Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes