissioner may not (1) spend any
money from the trunk highway fund for
capital security, or (2) permanently
transfer any state trooper from the
patrolling highways activity to capitol
security.
The commissioner may not transfer any
money appropriated for department of
public safety administration, the
patrolling of highways, commercial
vehicle enforcement, or driver and
vehicle services to capitol security.
The budget base for this activity for
the 2004-2005 biennium is $3,610,000
each year from the general fund.
Subd. 4. Driver and
Vehicle Services 1,320,000 38,257,000 37,792,000
Summary by Fund
General 3,858,000 3,996,000
Trunk
Highway 445,000 24,448,000 24,212,000
Highway
User 875,000 9,951,000 9,584,000
(a) Vehicle Registration
and Title
875,000 13,754,000 13,524,000
Summary by Fund
General 3,803,000 3,940,000
Highway
User 875,000 9,951,000 9,584,000
$875,000 from the highway user fund is
added to the appropriation for fiscal
year 2001 in Laws 1999, chapter 238,
article 1, section 4, subdivision 4a,
for increased license plate costs, and
is available until June 30, 2003.
The commissioner shall conduct a study
of the effect of increased
authorization and use of special
license plates on (1) department of
public safety costs and revenues, and
(2) law enforcement and public safety.
The commissioner shall report to the
legislature by February 1, 2002, on the
results of the study.
(b) Licensing Drivers
445,000 24,503,000 24,268,000
Summary by Fund
General 55,000 56,000
Trunk
Highway 445,000 24,448,000 24,212,000
$800,000 the first year is for
unanticipated costs relating to the
production of drivers' licenses. This
appropriation is from the trunk highway
fund. The commissioner may spend money
from this appropriation only after
obtaining approval from the
commissioner of finance and notifying
the chair of the transportation budget
division of the senate and the chair of
the transportation finance committee of
the house of representatives. This
appropriation is available until June
30, 2003.
$445,000 from the trunk highway fund is
added to the appropriation for fiscal
year 2001 in Laws 1999, chapter 238,
article 1, section 4, subdivision 4c,
for increased driver's license card
production costs, and is available
until June 30, 2003.
Subd. 5. Traffic Safety 317,000 324,000
This appropriation is from the trunk
highway fund.
Subd. 6. Pipeline Safety 979,000 994,000
This appropriation is from the pipeline
safety account in the special revenue
fund.
Sec. 5. GENERAL CONTINGENT
ACCOUNTS 375,000 375,000
Summary by Fund
Trunk Highway 200,000 200,000
Highway User 125,000 125,000
Airports 50,000 50,000
The appropriations in this section may
only be spent with the approval of the
governor after consultation with the
legislative advisory commission
pursuant to Minnesota Statutes, section
3.30.
If an appropriation in this section for
either year is insufficient, the
appropriation for the other year is
available for it.
Sec. 6. TORT CLAIMS 600,000 600,000
To be spent by the commissioner of
finance.
This appropriation is from the trunk
highway fund.
If the appropriation for either year is
insufficient, the appropriation for the
other year is available for it.
Sec. 7. [OFFICE OF PIPELINE SAFETY ASSESSMENTS.]
Assessments by the office of pipeline safety under
Minnesota Statutes, sections 299F.631 and 299J.12, for purposes
of section 4, subdivision 6, are deemed approved under Minnesota
Statutes, section 16A.1283.
Sec. 8. [DEPARTMENT OF TRANSPORTATION DISTRICT 1
CONSTRUCTION BUDGET.]
The commissioner of transportation shall reduce the
construction budget of the department of transportation
construction district 1 by $35,000,000 over the period from
fiscal year 2003 through fiscal year 2007, in order to repay the
advance of highway construction funds in fiscal years 2001 and
2002. The reduction in each year of the period must equal the
cost of trunk highway construction projects that were originally
scheduled to be constructed during that year that were
constructed in fiscal year 2001 or 2002 instead.
Sec. 9. [IMPLEMENTATION OF 2001 LEGISLATION.]
In meeting the requirements of article 1, section 2,
subdivision 22, clause (2), of a law enacted at the 2001 First
Special Session and styled as House File No. 1, the commissioner
of finance shall also give effect to other legislation enacted
at the 2001 regular session and First Special Session that
affects the projected unrestricted general budgetary balance on
June 30, 2001.
Sec. 10. Laws 1999, chapter 238, article 1, section 2,
subdivision 7, is amended to read:
Subd. 7. State Roads 912,625,000 923,769,000
Summary by Fund
General 59,000 9,000
Trunk Highway 912,566,000 923,760,000
The amounts that may be spent from this
appropriation for each activity are as
follows:
(a) State Road Construction
516,684,000 521,707,000
It is estimated that these
appropriations will be funded as
follows:
Federal Highway Aid
275,000,000 275,000,000
Highway User Taxes
241,684,000 246,707,000
The commissioner of transportation
shall notify the chair of the
transportation budget division of the
senate and chair of the transportation
finance committee of the house of
representatives quarterly of any events
that should cause these estimates to
change.
This appropriation is for the actual
construction, reconstruction, and
improvement of trunk highways. This
includes the cost of actual payment to
landowners for lands acquired for
highway rights-of-way, payment to
lessees, interest subsidies, and
relocation expenses.
The commissioner may transfer up to
$15,000,000 each year to the trunk
highway revolving loan account.
The commissioner may receive money
covering other shares of the cost of
partnership projects. These receipts
are appropriated to the commissioner
for these projects.
(b) Highway Debt Service
13,949,000 13,175,000
$3,949,000 the first year and
$3,175,000 the second year are for
transfer to the state bond fund.
If this appropriation is insufficient
to make all transfers required in the
year for which it is made, the
commissioner of finance shall notify
the committee on state government
finance of the senate and the committee
on ways and means of the house of
representatives of the amount of the
deficiency and shall then transfer that
amount under the statutory open
appropriation.
Any excess appropriation must be
canceled to the trunk highway fund.
(c) Research and Investment Management
12,450,000 12,597,000
$600,000 the first year and $600,000
the second year are available for
grants for transportation studies
outside the metropolitan area to
identify critical concerns, problems,
and issues. These grants are available
to (1) regional development
commissions, and (2) in regions where
no regional development commission is
functioning, joint powers boards
established under agreement of two or
more political subdivisions in the
region to exercise the planning
functions of a regional development
commission, and (3) in regions where no
regional development commission or
joint powers board is functioning, the
department's district office for that
region.
$216,000 the first year and $216,000
the second year are available for
grants to metropolitan planning
organizations outside the seven-county
metropolitan area.
$75,000 the first year and $25,000 the
second year are for transportation
planning relating to the 2000 census.
This appropriation may not be added to
the agency's budget base.
$75,000 the first year and $75,000 the
second year are for a transportation
research contingent account to finance
research projects that are reimbursable
from the federal government or from
other sources. If the appropriation
for either year is insufficient, the
appropriation for the other year is
available for it.
(d) Central Engineering Services
68,563,000 70,940,000
(e) Design and Construction Engineering
80,592,000 83,246,000
$1,000,000 the first year and $500,000
the second year are for transportation
planning relating to the 2000 census.
This appropriation may not be added to
the agency's budget base.
(f) State Road Operations
214,703,000 216,561,000
$1,000,000 each year are for
enhancements to the freeway operations
program in the metropolitan area.
$1,000,000 the first year and
$1,000,000 the second year are for
maintenance services including rest
area maintenance, vehicle insurance,
ditch assessments, and tort claims.
$3,000,000 the first year and
$1,000,000 the second year are for
improved highway striping.
$500,000 the first year and $500,000
the second year are for safety
technology applications.
$150,000 the first year and $150,000
the second year are for statewide asset
preservation and repair.
$750,000 the first year and $750,000
the second year are for the
implementation of the transportation
worker concept.
The commissioner shall establish a task
force to study seasonal road
restrictions and report to the
legislature its findings and any
recommendations for legislative
action. The commissioner shall appoint
members representing:
(1) aggregate and ready-mix producers;
(2) solid waste haulers;
(3) liquid waste haulers;
(4) the logging industry;
(5) the construction industry; and
(6) agricultural interests.
The task force shall report to the
legislature by February 1, 2000, on its
findings and recommendations.
(g) Electronic Communications
5,684,000 5,543,000
Summary by Fund
General 59,000 9,000
Trunk Highway 5,625,000 5,534,000
$9,000 the first year and $9,000 the
second year are from the general fund
for equipment and operation of the
Roosevelt signal tower for Lake of the
Woods weather broadcasting.
$50,000 the first year from the general
fund is for purchase of equipment for
the 800 MHz public safety radio system.
$200,000 the first year is from the
trunk highway fund for costs resulting
from the termination of agreements made
under article 2, sections 31 and 89,
and Minnesota Statutes, section 174.70,
subdivision 2. This appropriation does
not cancel but is available until spent.
In each year of the biennium the
commissioner shall request the
commissioner of administration to
request bids for the purchase of
digital mobile and portable radios to
be used on the metropolitan regional
public safety radio communications
system.
Sec. 11. Laws 2000, chapter 479, article 1, section 3,
subdivision 3, is amended to read:
Subd. 3. Bus Transit Ways 6,300,000
For engineering, design, and
construction of bus transit ways,
including, but not limited to,
acquisition of land and rights-of-way.
This appropriation is available until
spent.
Notwithstanding Minnesota Statutes,
chapter 398A, relating to regional
railroad authorities, the metropolitan
council may conduct a study of bus
transit ways in the northwest light
rail transit corridor in Hennepin
county, and in that part of the
southwest light rail transit corridor
in and between the cities of Hopkins
and Minneapolis. The study must
consider alternative alignments of the
bus transit ways, using existing roads,
highways, and transportation facilities
in conjunction with the light rail
transit corridors. The metropolitan
council must not study, engineer,
design, or construct a bus transit way
in (1) any part of the southwest light
rail transit corridor that is in the
city of Minnetonka, Eden Prairie, or
Chanhassen, or (2) the Midtown Greenway
or Kenilworth corridors in Minneapolis.
Sec. 12. Laws 2000, chapter 490, article 7, section 3, is
amended to read:
Sec. 3. [APPROPRIATION.]
For fiscal year 2001, $149,804,000 $161,529,000 is
appropriated from the general fund to the highway user tax
distribution fund. For fiscal year 2002, $161,723,000 is
appropriated from the general fund to the highway user tax
distribution fund.
Sec. 13. [EFFECTIVE DATE.]
This article is effective July 1, 2001.
ARTICLE 2
TRANSPORTATION POLICY
Section 1. [TOWER CONSTRUCTION.]
The commissioner of transportation shall construct a
differential global positioning system tower in Hubbard county,
township 139, range 32, in the south half of section 10. The
commissioner of natural resources shall negotiate a long-term
lease of the property with the United States coast guard for
purposes of erecting, operating, and maintaining the tower.
Sec. 2. [CROSSTOWN PROJECT MORATORIUM.]
Subdivision 1. [RESTRICTION.] The commissioner of
transportation may not contract for construction of the marked
interstate highway I-35W/marked trunk highway No. 62 interchange
improvement project, involving separation of the two roadways in
the commons area, replacement of ramps, construction of a
high-occupancy vehicle lane, and changes in access until after
May 1, 2002. This does not prohibit the commissioner from
contracting for pavement preservation work including:
resurfacing or patching road surfaces and bridges; repair,
replacement, and installation of safety appurtenances; and other
necessary preservation activities. This restriction does not
affect decisions by either the commissioner of transportation or
the metropolitan council involving the enhancement of transit in
the I-35W corridor north of 50th Street.
Subd. 2. [REPORT.] The commissioner of transportation
shall contract for a consultant to prepare a report and
recommendations on issues surrounding the trunk highway project
described in subdivision 1. This contract is not subject to the
provisions of Minnesota Statutes, chapter 16C. The report and
recommendations must be submitted by the commissioner to the
house of representatives and senate committees with jurisdiction
over transportation policy and finance by January 15, 2002. The
report and recommendations must include:
(1) 20-year projections for growth in population, economic
development, and traffic for the marked interstate I-35W and
marked trunk highway corridors;
(2) a discussion of the adequacy of marked interstate I-35W
and marked trunk highway No. 62 under current conditions and
after a full reconstruction, to carry present and predicted
traffic levels, including the extent to which traffic problems
in the corridors will be addressed by the project;
(3) alternative feasible designs, including stacked
mainlines and tunneling, for the project described in
subdivision 1 that will:
(i) increase capacity;
(ii) limit construction to the right-of-way proposed for
the current project;
(iii) not limit Lyndale access to less than proposed for
the current project; and
(iv) include a transit component, which may require buses,
busways, rail, or high-occupancy vehicle lanes;
(4) a discussion of the availability of funding for the
proposed project, how the funding relates to funding for other
metropolitan projects, and feasible alternatives;
(5) an evaluation of the applicability of road pricing in
the corridor;
(6) the present and predicted levels of traffic on all
segments of marked interstate I-35W, marked trunk highway No.
62, and on trunk highway corridors that would be significantly
affected by any long-term closing of lanes as a part of
construction on marked interstate I-35W or marked trunk highway
No. 62;
(7) a plan, developed in consultation with the metropolitan
council, to provide adequate public transit during the period of
highway closure among and within the affected communities, and
specific plans for detours;
(8) a discussion of the extent to which the project will be
coordinated with other construction or reconstruction projects
on trunk highways that will be affected by the marked interstate
I-35W/marked trunk highway No. 62 project; and
(9) methods for completing the project in the most timely
manner and costs and impacts with accelerating completion of the
project.
Sec. 3. [PORT OF MINNEAPOLIS; FINDINGS.]
The legislature finds that the continued use of the upper
harbor of the Mississippi river in the city of Minneapolis for
commercial navigation relieves transportation demand on highways
and railroads in the metropolitan area, is a necessary element
of the transportation system of the region, and is therefore of
statewide significance.
Sec. 4. [COMMISSIONER OF TRANSPORTATION; METROPOLITAN
COUNCIL RESTRICTIONS.]
Subdivision 1. [DEPARTMENT OF TRANSPORTATION.] The
commissioner of transportation may not refuse to program or
construct a trunk highway improvement project, or make any other
decision concerning the location, design, or timing of a trunk
highway improvement project, on the grounds that a statutory or
home rule charter city or county in which the project is wholly
or partly located (1) has enacted a zoning ordinance or
determination not approved by the commissioner or metropolitan
council, or failed to enact a zoning ordinance or determination
requested by the commissioner or metropolitan council, or (2)
has failed to impose housing density requirements requested by
the commissioner or metropolitan council. This section does not
apply to local zoning ordinances or determinations that relate
to access to a trunk highway.
Subd. 2. [METROPOLITAN COUNCIL.] Neither the metropolitan
council nor the council's transportation advisory board may, in
the allocation or the approval of any allocation of funds for
highway projects, or in approving or disapproving a project
under Minnesota Statutes, section 473.166, withhold or redirect
funds or fail to approve a project on the grounds that a city or
county in which the project is wholly or partly located (1) has
enacted a zoning ordinance or determination not approved by the
council or the commissioner of transportation, or failed to
enact a zoning ordinance or determination requested by the
council or the commissioner of transportation, or (2) has failed
to impose housing density requirements requested by the council
or the commissioner of transportation. This section does not
apply to local zoning ordinances or determinations that relate
to access to a trunk highway.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. [STATE TROOPER TRAINING REPORT.]
On or before February 15, 2002, the commissioner of public
safety shall present to the committees having jurisdiction over
transportation policy and finance in the house of
representatives and the senate an evaluation of the efficiency
and cost-effectiveness of the present recruit training program,
and a comparison of the effectiveness and potential cost-savings
of alternative training formats with the current academy format.
Sec. 6. [STATE AID FOR CITIES.]
A city that has previously been classified as having a
population of 5,000 or more for the purposes of Minnesota
Statutes, chapter 162, and that has a population greater than
4,900 but less than 5,000 according to the 2000 federal census,
is deemed to have a population of 5,000 for purposes of
Minnesota Statutes, chapter 162, until June 30, 2004.
Sec. 7. Laws 2001, chapter 161, section 58, is amended to
read:
Sec. 58. [REPEALER.]
Minnesota Statutes 2000, sections 15.059, subdivision 5a,
as amended by Laws 2001, chapter 7, section 7; 17.49,
subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061;
60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a;
124D.894; 124D.95, subdivision 6; 134.31, subdivision 5;
137.342, subdivision 2; 144A.31; 162.09, subdivision 2;
256B.071, subdivision 5; 256B.0911, subdivision 8; 256B.434,
subdivision 13; 299A.295, subdivision 2; and 299K.03,
subdivision 4, are repealed.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2000, section 16A.641,
subdivision 8, is amended to read:
Subd. 8. [APPROPRIATION OF PROCEEDS.] (a) The proceeds of
bonds issued under each law are appropriated for the purposes
described in the law and in this subdivision. This
appropriation may never be canceled.
(b) Before the proceeds are received in the proper special
fund, the commissioner may transfer to that fund from the
general fund amounts not exceeding the expected proceeds from
the next bond sale. The commissioner shall return these amounts
to the general fund by transferring proceeds when received. The
amounts of these transfers are appropriated from the general
fund and from the bond proceeds.
(c) Actual and necessary travel and subsistence expenses of
employees and all other nonsalary expenses incidental to the
sale, printing, execution, and delivery of bonds must be paid
from the proceeds. The proceeds are appropriated for this
purpose. Bond proceeds must not be used to pay any part of the
salary of a state employee involved in the sale, printing,
execution, or delivery of the bonds.
(d) Bond proceeds remaining in a special fund after the
purposes for which the bonds were issued are accomplished or
abandoned, as certified by the head of the agency administering
the special fund, or as determined by the commissioner, unless
devoted under the appropriation act to another purpose
designated in the act, shall must be transferred to the state
bond fund.
(e) Before the proceeds of state highway bonds are received
in the trunk highway fund, the commissioner may either:
(1) transfer funds to the trunk highway fund from the
general fund; or
(2) authorize the use of funds in the trunk highway fund,
in an amount not exceeding the expected proceeds from the next
state highway bond sale.
These funds must be used in accordance with the legislative
authorization to sell state highway bonds. The commissioner
shall return these funds to the general fund or replace the
funds used from the trunk highway fund by transferring proceeds
when received. The amounts of these transfers are appropriated
from the general fund and from the state highway bond proceeds.
Sec. 9. Minnesota Statutes 2000, section 16B.54,
subdivision 2, is amended to read:
Subd. 2. [VEHICLES.] (a) [ACQUISITION FROM AGENCY;
APPROPRIATION.] The commissioner may direct an agency to make a
transfer of a passenger motor vehicle or truck currently
assigned to it. The transfer must be made to the commissioner
for use in the central motor pool. The commissioner shall
reimburse an agency whose motor vehicles have been paid for with
funds dedicated by the constitution for a special purpose and
which are assigned to the central motor pool. The amount of
reimbursement for a motor vehicle is its average wholesale price
as determined from the midwest edition of the National
Automobile Dealers Association official used car guide.
(b) [PURCHASE.] To the extent that funds are available for
the purpose, the commissioner may purchase or otherwise acquire
additional passenger motor vehicles and trucks necessary for the
central motor pool. The title to all motor vehicles assigned to
or purchased or acquired for the central motor pool is in the
name of the department of administration.
(c) [TRANSFER AT AGENCY REQUEST.] On the request of an
agency, the commissioner may transfer to the central motor pool
any passenger motor vehicle or truck for the purpose of
disposing of it. The department or agency transferring the
vehicle or truck must be paid for it from the motor pool
revolving account established by this section in an amount equal
to two-thirds of the average wholesale price of the vehicle or
truck as determined from the midwest edition of the National
Automobile Dealers Association official used car guide.
(d) [VEHICLES; MARKING.] The commissioner shall provide
for the uniform marking of all motor vehicles. Motor vehicle
colors must be selected from the regular color chart provided by
the manufacturer each year. The commissioner may further
provide for the use of motor vehicles without marking by:
(1) the governor;
(2) the lieutenant governor;
(3) the division of criminal apprehension, the division of
alcohol and gambling enforcement, and arson investigators of the
division of fire marshal in the department of public safety;
(4) the financial institutions division of the department
of commerce;
(5) the division of disease prevention and control of the
department of health;
(6) the state lottery;
(7) criminal investigators of the department of revenue;
(8) state-owned community service facilities in the
department of human services;
(9) the investigative staff of the department of economic
security; and
(10) the office of the attorney general; and
(11) the investigative staff of the gambling control board.
Sec. 10. Minnesota Statutes 2000, section 16C.05,
subdivision 2, is amended to read:
Subd. 2. [CREATION AND VALIDITY OF CONTRACTS.] (a) A
contract is not valid and the state is not bound by it unless:
(1) it has first been executed by the head of the agency or
a delegate who is a party to the contract;
(2) it has been approved by the commissioner;
(3) it has been approved by the attorney general or a
delegate as to form and execution;
(4) the accounting system shows an obligation in an expense
budget or encumbrance for the amount of the contract liability;
and
(5) the combined contract and amendments shall not exceed
five years without specific, written approval by the
commissioner according to established policy, procedures, and
standards, or unless otherwise provided for by law. The term of
the original contract must not exceed two years unless the
commissioner determines that a longer duration is in the best
interest of the state.
(b) Grants, interagency agreements, purchase orders, and
annual plans need not, in the discretion of the commissioner and
attorney general, require the signature of the commissioner
and/or the attorney general. A signature is not required for
work orders and amendments to work orders related to department
of transportation contracts. Bond purchase agreements by the
Minnesota public facilities authority do not require the
approval of the commissioner.
(c) A fully executed copy of every contract must be kept on
file at the contracting agency.
Sec. 11. Minnesota Statutes 2000, section 16C.06,
subdivision 1, is amended to read:
Subdivision 1. [PUBLICATION REQUIREMENTS.] Notices of
solicitations for acquisitions estimated to be more than
$25,000, or $100,000 in the case of a department of
transportation acquisition, must be publicized in a manner
designated by the commissioner.
Sec. 12. Minnesota Statutes 2000, section 16C.06,
subdivision 2, is amended to read:
Subd. 2. [SOLICITATION PROCESS.] (a) A formal solicitation
must be used to acquire all goods, service contracts, and
utilities estimated at or more than $25,000, or in the case of a
department of transportation solicitation, at or more than
$100,000, unless otherwise provided for. All formal responses
must be sealed when they are received and must be opened in
public at the hour stated in the solicitation. Formal responses
must be authenticated by the responder in a manner specified by
the commissioner.
(b) An informal solicitation may be used to acquire all
goods, service contracts, and utilities that are estimated at
less than $25,000, or in the case of a department of
transportation solicitation, at or less than $100,000. The
number of vendors required to receive solicitations may be
determined by the commissioner. Informal responses must be
authenticated by the responder in a manner specified by the
commissioner.
Sec. 13. Minnesota Statutes 2000, section 117.51, is
amended to read:
117.51 [COOPERATION WITH FEDERAL AUTHORITIES.]
In all acquisitions undertaken by any acquiring authority
and in all voluntary rehabilitation carried out by a person
pursuant to acquisition or as a consequence thereof, the
acquiring authority shall cooperate to the fullest extent with
federal departments and agencies, and it shall take all
necessary action in order to insure, to the maximum extent
possible, federal financial participation in any and all phases
of acquisition, including the provision of relocation
assistance, services, payments and benefits to displaced
persons. An acquiring authority may consider reimbursing up to
$50,000 in relocation or reestablishment expenses of a displaced
business.
Sec. 14. Minnesota Statutes 2000, section 161.082,
subdivision 2a, is amended to read:
Subd. 2a. [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.]
(a) Money in the town bridge account must be expended on town
road bridge structures that are ten feet or more in length and
on town road culverts that replace existing town road bridges.
In addition, if the present bridge structure is less than ten
feet in length but a hydrological survey indicates that the
replacement bridge structure or culvert must be ten feet or more
in length, then the bridge or culvert is eligible for
replacement funds.
(b) In addition, if a culvert that replaces a deficient
bridge is in a county comprehensive water plan approved by the
board of water and soil resources and the department of natural
resources, the costs of the culvert and roadway grading other
than surfacing are eligible for replacement funds up to the cost
of constructing a replacement bridge.
(c) The expenditures on a bridge structure or culvert may
be paid from the county turnback account and may be for 100
percent of the cost of the replacement structure or culvert or
for 100 percent of the cost of rehabilitating the existing
structure.
(d) The town bridge account may be used to pay the costs to
abandon an existing bridge that is deficient and in need of
replacement, but where no replacement will be made. It may also
be used to pay the costs to construct a road or street to
facilitate the abandonment of an existing bridge determined by
the commissioner to be deficient, if the commissioner determines
that construction of the road or street is more cost efficient
than replacing the existing bridge.
(e) When bridge approach construction work exceeds $10,000
in costs, or when the county engineer determines that the cost
of the replacement culverts alone will not exceed $20,000, or
engineering costs exceed $10,000, the town shall be eligible for
financial assistance from the town bridge account. Financial
assistance shall be requested by resolution of the county board
and shall be limited to:
(1) 100 percent of the cost of the bridge approach work
that is in excess of $10,000; or
(2) 100 percent of the cost of the replacement culverts
when the cost does not exceed $20,000 and the town board agrees
to be responsible for all the other costs, which may include
costs for structural removal, installation, and permitting. The
replacement structure design and costs shall be approved and
certified by the county engineer, but need not be subsequently
approved by the department of transportation; or
(3) 100 percent of all related engineering costs that
exceed $10,000, or in the case of towns with a net tax capacity
of less than $200,000, 100 percent of the engineering costs.
(f) Money in the town road account must be distributed as
provided in section 162.081.
Sec. 15. Minnesota Statutes 2000, section 161.14, is
amended by adding a subdivision to read:
Subd. 50. [KING OF TRAILS.] (a) The following described
route, signed as trunk highway No. 75 on the effective date of
this subdivision, is designated the "King of Trails":
Constitutional Route No. 6 from its intersection with the
Minnesota-Canada border southerly to its intersection with
Legislative Route No. 175 at or near the city of Crookston, then
Legislative Route No. 175 southwesterly and southerly to its
intersection with Constitutional Route No. 6 between the cities
of Halstad and Hendrum, then Constitutional Route No. 6
southerly to its intersection with the Minnesota-Iowa border.
(b) The commissioner shall adopt a suitable marking design
to mark the highway and erect appropriate signs, subject to
section 161.139.
Sec. 16. Minnesota Statutes 2000, section 161.23,
subdivision 3, is amended to read:
Subd. 3. [LEASING.] The commissioner may lease for the
term between the acquisition and sale thereof and for a fair
rental rate and upon such terms and conditions as the
commissioner deems proper, any excess real estate acquired under
the provisions of this section, and any real estate acquired in
fee for trunk highway purposes and not presently needed therefor
for those purposes. All rents received from the leases
shall must be paid into the state treasury. Seventy percent of
the rents shall must be credited to the trunk highway fund. The
remaining 30 percent shall must be paid to the county treasurer
where the real estate is located, and shall be distributed in
the same manner as real estate taxes. This subdivision does not
apply to real estate leased for the purpose of providing
commercial and public service advertising pursuant to franchise
agreements as provided in sections 160.276 to 160.278 or to fees
collected under section 174.70, subdivision 2.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. Minnesota Statutes 2000, section 161.32,
subdivision 1, is amended to read:
Subdivision 1. [ADVERTISEMENT FOR BIDS.] The commissioner
may conduct the work or any part thereof of the work incidental
to the construction and maintenance of the trunk highways by
labor employed therefor to do the work or by contract. In cases
of construction work, the commissioner shall first advertise for
bids for contracts, and if no satisfactory bids are received,
may either reject all bids and readvertise, or do the work by
labor employed therefor to do the work. Except as hereinafter
provided in subdivision 3 or 4, when work is to be done under
contract, the commissioner shall advertise for bids once each
week for three successive weeks prior to the date such the bids
are to be received. The advertisement for bids shall must be
published in a newspaper or other periodical of general
circulation in the state and may be placed on the Internet. The
plans and specifications for the proposed work shall must be on
file in the commissioner's office prior to the first call for
bids.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. Minnesota Statutes 2000, section 161.32,
subdivision 1a, is amended to read:
Subd. 1a. [STANDARD SPECIFICATIONS, SECURITY.] Contracts
under this section must be based on specifications prescribed by
the commissioner. Each bidder for a contract must shall furnish
security approved by the commissioner to ensure completion of
the contract. The commissioner may require that bid,
performance or payment bonds, or other security be furnished
electronically.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 19. Minnesota Statutes 2000, section 161.32,
subdivision 1b, is amended to read:
Subd. 1b. [LOWEST RESPONSIBLE BIDDER.] Bidders may submit
bids electronically in a form and manner required by the
commissioner. Trunk highway construction contracts, including
design-build contracts, must be awarded to the lowest
responsible bidder, taking into consideration conformity with
the specifications, the purpose for which the contract or
purchase is intended, the status and capability of the vendor,
and other considerations imposed in the call for bids. The
commissioner may decide which is the lowest responsible bidder
for all contracts and may use the principles of life-cycle
costing, where when appropriate, in determining the lowest
overall bid. Any or all bids may be rejected. In a case
where When competitive bids are required and where all bids are
rejected, new bids, if solicited, must be called for as in the
first instance, unless otherwise provided by law.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 20. Minnesota Statutes 2000, section 161.32,
subdivision 1e, is amended to read:
Subd. 1e. [RECORD.] A record must be kept of all bids,
including names of bidders, amounts of bids, and each successful
bid. After the contract is awarded, this record is open to
public inspection and may be posted on the Internet.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 21. [161.3205] [PROFESSIONAL AND TECHNICAL SERVICES
CONTRACTS.]
Subdivision 1. [SCOPE; AUTHORITY GENERALLY.] (a)
Notwithstanding other law to the contrary, this section applies
to professional and technical services contracts entered into by
the commissioner of transportation.
(b) The commissioner has the authority and duty to:
(1) approve state transportation project plans and
specifications;
(2) award transportation construction and maintenance
contracts;
(3) approve, select, and award professional and technical
consultant contracts for state transportation projects; and
(4) approve utility and municipal agreements affecting
state transportation projects.
Subd. 2. [DEFINITION OF PROFESSIONAL OR TECHNICAL
SERVICES.] For purposes of this section, "professional or
technical services" means services that are intellectual in
character, including consultative, analytical, evaluative,
predictive, planning, programming, or recommendatory, and that
result in the production of a report or the completion of a
task. Professional or technical contracts do not include the
provision of supplies or materials, except (1) by the approval
of the commissioner or (2) as incidental to providing
professional or technical services.
Subd. 3. [DUTIES OF COMMISSIONER.] Before entering into a
professional or technical services contract with a value
exceeding $100,000, the commissioner shall certify that:
(1) no current state employee is able and available to
perform the services called for by the contract;
(2) the normal competitive bidding mechanisms do not
provide for adequate performance of the services;
(3) the contractor has certified that the product of the
services will be original in character;
(4) reasonable efforts were made to publicize the
availability of the contract to the public;
(5) the agency has received, reviewed, and accepted a
detailed work plan from the contractor for performance under the
contract, if applicable;
(6) the commissioner has developed and will implement a
written plan providing for the assignment of specific agency
personnel to a monitoring and liaison function, the periodic
review of interim reports or other indications of past
performance, and the ultimate utilization of the final product
of the services; and
(7) the department will not allow the contractor to begin
work before funds are fully encumbered.
Subd. 4. [CONTRACT PROCEDURES.] Before approving a
proposed contract for professional or technical services, the
commissioner shall determine, at least, that:
(1) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities and there is statutory authority to enter into
the contract;
(2) the contract does not establish an employment
relationship between the state or the agency and any persons
performing under the contract;
(3) the contractor and agents are not employees of the
state;
(4) no agency has previously performed or contracted for
the performance of tasks that would be substantially duplicated
under the proposed contract;
(5) the commissioner has specified a satisfactory method of
evaluating and using the results of the work to be performed;
and
(6) the combined contract and amendments will not exceed
five years, unless otherwise provided for by law. The term of
the original contract must not exceed two years, unless the
commissioner determines that a longer duration is in the best
interest of the state.
Subd. 5. [CONTRACT TERMINATION AND PAYMENT TERMS.] (a) A
professional or technical services contract must by its terms
permit the commissioner to unilaterally terminate the contract
prior to completion, upon payment of just compensation, if the
commissioner determines that further performance under the
contract would not serve agency purposes.
(b) The commissioner shall approve and make final payment
on all professional and technical services contracts within six
months after the contractor delivers the final documents and
invoice. Overdue payments are subject to the applicable prompt
payment provisions of section 16A.124.
(c) The terms of a contract must provide that no more than
90 percent of the amount due under the contract may be paid
until the final product has been reviewed by the head of the
agency entering into the contract and the head of the agency has
certified that the contractor has satisfactorily fulfilled the
terms of the contract, unless specifically excluded in writing
by the commissioner. This paragraph does not apply to contracts
for professional services as defined in sections 326.02 to
326.15.
Subd. 6. [REPORTS.] (a) The commissioner shall submit to
the governor, the chair of the ways and means committee of the
house of representatives, the chair of the senate state
government finance committee, and the legislative reference
library a yearly listing of all contracts for professional or
technical services executed. The report must identify the
contractor, contract amount, duration, and services to be
provided. The commissioner shall also issue yearly reports
summarizing the contract review activities of the department by
fiscal year.
(b) The fiscal year report must be submitted by September 1
of each year and must:
(1) be sorted by contractor;
(2) show the aggregate value of contracts issued to each
contractor;
(3) distinguish between contracts that are being issued for
the first time and contracts that are being extended;
(4) state the termination date of each contact; and
(5) identify services by commodity code, including topics
such as contracts for training and contracts for research.
(c) Within 30 days of final completion of a contract over
$100,000 covered by this subdivision, the commissioner must
submit a one-page report to the legislative reference library.
The report must:
(1) summarize the purpose of the contract, including why it
was necessary to enter into a contract;
(2) state the amount spent on the contract; and
(3) explain why this amount was a cost-effective way to
enable the agency to provide its services or products better or
more efficiently.
Subd. 7. [PROCUREMENT FROM SMALL BUSINESS.] This section
is subject to section 16C.16.
Sec. 22. [161.362] [ADVANCE FUNDING FOR INTERREGIONAL
CORRIDOR DEVELOPMENT.]
Subdivision 1. [CORRIDOR DEVELOPMENT.] By agreement with
the commissioner, a road authority other than the commissioner
or two or more road authorities that have entered into a joint
powers agreement under section 471.59 may make advances from any
available funds to the commissioner to expedite development of
an interregional transportation corridor, including funds for
design consultants, for right-of-way purchases, for
construction, or for other related expenditures.
Subd. 2. [REPAYMENT.] Subject to the availability of state
money, the commissioner shall repay the amount advanced under
this section, up to the state's share of costs, under terms of
the agreement. The agreement may provide for payment of
interest on the amount of advanced funds. The maximum interest
rate that may be paid is the rate earned by the state on
invested treasurer's cash for the month before the date the
agreement is executed or the actual interest paid by the road
authority in borrowing for the amount advanced, whichever rate
is less. The total amount of annual repayment to road
authorities under this section and section 161.361 must never
exceed the amount stated in the department's debt management
policy or $10,000,000, whichever is less.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 23. [161.366] [TRANSPORTATION CONSTRUCTION CONTRACT;
TACONITE RELIEF AREA.]
The commissioner of transportation, as a condition of
awarding a transportation construction contract in the taconite
tax relief area, may require the contractor to hire a certain
percentage of workers for that contract whose principal place of
residence is in the taconite tax relief area. Taconite tax
relief area means the tax relief area defined in section 273.134.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 24. Minnesota Statutes 2000, section 162.06,
subdivision 3, is amended to read:
Subd. 3. [DISASTER ACCOUNT.] (a) After deducting
administrative costs as provided in subdivision 2, the
commissioner shall set aside each year a sum of money equal to
one percent of the remaining money in the county state-aid
highway fund to provide for a disaster account; provided that
the total amount of money in the disaster account shall must
never exceed one two percent of the total sums to be apportioned
to the counties. This sum shall must be used to provide aid to
any county encountering disasters or unforeseen events affecting
its county state-aid highway system, and resulting in an undue
and burdensome financial hardship.
(b) Any county desiring aid by reason of such disaster or
unforeseen event shall request the aid in the form required by
the commissioner. Upon receipt of the request, the commissioner
shall appoint a board consisting of two representatives of the
counties, who must be either a county engineer or member of a
county board, from counties other than the requesting county,
and a representative of the commissioner. The board shall
investigate the matter and report its findings and
recommendations in writing to the commissioner.
(c) Final determination of the amount of aid, if any, to be
paid to the county from the disaster account shall must be made
by the commissioner. Upon determining to aid any such a
requesting county, the commissioner shall certify to the
commissioner of finance the amount of the aid, and the
commissioner of finance shall thereupon then issue a warrant in
that amount payable to the county treasurer of the county.
Money so paid shall must be expended on the county state-aid
highway system in accordance with the rules of the commissioner.
Sec. 25. Minnesota Statutes 2000, section 162.12,
subdivision 3, is amended to read:
Subd. 3. [DISASTER ACCOUNT.] (a) After deducting
administrative costs as provided in subdivision 2, the
commissioner shall set aside each year a sum of money equal to
two percent of the remaining money in the municipal state-aid
street fund to provide for a disaster account; provided, that
the total amount of money in the disaster account shall must
never exceed five three percent of the total sums to be
apportioned to the statutory and home rule charter cities having
a population of 5,000 or more. The disaster account shall must
be used to provide aid to any such city encountering disaster or
unforeseen event affecting the municipal state-aid street system
of the city, and resulting in an undue and burdensome financial
hardship.
(b) Any such city desiring aid by reason of such disaster
or unforeseen event shall request aid in the form required by
the commissioner. Upon receipt of the request the commissioner
shall appoint a board consisting of two representatives of the
cities, who must be either a city engineer or member of the
governing body of a city, from cities other than the requesting
city, and a representative of the commissioner. The board shall
investigate the matter and report its findings and
recommendations in writing to the commissioner.
(c) Final determination of the amount of aid, if any, to be
paid to the city from the disaster account shall must be made by
the commissioner. Upon determining to aid the city, the
commissioner shall certify to the commissioner of finance the
amount of aid, and the commissioner of finance shall
thereupon then issue a warrant in that amount payable to the
fiscal officer of the city. Money so paid shall must be
expended on the municipal state-aid street system in accordance
with rules of the commissioner.
Sec. 26. [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND
PROCEEDS.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "State trunk highway bond-financed property" means
property acquired, improved, or maintained in whole or in part
with the proceeds of state trunk highway bonds authorized to be
issued under the Minnesota Constitution, article XIV, section 11.
(c) "Outstanding state trunk highway bonds" means the
dollar amount of state trunk highway bonds, including any
refunding state trunk highway bonds, issued with respect to
state trunk highway bond-financed property, less the principal
amount of state trunk highway bonds paid or defeased.
Subd. 2. [LEASES.] (a) State trunk highway bond-financed
property may only be leased (1) for those purposes authorized by
law, (2) in accordance with the requirements of all other laws
and duly adopted rules applicable thereto, and orders, if any,
of the commissioner of finance intended to ensure the legality
and tax-exempt status of outstanding state trunk highway bonds,
and (3) with the approval of the commissioner of finance. A
lease of state trunk highway bond-financed property, including
any renewals that are solely at the option of the lessee, must
be for a term substantially less than the useful life of the
state trunk highway bond-financed property, but may allow
renewal beyond that term upon a determination by the
commissioner of transportation that the use continues to be
authorized by law and that the additional term is authorized by
law. A lease of state trunk highway bond-financed property must
be terminable by the commissioner of transportation if the other
contracting party defaults under the contract and must provide
for oversight by the commissioner of transportation.
(b) Notwithstanding the provisions of any other law, money
received by the state under a lease of state trunk highway
bond-financed property must be paid to the commissioner of
transportation, deposited in the state trunk highway fund, and
used to pay or redeem or defease any outstanding state trunk
highway bonds in accordance with the commissioner of finance's
order authorizing their issuance. The money paid to the
commissioner of transportation is appropriated for this
purpose. Money in excess of the foregoing requirement must be
applied as otherwise required by law.
Subd. 3. [SALES.] (a) State trunk highway bond-financed
property must not be sold unless the sale (1) is for a purpose
authorized by law, (2) is conducted in accordance with
applicable law and duly adopted rules, (3) is made in accordance
with orders, if any, of the commissioner of finance intended to
ensure the legality and tax-exempt status of outstanding state
trunk highway bonds, and (4) is approved by the commissioner of
finance.
(b) Notwithstanding any other law, the net proceeds of a
sale of any state trunk highway bond-financed property must be
paid to the commissioner of transportation, deposited in the
state trunk highway fund, and used to pay or redeem or defease
any outstanding trunk highway bonds in accordance with the
commissioner of finance's order authorizing their issuance. The
net proceeds of sale paid to the commissioner of transportation
are appropriated for these purposes. Any net proceeds of sale
in excess of the foregoing requirement must be applied as
otherwise required by law. When all of the net proceeds of sale
have been applied as provided in this subdivision, the sold
property is no longer considered state trunk highway
bond-financed property.
Subd. 4. [RELATION TO OTHER LAWS.] This section applies to
all state trunk highway bond-financed property unless otherwise
provided by law.
Sec. 27. Minnesota Statutes 2000, section 167.51,
subdivision 2, is amended to read:
Subd. 2. [TRANSFERS.] All money transferred from the trunk
highway fund or from any other source to the Minnesota trunk
highway bond account and all income from the investment thereof
shall be available for the payment of outstanding state trunk
highway bonds and interest thereon, whether or not issued
pursuant to section 167.50, in the same manner as the proceeds
of taxes paid into the trunk highway fund, and so much thereof
as may be necessary is appropriated for such payments. The
legislature may appropriate and transfer to the Minnesota trunk
highway bond account, for the payment of such trunk highway
bonds and interest thereon, any other moneys in the state
treasury not otherwise appropriated. The commissioner of
finance and the state treasurer are directed to make the
appropriate entries in the accounts of the respective funds.
Sec. 28. Minnesota Statutes 2000, section 168.011,
subdivision 7, is amended to read:
Subd. 7. [PASSENGER AUTOMOBILE.] "Passenger automobile"
means any motor vehicle designed and used for the carrying of
not more than 15 persons including the driver. "Passenger
automobile" does not include motorcycles, motor scooters, and
buses described in subdivision 9, paragraph (a), clause (2).
For purposes of taxation only, "passenger automobile" includes
pickup trucks and vans, other than including those vans designed
to carry passengers with a manufacturer's nominal rated carrying
capacity of one ton, but does not include commuter vans as
defined in section 168.126.
Sec. 29. Minnesota Statutes 2000, section 168.012,
subdivision 1, is amended to read:
Subdivision 1. [VEHICLES EXEMPT FROM TAX AND REGISTRATION
FEES.] (a) The following vehicles are exempt from the provisions
of this chapter requiring payment of tax and registration fees,
except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of
official business by the federal government, the state, or any
political subdivision;
(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to
and from such those institutions;
(3) vehicles used solely in driver education programs at
nonpublic high schools;
(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for educational
purposes;
(5) vehicles owned and used by honorary consul;
(6) ambulances owned by ambulance services licensed under
section 144E.10, the general appearance of which is
unmistakable; and
(7) vehicles owned by a commercial driving school licensed
under section 171.34, or an employee of a commercial driving
school licensed under section 171.34, and the vehicle is used
exclusively for driver education and training.
(b) Vehicles owned by the federal government, municipal
fire apparatuses including fire-suppression support vehicles,
police patrols, and ambulances, the general appearance of which
is unmistakable, shall are not be required to register or
display number plates.
(c) Unmarked vehicles used in general police work, liquor
investigations, or arson investigations, and passenger
automobiles, pickup trucks, and buses owned or operated by the
department of corrections shall, must be registered and shall
must display appropriate license number plates which shall be,
furnished by the registrar at cost. Original and renewal
applications for these license plates authorized for use in
general police work and for use by the department of corrections
must be accompanied by a certification signed by the appropriate
chief of police if issued to a police vehicle, the appropriate
sheriff if issued to a sheriff's vehicle, the commissioner of
corrections if issued to a department of corrections vehicle, or
the appropriate officer in charge if issued to a vehicle of any
other law enforcement agency. The certification must be on a
form prescribed by the commissioner and state that the vehicle
will be used exclusively for a purpose authorized by this
section.
(d) Unmarked vehicles used by the departments of revenue
and labor and industry, fraud unit, in conducting seizures or
criminal investigations must be registered and must display
passenger vehicle classification license number plates which
shall be, furnished at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the
commissioner of revenue or the commissioner of labor and
industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used
exclusively for the purposes authorized by this section.
(e) Unmarked vehicles used by the division of disease
prevention and control of the department of health must be
registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost
by the registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of health. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
official duties of the division of disease prevention and
control.
(f) Unmarked vehicles used by staff of the gambling control
board in gambling investigations and reviews must be registered
and must display passenger vehicle classification license number
plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these
passenger vehicle license plates must be accompanied by a
certification signed by the board chair. The certification must
be on a form prescribed by the commissioner and state that the
vehicles will be used exclusively for the official duties of the
gambling control board.
(g) All other motor vehicles shall must be registered and
display tax-exempt number plates which shall be, furnished by
the registrar at cost, except as provided in subdivision 1c.
All vehicles required to display tax-exempt number plates shall
must have the name of the state department or political
subdivision, nonpublic high school operating a driver education
program, or licensed commercial driving school, on the vehicle
plainly displayed on both sides of the vehicle; except that each
state hospital and institution for the mentally ill and mentally
retarded may have one vehicle without the required
identification on the sides of the vehicle, and county social
service agencies may have vehicles used for child and vulnerable
adult protective services without the required identification on
the sides of the vehicle. Such This identification shall must
be in a color giving contrast with that of the part of the
vehicle on which it is placed and shall must endure throughout
the term of the registration. The identification must not be on
a removable plate or placard and shall must be kept clean and
visible at all times; except that a removable plate or placard
may be utilized on vehicles leased or loaned to a political
subdivision or to a nonpublic high school driver education
program.
Sec. 30. Minnesota Statutes 2000, section 168.013,
subdivision 1d, is amended to read:
Subd. 1d. [TRAILER.] (a) On trailers registered at a gross
vehicle weight of greater than 3,000 pounds, the annual tax is
based on total gross weight and is 30 percent of the Minnesota
base rate prescribed in subdivision 1e, when the gross weight is
15,000 pounds or less, and when the gross weight of a trailer is
more than 15,000 pounds, the tax for the first eight years of
vehicle life is 100 percent of the tax imposed in the Minnesota
base rate schedule, and during the ninth and succeeding years of
vehicle life the tax is 75 percent of the Minnesota base rate
prescribed by subdivision 1e, but in no event less than $5,
provided, that the tax on trailers with a total gross weight of
3,000 pounds or less is payable biennially.
(b) Farm trailers with a gross weight in excess of 10,000
pounds and as described in section 168.011, subdivision 17, are
taxed as farm trucks as prescribed in subdivision 1c.
(c) Effective on and after July 1, 2001, trailers
registered at a gross vehicle weight of 3,000 pounds or less
must display a distinctive plate. The registration on the
license plate is valid for the life of the trailer only if it
remains registered at the same gross vehicle weight. The
onetime registration tax for trailers registered for the first
time in Minnesota is $55. For trailers registered in Minnesota
before July 1, 2001, and for which:
(1) registration is desired for the remaining life of the
trailer, the registration tax is $25; or
(2) permanent registration is not desired, the biennial
registration tax is $10 for the first renewal if registration is
renewed between and including July 1, 2001, and June 30, 2003.
These trailers must be issued permanent registration at the
first renewal on or after July 1, 2003, and the registration tax
is $20.
For trailers registered at a gross weight of 3,000 pounds or
less before July 1, 2001, but not renewed until on or after July
1, 2003, the registration tax is $20 and permanent registration
must be issued.
Sec. 31. Minnesota Statutes 2000, section 168.09,
subdivision 7, is amended to read:
Subd. 7. [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.]
(a) A vehicle that displays a special plate issued under section
168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123;
168.124; 168.125; 168.126; 168.128; or 168.129 may display a
temporary permit in conjunction with expired registration if:
(1) the current registration tax and all other fees have
been paid in full; and
(2) the plate requires replacement under section 168.12,
subdivision 1, paragraph (b), clause (3).
(b) A vehicle that is registered under section 168.10 may
display a temporary permit in conjunction with expired
registration, with or without a registration license plate, if:
(1) the license plates have been applied for and the
registration tax has been paid in full, as provided for in
section 168.10; and
(2) the vehicle is used solely as a collector vehicle while
displaying the temporary permit and not used for general
transportation purposes.
(b) (c) The permit is valid for a period of 60 days. The
permit must be in a form prescribed by the commissioner of
public safety and whenever practicable must be posted upon the
driver's side of the rear window on the inside of the vehicle.
The permit is valid only for the vehicle for which it was issued
to allow a reasonable time for the new license plates to be
manufactured and delivered to the applicant.
Sec. 32. Minnesota Statutes 2000, section 168.12,
subdivision 1, is amended to read:
Subdivision 1. [NUMBER PLATES; DESIGN, VISIBILITY, PERIODS
OF ISSUANCE.] (a) The registrar, upon the approval and payment,
shall issue to the applicant the number plates required by law,
bearing the state name and the number assigned. The number
assigned may be a combination of a letter or sign with figures.
The color of the plates and the color of the abbreviation of the
state name and the number assigned shall be in marked contrast.
The plates shall be lettered, spaced, or distinguished to
suitably indicate the registration of the vehicle according to
the rules of the registrar, and when a vehicle is registered on
the basis of total gross weight, the plates issued shall clearly
indicate by letters or other suitable insignia the maximum gross
weight for which the tax has been paid. These number plates
shall be so treated as to be at least 100 times brighter than
the conventional painted number plates. When properly mounted
on an unlighted vehicle, these number plates, when viewed from a
vehicle equipped with standard headlights, shall be visible for
a distance of not less than 1,500 feet and readable for a
distance of not less than 110 feet.
(b) The registrar shall issue these number plates for the
following periods:
(1) New number plates issued pursuant to section 168.012,
subdivision 1, shall be issued to a vehicle for as long as it is
owned by the exempt agency and shall not be transferable from
one vehicle to another but may be transferred with the vehicle
from one tax-exempt agency to another.
(2) Plates issued for passenger automobiles as defined in
section 168.011, subdivision 7, shall be issued for a seven-year
period. All plates issued under this paragraph must be replaced
if they are seven years old or older at the time of annual
registration or will become so during the registration period.
(3) Number plates issued under sections 168.053 and 168.27,
subdivisions 16 and 17, shall be for a seven-year period.
(4) Number plates issued under subdivisions 2c and 2d and
section 168.123 shall be issued for the life of the veteran
under section 169.79.
(5) Plates for any vehicle not specified in clauses (1) to
(3), except for trailers as hereafter provided, shall be issued
for the life of the vehicle. Beginning with number plates
issued for the year 1981, plates issued for trailers with a
total gross weight of 3,000 pounds or less shall be issued for
the life of the trailer and shall be not more than seven inches
in length and four inches in width.
(c) In a year in which plates are not issued, the registrar
shall issue for each registration a tab or sticker to designate
the year of registration. This tab or sticker shall show the
calendar year or years for which issued, and is valid only for
that period. The number plates, number tabs, or stickers issued
for a motor vehicle may not be transferred to another motor
vehicle during the period for which it is issued, except a motor
vehicle registered under section 168.187.
(d) Notwithstanding any other provision of this
subdivision, number plates issued to a vehicle which is used for
behind-the-wheel instruction in a driver education course in a
public school may be transferred to another vehicle used for the
same purpose without payment of any additional fee. The
registrar shall be notified of each transfer of number plates
under this paragraph and may prescribe a form for notification.
Sec. 33. Minnesota Statutes 2000, section 168.1291,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] For purposes of this section
"special license plates" means license plates issued under
sections 168.12, subdivisions 2b to and 2e; 168.123; 168.1235;
and 168.129.
Sec. 34. Minnesota Statutes 2000, section 168.27,
subdivision 12a, is amended to read:
Subd. 12a. [GROUNDS FOR CANCELLATION WITHOUT HEARING;
NOTICE REQUIRED.] (a) A license may be canceled by the registrar
after notice to the dealer, upon satisfactory proof that the
dealer: (1) has failed to provide or maintain the required
surety bond, or that the dealer; (2) has failed to provide or
maintain the insurance required under chapter 65B; or (3) is no
longer operating at the dealer's licensed location.
(b) Surety companies and insurers providing required
coverages shall promptly notify the registrar upon canceling any
surety bond or required insurance. The registrar shall notify
the dealer of the reason or reasons for cancellation before the
cancellation occurs.
Sec. 35. Minnesota Statutes 2000, section 168.27,
subdivision 20, is amended to read:
Subd. 20. [APPLICATION TO SALE OF OTHER VEHICLES.] (a)
This section shall does not apply:
(1) to any person, copartnership, or corporation engaged in
the business of selling vehicles designed to operate exclusively
over snow, motor scooters, motorized wheelchairs, utility
trailers, farm wagons, farm trailers, or farm tractors or other
farm implements, whether self-propelled or not, and even
though such wagons, trailers, tractors or implements a vehicle
listed in this clause may be equipped with a trailer hitch,; or
(2) to any person licensed as a real estate broker or
salesperson pursuant to chapter 82, who engages in the business
of selling, or who offers to sell, or who solicits or advertises
the sale of manufactured homes affixed to land, unless such.
(b) However, this section does apply to a person,
copartnership, or corporation shall described in paragraph (a)
who is also be engaged in the business of selling other motor
vehicles or manufactured homes within the provisions of this
section.
(b) (c) As used in this subdivision the term "utility
trailer" has the following meaning:, "utility trailer" means a
motorless vehicle, other than a boat trailer or snowmobile
trailer, equipped with one or two wheels and, having a carrying
capacity of 2000 gross vehicle weight of 4,000 pounds or less,
and used for carrying property on its own structure while being
drawn by a motor vehicle.
Sec. 36. Minnesota Statutes 2000, section 168.33,
subdivision 7, is amended to read:
Subd. 7. [FILING FEE.] (a) In addition to all other
statutory fees and taxes, a filing fee of $3.50 is imposed on
every application:
(i) $4.50 is imposed on every motor vehicle registration
renewal, excluding pro rate transactions; and
(ii) $7 is imposed on every other type of vehicle
transaction, including pro rate transactions;
except that a filing fee may not be charged for a document
returned for a refund or for a correction of an error made by
the department of public safety, a licensed auto dealer, or a
deputy registrar. The filing fee shall must be shown as a
separate item on all registration renewal notices sent out by
the department of public safety. No filing fee or other fee may
be charged for the permanent surrender of a certificate of title
and license plates for a motor vehicle.
(b) Filing fees collected under this subdivision by the
registrar department must be paid into the state treasury and
credited to the highway user tax distribution fund, except fees
for registrations of motor vehicles. Filing fees collected for
registrations of motor vehicles in conjunction with a title
transfer or first application in this state must be paid into
the state treasury with 50 percent of the money credited to the
general fund and 50 percent credited to the highway user tax
distribution fund.
(c) A motor vehicle dealer shall retain $2.50 of each
filing fee imposed under this subdivision for a completed
transaction involving the sale of a motor vehicle to or by a
licensed dealer, if the dealer electronically transmits the
transaction to the department or deputy registrar. The
department shall develop procedures to implement this
subdivision in consultation with Minnesota Deputy Registrar
Association and Minnesota Automobile Dealers Association.
Deputy registrars shall not be prohibited from receiving and
processing required documents supporting an electronic
transaction.
Sec. 37. Minnesota Statutes 2000, section 168.381, is
amended to read:
168.381 [MANUFACTURE OF VEHICLE LICENSE NUMBER PLATES;
APPROPRIATIONS.]
Subdivision 1. [CORRECTIONAL FACILITIES; OTHER
MANUFACTURERS.] (a) License number plates required by law may be
manufactured by the Minnesota correctional facility-St. Cloud,
the Minnesota correctional facility-Stillwater, or other
facility established by law for the confinement of persons
convicted of felony, upon order from the registrar of motor
vehicles, such. The order to must state the quality of material
desired in such the plates, the plate specifications thereof,
and the amount or number desired.
(b) Should the commissioner of corrections decide not to
supply the required quantity of license plates, or discontinue
the manufacture of plates, the commissioner of public safety is
authorized to seek other suppliers on a competitive basis.
Subd. 2. [LABORATORY TESTING; COSTS.] (a) Materials
purchased to be used in the manufacture of such motor vehicle
number plates shall must be tested as to conformance with
specifications established by the commissioner of public safety
in a privately operated laboratory service to be designated by
the commissioner. The cost of such the laboratory shall must be
included in the cost of materials purchased.
(b) The cost of delivery of such number plates to the
commissioner of public safety at places which designated by the
commissioner may designate shall must be included in the
expenses incurred in their manufacture.
Subd. 3. [SPECIFICATIONS.] The commissioner of public
safety shall establish new or revised specifications for the
material and equipment used in the manufacture of number plates
ordered for manufacture after August 1, 1975, and may from time
to time revise such the specifications,; provided that such
the specifications conform to the requirements of section 168.12.
In establishing new or revised specifications, the commissioner
shall consult with and give consideration to the advice and
recommendations of representatives of the Minnesota state
patrol, local police officers' associations, and the county
sheriffs' association.
(c) Subd. 4. [APPROPRIATIONS.] (a) Money appropriated to
the department of public safety to procure the plates for any
fiscal year or years shall be are available for allotment,
encumbrance, and expenditure from and after the date of the
enactment of such the appropriation. Materials and equipment
used in the manufacture of such number plates are subject only
to the approval of the commissioner of public safety.
(d) (b) This section contemplates that money to be
appropriated to the department of public safety in order to
carry out the terms and provisions of this section will be
appropriated by the legislature from the highway user tax
distribution fund.
(c) A sum sufficient is appropriated annually from the
highway user tax distribution fund to the commissioner of public
safety to pay the costs of purchasing, delivering, and mailing
motor vehicle license number plates, license plate registration
tabs or stickers, and license plate registration notices.
Sec. 38. [168A.101] [CANCELLATION OF MOTOR VEHICLE SALE.]
Subdivision 1. [REQUIRED DOCUMENTATION.] If the parties
cancel a purchase of a motor vehicle after the transfer of
interest, they must submit within 90 days of the original
purchase date the following items:
(1) the outstanding certificate of title with proper
assignment; and
(2) an affidavit correcting ownership signed by the parties.
Subd. 2. [REFUNDS.] A party may be eligible for a refund
of taxes and fees only if the items indicated in subdivision 1
are submitted within the 90-day time frame unless otherwise
provided by law.
Sec. 39. Minnesota Statutes 2000, section 169.09,
subdivision 8, is amended to read:
Subd. 8. [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.]
Every A law enforcement officer who, in the regular course of
duty, investigates a motor vehicle accident of which report must
be made as required in that must be reported under this section,
either at the time of and at the scene of the accident or
thereafter by interviewing participants or witnesses, shall,
within ten days after the date of such the accident, forward a
an electronic or written report of such the accident to the
commissioner of public safety.
Sec. 40. Minnesota Statutes 2000, section 169.09,
subdivision 9, is amended to read:
Subd. 9. [ACCIDENT REPORT FORMS.] The department of public
safety shall prepare, and electronic or written forms for
accident reports required under this section. Upon request the
department shall supply the forms to police departments,
coroners, sheriffs, garages, and other suitable agencies or
individuals, forms for accident reports required hereunder,.
The forms must be appropriate with respect to the persons
required to make such the reports and the purposes to be
served. The electronic or written reports report forms to be
made completed by persons involved in accidents and by
investigating officers shall must call for sufficiently detailed
information to disclose with reference to a traffic accident the
causes, conditions then existing, and the persons and vehicles
involved.
Sec. 41. Minnesota Statutes 2000, section 169.09,
subdivision 10, is amended to read:
Subd. 10. [USE OF FORM REQUIRED.] Every A required
accident report required to be made in writing shall must be
made on the an appropriate form approved by the department of
public safety and contain all of the information
required therein unless not available.
Sec. 42. Minnesota Statutes 2000, section 169.18,
subdivision 1, is amended to read:
Subdivision 1. [KEEP TO THE RIGHT.] Upon all roadways of
sufficient width a vehicle shall be driven upon the right half
of the roadway, except as follows:
(1) when overtaking and passing another vehicle proceeding
in the same direction under the rules governing such movement;
(2) when the right half of a roadway is closed to traffic
while under construction or repair;
(3) upon a roadway divided into three marked lanes for
traffic under the rules applicable thereon; or
(4) upon a roadway designated and signposted for one-way
traffic as a one-way roadway; or
(5) as necessary to comply with subdivision 11 when
approaching an authorized emergency vehicle parked or stopped on
the roadway.
[EFFECTIVE DATE.] This section is effective June 1, 2001.
Sec. 43. Minnesota Statutes 2000, section 169.18, is
amended by adding a subdivision to read:
Subd. 11. [PASSING PARKED EMERGENCY VEHICLE.] When
approaching and before passing an authorized emergency vehicle
that is parked or otherwise stopped on or next to a street or
highway having two or more lanes in the same direction, the
driver of a vehicle shall safely move the vehicle to a lane away
from the emergency vehicle.
[EFFECTIVE DATE.] This section is effective June 1, 2001.
Sec. 44. Minnesota Statutes 2000, section 169.67,
subdivision 3, is amended to read:
Subd. 3. [TRAILER, SEMITRAILER.] (a) No trailer or
semitrailer with a gross weight of 3,000 or more pounds, or a
gross weight that exceeds the empty weight of the towing
vehicle, may be drawn on a highway unless it is equipped with
brakes that are adequate to control the movement of and to stop
and hold the trailer or semitrailer. A surge brake on a trailer
or semitrailer meets the requirement of this paragraph for
brakes adequate to stop and hold the trailer or semitrailer.
(b) No trailer or semitrailer that is required to have
brakes and that has a gross weight of more than 6,000 pounds may
be drawn on a highway unless it is equipped with brakes that are
so constructed that they are adequate to stop and hold the
trailer or semitrailer whenever it becomes detached from the
towing vehicle.
(c) Except as provided in paragraph (d), paragraph (a) does
not apply to:
(1) a trailer used by a farmer while transporting farm
products produced on the user's farm, or supplies back to the
farm of the trailer's user;
(2) a towed custom service vehicle drawn by a motor vehicle
that is equipped with brakes that meet the standards of
subdivision 5, provided that such a towed custom service vehicle
that exceeds 30,000 pounds gross weight may not be drawn at a
speed of more than 45 miles per hour;
(3) a trailer or semitrailer operated or used by retail
dealers of implements of husbandry while engaged exclusively in
the delivery of implements of husbandry;
(4) a motor vehicle drawn by another motor vehicle that is
equipped with brakes that meet the standards of subdivision 5;
(5) a tank trailer of not more than 12,000 pounds gross
weight owned by a distributor of liquid fertilizer while engaged
exclusively in transporting liquid fertilizer, or gaseous
fertilizer under pressure;
(6) a trailer of not more than 12,000 pounds gross weight
owned by a distributor of dry fertilizer while engaged
exclusively in the transportation of dry fertilizer; and
(7) a disabled vehicle while being towed to a place of
repair.
(d) Vehicles described in paragraph (c), clauses (1), (3),
and (4), may be operated without complying with paragraph (a)
only if the trailer or semitrailer does not exceed the following
gross weights:
(1) 3,000 pounds while being drawn by a vehicle registered
as a passenger automobile, other than a pickup truck as defined
in section 168.011, subdivision 29;
(2) 12,000 pounds while being drawn by any other motor
vehicle except a self-propelled implement of husbandry.
Sec. 45. Minnesota Statutes 2000, section 169.79, is
amended to read:
169.79 [VEHICLE REGISTRATION.]
(a) No person shall operate, drive, or park a motor vehicle
on any highway unless the vehicle is registered in accordance
with the laws of this state and has the number plates for the
current year only or permit confirming that valid registration
or operating authority has been obtained, except as provided in
sections 168.10 and 168.12, subdivision 2f, as assigned to it by
the commissioner of public safety, conspicuously displayed
thereon in a manner that the view of any plate or permit is not
obstructed. A plate issued under section 168.27 or a permit
issued under chapter 168 may be displayed on a vehicle in
conjunction with expired registration whether or not it displays
the license plate to which the last registration was issued.
(b) If the vehicle is a semitrailer, the number plate
displayed must be assigned to the registered owner and correlate
to the certificate of title documentation on file with the
department and shall not display a year indicator.
(c) If the vehicle is a motorcycle, motor scooter,
motorized bicycle, motorcycle sidecar, trailer, semitrailer, or
vehicle displaying a dealer plate, one plate shall must be
displayed on the rear thereof of the vehicle.
(d) If the vehicle is (1) a collector's vehicle with a
pioneer, classic car, collector, or street rod license; (2) a
vehicle that meets the requirements of a pioneer, classic, or
street rod vehicle except that the vehicle is used for general
transportation purposes; or (3) a vehicle that is of model year
1972 or earlier, not registered under section 168.10,
subdivision 1c, and is used for general transportation purposes,
one plate shall must be displayed on the rear of the vehicle, or
one plate on the front and one on the rear, at the discretion of
the owner.
(e) If the vehicle is a truck-tractor, road-tractor or farm
truck, as defined in section 168.011, subdivision 17, but
excluding from that definition semitrailers and trailers, one
plate shall must be displayed on the front thereof of the
vehicle.
(f) If the motor vehicle is any kind of motor vehicle other
than those provided for in paragraphs (b) to (d), one plate
shall must be displayed on the front and one on the rear thereof
of the vehicle.
(g) All plates shall must be securely fastened so as to
prevent them from swinging. The person driving the motor
vehicle shall keep the plate legible and unobstructed and free
from grease, dust, or other blurring material so that the
lettering shall be is plainly visible at all times. It is
unlawful to cover any assigned letters and numbers or the name
of the state of origin of a license plate with any material
whatever, including any clear or colorless material that affects
the plate's visibility or reflectivity.
(h) License plates issued to vehicles registered under
section 168.017 must display the month of expiration in the
lower left corner as viewed facing the plate and the year of
expiration in the lower right corner as viewed facing the plate.
License plates issued to vehicles registered under section
168.127 must display either fleet registration validation
stickers in the lower right corner as viewed facing the plates
or distinctive license plates, issued by the registrar, with
"FLEET REG" embossed on the bottom center portion of the plate.
Sec. 46. Minnesota Statutes 2000, section 171.07,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE; CONTENTS.] The department shall,
Upon the payment of the required fee, the department shall issue
to every qualifying applicant qualifying therefor a license
designating the type or class of vehicles the applicant is
authorized to drive as applied for, which. This license shall
must bear thereon a distinguishing number assigned to the
licensee, the full name, date of birth, residence address and
permanent mailing address if different, a description of the
licensee in such manner as the commissioner deems necessary, and
a space upon which the licensee shall write the usual signature
and the date of birth of the licensee with pen and ink. No
license shall be is valid until it has been so signed by the
licensee. Except in the case of an instruction permit, every
license shall must bear thereon a colored photograph or an
electronically produced image of the licensee. Every license
issued to an applicant under the age of 21 shall must be of a
distinguishing color and plainly marked "Under-21." The
department shall use such process or processes in the issuance
of licenses that prohibits, as near as possible, the ability to
alter or reproduce the licenses, or prohibit the ability to
superimpose a photograph or electronically produced image on
such the licenses, without ready detection. A license issued to
an applicant of age 65 or over shall must be plainly marked
"senior" if requested by the applicant.
Sec. 47. Minnesota Statutes 2000, section 171.183,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] For the purposes of
sections 171.182 to 171.184, a judgment is satisfied if:
(1) $25,000 $30,000 has been credited upon any judgment or
judgments rendered in excess of that amount because of bodily
injury to or death of one person as the result of any one
accident;
(2) subject to the limit of $25,000 $30,000 because of
bodily injury to or death of one person, the sum
of $50,000 $60,000 has been credited upon any judgment or
judgments rendered in excess of that amount because of bodily
injury to or death of two or more persons as the result of any
one accident; or
(3) $10,000 has been credited upon any judgment or
judgments rendered in excess of that amount because of damage to
or destruction of property of others as a result of any one
accident.
Sec. 48. Minnesota Statutes 2000, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except
under section 169A.52 or 169A.54, shall pay a $30 fee before the
driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169A.52 or 169A.54 shall
pay a $250 fee plus a $40 surcharge before the driver's license
is reinstated. The $250 fee is to be credited as follows:
(1) Twenty percent must be credited to the trunk highway
fund.
(2) Fifty-five percent must be credited to the general fund.
(3) Eight percent must be credited to a separate account to
be known as the bureau of criminal apprehension account. Money
in this account may be appropriated to the commissioner of
public safety and the appropriated amount must be apportioned 80
percent for laboratory costs and 20 percent for carrying out the
provisions of section 299C.065.
(4) Twelve percent must be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account is appropriated as follows:
(i) the first $200,000 in a fiscal year 2002:
(A) the first $200,000 to the commissioner of children,
families, and learning for programs for elementary and secondary
school students; and
(ii) (B) the remainder credited in a fiscal year to the
commissioner of transportation public safety to be spent as
grants through March 31, 2002, to the Minnesota highway safety
center at St. Cloud State University for programs relating to
alcohol and highway safety education in elementary and secondary
schools and then from April 1, 2002, through June 30, 2002, for
programs described in item (ii); and
(ii) after June 30, 2002, to the commissioner of public
safety for grants for programs relating to alcohol and highway
safety education in elementary and secondary schools.
(5) Five percent must be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. The money in the account is annually appropriated to
the commissioner of health to be used as follows: 35 percent
for a contract with a qualified community-based organization to
provide information, resources, and support to assist persons
with traumatic brain injury and their families to access
services, and 65 percent to maintain the traumatic brain injury
and spinal cord injury registry created in section 144.662. For
the purposes of this clause, a "qualified community-based
organization" is a private, not-for-profit organization of
consumers of traumatic brain injury services and their family
members. The organization must be registered with the United
States Internal Revenue Service under section 501(c)(3) as a
tax-exempt organization and must have as its purposes:
(i) the promotion of public, family, survivor, and
professional awareness of the incidence and consequences of
traumatic brain injury;
(ii) the provision of a network of support for persons with
traumatic brain injury, their families, and friends;
(iii) the development and support of programs and services
to prevent traumatic brain injury;
(iv) the establishment of education programs for persons
with traumatic brain injury; and
(v) the empowerment of persons with traumatic brain injury
through participation in its governance.
No patient's name, identifying information or identifiable
medical data will be disclosed to the organization without the
informed voluntary written consent of the patient or patient's
guardian, or if the patient is a minor, of the parent or
guardian of the patient.
(c) The $40 surcharge must be credited to a separate
account to be known as the remote electronic alcohol monitoring
program account. The commissioner shall transfer the balance of
this account to the commissioner of finance on a monthly basis
for deposit in the general fund.
(d) When these fees are collected by a licensing agent,
appointed under section 171.061, a handling charge is imposed in
the amount specified under section 171.061, subdivision 4. The
reinstatement fees and surcharge must be deposited in an
approved state depository as directed under section 171.061,
subdivision 4.
Sec. 49. Minnesota Statutes 2000, section 171.39, is
amended to read:
171.39 [EXEMPTIONS.]
(a) The provisions of sections 171.33 to 171.41 shall do
not apply: to any person giving driver training lessons without
charge; to employers maintaining driver training schools without
charge for their employees only; to a home-school within the
meaning of sections 120A.22 and 120A.24; or to schools or
classes conducted by colleges, universities, and high schools as
a part of the normal program for such those institutions; nor to
those schools or persons described in section 171.05,
subdivision 2.
(b) Any person who is a certificated driver training
instructor in a high school driver training program may give
driver training instruction to persons over the age of 18
without acquiring a driver training school license or
instructor's license, and such those instructors may make a
charge for that instruction, if there is no private commercial
driver training school licensed under this statute sections
171.33 to 171.41 within ten miles of the municipality where such
driver training instruction is given and there is no adult
drivers training program in effect in the schools of the school
district in which the trainee resides.
Sec. 50. [161.391] [PAVEMENT STRIPING.]
The commissioner of transportation may bill highway
maintenance operating units of the department and local road
authorities for the costs of a centrally managed, pavement
marking program. These costs may include equipment acquisition
and rental, labor, materials, and other costs as determined by
the commissioner. Receipts must be credited to a special
account, which is established in the trunk highway fund, and are
appropriated to the commissioner to pay the costs for which the
billings are made. Amounts credited to the account are exempt
from statewide and agency indirect costs payments.
Sec. 51. Minnesota Statutes 2000, section 174.24,
subdivision 3b, is amended to read:
Subd. 3b. [OPERATING ASSISTANCE.] (a) The commissioner
shall determine the total operating cost of any public transit
system receiving or applying for assistance in accordance with
generally accepted accounting principles. To be eligible for
financial assistance, an applicant or recipient shall provide to
the commissioner all financial records and other information and
shall permit any inspection reasonably necessary to determine
total operating cost and correspondingly the amount of
assistance which may be paid to the applicant or recipient.
Where more than one county or municipality contributes
assistance to the operation of a public transit system, the
commissioner shall identify one as lead agency for the purpose
of receiving moneys money under this section.
(b) Prior to distributing operating assistance to eligible
recipients for any contract period, the commissioner shall place
all recipients into one of the following classifications: large
urbanized area service, urbanized area service, small urban area
service, rural area service, and elderly and handicapped
service. The commissioner shall distribute funds under this
section so that the percentage of total operating cost paid by
any recipient from local sources will not exceed the percentage
for that recipient's classification, except as provided in an
undue hardship case. The percentages shall must be: for large
urbanized area service, 50 percent; for urbanized area service
and small urban area service, 40 percent; for rural area
service, 35 percent; and for elderly and handicapped service, 35
percent. The remainder of the total operating cost will be paid
from state funds less any assistance received by the recipient
from any federal source. For purposes of this subdivision
"local sources" means all local sources of funds and includes
all operating revenue, tax levies, and contributions from public
funds, except that the commissioner may exclude from the total
assistance contract revenues derived from operations the cost of
which is excluded from the computation of total operating cost.
Total operating costs of the Duluth transit authority or a
successor agency shall not include costs related to the
Superior, Wisconsin service contract and the independent school
district No. 709 service contract.
(c) If a recipient informs the commissioner in writing
after the establishment of these percentages but prior to the
distribution of financial assistance for any year that paying
its designated percentage of total operating cost from local
sources will cause undue hardship, the commissioner may reduce
the percentage to be paid from local sources by the recipient
and increase the percentage to be paid from local sources by one
or more other recipients inside or outside the classification,
provided that no recipient shall have its percentage thus
reduced or increased for more than two years successively. If
for any year the funds appropriated to the commissioner to carry
out the purposes of this section are insufficient to allow the
commissioner to pay the state share of total operating cost as
provided in this paragraph, the commissioner shall reduce the
state share in each classification to the extent necessary.
Sec. 52. Minnesota Statutes 2000, section 174.35, is
amended to read:
174.35 [LIGHT RAIL TRANSIT.]
The commissioner of transportation may exercise the powers
granted in this chapter and chapter 473, as necessary, to plan,
design, acquire, construct, and equip light rail transit
facilities in the metropolitan area as defined in section
473.121, subdivision 2. The commissioner shall not spend state
funds to study light rail transit unless the funds are
appropriated in legislation that identifies the route, including
the origin and destination.
Sec. 53. [174.36] [NOTICE OF STUDIES OF HIGH-SPEED RAIL.]
The commissioner shall notify the chairs of the senate and
house of representatives committees with jurisdiction over
transportation finance whenever the commissioner spends state
funds to study high-speed intercity passenger rail service.
Sec. 54. Minnesota Statutes 2000, section 174.55,
subdivision 4, is amended to read:
Subd. 4. [COMMISSIONER REPORT.] The commissioner of
transportation shall report to the commission not later than
July 15 of each year. The report must consist of a listing of
candidate projects that meet the criteria of major
transportation projects within the definition in subdivision 5,
and a listing of proposed projects for study that the
commissioner believes have the potential of being major
transportation projects but do not have draft environmental
impact statements. The report must include the commissioner's
plan for funding and implementation of each project.
Sec. 55. Minnesota Statutes 2000, section 174.55,
subdivision 5, is amended to read:
Subd. 5. [MAJOR TRANSPORTATION PROJECT.] A major
transportation project is a project that meets each of the
following criteria:
(1) involves the department of transportation;
(2) has a total cost of more than $5,000,000 has a
construction cost, in the year in which construction is expected
to begin, that exceeds 25 percent of the estimated annual
construction program of the department division or construction
district in which the project is located; and
(3) is a critical element of the transportation system of
its region and the state; and
(4) has a completed draft environmental impact statement.
Sec. 56. Minnesota Statutes 2000, section 174.70,
subdivision 2, is amended to read:
Subd. 2. [IMPLEMENTATION.] In order to facilitate
construction and maintenance of the initial backbone of the the
state's communications system described in subdivision 1 systems
and to reduce the proliferation of communications towers, the
commissioner shall may, by purchase, lease, gift, exchange, or
other means, obtain sites for the erection of towers and the
location of equipment and shall may construct buildings and
structures needed for developing the system state's
communications systems. The commissioner may negotiate with
commercial wireless service providers and other tower owners to
obtain sites, towers, and equipment. Notwithstanding sections
161.433, 161.434, 161.45, and 161.46, the commissioner may by
agreement lease, allow, or permit commercial wireless service
providers or other tower owners to install privately owned
equipment on state-owned lands, buildings, and other structures
under the jurisdiction of the commissioner when it is practical
and feasible to do so. The commissioner shall annually publish
a list of state-owned tower sites that are available to
commercial wireless service providers and other tower owners for
installation of their equipment on a first-come, first-served
basis for each tower or site. The commissioner may not make
agreements that grant the exclusive use of towers. After the
commissioner has agreed to make space available on a specific
tower or at a specific site, the commissioner shall charge a
site use fee for the value of the real property or structure
made available. In lieu of a site use fee, the commissioner may
make agreements with commercial wireless service providers or
other tower owners to place state equipment on privately owned
towers and may accept (1) improvements such as tower
reinforcement, reconstruction, site development, or other site
improvements to state-owned public safety the state's
communications system facilities or real or personal property,
or (2) services provided by a commercial wireless service
provider. This section does not create a right to install
privately owned towers on the trunk highway right-of-way.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 57. Minnesota Statutes 2000, section 174.70,
subdivision 3, is amended to read:
Subd. 3. [DEPOSIT OF FEES; APPROPRIATION.] Fees collected
under subdivision 2 must be deposited in the trunk highway
fund. The fees so collected are appropriated to the
commissioner to pay for the commissioner's share and state
patrol's share of the costs of constructing developing and
maintaining the communication system sites communications
systems that serve state agencies.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 58. Minnesota Statutes 2000, section 174.88,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURE OF STATE FUNDS.] The commissioner
shall not spend any state funds for construction or equipment of
commuter rail facilities unless the funds have been appropriated
by law specifically for those purposes. The commissioner shall
not spend state funds to study commuter rail unless the funds
are appropriated in legislation that identifies the route,
including origin and destination.
Sec. 59. [219.166] [ESTABLISHMENT OF QUIET ZONES.]
A county, statutory or home rule charter city, or town may
by ordinance establish a defined "quiet zone" in which the
sounding of horns, whistles, or other audible warnings by
locomotives is regulated or prohibited. A quiet zone
established under this section must consist of at least one-half
mile of railroad right-of-way. All quiet zones, regulations,
and ordinances adopted under this section must conform to
federal law and the regulations of the Federal Railroad
Administration.
Sec. 60. Minnesota Statutes 2000, section 222.63,
subdivision 4, is amended to read:
Subd. 4. [DISPOSITION PERMITTED.] (a) The commissioner may
lease any rail line or right-of-way held in the state rail bank
or enter into an agreement with any person for the operation of
any rail line or right-of-way for any of the purposes set forth
in subdivision 2 in accordance with a fee schedule to be
developed by the commissioner.
(b) The commissioner may convey any rail line or
right-of-way, for consideration or for no consideration and upon
other terms as the commissioner may determine to be in the
public interest, to any other state agency or to a governmental
subdivision of the state having power by law to utilize it for
any of the purposes set forth in subdivision 2.
(c) The commissioner may convey a portion of previously
acquired rail bank right-of-way to a state agency or
governmental subdivision when the commissioner determines that:
(1) the portion to be conveyed is in excess of that needed
for the purposes stated in subdivision 2;
(2) the conveyance is upon terms and conditions agreed upon
by both the commissioner and the state agency or governmental
subdivision;
(3) after the sale, the rail bank corridor will continue to
meet the future public and commercial transportation and
transmission needs of the state; and
(4) the conveyance will not reduce the width of the rail
bank corridor to less than 50 feet.
(d) The commissioner may lease previously acquired state
rail bank right-of-way to a state agency or governmental
subdivision or to a private entity for nontransportation
purposes when:
(1) the portion to be leased is in excess of that needed
for the purposes stated in subdivision 2;
(2) the lease will not reduce the useable width of the rail
bank corridor to less than 50 feet;
(3) the cost of the lease is based on the fair market value
of the portion to be leased, as determined by appraisal;
(4) the lease allows the commissioner to terminate the
lease on 90 days' written notice to the lessee; and
(5) the lease prohibits the construction or erection of any
permanent structure within the 50-foot rail bank corridor and
requires any structure erected on the leased property to be
removed and the land restored to its original condition on 90
days' written notice to the lessee.
(e) Proceeds from a sale shall or lease must be deposited
in the rail bank maintenance account described in subdivision 8.
Sec. 61. Minnesota Statutes 2000, section 237.04, is
amended to read:
237.04 [WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.]
(a) The department shall determine and promulgate
reasonable rules covering the maintenance and operation, also
the nature, location, and character of the construction to be
used, where telephone, telegraph, electric light, power, or
other electric wires of any kind, or any natural gas pipelines,
cross, or more or less parallel the lines of any railroad,
interurban railway, or any other similar public service
corporation; and, to this end, shall formulate and from time to
time, issue general rules covering each class of construction,
maintenance, and operation of such telephone, telegraph,
telecommunications, cable, fiber optic, electric wire, or
natural gas pipeline crossing, or paralleling, under the various
conditions existing; and the department, upon the complaint of
any person, railroad, interurban railway, municipal utility,
cooperative electric association, telephone company,
telecommunications carrier, cable company, fiber optic carrier,
or other public utility claiming to be injuriously affected or
subjected to hazard by any such crossing or paralleling lines
constructed or about to be constructed, shall, after a hearing,
make such order and prescribe such terms and conditions for the
construction, maintenance, and operation of the lines in
question as may be just and reasonable.
(b) The department may, upon request of any municipal
utility, electric cooperative association, or public utility,
telephone company, telecommunications carrier, cable company, or
fiber optic carrier determine the just and reasonable charge
which a railroad, or owner of an abandoned railroad
right-of-way, other than the state or a regional railroad
authority, can prescribe for a new or existing crossing of a
railroad right-of-way by an any telephone, telegraph,
telecommunications, cable, fiber optic, electric, or gas line,
or new or existing telephone, telegraph, telecommunications,
cable, fiber optic, electric, or gas lines more or less
paralleling a railroad right-of-way, based on the diminution in
value caused by the crossing or paralleling of the right-of-way
by the telephone, telegraph, telecommunications, cable, fiber
optic, electric, or gas line. This section shall not be
construed to eliminate the right of a public utility, municipal
utility, or electric cooperative association to have any of the
foregoing issues determined pursuant to an eminent domain
proceeding commenced under chapter 117. Unless the railroad, or
owner of an abandoned railroad right-of-way, other than the
state or a regional railroad authority, asserts in writing that
the proposed crossing or paralleling is a serious threat to the
safe operations of the railroad or to the current use of the
railroad right-of-way, a crossing can be constructed following
filing of the requested action with the department, pending
review of the requested action by the department.
(c) The department shall assess the cost of reviewing the
requested action, and of determining a just and reasonable
charge, equally among the parties.
(d) For the purposes of this section, "parallel" or
"paralleling" means that the relevant utility facilities run
adjacent to and alongside the lines of a railroad for no more
than one mile, or another distance agreed to by the parties,
before the utility facilities cross the railroad lines,
terminate, or exit the railroad right-of-way.
Sec. 62. Minnesota Statutes 2000, section 296A.18,
subdivision 3, is amended to read:
Subd. 3. [SNOWMOBILE.] Approximately one percent in fiscal
years 1998, 1999, and 2000, and three-fourths of one percent
thereafter, of all gasoline received in and produced or brought
into this state, except gasoline used for aviation purposes, is
being used as fuel for the operation of snowmobiles in this
state, and of the total revenue derived from the imposition of
the gasoline fuel tax for uses other than for aviation purposes,
one percent in fiscal years 1998, 1999, and 2000, and
three-fourths of one percent thereafter, of such revenues is the
amount of tax on fuel used in snowmobiles operated in this state.
Sec. 63. Minnesota Statutes 2000, section 297A.70,
subdivision 2, as amended by H.F. No. 1, article 12, section 57,
if enacted by the First Special Session of the 2001 legislature,
is amended to read:
Subd. 2. [SALES TO GOVERNMENT.] (a) All sales, except
those listed in paragraph (b), to the following governments and
political subdivisions, or to the listed agencies or
instrumentalities of governments and political subdivisions, are
exempt:
(1) the United States and its agencies and
instrumentalities;
(2) school districts, the University of Minnesota, state
universities, community colleges, technical colleges, state
academies, the Perpich Minnesota center for arts education, and
an instrumentality of a political subdivision that is accredited
as an optional/special function school by the North Central
Association of Colleges and Schools;
(3) hospitals and nursing homes owned and operated by
political subdivisions of the state;
(4) the metropolitan council, for its purchases of
materials, supplies, and equipment vehicles and repair parts to
equip operations provided for in section 473.4051.
(5) other states or political subdivisions of other states,
if the sale would be exempt from taxation if it occurred in that
state; and
(6) sales to public libraries, public library systems,
multicounty, multitype library systems as defined in section
134.001, county law libraries under chapter 134A, state agency
libraries, the state library under section 480.09, and the
legislative reference library.
(b) This exemption does not apply to the sales of the
following products and services:
(1) building, construction, or reconstruction materials
purchased by a contractor or a subcontractor as a part of a
lump-sum contract or similar type of contract with a guaranteed
maximum price covering both labor and materials for use in the
construction, alteration, or repair of a building or facility;
(2) construction materials purchased by tax exempt entities
or their contractors to be used in constructing buildings or
facilities which will not be used principally by the tax exempt
entities;
(3) the leasing of a motor vehicle as defined in section
297B.01, subdivision 5, except for leases entered into by the
United States or its agencies or instrumentalities; or
(4) meals and lodging as defined under section 297A.61,
subdivision 3, paragraphs (d) and (g), clause (2), except for
meals and lodging purchased directly by the United States or its
agencies or instrumentalities.
(c) As used in this subdivision, "school districts" means
public school entities and districts of every kind and nature
organized under the laws of the state of Minnesota, and any
instrumentality of a school district, as defined in section
471.59.
[EFFECTIVE DATE.] This section is effective at the same
time H.F. No. 1, article 12, section 57, if enacted by the first
special session of the 2001 legislature, takes effect.
Sec. 64. Minnesota Statutes 2000, section 297B.09,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL FUND SHARE DEPOSIT OF REVENUES.]
(a) Money collected and received under this chapter must be
deposited as provided in this subdivision.
(b) From July 1, 2001, to June 30, 2002, 30.86 percent of
the money collected and received must be deposited in the
highway user tax distribution fund, and the remaining money must
be deposited in the general fund.
Thirty-two (c) On and after June 30, 2003, 32 percent of
the money collected and received must be deposited in the
highway user tax distribution fund, and the remaining 68 percent
of the money must be deposited in the general fund.
Sec. 65. Minnesota Statutes 2000, section 299A.01,
subdivision 1b, is amended to read:
Subd. 1b. [DEPARTMENT ADVERTISING SALES; APPROPRIATION.]
The commissioner may accept paid advertising for departmental
publications, media productions, or other informational
materials. Advertising revenues received are appropriated to
the commissioner to be used to defray costs of publications,
media productions, or other informational materials. The
commissioner may not accept paid advertising from an elected
official or candidate for elective office.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 66. Minnesota Statutes 2000, section 299A.41,
subdivision 4, is amended to read:
Subd. 4. [PUBLIC SAFETY OFFICER.] "Public safety officer"
includes:
(1) a peace officer defined in section 626.84, subdivision
1, paragraph (c) or (f);
(2) a correction officer employed at a correctional
facility and charged with maintaining the safety, security,
discipline, and custody of inmates at the facility;
(3) an individual employed on a full-time basis by the
state or by a fire department of a governmental subdivision of
the state, who is engaged in any of the following duties:
(i) firefighting;
(ii) emergency motor vehicle operation;
(iii) investigation into the cause and origin of fires;
(iv) the provision of emergency medical services; or
(v) hazardous material responder;
(4) a legally enrolled member of a volunteer fire
department or member of an independent nonprofit firefighting
corporation who is engaged in the hazards of firefighting;
(5) a good samaritan while complying with the request or
direction of a public safety officer to assist the officer;
(6) a reserve police officer or a reserve deputy sheriff
while acting under the supervision and authority of a political
subdivision;
(7) a driver or attendant with a licensed basic or advanced
life support transportation service who is engaged in providing
emergency care; and
(8) a first responder who is certified by the commissioner
of health emergency medical services regulatory board to perform
basic emergency skills before the arrival of a licensed
ambulance service and who is a member of an organized service
recognized by a local political subdivision to respond to
medical emergencies to provide initial medical care before the
arrival of an ambulance; and
(9) a person, other than a state trooper, employed by the
commissioner of public safety and assigned to the state patrol,
whose primary employment is the enforcement of commercial motor
vehicle laws and regulations.
Sec. 67. Minnesota Statutes 2000, section 446A.085, is
amended to read:
446A.085 [TRANSPORTATION REVOLVING LOAN FUND.]
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(a) [ACT.] (b) "Act" means the National Highway System
Designation Act of 1995, Public Law Number 104-59, as amended.
(b) [BORROWER.] (c) "Borrower" means the state, counties,
cities, and other governmental entities eligible under the act
and state law to apply for and receive loans from the
transportation revolving loan fund, the trunk highway revolving
loan account, the county state-aid highway revolving loan
account, and the municipal state-aid street revolving loan
account.
(c) [DEPARTMENT.] "Department" means the department of
transportation.
(d) [LOAN.] "Loan" means financial assistance provided for
all or part of the cost of a project including money disbursed
in anticipation of reimbursement or repayment, loan guarantees,
lines of credit, credit enhancements, equipment financing
leases, bond insurance, or other forms of financial assistance.
(e) [TRANSPORTATION COMMITTEE.] "Transportation committee"
means a committee of the Minnesota public facilities authority,
acting on behalf of the Minnesota public facilities authority,
consisting of the commissioner of the department of trade and
economic development, the commissioner of finance, and the
commissioner of transportation.
Subd. 2. [PURPOSE.] The purpose of the transportation
revolving loan fund, the trunk highway revolving loan account,
the county state-aid highway revolving loan account, and the
municipal state-aid street revolving loan account is to provide
loans and matching money for public transportation projects
eligible for financing or aid under any federal act or program
or state law, including, without limitation, the study of the
feasibility of construction, reconstruction, resurfacing,
restoring, rehabilitation, or replacement of transportation
facilities; acquisition of right-of-way; and maintenance,
repair, improvement, or construction of city, town, county, or
state highways, roads, streets, rights-of-way, bridges, tunnels,
railroad-highway crossings, drainage structures, signs,
maintenance and operation facilities, guardrails, and protective
structures used in connection with highways or transit projects.
Enhancement items, including without limitation bicycle paths,
ornamental lighting, and landscaping, are eligible for financing
provided they are an integral part of overall project design and
construction of a federal-aid highway. Money in the fund may
not be used for any toll facilities project or
congestion-pricing project.
Subd. 3. [ESTABLISHMENT OF FUND.] A transportation
revolving loan fund is established to make loans for the
purposes described in subdivision 2. A highway account is
established in the fund for highway projects eligible under
United States Code, title 23. A transit account is established
in the fund for transit capital projects eligible under United
States Code, title 49. A state funds general loan account is
established in the fund for transportation projects eligible
under state law. Other accounts may be established in the fund
as necessary for its management and administration. The
transportation revolving loan fund shall receive receives
federal money under the act and money from any source. Money
received under this section must be paid to the state treasurer
and credited to the transportation revolving loan fund. Money
in the fund is annually appropriated to the commissioner
authority and does not lapse. The fund must be credited with
investment income, and with repayments of principal and
interest, except for servicing fees assessed under sections
446A.04, subdivision 5, and 446A.11, subdivision 8.
Subd. 4. [MANAGEMENT OF FUND AND ACCOUNTS.] The authority
shall manage and administer the transportation revolving loan
fund, the trunk highway revolving loan account, the county
state-aid highway revolving loan account, and the municipal
state-aid street revolving loan account and individual accounts
in the fund. For those purposes, the authority may exercise all
powers provided in this chapter.
Subd. 5. [TRANSFER OF MONEY.] With the consent of the
transportation committee, the commissioner of transportation may
transfer money from the trunk highway revolving loan account to
the trunk highway fund, from the county state-aid highway
revolving loan account to the county state-aid highway fund, and
from the municipal state-aid street revolving loan account to
the municipal state-aid street fund.
Subd. 6. [TRANSPORTATION COMMITTEE.] The transportation
committee may authorize the making of loans to borrowers by the
authority for transportation purposes authorized by the act or
this section, without further action by the authority. The
authority may not make loans for transportation purposes without
the approval of the transportation committee. Each project must
be certified by the commissioner of transportation before its
consideration by the transportation committee.
Subd. 7. [APPLICATIONS.] Applicants for loans must submit
an application to the transportation committee on forms
prescribed by the transportation committee. The applicant must
provide the following information:
(1) the estimated cost of the project and the amount of the
loan sought;
(2) other possible sources of funding in addition to loans
sought from the transportation revolving loan fund, the trunk
highway revolving loan account, the county state-aid highway
revolving loan account, or the municipal state-aid street
revolving loan account;
(3) the proposed methods and sources of funds to be used
for repayment of loans received; and
(4) information showing the financial status and ability of
the borrower to repay loans.
Subd. 8. [CERTIFICATION OF PROJECTS.] The commissioner of
transportation shall consider the following information when
evaluating projects to certify for funding to the transportation
committee:
(1) a description of the nature and purpose of the proposed
transportation project including an explanation of the need for
the project and the reasons why it is in the public interest;
(2) the relationship of the project to the area
transportation improvement program, the approved statewide
transportation improvement program, and to any other
transportation plans required under state or federal law;
(3) the estimated cost of the project and the amount of
loans sought;
(4) proposed sources of funding in addition to loans sought
from the transportation revolving loan fund, the trunk highway
revolving loan account, the county state-aid highway revolving
loan account, or municipal state-aid street revolving loan
account;
(5) the need for the project as part of the overall
transportation system;
(6) the overall economic impact of the project; and
(7) the extent to which completion of the project will
improve the movement of people and freight.
Subd. 9. [LOAN CONDITIONS.] When making loans from the
transportation revolving loan fund, the trunk highway revolving
loan account, the county state-aid highway revolving loan
account, or the municipal state-aid street revolving loan
account, the transportation committee shall comply with the
conditions applicable provisions of the act and state law. In
addition, a loan made under this section must:
(1) bear interest at or below market rates or as otherwise
specified in federal law;
(2) have a repayment term not longer than 30 years;
(3) be fully amortized no later than 30 years after project
completion;
(4) be subject to repayment of principal and interest
beginning not later than five years after the facility financed
with a loan has been completed, or in the case of a highway
project, five years after the facility has opened to traffic;
and
(5) be made disbursed for specific project elements only
after all federal applicable environmental requirements
applicable to the project have been complied with and all
federal environmental requirements have been met.
Subd. 10. [LOANS IN ANTICIPATION OF FUTURE
APPORTIONMENTS.] A loan may be made to a county, or to a
statutory or home rule charter city having a population of 5,000
or more, in anticipation of repayment of the loan from sums that
will be apportioned to a county from the county state-aid
highway fund under section 162.07 or to a city from the
municipal state-aid street fund under section 162.14.
Subd. 11. [PAYMENT BY COUNTY OR CITY.] Notwithstanding the
allocation provisions of section 162.08 for counties, and the
apportionment provisions of section 162.14 for cities, sums
apportioned under section 162.13 to a statutory or home rule
charter city, or under section 162.07 to a county, that has loan
repayments due to the transportation revolving loan fund, the
trunk highway revolving loan account, the county state-aid
highway revolving loan account, or the municipal state-aid
street revolving loan account shall be paid by the commissioner
of transportation to the appropriate loan fund or account to
offset the loan repayments that are due.
Subd. 12. [RULES OF TRANSPORTATION COMMITTEE AND
AUTHORITY.] The commissioner of the department of trade and
economic development shall adopt administrative rules specifying
the procedures that will be used for the administration of the
duties of the transportation committee and authority. The rules
must include criteria, standards, and procedures that will be
used for making loans, determining interest rates to be charged
on loans, the amount of project financing to be provided, the
collateral that will be required, the requirements for dedicated
sources of revenue or income streams to ensure repayment of
loans, and the length of repayment terms.
Subd. 13. [AUTHORITY AND RULES OF DEPARTMENT.] The
commissioner of transportation shall establish, adopt rules for,
and implement a program to identify, assist with the development
of, and certify projects eligible for loans under the act to the
transportation committee. Until rules are adopted by the
commissioner of transportation, the commissioner of
transportation may certify to the transportation committee any
project that has been reviewed through an approved planning
process that qualifies the project to be included in the
statewide transportation program or amended into the statewide
transportation improvement program.
Subd. 14. [JOINT RULES.] The commissioner of the
department of trade and economic development and the
commissioner of transportation may adopt a single set of rules.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 68. Minnesota Statutes 2000, section 466.03, is
amended by adding a subdivision to read:
Subd. 22. [HIGHWAY RIGHT-OF-WAY.] Any claim for a loss
involving or arising out of the use or operation of a
recreational motor vehicle, as defined in section 84.90,
subdivision 1, within the right-of-way of a road or highway as
defined in section 160.02, subdivision 7, except that the
municipality is liable for conduct that would entitle a
trespasser to damages against a private person.
Sec. 69. Minnesota Statutes 2000, section 473.13, is
amended by adding a subdivision to read:
Subd. 1b. [LIGHT RAIL TRANSIT OPERATING COSTS.] If the
council submits to the legislature or governor a budget that
includes proposed operating assistance for one or more light
rail transit lines operated by the council, the budget must show
the proposed operating assistance for each light rail transit
line separately from all other transit operating assistance in
that budget.
Sec. 70. Minnesota Statutes 2000, section 473.146,
subdivision 4, is amended to read:
Subd. 4. [TRANSPORTATION PLANNING.] (a) The metropolitan
council is the designated planning agency for any long-range
comprehensive transportation planning required by section 134 of
the Federal Highway Act of 1962, Section 4 of Urban Mass
Transportation Act of 1964 and Section 112 of Federal Aid
Highway Act of 1973 and other federal transportation laws. The
council shall assure administration and coordination of
transportation planning with appropriate state, regional and
other agencies, counties, and municipalities, and.
(b) The council shall establish an advisory body consisting
of citizens, and representatives of municipalities, counties,
and state agencies in fulfillment of the planning
responsibilities of the council. The membership of the advisory
body must consist of:
(1) the commissioner of transportation or the
commissioner's designee;
(2) the commissioner of the pollution control agency or the
commissioner's designee;
(3) one member of the metropolitan airports commission
appointed by the commission;
(4) one person appointed by the council to represent
nonmotorized transportation;
(5) one person appointed by the commissioner of
transportation to represent the freight transportation industry;
(6) two persons appointed by the council to represent
public transit;
(7) ten elected officials of cities within the metropolitan
area, including one representative from each first-class city,
appointed by the association of metropolitan municipalities;
(8) one member of the county board of each county in the
seven-county metropolitan area, appointed by the respective
county boards;
(9) eight citizens appointed by the council, one from each
council precinct; and
(10) one member of the council, appointed by the council.
The council shall appoint a chair from among the members of the
advisory body.
Sec. 71. Minnesota Statutes 2000, section 473.399, is
amended by adding a subdivision to read:
Subd. 4. [EXPENDITURE OF STATE FUNDS.] No state funds may
be expended by the metropolitan council to study light rail
transit or commuter rail unless the funds are appropriated in
legislation that identifies route, including the origin and
destination.
Sec. 72. [473.4461] [ADDITIONS TO TRANSIT TAXING
DISTRICT.]
Notwithstanding any provision of section 473.446 or any
other law, the metropolitan council may not levy a tax under
section 473.446, subdivision 1, in any city or town not included
in the transit taxing district as it existed on January 1, 2001,
unless the council and the governing body of that city or town
have agreed on a service expansion plan.
Sec. 73. Minnesota Statutes 2000, section 473.859,
subdivision 2, is amended to read:
Subd. 2. [LAND USE PLAN.] A land use plan shall include
the water management plan required by section 103B.235, and
shall designate the existing and proposed location, intensity
and extent of use of land and water, including lakes, wetlands,
rivers, streams, natural drainage courses, and adjoining land
areas that affect water natural resources, for agricultural,
residential, commercial, industrial and other public and private
purposes, or any combination of such purposes. A land use plan
shall contain a protection element, as appropriate, for historic
sites, the matters listed in the water management plan required
by section 103B.235, and an element for protection and
development of access to direct sunlight for solar energy
systems. A land use plan shall also include a housing element
containing standards, plans and programs for providing adequate
housing opportunities to meet existing and projected local and
regional housing needs, including but not limited to the use of
official controls and land use planning to promote the
availability of land for the development of low and moderate
income housing. A land use plan shall also include the local
government's goals, intentions, and priorities concerning
aggregate and other natural resources, transportation
infrastructure, land use compatibility, habitat, agricultural
preservation, and other planning priorities, considering
information regarding supply from the Minnesota geological
survey information circular No. 46.
Sec. 74. [473.859] [Subd. 2a.] [APPLICATION.]
Section 73 applies only to land use plans adopted or
amended by the governing body in relation to aggregate or when
the governing body is presented with a written application for
adoption or amendment of a land use plan relating to aggregate,
from a landowner after August 1, 2001, in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 75. Laws 1997, chapter 159, article 2, section 4, is
amended to read:
Sec. 4. [DEMONSTRATION PROGRAM PERFORMANCE-BASED FUNDING
PROGRAM FOR CERTAIN PROVIDERS.]
Notwithstanding Minnesota Statutes, section 473.384,
subdivision 6, regarding percentages of total operating costs to
be subsidized by the metropolitan council, until June 30, 2001,
the metropolitan council may establish the appropriate
percentage operating subsidy to be granted to individual
recipients under the subdivision. The metropolitan council must
establish the percentage annually, based on available transit
funds and the council's determination of a reasonable subsidy
per passenger trip in comparison to similar transit or
paratransit service in the metropolitan area. The council may
provide a subsidy up to 100 percent of a recipient's operating
costs for all or any portion of the transit or paratransit
service and may require recipients to pay up to 100 41.5 percent
of their own operating costs for all or any portion of the
service.
Sec. 76. [REPEALER.]
Minnesota Statutes 2000, section 174.22, subdivision 9, is
repealed.
Sec. 77. [EFFECTIVE DATE.]
Unless any particular section specifies otherwise, the
sections in this article are effective July 1, 2001.
ARTICLE 3
DESIGN-BUILD
Section 1. [161.3410] [DESIGN-BUILD CONTRACTS;
DEFINITIONS.]
Subdivision 1. [SCOPE.] The terms used in sections
161.3410 to 161.3428 have the meanings given in this section.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of transportation.
Subd. 3. [DESIGN-BUILD CONTRACT.] "Design-build contract"
means a single contract between the department of transportation
and a design-build company or firm to furnish the architectural
or engineering and related design services as well as the labor,
material, supplies, equipment, and construction services for the
transportation project.
Subd. 4. [DESIGN-BUILD FIRM.] "Design-build firm" means a
proprietorship, partnership, limited liability partnership,
joint venture, corporation, any type of limited liability
company, professional corporation, or any legal entity.
Subd. 5. [DESIGN PROFESSIONAL.] "Design professional"
means a person who holds a license under chapter 326 that is
required to be registered under Minnesota law.
Subd. 6. [DESIGN-BUILD TRANSPORTATION
PROJECT.] "Design-build transportation project" means the
procurement of both the design and construction of a
transportation project in a single contract with a company or
companies capable of providing the necessary engineering
services and construction.
Subd. 7. [DESIGN-BUILDER.] "Design-builder" means the
design-build firm that proposes to design and build a
transportation project governed by the procedures of this
section.
Subd. 8. [REQUEST FOR PROPOSALS OR RFP.] "Request for
proposals" or "RFP" means the document by which the commissioner
solicits proposals from prequalified design-build firms to
design and construct the transportation project.
Subd. 9. [REQUEST FOR QUALIFICATIONS OR RFQ.] "Request for
qualifications" or "RFQ" means a document to prequalify and
short-list potential design-build firms.
Sec. 2. [161.3412] [DESIGN-BUILD AUTHORITY.]
Subdivision 1. [BEST VALUE SELECTION.] Notwithstanding
sections 16C.25, 161.32, and 161.321, or any other law to the
contrary, the commissioner may solicit and award a design-build
contract for a project on the basis of a best value selection
process. Section 16C.08 does not apply to design-build
contracts to which the commissioner is a party.
Subd. 2. [COMPETITIVE, OPEN PROCESS.] Sections 161.3410 to
161.3428 apply only to transportation projects using the
two-step competitive process utilizing public solicitation for
design-build services.
Subd. 3. [RESTRICTION; REPORTS.] (a) The number of
design-build contracts awarded by the commissioner in any fiscal
year may not exceed ten percent of the total number of
transportation construction contracts awarded by the
commissioner in the previous fiscal year.
(b) The commissioner shall notify the chairs of the senate
and house of representatives committees with jurisdiction over
transportation policy and transportation finance each time the
commissioner decides to use the design-build method of
procurement and explain why that method was chosen.
Subd. 4. [MUNICIPAL CONSENT.] Use of the design-build
method of state transportation project delivery is subject to
state law concerning municipal consent to highways in
municipalities.
Sec. 3. [161.3414] [DETERMINATION TO USE DESIGN-BUILD
SELECTION METHOD.]
Subdivision 1. [GENERAL CRITERIA.] A design-build
contracting procedure authorized under sections 161.3410 to
161.3428 may be used for a specific project only after the
commissioner determines that awarding a design-build contract
will serve the public interest.
Subd. 2. [SPECIFIC CRITERIA.] The commissioner shall use
the following criteria as the minimum basis for determining when
to use the design-build method of project delivery:
(1) the extent to which it can adequately define the
project requirements in a proposed scope of the design and
construction desired;
(2) the time constraints for delivery of the project;
(3) the capability and experience of potential contractors
with the design-build method of project delivery or similar
experience;
(4) the suitability of the project for use of the
design-build method of project delivery with respect to time,
schedule, costs, and quality factors;
(5) the capability of the department of transportation to
manage the project, including the employment of experienced
personnel or outside consultants;
(6) the capability of the department of transportation to
oversee the project with individuals or design-build firms who
are familiar and experienced with the design-build method of
project delivery or similar experience;
(7) the lack of ability and availability of any current
state employee to perform the services called for by the
contract;
(8) the original character of the product or the services;
(9) the work to be performed on the project is necessary to
the agency's achievement of its statutory responsibilities and
there is statutory authority to enter into the contract; and
(10) other criteria the commissioner deems relevant and
states in writing in its determination to utilize the
design-build method of project delivery.
Sec. 4. [161.3416] [DESIGN-BUILD NOTICE; REPORT.]
Subdivision 1. [SUMMARY REPORT OF REASONS FOR
DETERMINATION.] The commissioner shall summarize in a written
statement its reasons for using the design-build construction
contracting procedure. This statement, along with other
relevant information describing the project, must be made
available upon request to interested parties.
Subd. 2. [FINAL DETERMINATION AUTHORITY.] Final
determination to use a design-build construction contracting
procedure may be made only by the commissioner.
Sec. 5. [161.3418] [LICENSING REQUIREMENTS.]
Subdivision 1. [LICENSED PROFESSIONAL REQUIRED.] Each
design-builder shall employ, or have as a partner, member,
officer, coventurer, or subcontractor a person duly licensed and
registered to provide the design services required to complete
the project and do business in the state.
Subd. 2. [CONTRACTING FOR LICENSED PROFESSIONAL.] A
design-builder may enter into a contract to provide professional
or construction services for a project that the design-builder
is not licensed, registered, or qualified to perform, so long as
the design-builder provides those services through
subcontractors with duly licensed, registered, or otherwise
qualified individuals in accordance with sections 161.3410 to
161.3428.
Subd. 3. [LIABILITY.] (a) Nothing in this section
authorizing design-build contracts is intended to limit or
eliminate the responsibility or liability owed by a professional
on a design-build project to the state, county, or city, or
other third parties under existing law.
(b) The design service portion of a design-build contract
must be considered a service and not a product.
Sec. 6. [161.3420] [DESIGN-BUILD RFQ; SELECTION TEAM;
EVALUATION.]
Subdivision 1. [TWO-PHASE PROCEDURE.] If the commissioner
determines that the design-build best value method of project
delivery is appropriate for a project, the commissioner shall
establish a two-phase procedure for awarding the design-build
contract, as described in this subdivision and section 161.3422.
Subd. 2. [TECHNICAL REVIEW COMMITTEE.] During the
phase-one request for qualifications (RFQ) and before
solicitation, the commissioner shall appoint a technical review
committee of at least five individuals. The technical review
committee must include an individual whose name and
qualifications are submitted to the commissioner by the
Minnesota chapter of the Associated General Contractors, after
consultation with other commercial contractor associations in
the state. Members of the technical review committee who are
not state employees are subject to the Minnesota Government Data
Practices Act and section 16C.06 to the same extent that state
agencies are subject to those provisions. A technical review
committee member may not participate in the review or discussion
of responses to a request for qualifications or request for
proposals when the member has a financial interest in any of the
design-build firms that respond to that request for
qualifications or request for proposals. "Financial interest"
includes, but is not limited to, being or serving as an owner,
employee, partner, limited liability partner, shareholder, joint
venturer, family member, officer, or director of a design-build
firm responding to a request for qualifications or request for
proposals for a specific project, or having any other economic
interest in that design-build firm. The members of the
technical review committee must be treated as state employees in
the event of litigation resulting from any action arising out of
their service on the committee.
Subd. 3. [CONTENTS.] The commissioner shall prepare or
have prepared a request for qualifications. The request for
qualifications must include the following:
(1) the minimum qualifications of design-builders necessary
to meet the requirements for acceptance;
(2) a scope of work statement and schedule;
(3) documents defining the project requirements;
(4) the form of contract to be awarded;
(5) the weighted selection criteria for compiling a short
list and the number of firms to be included in the short list,
which must be at least two but not more than five;
(6) a description of the RFP requirements;
(7) the maximum time allowed for design and construction;
(8) the commissioner's estimated cost of design and
construction;
(9) requirements for construction experience, design
experience, financial, personnel, and equipment resources
available from potential design-builders for the project and
experience in other design-build transportation projects or
similar projects, provided that these requirements may not
unduly restrict competition; and
(10) a statement that "past performance" or "experience"
does not include the exercise or assertion of a person's legal
rights.
Subd. 4. [EVALUATION.] The selection team shall evaluate
the design-build qualifications of responding firms and shall
compile a short list of no more than five most highly qualified
firms in accordance with qualifications criteria described in
the RFQ. If only one design-build firm responds to the RFQ or
remains on the short list, the commissioner may readvertise or
cancel the project as the commissioner deems necessary.
Sec. 7. [161.3422] [RFP FOR DESIGN-BUILD.]
During phase two, the commissioner shall issue a request
for proposals (RFP) to the design-builders on the short list.
The request must include:
(1) the scope of work, including (i) performance and
technical requirements, (ii) conceptual design, (iii)
specifications, and (iv) functional and operational elements for
the delivery of the completed project, which must be prepared by
a registered or licensed professional engineer;
(2) a description of the qualifications required of the
design-builder and the selection criteria, including the weight
or relative order, or both, of each criterion;
(3) copies of the contract documents that the successful
proposer will be expected to sign;
(4) the maximum time allowable for design and construction;
(5) the road authority's estimated cost of design and
construction;
(6) the requirement that a submitted proposal be segmented
into two parts, a technical proposal and a price proposal;
(7) the requirement that each proposal be in a separately
sealed, clearly identified package and include the date and time
of the submittal deadline;
(8) the requirement that the technical proposal include a
critical path method; bar schedule of the work to be performed,
or similar schematic; design plans and specifications; technical
reports; calculations; permit requirements; applicable
development fees; and other data requested in the request for
proposals;
(9) the requirement that the price proposal contain all
design, construction, engineering, inspection, and construction
costs of the proposed project;
(10) the date, time, and location of the public opening of
the sealed price proposals; and
(11) other information relevant to the project.
Sec. 8. [161.3424] [REPLACING TEAM MEMBERS.]
An individual or a design-build firm identified in a
response to a request for qualifications or a request for
proposals may not be replaced without the written approval of
the commissioner. The commissioner may revoke an awarded
contract if an individual or a design-build firm identified in a
response to an RFQ or RFP is replaced without the commissioner's
written approval. To qualify for the commissioner's approval,
the written request must document that the proposed replacement
individual or design-build firm will be equal to or better than
that described in the response to the request for qualifications
or request for proposals. The commissioner shall use the
criteria specified in the request for qualifications or request
for proposals to evaluate the request.
Sec. 9. [161.3426] [DESIGN-BUILD AWARD.]
Subdivision 1. [AWARD; COMPUTATION; ANNOUNCEMENT.] Except
as provided in subdivision 2, a design-build contract shall be
awarded as follows:
(a) The technical review committee shall score the
technical proposals using the selection criteria in the request
for proposals (RFP). The technical review committee shall then
submit a technical proposal score for each design-builder to the
commissioner. The technical review committee shall reject any
proposal it deems nonresponsive.
(b) The commissioner shall announce the technical proposal
score for each design-builder and shall publicly open the sealed
price proposals and shall divide each design-builder's price by
the technical score that the technical review committee has
given to it to obtain an adjusted score. The design-builder
selected must be that responsive and responsible design-builder
whose adjusted score is the lowest.
(c) If a time factor is included with the selection
criteria in the request for proposals package, the commissioner
may also adjust the bids using a value of the time factor
established by the commissioner. The value of the time factor
must be expressed as a value per day. The adjustment must be
based on the total time value. The total time value is the
design-builder's total number of days to complete the project
multiplied by the factor. The time-adjusted price is the total
time value plus the bid amount. This adjustment must be used
for selection purposes only, and must not affect the department
of transportation's liquidated damages schedule or incentive or
disincentive program. An adjusted score must then be obtained
by dividing each design-builder's time-adjusted price by the
score given by the technical review team. The commissioner
shall select the responsive and responsible design-builder whose
adjusted score is the lowest.
(d) Unless all proposals are rejected, the commissioner
shall award the contract to the responsive and responsible
design-builder with the lowest adjusted score. The commissioner
shall reserve the right to reject all proposals.
Subd. 2. [ALTERNATIVE PROCESS FOR CERTAIN CONTRACTS.] (a)
The commissioner may elect to use the process in paragraph (b)
for a design-build contract for a project with an estimated
project cost of less than $5,000,000.
(b) The commissioner shall give the lowest cost proposal
the full number of price points defined in the request for
proposals. The commissioner shall award each of the other
proposals a percentage of the price points based on a ratio of
the lowest price divided by the responder's price. The
commissioner shall add the technical score and price score and
award the contract to the responder with the highest total score.
Subd. 3. [STIPULATED FEE.] The commissioner shall award a
stipulated fee not less than two-tenths of one percent of the
department's estimated cost of design and construction to each
short-listed, responsible proposer who provides a responsive but
unsuccessful proposal. If the commissioner does not award a
contract, all short-listed proposers must receive the stipulated
fee. If the commissioner cancels the contract before reviewing
the technical proposals, the commissioner shall award each
design-builder on the short list a stipulated fee of not less
than two-tenths of one percent of the commissioner's estimated
cost of design and construction. The commissioner shall pay the
stipulated fee to each proposer within 90 days after the award
of the contract or the decision not to award a contract. In
consideration for paying the stipulated fee, the commissioner
may use any ideas or information contained in the proposals in
connection with any contract awarded for the project or in
connection with a subsequent procurement, without any obligation
to pay any additional compensation to the unsuccessful proposers.
Notwithstanding the other provisions of this subdivision, an
unsuccessful short-list proposer may elect to waive the
stipulated fee. If an unsuccessful short-list proposer elects
to waive the stipulated fee, the commissioner may not use ideas
and information contained in that proposer's proposal. Upon the
request of the commissioner, a proposer who waived a stipulated
fee may withdraw the waiver, in which case the commissioner
shall pay the stipulated fee to the proposer and thereafter may
use ideas and information in the proposer's proposal.
Subd. 4. [LOW-BID DESIGN-BUILD PROCESS.] (a) The
commissioner may also use low-bid, design-build procedures to
award a design-build contract where the scope of the work can be
clearly defined.
(b) Low-bid design-build projects may require an RFQ and
short-listing, and must require an RFP.
(c) Submitted proposals under this subdivision must include
separately a technical proposal and a price proposal. The
low-bid, design-build procedures must follow a two-step process
for review of the responses to the RFP as follows:
(1) The first step is the review of the technical proposal
by the technical review committee as provided in section
161.3420, subdivision 2. The technical review committee must
open the technical proposal first and must determine if it
complies with the requirements of the RFP and is responsive.
The technical review committee may not perform any ranking or
scoring of the technical proposals.
(2) The second step is the determination of the low bidder
based on the price proposal. The commissioner may not open the
price proposal until the review of the technical proposal is
complete.
(d) The contract award under low-bid, design-build
procedures must be made to the proposer whose sealed bid is
responsive to the technical requirements as determined by the
technical review committee and that is also the lowest bid.
(e) A stipulated fee may be paid for unsuccessful bids on
low-bid, design-build projects only when the commissioner has
required an RFQ and short-listed the most highly qualified
responsive bidders.
Subd. 5. [REJECTION OF BIDS.] The commissioner may reject
all bids under this section.
Sec. 10. [161.3428] [LIST OF DESIGN-BUILD CONTRACTS.]
Beginning September 1, 2002, and every subsequent year on
September 1, the commissioner shall submit to the governor, to
the chairs of the house ways and means and senate finance
committees, to the chairs of the house and senate committees
having jurisdiction over transportation policy and finance, and
the legislative reference library, a yearly listing of all
executed design-build contracts. The report must identify the
contractor, contract amount, duration, and services to be
provided. The list and summary must:
(1) be sorted by contractor;
(2) show the aggregate value of contracts issued by the
commissioner of transportation and issued to each contractor;
and
(3) state the termination date of each contract.
Sec. 11. [EFFECTIVE DATE.]
Sections 1 to 10 are effective the day following final
enactment.
ARTICLE 4
CRIMINAL JUSTICE APPROPRIATIONS
Section 1. [APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another named fund, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "2002" and "2003," where used in this article, mean
that the appropriations listed under them are available for the
year ending June 30, 2002, or June 30, 2003, respectively. The
term "first year" means the year ending June 30, 2002, and the
term "second year" means the year ending June 30, 2003.
APPROPRIATIONS
Available for the Year
Ending June 30
2002 2003
Sec. 2. SUPREME COURT
Subdivision 1. Total
Appropriation $ 37,561,000 $ 39,891,000
[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Supreme Court Operations
4,985,000 5,444,000
[CONTINGENT ACCOUNT.] $5,000 each year
is for a contingent account for
expenses necessary for the normal
operation of the court for which no
other reimbursement is provided.
Subd. 3. Civil Legal Services
7,734,000 7,734,000
[LEGAL SERVICES TO LOW-INCOME CLIENTS
AND FAMILY LAW LEGAL ASSISTANCE.] This
appropriation is for legal services to
low-income clients and for family farm
legal assistance under Minnesota
Statutes, section 480.242. Any
unencumbered balance remaining in the
first year does not cancel but is
available for the second year. A
qualified legal services program, as
defined in Minnesota Statutes, section
480.24, subdivision 3, may provide
legal services to persons eligible for
family farm legal assistance under
Minnesota Statutes, section 480.242.
[LEGAL SERVICES TO LOW-INCOME CLIENTS
IN FAMILY LAW MATTERS.] Of this
appropriation, $877,000 each year is to
improve the access of low-income
clients to legal representation in
family law matters. This appropriation
must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available for
the second year.
Subd. 4. State Court Administration
22,815,000 24,570,000
[JUDICIAL BRANCH TRANSFORMATION AND
INFRASTRUCTURE.] $1,054,000 the first
year and $1,905,000 the second year are
for judicial branch transformation and
infrastructure.
[CONTINUE REDEVELOPMENT OF COURT
INFORMATION SYSTEM.] $7,500,000 each
year is to continue redevelopment of
the court information system to be used
by all counties to integrate court
information with other criminal justice
information. Of this amount, $225,000
the first year must be transferred to
the board of public defense for
hardware and software necessary to
redesign information systems to
accommodate changes to the criminal
justice information system. This is a
onetime transfer. This appropriation
may not be used for any other purpose.
Any unencumbered balances remaining
from the first year do not cancel but
are available for the second year.
This appropriation is available only
pursuant to a budget approved by the
criminal and juvenile justice
information policy group that is
consistent with technology and project
management analyses of the office of
technology.
Up to 20 percent of this appropriation
may be released on July 1, 2001. The
remaining funds shall be released upon
approval of the criminal and juvenile
justice information policy group, under
advisement from the office of
technology. The policy group shall
approve the release of funding for each
project to ensure (1) that the project
is in compliance with the statewide
criminal justice information system
standards, (2) that each project
remains feasible according to plans
established pursuant to Minnesota
Statutes, sections 16E.04, subdivision
3, and 299C.65, subdivision 6 or 7, or
that an updated plan has been approved
by the policy group and the project is
progressing according to the revised
plan, (3) that the project is fully
integrated with existing information
and communications networks, and (4)
that it complies with technology
standards and protocols established by
the office of technology for statewide
connectivity and interoperability.
Subd. 5. Law Library Operations
2,027,000 2,143,000
[LEGAL RESEARCH MATERIAL INFLATION.]
$80,000 the first year and $90,000 the
second year are for legal research
material inflation.
Sec. 3. COURT OF APPEALS 7,580,000 8,113,000
[LEGAL RESEARCH ASSISTANCE.] $172,000
the first year and $158,000 the second
year are for legal research assistance.
Sec. 4. DISTRICT COURTS 118,470,000 128,842,000
[CARLTON COUNTY EXTRAORDINARY
EXPENSES.] $300,000 the first year is
to reimburse Carlton county for
extraordinary expenses related to
homicide trials. This is a onetime
appropriation.
[NEW JUDGE UNITS.] $774,000 the first
year and $1,504,000 the second year are
for an increase in judgeship units,
including one trial court judge unit
beginning October 1, 2001, in the tenth
judicial district, one trial court
judge unit beginning April 1, 2002, in
the third judicial district, one trial
court judge unit beginning July 1,
2002, in the tenth judicial district,
one trial court judge unit beginning
January 1, 2003, in the seventh
judicial district, and one trial court
judge unit beginning January 1, 2003,
in the first judicial district. Each
judge unit consists of a judge, law
clerk, and court reporter.
[ALTERNATIVE DISPUTE RESOLUTION
PROGRAMS.] A portion of this
appropriation may be used for the
alternative dispute resolution programs
authorized by article 5, section 18.
[SUPPLEMENTAL FUNDING FOR CERTAIN
MANDATED COSTS.] $4,533,000 the first
year and $6,032,000 the second year are
to supplement funding for guardians ad
litem, interpreters, rule 20 and civil
commitment examinations, and in forma
pauperis costs in the fifth, seventh,
eighth, and ninth judicial districts.
[TRIAL COURT INFRASTRUCTURE STAFF.]
$684,000 the first year and $925,000
the second year are for infrastructure
staff.
[COURT EFFECTIVENESS INITIATIVES;
COMMUNITY COURTS AND SCREENER
COLLECTORS.] $835,000 the first year
and $765,000 the second year are for
court effectiveness initiatives. Of
this amount, $125,000 each year is for
continued funding of the community
court in the fourth judicial district
and $125,000 each year is for continued
funding of the community court in the
second judicial district. These are
onetime appropriations.
The second judicial district and fourth
judicial district shall each report
quarterly to the chairs and ranking
minority members of the legislative
committees and divisions with
jurisdiction over criminal justice
funding on:
(1) how money appropriated for this
initiative was spent; and
(2) the cooperation of other criminal
justice agencies and county units of
government in the community courts'
efforts.
The first report is due on October 1,
2001. None of this appropriation may
be used for the purpose of complying
with these reporting requirements.
Of this amount, $585,000 the first year
and $515,000 the second year are for
screener collector programs.
The fifth, seventh, and ninth judicial
district courts shall implement
screener collector programs to enhance
the collection of overdue fine revenue
by at least ten percent in each
location serviced by a screener
collector. By August 15, 2002, and
annually thereafter, the state court
administrator shall report to the
chairs and ranking minority members of
the house of representatives and senate
committees with jurisdiction over
criminal justice policy and funding
issues on the total amount of fines
collected, the amount of overdue fines
collected for the two preceding fiscal
years, and the expenditures associated
with the screener collector program.
[NINTH DISTRICT CUSTODY AND SUPPORT
PILOT PROJECTS.] Up to $99,000 each
year may be used for the ninth judicial
district to implement the pilot
projects on the six-month review of
child custody, parenting time, and
support orders, and on the accounting
for child support by obligees.
Sec. 5. BOARD ON JUDICIAL
STANDARDS 245,000 252,000
Sec. 6. TAX COURT 735,000 751,000
Sec. 7. HUMAN RIGHTS 4,032,000 4,148,000
[CASELOAD ANALYSIS.] The commissioner
of human rights must conduct a
comparative analysis of the caseloads
of human rights departments in the
other states. By February 15, 2002,
the commissioner must report to the
chairs and ranking minority members of
the house of representatives and senate
committees having jurisdiction over
judiciary finance issues on the
analysis and must propose budget
recommendations to make the caseloads
in the Minnesota department of human
rights consistent with other states.
Sec. 8. UNIFORM LAWS COMMISSION 39,000 40,000
Sec. 9. CRIME VICTIM
OMBUDSMAN 400,000 411,000
Sec. 10. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 88,001,000 84,299,000
Summary by Fund
2002 2003
General 84,919,000 81,195,000
Special Revenue 2,674,000 2,687,000
State Government
Special Revenue 7,000 7,000
Environmental 47,000 49,000
Trunk Highway 354,000 361,000
[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
[DWI PENALTY FUNDS.] The commissioners
of public safety and transportation
must jointly report annually to the
chairs and ranking minority members of
the house of representatives and senate
committees having jurisdiction over
transportation and public safety
finance issues on the expenditure of
any federal funds available under the
repeat offender transfer program,
Public Law Number 105-206, section 164.
Subd. 2. Emergency Management
Summary by Fund
General 7,198,000 3,835,000
Environmental 47,000 49,000
[MATCHING FUNDS BASE BUDGET.] Beginning
in fiscal year 2004, the budget for the
state match of federal disaster
assistance money under Minnesota
Statutes, section 12.221, is $5,000,000
each year.
[GRANITE FALLS TORNADO ASSISTANCE.]
$3,000,000 the first year is for a
grant to the city of Granite Falls to
assist with tornado-related costs that
are not eligible for reimbursement
under the Federal Emergency Management
Agency (FEMA) disaster relief programs,
including acquisition and cleanup costs
of ineligible properties; costs of lost
interest earnings; and costs of damage
assessment, repair, replacement,
extension, or improvement of publicly
owned wastewater and municipal utility
services and drinking water systems,
and is available until June 30, 2003.
Up to $500,000 of this appropriation
may be used for Project Turnabout.
[FLOOD RECOVERY FUNDING.] $400,000 the
first year is for grants to the cities
of Ada, Breckenridge, East Grand Forks,
and Warren. Of that amount, $174,200
is to reimburse Ada for bond interest
expenses in connection with temporary
financing in anticipation of financing
by FEMA for 1997 flood recovery work in
that city. $60,000 is to reimburse
Breckenridge, $127,400 is to reimburse
East Grand Forks, and $38,400 is to
reimburse Warren for lost interest in
connection with expenditures in
anticipation of financing by FEMA for
1997 flood recovery work in those
cities.
[CHEMICAL ASSESSMENT TEAMS.] The
commissioner must convert three of the
combination hazardous materials
emergency response/chemical assessment
teams to stand-alone chemical
assessment teams. The remaining
combination team must be based in St.
Paul. The commissioner must also
establish one additional stand-alone
chemical assessment team. The
commissioner must staff all stand-alone
chemical assessment teams in a manner
that ensures up to four people per team
are available for response.
[BOMB DISPOSAL UNITS.] $50,000 each
year is for training and equipment for
bomb disposal units.
$60,000 each year must be reallocated
within the base budget to reimburse
bomb disposal units under Minnesota
Statutes, section 299C.063.
Subd. 3. Criminal Apprehension
Summary by Fund
General 33,450,000 33,736,000
Special Revenue 544,000 557,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 354,000 361,000
[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $99,000 each year from the
bureau of criminal apprehension account
in the special revenue fund is for
grants to local officials for the
cooperative investigation of
cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
[LABORATORY ACTIVITIES.] $445,000 in
the first year and $458,000 the second
year from the bureau of criminal
apprehension account in the special
revenue fund are for laboratory
activities.
[DWI LAB ANALYSIS; GENERAL FUND.]
$1,332,000 the first year and
$1,357,000 the second year from the
general fund are for laboratory
analysis related to driving while
impaired cases.
[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $354,000
the first year and $361,000 the second
year from the trunk highway fund are
for laboratory analysis related to
driving while impaired cases.
[CRIMNET POLICY GROUPS; NEW POSITIONS.]
$750,000 each year is for new positions
to support the criminal and juvenile
justice information policy group in
fulfilling its responsibilities
relating to criminal justice
information system improvements.
[CRIMNET BACKBONE.] $2,000,000 each
year is for the planning, development,
and implementation of an integration
backbone consistent with the criminal
justice information architecture
(CriMNet).
[CRIMNET; LOCAL PLANNING AND
IMPLEMENTATION.] $1,500,000 the first
year and $1,500,000 the second year are
onetime appropriations for grants under
Minnesota Statutes, section 299C.65,
subdivisions 6 and 7, to plan and
implement for criminal justice
information integration and are
available until June 30, 2003.
Notwithstanding Minnesota Statutes,
section 16A.28, appropriations
encumbered under contract on or before
June 30 each year are available until
the following June 30.
[CRIMNET; FEDERAL FUNDS.] Any federal
funds received under the Crime
Identification Technology Act must be
distributed under the same criteria and
for the same purposes as grants under
Minnesota Statutes, section 299C.65,
subdivision 7, to implement criminal
justice information integration plans
for entities that have completed
integration plans under Minnesota
Statutes, section 299C.65, subdivision
6. Within those criteria, the funds
must be distributed as recommended by
the criminal and juvenile justice
information policy group established
under Minnesota Statutes, section
299C.65, subdivision 1. The
commissioner must attempt to acquire
additional federal funds under the
Crime Identification Technology Act and
any other similar federal funds for
these and related purposes.
[CRIMNET; SUSPENSE FILE REDUCTIONS.]
$1,000,000 each year is for the CriMNet
project component to work on
eliminating records currently in the
criminal history suspense file and to
assist local agencies in changing their
business practices to prevent
inaccurate and incomplete data from
being submitted. In utilizing this
appropriation, the commissioner must
have the goal of reducing the number of
dispositions entering the suspense file
from the current, approximately 50
percent to 30 percent in the first
year, 20 percent the second year, and
ten percent in future years.
Additionally, the commissioner must
have the goal of reducing the existing
suspense file by 50 percent the first
year and 90 percent the second year.
This appropriation must not be used for
any other purpose.
[CRIMNET; POLICY GROUP BUDGET
APPROVAL.] Appropriations in this
article related to the criminal and
juvenile justice information policy
group, the CriMNet integration
backbone, criminal justice information
integration plans, and the elimination
or prevention of suspense file records
are available only pursuant to a budget
approved by the criminal and juvenile
justice information policy group that
is consistent with technology and
project management analyses of the
office of technology. Up to 20 percent
of these appropriations may be released
on July 1, 2001. The remaining funds
shall be released upon approval of the
criminal and juvenile justice
information policy group, under
advisement from the office of
technology. The policy group shall
approve the release of funding for each
project to ensure (1) that the project
is in compliance with the statewide
criminal justice information system
standards, (2) that each project
remains feasible according to plans
established pursuant to Minnesota
Statutes, sections 16E.04, subdivision
3, and 299C.65, subdivision 6 or 7, or
that an updated plan has been approved
by the policy group and the project is
progressing according to the revised
plan, (3) that the project is fully
integrated with existing information
and communications networks, and (4)
that it complies with technology
standards and protocols established by
the office of technology for statewide
connectivity and interoperability.
[OVERTIME EXPENSES.] $150,000 the first
year and $150,000 the second year are
for overtime expenses.
Subd. 4. Fire Marshal
3,280,000 3,363,000
Subd. 5. Alcohol and Gambling Enforcement
1,822,000 1,864,000
Subd. 6. Crime Victim Services Center
32,227,000 32,261,000
[UNENCUMBERED BALANCES.] Any
unencumbered balances remaining in the
first year do not cancel but are
available for the second year.
[PER DIEM FUNDING FOR SHELTERS.]
$1,000,000 each year is a onetime
appropriation for an increase in per
diem funding for shelters under
Minnesota Statutes, section 611A.32,
and for safe homes. Per diem funds
under this section shall be available
only for shelter and safe home programs
designated by the center as of June 30,
2001.
[PROHIBITION ON USE OF FUNDING FOR NEW
SHELTERS OR SAFE HOMES.] None of this
appropriation shall be used to fund
construction of new shelters or safe
homes.
[GRANTS FOR SUPPORT SERVICES FOR
CERTAIN VICTIMS.] $75,000 each year is
for grants to the city of St. Paul to
provide support services to the
surviving family members of homicide,
suicide, and accidental death victims.
If funds are available, the
commissioner may expand the grants to
other cities or counties. Grant
recipients must provide a 25 percent
match. The commissioner must report to
the chairs and ranking minority members
of the house and senate committees
having jurisdiction over criminal
justice funding and policy by January
15, 2002, on the specific services
provided under these grants, the
outcomes achieved, and the number of
persons served.
Subd. 7. Law Enforcement
and Community Grants
Summary by Fund
General 6,942,000 6,136,000
Special Revenue 2,130,000 2,130,000
[UNENCUMBERED BALANCES.] Any
unencumbered balances remaining in the
first year do not cancel but are
available for the second year.
[ENCUMBERED BALANCES.] Notwithstanding
Minnesota Statutes, section 16A.28,
appropriations encumbered under
contract on or before June 30 each year
are available until the following June
30.
[SPECIAL REVENUE; RACIAL PROFILING.]
The appropriation from the special
revenue account must be spent according
to article 7, section 14.
[FUNDING TO COMBAT METHAMPHETAMINE
TRAFFICKING AND PRODUCTION.] $471,000
the first year is a onetime
appropriation for grants under
Minnesota Statutes, section 299C.065,
subdivision 1, clause (1), including
grants to the bureau of criminal
apprehension for increased law
enforcement costs relating to
methamphetamine trafficking and
production. Grant recipients must be
chosen by the office of drug policy and
violence prevention after consulting
with the narcotics enforcement
coordinating committee. Grants to drug
task force agencies must be allocated
in a balanced manner among rural,
suburban, and urban agencies. Grants
may be awarded and used for the
following items relating to clandestine
methamphetamine labs:
(1) increased general law enforcement
costs;
(2) training materials and public
awareness publications;
(3) peace officer training courses,
certification, and equipment; and
(4) reimbursements to law enforcement
agencies for extraordinary or unusual
overtime and investigative expenses.
Grants must not be used for
methamphetamine lab site cleanup or
disposal of seized equipment or
chemicals. Additionally, grants must
not supplant current local spending or
other state or federal grants allocated
by the commissioner for similar
purposes.
[GANG STRIKE FORCE GRANTS.] $750,000
the first year and $750,000 the second
year are onetime appropriations for
criminal gang strike force grants under
Minnesota Statutes, section 299A.66.
The commissioner of public safety must
provide direct administrative and
fiscal oversight for all grants awarded
under Minnesota Statutes, section
299A.66.
[USE OF BYRNE GRANTS.] The commissioner
must consider using a portion of
federal Byrne grant funds for grants to:
(1) the center for reducing rural
violence;
(2) organizations or agencies that
provide gang prevention services, such
as the boys and girls club, the youth
experiencing alternatives (YEA)
program, the police athletic league,
agencies eligible for Asian-American
juvenile crime intervention and
prevention grants under Minnesota
Statutes, section 299A.2994,
subdivision 3, clause (2), or other
similar organizations; and
(3) continue funding the pilot project
to provide neighborhood-based services
to crime victims and witnesses funded
in Laws 1999, chapter 216, article 1,
section 8, subdivision 3, and described
in Laws 1999, chapter 216, article 2,
section 23.
[JOINT DOMESTIC ABUSE PROSECUTION
UNIT.] $197,000 the first year is a
onetime appropriation for a grant to
the Ramsey county attorney's office to
continue funding the joint domestic
abuse prosecution unit. This
appropriation is available until June
30, 2003.
The Ramsey county attorney's office and
the St. Paul city attorney's office
shall continue the joint domestic abuse
prosecution unit pilot project
established by the legislature under
Laws 2000, chapters 471, section 3; and
488, article 6, section 10. The
appropriation must be used to continue
the pilot project beyond its first year
of operation and allow a meaningful
evaluation that will benefit other
jurisdictions in Minnesota. The unit
has authority to prosecute
misdemeanors, gross misdemeanors, and
felonies. The unit shall also
coordinate efforts with child
protection attorneys. The unit may
include four cross-deputized assistant
city attorneys and assistant county
attorneys and a police investigator. A
victim/witness advocate, a law clerk, a
paralegal, and a secretary may provide
support.
The goals of this pilot project are to:
(1) recognize children as both victims
and witnesses in domestic abuse
situations;
(2) recognize and respect the interests
of children in the prosecution of
domestic abuse; and
(3) reduce the exposure to domestic
violence for both adult and child
victims.
By January 15, 2002, the Ramsey county
attorney's office and the St. Paul city
attorney's office shall report to the
chairs and ranking minority members of
the senate and house of representatives
committees and divisions having
jurisdiction over criminal justice
policy and funding on the pilot
project. The report may include the
number and types of cases referred, the
number of cases charged, the outcome of
cases, and other relevant outcome
measures.
[COPS, HEAT, AND FINANCIAL CRIMES
INVESTIGATION UNIT GRANTS.] $300,000
for the fiscal year ending June 30,
2001, $250,000 the first year, and
$250,000 the second year are onetime
appropriations for grants under either
Minnesota Statutes, section 299A.62 or
299A.68. Grants awarded from this
appropriation under Minnesota Statutes,
section 299A.62, are for overtime for
peace officers. Of the total grants
awarded from this appropriation under
Minnesota Statutes, section 299A.62, 50
percent must go to the St. Paul and
Minneapolis police departments and 50
percent must go to other law
enforcement agencies statewide. Any
amounts from this appropriation awarded
to the St. Paul police department must
be used to increase the current degree
of implementation of the HEAT law
enforcement strategy. The HEAT law
enforcement strategy must be a
community-driven strategic initiative
that is used to target criminal conduct
in specific areas of St. Paul with
higher crime rates than the city
average. It must target offenders
based upon their criminal behavior and
not other factors and be planned and
implemented taking into consideration
the wishes of the targeted communities.
Grants awarded under Minnesota
Statutes, section 299A.68, may be used
to cover costs for salaries, equipment,
office space, and other necessary
services or expenses of a financial
crimes investigation task force. The
commissioner must distribute the grants
in a manner designed to be equitable to
the grantees given their contributions
to the investigation task force and to
encourage their continued participation.
Participating local units of government
must provide a 25 percent match from
nonstate funds or in-kind contributions
either directly from their budgets or
from businesses directly donating
support in order for the financial
crimes investigation task force to
obtain any grant funding under
Minnesota Statutes, section 299A.68.
This appropriation is available until
June 30, 2003. * (The text "$300,000
for the fiscal year ending June 30,
2001," was indicated as vetoed by the
governor.)
[MODEL POLICING PROGRAM; MENTAL ILLNESS
CALLS.] $150,000 the first year is a
onetime appropriation for developing
and implementing up to four model
policing program pilot projects
required under Minnesota Statutes,
section 626.8441, subdivision 1, and to
produce required reports.
[AUTOMOBILE THEFT PREVENTION GRANTS.]
The commissioner may make grants under
Minnesota Statutes 2000, section
299A.75, to past grantees during the
time period before which the changes
made to that section in article 5,
sections 6 to 8, become operational.
[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant programs.
Sec. 11. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING 4,692,000 4,724,000
[PEACE OFFICER TRAINING ACCOUNT.] This
appropriation is from the peace officer
training account in the special revenue
fund. Any receipts credited to the
peace officer training account in the
special revenue fund in the first year
in excess of $4,692,000 must be
transferred and credited to the general
fund. Any receipts credited to the
peace officer training account in the
special revenue fund in the second year
in excess of $4,724,000 must be
transferred and credited to the general
fund.
Sec. 12. BOARD OF PRIVATE
DETECTIVE AND PROTECTIVE AGENT
SERVICES 144,000 148,000
Sec. 13. CORRECTIONS 750,000 750,000
[CRIMNET AND RELATED FUNDING.] $750,000
each year is for:
(1) detention grants for the statewide
supervision system;
(2) out-of-home placement system
development;
(3) electronic probation file
transfers; and
(4) maintaining and conforming the
department's systems to the CriMNet
standards and backbone, including the
corrections operational management
system (COMS), statewide supervision
system (SSS), detention information
system (DIS), court services tracking
system (CSTS), and the sentencing
guidelines worksheet system.
This money may not be used by the
commissioner for any other purpose.
This appropriation is available only
pursuant to a budget approved by the
criminal and juvenile justice
information policy group that is
consistent with technology and project
management analyses of the office of
technology.
Up to 20 percent of this appropriation
may be released on July 1, 2001. The
remaining funds shall be released upon
approval of the criminal and juvenile
justice information policy group, under
advisement from the office of
technology. The policy group shall
approve the release of funding for each
project to ensure (1) that the project
is in compliance with the statewide
criminal justice information system
standards, (2) that each project
remains feasible according to plans
established pursuant to Minnesota
Statutes, sections 16E.04, subdivision
3, and 299C.65, subdivision 6 or 7, or
that an updated plan has been approved
by the policy group and the project is
progressing according to the revised
plan, (3) that the project is fully
integrated with existing information
and communications networks, and (4)
that it complies with technology
standards and protocols established by
the office of technology for statewide
connectivity and interoperability.
Sec. 14. DEFICIENCY APPROPRIATIONS
Subdivision 1. Emergency Management Deficiency
Fiscal Year 2001
General 8,600,000
[FEMA MATCHING FUNDS.] This
appropriation for fiscal year 2001 is
added to the appropriation in Laws
1999, chapter 216, article 1, section
7, subdivision 2, to provide matching
funds for FEMA funds received for
natural disaster assistance payments.
This appropriation is available the day
following final enactment and is
available until June 30, 2003.
Subd. 2. Tax Court Deficiency
Fiscal Year 2001
General 14,000
[UNANTICIPATED SEVERANCE COSTS.] This
appropriation for fiscal year 2001 is
added to the appropriation in Laws
1999, chapter 216, article 1, section
6, for unanticipated severance costs.
This appropriation is available the day
following final enactment.
Sec. 15. SUNSET OF
UNCODIFIED LANGUAGE
All uncodified language contained in
this article expires on June 30, 2003,
unless a different expiration date is
explicit.
Sec. 16. [EFFECTIVE DATE.]
This article is effective July 1, 2001, unless otherwise
noted.
ARTICLE 5
PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS
Section 1. Minnesota Statutes 2000, section 2.722,
subdivision 1, is amended to read:
Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
Sibley; 32 33 judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; 22 23 judges; and
permanent chambers shall be maintained in Faribault, Albert Lea,
Austin, Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; 16 judges; and permanent chambers shall be
maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; 24 25 judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
22 judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; 39 41 judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 2000, section 2.724,
subdivision 3, is amended to read:
Subd. 3. [RETIRED JUSTICES AND JUDGES.] (a) The chief
justice of the supreme court may assign a retired justice of the
supreme court to act as a justice of the supreme court pursuant
to subdivision 2 or as a judge of any other court. The chief
justice may assign a retired judge of any court to act as a
judge of any court except the supreme court. A judge acting
pursuant to this paragraph shall receive pay and expenses in the
amount and manner provided by law for judges serving on the
court to which the retired judge is assigned, less the amount of
retirement pay which the judge is receiving The chief justice of
the supreme court shall determine the pay and expenses to be
received by a judge acting pursuant to this paragraph.
(b) A judge who has been elected to office and who has
retired as a judge in good standing and is not practicing law
may also be appointed to serve as judge of any court except the
supreme court. A retired judge acting under this paragraph will
receive pay and expenses in the amount established by the
supreme court.
Sec. 3. Minnesota Statutes 2000, section 13.87, is amended
by adding a subdivision to read:
Subd. 3. [INTERNET ACCESS.] (a) Notwithstanding section
13.03, subdivision 3, paragraph (a), the bureau of criminal
apprehension may charge a fee for Internet access to public
criminal history data provided through August 1, 2003. The fee
may not exceed $5 per inquiry or the amount needed to recoup the
actual cost of implementing and providing Internet access,
whichever is less.
(b) The Web site must include a notice to the subject of
data of the right to contest the accuracy or completeness of
data, as provided under section 13.04, subdivision 4, and
provide a telephone number and address that the subject may
contact for further information on this process.
(c) The Web site must include the effective date of data
that is posted.
(d) The Web site must include a description of the types of
criminal history data not available on the site, including
arrest data, juvenile data, criminal history data from other
states, federal data, data on convictions where 15 years have
elapsed since discharge of the sentence, and other data that are
not accessible to the public.
(e) A person who intends to access the Web site to obtain
information regarding an applicant for employment, housing, or
credit should disclose to the applicant the intention to do so.
The Web site must include a notice that a person obtaining such
access should notify the applicant that a background check using
this Web site may be conducted. This paragraph does not create
a civil cause of action on behalf of the data subject.
Sec. 4. Minnesota Statutes 2000, section 299A.64,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP OF COUNCIL.] The criminal gang
oversight council consists of the following individuals or their
designees: the commissioner of public safety; the commissioner
of corrections; the superintendent of the bureau of criminal
apprehension; the attorney general; the chief law enforcement
officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a
chief of police selected by the president of the Minnesota
chiefs of police association; two sheriffs, one from a county in
the seven-county metropolitan area other than Hennepin or Ramsey
county and the other from a county outside the metropolitan
area, both selected by the president of the Minnesota sheriffs
association; the executive director of the Minnesota police and
peace officers association; and the Hennepin, Ramsey, St. Louis,
and Olmsted county sheriffs. The council may select a chair
from among its members.
Sec. 5. [299A.68] [FINANCIAL CRIMES INVESTIGATION TASK
FORCE ESTABLISHED.]
Subdivision 1. [INVESTIGATION TASK FORCE ESTABLISHED.] A
group of two or more local governmental units may enter into an
agreement to establish a major financial crimes investigation
task force.
Subd. 2. [INVESTIGATION TASK FORCE'S DUTIES.] The
investigation task force shall investigate consumer identity
theft cases and reported financial crimes from individuals and
businesses who are victims of such crimes. The investigation
task force shall focus on financial crimes including, but not
limited to, statewide crimes such as: theft, fraud, and forgery
crimes, including identity theft, check forgery, fraud in
obtaining credit, financial transaction card fraud, theft from
merchants, possession or sale of stolen or counterfeit checks,
issuance of dishonored checks, creation or use of counterfeit
state identification, obtaining counterfeit state
identification, fraudulent Internet transactions, fraudulent
merchandise returns, and other related financial crimes. In
particular, the investigation task force shall investigate
individuals, based on their criminal activity, who:
(1) commit multiple cross-jurisdictional financial crimes;
(2) employ computers and other sophisticated technology to
counterfeit documents or commit fraud; or
(3) illegally obtain consumer information for identity
theft.
Subd. 3. [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.]
The local governmental units that agree to form and participate
in a single centralized financial crimes investigation task
force shall oversee the investigation task force's operation by
establishing procedures and guidelines in their agreement. The
agreement must be addressed in a memorandum of understanding and
signed by the person in charge of each participating local unit
of government. The memorandum of understanding shall address
the following:
(1) the command structure of the investigation task force;
(2) acquisition and liquidation of equipment, office space,
and transportation;
(3) procedures for contracting for necessary administrative
support;
(4) selection and assignment of members;
(5) transfer of investigation task force members;
(6) resolution of disputes between participating local
governmental units;
(7) requirements and procedures for all workers'
compensation and other liability to remain the responsibility of
each member's employing agency; and
(8) all other issues deemed pertinent by the participating
local governmental units.
Subd. 4. [COMMANDER.] The participating local governmental
units shall select a commander to direct the investigation task
force. The commander shall make tactical decisions regarding
the commencement, continuation, and conclusion of investigations
of crimes within the investigation task force's jurisdiction.
The commander shall also report annually to the bureau of
criminal apprehension as required in subdivision 10.
Subd. 5. [MEMBERS.] The investigation task force may
include law enforcement officers, prosecutors, federal law
enforcement officers, and investigators from local governmental
units who are selected by their supervisors to participate in
the investigation task force. All law enforcement officers
selected to join the investigation task force must be licensed
peace officers under section 626.84, subdivision 1, or qualified
federal law enforcement officers as defined in section
626.8453. Members shall remain employees of the same entity
that employed them before joining the investigation task force.
Compensation, personnel evaluations, grievances, merit
increases, and liability insurance coverage, such as general,
personal, vehicle, and professional liability insurance, shall
be covered by each member's employing agency. Members of the
financial crimes task force are not employees of the state.
Subd. 6. [JURISDICTION.] Law enforcement officers who are
members of the investigation task force shall have statewide
jurisdiction to conduct criminal investigations into financial
crimes as described in subdivision 2 and possess the same powers
of arrest as those possessed by a sheriff.
Officers assigned to the financial crimes task force shall
follow their county arrest procedures, booking processes,
reporting processes, county attorney charging requirements, and
appropriate notification protocols to local and county sheriff
agencies where arrests are made and search warrants executed.
The commander of the task force is responsible for ensuring
compliance with applicable local practices and procedures.
Subd. 7. [COLLABORATION WITH OTHER PROSECUTORS AND LAW
ENFORCEMENT OFFICERS.] To the greatest degree possible, the
investigation task force shall cooperate and collaborate with
existing prosecutorial offices and law enforcement agencies.
Subd. 8. [PROSECUTOR.] A participating local governmental
unit may seek a grant for reimbursement for the time and
resources that a prosecutor and the prosecutor's staff dedicate
to the investigation task force. In order to receive a grant
under this subdivision, a participating local governmental unit
must provide a 25 percent match in nonstate funds or in-kind
contributions either directly from its budget or from businesses
directly donating support. A participating prosecutor shall
remain an employee of the contributing county.
Subd. 9. [FORFEITURE.] Property seized by the
investigation task force is subject to forfeiture pursuant to
sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership
cannot be established. The investigation task force shall
receive the proceeds from the sale of all property that it
properly seizes and that is forfeited.
Subd. 10. [REQUIRED REPORTS.] (a) Beginning June 30, 2002,
the commander of the investigation task force shall report
annually to the commissioner on the activities of the
investigation task force and the use of grants awarded under
article 1, section 10, subdivision 7, paragraph (d).
(b) By March 1, 2003, the commissioner of public safety
shall report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions
having jurisdiction over criminal justice policy and funding on
the activities of the investigation task force and the use of
grants awarded under article 1, section 10, subdivision 7,
paragraph (d).
Subd. 11. [EXPIRATION.] This section expires on June 30,
2003.
Sec. 6. Minnesota Statutes 2000, section 299A.75,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.]
(a) The commissioner of public safety shall:
(1) develop and sponsor the implementation of statewide
plans, programs, and strategies to combat automobile theft,
improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for
those persons dealing with automobile theft;
(2) coordinate the development, adoption, and
implementation of plans, programs, and strategies relating to
interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been
funded in whole or in part to evaluate the effectiveness of the
plans and programs and withdraw funding should the commissioner
determine that a plan or program is ineffective or is no longer
in need of further financial support from the fund;
(4) develop a plan of operation including an assessment of
the scope of the problem of automobile theft, including areas of
the state where the problem is greatest; an analysis of various
methods of combating the problem of automobile theft; a plan for
providing financial support to combat automobile theft; a plan
for eliminating car hijacking; and an estimate of the funds
required to implement the plan; and
(5) distribute money pursuant to subdivision 3 from the
automobile theft prevention special revenue account for
automobile theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the state patrol and
local law enforcement agencies for automobile theft enforcement
teams;
(iii) providing financial support to state or local law
enforcement agencies for programs designed to reduce the
incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for
programs designed to reduce the incidence of automobile theft;
(v) providing financial support to judicial agencies for
programs designed to reduce the incidence of automobile theft;
(vi) providing financial support for neighborhood or
community organizations or business organizations for programs
designed to reduce the incidence of automobile theft, and to
educate people about the common methods of auto theft, the
models of automobiles most likely to be stolen, and the times
and places automobile theft is most likely to occur; and
(vii) providing financial support for automobile theft
educational and training programs for state and local law
enforcement officials, driver and vehicle services exam and
inspections staff, and members of the judiciary; and
(viii) conducting educational programs designed to inform
automobile owners of methods of preventing automobile theft and
to provide equipment, for experimental purposes, to enable
automobile owners to prevent automobile theft.
(b) The commissioner may not spend in any fiscal year more
than ten percent of the money in the fund for the program's
administrative and operating costs. The commissioner must
distribute the full amount of the proceeds credited to the
automobile theft prevention special revenue account each year.
Sec. 7. Minnesota Statutes 2000, section 299A.75, is
amended by adding a subdivision to read:
Subd. 3. [CRITERIA; APPLICATION.] (a) A county attorney's
office, law enforcement agency, neighborhood organization,
community organization, or business organization may apply for a
grant under this section. Multiple offices or agencies within a
county may apply for a grant under this section.
(b) The commissioner must develop criteria for the fair
distribution of grants from the automobile theft prevention
account that address the following factors:
(1) the number of reported automobile thefts per capita in
a city, county, or region, not merely the total number of
automobile thefts;
(2) the population of the jurisdiction of the applicant
office or agency;
(3) the total funds distributed within a county or region;
and
(4) the statewide interest in automobile theft reduction.
(c) The commissioner may give priority to:
(1) offices and agencies engaged in a collaborative effort
to reduce automobile theft; and
(2) counties or regions with the greatest rates of
automobile theft.
(d) The minimum amount of a grant award is $5,000. After
considering the automobile theft rate and total population of an
applicant's jurisdiction, if a grant award, as determined under
the criteria and priorities in this subdivision, would be less
than $5,000, it must not be awarded.
Sec. 8. Minnesota Statutes 2000, section 299A.75, is
amended by adding a subdivision to read:
Subd. 4. [ADVISORY BOARD; CREATION; MEMBERSHIP.] An
automobile theft prevention advisory board is established to
advise the commissioner on the distribution of grants under this
section. The board must consist of seven members appointed by
the commissioner and must include representatives of law
enforcement, prosecuting agencies, automobile insurers, and the
public. The commissioner must annually select a chair from
among its members.
Sec. 9. Minnesota Statutes 2000, section 299F.058,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists
of representatives from the following agencies and organizations:
(1) the division of fire marshal;
(2) the bureau of criminal apprehension;
(3) the office of attorney general;
(4) the Minnesota county attorneys association;
(5) the Bureau of Alcohol, Tobacco, and Firearms of the
United States Treasury Department;
(6) the Minneapolis police and fire arson unit;
(7) the St. Paul police and fire arson unit;
(8) licensed private detectives selected by the state fire
marshal or the attorney general or their designees; and
(9) any other arson experts the arson strike force deems
appropriate to include.
(b) The arson strike force, as necessary, may consult and
work with representatives of property insurance agencies and
organizations and any other private organizations that have
expertise in arson investigations and prosecutions.
(c) Representatives from the attorney general's office and
the county attorneys association who are members of the arson
strike force may assist in administering the strike force.
(d) The strike force expires June 30, 2001 2003.
Sec. 10. Minnesota Statutes 2000, section 480.182, is
amended to read:
480.182 [STATE ASSUMPTION OF CERTAIN COURT COSTS.]
(a) Notwithstanding any law to the contrary, the state
courts will pay for the following court-related programs and
costs:
(1) court interpreter program costs, including the costs of
hiring court interpreters;
(2) guardian ad litem program and personnel costs;
(3) examination costs, not including hospitalization or
treatment costs, for mental commitments and related proceedings
under chapter 253B;
(4) examination costs under rule 20 of the Rules of
Criminal Procedure;
(5) in forma pauperis costs;
(6) costs for transcripts mandated by statute, except in
appeal cases and postconviction cases handled by the board of
public defense; and
(7) jury program costs, not including personnel.
(b) In counties in a judicial district under section
480.181, subdivision 1, paragraph (b), the state courts shall
pay the witness fees and mileage fees specified in sections
253B.23, subdivision 1; 260B.152, subdivision 2; 260C.152,
subdivision 2; 260B.331, subdivision 3, clause (a); 260C.331,
subdivision 3, clause (a); 357.24; 357.32; 525.012, subdivision
5; and 627.02.
Sec. 11. Minnesota Statutes 2000, section 611.272, is
amended to read:
611.272 [ACCESS TO GOVERNMENT DATA.]
The district public defender, the state public defender, or
an attorney working for a public defense corporation under
section 611.216 has access to the criminal justice data
communications network described in section 299C.46, as provided
in this section. Access to data under this section is limited
to data regarding the public defender's own client as necessary
to prepare criminal cases in which the public defender has been
appointed, including, but not limited to, criminal history data
under section 13.87; juvenile offender data under section
299C.095; warrant information data under section 299C.115;
incarceration data under section 299C.14; conditional release
data under section 299C.147; and diversion program data under
section 299C.46, subdivision 5. The public defender does not
have access to law enforcement active investigative data under
section 13.82, subdivision 7; data protected under section
13.82, subdivision 17; or confidential arrest warrant indices
data under section 13.82, subdivision 19. The public defender
has access to the data at no charge, except for the monthly
network access charge under section 299C.46, subdivision 3,
paragraph (b), and a reasonable installation charge for a
terminal. Notwithstanding section 13.87, subdivision 3, there
shall be no charge to public defenders for Internet access to
public criminal history data.
Sec. 12. Minnesota Statutes 2000, section 611A.25,
subdivision 3, is amended to read:
Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059
governs the filling of vacancies and removal of members of the
sexual assault advisory council. The terms of the members of
the advisory council shall be two years. No member may serve on
the advisory council for more than two consecutive terms. The
council expires on June 30, 2001 2003. Council members shall
receive expense reimbursement as specified in section 15.059.
Sec. 13. Minnesota Statutes 2000, section 611A.361,
subdivision 3, is amended to read:
Subd. 3. [TERMS; VACANCIES; EXPENSES.] Section 15.059
governs the filling of vacancies and removal of members of the
general crime victims advisory council. The terms of the
members of the advisory council shall be two years. No member
may serve on the advisory council for more than two consecutive
terms. The council expires on June 30, 2001 2003. Council
members shall receive expense reimbursement as specified in
section 15.059.
Sec. 14. Minnesota Statutes 2000, section 611A.74,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The office of crime victim
ombudsman for Minnesota is created. The ombudsman shall be
appointed by the governor, shall serve in the unclassified
service at the pleasure of the governor, and shall be selected
without regard to political affiliation. No person may serve as
ombudsman while holding any other public office. The ombudsman
is directly accountable to the governor and must periodically
report to the commissioner of public safety on the operations
and activities of the office. The ombudsman shall have the
authority to investigate decisions, acts, and other matters of
the criminal justice system so as to promote the highest
attainable standards of competence, efficiency, and justice for
crime victims in the criminal justice system.
Sec. 15. [626.8441] [RESPONDING TO CALLS INVOLVING
EMOTIONAL CRISES AND MENTAL ILLNESS; MODEL PROGRAM PILOT
PROJECTS.]
Subdivision 1. [MODEL POLICING PROGRAM.] The commissioner
of public safety, in consultation with the community mental
health peace officer advisory board named under subdivision 2,
may award grants to (1) develop models of community policing
that are responsive to the unique needs of the law enforcement
and mental health systems in Minnesota, and (2) promote these
models throughout the state. Grants may be awarded to either
existing or new projects. The commissioner may approve the
implementation of community policing pilot projects in
metropolitan and rural areas. In order to receive funding, a
pilot project must focus on the following:
(1) responding in a knowledgeable and sensitive way to
persons exhibiting symptoms of mental illness, to persons having
drug-related reactions, and to others who may be in an emotional
or mental crisis;
(2) significantly reducing the risk of harm to the
individuals who are the subjects of such calls, to the officers
responding to the calls, and to the general public;
(3) identifying and implementing a continuum of
intervention strategies that will prevent escalation, produce
de-escalation, and minimize the use of force; and
(4) creating partnerships with community resources that
result in positive resolution, reduction, and prevention of
potentially harmful incidents.
Subd. 2. [COMMUNITY MENTAL HEALTH PEACE OFFICER ADVISORY
BOARD.] A community mental health peace officer advisory board
must be appointed by the commissioner of public safety and must
consist of the following members:
(1) two licensed peace officers;
(2) two representatives from the association of chiefs of
police;
(3) two representatives from the Minnesota state sheriff's
association;
(4) a representative from the mental health consumer
survivor network;
(5) a representative from the mental health association of
Minnesota;
(6) a representative from the alliance for the mentally
ill;
(7) a representative from a county social services agency
or human services board as defined in section 256E.03;
(8) a community mental health provider;
(9) a mental health professional;
(10) a law enforcement educator with experience training
peace officers to respond to mental illness calls; and
(11) other members deemed appropriate by the commissioner.
In making appointments to the board, the commissioner must
take into consideration metropolitan and rural interests. The
board must advise the commissioner on the model policing
programs and on related areas of concern to persons with mental
illnesses, peace officers, and the public. No per diem may be
paid to members of the board. The board expires June 30, 2003.
Sec. 16. Laws 1996, chapter 408, article 2, section 16, is
amended to read:
Sec. 16. [REPEALER.]
(a) Minnesota Statutes 1994, section 299A.60, is repealed.
(b) Section 1 is repealed January 1, 2002.
Sec. 17. [REPORT; MENTAL ILLNESS CALLS; PILOT PROJECTS.]
The development, implementation, and outcomes of the pilot
projects authorized under Minnesota Statutes, section 626.8441,
subdivision 1, must be evaluated by the commissioner of public
safety and a written preliminary report must be submitted to the
chairs of the house of representatives and senate committees
having jurisdiction over crime prevention and judiciary finance
issues by January 1, 2002. A final report must be submitted by
January 1, 2003.
Sec. 18. [DEVELOPMENT OF AND GRANTS FOR ALTERNATIVE
DISPUTE RESOLUTION PROGRAMS.]
Subdivision 1. [DEVELOPMENT; OPERATION; PURPOSE.] The
third and fifth judicial districts must develop, or continue the
operation of, alternative dispute resolution programs to provide
services in conciliation court cases and unlawful detainer
proceedings. The purposes of the programs are to provide
increased efficiency of court proceedings, reduce court costs,
allow judges to provide added attention to cases on the regular
docket, improve the quality of justice, and improve collection
of judgments. Volunteer community mediators must be trained to
conduct the mediations.
Subd. 2. [CONTRACTS; GRANTS.] The third and fifth judicial
districts may contract with or provide grants to a person or
organization to develop and operate alternative dispute
resolution programs under this section. Grants or contract
awards can be in amounts up to $40,000. A person or
organization that develops or operates a program under this
section must provide matching funds from nonstate sources equal
to at least 50 percent of the grant or contract award.
Subd. 3. [ELIGIBILITY.] An alternative dispute resolution
program developed or operated under this section must meet the
requirements for dispute resolution programs under Minnesota
Statutes, chapter 494.
Subd. 4. [REPORTING.] By January 1, 2003, the district
court administrators from the third and fifth judicial districts
must jointly report to the legislature on the results of the
alternative dispute resolution programs developed or operated
under this section.
Sec. 19. [CHILD SUPPORT PILOT PROJECT; NINTH JUDICIAL
DISTRICT.]
Subdivision 1. [PILOT PROJECT.] (a) The ninth judicial
district may establish a pilot project to implement the
provisions relating to the six-month review under subdivision 2
and an accounting for child support by an obligee under
subdivision 3.
(b) The ninth judicial district and the state court
administrator are requested to evaluate the six-month review and
accounting for child support pilot project and submit a report
to the chairs and ranking minority members of the house and
senate committees having jurisdiction over child support and
family law policy and funding by January 1, 2003. The
evaluation should measure:
(1) the fiscal impact on the courts and local government;
and
(2) increased child support collections and compliance with
parenting time.
(c) The provisions in subdivisions 2 and 3 apply only to
the pilot project established under this section.
Subd. 2. [SIX-MONTH REVIEW.] (a) A decree of dissolution
or legal separation or an order that establishes child custody,
parenting time, or support rights and obligations of parents
must contain a review date six months after its entry and an
attached request for review hearing form. The request for
review hearing form shall be prepared by the state court
administrator.
(b) The six-month review hearing shall be held if any party
submits a written request prior to 60 days before the review
date. If no party requests a hearing, the matter shall be
stricken.
(c) Upon receipt of a completed request for hearing form,
the court administrator shall provide notice of the hearing to
all other parties and the public authority.
(d) At the six-month hearing, the court must review:
(1) whether child support is current; and
(2) whether both parties are complying with the parenting
time provisions of the order.
(e) At the six-month hearing, the obligor has the burden to
present evidence to establish that child support payments are
current. A party may request that the public authority provide
information to the parties and court regarding child support
payments. A party must request the information from the public
authority at least 14 days before the hearing. The commissioner
of human services must develop a form to be used by the public
authority to submit child support payment information to the
parties and court.
(f) Contempt of court and all statutory remedies for child
support and parenting time enforcement may be imposed by the
court at the six-month hearing for noncompliance by either party
pursuant to Minnesota Statutes, chapters 518 and 588 and the
Minnesota rules of court.
Subd. 3. [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a)
Upon the motion of an obligor, a court may order an obligee to
account for the use or disposition of child support received.
The motion must assert the specific allegations of abuse or
misapplication of child support received and that a child's
needs are not being met. If the court orders a hearing, the
court may order an accounting only if the obligor establishes
the specific allegations of abuse or misapplication of child
support received and that the child's needs are not being met.
(b) If the court orders an accounting under paragraph (a),
the obligee must provide documentation that breaks down monthly
expenditures of child support received into the following
categories:
(1) housing and utilities;
(2) food;
(3) transportation;
(4) clothing;
(5) health care;
(6) child care and education; and
(7) miscellaneous.
An obligee may account for expenditures on housing, utilities,
food, and transportation that are attributable to multiple
household members on a per capita basis.
(c) If the court finds that an obligee does not make the
accounting required under paragraph (b) or the obligee does not
spend the entire child support payment on behalf of the child,
the court may:
(1) hold the obligee in contempt of court;
(2) reduce or eliminate the obligor's child support
obligation;
(3) order the obligee to make future expenditures on behalf
of the child, whether in whole or in part, in a manner that
documents the transaction; or
(4) make any other appropriate order to ensure that the
needs of the child are met.
(d) If the court determines that an obligor's motion under
this section is brought in bad faith, the court may award
reasonable attorney fees to the obligee.
Sec. 20. [DATA COLLECTION; REPORT.]
(a) By January 15 of each year, each chief of police and
sheriff shall report to the superintendent of the bureau of
criminal apprehension the following summary data related to
applications for permits to carry pistols under Minnesota
Statutes, section 624.714, for the preceding calendar year:
(1) the number of applications received;
(2) the number of permits granted;
(3) the reasons given by the applicants for seeking the
permits;
(4) the number of permits denied and the specific reason
for each denial;
(5) the number of permits issued by the chief or sheriff
that are valid as of December 31 of the preceding year; and
(6) the number of convictions and types of crimes committed
since the previous report, and in total, by individuals with
permits to carry, including data as to whether a firearm
lawfully carried solely by virtue of a permit to carry was
actually used in furtherance of the crime.
The specific reason for the denial required in clause (4)
includes, but is not limited to, the applicant being prohibited
from possessing a firearm under Minnesota Statutes, section
624.713, the applicant not providing a firearms safety
certificate, and the applicant not having an occupation or
personal safety hazard requiring a permit to carry. If the
applicant was denied the permit based on being prohibited under
Minnesota Statutes, section 624.713, the specific prohibition
must be cited. If the denial is based on a criminal conviction,
the specific crime of conviction must be cited.
(b) By February 15 of each year, the superintendent shall
report a summary of the data collected under paragraph (a) to
the chairs and ranking minority members of the senate and house
committees having jurisdiction over criminal justice policy.
(c) This section expires June 30, 2003.
Sec. 21. [FEE INCREASE APPROVAL; PRIVATE DETECTIVES
BOARD.]
Fee increases proposed for the private detectives board by
the governor in the 2002-2003 criminal justice biennial budget
document are approved.
Sec. 22. [JUDICIAL SALARY INCREASES.]
The salaries of supreme court justices, court of appeals
judges, and district court judges are increased by 6.5 percent
on July 1, 2001, 6.5 percent on April 1, 2002, three percent on
January 1, 2003, and three percent on January 1, 2004.
Sec. 23. H.F. No. 1, article 5, section 22, if enacted by
the first special session of the 2001 legislature, is amended to
read:
Sec. 22. [APPROPRIATION.]
(a) The supreme court trial courts general fund
appropriation base is increased by $39,240,000 in fiscal year
2004 and by an additional $17,316,000 in fiscal year 2005. In
fiscal years 2006 and 2007 the supreme court trial courts may
request additional base adjustments to reflect the transfer of
the remaining judicial districts.
(b) $8,701,253 is appropriated to the supreme court trial
courts from the general fund in each of fiscal years 2002 and
2003 to be used to pay the costs of mandated court services
assumed by the state under Minnesota Statutes, section 480.183,
subdivision 1.
(c) For each of fiscal years 2004 and 2005, $1,700,000 is
appropriated from the general fund to the supreme court trial
courts to fund court takeover equity adjustments. These amounts
must be added to the court base budget in subsequent fiscal
years.
[EFFECTIVE DATE.] This section is effective at the time
H.F. No. 1, article 5, section 22, if enacted by the first
special session of the 2001 legislature, takes effect.
Sec. 24. [EFFECTIVE DATES.]
Of the additional judge units in the tenth district, one is
effective October 1, 2001, and the other is effective July 1,
2002. One judge unit in the third district is effective April
1, 2002. One judge unit in the seventh district and one judge
unit in the first district are effective January 1, 2003.
Unless specified otherwise for any particular section, the
remaining sections in this article are effective July 1, 2001.
ARTICLE 6
CRIMNET
Section 1. Minnesota Statutes 2000, section 299C.10,
subdivision 1, is amended to read:
Subdivision 1. [LAW ENFORCEMENT DUTY REQUIRED
FINGERPRINTING.] (a) It is hereby made the duty of the Sheriffs
of the respective counties, of the police, peace officers in
cities of the first, second, and third classes, under the
direction of the chiefs of police in such cities, and of
community corrections agencies operating secure juvenile
detention facilities to shall take or cause to be taken
immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known
aliases or street names, and other identification data requested
or required by the superintendent of the bureau, of the
following:
(1) persons arrested for, appearing in court on a charge
of, or convicted of a felony or, gross misdemeanor, or targeted
misdemeanor;
(2) juveniles arrested for, appearing in court on a charge
of, adjudicated delinquent for, or alleged to have committed
felonies or gross misdemeanors as distinguished from those
committed by adult offenders;
(3) persons reasonably believed by the arresting officer to
be fugitives from justice;
(4) persons in whose possession, when arrested, are found
concealed firearms or other dangerous weapons, burglar tools or
outfits, high-power explosives, or articles, machines, or
appliances usable for an unlawful purpose and reasonably
believed by the arresting officer to be intended for such
purposes; and
(5) juveniles referred by a law enforcement agency to a
diversion program for a felony or gross misdemeanor offense.
Unless the superintendent of the bureau requires a shorter
period, within 24 hours the fingerprint records and other
identification data specified under this paragraph must be
forwarded to the bureau of criminal apprehension on such forms
and in such manner as may be prescribed by the superintendent of
the bureau of criminal apprehension.
(b) Effective August 1, 1997, the identification reporting
requirements shall also apply to persons arrested for or alleged
to have committed targeted misdemeanor offenses and juveniles
arrested for or alleged to have committed gross misdemeanors.
In addition, the reporting requirements shall include any known
aliases or street names of the offenders Prosecutors, courts,
and probation officers shall attempt to ensure that the required
identification data is taken on a person described in paragraph
(a).
(c) For purposes of this section, a targeted misdemeanor is
a misdemeanor violation of section 169A.20 (driving while
impaired), 518B.01 (order for protection violation), 609.224
(fifth degree assault), 609.2242 (domestic assault), 609.746
(interference with privacy), 609.748 (harassment or restraining
order violation), or 617.23 (indecent exposure).
Sec. 2. Minnesota Statutes 2000, section 299C.11, is
amended to read:
299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
(a) The Each sheriff of each county and the chief of police
of each city of the first, second, and third classes shall
furnish the bureau, upon such form as the superintendent shall
prescribe, with such finger and thumb prints, photographs,
distinctive physical mark identification data, information on
known aliases and street names, and other identification data as
may be requested or required by the superintendent of the
bureau, which may must be taken under the provisions of section
299C.10, of persons who shall be convicted of a felony, gross
misdemeanor, or who shall be. In addition, sheriffs and chiefs
of police shall furnish this identification data to the bureau
for individuals found to have been convicted of a felony or,
gross misdemeanor, or targeted misdemeanor, within the ten years
next immediately preceding their arrest.
(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of
probable cause; or
(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.
Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.
(d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.
(e) For purposes of this section,:
(1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
(1) (i) the sealing of a criminal record pursuant to
section 152.18, subdivision 1, 242.31, or chapter 609A;
(2) (ii) the arrested person's successful completion of a
diversion program;
(3) (iii) an order of discharge under section 609.165; or
(4) (iv) a pardon granted under section 638.02; and
(2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.
Sec. 3. [299C.111] [SUSPENSE FILE REPORTING.]
(a) By June 1 and December 1 of each year, the
superintendent shall:
(1) provide an entity or individual having responsibility
regarding identification data under section 299C.10 and the
criminal and juvenile justice information policy group with
summary data on the number of disposition records pertaining to
the entity or individual that have not been linked to an arrest
record; and
(2) provide the criminal and juvenile justice information
policy group with the number of identification records not
entered on the automated fingerprint identification system and
the criminal history files.
(b) The superintendent shall immediately notify the
appropriate entity or individual when a disposition record is
received that cannot be linked to an arrest record.
Sec. 4. Minnesota Statutes 2000, section 299C.147,
subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT.] The bureau shall administer and
maintain a computerized data system for the purpose of assisting
criminal justice agencies in monitoring and enforcing the
conditions of conditional release imposed on criminal offenders
by a sentencing court or the commissioner of corrections. The
data in the system are private data as defined in section 13.02,
subdivision 12, but are accessible to criminal justice agencies
as defined in section 13.02, subdivision 3a, to public defenders
as provided in section 611.272, to the district court, and to
criminal justice agencies in other states in the conduct of
their official duties.
Sec. 5. Minnesota Statutes 2000, section 299C.65,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The criminal and
juvenile justice information policy group consists of the
commissioner of corrections, the commissioner of public safety,
the commissioner of administration, the commissioner of finance,
and four members of the judicial branch appointed by the chief
justice of the supreme court. The policy group may appoint
additional, nonvoting members as necessary from time to time.
(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner and the policy
group have overall responsibility for the successful completion
of statewide criminal justice information system integration
(CriMNet). The policy group may hire a program manager to
manage the CriMNet projects and to be responsible for the
day-to-day operations of CriMNet. The policy group must ensure
that generally accepted project management techniques are
utilized for each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management; and
(8) proven methodology.
(c) Products and services for CriMNet project management,
system design, implementation, and for application hosting must
be acquired using an appropriate procurement process, which
includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification
of potential sources;
(3) competitive bid solicitation, evaluation, and
selection; and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations
to the governor, the supreme court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;
(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;
(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;
(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;
(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;
(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;
(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;
(10) the impact of integrated criminal justice information
systems on individual privacy rights;
(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;
(12) the collection of data on race and ethnicity in
criminal justice information systems;
(13) the development of a tracking system for domestic
abuse orders for protection;
(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and
(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.
Sec. 6. Minnesota Statutes 2000, section 299C.65,
subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall
file an annual report with the governor, supreme court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.
(b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the policy group shall appoint a task force
consisting of its members or their designees and the following
additional members:
(1) the director of the office of strategic and long-range
planning;
(2) two sheriffs recommended by the Minnesota sheriffs
association;
(3) two police chiefs recommended by the Minnesota chiefs
of police association;
(4) two county attorneys recommended by the Minnesota
county attorneys association;
(5) two city attorneys recommended by the Minnesota league
of cities;
(6) two public defenders appointed by the board of public
defense;
(7) two district judges appointed by the conference of
chief judges, one of whom is currently assigned to the juvenile
court;
(8) two community corrections administrators recommended by
the Minnesota association of counties, one of whom represents a
community corrections act county;
(9) two probation officers;
(10) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business
community who have expertise in integrated information systems;
(11) two court administrators;
(12) one member of the house of representatives appointed
by the speaker of the house;
(13) one member of the senate appointed by the majority
leader;
(14) the attorney general or a designee;
(15) the commissioner of administration or a designee;
(16) an individual recommended by the Minnesota league of
cities; and
(17) an individual recommended by the Minnesota association
of counties.
In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.
(c) The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.
Sec. 7. [609.118] [FINGERPRINTING REQUIRED.]
(a) When a person is convicted of a felony, gross
misdemeanor, or targeted misdemeanor, as defined in section
299C.10, subdivision 1, or is adjudicated delinquent for a
felony or gross misdemeanor, the court shall order the offender
to immediately report to the law enforcement agency responsible
for the collection of fingerprint and other identification data
required under section 299C.10, regardless of the sentence
imposed or executed.
(b) Paragraph (a) does not apply if the person is remanded
to the custody of a law enforcement agency or if the
identification data was collected prior to the conviction or
adjudication for the offense.
(c) A person who fails to obey a court order under
paragraph (a) is subject to probation revocation, contempt of
court, or any other appropriate remedy.
(d) This section does not limit or restrict any other
statutory requirements or local policies regarding the
collection of identification data.
Sec. 8. [OUTSIDE REVIEW.]
The commissioner of administration shall obtain an
independent outside expert to review the CriMNet projects funded
in this act. By February 15, 2002, the outside expert shall
report to the chairs and ranking minority members of the senate
and house committees and divisions having jurisdiction over
criminal justice policy and funding on the results of the review.
Sec. 9. [EFFECTIVE DATE.]
Sections 1 to 8 are effective July 1, 2001.
ARTICLE 7
ANTI-RACIAL PROFILING
Section 1. Minnesota Statutes 2000, section 357.021,
subdivision 6, is amended to read:
Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.]
(a) The court shall impose and the court administrator shall
collect a $25 $28 surcharge on every person convicted of any
felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, other than a violation of a law or ordinance relating
to vehicle parking. The surcharge shall be imposed whether or
not the person is sentenced to imprisonment or the sentence is
stayed.
(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the $25 surcharge, collect the surcharge and
correct the record.
(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
(d) The court administrator or other entity collecting a
surcharge shall forward it to the state treasurer.
(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the state treasurer.
Sec. 2. Minnesota Statutes 2000, section 357.021,
subdivision 7, is amended to read:
Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.]
(a) Except as provided in paragraph (b), the state treasurer
shall disburse surcharges received under subdivision 6 and
section 97A.065, subdivision 2, as follows:
(1) one percent of the surcharge shall be credited to the
game and fish fund to provide peace officer training for
employees of the department of natural resources who are
licensed under sections 626.84 to 626.863, and who possess peace
officer authority for the purpose of enforcing game and fish
laws;
(2) 39 percent of the surcharge shall be credited to the
peace officers training account in the special revenue fund; and
(3) 60 percent of the surcharge shall be credited to the
general fund.
(b) The state treasurer shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2,
to a criminal justice special projects account in the special
revenue fund. This account is available for appropriation to
the commissioner of public safety for grants to law enforcement
agencies and for other purposes authorized by the legislature.
Sec. 3. [626.8471] [AVOIDING RACIAL PROFILING; POLICIES
AND LEARNING OBJECTIVES REQUIRED.]
Subdivision 1. [PURPOSE.] The legislature finds that the
reality or public perception of racial profiling alienates
people from police, hinders community policing efforts, and
causes law enforcement to lose credibility and trust among the
people law enforcement is sworn to protect and serve. No stop
initiated by a peace officer should be made without a legitimate
reason; race, ethnicity, or national origin alone should never
provide a sufficient reason. Law enforcement policies and
training programs must emphasize the need to respect the balance
between the rights of all persons to be free from unreasonable
governmental intrusions and law enforcement's need to enforce
the law.
Subd. 2. [DEFINITION.] "Racial profiling" means any action
initiated by law enforcement that relies upon the race,
ethnicity, or national origin of an individual rather than:
(1) the behavior of that individual; or
(2) information that leads law enforcement to a particular
individual who has been identified as being engaged in or having
been engaged in criminal activity.
Racial profiling includes use of racial or ethnic
stereotypes as factors in selecting whom to stop and search.
Racial profiling does not include law enforcement's use of race
or ethnicity to determine whether a person matches a specific
description of a particular subject.
Subd. 3. [STATEWIDE MODEL POLICY.] (a) The board of peace
officer standards and training shall consult with the Minnesota
chiefs of police association, the Minnesota sheriffs
association, the racial profiling advisory committee, and the
Minnesota police and peace officers association in developing an
antiracial profiling model policy governing the conduct of peace
officers engaged in stops of citizens. This policy shall define
racial profiling and identify conduct that violates the law.
The policy must also include a duty to give the officer's name
or badge number and identify the officer's department during
routine traffic stops.
(b) The board shall adopt a model policy and distribute the
model policy to all chief law enforcement officers by August 1,
2001.
Subd. 4. [AGENCY POLICIES REQUIRED.] (a) By November 1,
2001, the chief law enforcement officer of every state and local
law enforcement agency must establish and enforce a written
antiracial profiling policy governing the conduct of peace
officers engaged in stops of citizens. The chief law
enforcement officer shall ensure that each peace officer
receives a copy of the agency's antiracial profiling policy.
The chief law enforcement officer also must ensure that each
peace officer is aware of the policy's purpose and the conduct
prohibited by it.
(b) The policy must, at a minimum, comply with the
requirements of the model policy adopted by the board under
subdivision 3.
(c) Every state and local law enforcement agency must
certify to the board that it has adopted a written policy in
compliance with the board's model policy.
(d) The board shall assist the chief law enforcement
officer of each state and local law enforcement agency in
developing and implementing antiracial profiling policies under
this subdivision.
Subd. 5. [PRESERVICE TRAINING LEARNING OBJECTIVES;
REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare
learning objectives for preservice training to instruct peace
officers in avoiding racial profiling when making stops of
citizens. These learning objectives shall be included in the
required curriculum of professional peace officer education
programs.
(b) An individual is not eligible to take the peace officer
licensing examination or the part-time peace officer licensing
examination on or after June 1, 2002, unless:
(1) the individual has received the training described in
paragraph (a); and
(2) the individual has completed a psychological evaluation
demonstrating that the individual is not likely to engage in
racial profiling.
Subd. 6. [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By
August 1, 2001, the board shall prepare learning objectives for
in-service training to instruct peace officers in avoiding
racial profiling when making stops of citizens. The board shall
evaluate and monitor in-service training courses to ensure they
satisfy the learning objectives.
Subd. 7. [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS;
REQUIREMENTS.] The executive director of the board of peace
officer standards and training shall prepare training materials
to provide chief law enforcement officers and other peace
officers with supervisory authority with information on how to
detect and respond to racial profiling by peace officers under
their command. The training materials must address both the
agency's antiracial profiling policy and procedural components
aimed at eliminating racial profiling in stops of citizens. The
materials must include information on federal and state
constitutional and statutory laws prohibiting discrimination by
law enforcement. The procedural information must describe
conduct that is unlawful or inappropriate and present guidelines
for reinforcing techniques that are lawful and appropriate. The
procedural information shall discuss appropriate search and
seizure and interviewing techniques.
Subd. 8. [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The
board has authority to inspect state and local agency policies
to ensure compliance with subdivision 4. The board may conduct
this inspection based upon a complaint it receives about a
particular agency or through a random selection process.
Sec. 4. [626.8515] [CERTAIN BACCALAUREATE DEGREE HOLDERS
ELIGIBLE TO TAKE LICENSING EXAMINATION.]
A person with a baccalaureate degree from an accredited
college or university who has successfully completed a
board-certified practical skills oriented basic training course
is eligible to take the peace officer licensing examination.
Sec. 5. [626.8517] [ELIGIBILITY FOR RECIPROCITY
EXAMINATION BASED ON RELEVANT MILITARY EXPERIENCE.]
(a) For purposes of this section, "relevant military
experience" means five years of active duty military police
service.
(b) A person who has relevant military experience and who
has been honorably discharged from the military is eligible to
take the reciprocity examination.
Sec. 6. [626.951] [RACIAL PROFILING STUDY; REPORT
REQUIRED.]
Subdivision 1. [RACIAL PROFILING STUDY.] (a) The
commissioner of public safety shall oversee a statewide study on
traffic stops of citizens to determine whether racial profiling
exists. Law enforcement agencies that decide to participate in
the study shall follow the procedures set forth by this
section. Agencies that receive state money for the installation
of video cameras in police vehicles shall participate in the
study.
(b) The data that must be collected as part of this study
include:
(1) the location of the stop;
(2) the date and time of the stop;
(3) the age, race/ethnicity, and gender of the driver;
(4) the traffic violation or reason that led to the stop;
(5) the disposition of the stop, arrest, citation, warning,
or no action;
(6) whether a search was conducted of the driver,
passengers, or vehicle;
(7) if a search was conducted, the authority for the
search;
(8) if a search was conducted, whether any contraband was
discovered or seized and the nature of the contraband;
(9) whether the officer knew the race/ethnicity of the
driver before the stop; and
(10) the law enforcement agency's code.
(c) The time period of the study shall be 12 months,
beginning on January 1, 2002, and ending December 31, 2002.
(d) The elements listed in paragraph (b) are the minimum
that a law enforcement agency participating in the study must
collect. Nothing in this section prohibits an agency from
voluntarily collecting additional data elements. If an agency
collects additional data elements, the data are classified as
provided in subdivision 7.
Subd. 2. [SUBMISSION OF DATA TO COMMISSIONER.] On a
frequency determined by the commissioner of public safety, each
chief law enforcement officer of a law enforcement agency
participating in the study shall submit to the commissioner the
data described in subdivision 1 for each traffic stop conducted
by the agency's law enforcement officers.
Subd. 3. [METHOD OF DATA COLLECTION.] A chief law
enforcement officer may collect and submit the data described in
this section electronically, if the method of doing so is
compatible with the department of public safety's computer
system, or on paper forms supplied by the commissioner of public
safety.
Subd. 4. [OUTSIDE EXPERT.] The commissioners of
administration and public safety shall retain a sufficiently
experienced and independent organization or individual to:
(1) design and oversee the data collection process
described in this section;
(2) develop baseline measures to analyze the data
collected;
(3) develop and implement a data compliance auditing
process that ensures the accuracy of data collected through,
among other things, periodic spot checks; and
(4) analyze the data collected.
Subd. 5. [OTHER DUTIES OF COMMISSIONER.] The commissioner
of public safety shall:
(1) ensure that data forwarded to the commissioner under
this section is entered into a central database in a timely
manner;
(2) cooperate with the outside expert to facilitate the
ability of the expert to fulfill its duties under this section,
including allowing the expert sufficient access to the compiled
data; and
(3) develop and distribute to law enforcement agencies
participating in the study a paper form to collect the data.
Subd. 6. [REPORT REQUIRED.] The outside expert shall
analyze the data collected to determine the degree to which, if
at all, racial profiling occurs in traffic stops made by law
enforcement agencies participating in the study within the
state. By December 1, 2003, the expert shall report the results
of the analysis to the chairs of the senate and house committees
having jurisdiction over criminal justice policy.
Subd. 7. [DATA.] If law enforcement agencies collect data
for purposes of traffic stops, the data collected, including
video data, are private data on individuals or nonpublic data as
defined in section 13.02. This subdivision does not affect the
classification of the same data collected for other law
enforcement purposes.
Sec. 7. [626.9513] [RACIAL PROFILING ADVISORY COMMITTEE.]
Subdivision 1. [COMMITTEE ESTABLISHED; MEMBERS.] (a) The
racial profiling advisory committee consists of the following
individuals or their designees:
(1) the executive director of the Minnesota chiefs of
police association;
(2) the executive director of the Minnesota police and
peace officers association;
(3) the executive director of the Minnesota sheriffs
association;
(4) a chief of police, selected by the Minnesota chiefs of
police association;
(5) a member of the Minnesota police and peace officers
association, selected by the association;
(6) the executive director of the council on Asian-Pacific
Minnesotans;
(7) the executive director of the council on Black
Minnesotans;
(8) the executive director of the council on Indian
affairs;
(9) the executive director of the council on Chicano-Latino
people affairs;
(10) the executive director of an Urban League chapter,
selected by agreement of the executive directors of the Urban
League chapters within the state;
(11) the president of a National Association for the
Advancement of Colored People branch, selected by agreement of
the presidents of the National Association for the Advancement
of Colored People branches within the state;
(12) one person appointed by the commissioner of public
safety; and
(13) one person appointed by the Black Ministers Alliance.
Subd. 2. [DUTIES.] The racial profiling advisory committee
must:
(1) advise the board of peace officer standards and
training on the development of the statewide antiracial
profiling model policy under section 626.8471, subdivision 3;
(2) advise the board of peace officer standards and
training on racial profiling training objectives, materials, and
implementation;
(3) advise the attorney general on the racial profiling
public awareness campaign; and
(4) advise the peace officer standards and training board
on any other policies relating to racial profiling based on the
review of summary data on racial profiling complaints.
Subd. 3. [COMMITTEE ACTION.] Committee action, including
any action recommended must be approved by a two-thirds majority
of the whole committee.
Subd. 4. [EXPIRATION.] The racial profiling advisory
committee expires on June 30, 2003.
Sec. 8. [626.9514] [TOLL-FREE TELEPHONE NUMBER.]
The attorney general shall operate and maintain a toll-free
telephone number for complaints dealing with racial profiling.
The attorney general must act as a clearinghouse for racial
profiling complaints and must forward complaints to the peace
officer standards and training board.
Sec. 9. [626.9517] [GRANT PROGRAM FOR INSTALLATION OF
VIDEO CAMERAS IN POLICE VEHICLES.]
Subdivision 1. [GRANTS; CAMERAS DESCRIBED.] The
commissioner of public safety shall make grants to law
enforcement agencies participating in the racial profiling study
described in section 626.951 for the purchase, installation, and
maintenance of video cameras on police vehicles designed to
record traffic stops. A video camera installed pursuant to a
grant under this section must:
(1) be automatically activated during every traffic stop;
(2) contain an audio feature; and
(3) be designed and installed so as to record the stop in
its entirety.
Cameras may not be equipped with manual shut-off switches
and must be activated for the entirety of a traffic stop.
Subd. 2. [STORAGE OF VIDEO.] Notwithstanding section
138.163 or 138.17, chief law enforcement officers of agencies
receiving grants under this section for video cameras in police
vehicles shall ensure that the video tape or disk from the
camera be stored for a minimum of 60 days after use. If the
chief law enforcement officer has not been instructed by the
board or the attorney general to maintain the tape or disk
beyond that period, the chief law enforcement officer may reuse
it. Tapes and disks must be stored and maintained under this
subdivision in an accessible manner. The tapes and disks must
be clearly labeled and ordered.
Subd. 3. [AVAILABILITY OF VIDEO TAPE.] A chief law
enforcement officer shall provide a copy of a video tape or disk
that recorded a traffic stop to the driver of the stopped
vehicle upon the driver's request and at the driver's expense if
the tape or disk has not yet been reused.
Sec. 10. [STUDY.]
The chief of the state patrol shall identify measures to
better recruit minorities and increase their representation in
the state patrol so it more accurately reflects the population
served by the state patrol. By January 15, 2002, the chief
shall report to the senate and house committees and divisions
having jurisdiction over criminal justice and transportation
policy and funding on the measures identified and the resources
needed to implement these measures.
Sec. 11. [REGIONAL TRAINING SEMINARS.]
The board of peace officer standards and training shall
facilitate regional seminars throughout the state to increase
awareness about racial profiling issues unique to specific
regions of the state and to promote a community-oriented
response to the issue of racial profiling. The training
seminars shall satisfy the learning objectives described in
Minnesota Statutes, section 626.8471, subdivision 6. These
seminars shall be completed by December 31, 2001.
Sec. 12. [REPORTS.]
Subdivision 1. [MODEL POLICY; TRAINING.] By February 15,
2002, the executive director of the board of peace officer
standards and training shall report to the house and senate
committees with jurisdiction over criminal justice funding on
the development of a model policy; learning objectives; regional
training seminars, including attendance figures for the
seminars; and the training materials prepared for chief law
enforcement officers and other officers with supervisory
authority.
Subd. 2. [COMPLAINTS.] The peace officer standards and
training board shall forward to the racial profiling advisory
committee, and make available to the public, summary data on
complaints received under Minnesota Statutes, section 626.9514.
Sec. 13. [INSTRUCTION TO REVISOR; LEGISLATIVE INTENT.]
The surcharge increase contained in Minnesota Statutes,
section 357.021, in this act is superseded by any other increase
to the surcharge enacted in the 2001 First Special Session.
Sec. 14. [APPROPRIATIONS.]
Subdivision 1. [SPECIAL REVENUE SPENDING AUTHORIZATION.]
(a) The commissioner of public safety is authorized to spend
funds appropriated from the criminal justice special projects
account in the special revenue fund under Minnesota Statutes,
section 357.021, subdivision 7, for:
(1) grants for video cameras under Minnesota Statutes,
section 626.9517;
(2) retaining the outside expert required under Minnesota
Statutes, section 626.951, subdivision 4;
(3) reimbursement to law enforcement agencies that
participate in the racial profiling study described in Minnesota
Statutes, section 626.951, for costs they incur in participating.
This amount must not exceed $325,000 and must be distributed as
described in paragraph (d);
(4) costs incurred by the commissioner to provide oversight
of the racial profiling study described in Minnesota Statutes,
section 626.951. This amount must not exceed $250,000; and
(5) increasing the amount available for reimbursements to
local agencies for the cost of administering board-approved
continuing education for peace officers to allow the following
agencies or divisions to be eligible to receive reimbursements
for training costs in the same manner and in like amounts as
local agencies:
(i) the state patrol;
(ii) alcohol and gambling enforcement;
(iii) the bureau of criminal apprehension; and
(iv) the office of special investigations in the department
of corrections.
The amount expended under this paragraph must not exceed
$535,000.
(b) The commissioner shall issue a request for proposals
and select a vendor from whom to purchase video cameras under
Minnesota Statutes, section 626.9517. The vendor selected must
provide maintenance and extended warranties for the cameras.
(c) The commissioner shall aggressively seek available
federal grants related to eliminating racial profiling and
assist local units of government to receive federal funding.
(d) The commissioner may reimburse law enforcement agencies
under paragraph (a), clause (3), in the following maximum
amounts:
(1) up to $5,000 for agencies with fewer than 100 full-time
sworn peace officers;
(2) up to $15,000 for agencies with at least 100, but fewer
than 300 full-time sworn peace officers;
(3) up to $30,000 for agencies with at least 300, but fewer
than 500 full-time sworn peace officers;
(4) up to $50,000 for agencies with at least 500, but fewer
than 800 full-time sworn peace officers; and
(5) up to $60,000 for agencies with 800 or more full-time
sworn peace officers.
Subd. 2. [SPECIAL REVENUE TRANSFER AUTHORIZATION.] (a) The
commissioner of public safety is authorized to transfer the
following amounts appropriated from the criminal justice special
projects account in the special revenue fund under Minnesota
Statutes, section 357.021, subdivision 7, for the purposes
indicated:
(1) $100,000 to the attorney general to:
(i) obtain and maintain the toll-free telephone number to
receive complaints under Minnesota Statutes, section 626.9514;
and
(ii) develop and implement, in consultation with the racial
profiling advisory committee, a public awareness campaign on the
issue of racial profiling and the availability of the toll-free
telephone number described in Minnesota Statutes, section
626.9514; and
(2) $350,000 to the peace officer standards and training
board for costs associated with the regional training seminars
described in section 11.
Subd. 3. [EXPIRATION AND USE.] The authorization in this
section expires June 30, 2003. Funds appropriated from the
criminal justice special projects account in the special revenue
fund under Minnesota Statutes, section 357.021, subdivision 7,
may be used only for the purposes authorized by this section.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 13 are effective July 1, 2001.
ARTICLE 8
GENERAL CRIMINAL PROVISIONS
Section 1. Minnesota Statutes 2000, section 152.02,
subdivision 2, is amended to read:
Subd. 2. [SCHEDULE I.] The following items are listed in
Schedule I:
(1) Any of the following substances, including their
isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, unless specifically excepted, whenever the existence
of such isomers, esters, ethers and salts is possible within the
specific chemical designation: Acetylmethadol; Allylprodine;
Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine;
Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine;
Clonitazene; Dextromoramide; Dextrorphan; Diampromide;
Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene;
Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene;
Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine;
Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine;
Noracymethadol; Norlevorphanol; Normethadone; Norpipanone;
Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine;
Piritramide; Proheptazine; Properidine; Racemoramide;
Trimeperidine.
(2) Any of the following opium derivatives, their salts,
isomers and salts of isomers, unless specifically excepted,
whenever the existence of such salts, isomers and salts of
isomers is possible within the specific chemical designation:
Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine;
Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine;
Desomorphine; Dihydromorphine; Etorphine; Heroin;
Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine
methylbromide; Morphine methylsulfonate; Morphine-N-Oxide;
Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine;
Thebacon.
(3) Any material, compound, mixture or preparation which
contains any quantity of the following hallucinogenic
substances, their salts, isomers and salts of isomers, unless
specifically excepted, whenever the existence of such salts,
isomers, and salts of isomers is possible within the specific
chemical designation: 3,4-methylenedioxy amphetamine;
3,4-methylenedioxymethamphetamine;
4-bromo-2,5-dimethoxyamphetamine; 2,5-dimethoxyamphetamine;
4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine;
Bufotenine; Diethyltryptamine; Dimethyltryptamine;
3,4,5-trimethoxy amphetamine; 4-methyl-2,
5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide;
marijuana; Mescaline; N-ethyl-3-piperidyl benzilate;
N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn;
Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine;
n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl)
pyrrolidine.
(4) Peyote, providing the listing of peyote as a controlled
substance in schedule I does not apply to the nondrug use of
peyote in bona fide religious ceremonies of the American Indian
Church, and members of the American Indian Church are exempt
from registration. Any person who manufactures peyote for or
distributes peyote to the American Indian Church, however, is
required to obtain federal registration annually and to comply
with all other requirements of law.
(5) Unless specifically excepted or unless listed in
another schedule, any material compound, mixture, or preparation
which contains any quantity of the following substances having a
depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Mecloqualone;
Flunitrazepam.
(6) Unless specifically excepted or unless listed in
another schedule, any material compound, mixture, or preparation
which contains any quantity of the following substances having a
stimulant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of
such salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Cathinone;
Methcathinone.
Sec. 2. Minnesota Statutes 2000, section 152.022,
subdivision 1, is amended to read:
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the second degree if:
(1) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of three grams or more containing cocaine, heroin, or
methamphetamine;
(2) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of ten grams or more containing a narcotic drug other than
cocaine, heroin, or methamphetamine;
(3) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of ten grams or more containing amphetamine, phencyclidine, or
hallucinogen or, if the controlled substance is packaged in
dosage units, equaling 50 or more dosage units;
(4) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols;
(5) the person unlawfully sells any amount of a schedule I
or II narcotic drug to a person under the age of 18, or
conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or
(6) the person unlawfully sells any of the following in a
school zone, a park zone, a public housing zone, or a drug
treatment facility:
(i) any amount of a schedule I or II narcotic drug, or
lysergic acid diethylamide (LSD), 3,4-methylenedioxy
amphetamine, or 3,4-methylenedioxymethamphetamine;
(ii) one or more mixtures containing methamphetamine or
amphetamine; or
(iii) one or more mixtures of a total weight of five
kilograms or more containing marijuana or Tetrahydrocannabinols.
Sec. 3. Minnesota Statutes 2000, section 152.023,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION CRIMES.] A person is guilty of
controlled substance crime in the third degree if:
(1) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures of a total
weight of three grams or more containing cocaine, heroin, or
methamphetamine;
(2) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures of a total
weight of ten grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;
(3) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures containing a
narcotic drug, it is packaged in dosage units, and equals 50 or
more dosage units;
(4) on one or more occasions within a 90-day period the
person unlawfully possesses any amount of a schedule I or II
narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone,
a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the
person unlawfully possesses one or more mixtures of a total
weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures
containing methamphetamine or amphetamine in a school zone, a
park zone, a public housing zone, or a drug treatment facility.
Sec. 4. Minnesota Statutes 2000, section 169A.03,
subdivision 12, is amended to read:
Subd. 12. [MISDEMEANOR.] "Misdemeanor" means a crime for
which a person may be sentenced to imprisonment for not more
than 90 days, or to payment of a fine of not more
than $700 $1,000, or both.
Sec. 5. Minnesota Statutes 2000, section 343.20, is
amended by adding a subdivision to read:
Subd. 6. [PET OR COMPANION ANIMAL.] "Pet or companion
animal" includes any animal owned, possessed by, cared for, or
controlled by a person for the present or future enjoyment of
that person or another as a pet or companion, or any stray pet
or stray companion animal.
Sec. 6. Minnesota Statutes 2000, section 343.20, is
amended by adding a subdivision to read:
Subd. 7. [SERVICE ANIMAL.] "Service animal" means an
animal trained to assist a person with a disability.
Sec. 7. Minnesota Statutes 2000, section 343.20, is
amended by adding a subdivision to read:
Subd. 8. [SUBSTANTIAL BODILY HARM.] "Substantial bodily
harm" means bodily injury which involves a temporary but
substantial disfigurement, or which causes a temporary but
substantial loss or impairment of the function of any bodily
member or organ, or which causes a fracture of any bodily member
to a service animal or a pet or companion animal.
Sec. 8. Minnesota Statutes 2000, section 343.20, is
amended by adding a subdivision to read:
Subd. 9. [GREAT BODILY HARM.] "Great bodily harm" means
bodily injury which creates a high probability of death, or
which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of
any bodily member or organ, or other serious bodily harm to a
service animal or a pet or companion animal.
Sec. 9. Minnesota Statutes 2000, section 343.21, is
amended by adding a subdivision to read:
Subd. 8a. [HARMING A SERVICE ANIMAL.] No person shall
intentionally and without justification cause bodily harm to a
service animal while it is providing service or while it is in
the custody of the person it serves.
Sec. 10. Minnesota Statutes 2000, section 343.21,
subdivision 9, is amended to read:
Subd. 9. [PENALTY.] (a) Except as otherwise provided in
this subdivision, a person who fails to comply with any
provision of this section is guilty of a misdemeanor. A person
convicted of a second or subsequent violation of subdivision 1
or 7 within five years of a previous violation of subdivision 1
or 7 is guilty of a gross misdemeanor.
(b) A person who intentionally violates subdivision 1 or 7
where the violation results in substantial bodily harm to a pet
or companion animal may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than
$3,000, or both.
(c) A person convicted of violating paragraph (b) within
five years of a previous gross misdemeanor or felony conviction
for violating this section may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than
$5,000, or both.
(d) A person who intentionally violates subdivision 1 or 7
where the violation results in death or great bodily harm to a
pet or companion animal may be sentenced to imprisonment for not
more than two years or to payment of a fine of not more than
$5,000, or both.
(e) A person who violates subdivision 8a where the
violation results in substantial bodily harm to a service animal
may be sentenced to imprisonment for not more than two years or
to payment of a fine of not more than $5,000, or both.
(f) A person who intentionally violates subdivision 1 or 7
where the violation results in substantial bodily harm to a pet
or companion animal, and the act is done to threaten,
intimidate, or terrorize another person, may be sentenced to
imprisonment for not more than two years or to payment of a fine
of not more than $5,000, or both.
(g) A person who violates subdivision 8a where the
violation results in death or great bodily harm to a service
animal may be sentenced to imprisonment for not more than four
years or to payment of a fine of not more than $10,000, or both.
(h) A person who intentionally violates subdivision 1 or 7
where the violation results in death or great bodily harm to a
pet or companion animal, and the act is done to threaten,
intimidate, or terrorize another person, may be sentenced to
imprisonment for not more than four years or to payment of a
fine of not more than $10,000, or both.
Sec. 11. Minnesota Statutes 2000, section 343.21,
subdivision 10, is amended to read:
Subd. 10. [RESTRICTIONS.] If a person is convicted of
violating this section, the court shall require that pet or
companion animals, as defined in section 346.36, subdivision 6,
that have not been seized by a peace officer or agent and are in
the custody or control of the person must be turned over to a
peace officer or other appropriate officer or agent unless the
court determines that the person is able and fit to provide
adequately for an animal. If the evidence indicates lack of
proper and reasonable care of an animal, the burden is on the
person to affirmatively demonstrate by clear and convincing
evidence that the person is able and fit to have custody of and
provide adequately for an animal. The court may limit the
person's further possession or custody of pet or companion
animals, and may impose other conditions the court considers
appropriate, including, but not limited to:
(1) imposing a probation period during which the person may
not have ownership, custody, or control of a pet or companion
animal;
(2) requiring periodic visits of the person by an animal
control officer or agent appointed pursuant to section 343.01,
subdivision 1;
(3) requiring performance by the person of community
service in a humane facility; and
(4) requiring the person to receive psychological,
behavioral, or other counseling.
Sec. 12. Minnesota Statutes 2000, section 343.235,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL RULE.] An animal taken into
custody under section 343.12, 343.22 or, 343.29, or 343.31 may
be humanely disposed of at the discretion of the jurisdiction
having custody of the animal ten days after the animal is taken
into custody, provided that the procedures in subdivision 3 are
followed. An animal raised for food or fiber products may not
be seized or disposed of without prior examination by a licensed
veterinarian pursuant to a warrant issued by a judge.
Sec. 13. Minnesota Statutes 2000, section 343.235,
subdivision 3, is amended to read:
Subd. 3. [NOTICE; RIGHT TO HEARING.] (a) The authority
taking custody of an animal under section 343.12, 343.22 or,
343.29, or 343.31 shall give notice of this section by
delivering or mailing it to a person claiming an interest in the
animal or by posting a copy of it at the place where the animal
is taken into custody or by delivering it to a person residing
on the property, and telephoning, if possible. The notice must
include:
(1) a description of the animal seized; the authority and
purpose for the seizure; the time, place, and circumstances
under which the animal was seized; and the location, address,
telephone number, and contact person where the animal is kept;
(2) a statement that a person claiming an interest in the
animal may post security to prevent disposition of the animal
and may request a hearing concerning the seizure or impoundment
and that failure to do so within ten days of the date of the
notice will result in disposition of the animal; and
(3) a statement that all actual costs of the care, keeping,
and disposal of the animal are the responsibility of the person
claiming an interest in the animal, except to the extent that a
court or hearing officer finds that the seizure or impoundment
was not substantially justified by law.
The notice must also include a form that can be used by a
person claiming an interest in the animal for requesting a
hearing under this subdivision.
(b) Upon request of a person claiming an interest in the
animal, which request must be made within ten days of the date
of seizure, a hearing must be held within five business days of
the request, to determine the validity of the seizure and
impoundment. If the seizure was done pursuant to a warrant
under section 343.22, the hearing must be conducted by the judge
who issued the warrant. If the seizure was done under
section 343.12, 343.29, or 343.31, the municipality taking
custody of the animal or, in the case of a humane society, the
municipality from which the animal was seized, may either (1)
authorize a licensed veterinarian with no financial interest in
the matter or professional association with either party or (2)
use the services of a hearing officer to conduct the hearing. A
person claiming an interest in the animal who is aggrieved by a
decision of a hearing officer under this subdivision may seek a
court order governing the seizure or impoundment within five
days of notice of the order.
(c) The judge or hearing officer may authorize the return
of the animal, if the judge or hearing officer finds that:
(1) the animal is physically fit; and
(2) the person claiming an interest in the animal can and
will provide the care required by law for the animal.
(d) The person claiming an interest in the animal is liable
for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially
justified by law. The costs must be paid in full or a mutually
satisfactory arrangement for payment must be made between the
municipality and the person claiming an interest in the animal
before return of the animal to the person.
Sec. 14. Minnesota Statutes 2000, section 347.50,
subdivision 1, is amended to read:
Subdivision 1. [TERMS.] For the purpose of sections 347.50
to 347.54 347.56, the terms defined in this section have the
meanings given them.
Sec. 15. Minnesota Statutes 2000, section 347.50, is
amended by adding a subdivision to read:
Subd. 6a. [GREAT BODILY HARM.] "Great bodily harm" has the
meaning given it under section 609.02, subdivision 8.
Sec. 16. Minnesota Statutes 2000, section 347.51,
subdivision 2, is amended to read:
Subd. 2. [REGISTRATION.] A county An animal control
authority shall issue a certificate of registration to the owner
of a dangerous dog if the owner presents sufficient evidence
that:
(1) a proper enclosure exists for the dangerous dog and a
posting on the premises with a clearly visible warning sign,
including a warning symbol to inform children, that there is a
dangerous dog on the property; and
(2) a surety bond issued by a surety company authorized to
conduct business in this state in a form acceptable to the
county animal control authority in the sum of at least $50,000,
payable to any person injured by the dangerous dog, or a policy
of liability insurance issued by an insurance company authorized
to conduct business in this state in the amount of at least
$50,000, insuring the owner for any personal injuries inflicted
by the dangerous dog;
(3) the owner has paid an annual fee of not more than $500,
in addition to any regular dog licensing fees, to obtain a
certificate of registration for a dangerous dog under this
section; and
(4) the owner has had microchip identification implanted in
the dangerous dog as required under section 347.515.
Sec. 17. Minnesota Statutes 2000, section 347.51, is
amended by adding a subdivision to read:
Subd. 3a. [DANGEROUS DOG DESIGNATION REVIEW.] Beginning
six months after a dog is declared a dangerous dog, an owner may
request annually that the animal control authority review the
designation. The owner must provide evidence that the dog's
behavior has changed due to the dog's age, neutering,
environment, completion of obedience training that includes
modification of aggressive behavior, or other factors. If the
animal control authority finds sufficient evidence that the
dog's behavior has changed, the authority may rescind the
dangerous dog designation.
Sec. 18. Minnesota Statutes 2000, section 347.51,
subdivision 9, is amended to read:
Subd. 9. [CONTRACTED SERVICES.] A county may contract with
another political subdivision or other person to provide the
services required under sections 347.50 to
347.54. Notwithstanding any contract entered into under this
subdivision, all fees collected under sections 347.50 to 347.54
shall be paid to the county and all certificates of registration
must be issued in the name of the county.
Sec. 19. [347.515] [MICROCHIP IDENTIFICATION.]
The owner of a dangerous or potentially dangerous dog must
have a microchip implanted in the dog for identification, and
the name of the microchip manufacturer and identification number
of the microchip must be provided to the animal control
authority. If the microchip is not implanted by the owner, it
may be implanted by the animal control authority. In either
case, all costs related to purchase and implantation of the
microchip must be borne by the dog's owner.
Sec. 20. Minnesota Statutes 2000, section 347.52, is
amended to read:
347.52 [DANGEROUS DOGS; REQUIREMENTS.]
(a) An owner of a dangerous dog shall keep the dangerous
dog, while on the owner's property, in a proper enclosure. If
the dog is outside the proper enclosure, the dog must be muzzled
and restrained by a substantial chain or leash and under the
physical restraint of a responsible person. The muzzle must be
made in a manner that will prevent the dog from biting any
person or animal but that will not cause injury to the dog or
interfere with its vision or respiration.
(b) An owner of a dangerous dog must renew the registration
of the dog annually until the dog is deceased. If the dog is
removed from the jurisdiction, it must be registered as a
dangerous dog in its new jurisdiction.
(c) An owner of a dangerous dog must notify the animal
control authority in writing of the death of the dog or its
transfer to a new jurisdiction within 30 days of the death or
transfer, and must, if requested by the animal control
authority, execute an affidavit under oath setting forth either
the circumstances of the dog's death and disposition or the
complete name, address, and telephone number of the person to
whom the dog has been transferred.
(d) An animal control authority may require a dangerous dog
to be sterilized at the owner's expense. If the owner does not
have the animal sterilized, the animal control authority may
have the animal sterilized at the owner's expense.
(e) A person who owns a dangerous dog and who rents
property from another where the dog will reside must disclose to
the property owner prior to entering the lease agreement and at
the time of any lease renewal that the person owns a dangerous
dog that will reside at the property.
(f) A person who sells a dangerous dog must notify the
purchaser that the animal control authority has identified the
dog as dangerous. The seller must also notify the animal
control authority in writing of the sale and provide the animal
control authority with the new owner's name, address, and
telephone number.
Sec. 21. Minnesota Statutes 2000, section 347.55, is
amended to read:
347.55 [PENALTY.]
(a) Any person who violates any provision of section 347.51
or 347.52 is guilty of a misdemeanor.
(b) It is a misdemeanor to remove a microchip from a
dangerous or potentially dangerous dog, to fail to renew the
registration of a dangerous dog, to fail to account for a
dangerous dog's death or removal from the jurisdiction, to sign
a false affidavit with respect to a dangerous dog's death or
removal from the jurisdiction, or to fail to disclose ownership
of a dangerous dog to a property owner from whom the person
rents property.
Sec. 22. [347.56] [DESTRUCTION OF DOG IN CERTAIN
CIRCUMSTANCES.]
Notwithstanding sections 347.51 to 347.55, a dog that
inflicted substantial or great bodily harm on a human being on
public or private property without provocation may be destroyed
in a proper and humane manner by the animal control authority.
The animal control authority may not destroy the dog until the
dog owner has had the opportunity for a hearing before an
impartial decision maker.
The definitions in section 347.50, and the exemptions under
section 347.51, subdivision 5, apply to this section.
Sec. 23. Minnesota Statutes 2000, section 609.487,
subdivision 4, is amended to read:
Subd. 4. [FLEEING AN OFFICER; DEATH; BODILY INJURY.]
Whoever flees or attempts to flee by means of a motor vehicle a
peace officer who is acting in the lawful discharge of an
official duty, and the perpetrator knows or should reasonably
know the same to be a peace officer, and who in the course of
fleeing causes the death of a human being not constituting
murder or manslaughter or any bodily injury to any person other
than the perpetrator may be sentenced to imprisonment as follows:
(a) If the course of fleeing results in death, to
imprisonment for not more than ten 40 years or to payment of a
fine of not more than $20,000 $80,000, or both; or
(b) If the course of fleeing results in great bodily harm,
to imprisonment for not more than seven years or to payment of a
fine of not more than $14,000, or both; or
(c) If the course of fleeing results in substantial bodily
harm, to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both.
Sec. 24. Minnesota Statutes 2000, section 609.495,
subdivision 1, is amended to read:
Subdivision 1. (a) Whoever harbors, conceals, or aids, or
assists by word or acts another known by whom the actor to have
knows or has reason to know has committed a felony crime under
the laws of this or another state or of the United States with
intent that such offender shall avoid or escape from arrest,
trial, conviction, or punishment, may be sentenced to
imprisonment for not more than three years or to payment of a
fine of not more than $5,000, or both if the crime committed or
attempted by the other person is a felony.
(b) Whoever knowingly harbors, conceals, or aids a person
who is on probation, parole, or supervised release because of a
felony level conviction and for whom an arrest and detention
order has been issued, with intent that the person evade or
escape being taken into custody under the order, may be
sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both. As used in
this paragraph, "arrest and detention order" means a written
order to take and detain a probationer, parolee, or supervised
releasee that is issued under section 243.05, subdivision 1;
244.19, subdivision 4; or 401.02, subdivision 4.
Sec. 25. Minnesota Statutes 2000, section 609.495,
subdivision 3, is amended to read:
Subd. 3. Whoever intentionally aids another person known
by whom the actor to have knows or has reason to know has
committed a criminal act, by destroying or concealing evidence
of that crime, providing false or misleading information about
that crime, receiving the proceeds of that crime, or otherwise
obstructing the investigation or prosecution of that crime is an
accomplice after the fact and may be sentenced to not more than
one-half of the statutory maximum sentence of imprisonment or to
payment of a fine of not more than one-half of the maximum fine
that could be imposed on the principal offender for the crime of
violence. For purposes of this subdivision, "criminal act"
means an act that is a crime listed in section 609.11,
subdivision 9, under the laws of this or another state, or of
the United States, and also includes an act that would be a
criminal act if committed by an adult.
Sec. 26. Minnesota Statutes 2000, section 609.521, is
amended to read:
609.521 [POSSESSION OF SHOPLIFTING GEAR.]
(a) As used in this section, an "electronic article
surveillance system" means any electronic device or devices that
are designed to detect the unauthorized removal of marked
merchandise from a store.
(b) Whoever has in possession any device, gear, or
instrument specially designed to assist in shoplifting or
defeating an electronic article surveillance system with intent
to use the same to shoplift and thereby commit theft may be
sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both.
Sec. 27. [609.652] [FRAUDULENT DRIVERS' LICENSES AND
IDENTIFICATION CARDS; PENALTY.]
Subdivision 1. [DEFINITIONS.] For purposes of this section:
(1) "driver's license or identification card" means a
driver's license or identification card issued by the driver and
vehicle services division of the department of public safety or
receipts issued by its authorized agents or those of any state
as defined in section 171.01 that issues licenses recognized in
this state for the operation of a motor vehicle or that issues
identification cards recognized in this state for the purpose of
indicating a person's legal name and age;
(2) "fraudulent driver's license or identification card"
means a document purporting to be a driver's license or
identification card, but that is not authentic; and
(3) "sell" means to sell, barter, deliver, exchange,
distribute, or dispose of to another.
Subd. 2. [CRIMINAL ACTS.] (a) A person who does any of the
following for consideration and with intent to manufacture,
sell, issue, publish, or pass more than one fraudulent driver's
license or identification card or to cause or permit any of the
items listed in clauses (1) to (5) to be used in forging or
making more than one false or counterfeit driver's license or
identification card is guilty of a crime:
(1) has in control, custody, or possession any plate,
block, press, stone, digital image, computer software program,
encoding equipment, computer optical scanning equipment, or
digital photo printer, or other implement, or any part of such
an item, designed to assist in making a fraudulent driver's
license or identification card;
(2) engraves, makes, or amends, or begins to engrave, make,
or amend, any plate, block, press, stone, or other implement for
the purpose of producing a fraudulent driver's license or
identification card;
(3) uses a photocopier, digital camera, photographic image,
or computer software to generate a fraudulent driver's license
or identification card;
(4) has in control, custody, or possession or makes or
provides paper or other material adapted and designed for the
making of a fraudulent driver's license or identification card;
or
(5) prints, photographs, or in any manner makes or executes
an engraved photograph, print, or impression purporting to be a
driver's license or identification card.
(b) Notwithstanding section 171.22, a person who
manufacturers or possesses more than one fraudulent driver's
license or identification card with intent to sell is guilty of
a crime.
Subd. 3. [PENALTIES.] A person who commits any act
described in subdivision 2 is guilty of a gross misdemeanor. A
person convicted of a second or subsequent offense of this
subdivision may be sentenced to imprisonment for not more than
five years or to payment of a fine of not more than $10,000, or
both.
Sec. 28. Minnesota Statutes 2000, section 617.247,
subdivision 3, as amended by Laws 2001, chapter 197, section 4,
is amended to read:
Subd. 3. [DISSEMINATION PROHIBITED.] (a) A person who
disseminates pornographic work to an adult or a minor, knowing
or with reason to know its content and character, is guilty of a
felony and may be sentenced to imprisonment for not more than
seven years and a fine of not more than $10,000 for a first
offense and for not more than 15 years and a fine of not more
than $20,000 for a second or subsequent offense.
(b) Unless a longer statutory maximum period is specified
in paragraph (a), A person who violates paragraph (a) is guilty
of a felony and may be sentenced to imprisonment for not more
than ten 15 years if the violation occurs when the person is a
registered predatory offender under section 243.166.
Sec. 29. Minnesota Statutes 2000, section 629.471,
subdivision 2, is amended to read:
Subd. 2. [QUADRUPLE FINE.] (a) For offenses under sections
169.09, 169A.20, 171.24, paragraph (c) subdivision 5, 609.2231,
subdivision 2, 609.487, and 609.525, the maximum cash bail that
may be required for a person charged with a misdemeanor or gross
misdemeanor violation is quadruple the highest cash fine that
may be imposed for the offense.
(b) Unless the court imposes the conditions of release
specified in section 169A.44, the court must impose maximum bail
when releasing a person from detention who has been charged with
violating section 169A.20 if the person has three or more prior
impaired driving convictions within the previous ten years. As
used in this subdivision, "prior impaired driving conviction"
has the meaning given in section 169A.03.
Sec. 30. [REPEALER.]
Minnesota Statutes 2000, section 347.51, subdivision 6, is
repealed.
Sec. 31. [EFFECTIVE DATE.]
Sections 1 to 30 are effective August 1, 2001. Those
provisions relating to crimes apply to crimes committed on or
after that date.
ARTICLE 9
PREDATORY OFFENDER REGISTRATION AND RELATED PROVISIONS
Section 1. Minnesota Statutes 2000, section 243.166,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2); or
(ii) kidnapping under section 609.25; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
(3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters the state to reside, or to work or
attend school; and
(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
For purposes of this paragraph:
(i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
(ii) "work" includes employment that is full-time or
part-time for a period of time exceeding 14 days or for an
aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the
purpose of government or educational benefit.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
Sec. 2. Minnesota Statutes 2000, section 243.166,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required
to register under this section shall register with the
corrections agent as soon as the agent is assigned to the
person. If the person does not have an assigned corrections
agent or is unable to locate the assigned corrections agent, the
person shall register with the law enforcement agency that has
jurisdiction in the area of the person's residence.
(b) At least five days before the person starts living at a
new primary address, including living in another state, the
person shall give written notice of the new primary living
address to the assigned corrections agent or to the law
enforcement authority with which the person currently is
registered. If the person will be living in a new state and
that state has a registration requirement, the person shall also
give written notice of the new address to the designated
registration agency in the new state. The corrections agent or
law enforcement authority shall, within two business days after
receipt of this information, forward it to the bureau of
criminal apprehension. The bureau of criminal apprehension
shall, if it has not already been done, notify the law
enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau of criminal apprehension
shall notify the registration authority in the new state of the
new address. If the person's obligation to register arose under
subdivision 1, paragraph (b), the person's registration
requirements under this section terminate when the person begins
living in the new state.
(c) A person required to register under subdivision 1,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement agency that
has jurisdiction in the area where the person works or attends
school. In addition to other information required by this
section, the person shall provide the address of the school or
of the location where the person is employed. A person must
comply with this paragraph within five days of beginning
employment or school. A person's obligation to register under
this paragraph terminates when the person is no longer working
or attending school in Minnesota.
(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's residence shall notify the person of this requirement.
Sec. 3. Minnesota Statutes 2000, section 243.166,
subdivision 4a, is amended to read:
Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A
person required to register under this section shall provide to
the corrections agent or law enforcement authority the following
information:
(1) the address of the person's primary residence;
(2) the addresses of all the person's secondary
residences in Minnesota, including all addresses used for
residential or recreational purposes;
(3) the addresses of all Minnesota property owned, leased,
or rented by the person;
(4) the addresses of all locations where the person is
employed;
(5) the addresses of all residences where the person
resides while attending school; and
(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the
person. "Motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2.
(b) The person shall report to the agent or authority the
information required to be provided under paragraph (a), clauses
(2) to (6), within five days of the date the clause becomes
applicable. If because of a change in circumstances a clause no
longer applies to previously reported information, the person
shall immediately inform the agent or authority that the
information is no longer valid.
Sec. 4. Minnesota Statutes 2000, section 243.166,
subdivision 6, is amended to read:
Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.
(b) If a person required to register under this section
fails to register following a change in residence, the
commissioner of public safety may require the person to continue
to register for an additional period of five years. This
five-year period is added to the end of the offender's
registration period.
(c) If a person required to register under this section is
subsequently incarcerated following a revocation of probation,
supervised release, or conditional release for that offense, or
a conviction for any new offense, the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.
(d) A person shall continue to comply with this section for
the life of that person:
(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision 1, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1, and
the person has a prior conviction or adjudication for an offense
for which registration was required under subdivision 1, or an
offense from another state or a federal offense similar to an
offense described in subdivision 1;
(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;
(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or
(3) (4) if the person is required to register under
subdivision 1, paragraph (c), following commitment pursuant to a
court commitment under section 253B.185 or a similar law of
another state or the United States.
Sec. 5. Minnesota Statutes 2000, section 243.167,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4;
609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1;
609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision
1; 609.582, subdivision 1; or 617.23, subdivision 2; or any
felony-level violation of section 609.229; 609.377; 609.749; or
624.713.
Sec. 6. Minnesota Statutes 2000, section 609.117, is
amended to read:
609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.]
Subdivision 1. [UPON SENTENCING.] The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:
(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, or 609.345, or 609.3451, subdivision 3;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3,
clause (2);
(2) the court sentences a person as a patterned sex
offender under section 609.108; or
(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate any of the following, and the
delinquency adjudication is based on a violation of one of those
sections or of any offense arising out of the same set of
circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, or 609.345, or 609.3451, subdivision 3;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3,
clause (2).
The biological specimen or the results of the analysis shall be
maintained by the bureau of criminal apprehension as provided in
section 299C.155.
Subd. 2. [BEFORE RELEASE.] The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:
(1) was convicted of is currently serving a term of
imprisonment for or has a past conviction for violating or
attempting to violate any of the following or a similar law of
another state or the United States or initially charged with
violating one of the following sections or a similar law of
another state or the United States and convicted of another
offense arising out of the same set of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, or 609.345, or 609.3451, subdivision 3;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3,
clause (2); or
(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or
(3) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an
offense described in this subdivision or a similar law of the
United States or any other state. The commissioner of
corrections or local corrections authority shall forward the
sample to the bureau of criminal apprehension.
Subd. 3. [OFFENDERS FROM OTHER STATES.] When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16, the acceptance is
conditional on the offender providing a biological specimen for
the purposes of DNA analysis as defined in section 299C.155, if
the offender was convicted of an offense described in
subdivision 1 or a similar law of the United States or any other
state. The specimen must be provided under supervision of staff
from the department of corrections or a community corrections
act county within 15 business days after the offender reports to
the supervising agent. The cost of obtaining the biological
specimen is the responsibility of the agency providing
supervision.
Sec. 7. [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166,
SUBDIVISION 10.]
The original intent of the legislature in enacting
Minnesota Statutes, section 243.166, subdivision 10, was to
provide for a more uniform application of the predatory offender
registration law. Applying certain amendments to the law
retroactively to certain offenders was intended to ease the
administrative burden on agencies enforcing the law and better
serve the policy underlying it. The subdivision was not
intended to act as a limitation on registration but rather, in
some cases, as an expansion. The intent in repealing this
subdivision is to prevent a potential judicial misinterpretation
of it that was neither intended nor contemplated by the
legislature. The repeal must not be construed as a substantive
change in the application or scope of Minnesota Statutes,
section 243.166.
Sec. 8. [REPEALER.]
Minnesota Statutes 2000, section 243.166, subdivision 10,
is repealed.
Sec. 9. [EFFECTIVE DATES.]
(a) Sections 1 to 7 are effective the day following final
enactment.
(b) Section 8 is effective retroactively from April 4, 2000.
ARTICLE 10
DOMESTIC VIOLENCE PROVISIONS
Section 1. Minnesota Statutes 2000, section 518B.01,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them:
(a) "Domestic abuse" means the following, if committed
against a family or household member by a family or household
member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm,
bodily injury, or assault; or
(3) terroristic threats, within the meaning of section
609.713, subdivision 1, or; criminal sexual conduct, within the
meaning of section 609.342, 609.343, 609.344, or 609.345, or
609.3451; or interference with an emergency call within the
meaning of section 609.78, subdivision 2.
(b) "Family or household members" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have
resided together in the past;
(5) persons who have a child in common regardless of
whether they have been married or have lived together at any
time;
(6) a man and woman if the woman is pregnant and the man is
alleged to be the father, regardless of whether they have been
married or have lived together at any time; and
(7) persons involved in a significant romantic or sexual
relationship.
Issuance of an order for protection on the ground in clause
(6) does not affect a determination of paternity under sections
257.51 to 257.74. In determining whether persons are or have
been involved in a significant romantic or sexual relationship
under clause (7), the court shall consider the length of time of
the relationship; type of relationship; frequency of interaction
between the parties; and, if the relationship has terminated,
length of time since the termination.
(c) "Qualified domestic violence-related offense" has the
meaning given in section 609.02, subdivision 16.
Sec. 2. Minnesota Statutes 2000, section 518B.01,
subdivision 3, is amended to read:
Subd. 3. [COURT JURISDICTION.] An application for relief
under this section may be filed in the court having jurisdiction
over dissolution actions, in the county of residence of either
party, in the county in which a pending or completed family
court proceeding involving the parties or their minor children
was brought, or in the county in which the alleged domestic
abuse occurred. There are no residency requirements that apply
to a petition for an order for protection. In a jurisdiction
which utilizes referees in dissolution actions, the court or
judge may refer actions under this section to a referee to take
and report the evidence in the action in the same manner and
subject to the same limitations provided in section 518.13.
Actions under this section shall be given docket priorities by
the court.
Sec. 3. Minnesota Statutes 2000, section 518B.01,
subdivision 6, is amended to read:
Subd. 6. [RELIEF BY THE COURT.] (a) Upon notice and
hearing, the court may provide relief as follows:
(1) restrain the abusing party from committing acts of
domestic abuse;
(2) exclude the abusing party from the dwelling which the
parties share or from the residence of the petitioner;
(3) exclude the abusing party from a reasonable area
surrounding the dwelling or residence, which area shall be
described specifically in the order;
(4) award temporary custody or establish temporary
parenting time with regard to minor children of the parties on a
basis which gives primary consideration to the safety of the
victim and the children. Except for cases in which custody is
contested, findings under section 257.025, 518.17, or 518.175
are not required. If the court finds that the safety of the
victim or the children will be jeopardized by unsupervised or
unrestricted parenting time, the court shall condition or
restrict parenting time as to time, place, duration, or
supervision, or deny parenting time entirely, as needed to guard
the safety of the victim and the children. The court's decision
on custody and parenting time shall in no way delay the issuance
of an order for protection granting other relief provided for in
this section. The court must not enter a parenting plan under
section 518.1705 as part of an action for an order for
protection;
(5) on the same basis as is provided in chapter 518,
establish temporary support for minor children or a spouse, and
order the withholding of support from the income of the person
obligated to pay the support according to chapter 518;
(6) provide upon request of the petitioner counseling or
other social services for the parties, if married, or if there
are minor children;
(7) order the abusing party to participate in treatment or
counseling services, including requiring the abusing party to
successfully complete a domestic abuse counseling program or
educational program under section 518B.10;
(8) award temporary use and possession of property and
restrain one or both parties from transferring, encumbering,
concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to
the court for all such transfers, encumbrances, dispositions,
and expenditures made after the order is served or communicated
to the party restrained in open court;
(9) exclude the abusing party from the place of employment
of the petitioner, or otherwise limit access to the petitioner
by the abusing party at the petitioner's place of employment;
(10) order the abusing party to pay restitution to the
petitioner;
(11) order the continuance of all currently available
insurance coverage without change in coverage or beneficiary
designation; and
(12) order, in its discretion, other relief as it deems
necessary for the protection of a family or household member,
including orders or directives to the sheriff, constable, or
other law enforcement or corrections officer as provided by this
section.
(b) Any relief granted by the order for protection shall be
for a fixed period not to exceed one year, except when the court
determines a longer fixed period is appropriate. When a referee
presides at the hearing on the petition, the order granting
relief becomes effective upon the referee's signature.
(c) An order granting the relief authorized in paragraph
(a), clause (1), may not be vacated or modified in a proceeding
for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for
protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection shall be
issued.
(d) An order granting the relief authorized in paragraph
(a), clause (2) or (3), is not voided by the admittance of the
abusing party into the dwelling from which the abusing party is
excluded.
(e) If a proceeding for dissolution of marriage or legal
separation is pending between the parties, the court shall
provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for
inclusion in its file.
(f) An order for restitution issued under this subdivision
is enforceable as civil judgment.
Sec. 4. Minnesota Statutes 2000, section 518B.01,
subdivision 14, is amended to read:
Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A
person who violates an order for protection issued by a judge or
referee is subject to the penalties provided in paragraphs (b)
to (d).
(b) Except as otherwise provided in paragraphs (c) and (d),
whenever an order for protection is granted by a judge or
referee or pursuant to a similar law of another state, the
United States, the District of Columbia, tribal lands, or United
States territories, and the respondent or person to be
restrained knows of the order, violation of the order for
protection is a misdemeanor. Upon a misdemeanor conviction
under this paragraph, the defendant must be sentenced to a
minimum of three days imprisonment and must be ordered to
participate in counseling or other appropriate programs selected
by the court. If the court stays imposition or execution of the
jail sentence and the defendant refuses or fails to comply with
the court's treatment order, the court must impose and execute
the stayed jail sentence. A violation of an order for
protection shall also constitute contempt of court and be
subject to the penalties provided in chapter 588.
(c) A person is guilty of a gross misdemeanor who knowingly
violates this subdivision during the time period between a
previous qualified domestic violence-related offense conviction
under this subdivision; sections 609.221 to 609.224; 609.2242;
609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or
a similar law of another state, the District of Columbia, tribal
lands, or United States territories; and the end of the five
years following discharge from sentence for that
conviction offense. Upon a gross misdemeanor conviction under
this paragraph, the defendant must be sentenced to a minimum of
ten days imprisonment and must be ordered to participate in
counseling or other appropriate programs selected by the court.
Notwithstanding section 609.135, the court must impose and
execute the minimum sentence provided in this paragraph for
gross misdemeanor convictions.
(d) A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both, if the person knowingly
violates this subdivision:
(1) during the time period between the first of two or more
previous qualified domestic violence-related offense convictions
under this section or sections 609.221 to 609.224; 609.2242;
609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or
a similar law of another state, the District of Columbia, tribal
lands, or United States territories; and the end of the five
years following discharge from sentence for that
conviction offense; or
(2) while possessing a dangerous weapon, as defined in
section 609.02, subdivision 6.
Upon a felony conviction under this paragraph in which the court
stays imposition or execution of sentence, the court shall
impose at least a 30-day period of incarceration as a condition
of probation. The court also shall order that the defendant
participate in counseling or other appropriate programs selected
by the court. Notwithstanding section 609.135, the court must
impose and execute the minimum sentence provided in this
paragraph for felony convictions.
(e) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order granted pursuant to this
section or a similar law of another state, the United States,
the District of Columbia, tribal lands, or United States
territories restraining the person or excluding the person from
the residence or the petitioner's place of employment, even if
the violation of the order did not take place in the presence of
the peace officer, if the existence of the order can be verified
by the officer. The probable cause required under this
paragraph includes probable cause that the person knowingly
violated the order. When the order is first served upon the
person at a location at which, under the terms of the order, the
person's presence constitutes a violation, the person shall not
be arrested for violation of the order but shall be given a
reasonable opportunity to leave the location in the presence of
the peace officer. A person arrested under this paragraph shall
be held in custody for at least 36 hours, excluding the day of
arrest, Sundays, and holidays, unless the person is released
earlier by a judge or judicial officer. A peace officer acting
in good faith and exercising due care in making an arrest
pursuant to this paragraph is immune from civil liability that
might result from the officer's actions.
(f) If the court finds that the respondent has violated an
order for protection and that there is reason to believe that
the respondent will commit a further violation of the provisions
of the order restraining the respondent from committing acts of
domestic abuse or excluding the respondent from the petitioner's
residence, the court may require the respondent to acknowledge
an obligation to comply with the order on the record. The court
may require a bond sufficient to deter the respondent from
committing further violations of the order for protection,
considering the financial resources of the respondent, and not
to exceed $10,000. If the respondent refuses to comply with an
order to acknowledge the obligation or post a bond under this
paragraph, the court shall commit the respondent to the county
jail during the term of the order for protection or until the
respondent complies with the order under this paragraph. The
warrant must state the cause of commitment, with the sum and
time for which any bond is required. If an order is issued
under this paragraph, the court may order the costs of the
contempt action, or any part of them, to be paid by the
respondent. An order under this paragraph is appealable.
(g) Upon the filing of an affidavit by the petitioner, any
peace officer, or an interested party designated by the court,
alleging that the respondent has violated any order for
protection granted pursuant to this section or a similar law of
another state, the United States, the District of Columbia,
tribal lands, or United States territories, the court may issue
an order to the respondent, requiring the respondent to appear
and show cause within 14 days why the respondent should not be
found in contempt of court and punished therefor. The hearing
may be held by the court in any county in which the petitioner
or respondent temporarily or permanently resides at the time of
the alleged violation, or in the county in which the alleged
violation occurred, if the petitioner and respondent do not
reside in this state. The court also shall refer the violation
of the order for protection to the appropriate prosecuting
authority for possible prosecution under paragraph (b), (c), or
(d).
(h) If it is alleged that the respondent has violated an
order for protection issued under subdivision 6 or a similar law
of another state, the United States, the District of Columbia,
tribal lands, or United States territories, and the court finds
that the order has expired between the time of the alleged
violation and the court's hearing on the violation, the court
may grant a new order for protection under subdivision 6 based
solely on the respondent's alleged violation of the prior order,
to be effective until the hearing on the alleged violation of
the prior order. If the court finds that the respondent has
violated the prior order, the relief granted in the new order
for protection shall be extended for a fixed period, not to
exceed one year, except when the court determines a longer fixed
period is appropriate.
(i) The admittance into petitioner's dwelling of an abusing
party excluded from the dwelling under an order for protection
is not a violation by the petitioner of the order for protection.
A peace officer is not liable under section 609.43, clause
(1), for a failure to perform a duty required by paragraph (e).
(j) When a person is convicted under paragraph (b) or (c)
of violating an order for protection and the court determines
that the person used a firearm in any way during commission of
the violation, the court may order that the person is prohibited
from possessing any type of firearm for any period longer than
three years or for the remainder of the person's life. A person
who violates this paragraph is guilty of a gross misdemeanor.
At the time of the conviction, the court shall inform the
defendant whether and for how long the defendant is prohibited
from possessing a firearm and that it is a gross misdemeanor to
violate this paragraph. The failure of the court to provide
this information to a defendant does not affect the
applicability of the firearm possession prohibition or the gross
misdemeanor penalty to that defendant.
(k) Except as otherwise provided in paragraph (j), when a
person is convicted under paragraph (b) or (c) of violating an
order for protection, the court shall inform the defendant that
the defendant is prohibited from possessing a pistol for three
years from the date of conviction and that it is a gross
misdemeanor offense to violate this prohibition. The failure of
the court to provide this information to a defendant does not
affect the applicability of the pistol possession prohibition or
the gross misdemeanor penalty to that defendant.
(l) Except as otherwise provided in paragraph (j), a person
is not entitled to possess a pistol if the person has been
convicted under paragraph (b) or (c) after August 1, 1996, of
violating an order for protection, unless three years have
elapsed from the date of conviction and, during that time, the
person has not been convicted of any other violation of this
section. Property rights may not be abated but access may be
restricted by the courts. A person who possesses a pistol in
violation of this paragraph is guilty of a gross misdemeanor.
(m) If the court determines that a person convicted under
paragraph (b) or (c) of violating an order for protection owns
or possesses a firearm and used it in any way during the
commission of the violation, it shall order that the firearm be
summarily forfeited under section 609.5316, subdivision 3.
Sec. 5. Minnesota Statutes 2000, section 518B.01,
subdivision 18, is amended to read:
Subd. 18. [NOTICES.] Each order for protection granted
under this chapter must contain a conspicuous notice to the
respondent or person to be restrained that:
(1) violation of an order for protection is either (i) a
misdemeanor punishable by imprisonment for up to 90 days or a
fine of up to $700, or both, (ii) a gross misdemeanor punishable
by imprisonment of up to one year or a fine of up to $3,000, or
both, or (iii) a felony punishable by imprisonment of up to five
years or a fine of up to $10,000, or both;
(2) the respondent is forbidden to enter or stay at the
petitioner's residence, even if invited to do so by the
petitioner or any other person; in no event is the order for
protection voided;
(3) a peace officer must arrest without warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order for protection restraining the
person or excluding the person from a residence; and
(4) pursuant to the Violence Against Women Act of 1994,
United States Code, title 18, section 2265, the order is
enforceable in all 50 states, the District of Columbia, tribal
lands, and United States territories, that violation of the
order may also subject the respondent to federal charges and
punishment under United States Code, title 18, sections 2261 and
2262, and that if a final order is entered against the
respondent after the hearing, the respondent may be prohibited
from possessing, transporting, or accepting a firearm under the
1994 amendment to the Gun Control Act, United States Code, title
18, section 922(g)(8).
Sec. 6. [518B.02] [DOMESTIC ABUSE COUNSELING PROGRAM OR
EDUCATIONAL PROGRAM REQUIRED.]
Subdivision 1. [COURT-ORDERED DOMESTIC ABUSE COUNSELING
PROGRAM OR EDUCATIONAL PROGRAM.] If the court stays imposition
or execution of a sentence for a domestic abuse offense and
places the offender on probation, the court shall order that, as
a condition of the stayed sentence, the offender participate in
and successfully complete a domestic abuse counseling program or
educational program.
Subd. 2. [STANDARDS FOR DOMESTIC ABUSE COUNSELING PROGRAMS
AND DOMESTIC ABUSE EDUCATIONAL PROGRAMS.] (a) Domestic abuse
counseling or educational programs that provide group or class
sessions for court-ordered domestic abuse offenders must provide
documentation to the probation department or the court on
program policies and how the program meets the criteria
contained in paragraphs (b) to (l).
(b) Programs shall require offenders and abusing parties to
attend a minimum of 24 sessions or 36 hours of programming,
unless a probation agent has recommended fewer sessions. The
documentation provided to the probation department or the court
must specify the length of the program that offenders are
required to complete.
(c) Programs must have a written policy requiring that
counselors and facilitators report to the court and to the
offender's probation or corrections officer any threats of
violence made by the offender or abusing party, acts of violence
by the offender or abusing party, violation of court orders by
the offender or abusing party, and violation of program rules
that resulted in the offender's or abusing party's termination
from the program. Programs shall have written policies
requiring that counselors and facilitators hold offenders and
abusing parties solely responsible for their behavior.
Programs shall have written policies requiring that
counselors and facilitators be violence free in their own lives.
(d) Each program shall conduct an intake process with each
offender or abusing party. This intake process shall look for
chemical dependency problems and possible risks the offender or
abusing party might pose to self or others. The program must
have policies regarding referral of a chemically dependent
offender or abusing party to a chemical dependency treatment
center. If the offender or abusing party poses a risk to self
or others, the program shall report this information to the
court, the probation or corrections officer, and the victim.
(e) If the offender or abusing party is reported back to
the court or is terminated from the program, the program shall
notify the victim of the circumstances unless the victim
requests otherwise.
(f) Programs shall require court-ordered offenders and
abusing parties to sign a release of information authorizing
communication regarding the offender's or abusing party's
progress in the program to the court, the offender's probation
or corrections officer, other providers, and the victim. The
offender or abusing party may not enter the program if the
offender does not sign a release.
(g) If a counselor or facilitator contacts the victim, the
counselor or facilitator must not elicit any information that
the victim does not want to provide. A counselor or facilitator
who contacts a victim shall (1) notify the victim of the right
not to provide any information, (2) notify the victim of how any
information provided will be used and with whom it will be
shared, and (3) obtain the victim's permission before eliciting
information from the victim or sharing information with anyone
other than staff of the counseling program.
Programs shall have written policies requiring that
counselors and facilitators inform victims of the
confidentiality of information as provided by this subdivision.
Programs must maintain separate files for information pertaining
to the offender or abusing party and to the victim.
If a counselor or facilitator contacts a victim, the
counselor or facilitator shall provide the victim with referral
information for support services.
(h) Programs shall have written policies forbidding program
staff from disclosing any confidential communication made by the
offender or abusing party without the consent of the offender or
abusing party, except that programs must warn a potential victim
of imminent danger based upon information provided by an
offender or abusing party.
(i) The counseling program or educational program must
provide services in a group setting, unless the offender or
abusing party would be inappropriate in a group setting.
Programs must provide separate sessions for male and female
offenders and abusing parties.
(j) Programs shall have written policies forbidding program
staff from offering or referring marriage or couples counseling
until the offender or abusing party has completed a domestic
abuse counseling program or educational program for the minimum
number of court-ordered sessions and the counselor or
facilitator reasonably believes that the violence, intimidation,
and coercion has ceased and the victim feels safe to participate.
(k) Programs must have written policies requiring that the
counselor or facilitator report when the court-ordered offender
or abusing party has completed the program to the court and the
offender's probation or corrections officer.
(l) Programs must have written policies to coordinate with
the court, probation and corrections officers, battered women's
and domestic abuse programs, child protection services, and
other providers on promotion of victim safety and offender
accountability.
Subd. 3. [PROGRAM ACCOUNTABILITY.] The Minnesota center
for crime victim services will consult with domestic abuse
counseling and educational programs, the court, probation
departments, and the interagency task force on the prevention of
domestic and sexual abuse on acceptable measures to ensure
program accountability. By December 30, 2001, the center shall
make recommendations to the house and senate committees and
divisions with jurisdiction over criminal justice policy and
funding on agreed upon accountability measures including outcome
studies.
Sec. 7. Minnesota Statutes 2000, section 609.02, is
amended by adding a subdivision to read:
Subd. 16. [QUALIFIED DOMESTIC VIOLENCE-RELATED
OFFENSE.] "Qualified domestic violence-related offense" includes
the following offenses: sections 518B.01, subdivision 14
(violation of domestic abuse order for protection); 609.221
(first-degree assault); 609.222 (second-degree assault); 609.223
(third-degree assault); 609.2231 (fourth-degree assault);
609.224 (fifth-degree assault); 609.2242 (domestic assault);
609.342 (first-degree criminal sexual conduct); 609.343
(second-degree criminal sexual conduct); 609.344 (third-degree
criminal sexual conduct); 609.345 (fourth-degree criminal sexual
conduct); 609.377 (malicious punishment of a child); 609.713
(terroristic threats); 609.748, subdivision 6 (violation of
harassment restraining order); and 609.749
(harassment/stalking); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and
United States territories.
Sec. 8. Minnesota Statutes 2000, section 609.224,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the
provisions of subdivision 1 against the same victim during the
time period between a previous qualified domestic
violence-related offense conviction or adjudication of
delinquency under this section, sections 609.221 to 609.2231,
609.2242, 609.342 to 609.345, 609.377, or 609.713, or any
similar law of another state, and the end of the five years
following discharge from sentence or disposition for
that conviction or adjudication offense, is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
(b) Whoever violates the provisions of subdivision 1 within
two years of a previous qualified domestic violence-related
offense conviction or adjudication of delinquency under this
section or sections 609.221 to 609.2231, 609.2242, 609.377, or
609.713, or any similar law of another state, is guilty of a
gross misdemeanor and may be sentenced to imprisonment for not
more than one year or to payment of a fine of not more than
$3,000, or both.
(c) A caregiver, as defined in section 609.232, who is an
individual and who violates the provisions of subdivision 1
against a vulnerable adult, as defined in section 609.232, is
guilty of a gross misdemeanor and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.
Sec. 9. Minnesota Statutes 2000, section 609.224,
subdivision 4, is amended to read:
Subd. 4. [FELONY.] (a) Whoever violates the provisions of
subdivision 1 against the same victim during the time period
between the first of any combination of two or more
previous qualified domestic violence-related offense convictions
or adjudications of delinquency under this section or sections
609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or
609.713, or any similar law of another state, and the end of the
five years following discharge from sentence or disposition for
that conviction or adjudication offense is guilty of a felony
and may be sentenced to imprisonment for not more than five
years or payment of a fine of not more than $10,000, or both.
(b) Whoever violates the provisions of subdivision 1 within
three years of the first of any combination of two or more
previous qualified domestic violence-related offense convictions
or adjudications of delinquency under this section or sections
609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any
similar law of another state, is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both.
Sec. 10. Minnesota Statutes 2000, section 609.2242,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] Whoever violates subdivision
1 during the time period between a previous qualified domestic
violence-related offense conviction or adjudication of
delinquency under this section or sections 609.221 to 609.2231,
609.224, 609.342 to 609.345, 609.377, or 609.713 , or any
similar law of another state, against a family or household
member as defined in section 518B.01, subdivision 2, and the end
of the five years following discharge from sentence or
disposition for that conviction or adjudication offense is
guilty of a gross misdemeanor and may be sentenced to
imprisonment for not more than one year or to payment of a fine
of not more than $3,000, or both.
Sec. 11. Minnesota Statutes 2000, section 609.2242,
subdivision 4, is amended to read:
Subd. 4. [FELONY.] Whoever violates the provisions of this
section or section 609.224, subdivision 1, against the same
victim during the time period between the first of any
combination of two or more previous qualified domestic
violence-related offense convictions or adjudications of
delinquency under this section or sections 609.221 to 609.2231,
609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar
law of another state and the end of the five years following
discharge from sentence or disposition for that conviction or
adjudication offense is guilty of a felony and may be sentenced
to imprisonment for not more than five years or payment of a
fine of not more than $10,000, or both.
Sec. 12. Minnesota Statutes 2000, section 609.2244,
subdivision 2, is amended to read:
Subd. 2. [REPORT.] (a) The department of corrections shall
establish minimum standards for the report, including the
circumstances of the offense, impact on the victim, the
defendant's prior record, characteristics and history of alcohol
and chemical use problems, and amenability to domestic abuse
programs. The report is classified as private data on
individuals as defined in section 13.02, subdivision 12. Victim
impact statements are confidential.
(b) The report must include:
(1) a recommendation on any limitations on contact with the
victim and other measures to ensure the victim's safety;
(2) a recommendation for the defendant to enter and
successfully complete domestic abuse programming and any
aftercare found necessary by the investigation, including a
specific recommendation for the defendant to complete a domestic
abuse counseling program or domestic abuse educational program
under section 518B.10;
(3) a recommendation for chemical dependency evaluation and
treatment as determined by the evaluation whenever alcohol or
drugs were found to be a contributing factor to the offense;
(4) recommendations for other appropriate remedial action
or care or a specific explanation why no level of care or action
is recommended; and
(5) consequences for failure to abide by conditions set up
by the court.
Sec. 13. Minnesota Statutes 2000, section 609.748,
subdivision 6, is amended to read:
Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) A person
who violates a restraining order issued under this section is
subject to the penalties provided in paragraphs (b) to (d).
(b) Except as otherwise provided in paragraphs (c) and (d),
when a temporary restraining order or a restraining order is
granted under this section and the respondent knows of the
order, violation of the order is a misdemeanor.
(c) A person is guilty of a gross misdemeanor who knowingly
violates the order during the time period between a
previous qualified domestic violence-related offense conviction
under this subdivision; sections 609.221 to 609.224; 609.2242;
518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or
609.749; and the end of the five years following discharge from
sentence for that conviction offense.
(d) A person is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both, if the person knowingly
violates the order:
(1) during the time period between the first of two or more
previous qualified domestic violence-related offense convictions
under this subdivision or sections 518B.01, subdivision 14;
609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3;
609.749; and the end of the five years following discharge from
sentence for that conviction offense;
(2) because of the victim's or another's actual or
perceived race, color, religion, sex, sexual orientation,
disability as defined in section 363.01, age, or national
origin;
(3) by falsely impersonating another;
(4) while possessing a dangerous weapon;
(5) with an intent to influence or otherwise tamper with a
juror or a judicial proceeding or with intent to retaliate
against a judicial officer, as defined in section 609.415, or a
prosecutor, defense attorney, or officer of the court, because
of that person's performance of official duties in connection
with a judicial proceeding; or
(6) against a victim under the age of 18, if the respondent
is more than 36 months older than the victim.
(e) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order issued under subdivision 4 or 5
if the existence of the order can be verified by the officer.
(f) A violation of a temporary restraining order or
restraining order shall also constitute contempt of court.
(g) Upon the filing of an affidavit by the petitioner, any
peace officer, or an interested party designated by the court,
alleging that the respondent has violated an order issued under
subdivision 4 or 5, the court may issue an order to the
respondent requiring the respondent to appear within 14 days and
show cause why the respondent should not be held in contempt of
court. The court also shall refer the violation of the order to
the appropriate prosecuting authority for possible prosecution
under paragraph (b), (c), or (d).
Sec. 14. Minnesota Statutes 2000, section 609.748,
subdivision 8, is amended to read:
Subd. 8. [NOTICE.] An order granted under this section
must contain a conspicuous notice to the respondent:
(1) of the specific conduct that will constitute a
violation of the order;
(2) that violation of an order is either (i) a misdemeanor
punishable by imprisonment for up to 90 days or a fine of up to
$700, or both, and that a subsequent violation is (ii) a gross
misdemeanor punishable by imprisonment for up to one year or a
fine of up to $3,000, or both, or (iii) a felony punishable by
imprisonment for up to five years or a fine of up to $10,000, or
both; and
(3) that a peace officer must arrest without warrant and
take into custody a person if the peace officer has probable
cause to believe the person has violated a restraining order.
Sec. 15. Minnesota Statutes 2000, section 609.749,
subdivision 4, is amended to read:
Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A
person is guilty of a felony who violates any provision of
subdivision 2 during the time period between a
previous qualified domestic violence-related offense conviction
or adjudication of delinquency under this section; sections
609.221 to 609.2242; 518B.01, subdivision 14; 609.748,
subdivision 6; or 609.713, subdivision 1 or 3; or a similar law
from another state and the end of the ten years following
discharge from sentence or disposition for that conviction or
adjudication offense.
Sec. 16. Minnesota Statutes 2000, section 609.749,
subdivision 5, is amended to read:
Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who
engages in a pattern of harassing conduct with respect to a
single victim or one or more members of a single household which
the actor knows or has reason to know would cause the victim
under the circumstances to feel terrorized or to fear bodily
harm and which does cause this reaction on the part of the
victim, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both.
(b) For purposes of this subdivision, a "pattern of
harassing conduct" means two or more acts within a five-year
period that violate the provisions of any of the following or a
similar law of another state, the United States, the District of
Columbia, tribal lands, or United States territories:
(1) this section;
(2) section 609.713;
(3) section 609.224;
(4) section 609.2242;
(5) section 518B.01, subdivision 14;
(6) section 609.748, subdivision 6;
(7) section 609.605, subdivision 1, paragraph (b), clauses
(3), (4), and (7);
(8) section 609.79;
(9) section 609.795;
(10) section 609.582;
(11) section 609.595; or
(12) section 609.765.
(c) When acts constituting a violation of this subdivision
are committed in two or more counties, the accused may be
prosecuted in any county in which one of the acts was committed
for all acts constituting the pattern.
Sec. 17. Minnesota Statutes 2000, section 611A.201,
subdivision 2, is amended to read:
Subd. 2. [DIRECTOR'S RESPONSIBILITIES.] The director shall
have the following duties:
(1) advocate for the rights of victims of domestic violence
and sexual assault;
(2) increase public education and visibility about the
prevention of domestic violence and sexual assault;
(3) encourage accountability regarding domestic violence
and sexual assault at all levels of the system, and develop
recommendations to improve accountability when the system fails;
(4) support prosecution and civil litigation efforts
regarding domestic violence and sexual assault at the federal
and state levels;
(5) study issues involving domestic violence and sexual
assault as they pertain to both men and women and present
findings and recommendations resulting from these studies to all
branches of government;
(6) initiate policy changes regarding domestic violence and
sexual assault at all levels of government;
(6) (7) coordinate existing resources and promote
coordinated and immediate community responses to better serve
victims of domestic violence and sexual assault;
(7) (8) build partnerships among law enforcement,
prosecutors, defenders, advocates, and courts to reduce the
occurrence of domestic violence and sexual assault;
(8) (9) encourage and support the efforts of health care
providers, mental health experts, employers, educators, clergy
members, and others, in raising awareness of and addressing how
to prevent domestic violence and sexual assault;
(9) (10) coordinate and maximize the use of federal, state,
and local resources available to prevent domestic violence and
sexual assault and leverage more resources through grants and
private funding; and
(10) (11) serve as a liaison between the executive director
of the center for crime victim services and the commissioner of
health with regard to the department of health's sexual violence
prevention program funded by federal block grants, and oversee
how this money is spent.
Sec. 18. Minnesota Statutes 2000, section 629.72, is
amended to read:
629.72 [BAIL IN CASES OF DOMESTIC ASSAULT OR ABUSE,
HARASSMENT, VIOLATION OF AN ORDER FOR PROTECTION, OR VIOLATION
OF A DOMESTIC ABUSE NO CONTACT ORDER.]
Subdivision 1. [DEFINITION; ALLOWING DETENTION IN LIEU OF
CITATION; RELEASE DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given them.
(b) "Domestic abuse" has the meaning given in section
518B.01, subdivision 2.
(c) "Harassment" has the meaning given in section 609.749.
(d) "Violation of a domestic abuse no contact order" has
the meaning given in section 518B.01, subdivision 22.
(e) "Violation of an order for protection" has the meaning
given in section 518B.01, subdivision 14.
(b) Subd. 1a. [ALLOWING DETENTION IN LIEU OF CITATION;
RELEASE.] (a) Notwithstanding any other law or rule, an
arresting officer may not issue a citation in lieu of arrest and
detention to an individual charged with harassment or charged
with, domestic abuse, violation of an order for protection, or
violation of a domestic abuse no contact order.
(c) (b) Notwithstanding any other law or rule, an
individual who is arrested on a charge of harassing any
person or of, domestic abuse, violation of an order for
protection, or violation of a domestic abuse no contact order,
must be brought to the police station or county jail. The
officer in charge of the police station or the county sheriff in
charge of the jail shall issue a citation in lieu of continued
detention unless it reasonably appears to the officer or sheriff
that detention is necessary to prevent bodily harm to the
arrested person or another, or there is a substantial likelihood
the arrested person will fail to respond to a citation release
of the person (1) poses a threat to the alleged victim or
another family or household member, (2) poses a threat to public
safety, or (3) involves a substantial likelihood the arrested
person will fail to appear at subsequent proceedings.
(d) (c) If the arrested person is not issued a citation by
the officer in charge of the police station or the county
sheriff, the arrested person must be brought before the nearest
available judge of the district court in the county in which the
alleged harassment or, domestic abuse, violation of an order for
protection, or violation of a domestic abuse no contact order
took place without unnecessary delay as provided by court rule.
Subd. 2. [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge
before whom the arrested person is brought shall review the
facts surrounding the arrest and detention of a person arrested
for domestic abuse, harassment, violation of an order for
protection, or violation of a domestic abuse no contact order.
The prosecutor or other appropriate person prosecutor's designee
shall present relevant information involving the victim's or the
victim's family's account of the alleged crime to the judge to
be considered in determining the arrested person's release. The
arrested person must be ordered released pending trial or
hearing on the person's personal recognizance or on an order to
appear or upon the execution of an unsecured bond in a specified
amount unless the judge determines that release (1) will be
inimical to public safety, (2) will create a threat of bodily
harm to the arrested person, the victim of the alleged
harassment or domestic abuse, or another, or (3) will not
reasonably assure the appearance of the arrested person at
subsequent proceedings. In making a decision concerning
pretrial release conditions of a person arrested for domestic
abuse, harassment, violation of an order for protection, or
violation of a domestic abuse no contact order, the judge shall
review the facts of the arrest and detention of the person and
determine whether: (1) release of the person poses a threat to
the alleged victim, another family or household member, or
public safety; or (2) there is a substantial likelihood the
person will fail to appear at subsequent proceedings. Before
releasing a person arrested for or charged with a crime of
domestic abuse, harassment, violation of an order for
protection, or violation of a domestic abuse no contact order,
the judge shall make findings on the record, to the extent
possible, concerning the determination made in accordance with
the factors specified in clauses (1) and (2).
(b) The judge may impose conditions of release or bail, or
both, on the person to protect the alleged victim or other
family or household members and to ensure the appearance of the
person at subsequent proceedings. These conditions may include
an order:
(1) enjoining the person from threatening to commit or
committing acts of domestic abuse or harassment against the
alleged victim or other family or household members or from
violating an order for protection or a domestic abuse no contact
order;
(2) prohibiting the person from harassing, annoying,
telephoning, contacting, or otherwise communicating with the
alleged victim, either directly or indirectly;
(3) directing the person to vacate or stay away from the
home of the alleged victim and to stay away from any other
location where the alleged victim is likely to be;
(4) prohibiting the person from possessing a firearm or
other weapon specified by the court;
(5) prohibiting the person from possessing or consuming
alcohol or controlled substances; and
(6) specifying any other matter required to protect the
safety of the alleged victim and to ensure the appearance of the
person at subsequent proceedings.
(b) If the judge determines release is not advisable, the
judge may impose any conditions of release that will reasonably
assure the appearance of the person for subsequent proceedings,
or will protect the victim of the alleged harassment or domestic
abuse, or may fix the amount of money bail without other
conditions upon which the arrested person may obtain release.
(c) If conditions of release are imposed, the judge shall
issue a written order for conditional release. The court
administrator shall immediately distribute a copy of the order
for conditional release to the agency having custody of the
arrested person and shall provide the agency having custody of
the arrested person with any available information on the
location of the victim in a manner that protects the victim's
safety. Either the court or its designee or the agency having
custody of the arrested person shall serve upon the defendant a
copy of the order. Failure to serve the arrested person with a
copy of the order for conditional release does not invalidate
the conditions of release.
(c) (d) If the judge imposes as a condition of release a
requirement that the person have no contact with the alleged
victim of the alleged harassment or domestic abuse, the judge
may also, on its own motion or that of the prosecutor or on
request of the victim, issue an ex parte temporary restraining
order under section 609.748, subdivision 4, or an ex parte
temporary order for protection under section 518B.01,
subdivision 7. Notwithstanding section 518B.01, subdivision 7,
paragraph (b), or 609.748, subdivision 4, paragraph (c), the
temporary order is effective until the defendant is convicted or
acquitted, or the charge is dismissed, provided that upon
request the defendant is entitled to a full hearing on the
restraining order under section 609.748, subdivision 5, or on
the order for protection under section 518B.01. The hearing
must be held within seven days of the defendant's request.
Subd. 2a. [ELECTRONIC MONITORING AS A CONDITION OF
PRETRIAL RELEASE.] (a) Until the commissioner of corrections has
adopted standards governing electronic monitoring devices used
to protect victims of domestic abuse, the court, as a condition
of release, may not order a person arrested for a crime
described in section 609.135, subdivision 5a, paragraph (b), to
use an electronic monitoring device to protect a victim's safety.
(b) Notwithstanding paragraph (a), district courts in the
tenth judicial district may order, as a condition of a release,
a person arrested on a charge of a crime described in section
609.135, subdivision 5a, paragraph (b), to use an electronic
monitoring device to protect the victim's safety. The courts
shall make data on the use of electronic monitoring devices to
protect a victim's safety in the tenth judicial district
available to the commissioner of corrections to evaluate and to
aid in development of standards for the use of devices to
protect victims of domestic abuse.
Subd. 3. [RELEASE.] If the arrested person is not issued a
citation by the officer in charge of the police station or the
county sheriff pursuant to subdivision 1, and is not brought
before a judge within the time limits prescribed by court rule,
the arrested person shall be released by the arresting
authorities, and a citation must be issued in lieu of continued
detention.
Subd. 4. [SERVICE OF RESTRAINING ORDER OR ORDER FOR
PROTECTION.] If a restraining order is issued under section
609.748 or an order for protection is issued under section
518B.01 while the arrested person is still in detention, the
order must be served upon the arrested person during detention
if possible.
Subd. 5. [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge
who released the arrested person shall issue a warrant directing
that the person be arrested and taken immediately before the
judge, if the judge:
(1) receives an application alleging that the arrested
person has violated the conditions of release; and
(2) finds that probable cause exists to believe that the
conditions of release have been violated.
Subd. 6. [NOTICE REGARDING RELEASE OF ARRESTED PERSON.]
(a) Immediately after issuance of a citation in lieu of
continued detention under subdivision 1, or the entry of an
order for release under subdivision 2, but before the arrested
person is released, the agency having custody of the arrested
person or its designee must make a reasonable and good faith
effort to inform orally the alleged victim, local law
enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's
request any local battered women's and domestic abuse programs
established under section 611A.32 or sexual assault programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court
appearance of the arrested person and the victim's right to be
present at the court appearance; and
(4) if the arrested person is charged with domestic abuse,
the location and telephone number of the area battered women's
shelter as designated by the department of corrections.
(b) As soon as practicable after an order for conditional
release is entered, the agency having custody of the arrested
person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of
the information in paragraph (a), clauses (2) and (3).
Subd. 7. [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a
person arrested for or a juvenile detained for domestic assault
or harassment is scheduled to be reviewed under subdivision 2
for release from pretrial detention, the court shall make a
reasonable good faith effort to notify: (1) the victim of the
alleged crime; (2) if the victim is incapacitated or deceased,
the victim's family; and (3) if the victim is a minor, the
victim's parent or guardian. The notification must include:
(a) the date and approximate time of the review;
(b) the location where the review will occur;
(c) the name and telephone number of a person that can be
contacted for additional information; and
(d) a statement that the victim and the victim's family may
attend the review.
Sec. 19. [STUDY; INTERAGENCY TASK FORCE ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT PREVENTION.]
The interagency task force on domestic violence and sexual
assault prevention is directed to study issues related to gender
and domestic violence and to assess the needs of male victims of
domestic violence including false assault accusations. By
January 15, 2002, the director of prevention of domestic
violence and sexual assault shall report to the chairs and
ranking minority members of the house and senate committees with
jurisdiction over criminal justice policy and funding on the
task force's study, findings, and recommendations.
Sec. 20. [REPEALER.]
Minnesota Statutes 2000, section 609.2244, subdivision 4,
is repealed.
Sec. 21. [EFFECTIVE DATES.]
The sections of this article pertaining to crimes are
effective August 1, 2001, and apply to crimes committed on or
after that date. The remaining sections are effective July 1,
2001.
ARTICLE 11
FELONY DRIVING WHILE IMPAIRED PROVISIONS
Section 1. Minnesota Statutes 2000, section 169A.07, is
amended to read:
169A.07 [FIRST-TIME DWI VIOLATOR; OFF-ROAD RECREATIONAL
VEHICLE OR MOTORBOAT.]
A person who violates section 169A.20 (driving while
impaired) while using an off-road recreational vehicle or
motorboat and who does not have a qualified prior impaired
driving incident is subject only to the criminal penalty
provided in section 169A.25 (first-degree second-degree driving
while impaired), 169A.26 (second-degree third-degree driving
while impaired), or 169A.27 (third-degree fourth-degree driving
while impaired); and loss of operating privileges as provided in
section 84.91, subdivision 1 (operation of snowmobiles or
all-terrain vehicles by persons under the influence of alcohol
or controlled substances), or 86B.331, subdivision 1 (operation
of motorboats while using alcohol or with a physical or mental
disability), whichever is applicable. The person is not subject
to the provisions of section 169A.275, subdivision 5,
(submission to the level of care recommended in chemical use
assessment for repeat offenders and offenders with alcohol
concentration of 0.20 or more); 169A.277 (long-term monitoring);
169A.285 (penalty assessment); 169A.44 (conditional release);
169A.54 (impaired driving convictions and adjudications;
administrative penalties); or 169A.54, subdivision 11 (chemical
use assessment); the license revocation sanctions of sections
169A.50 to 169A.53 (implied consent law); or the plate
impoundment provisions of section 169A.60 (administrative
impoundment of plates).
Sec. 2. Minnesota Statutes 2000, section 169A.20,
subdivision 3, is amended to read:
Subd. 3. [SENTENCE.] A person who violates this section
may be sentenced as provided in section 169A.24 (first-degree
driving while impaired), 169A.25 (first-degree second-degree
driving while impaired), 169A.26 (second-degree third-degree
driving while impaired), or 169A.27 (third-degree fourth-degree
driving while impaired).
Sec. 3. [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.]
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20 (driving while impaired) is guilty of
first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of
three or more qualified prior impaired driving incidents; or
(2) has previously been convicted of a felony under this
section.
Subd. 2. [CRIMINAL PENALTY.] A person who commits
first-degree driving while impaired is guilty of a felony and
may be sentenced to imprisonment for not more than seven years,
or to payment of a fine of not more than $14,000, or both. The
person is subject to the mandatory penalties described in
section 169A.276 (mandatory penalties; felony violations).
Sec. 4. Minnesota Statutes 2000, section 169A.25, is
amended to read:
169A.25 [FIRST-DEGREE SECOND-DEGREE DRIVING WHILE
IMPAIRED.]
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20 (driving while impaired) is guilty of
first-degree second-degree driving while impaired if two or more
aggravating factors were present when the violation was
committed.
Subd. 2. [CRIMINAL PENALTY.] First-degree Second-degree
driving while impaired is a gross misdemeanor. The mandatory
penalties described in section 169A.275 and the long-term
monitoring described in section 169A.277 may be applicable.
Sec. 5. Minnesota Statutes 2000, section 169A.26, is
amended to read:
169A.26 [SECOND-DEGREE THIRD-DEGREE DRIVING WHILE
IMPAIRED.]
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20 (driving while impaired) is guilty of
second-degree third-degree driving while impaired if one
aggravating factor was present when the violation was committed.
Subd. 2. [CRIMINAL PENALTY.] Second-degree Third-degree
driving while impaired is a gross misdemeanor. The mandatory
penalties described in section 169A.275 and the long-term
monitoring described in section 169A.277 may be applicable.
Sec. 6. Minnesota Statutes 2000, section 169A.27, is
amended to read:
169A.27 [THIRD-DEGREE FOURTH-DEGREE DRIVING WHILE
IMPAIRED.]
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20 (driving while impaired) is guilty of
third-degree fourth-degree driving while impaired.
Subd. 2. [CRIMINAL PENALTY.] Third-degree Fourth-degree
driving while impaired is a misdemeanor.
Sec. 7. Minnesota Statutes 2000, section 169A.275, is
amended to read:
169A.275 [MANDATORY PENALTIES; NONFELONY VIOLATIONS.]
Subdivision 1. [SECOND OFFENSE.] (a) The court shall
sentence a person who is convicted of a violation of section
169A.20 (driving while impaired) within ten years of a qualified
prior impaired driving incident to either:
(1) a minimum of 30 days of incarceration, at least 48
hours of which must be served consecutively in a local
correctional facility; or
(2) eight hours of community work service for each day less
than 30 days that the person is ordered to serve in a local
correctional facility.
Notwithstanding section 609.135 (stay of imposition or execution
of sentence), the penalties in this paragraph must be executed,
unless the court departs from the mandatory minimum sentence
under paragraph (b) or (c).
(b) Prior to sentencing, the prosecutor may file a motion
to have a defendant described in paragraph (a) sentenced without
regard to the mandatory minimum sentence established by that
paragraph. The motion must be accompanied by a statement on the
record of the reasons for it. When presented with the
prosecutor's motion and if it finds that substantial mitigating
factors exist, the court shall sentence the defendant without
regard to the mandatory minimum sentence established by
paragraph (a).
(c) The court may, on its own motion, sentence a defendant
described in paragraph (a) without regard to the mandatory
minimum sentence established by that paragraph if it finds that
substantial mitigating factors exist and if its sentencing
departure is accompanied by a statement on the record of the
reasons for it. The court also may sentence the defendant
without regard to the mandatory minimum sentence established by
paragraph (a) if the defendant is sentenced to probation and
ordered to participate in a program established under section
169A.74 (pilot programs of intensive probation for repeat DWI
offenders).
(d) When any portion of the sentence required by paragraph
(a) is not executed, the court should impose a sentence that is
proportional to the extent of the offender's prior criminal and
moving traffic violation record. Any sentence required under
paragraph (a) must include a mandatory sentence that is not
subject to suspension or a stay of imposition or execution, and
that includes incarceration for not less than 48 consecutive
hours or at least 80 hours of community work service.
Subd. 2. [THIRD OFFENSE.] (a) The court shall sentence a
person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of two
qualified prior impaired driving incidents to either:
(1) a minimum of 90 days of incarceration, at least 30 days
of which must be served consecutively in a local correctional
facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility.
(b) The court may order that the person serve not more than
60 days of the minimum penalty under paragraph (a), clause (1),
on home detention or in an intensive probation program described
in section 169A.74.
(c) Notwithstanding section 609.135, the penalties in this
subdivision must be imposed and executed.
Subd. 3. [FOURTH OFFENSE.] (a) Unless the court commits
the person to the custody of the commissioner of corrections as
provided in section 169A.276 (mandatory penalties; felony
violations), the court shall sentence a person who is convicted
of a violation of section 169A.20 (driving while impaired)
within ten years of the first of three qualified prior impaired
driving incidents to either:
(1) a minimum of 180 days of incarceration, at least 30
days of which must be served consecutively in a local
correctional facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility.
(b) The court may order that the person serve not more than
150 days of the minimum penalty under paragraph (a), clause (1),
on home detention or in an intensive probation program described
in section 169A.74. Notwithstanding section 609.135, the
penalties in this subdivision must be imposed and executed.
Subd. 4. [FIFTH OFFENSE OR MORE.] (a) Unless the court
commits the person to the custody of the commissioner of
corrections as provided in section 169A.276 (mandatory
penalties; felony violations), the court shall sentence a person
who is convicted of a violation of section 169A.20 (driving
while impaired) within ten years of the first of four or more
qualified prior impaired driving incidents to either:
(1) a minimum of one year of incarceration, at least 60
days of which must be served consecutively in a local
correctional facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility.
(b) The court may order that the person serve the remainder
of the minimum penalty under paragraph (a), clause (1), on
intensive probation using an electronic monitoring system or, if
such a system is unavailable, on home detention.
Notwithstanding section 609.135, the penalties in this
subdivision must be imposed and executed.
Subd. 5. [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE
ASSESSMENT.] Unless the court commits the person to the custody
of the commissioner of corrections as provided in section
169A.276 (mandatory penalties; felony violations), in addition
to other penalties required under this section, the court shall
order a person to submit to the level of care recommended in the
chemical use assessment conducted under section 169A.70 (alcohol
safety program; chemical use assessments) if the person is
convicted of violating section 169A.20 (driving while impaired)
while having an alcohol concentration of 0.20 or more as
measured at the time, or within two hours of the time, of the
offense or if the violation occurs within ten years of one or
more qualified prior impaired driving incidents.
Sec. 8. [169A.276] [MANDATORY PENALTIES; FELONY
VIOLATIONS.]
Subdivision 1. [MANDATORY PRISON SENTENCE.] (a) The court
shall sentence a person who is convicted of a violation of
section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while
impaired) to imprisonment for not less than three years. In
addition, the court may order the person to pay a fine of not
more than $14,000.
(b) The court may stay execution of this mandatory sentence
as provided in subdivision 2 (stay of mandatory sentence), but
may not stay imposition or adjudication of the sentence or
impose a sentence that has a duration of less than three years.
(c) An offender committed to the custody of the
commissioner of corrections under this subdivision, is not
eligible for release as provided in section 241.26, 244.065,
244.12, or 244.17, unless the offender has successfully
completed a chemical dependency treatment program while in
prison.
(d) Notwithstanding the statutory maximum sentence provided
in section 169A.24 (first-degree driving while impaired), when
the court commits a person to the custody of the commissioner of
corrections under this subdivision, it shall provide that after
the person has been released from prison the commissioner shall
place the person on conditional release for five years. The
commissioner shall impose any conditions of release that the
commissioner deems appropriate including, but not limited to,
successful completion of an intensive probation program as
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders). If the person fails to
comply with any condition of release, the commissioner may
revoke the person's conditional release and order the person to
serve all or part of the remaining portion of the conditional
release term in prison. The commissioner may not dismiss the
person from supervision before the conditional release term
expires. Except as otherwise provided in this section,
conditional release is governed by provisions relating to
supervised release. The failure of a court to direct the
commissioner of corrections to place the person on conditional
release, as required in this paragraph, does not affect the
applicability of the conditional release provisions to the
person.
(e) The commissioner shall require persons placed on
supervised or conditional release under this subdivision to pay
as much of the costs of the supervision as possible. The
commissioner shall develop appropriate standards for this.
Subd. 2. [STAY OF MANDATORY SENTENCE.] The provisions of
sections 169A.275 (mandatory penalties; nonfelony violations),
subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of
execution of sentence), apply if the court stays execution of
the sentence under subdivision 1 (mandatory prison sentence).
In addition, the provisions of section 169A.277 (long-term
monitoring) may apply.
Subd. 3. [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.]
The court may not stay the execution of the driver's license
revocation provisions of section 169A.54 (impaired driving
convictions and adjudications; administrative penalties).
Sec. 9. Minnesota Statutes 2000, section 169A.283,
subdivision 1, is amended to read:
Subdivision 1. [STAY AUTHORIZED.] Except as otherwise
provided in section sections 169A.275 (mandatory penalties;
nonfelony violations) and 169A.276 (mandatory penalties; felony
violations), when a court sentences a person convicted of a
violation of section 169A.20 (driving while impaired), the court
may stay execution of the criminal sentence described in section
169A.25 169A.24 (first-degree driving while impaired), 169A.26
169A.25 (second-degree driving while impaired), or 169A.27
169A.26 (third-degree driving while impaired), or 169A.27
(fourth-degree driving while impaired) on the condition that the
convicted person submit to the level of care recommended in the
chemical use assessment report required under section 169A.70
(alcohol safety programs; chemical use assessments). If the
court does not order a level of care in accordance with the
assessment report recommendation as a condition of a stay of
execution, it shall state on the record its reasons for not
following the assessment report recommendation.
Sec. 10. Minnesota Statutes 2000, section 169A.40,
subdivision 3, is amended to read:
Subd. 3. [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS;
CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of
Criminal Procedure, a peace officer acting without a warrant who
has decided to proceed with the prosecution of a person for
violating section 169A.20 (driving while impaired), shall arrest
and take the person into custody if the officer has reason to
believe the violation occurred under the circumstances described
in section 169A.24 (first-degree driving while impaired) or
169A.25 (first-degree second-degree driving while impaired).
The person shall be detained until the person's first court
appearance.
Sec. 11. Minnesota Statutes 2000, section 169A.63,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(b) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a violation of a
designated offense or to require a test under section 169A.51
(chemical tests for intoxication).
(c) "Designated license revocation" includes a license
revocation under section 169A.52 (license revocation for test
failure or refusal) or a license disqualification under section
171.165 (commercial driver's license disqualification) resulting
from a violation of section 169A.52; within ten years of the
first of two or more qualified prior impaired driving incidents.
(d) "Designated offense" includes:
(1) a violation of section 169A.20 (driving while impaired)
under the circumstances described in section 169A.24
(first-degree driving while impaired) or 169A.25 (first-degree
second-degree driving while impaired); or
(2) a violation of section 169A.20 or an ordinance in
conformity with it:
(i) by a person whose driver's license or driving
privileges have been canceled as inimical to public safety under
section 171.04, subdivision 1, clause (10); or
(ii) by a person who is subject to a restriction on the
person's driver's license under section 171.09 (commissioner's
license restrictions), which provides that the person may not
use or consume any amount of alcohol or a controlled substance.
(e) "Motor vehicle" and "vehicle" do not include a vehicle
which is stolen or taken in violation of the law.
(f) "Owner" means the registered owner of the motor vehicle
according to records of the department of public safety and
includes a lessee of a motor vehicle if the lease agreement has
a term of 180 days or more.
(g) "Prosecuting authority" means the attorney in the
jurisdiction in which the designated offense occurred who is
responsible for prosecuting violations of a designated offense.
Sec. 12. Minnesota Statutes 2000, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except
under section 169A.52 or 169A.54, shall pay a $30 fee before the
driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169A.52 or 169A.54 shall
pay a $250 fee plus a $40 surcharge before the driver's license
is reinstated. Beginning July 1, 2002, the surcharge is $145.
Beginning July 1, 2003, the surcharge is $380. The $250 fee is
to be credited as follows:
(1) Twenty percent must be credited to the trunk highway
fund.
(2) Fifty-five percent must be credited to the general fund.
(3) Eight percent must be credited to a separate account to
be known as the bureau of criminal apprehension account. Money
in this account may be appropriated to the commissioner of
public safety and the appropriated amount must be apportioned 80
percent for laboratory costs and 20 percent for carrying out the
provisions of section 299C.065.
(4) Twelve percent must be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account is appropriated as follows:
(i) the first $200,000 in a fiscal year to the commissioner
of children, families, and learning for programs for elementary
and secondary school students; and
(ii) the remainder credited in a fiscal year to the
commissioner of transportation to be spent as grants to the
Minnesota highway safety center at St. Cloud State University
for programs relating to alcohol and highway safety education in
elementary and secondary schools.
(5) Five percent must be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. The money in the account is annually appropriated to
the commissioner of health to be used as follows: 35 percent
for a contract with a qualified community-based organization to
provide information, resources, and support to assist persons
with traumatic brain injury and their families to access
services, and 65 percent to maintain the traumatic brain injury
and spinal cord injury registry created in section 144.662. For
the purposes of this clause, a "qualified community-based
organization" is a private, not-for-profit organization of
consumers of traumatic brain injury services and their family
members. The organization must be registered with the United
States Internal Revenue Service under section 501(c)(3) as a
tax-exempt organization and must have as its purposes:
(i) the promotion of public, family, survivor, and
professional awareness of the incidence and consequences of
traumatic brain injury;
(ii) the provision of a network of support for persons with
traumatic brain injury, their families, and friends;
(iii) the development and support of programs and services
to prevent traumatic brain injury;
(iv) the establishment of education programs for persons
with traumatic brain injury; and
(v) the empowerment of persons with traumatic brain injury
through participation in its governance.
No patient's name, identifying information or identifiable
medical data will be disclosed to the organization without the
informed voluntary written consent of the patient or patient's
guardian, or if the patient is a minor, of the parent or
guardian of the patient.
(c) The $40 surcharge must be credited to a separate
account to be known as the remote electronic alcohol monitoring
program account. The commissioner shall transfer the balance of
this account to the commissioner of finance on a monthly basis
for deposit in the general fund.
(d) When these fees are collected by a licensing agent,
appointed under section 171.061, a handling charge is imposed in
the amount specified under section 171.061, subdivision 4. The
reinstatement fees and surcharge must be deposited in an
approved state depository as directed under section 171.061,
subdivision 4.
Sec. 13. [SUPERVISION LEVEL.]
Nothing in this act requires a different level of
supervision for offenders than is currently required by law.
Sec. 14. [STUDY.]
By January 15, 2004, and each year thereafter through
January 15, 2007, the commissioner of corrections must report to
the chairs and ranking minority members of the house and senate
committees having jurisdiction over criminal justice and
judiciary finance issues on the implementation and effects of
the felony level driving while impaired offense. The report
must include the following information on felony level driving
while impaired offenses:
(1) the number of persons convicted;
(2) the number of trials taken to verdict, separating out
cases tried to a judge versus cases tried to a jury, and the
number of convictions for each;
(3) the number of offenders incarcerated locally and the
term of incarceration;
(4) the number placed on probation and the length of the
probation;
(5) the number for whom probation is revoked, the reasons
for revocation, and the consequences imposed;
(6) the number given an executed prison sentence upon
conviction and the length of the sentence;
(7) the number given an executed prison sentence upon
revocation of probation and the length of sentence;
(8) the number who successfully complete treatment in
prison;
(9) the number placed on intensive supervision following
release from incarceration;
(10) the number who violate supervised release and the
consequences imposed; and
(11) any other information the commissioner deems relevant
to estimating future costs.
Sec. 15. [FELONY DRIVING WHILE IMPAIRED APPROPRIATIONS.]
Subdivision 1. [TOTAL APPROPRIATION.] $2,670,000 is
appropriated from the general fund to the agencies and for the
purposes specified in this article, to be available for the
fiscal year ending June 30, 2003. The amounts that may be spent
from this appropriation for each program are specified in the
following subdivisions.
Subd. 2. [CORRECTIONS.] (a) $2,334,000 is appropriated to
the department of corrections. The amounts that may be spent
from this appropriation for each program are specified in the
following paragraphs.
(b) $2,137,000 is appropriated to correctional institutions
for increased costs due to the bed impact of the felony-level
penalty for driving while impaired.
(c) $197,000 is appropriated to community services for
increased community supervision costs due to the felony-level
penalty for driving while impaired.
Subd. 3. [PUBLIC SAFETY.] $84,000 is appropriated to the
bureau of criminal apprehension for increased costs associated
with providing trial support due to the felony-level penalty for
driving while impaired.
Subd. 4. [BOARD OF PUBLIC DEFENSE.] $125,000 is
appropriated to the board of public defense for costs associated
with increased trials and appeals due to the felony-level
penalty for driving while impaired.
Subd. 5. [ATTORNEY GENERAL.] $127,000 is appropriated to
the attorney general for costs associated with increased appeals
due to the felony-level penalty for driving while impaired.
Sec. 16. [INSTRUCTION TO REVISOR; LEGISLATIVE INTENT.]
The appropriations contained in this article relating to
the felony-level driving while impaired penalty are superseded
by any other appropriations for the same purposes enacted in the
2001 First Special Session.
Sec. 17. [EFFECTIVE DATE.]
Sections 1 to 11, 13, and 14 are effective August 1, 2002,
and apply to crimes committed on or after that date. However,
violations occurring before August 1, 2002, that are listed in
Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are
considered qualified prior impaired driving incidents for
purposes of this act. The remaining sections are effective July
1, 2001.
ARTICLE 12
MISCELLANEOUS DWI PROVISIONS
Section 1. Minnesota Statutes 2000, section 169A.277,
subdivision 2, is amended to read:
Subd. 2. [MONITORING REQUIRED.] When the court sentences a
person described in subdivision 1 to a stayed sentence and when
electronic monitoring equipment is available to the court, the
court shall require that the person participate in a program of
electronic alcohol monitoring in addition to any other
conditions of probation or jail time it imposes. During the
first one-third of the person's probationary term, the
electronic alcohol monitoring must be continuous and involve
measurements of the person's alcohol concentration at least
three times a day. During the remainder of the person's
probationary term, the electronic alcohol monitoring may be
intermittent, as determined by the court. The court must order
the monitoring for a minimum of 30 consecutive days during each
year of the person's probationary period.
Sec. 2. Minnesota Statutes 2000, section 169A.28,
subdivision 2, is amended to read:
Subd. 2. [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE
OFFENSES.] (a) When a person is being sentenced for a violation
of a provision listed in paragraph (e), the court may sentence
the person to a consecutive term of imprisonment for a violation
of any other provision listed in paragraph (e), notwithstanding
the fact that the offenses arose out of the same course of
conduct, subject to the limitation on consecutive sentences
contained in section 609.15, subdivision 2, and except as
provided in paragraphs (b) and (c).
(b) When a person is being sentenced for a violation of
section 171.09 (violation of condition of restricted license),
171.20 (operation after revocation, suspension, cancellation, or
disqualification), 171.24 (driving without valid license), or
171.30 (violation of condition of limited license), the court
may not impose a consecutive sentence for another violation of a
provision in chapter 171 (drivers' licenses and training
schools).
(c) When a person is being sentenced for a violation of
section 169.791 (failure to provide proof of insurance) or
169.797 (failure to provide vehicle insurance), the court may
not impose a consecutive sentence for another violation of a
provision of sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority of the
court to impose consecutive sentences for crimes arising on
different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation
of the conditions of a stayed or otherwise deferred sentence
under section 609.135 (stay of imposition or execution of
sentence).
(e) This subdivision applies to misdemeanor and gross
misdemeanor violations of the following if the offender has two
or more prior impaired driving convictions within the past ten
years:
(1) section 169A.20, subdivision 1 (driving while impaired;
impaired driving offenses);
(2) section 169A.20, subdivision 2 (driving while impaired;
test refusal offense);
(3) section 169.791;
(3) (4) section 169.797;
(4) (5) section 171.09 (violation of condition of
restricted license);
(6) section 171.20, subdivision 2 (operation after
revocation, suspension, cancellation, or disqualification);
(5) (7) section 171.24; and
(6) (8) section 171.30.
Sec. 3. Minnesota Statutes 2000, section 169A.35,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "alcoholic beverage" has the meaning given it in
section 340A.101, subdivision 2;
(2) "distilled spirits" has the meaning given it in section
340A.101, subdivision 9;
(3) "motor vehicle" does not include motorboats in
operation or off-road recreational vehicles; and
(2) (4) "possession" means either that the person had
actual possession of the bottle or receptacle or that the person
consciously exercised dominion and control over the bottle or
receptacle; and
(5) "3.2 percent malt liquor" has the meaning given it in
section 340A.101, subdivision 19.
Sec. 4. Minnesota Statutes 2000, section 169A.35, is
amended by adding a subdivision to read:
Subd. 1a. [ALCOHOLIC BEVERAGE, DISTILLED SPIRIT, 3.2 MALT
LIQUOR; DETERMINATION.] For purposes of this section only, when
determining whether a beverage is an alcoholic beverage, a
distilled spirit, or 3.2 percent malt liquor:
(1) "alcohol by volume" means milliliters of alcohol per
100 milliliters of beverage; and
(2) "alcohol by weight" means grams of alcohol per 100
grams of beverage.
Sec. 5. Minnesota Statutes 2000, section 169A.37,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DESCRIBED.] It is a crime for a
person to:
(1) to fail to comply with an impoundment order under
section 169A.60 (administrative plate impoundment);
(2) to file a false statement under section 169A.60,
subdivision 7 or, 8, or 14;
(3) to operate a self-propelled motor vehicle on a street
or highway when the vehicle is subject to an impoundment order
issued under section 169A.60, unless specially coded plates have
been issued for the vehicle pursuant to section 169A.60,
subdivision 13; or
(4) to fail to notify the commissioner of the impoundment
order when requesting new plates.;
(5) who is subject to a plate impoundment order under
section 169A.60, to drive, operate, or be in control of any
motor vehicle during the impoundment period, unless the vehicle
has specially coded plates issued pursuant to section 169A.60,
subdivision 13, and the person is validly licensed to drive; or
(6) who is the transferee of a motor vehicle and who has
signed a sworn statement under section 169A.60, subdivision 14,
to allow the previously registered owner to drive, operate, or
be in control of the vehicle during the impoundment period.
Sec. 6. Minnesota Statutes 2000, section 169A.41,
subdivision 2, is amended to read:
Subd. 2. [USE OF TEST RESULTS.] The results of this
preliminary screening test must be used for the purpose of
deciding whether an arrest should be made and whether to require
the tests authorized in section 169A.51 (chemical tests for
intoxication), but must not be used in any court action except
the following:
(1) to prove that a test was properly required of a person
pursuant to section 169A.51, subdivision 1;
(2) in a civil action arising out of the operation or use
of the motor vehicle;
(3) in an action for license reinstatement under section
171.19;
(4) in a prosecution for a violation of section 169A.20,
subdivision 2 (driving while impaired; test refusal);
(5) in a prosecution or juvenile court proceeding
concerning a violation of section 169A.33 (underage drinking and
driving), or 340A.503, subdivision 1, paragraph (a), clause (2)
(underage alcohol consumption);
(5) (6) in a prosecution under section 169A.31,
(alcohol-related school or Head Start bus driving); or 171.30
(limited license); or
(6) (7) in a prosecution for a violation of a restriction
on a driver's license under section 171.09, which provides that
the license holder may not use or consume any amount of alcohol
or a controlled substance.
Sec. 7. Minnesota Statutes 2000, section 169A.51,
subdivision 7, is amended to read:
Subd. 7. [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.]
(a) Only a physician, medical technician, physician's trained
mobile intensive care paramedic emergency medical
technician-paramedic, registered nurse, medical
technologist, medical laboratory technician, or laboratory
assistant acting at the request of a peace officer may withdraw
blood for the purpose of determining the presence of alcohol,
controlled substances, or hazardous substances. This limitation
does not apply to the taking of a breath or urine sample.
(b) The person tested has the right to have someone of the
person's own choosing administer a chemical test or tests in
addition to any administered at the direction of a peace
officer; provided, that the additional test sample on behalf of
the person is obtained at the place where the person is in
custody, after the test administered at the direction of a peace
officer, and at no expense to the state. The failure or
inability to obtain an additional test or tests by a person does
not preclude the admission in evidence of the test taken at the
direction of a peace officer unless the additional test was
prevented or denied by the peace officer.
(c) The physician, medical technician, physician's trained
mobile intensive care paramedic emergency medical
technician-paramedic, medical technologist, medical laboratory
technician, laboratory assistant, or registered nurse drawing
blood at the request of a peace officer for the purpose of
determining the concentration of alcohol, controlled substances,
or hazardous substances is in no manner liable in any civil or
criminal action except for negligence in drawing the blood. The
person administering a breath test must be fully trained in the
administration of breath tests pursuant to training given by the
commissioner of public safety.
Sec. 8. Minnesota Statutes 2000, section 169A.54,
subdivision 6, is amended to read:
Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION.]
Except for a person whose license has been revoked under
subdivision 2, and except for a person convicted of a violation
of section 169A.20 (driving while impaired) while having a child
under the age of 16 in the vehicle if the child is more than 36
months younger than the offender, (a) Any person whose license
has been revoked pursuant to section 169A.52 (license revocation
for test failure or refusal) as the result of the same incident,
and who does not have a qualified prior impaired driving
incident, is subject to the mandatory revocation provisions of
subdivision 1, clause (1) or (2), in lieu of the mandatory
revocation provisions of section 169A.52.
(b) Paragraph (a) does not apply to:
(1) a person whose license has been revoked under
subdivision 2 (driving while impaired by person under age 21);
(2) a person charged with violating section 169A.20
(driving while impaired) with the aggravating factor of having
an alcohol concentration of 0.20 or more as measured at the
time, or within two hours of the time, of the offense, and the
person is convicted of that offense or any other offense
described in section 169A.20 arising out of the same set of
circumstances; or
(3) a person charged with violating section 169A.20
(driving while impaired) with the aggravating factor of having a
child under the age of 16 in the vehicle and the child is more
than 36 months younger than the offender, and the person is
convicted of that offense or any other offense described in
section 169A.20 arising out of the same set of circumstances.
Sec. 9. Minnesota Statutes 2000, section 169A.60,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given in this subdivision.
(b) "Motor vehicle" means a self-propelled motor vehicle
other than a motorboat in operation or a an off-road
recreational vehicle.
(c) "Plate impoundment violation" includes:
(1) a violation of section 169A.20 (driving while impaired)
or 169A.52 (license revocation for test failure or refusal), or
a conforming ordinance from this state or a conforming statute
or ordinance from another state, that results in the revocation
of a person's driver's license or driving privileges, within ten
years of a qualified prior impaired driving incident;
(2) a license disqualification under section 171.165
(commercial driver's license disqualification) resulting from a
violation of section 169A.52 within ten years of a qualified
prior impaired driving incident;
(3) a violation of section 169A.20 or 169A.52 while having
an alcohol concentration of 0.20 or more as measured at the
time, or within two hours of the time, of the offense;
(4) a violation of section 169A.20 or 169A.52 while having
a child under the age of 16 in the vehicle if the child is more
than 36 months younger than the offender; and
(5) a violation of section 171.24 (driving without valid
license) by a person whose driver's license or driving
privileges have been canceled under section 171.04, subdivision
1, clause (10) (persons not eligible for driver's license,
inimical to public safety).
(d) "Significant relationship" has the same meaning as
given in section 609.341, subdivision 15, and includes any
person with whom the actor regularly associates and communicates
outside of a workplace setting.
(e) "Violator" means a person who was driving, operating,
or in physical control of the motor vehicle when the plate
impoundment violation occurred.
Sec. 10. Minnesota Statutes 2000, section 169A.60,
subdivision 13, is amended to read:
Subd. 13. [SPECIAL REGISTRATION PLATES.] (a) At any time
during the effective period of an impoundment order, a violator
or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers
or letters so as to be readily identified by traffic law
enforcement officers. The commissioner may authorize the
issuance of special plates if:
(1) the violator has a qualified licensed driver whom the
violator must identify;
(2) the violator or registered owner has a limited license
issued under section 171.30;
(3) the registered owner is not the violator and the
registered owner has a valid or limited driver's license; or
(4) a member of the registered owner's household has a
valid driver's license; or
(5) the violator has been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates
for that vehicle subject to plate impoundment for a period of at
least one year from the date of the impoundment order and until
the next regularly scheduled registration date following the
impoundment period. In addition, if the owner is the violator,
new registration plates may not be issued for the vehicle unless
the person has been reissued a valid driver's license in
accordance with chapter 171.
(c) A violator may not apply for new registration plates
for a vehicle at any time before the person's driver's license
is reinstated.
(d) The commissioner may issue the special plates on
payment of a $50 fee for each vehicle for which special plates
are requested.
(e) Paragraphs (a) to (d) notwithstanding, the commissioner
must issue upon request new registration plates for a vehicle
for which the registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with
subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile
dealer licensed under section 168.27, a financial institution
that has submitted a repossession affidavit, or a government
agency.
Sec. 11. Minnesota Statutes 2000, section 169A.60,
subdivision 14, is amended to read:
Subd. 14. [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.]
(a) A registered owner may not sell or transfer a motor vehicle
during the time its registration plates have been ordered
impounded or during the time its registration plates bear a
special series number, unless:
(1) the sale is for a valid consideration;
(2) the transferee does and the registered owner:
(i) are not, and have not been, related by blood, adoption,
or marriage;
(ii) do not reside in the same household as the registered
owner; and
(iii) do not have, and have not had at any time, a
significant relationship with one another;
(3) the transferee signs an acceptable sworn statement with
the commissioner attesting that:
(i) the transferee and the violator do not have, and have
not had at any time, a significant relationship with one
another;
(ii) the transferee understands that the vehicle is subject
to an impoundment order; and
(iii) it is a crime under section 169A.37 to file a false
statement under this section or to allow the previously
registered owner to drive, operate, or be in control of the
vehicle during the impoundment period; and
(4) all elements of section 168A.10 (transfer of interest
by owner) are satisfied.
(b) If the conditions of paragraph (a) are satisfied, the
registrar may then transfer the title to the new owner upon
proper application and issue new registration plates for the
vehicle.
Sec. 12. Minnesota Statutes 2000, section 169A.63,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(b) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a violation of a
designated offense or to require a test under section 169A.51
(chemical tests for intoxication).
(c) "Designated license revocation" includes a license
revocation under section 169A.52 (license revocation for test
failure or refusal) or a license disqualification under section
171.165 (commercial driver's license disqualification) resulting
from a violation of section 169A.52; within ten years of the
first of two or more qualified prior impaired driving incidents.
(d) "Designated offense" includes:
(1) a violation of section 169A.20 (driving while impaired)
under the circumstances described in section 169A.25
(first-degree driving while impaired); or
(2) a violation of section 169A.20 or an ordinance in
conformity with it:
(i) by a person whose driver's license or driving
privileges have been canceled as inimical to public safety under
section 171.04, subdivision 1, clause (10); or
(ii) by a person who is subject to a restriction on the
person's driver's license under section 171.09 (commissioner's
license restrictions), which provides that the person may not
use or consume any amount of alcohol or a controlled substance.
(e) "Motor vehicle" and "vehicle" do not include a vehicle
which is stolen or taken in violation of the law.
(f) "Owner" means the registered owner of the motor vehicle
according to records of the department of public safety and
includes a lessee of a motor vehicle if the lease agreement has
a term of 180 days or more.
(g) "Prosecuting authority" means the attorney in the
jurisdiction in which the designated offense occurred who is
responsible for prosecuting violations of a designated
offense or a designee. If a state agency initiated the
forfeiture, and the attorney responsible for prosecuting the
designated offense declines to pursue forfeiture, the attorney
general's office or its designee may initiate forfeiture under
this section.
Sec. 13. Minnesota Statutes 2000, section 169A.63,
subdivision 10, is amended to read:
Subd. 10. [DISPOSITION OF FORFEITED VEHICLE.] (a) If the
vehicle is administratively forfeited under subdivision 8, or if
the court finds under subdivision 9 that the vehicle is subject
to forfeiture under subdivisions 6 and 7, the appropriate agency
shall:
(1) sell the vehicle and distribute the proceeds under
paragraph (b); or
(2) keep the vehicle for official use. If the agency keeps
a forfeited motor vehicle for official use, it shall make
reasonable efforts to ensure that the motor vehicle is available
for use by the agency's officers who participate in the drug
abuse resistance education program.
(b) The proceeds from the sale of forfeited vehicles, after
payment of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the property, must be
forwarded to the treasury of the political subdivision that
employs the appropriate agency responsible for the forfeiture
for use in DWI-related enforcement, training, and education. If
the appropriate agency is an agency of state government, the net
proceeds must be forwarded to the state treasury and credited to
the following funds:
(1) if the forfeited vehicle is a motorboat, the net
proceeds must be credited to the water recreation account in the
natural resources fund;
(2) if the forfeited vehicle is a snowmobile, the net
proceeds must be credited to the snowmobile trails and
enforcement account in the natural resources fund;
(3) if the forfeited vehicle is an all-terrain vehicle, the
net proceeds must be credited to the all-terrain vehicle account
in the natural resources fund;
(4) if the forfeited vehicle is an off-highway motorcycle,
the net proceeds must be credited to the off-highway motorcycle
account in the natural resources fund;
(5) if the forfeited vehicle is an off-road vehicle, the
net proceeds must be credited to the off-road vehicle account in
the natural resources fund; and
(6) if otherwise, the net proceeds must be credited to the
general fund distributed as follows:
(1) 70 percent of the proceeds must be forwarded to the
appropriate agency for deposit as a supplement to the state or
local agency's operating fund or similar fund for use in
DWI-related enforcement, training, and education; and
(2) 30 percent of the money or proceeds must be forwarded
to the prosecuting authority that handled the forfeiture for
deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes.
Sec. 14. Minnesota Statutes 2000, section 171.09, is
amended to read:
171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS; VIOLATIONS.]
(a) The commissioner shall have the authority, when good
cause appears, to impose restrictions suitable to the licensee's
driving ability or such other restrictions applicable to the
licensee as the commissioner may determine to be appropriate to
assure the safe operation of a motor vehicle by the licensee.
The commissioner may, upon receiving satisfactory evidence of
any violation of the restrictions of the license, suspend or
revoke the license. A license suspension under this section is
subject to section 171.18, subdivisions 2 and 3.
(b) It is unlawful for any person to operate A person who
drives, operates, or is in physical control of a motor
vehicle in any manner while in violation of the restrictions
imposed in a restricted driver's license issued to that person
under paragraph (a) is guilty of a crime as follows:
(1) if the restriction relates to the possession or
consumption of alcohol or controlled substances, the person is
guilty of a gross misdemeanor; or
(2) if the restriction relates to another matter, the
person is guilty of a misdemeanor.
Sec. 15. Minnesota Statutes 2000, section 171.29,
subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except
under section 169A.52 or, 169A.54, or 609.21, shall pay a $30
fee before the driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169A.52 or, 169A.54, or
609.21, shall pay a $250 fee plus a $40 surcharge before the
driver's license is reinstated. The $250 fee is to be credited
as follows:
(1) Twenty percent must be credited to the trunk highway
fund.
(2) Fifty-five percent must be credited to the general fund.
(3) Eight percent must be credited to a separate account to
be known as the bureau of criminal apprehension account. Money
in this account may be appropriated to the commissioner of
public safety and the appropriated amount must be apportioned 80
percent for laboratory costs and 20 percent for carrying out the
provisions of section 299C.065.
(4) Twelve percent must be credited to a separate account
to be known as the alcohol-impaired driver education account.
Money in the account is appropriated as follows:
(i) the first $200,000 in a fiscal year to the commissioner
of children, families, and learning for programs for elementary
and secondary school students; and
(ii) the remainder credited in a fiscal year to the
commissioner of transportation to be spent as grants to the
Minnesota highway safety center at St. Cloud State University
for programs relating to alcohol and highway safety education in
elementary and secondary schools.
(5) Five percent must be credited to a separate account to
be known as the traumatic brain injury and spinal cord injury
account. The money in the account is annually appropriated to
the commissioner of health to be used as follows: 35 percent
for a contract with a qualified community-based organization to
provide information, resources, and support to assist persons
with traumatic brain injury and their families to access
services, and 65 percent to maintain the traumatic brain injury
and spinal cord injury registry created in section 144.662. For
the purposes of this clause, a "qualified community-based
organization" is a private, not-for-profit organization of
consumers of traumatic brain injury services and their family
members. The organization must be registered with the United
States Internal Revenue Service under section 501(c)(3) as a
tax-exempt organization and must have as its purposes:
(i) the promotion of public, family, survivor, and
professional awareness of the incidence and consequences of
traumatic brain injury;
(ii) the provision of a network of support for persons with
traumatic brain injury, their families, and friends;
(iii) the development and support of programs and services
to prevent traumatic brain injury;
(iv) the establishment of education programs for persons
with traumatic brain injury; and
(v) the empowerment of persons with traumatic brain injury
through participation in its governance.
No patient's name, identifying information or identifiable
medical data will be disclosed to the organization without the
informed voluntary written consent of the patient or patient's
guardian, or if the patient is a minor, of the parent or
guardian of the patient.
(c) The $40 surcharge must be credited to a separate
account to be known as the remote electronic alcohol monitoring
program account. The commissioner shall transfer the balance of
this account to the commissioner of finance on a monthly basis
for deposit in the general fund.
(d) When these fees are collected by a licensing agent,
appointed under section 171.061, a handling charge is imposed in
the amount specified under section 171.061, subdivision 4. The
reinstatement fees and surcharge must be deposited in an
approved state depository as directed under section 171.061,
subdivision 4.
Sec. 16. Minnesota Statutes 2000, section 609.035,
subdivision 2, is amended to read:
Subd. 2. (a) When a person is being sentenced for a
violation of a provision listed in paragraph (e), the court may
sentence the person to a consecutive term of imprisonment for a
violation of any other provision listed in paragraph (e),
notwithstanding the fact that the offenses arose out of the same
course of conduct, subject to the limitation on consecutive
sentences contained in section 609.15, subdivision 2, and except
as provided in paragraphs (b), (c), and (f) of this subdivision.
(b) When a person is being sentenced for a violation of
section 171.09, 171.20, 171.24, or 171.30, the court may not
impose a consecutive sentence for another violation of a
provision in chapter 171.
(c) When a person is being sentenced for a violation of
section 169.791 or 169.797, the court may not impose a
consecutive sentence for another violation of a provision of
sections 169.79 to 169.7995.
(d) This subdivision does not limit the authority of the
court to impose consecutive sentences for crimes arising on
different dates or to impose a consecutive sentence when a
person is being sentenced for a crime and is also in violation
of the conditions of a stayed or otherwise deferred sentence
under section 609.135.
(e) This subdivision applies to misdemeanor and gross
misdemeanor violations of the following if the offender has two
or more prior impaired driving convictions as defined in section
169A.03 within the past ten years:
(1) section 169A.20, subdivision 1, driving while impaired;
(2) section 169A.20, subdivision 2, test refusal;
(3) section 169.791, failure to provide proof of insurance;
(3) (4) section 169.797, failure to provide vehicle
insurance;
(4) (5) section 171.09, violation of condition of
restricted license;
(6) section 171.20, subdivision 2, operation after
revocation, suspension, cancellation, or disqualification;
(5) (7) section 171.24, driving without valid license; and
(6) (8) section 171.30, violation of condition of limited
license.
(f) When a court is sentencing an offender for a violation
of section 169A.20 and a violation of an offense listed in
paragraph (e), and the offender has five or more qualified prior
impaired driving incidents, as defined in section 169A.03,
within the past ten years, the court shall sentence the offender
to serve consecutive sentences for the offenses, notwithstanding
the fact that the offenses arose out of the same course of
conduct.
Sec. 17. Minnesota Statutes 2000, section 626.52, is
amended by adding a subdivision to read:
Subd. 4. [IMMUNITY FROM LIABILITY.] Any person reporting
in good faith and exercising due care shall have immunity from
any liability, civil or criminal, that otherwise might result by
reason of the person's actions pursuant to this section or
section 626.53. No cause of action may be brought against any
person for not making a report pursuant to this section or
section 626.53.
Sec. 18. [REPEALER.]
Minnesota Statutes 2000, section 626.55, subdivision 2, is
repealed.
Sec. 19. [EFFECTIVE DATES.]
Provisions in this article that relate to crimes are
effective August 1, 2001, and apply to crimes or acts committed
on or after that date. The remaining provisions are effective
July 1, 2001.
Presented to the governor June 30, 2001
Signed by the governor June 30, 2001, 8:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes