Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 401-H.F.No. 2515 
                  An act relating to terrorism; data practices; enacting 
                  the Minnesota Anti-Terrorism Act of 2002; establishing 
                  crimes and setting penalties for crimes involving 
                  weapons of mass destruction, explosives, and hoaxes; 
                  extending the public safety radio communication system 
                  and requiring recommendations on its governance; 
                  authorizing sale of metropolitan council revenue 
                  bonds; establishing a homeland security advisory 
                  council; prohibiting trespass on critical public 
                  service facilities; prohibiting damage to property of 
                  critical public service facilities; prohibiting 
                  placing explosive or simulated explosive devices near 
                  utilities and transportation centers; prohibiting real 
                  and simulated weapons of mass destruction; enhancing 
                  penalties and creating new crimes designed to deter 
                  and punish terroristic activities; providing for 
                  additional collection of biological specimens for DNA 
                  testing of certain convicted felons and adjudicated 
                  delinquents; increasing the emergency telephone fee; 
                  appropriating money; amending Minnesota Statutes 2000, 
                  sections 473.891, subdivision 3, by adding a 
                  subdivision; 473.898, subdivisions 1, 3; 473.902, 
                  subdivisions 1, 3, 5; 609.106, subdivision 2; 609.185; 
                  609.595, subdivision 1; Minnesota Statutes 2001 
                  Supplement, sections 403.11, subdivision 1; 473.901, 
                  subdivision 1; proposing coding for new law in 
                  Minnesota Statutes, chapters 373; 473; 609. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                                     POLICY
           Section 1.  [HOMELAND SECURITY ADVISORY COUNCIL.] 
           Subdivision 1.  [CREATION; DUTY.] A homeland security 
        advisory council is established to advise the department of 
        public safety on issues relating to homeland security, to review 
        and recommend changes to all terrorism preparedness and 
        antiterrorism policies and procedures, and to ensure 
        coordination of and accountability for all state and federal 
        antiterrorism and terrorism preparedness related funding. 
           Subd. 2.  [MEMBERSHIP.] The homeland security advisory 
        council shall consist of the following members: 
           (1) the commissioner of health; 
           (2) the commissioner of public safety; 
           (3) the commissioner of transportation or the 
        commissioner's designee; 
           (4) the commissioner of agriculture or the commissioner's 
        designee; 
           (5) the commissioner of the pollution control agency or the 
        commissioner's designee; 
           (6) the commissioner of military affairs or the 
        commissioner's designee; 
           (7) the commissioner of natural resources or the 
        commissioner's designee; 
           (8) a representative of the association of Minnesota 
        counties; 
           (9) a representative of the association of Minnesota 
        townships; 
           (10) a representative of the league of Minnesota cities; 
           (11) a representative of the public safety radio system 
        policy group; 
           (12) a representative of the Minnesota state sheriffs 
        association; 
           (13) a representative of the Minnesota chiefs of police 
        association; 
           (14) a representative of the Minnesota police and peace 
        officer association; 
           (15) a representative of the Minnesota fire chiefs 
        association; 
           (16) a representative of the Minnesota professional fire 
        fighters association; 
           (17) a representative of the association of Minnesota 
        emergency managers; 
           (18) a representative of the Minnesota hospital and 
        healthcare partnership; 
           (19) a representative of local public health entities and 
        organizations; 
           (20) a representative of the Minnesota Medical Association; 
           (21) a representative of the United States federal 
        emergency management agency; 
           (22) a representative of the United States attorney's 
        office; 
           (23) a representative of the Minnesota ambulance 
        association; 
           (24) a representative of the Minnesota emergency medical 
        services regulatory board; 
           (25) a representative of the Minnesota nurses association; 
           (26) a representative of the Indian affairs council; and 
           (27) a representative of the emergency management division 
        of the department of public safety. 
           Subd. 3.  [MEETINGS.] The council shall be cochaired by the 
        commissioner of public safety and the commissioner of health. 
        The cochairs shall convene meetings of the council on a regular 
        basis. 
           Subd. 4.  [SUBCOMMITTEES.] The council shall form and 
        consult with the following subcommittees and task forces to 
        provide advice on specific decisions related to homeland 
        security initiatives: 
           (a) public safety subcommittee; 
           (b) terrorism and health task force; and 
           (c) other subcommittees and task forces as the council 
        deems necessary. 
           Subd. 5.  [COMPENSATION.] Each member of the council shall 
        serve without compensation or reimbursement. 
           Subd. 6.  [PLAN UPDATE; REPORTING.] By November 1st of each 
        year, the council must submit an updated statewide terrorism 
        preparedness implementation plan to the legislature. As part of 
        the annual update, the council must summarize and report on the 
        distribution of all funds reviewed by the council for the 
        preceding year and may make recommendations for new funding. 
           Subd. 7.  [EXPIRATION.] The advisory council expires on 
        June 30, 2005. 
           [EFFECTIVE DATE.] This section is effective the day 
        following enactment. 
           Sec. 2.  [373.47] [COUNTY DEBT AUTHORITY.] 
           Subdivision 1.  [AUTHORITY TO INCUR DEBT.] (a) Subject to 
        prior approval by the public safety radio system planning 
        committee under section 473.907, the governing body of a county 
        may finance the cost of designing, constructing, and acquiring 
        public safety communication system infrastructure and equipment 
        for use on the statewide, shared public safety radio system by 
        issuing: 
           (1) capital improvement bonds under section 373.40, as if 
        the infrastructure and equipment qualified as a "capital 
        improvement" within the meaning of section 373.40, subdivision 
        1, paragraph (b); and 
           (2) capital notes under the provisions of section 373.01, 
        subdivision 3, as if the equipment qualified as "capital 
        equipment" within the meaning of section 373.01, subdivision 3. 
           (b) For purposes of this section, "county" means the 
        following counties:  Anoka, Benton, Carver, Chisago, Dakota, 
        Dodge, Fillmore, Freeborn, Goodhue, Hennepin, Houston, Isanti, 
        Mower, Olmsted, Ramsey, Rice, Scott, Sherburne, Steele, Wabasha, 
        Washington, Wright, and Winona. 
           (c) The authority to incur debt under this section is not 
        effective until July 1, 2003, for the following counties:  
        Benton, Dodge, Fillmore, Freeborn, Goodhue, Houston, Mower, 
        Olmsted, Rice, Sherburne, Steele, Wabasha, Wright, and Winona. 
           Subd. 2.  [TREATMENT OF LEVY.] The county may report the 
        tax attributable to any levy to pay principal and interest on 
        bonds or notes issued under this section as a separate line item 
        on the property tax statement.  The levy to pay principal and 
        interest on the notes or bonds is exempt from the limits on the 
        amount or rate of tax imposed under any other provision of law. 
           Subd. 3.  [EXPIRATION.] The authority to issue debt under 
        this section expires December 31, 2012.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  Minnesota Statutes 2001 Supplement, section 
        403.11, subdivision 1, is amended to read: 
           Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
        customer of a telephone company or communications carrier that 
        provides service capable of originating a 911 emergency 
        telephone call is assessed a fee to cover the costs of ongoing 
        maintenance and related improvements for trunking and central 
        office switching equipment for minimum 911 emergency telephone 
        service, plus administrative and staffing costs of the 
        department of administration related to managing the 911 
        emergency telephone service program.  Recurring charges by a 
        public utility providing telephone service for updating the 
        information required by section 403.07, subdivision 3, must be 
        paid by the commissioner of administration if the utility is 
        included in an approved 911 plan and the charges have been 
        certified and approved under subdivision 3.  The commissioner of 
        administration shall transfer an amount equal to two cents a 
        month from the fee assessed under this section on cellular and 
        other nonwire access services to the commissioner of public 
        safety for the purpose of offsetting the costs, including 
        administrative and staffing costs, incurred by the state patrol 
        division of the department of public safety in handling 911 
        emergency calls made from cellular phones.  Money remaining in 
        the 911 emergency telephone service account after all other 
        obligations are paid must not cancel and is carried forward to 
        subsequent years and may be appropriated from time to time to 
        the commissioner of administration to provide financial 
        assistance to counties for the improvement of local emergency 
        telephone services.  The improvements may include providing 
        access to minimum 911 service for telephone service subscribers 
        currently without access and upgrading existing 911 service to 
        include automatic number identification, local location 
        identification, automatic location identification, and other 
        improvements specified in revised county 911 plans approved by 
        the department. 
           (b) The fee is 27 may not be less than eight cents nor more 
        than 33 cents a month for each customer access line or other 
        basic access service, including trunk equivalents as designated 
        by the public utilities commission for access charge purposes 
        and including cellular and other nonwire access services.  With 
        the approval of the commissioner of finance, the commissioner of 
        administration shall establish the amount of the fee within the 
        limits specified and inform the companies and carriers of the 
        amount to be collected.  The commissioner shall provide 
        companies and carriers a minimum of 45 days' notice of each fee 
        change.  For fiscal year 2003, the commissioner of 
        administration shall provide a minimum of 35 days' notice of 
        each fee change.  The fee must be the same for all customers.  
           (c) The fee must be collected by each company or carrier 
        providing service subject to the fee.  Fees are payable to and 
        must be submitted to the commissioner of administration monthly 
        before the 25th of each month following the month of collection, 
        except that fees may be submitted quarterly if less than $250 a 
        month is due, or annually if less than $25 a month is due.  
        Receipts must be deposited in the state treasury and credited to 
        a 911 emergency telephone service account in the special revenue 
        fund.  The money in the account may only be used for 911 
        telephone services as provided in paragraph (a).  
           (d) This subdivision does not apply to customers of a 
        telecommunications carrier as defined in section 237.01, 
        subdivision 6.  
           Sec. 4.  Minnesota Statutes 2000, section 473.891, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FIRST PHASE.] "First phase" or "first phase of 
        the regionwide public safety radio communications system" means 
        the initial backbone which serves state and regional agencies 
        the following nine-county metropolitan area:  Anoka, Carver, 
        Chisago, Hennepin, Isanti, Ramsey, Scott, and Washington 
        counties. 
           Sec. 5.  Minnesota Statutes 2000, section 473.891, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [SECOND PHASE.] "Second phase" means the 
        metropolitan radio board building subsystems for local 
        government units in the metropolitan area that did not build 
        their own subsystems in the first phase. 
           Sec. 6.  Minnesota Statutes 2000, section 473.898, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZATION.] The council, if requested 
        by a vote of at least two-thirds of all of the members of the 
        metropolitan radio board may, by resolution, authorize the 
        issuance of its revenue bonds for any of the following purposes 
        to: 
           (1) provide funds for regionwide mutual aid and emergency 
        medical services communications; 
           (2) provide funds for the elements of the first phase of 
        the regionwide public safety radio communications system that 
        the board determines are of regionwide benefit and support 
        mutual aid and emergency medical services communication 
        including, but not limited to, costs of master controllers of 
        the backbone; or 
           (3) provide money for the second phase of the public safety 
        radio communication system; or 
           (4) refund bonds issued under this section. 
           Sec. 7.  Minnesota Statutes 2000, section 473.898, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
        bonds issued pursuant to subdivision 1, exclusive of any 
        original issue discount, shall not exceed the amount of 
        $10,000,000 plus the amount the council determines necessary to 
        pay the costs of issuance, fund reserves, debt service, and pay 
        for any bond insurance or other credit enhancement. 
           (b) In addition to the amount authorized under paragraph 
        (a), the council may issue bonds under subdivision 1 in a 
        principal amount of $3,306,300, plus the amount the council 
        determines necessary to pay the cost of issuance, fund reserves, 
        debt service, and any bond insurance or other credit 
        enhancement.  The proceeds of bonds issued under this paragraph 
        may not be used to finance portable or subscriber radio sets. 
           (c) In addition to the amount authorized under paragraphs 
        (a) and (b), the council may issue bonds under subdivision 1 in 
        a principal amount of $12,000,000, plus the amount the council 
        determines necessary to pay the costs of issuance, fund 
        reserves, debt service, and any bond insurance or other credit 
        enhancement.  The proceeds of bonds issued under this paragraph 
        must be used to pay up to 30 percent of the cost to a local 
        government unit of building a subsystem and may not be used to 
        finance portable or subscriber radio sets.  The council must 
        time the sale and issuance of the bonds so that the debt service 
        on the bonds can be covered by the additional revenue that will 
        become available in the fiscal year ending June 30, 2005, 
        generated under section 403.11 and appropriated under section 
        473.901.  
           Sec. 8.  Minnesota Statutes 2001 Supplement, section 
        473.901, subdivision 1, is amended to read: 
           Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
        year beginning with the fiscal year commencing July 1, 1997, the 
        amount necessary to pay the following costs is appropriated to 
        the commissioner of administration from the 911 emergency 
        telephone service account established under section 403.11: 
           (1) debt service costs and reserves for bonds issued 
        pursuant to section 473.898; 
           (2) repayment of the right-of-way acquisition loans; 
           (3) costs of design, construction, maintenance of, and 
        improvements to those elements of the first phase and second 
        phases that support mutual aid communications and emergency 
        medical services; or 
           (4) recurring charges for leased sites and equipment for 
        those elements of the first phase and second phases that support 
        mutual aid and emergency medical communication services; or 
           (5) aid to local units of government for sites and 
        equipment in support of mutual aid and emergency medical 
        communications services. 
           This appropriation shall be used to pay annual debt service 
        costs and reserves for bonds issued pursuant to section 473.898 
        prior to use of fee money to pay other costs eligible under this 
        subdivision.  In no event shall the appropriation for each 
        fiscal year exceed an amount equal to four cents a month for 
        each customer access line or other basic access service, 
        including trunk equivalents as designated by the public 
        utilities commission for access charge purposes and including 
        cellular and other nonwire access services, in the fiscal year.  
        Beginning July 1, 2004, this amount will increase to 5.5 cents a 
        month.  
           Sec. 9.  Minnesota Statutes 2000, section 473.902, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
        current costs of the board in implementing the regionwide public 
        safety radio communication plan system and the first phase 
        system and second phase systems shall be allocated among and 
        paid by the following users, all in accordance with the 
        regionwide public safety radio system communication plan adopted 
        by the board: 
           (1) the state of Minnesota for its operations using the 
        system in the metropolitan counties; 
           (2) all local government units using the system; and 
           (3) other eligible users of the system. 
           Sec. 10.  Minnesota Statutes 2000, section 473.902, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO BOARD.] 
        Each local government and other eligible users of the first or 
        second phase system shall pay to the board all sums charged to 
        it under this section, at the times and in the manner determined 
        by the board.  The governing body of each local government shall 
        take all action that may be necessary to provide the funds 
        required for these payments and to make them when due.  
           Sec. 11.  Minnesota Statutes 2000, section 473.902, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
        any local government using the first or second phase system 
        fails to meet any payment to the board under subdivision 1 when 
        due, the metropolitan council may certify to the auditor of the 
        county in which the government unit is located the amount 
        required for payment of the amount due with interest at six 
        percent per year.  The auditor shall levy and extend the amount 
        due, with interest, as a tax upon all taxable property in the 
        government unit for the next calendar year, free from any 
        existing limitations imposed by law or charter.  This tax shall 
        be collected in the same manner as the general taxes of the 
        government unit, and the proceeds of the tax, when collected, 
        shall be paid by the county treasurer to the board and credited 
        to the government unit for which the tax was levied.  
           Sec. 12.  [473.907] [PUBLIC SAFETY RADIO SYSTEM PLANNING 
        COMMITTEE.] 
           Subdivision 1.  [PLANNING COMMITTEE.] (a) The commissioner 
        of public safety shall convene and chair a planning committee to 
        develop a project plan for a statewide, shared, trunked public 
        safety radio communication system. 
           (b) The planning committee consists of the following 
        members or their designees: 
           (1) the commissioner of public safety; 
           (2) the commissioner of transportation; 
           (3) the commissioner of administration; 
           (4) the commissioner of natural resources; 
           (5) the chair of the metropolitan radio board; 
           (6) the president of the Minnesota sheriffs' association; 
           (7) a representative of the league of Minnesota cities from 
        the metropolitan area; and 
           (8) a representative of the association of Minnesota 
        counties from greater Minnesota. 
           Additionally, the commissioner of finance or a designee 
        shall serve on the committee as a nonvoting member.  
           (c) The planning committee must implement the project plan 
        and establish the statewide, shared trunked radio and 
        communications system.  The commissioner of public safety is 
        designated as the chair of the planning committee.  The 
        commissioner of public safety and the planning committee have 
        overall responsibility for the successful completion of 
        statewide communications infrastructure system integration. 
           (d) The planning committee must establish one or more 
        advisory groups for the purpose of advising on the plan, design, 
        implementation and administration of the statewide, shared 
        trunked radio and communications system.  At least one such 
        group must consist of the following members: 
           (1) the chair of the metropolitan radio board or a 
        designee; 
           (2) the chief of the Minnesota state patrol; 
           (3) a representative of the Minnesota state sheriffs' 
        association; 
           (4) a representative of the Minnesota chiefs of police 
        association; and 
           (5) a representative of the Minnesota fire chiefs' 
        association. 
           Subd. 2.  [PLAN CONTENTS.] (a) The statewide, shared radio 
        and communications system project plan must include: 
           (1) standards, guidelines and comprehensive design for the 
        system, including use and integration of existing public and 
        private communications infrastructure; 
           (2) proposed project implementation schedule, phases and 
        estimated costs for each phase of the plan; 
           (3) recommended statutory changes required for effective 
        implementation and administration of the statewide, shared 
        trunked radio and communications system; 
           (4) establishment of a permanent governance structure to 
        manage, administer and operate the statewide, shared trunked 
        radio system as it becomes operational; and 
           (5) a policy for the lease of excess space or capacity on 
        systems constructed under the project plan, consistent with 
        section 174.70, subdivision 2, with priority given first to 
        local units of government for public safety communications 
        transmission needs and second to any other communications 
        transmission needs of either the public or private sector. 
           (b) The planning committee must ensure that generally 
        accepted project management techniques are utilized for each 
        project or phase of the statewide, shared radio and 
        communications system, consistent with guidelines of the project 
        management office of the office of technology: 
           (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. 
           Subd. 3.  [LOCAL FINANCING.] A local unit of government 
        that receives state funds for the statewide, shared trunked 
        radio and communications system must agree to participate in the 
        system and must comply with the standards and guidelines 
        contained in the project plan.  The planning committee must 
        review and approve all local planning initiatives, including 
        bonds issued under section 373.47, for connectivity to the 
        system to assure compatibility, interoperability and integration 
        support with the system and plan standards.  As part of the 
        review, and prior to approving the issuance of bonds under 
        section 373.47, the planning committee must require, and a 
        county must provide, a detailed plan including a budget and 
        detailed cost estimates.  
           Subd. 4.  [REPORTING.] By November 15, 2002, the planning 
        committee must submit a status report to the governor and to the 
        chairs and ranking minority members of the house and senate 
        committees with jurisdiction over capital investment and 
        criminal justice funding and policy along with any proposed 
        statutory changes and funding options to allow for consideration 
        in the 2004-2005 biennial budget process.  By January 15, 2003, 
        the planning committee must submit the project plan to the 
        governor and to the above named legislators, and must 
        immediately thereafter commence execution of the plan.  
           Sec. 13.  Minnesota Statutes 2000, section 609.106, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
        a person to life imprisonment without possibility of release 
        under the following circumstances: 
           (1) the person is convicted of first degree murder under 
        section 609.185, paragraph (a), clause (2) or, (4), or (7); 
           (2) the person is convicted of committing first degree 
        murder in the course of a kidnapping under section 609.185, 
        clause (3); or 
           (3) the person is convicted of first degree murder under 
        section 609.185, clause (1), (3), (5), or (6), and the court 
        determines on the record at the time of sentencing that the 
        person has one or more previous convictions for a heinous crime. 
           [EFFECTIVE DATE.] This section is effective July 1, 2002, 
        and applies to crimes committed on or after that date. 
           Sec. 14.  [609.119] [ADDITIONAL COLLECTION OF BIOLOGICAL 
        SPECIMENS FOR DNA TESTING.] 
           (a) From July 1, 2002, to June 30, 2003, the court shall 
        order an offender to provide a biological specimen for the 
        purpose of future DNA analysis as described in section 299C.155 
        when: 
           (1) the court sentences a person charged with committing or 
        attempting to commit a felony offense not described in section 
        609.117, subdivision 1, and the person is convicted of that 
        offense or of any felony offense arising out of the same set of 
        circumstances; or 
           (2) the juvenile court adjudicates a person a delinquent 
        child who is petitioned for committing or attempting to commit a 
        felony offense not described in section 609.117, subdivision 1, 
        and is adjudicated delinquent for that offense or any 
        felony-level offense arising out of the same set of 
        circumstances. 
        The biological specimen shall be maintained by the bureau of 
        criminal apprehension as provided in section 299C.155. 
           (b) From July 1, 2002, to June 30, 2003, the commissioner 
        of corrections or local corrections authority shall order a 
        person to provide a biological specimen for the purpose of 
        future DNA analysis as described in section 299C.155 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 initially charged with committing or attempting to 
        commit a felony offense not described in section 609.117, 
        subdivision 1, and was convicted of that offense or of any 
        felony offense arising out of the same set of circumstances; or 
           (2) is serving a term of imprisonment in this state under a 
        reciprocal agreement although convicted in another state of 
        committing or attempting to commit a felony offense not 
        described in section 609.117, subdivision 1, or of any felony 
        offense arising out of the same set of circumstances if the 
        person was initially charged with committing or attempting to 
        commit a felony offense not described in section 609.117, 
        subdivision 1.  
        The commissioner of corrections or local corrections authority 
        shall forward the sample to the bureau of criminal apprehension. 
           (c) From July 1, 2002, to June 30, 2003, 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 future DNA analysis as described in section 
        299C.155, if the offender was initially charged with committing 
        or attempting to commit a felony offense not described in 
        section 609.117, subdivision 1, and was convicted of that 
        offense or of any felony offense arising out of the same set of 
        circumstances.  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. 15.  Minnesota Statutes 2000, section 609.185, is 
        amended to read: 
           609.185 [MURDER IN THE FIRST DEGREE.] 
           (a) Whoever does any of the following is guilty of murder 
        in the first degree and shall be sentenced to imprisonment for 
        life: 
           (1) causes the death of a human being with premeditation 
        and with intent to effect the death of the person or of another; 
           (2) causes the death of a human being while committing or 
        attempting to commit criminal sexual conduct in the first or 
        second degree with force or violence, either upon or affecting 
        the person or another; 
           (3) causes the death of a human being with intent to effect 
        the death of the person or another, while committing or 
        attempting to commit burglary, aggravated robbery, kidnapping, 
        arson in the first or second degree, a drive-by shooting, 
        tampering with a witness in the first degree, escape from 
        custody, or any felony violation of chapter 152 involving the 
        unlawful sale of a controlled substance; 
           (4) causes the death of a peace officer or a guard employed 
        at a Minnesota state or local correctional facility, with intent 
        to effect the death of that person or another, while the peace 
        officer or guard is engaged in the performance of official 
        duties; 
           (5) causes the death of a minor while committing child 
        abuse, when the perpetrator has engaged in a past pattern of 
        child abuse upon the child and the death occurs under 
        circumstances manifesting an extreme indifference to human life; 
        or 
           (6) causes the death of a human being while committing 
        domestic abuse, when the perpetrator has engaged in a past 
        pattern of domestic abuse upon the victim or upon another family 
        or household member and the death occurs under circumstances 
        manifesting an extreme indifference to human life; or 
           (7) causes the death of a human being while committing, 
        conspiring to commit, or attempting to commit a felony crime to 
        further terrorism and the death occurs under circumstances 
        manifesting an extreme indifference to human life. 
           (b) For purposes of paragraph (a), clause (5), "child abuse"
        means an act committed against a minor victim that constitutes a 
        violation of the following laws of this state or any similar 
        laws of the United States or any other state:  section 609.221; 
        609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
        609.345; 609.377; 609.378; or 609.713. 
           (c) For purposes of paragraph (a), clause (6), "domestic 
        abuse" means an act that: 
           (1) constitutes a violation of section 609.221, 609.222, 
        609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
        609.713, or any similar laws of the United States or any other 
        state; and 
           (2) is committed against the victim who is a family or 
        household member as defined in section 518B.01, subdivision 2, 
        paragraph (b). 
           (d) For purposes of paragraph (a), clause (7), "further 
        terrorism" has the meaning given in section 609.714, subdivision 
        1. 
           [EFFECTIVE DATE.] This section is effective July 1, 2002, 
        and applies to crimes committed on or after that date.  
           Sec. 16.  [609.594] [DAMAGE TO PROPERTY OF CRITICAL PUBLIC 
        SERVICE FACILITIES, UTILITIES, AND PIPELINES.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "critical public service facility" includes railroad 
        yards and stations, bus stations, airports, and other mass 
        transit facilities; oil refineries; storage areas or facilities 
        for hazardous materials, hazardous substances, or hazardous 
        wastes; and bridges; 
           (2) "pipeline" has the meaning given in section 609.6055, 
        subdivision 1; and 
           (3) "utility" includes:  (i) any organization defined as a 
        utility in section 216C.06, subdivision 5; (ii) any 
        telecommunications carrier or telephone company regulated under 
        chapter 237; and (iii) any local utility or enterprise formed 
        for the purpose of providing electrical or gas heating and 
        power, telephone, water, sewage, wastewater, or other related 
        utility service, which is owned, controlled, or regulated by a 
        town, a statutory or home rule charter city, a county, a port 
        development authority, the metropolitan council, a district 
        heating authority, a regional commission or other regional 
        government unit, or a combination of these governmental units. 
           Subd. 2.  [PROHIBITED CONDUCT; PENALTY.] Whoever causes 
        damage to the physical property of a critical public service 
        facility, utility, or pipeline with the intent to significantly 
        disrupt the operation of or the provision of services by the 
        facility, utility, or pipeline and without the consent of one 
        authorized to give consent, 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. 
           Subd. 3.  [DETENTION AUTHORITY; IMMUNITY.] An employee or 
        other person designated by a critical public service facility, 
        utility, or pipeline to ensure the provision of services by the 
        critical public service facility or the safe operation of the 
        equipment or facility of the utility or pipeline who has 
        reasonable cause to believe that a person is violating this 
        section may detain the person as provided in this subdivision.  
        The person detained must be promptly informed of the purpose of 
        the detention and may not be subjected to unnecessary or 
        unreasonable force or interrogation.  The employee or other 
        designated person must notify a peace officer promptly of the 
        detention and may only detain the person for a reasonable period 
        of time.  No employee or other designated person is criminally 
        or civilly liable for any detention that the employee or person 
        reasonably believed was authorized by and conducted in 
        conformity with this subdivision. 
           [EFFECTIVE DATE.] This section is effective July 1, 2002, 
        and applies to crimes committed on or after that date. 
           Sec. 17.  Minnesota Statutes 2000, section 609.595, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIMINAL DAMAGE TO PROPERTY IN THE FIRST 
        DEGREE.] Whoever intentionally causes damage to physical 
        property of another without the latter's consent 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:  
           (1) the damage to the property caused a reasonably 
        foreseeable risk of bodily harm; or 
           (2) the property damaged belongs to a public utility or a 
        common carrier and the damage impairs the service to the public 
        rendered by them the carrier; or 
           (3) the damage reduces the value of the property by more 
        than $500 measured by the cost of repair and replacement; or 
           (4) the damage reduces the value of the property by more 
        than $250 measured by the cost of repair and replacement and the 
        defendant has been convicted within the preceding three years of 
        an offense under this subdivision or subdivision 2. 
           In any prosecution under clause (3), the value of any 
        property damaged by the defendant in violation of that clause 
        within any six-month period may be aggregated and the defendant 
        charged accordingly in applying the provisions of this section; 
        provided that when two or more offenses are committed by the 
        same person in two or more counties, the accused may be 
        prosecuted in any county in which one of the offenses was 
        committed for all of the offenses aggregated under this 
        paragraph.  
           [EFFECTIVE DATE.] This section is effective July 1, 2002, 
        and applies to crimes committed on or after that date. 
           Sec. 18.  [609.6055] [TRESPASS ON CRITICAL PUBLIC SERVICE 
        FACILITY; UTILITY; OR PIPELINE.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given. 
           (b) "Critical public service facility" includes buildings 
        and other physical structures, and fenced in or otherwise 
        enclosed property, of railroad yards and stations, bus stations, 
        airports, and other mass transit facilities; oil refineries; and 
        storage areas or facilities for hazardous materials, hazardous 
        substances, or hazardous wastes.  The term also includes 
        nonpublic portions of bridges.  The term does not include 
        railroad tracks extending beyond a critical public service 
        facility. 
           (c) "Pipeline" includes an aboveground pipeline and any 
        equipment, facility, or building located in this state that is 
        used to transport natural or synthetic gas, crude petroleum or 
        petroleum fuels or oil or their derivatives, or hazardous 
        liquids, to or within a distribution, refining, manufacturing, 
        or storage facility that is located inside or outside of this 
        state.  Pipeline does not include service lines. 
           (d) "Utility" includes: 
           (1) any organization defined as a utility in section 
        216C.06, subdivision 5; 
           (2) any telecommunications carrier or telephone company 
        regulated under chapter 237; and 
           (3) any local utility or enterprise formed for the purpose 
        of providing electrical or gas heating and power, telephone, 
        water, sewage, wastewater, or other related utility service, 
        which is owned, controlled, or regulated by a town, a statutory 
        or home rule charter city, a county, a port development 
        authority, the metropolitan council, a district heating 
        authority, a regional commission or other regional government 
        unit, or a combination of these governmental units. 
           The term does not include property located above buried 
        power or telecommunications lines or property located below 
        suspended power or telecommunications lines, unless the property 
        is fenced in or otherwise enclosed. 
           Subd. 2.  [PROHIBITED CONDUCT; PENALTY.] Whoever enters or 
        is found upon property containing a critical public service 
        facility, utility, or pipeline, without claim of right or 
        consent of one who has the right to give consent to be on the 
        property, is guilty of a gross misdemeanor, if: 
           (1) the person refuses to depart from the property on the 
        demand of one who has the right to give consent; 
           (2) within the past six months, the person had been told by 
        one who had the right to give consent to leave the property and 
        not to return, unless a person with the right to give consent 
        has given the person permission to return; or 
           (3) the property is posted. 
           Subd. 3.  [POSTING.] For purposes of this section, a 
        critical public service facility, utility, or pipeline is posted 
        if there are signs that: 
           (1) state "no trespassing" or similar terms; 
           (2) display letters at least two inches high; 
           (3) state that Minnesota law prohibits trespassing on the 
        property; and 
           (4) are posted in a conspicuous place and at intervals of 
        500 feet or less. 
           Subd. 4.  [DETENTION AUTHORITY; IMMUNITY.] An employee or 
        other person designated by a critical public service facility, 
        utility, or pipeline to ensure the provision of services by the 
        critical public service facility or the safe operation of the 
        equipment or facility of the utility or pipeline who has 
        reasonable cause to believe that a person is violating this 
        section may detain the person as provided in this subdivision.  
        The person detained must be promptly informed of the purpose of 
        the detention and may not be subjected to unnecessary or 
        unreasonable force or interrogation.  The employee or other 
        designated person must notify a peace officer promptly of the 
        detention and may only detain the person for a reasonable period 
        of time.  No employee or other designated person is criminally 
        or civilly liable for any detention that the employee or person 
        reasonably believed was authorized by and conducted in 
        conformity with this subdivision. 
           Subd. 5.  [ARREST AUTHORITY.] A peace officer may arrest a 
        person without a warrant if the officer has probable cause to 
        believe the person violated this section within the preceding 
        four hours.  The arrest may be made even though the violation 
        did not occur in the presence of the peace officer. 
           [EFFECTIVE DATE.] This section is effective July 1, 2002, 
        and applies to crimes committed on or after that date. 
           Sec. 19.  [609.712] [REAL AND SIMULATED WEAPONS OF MASS 
        DESTRUCTION.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given. 
           (b) "Biological agent" means any microorganism, virus, 
        infectious substance, or biological product that may be 
        engineered as a result of biotechnology, or any naturally 
        occurring or bioengineered component of a microorganism, virus, 
        infectious substance, or biological product, that is capable of 
        causing: 
           (1) death, disease, or other biological malfunction in a 
        human, an animal, a plant, or another living organism; 
           (2) deterioration of food, water, equipment, supplies, or 
        material of any kind; or 
           (3) deleterious alteration of the environment. 
           (c) "Simulated weapon of mass destruction" means any 
        device, substance, or object that by its design, construction, 
        content, or characteristics, appears to be or to contain, or is 
        represented to be, constitute, or contain, a weapon of mass 
        destruction, but that is, in fact, an inoperative facsimile, 
        imitation, counterfeit, or representation of a weapon of mass 
        destruction that does not meet the definition of a weapon of 
        mass destruction or that does not actually contain or constitute 
        a weapon, biological agent, toxin, vector, or delivery system 
        prohibited by this section. 
           (d) "Toxin" means the toxic material of plants, animals, 
        microorganisms, viruses, fungi, or infectious substances, or a 
        recombinant molecule, whatever its origin or method of 
        production, including: 
           (1) any poisonous substance or biological product that may 
        be engineered as a result of biotechnology or produced by a 
        living organism; or 
           (2) any poisonous isomer or biological product, homolog, or 
        derivative of such a substance. 
           (e) "Vector" means a living organism or molecule, including 
        a recombinant molecule or biological product that may be 
        engineered as a result of biotechnology, capable of carrying a 
        biological agent or toxin to a host. 
           (f) "Weapon of mass destruction" includes weapons, 
        substances, devices, vectors, or delivery systems that: 
           (1) are designed or have the capacity to cause death or 
        great bodily harm to a considerable number of people through the 
        release, dissemination, or impact of toxic or poisonous 
        chemicals, or their precursors, disease organisms, biological 
        agents, or toxins; or 
           (2) are designed to release radiation or radioactivity at a 
        level dangerous to human life. 
           Subd. 2.  [WEAPONS OF MASS DESTRUCTION.] (a) Whoever 
        manufactures, acquires, possesses, or makes readily accessible 
        to another a weapon of mass destruction with the intent to cause 
        injury to another is guilty of a crime and may be sentenced to 
        imprisonment for not more than 20 years or to payment of a fine 
        of not more than $100,000, or both. 
           (b) It is an affirmative defense to criminal liability 
        under this subdivision if the defendant proves by a 
        preponderance of the evidence that the conduct engaged in: 
           (1) was specifically authorized under state or federal law 
        and conducted in accordance with that law; or 
           (2) was part of a legitimate scientific or medical research 
        project, or constituted legitimate medical treatment. 
           Subd. 3.  [PROHIBITED SUBSTANCES.] (a) Whoever knowingly 
        manufactures, acquires, possesses, or makes readily accessible 
        to another the following, or substances that are substantially 
        similar in chemical makeup to the following, in levels dangerous 
        to human life, is guilty of a crime:  
           (1) variola major (smallpox); 
           (2) bacillus anthracis (anthrax); 
           (3) yersinia pestis (plague); 
           (4) botulinum toxin (botulism); 
           (5) francisella tularensis (tularemia); 
           (6) viral hemorrhagic fevers; 
           (7) a mustard agent; 
           (8) lewisite; 
           (9) hydrogen cyanide; 
           (10) GA (tabun); 
           (11) GB (Sarin); 
           (12) GD (Soman); 
           (13) GF (cyclohexymethyl phosphonofluoridate); 
           (14) VX (0-ethyl, supdiisopropylaminomethyl 
        methylphosphonothiolate); 
           (15) radioactive materials; or 
           (16) any combination of the above. 
           (b) A person who violates this subdivision may be sentenced 
        to imprisonment for not more than 20 years or to payment of a 
        fine of not more than $100,000, or both. 
           (c) This subdivision does not apply to conduct: 
           (1) specifically authorized under state or federal law and 
        conducted in accordance with that law; 
           (2) that is part of a legitimate scientific or medical 
        research project; or 
           (3) that constitutes legitimate medical treatment. 
           Subd. 4.  [SIMULATED WEAPONS OF MASS DESTRUCTION; PENALTY.] 
        Whoever manufactures, acquires, possesses, or makes readily 
        accessible to another a simulated weapon of mass destruction 
        with the intent of terrorizing another 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. 
           Subd. 5.  [THREATS INVOLVING REAL OR SIMULATED WEAPONS OF 
        MASS DESTRUCTION.] Whoever does the following with intent to 
        terrorize another or cause evacuation of a place, whether a 
        building or not, or disruption of another's activities, or with 
        reckless disregard of the risk of causing this terror, 
        evacuation, or disruption, 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:  
           (1) displays a weapon of mass destruction or a simulated 
        weapon of mass destruction; 
           (2) threatens to use a weapon of mass destruction; or 
           (3) communicates, whether directly or indirectly, that a 
        weapon of mass destruction is or will be present or introduced 
        at a place or location, or will be used to cause death, disease, 
        or injury to another or to another's property, whether or not 
        the same is in fact present or introduced. 
           Subd. 6.  [CIVIL ACTION TO RECOVER.] A person who violates 
        this section is liable in a civil action brought by: 
           (1) an individual for damages resulting from the violation; 
        and 
           (2) a municipality, the state, or a rescue organization to 
        recover expenses incurred to provide investigative, rescue, 
        medical, or other services for circumstances or injuries which 
        resulted from the violation. 
           [EFFECTIVE DATE.] This section is effective July 1, 2002, 
        and applies to crimes committed on or after that date. 
           Sec. 20.  [609.714] [CRIMES COMMITTED IN FURTHERANCE OF 
        TERRORISM.] 
           Subdivision 1.  [DEFINITION.] As used in this section, a 
        crime is committed to "further terrorism" if the crime is a 
        felony and is a premeditated act involving violence to persons 
        or property that is intended to: 
           (1) terrorize, intimidate, or coerce a considerable number 
        of members of the public in addition to the direct victims of 
        the act; and 
           (2) significantly disrupt or interfere with the lawful 
        exercise, operation, or conduct of government, lawful commerce, 
        or the right of lawful assembly. 
           Subd. 2.  [FURTHERANCE OF TERRORISM; CRIME DESCRIBED; 
        PENALTY.] A person who commits a felony crime to further 
        terrorism is guilty of a crime.  The statutory maximum for the 
        crime is 50 percent longer than the statutory maximum for the 
        underlying crime.  
           [EFFECTIVE DATE.] This section is effective July 1, 2002, 
        and applies to crimes committed on or after that date. 

                                   ARTICLE 2 
                                 APPROPRIATIONS 
        Section 1.  PUBLIC SAFETY 
        Subdivision 1.  Total 
        Appropriation                                        13,000,000
        To the commissioner of public safety 
        for the fiscal year ending June 30, 
        2003. 
        Appropriations made in this section for 
        a specific purpose, but not needed for 
        that purpose, may be used for another 
        antiterrorism purpose identified in 
        this section.  Appropriations in this 
        section are available until June 30, 
        2004. 
        As used in this article, "local 
        response units" include local law 
        enforcement, fire, and ambulance. 
        Subd. 2.  Equipment
        $3,750,000 is for the purchase of 
        terrorism response-related equipment.  
        This amount is for grants to local and 
        state response units for the purchase 
        of personal protection equipment, 
        chemical detection and measurement 
        equipment, and decontamination 
        equipment for first response units.  Up 
        to 1.5 percent of this appropriation 
        may be used for the administration of 
        the grants.  The commissioner shall 
        distribute the grants in accordance 
        with criteria recommended by the 
        homeland security advisory council or 
        its succesor.  Grant applicants must 
        provide a 25 percent match from 
        nonstate funds or in-kind contributions 
        to obtain grant funding.  This is a 
        one-time appropriation. 
        Subd. 3.  Training
        $7,500,000 is for terrorism 
        response-related training.  Of this 
        amount, $177,000 is for additional 
        personnel in the department of public 
        safety's division of emergency 
        management to conduct terrorism 
        preparedness and response-related 
        training and exercises.  Of this 
        amount, $55,000 is for the state's 
        hazardous materials teams and chemical 
        assessment teams for the training of 
        their personnel.  The remainder of the 
        appropriation is for grants to local 
        response units for approved 
        certification and terrorism training.  
        The division shall distribute the 
        grants in accordance with criteria 
        recommended by the homeland security 
        advisory council or its successor.  No 
        portion of this money may be used to 
        supplant current funding for training.  
        This is a one-time appropriation. 
        Subd. 4.  Bomb Disposal Squads 
        $250,000 in fiscal year 2003 is to 
        reimburse bomb disposal units under 
        Minnesota Statutes, section 299C.063.  
        Of this amount, $150,000 is for the 
        purchase of equipment, $60,000 is for 
        response costs, and $40,000 is for 
        training costs.  The department of 
        public safety's division of emergency 
        management shall distribute the funds 
        in accordance with criteria recommended 
        by the homeland security advisory 
        council or its successor.  This is a 
        one-time appropriation. 
        Subd. 5.  Hazardous Materials 
        Emergency Response Teams
        $240,000 is for the conversion of the 
        Rochester, Moorhead, and Duluth 
        chemical assessment teams to 
        combination emergency response/chemical 
        assessment teams.  This is a one-time 
        appropriation. 
        Subd. 6.  Chemical Assessment Teams 
        $105,000 is to provide that up to five 
        members per chemical assessment team 
        are available for response.  This is a 
        one-time appropriation. 
        Subd. 7.  Capitol Security
        $600,000 is to fund increased security 
        for the capitol complex.  The 
        commissioner must use the funds to hire 
        and pay two additional state troopers 
        to patrol the capitol complex 
        year-round and fund overtime for two 
        state troopers to patrol the capitol 
        complex while the legislature is in 
        session.  The commissioner may not use 
        the funds for the governor's security 
        detail.  This is a one-time 
        appropriation. 
        Subd. 8.  800 Megahertz Executive Team 
        Report Update 
        $5,000 is for salaries and expenses 
        related to updating and modifying the 
        800 Megahertz Executive Team Report to 
        2001 Legislature for the statewide, 
        shared trunked radio and communications 
        system.  The 2001 report will include 
        updated project costs and timeline 
        estimates for each implementation phase 
        and will reflect metro and greater 
        Minnesota communication needs.  The 
        commissioner shall submit the updated 
        report to the chairs and ranking 
        minority members of the senate and 
        house of representatives committees and 
        divisions having jurisdiction over 
        criminal justice funding by February 1, 
        2003.  This is a one-time appropriation.
        Subd. 9.  Additional Collection of
        Biological Specimens for DNA Testing
        $150,000 is for the increased costs 
        associated with the additional 
        collection of biological specimens for 
        DNA testing.  This is a one-time 
        appropriation. 
        Subd. 10.  Minnesota Emergency
        Medical Services Regulatory Board 
        $400,000 is for grants to medical 
        resource control centers that have been 
        providing medical direction and 
        coordination on or before January 1, 
        2002.  This is a one-time appropriation.
        Subd. 11.  Reporting 
        By February 1, 2003, and February 1, 
        2004, the commissioner shall report to 
        the chairs and ranking minority members 
        of the house and senate committees 
        having jurisdiction over criminal 
        justice funding and policy on how the 
        funds appropriated in this section were 
        expended.  
        Sec. 2.  ADMINISTRATION                1,781,000      4,244,000
        This appropriation is from the 911 
        emergency telephone service account in 
        the special revenue fund to provide for 
        911 emergency telephone service.  These 
        appropriations are added to the 
        appropriations in Laws 2001, First 
        Special Session chapter 10, article 1, 
        section 12, subdivision 4. 
           Presented to the governor May 20, 2002 
           Signed by the governor May 22, 2002, 1:10 p.m.