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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 121-S.F.No. 351 
                  An act relating to crime prevention; providing that in 
                  certain cases authorized representatives of entities 
                  possessing a permit to use radio equipment capable of 
                  receiving police emergency transmissions may use and 
                  possess the equipment without a permit; amending 
                  Minnesota Statutes 2002, section 299C.37, subdivisions 
                  1, 3. 
           Section 1.  Minnesota Statutes 2002, section 299C.37, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [USE REGULATED.] (a) No person other than 
        peace officers within the state, the members of the state 
        patrol, and persons who hold an amateur radio license issued by 
        the Federal Communications Commission, shall equip any motor 
        vehicle with any radio equipment or combination of equipment, 
        capable of receiving any radio signal, message, or information 
        from any police emergency frequency, or install, use, or possess 
        the equipment in a motor vehicle without permission from the 
        superintendent of the bureau upon a form prescribed by the 
        superintendent.  An amateur radio license holder is not entitled 
        to exercise the privilege granted by this paragraph if the 
        license holder has been convicted in this state or elsewhere of 
        a crime of violence, as defined in section 624.712, subdivision 
        5, unless ten years have elapsed since the person has been 
        restored to civil rights or the sentence has expired, whichever 
        occurs first, and during that time the person has not been 
        convicted of any other crime of violence.  For purposes of this 
        section, "crime of violence" includes a crime in another state 
        or jurisdiction that would have been a crime of violence if it 
        had been committed in this state.  Radio equipment installed, 
        used, or possessed as permitted by this paragraph must be under 
        the direct control of the license holder whenever it is used.  A 
        person who is designated in writing by the chief law enforcement 
        officer of a political subdivision issued a permit under 
        subdivision 3 may use and possess radio equipment while in the 
        course and scope of duties or employment without also having to 
        obtain an individual permit. 
           (b) Except as provided in paragraph (c), any person who is 
        convicted of a violation of this subdivision shall, upon 
        conviction for the first offense, be guilty of a misdemeanor, 
        and for the second and subsequent offenses shall be guilty of a 
        gross misdemeanor. 
           (c) An amateur radio license holder who exercises the 
        privilege granted by paragraph (a) shall carry the amateur radio 
        license in the motor vehicle at all times and shall present the 
        license to a peace officer on request.  A violation of this 
        paragraph is a petty misdemeanor.  A second or subsequent 
        violation is a misdemeanor. 
           Sec. 2.  Minnesota Statutes 2002, section 299C.37, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PERMIT.] The superintendent of the bureau shall, 
        upon written application, issue a written permit, which shall be 
        nontransferable, to a person, firm, political subdivision, or 
        corporation showing good cause to use radio equipment capable of 
        receiving a police emergency frequency, as a necessity, in the 
        lawful pursuit of a business, trade, or occupation. 
           Presented to the governor May 23, 2003 
           Signed by the governor May 25, 2003, 11:06 p.m.