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                              CHAPTER 8-S.F.No. 7 
                  An act relating to appropriations; appropriating money 
                  for the department of transportation and other 
                  government agencies with certain conditions; 
                  establishing, funding, or regulating certain 
                  transportation, public safety, and criminal justice 
                  prevention policies, programs, duties, activities, or 
                  practices; modifying provisions relating to 
                  transportation, public safety, criminal justice, the 
                  judiciary, law enforcement, corrections, crime 
                  victims, controlled substances, criMNet, racial 
                  profiling, predatory offender registration, domestic 
                  violence, driving while impaired, streets and 
                  highways, design-build construction, motor vehicles, 
                  traffic regulations, local governments, and state and 
                  regional agencies and authorities; requiring studies 
                  and reports; making technical, conforming, and 
                  clarifying changes; imposing penalties; setting fines, 
                  surcharges, and fees; amending Minnesota Statutes 
                  2000, sections 2.722, subdivision 1; 2.724, 
                  subdivision 3; 13.87, by adding a subdivision; 
                  16A.641, subdivision 8; 16B.54, subdivision 2; 16C.05, 
                  subdivision 2; 16C.06, subdivisions 1, 2; 117.51; 
                  152.02, subdivision 2; 152.022, subdivision 1; 
                  152.023, subdivision 2; 161.082, subdivision 2a; 
                  161.14, by adding a subdivision; 161.23, subdivision 
                  3; 161.32, subdivisions 1, 1a, 1b, 1e; 162.06, 
                  subdivision 3; 162.12, subdivision 3; 167.51, 
                  subdivision 2; 168.011, subdivision 7; 168.012, 
                  subdivision 1; 168.013, subdivision 1d; 168.09, 
                  subdivision 7; 168.12, subdivision 1; 168.1291, 
                  subdivision 1; 168.27, subdivisions 12a, 20; 168.33, 
                  subdivision 7; 168.381; 169.09, subdivisions 8, 9, 10; 
                  169.18, subdivision 1, by adding a subdivision; 
                  169.67, subdivision 3; 169.79; 169A.03, subdivision 
                  12; 169A.07; 169A.20, subdivision 3; 169A.25; 169A.26; 
                  169A.27; 169A.275; 169A.277, subdivision 2; 169A.28, 
                  subdivision 2; 169A.283, subdivision 1; 169A.35, 
                  subdivision 1, by adding a subdivision; 169A.37, 
                  subdivision 1; 169A.40, subdivision 3; 169A.41, 
                  subdivision 2; 169A.51, subdivision 7; 169A.54, 
                  subdivision 6; 169A.60, subdivisions 1, 13, 14; 
                  169A.63, subdivisions 1, 10; 171.07, subdivision 1; 
                  171.09; 171.183, subdivision 1; 171.29, subdivision 2; 
                  171.39; 174.24, subdivision 3b; 174.35; 174.55, 
                  subdivisions 4, 5; 174.70, subdivisions 2, 3; 174.88, 
                  subdivision 2; 222.63, subdivision 4; 237.04; 243.166, 
                  subdivisions 1, 3, 4a, 6; 243.167, subdivision 1; 
                  296A.18, subdivision 3; 297A.70, subdivision 2, as 
                  amended; 297B.09, subdivision 1; 299A.01, subdivision 
                  1b; 299A.41, subdivision 4; 299A.64, subdivision 1; 
                  299A.75, subdivision 1, by adding subdivisions; 
                  299C.10, subdivision 1; 299C.11; 299C.147, subdivision 
                  2; 299C.65, subdivisions 1, 2; 299F.058, subdivision 
                  2; 343.20, by adding subdivisions; 343.21, 
                  subdivisions 9, 10, by adding a subdivision; 343.235, 
                  subdivisions 1, 3; 347.50, subdivision 1, by adding a 
                  subdivision; 347.51, subdivisions 2, 9, by adding a 
                  subdivision; 347.52; 347.55; 357.021, subdivisions 6, 
                  7; 446A.085; 466.03, by adding a subdivision; 473.13, 
                  by adding a subdivision; 473.146, subdivision 4; 
                  473.399, by adding a subdivision; 473.859, subdivision 
                  2; 480.182; 518B.01, subdivisions 2, 3, 6, 14, 18; 
                  609.02, by adding a subdivision; 609.035, subdivision 
                  2; 609.117; 609.224, subdivisions 2, 4; 609.2242, 
                  subdivisions 2, 4; 609.2244, subdivision 2; 609.487, 
                  subdivision 4; 609.495, subdivisions 1, 3; 609.521; 
                  609.748, subdivisions 6, 8; 609.749, subdivisions 4, 
                  5; 611.272; 611A.201, subdivision 2; 611A.25, 
                  subdivision 3; 611A.361, subdivision 3; 611A.74, 
                  subdivision 1; 617.247, subdivision 3, as amended; 
                  626.52, by adding a subdivision; 629.471, subdivision 
                  2; 629.72; Laws 1996, chapter 408, article 2, section 
                  16; Laws 1997, chapter 159, article 2, section 4; Laws 
                  1999, chapter 238, article 1, section 2, subdivision 
                  7; Laws 2000, chapter 479, article 1, section 3, 
                  subdivision 3; Laws 2000, chapter 490, article 7, 
                  section 3; Laws 2001, chapter 161, section 58; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 161; 167; 168A; 169A; 174; 219; 299A; 299C; 
                  347; 473; 518B; 609; 626; repealing Minnesota Statutes 
                  2000, sections 174.22, subdivision 9; 243.166, 
                  subdivision 10; 347.51, subdivision 6; 609.2244, 
                  subdivision 4; 626.55, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                       TRANSPORTATION AND OTHER AGENCIES
                                 APPROPRIATIONS
        Section 1.  [TRANSPORTATION AND OTHER AGENCIES APPROPRIATIONS.] 
           The sums shown in the columns marked "APPROPRIATIONS" are 
        appropriated from the general fund, or another named fund, to 
        the agencies and for the purposes specified in this article, to 
        be available for the fiscal years indicated for each purpose.  
        The figures "2001," "2002," and "2003," where used in this 
        article, mean that the appropriations listed under them are 
        available for the year ending June 30, 2002, or June 30, 2003, 
        respectively.  If the figures are not used, the appropriations 
        are available for the year ending June 30, 2002, or June 30, 
        2003, respectively.  The term "first year" means the year ending 
        June 30, 2002, and the term "second year" means the year ending 
        June 30, 2003. 
                                SUMMARY BY FUND
                     2001       2002          2003           TOTAL
        General  $13,725,000 $ 98,398,000   $ 98,680,000   $210,803,000
        Airports               20,807,000     20,548,000     41,355,000 
        C.S.A.H.              405,330,000    418,113,000    823,443,000 
        Highway 
        User         875,000   11,753,000     11,386,000     24,014,000 
        M.S.A.S.              106,469,000    109,827,000    216,296,000 
        Special Revenue           979,000        994,000      1,973,000 
        Trunk 
        Highway    445,000  1,130,974,000  1,140,591,000  2,272,010,000 
        TOTAL  $15,045,000 $1,774,710,000 $1,800,139,000 $3,589,894,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                  2001          2002           2003 
        Sec. 2.  TRANSPORTATION 
        Subdivision 1.  Total 
        Appropriation         $ 2,000,000 $1,592,195,000 $1,614,393,000
        The appropriations in this section are 
        from the trunk highway fund, except 
        when another fund is named. 
                      Summary by Fund
                 2001          2002          2003   
        General
                2,000,000    18,507,000    18,533,000
        Airports             20,757,000    20,498,000
        C.S.A.H.            405,330,000   418,113,000
        M.S.A.S.            106,469,000   109,827,000
        Trunk Highway     1,041,132,000 1,047,422,000
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Aeronautics                 20,748,000     20,489,000
                      Summary by Fund
        Airports            20,687,000     20,428,000
        General                 50,000         50,000
        Trunk Highway           11,000         11,000
        Except as otherwise provided, the 
        appropriations in this subdivision are 
        from the state airports fund. 
        The amounts that may be spent from this 
        appropriation for each activity are as 
        follows:  
        (a) Airport Development and Assistance 
            14,298,000     14,298,000
        These appropriations must be spent 
        according to Minnesota Statutes, 
        section 360.305, subdivision 4. 
        If the appropriation for either year is 
        insufficient, the appropriation for the 
        other year is available for it. 
        (b) Aviation Support 
             6,315,000      6,053,000
        $65,000 the first year and $65,000 the 
        second year are for the civil air 
        patrol. 
        $600,000 each year is for GPS 
        navigation systems.  Of this amount, 
        $250,000 each year adds to the agency's 
        budget base. 
        $400,000 the first year and $50,000 the 
        second year are for the development of 
        on-line aircraft registration 
        capabilities. 
        (c) Air Transportation Services 
               135,000        138,000 
                      Summary by Fund
        Airports                 74,000         77,000
        General                  50,000         50,000
        Trunk Highway            11,000         11,000
        The commissioner shall take all 
        feasible actions to seek a waiver from 
        the appropriate federal authorities 
        that would allow the commissioner to 
        sell the airplane described in Laws 
        1997, chapter 159, article 1, section 
        2, subdivision 2, clause (c).  Any 
        proceeds from the sale of the airplane 
        must be deposited in the general fund. 
        Subd. 3.  Transit                    18,339,000     18,360,000
                      Summary by Fund
        General              17,999,000     18,012,000
        Trunk Highway           340,000        348,000
        The amounts that may be spent from this 
        appropriation for each activity are as 
        follows:  
        (a) Greater Minnesota Transit
        Assistance 
            17,501,000    17,501,000
        This appropriation is from the general 
        fund.  Any unencumbered balance the 
        first year does not cancel but is 
        available for the second year.  
        (b) Transit Administration   
               838,000       859,000
                      Summary by Fund
        General                 498,000       511,000
        Trunk Highway           340,000       348,000
        Subd. 4.  Railroads and
        Waterways               2,000,000      1,758,000      1,804,000
                      Summary by Fund
        General   2,000,000       273,000       280,000
        Trunk Highway           1,485,000     1,524,000 
        $1,000,000 is appropriated in fiscal 
        year 2001 for the purposes defined 
        under the rail service improvement 
        program under Minnesota Statutes, 
        sections 222.46 to 222.63.  This 
        appropriation is available until spent. 
        $1,000,000 is appropriated in fiscal 
        year 2001 for port development 
        assistance grants under Minnesota 
        Statutes, chapter 457A.  Any 
        improvement made with the proceeds of 
        these grants must be owned by a public 
        body.  This appropriation is available 
        until spent. 
        Subd. 5.  Motor Carrier Regulation   4,024,000      4,123,000
                      Summary by Fund
        General                 122,000       126,000
        Trunk Highway         3,902,000     3,997,000
        $500,000 each year is for commercial 
        vehicle information systems.  Of this 
        amount, $325,000 adds to the agency's 
        budget base. 
        Subd. 6.  Local Roads              511,799,000    527,940,000
                      Summary by Fund
        C.S.A.H.            405,330,000   418,113,000
        M.S.A.S.            106,469,000   109,827,000
        The amounts that may be spent from this 
        appropriation for each activity are as 
        follows:  
        (a) County State Aids 
           405,330,000    418,113,000
        This appropriation is from the county 
        state-aid highway fund and is available 
        until spent.  
        (b) Municipal State Aids 
           106,469,000    109,827,000
        This appropriation is from the 
        municipal state-aid street fund and is 
        available until spent.  
        If an appropriation for either county 
        state aids or municipal state aids does 
        not exhaust the balance in the fund 
        from which it is made in the year for 
        which it is made, the commissioner of 
        finance, upon request of the 
        commissioner of transportation, shall 
        notify the chair of the transportation 
        finance committee of the house of 
        representatives and the chair of the 
        transportation budget division of the 
        senate of the amount of the remainder 
        and shall then add that amount to the 
        appropriation.  The amount added is 
        appropriated for the purposes of county 
        state aids or municipal state aids, as 
        appropriate.  
        (c) Study of Local Road 
        Program 
        (1) The commissioner shall conduct a 
        study of alternative methods of 
        establishing a local road improvement 
        program for distributing appropriations 
        made for local road improvements. 
        (2) In conducting the study, the 
        commissioner shall consider the 
        feasibility and desirability of: 
        (i) distributing money by formula among 
        counties and cities; and 
        (ii) distributing money to counties and 
        cities on a competitive-grant basis. 
        (3) In conducting the study, the 
        commissioner shall prepare and analyze 
        alternative methods of distributing 
        money that do not involve the existing 
        program framework of the county 
        state-aid highway system or municipal 
        state-aid street system, although 
        streets and highways on state-aid 
        systems may be included in any 
        alternative included in the study. 
        (4) As part of the study, the 
        commissioner shall consult with 
        representatives of local government, 
        city and county highway engineers, and 
        highway users.  The commissioner shall 
        report the results of the study to the 
        governor and legislature by February 
        15, 2002. 
        Subd. 7.  State Roads                975,975,000    988,878,000
                      Summary by Fund
        General                  9,000          9,000
        Trunk Highway      975,966,000    988,869,000
        The amounts that may be spent from this 
        appropriation for each activity are as 
        follows:  
        (a) State Road Construction 
           564,707,000    564,707,000
        It is estimated that these 
        appropriations will be funded as 
        follows:  
        Federal Highway Aid 
           275,000,000    300,000,000
        Highway User Taxes 
           289,707,000    264,707,000
        The commissioner of transportation 
        shall notify the chair of the 
        transportation budget division of the 
        senate and chair of the transportation 
        finance committee of the house of 
        representatives quarterly of any events 
        that should cause these estimates to 
        change. 
        This appropriation is for the actual 
        construction, reconstruction, and 
        improvement of trunk highways.  This 
        includes the cost of actual payment to 
        landowners for lands acquired for 
        highway rights-of-way, payment to 
        lessees, interest subsidies, and 
        relocation expenses. 
        The commissioner may transfer up to 
        $15,000,000 each year to the 
        transportation revolving loan fund. 
        The commissioner may receive money 
        covering other shares of the cost of 
        partnership projects.  These receipts 
        are appropriated to the commissioner 
        for these projects. 
        $1,000,000 the first year and 
        $1,000,000 the second year are for 
        trunk highway advantages to bus transit 
        in conjunction with highway 
        construction or reconstruction projects 
        in the commissioner's statewide 
        transportation improvement program.  
        For purposes of this appropriation, 
        "advantages to transit" includes 
        shoulder bus lanes, bus park-and-ride 
        facilities, and bus passenger waiting 
        facilities, but does not include (1) 
        any facility relating to light rail 
        transit or commuter rail or (2) bus 
        facilities or operating costs in a 
        light rail transit or commuter rail 
        corridor. 
        $5,000,000 the first year and 
        $5,000,000 the second year are for 
        acquisition of right-of-way for trunk 
        highway construction and reconstruction 
        projects in advance of final design 
        work for those projects. 
        The commissioner may not spend any 
        money from the trunk highway fund to 
        pay the operating costs of bus service 
        intended solely or primarily to 
        mitigate the effects of trunk highway 
        construction projects. 
        Until July 1, 2002, the commissioner 
        may not cancel, or remove from the 
        commissioner's statewide transportation 
        improvement program, the trunk highway 
        project that would construct a new 
        bridge across the St. Croix river at or 
        near the terminus of marked trunk 
        highway No. 36. 
        (b) Highway Debt Service 
            19,235,000     24,228,000
        $9,235,000 the first year and 
        $14,228,000 the second year are for 
        transfer to the state bond fund. 
        If this appropriation is insufficient 
        to make all transfers required in the 
        year for which it is made, the 
        commissioner of finance shall notify 
        the committee on state government 
        finance of the senate and the committee 
        on ways and means of the house of 
        representatives of the amount of the 
        deficiency and shall then transfer that 
        amount under the statutory open 
        appropriation.  
        Any excess appropriation must be 
        canceled to the trunk highway fund. 
        (c) Research and Investment Management 
            12,187,000     12,211,000
        $600,000 the first year and $600,000 
        the second year are available for 
        grants for transportation studies 
        outside the metropolitan area to 
        identify critical concerns, problems, 
        and issues.  These grants are available 
        to (1) regional development 
        commissions, and (2) in regions where 
        no regional development commission is 
        functioning, joint powers boards 
        established under agreement of two or 
        more political subdivisions in the 
        region to exercise the planning 
        functions of a regional development 
        commission, and (3) in regions where no 
        regional development commission or 
        joint powers board is functioning, the 
        department's district office for that 
        region. 
        $266,000 the first year and $266,000 
        the second year are available for 
        grants to metropolitan planning 
        organizations outside the seven-county 
        metropolitan area, including the 
        Mankato area. 
        $200,000 the first year is for an 
        update of the statewide transportation 
        plan.  This is a onetime appropriation 
        and may not be added to the agency's 
        budget base. 
        $75,000 the first year and $75,000 the 
        second year are for a transportation 
        research contingent account to finance 
        research projects that are reimbursable 
        from the federal government or from 
        other sources.  If the appropriation 
        for either year is insufficient, the 
        appropriation for the other year is 
        available for it. 
        $100,000 in the first year is for a 
        study of the feasibility and 
        desirability of allowing all vehicles 
        to use lanes on marked interstate 
        highways No. 394 and No. 35W presently 
        restricted to high-occupancy vehicles 
        only.  The commissioner shall determine 
        a time during which such use shall be 
        allowed, and take all necessary steps 
        to permit such use for the period of 
        the study.  The commissioner shall 
        contract with an independent consultant 
        to study the effects of opening the 
        lanes to all vehicles on traffic flow, 
        traffic congestion, transit and 
        high-occupancy vehicle use, and highway 
        safety on interstate highways No. 394 
        and No. 35W and other affected 
        highways.  The commissioner shall 
        report to the legislature on the 
        results of the study by February 1, 
        2002.  The commissioner shall take no 
        actions with respect to this study that 
        would result in a loss of federal funds 
        to the state or significant delay to a 
        state or local transportation project 
        financed partly with federal funds. 
        (d) Central Engineering Services
            65,031,000     66,338,000
        (e) Design and Construction Engineering
            89,335,000     91,046,000
        $500,000 the first year is for 
        planning, environmental studies, and 
        preliminary engineering for major river 
        crossings, other than rail, on the 
        trunk highway system.  
        (f) State Road Operations
           219,863,000    224,602,000
        $2,750,000 the first year and 
        $2,750,000 the second year are for 
        facilities' maintenance. 
        $2,000,000 the first year and 
        $2,000,000 the second year are for 
        improved highway striping. 
        $3,000,000 the first year and 
        $3,000,000 the second year are for road 
        equipment and fabrication of auxiliary 
        equipment for snowplow trucks. 
        $875,000 the first year and $875,000 
        the second year are to support highway 
        signal and lighting maintenance 
        activities. 
        The commissioner shall spend all money 
        available to the department of 
        transportation under Public Law Number 
        105-206, section 164 (repeat offender 
        transfer program), for hazard 
        elimination activities under United 
        States Code, title 23, section 152, and 
        shall not transfer any part of these 
        funds to any other agency. 
        (g) Electronic Communications
             5,617,000      5,746,000
                      Summary by Fund
        General                   9,000         9,000
        Trunk Highway         5,608,000     5,737,000
        $9,000 the first year and $9,000 the 
        second year are from the general fund 
        for equipment and operation of the 
        Roosevelt signal tower for Lake of the 
        Woods weather broadcasting. 
        Subd. 8.  General Support             51,836,000     52,799,000
                      Summary by Fund
        General                  54,000        56,000
        Airports                 70,000        70,000 
        Trunk Highway        51,712,000    52,673,000
        The amounts that may be spent from this 
        appropriation for each activity are as 
        follows:  
        (a) General Management       
            39,148,000     39,865,000
        $6,600,000 each year is for 
        preservation and improvement of the 
        agency's information technology 
        infrastructure. 
        (b) General Services
            12,688,000     12,934,000
                      Summary by Fund
        General                  54,000        56,000
        Airports                 70,000        70,000 
        Trunk Highway        12,564,000    12,808,000 
        If the appropriation for either year is 
        insufficient, the appropriation for the 
        other year is available for it.  
        $1,000,000 each year is for information 
        technology development activities.  
        This appropriation adds to the agency 
        budget base. 
        Subd. 9.  Buildings                    7,716,000     -0-    
        This appropriation is available until 
        June 30, 2003. 
        Subd. 10.  Transfers
        (a) The commissioner of transportation 
        with the approval of the commissioner 
        of finance may transfer unencumbered 
        balances among the appropriations from 
        the trunk highway fund and the state 
        airports fund made in this section.  No 
        transfer may be made from the 
        appropriation for state road 
        construction.  No transfer may be made 
        from the appropriations for debt 
        service to any other appropriation.  
        Transfers under this paragraph may not 
        be made between funds.  Transfers must 
        be reported immediately to the chair of 
        the transportation budget division of 
        the senate and the chair of the 
        transportation finance committee of the 
        house of representatives.  
        (b) The commissioner of finance shall 
        transfer from the flexible account in 
        the county state-aid highway fund 
        $6,400,000 the first year and 
        $2,400,000 the second year to the 
        municipal turnback account in the 
        municipal state-aid street fund, and 
        the remainder in each year to the 
        county turnback account in the county 
        state-aid highway fund. 
        Subd. 11.  Use of State Road 
        Construction Appropriations 
        Any money appropriated to the 
        commissioner of transportation for 
        state road construction for any fiscal 
        year before fiscal year 2001 is 
        available to the commissioner during 
        fiscal years 2002 and 2003 to the 
        extent that the commissioner spends the 
        money on the state road construction 
        project for which the money was 
        originally encumbered during the fiscal 
        year for which it was appropriated. 
        The commissioner of transportation 
        shall report to the commissioner of 
        finance by August 1, 2001, and August 
        1, 2002, on a form the commissioner of 
        finance provides, on expenditures made 
        during the previous fiscal year that 
        are authorized by this subdivision. 
        Subd. 12.  Contingent Appropriation 
        The commissioner of transportation, 
        with the approval of the governor after 
        consultation with the legislative 
        advisory commission under Minnesota 
        Statutes, section 3.30, may transfer 
        all or part of the unappropriated 
        balance in the trunk highway fund to an 
        appropriation (1) for trunk highway 
        design, construction, or inspection in 
        order to take advantage of an 
        unanticipated receipt of income to the 
        trunk highway fund, (2) for trunk 
        highway maintenance in order to meet an 
        emergency, or (3) to pay tort or 
        environmental claims.  The amount 
        transferred is appropriated for the 
        purpose of the account to which it is 
        transferred. 
        Sec. 3.  METROPOLITAN COUNCIL  
        TRANSIT                               68,101,000     68,101,000
        The council may not spend more than 
        $42,200,000 for metro mobility in the 
        2002-2003 fiscal biennium except for 
        proceeds from bond sales when use of 
        those proceeds for metro mobility 
        capital expenditures is authorized by 
        law. 
        The agency's budget base for fiscal 
        years 2004 and 2005 is $65,601,000 each 
        year. 
        Sec. 4.  PUBLIC SAFETY
        Subdivision 1.  Total       
        Appropriation           1,320,000    113,439,000    116,670,000 
                      Summary by Fund
        General              11,790,000     12,046,000
        Trunk
        Highway   445,000    89,042,000     92,369,000
        Highway
        User      875,000    11,628,000     11,261,000
        Special 
        Revenue                 979,000        994,000
        Subd. 2.  Administration 
        and Related Services                  13,169,000     13,365,000
                      Summary by Fund
        General               4,578,000      4,603,000
        Trunk Highway         7,206,000      7,377,000
        Highway User          1,385,000      1,385,000
        (a) Office of Communications
               390,000        398,000
                      Summary by Fund
        General                  20,000        20,000
        Trunk Highway           370,000       378,000
        (b) Public Safety Support
             7,903,000      7,995,000
                      Summary by Fund
        General               3,086,000      3,087,000
        Trunk Highway         3,451,000      3,542,000
        Highway User          1,366,000      1,366,000
        $326,000 the first year and $326,000 
        the second year are for payment of 
        public safety officer survivor benefits 
        under Minnesota Statutes, section 
        299A.44.  If the appropriation for 
        either year is insufficient, the 
        appropriation for the other year is 
        available for it. 
        $314,000 the first year and $314,000 
        the second year are to be deposited in 
        the public safety officer's benefit 
        account.  This money is available for 
        reimbursements under Minnesota 
        Statutes, section 299A.465. 
        $508,000 the first year and $508,000 
        the second year are for soft body armor 
        reimbursements under Minnesota 
        Statutes, section 299A.38.  
        $1,830,000 the first year and 
        $1,830,000 the second year are 
        appropriated from the general fund for 
        transfer by the commissioner of finance 
        to the trunk highway fund on December 
        31, 2001, and December 31, 2002, 
        respectively, in order to reimburse the 
        trunk highway fund for expenses not 
        related to the fund.  These represent 
        amounts appropriated out of the trunk 
        highway fund for general fund purposes 
        in the administration and related 
        services program. 
        $610,000 the first year and $610,000 
        the second year are appropriated from 
        the highway user tax distribution fund 
        for transfer by the commissioner of 
        finance to the trunk highway fund on 
        December 31, 2001, and December 31, 
        2002, respectively, in order to 
        reimburse the trunk highway fund for 
        expenses not related to the fund.  
        These represent amounts appropriated 
        out of the trunk highway fund for 
        highway user tax distribution fund 
        purposes in the administration and 
        related services program. 
        $716,000 the first year and $716,000 
        the second year are appropriated from 
        the highway user tax distribution fund 
        for transfer by the commissioner of 
        finance to the general fund on December 
        31, 2001, and December 31, 2002, 
        respectively, in order to reimburse the 
        general fund for expenses not related 
        to the fund.  These represent amounts 
        appropriated out of the general fund 
        for operation of the criminal justice 
        data network related to driver and 
        motor vehicle licensing. 
        (c) Technical Support Services
             4,876,000       4,972,000
                      Summary by Fund
        General               1,472,000      1,496,000
        Trunk Highway         3,385,000      3,457,000
        Highway User             19,000         19,000
        Subd. 3.  State Patrol                60,717,000     64,195,000
                      Summary by Fund
        General               3,354,000      3,447,000
        Trunk Highway        57,071,000     60,456,000
        Highway User            292,000        292,000
        (a) Patrolling Highways
             50,905,000     54,111,000
                      Summary by Fund
        General                  37,000        37,000
        Trunk Highway        50,776,000    53,982,000
        Highway User             92,000        92,000
        Of this appropriation, $1,212,000 the 
        first year and $3,082,000 the second 
        year from the trunk highway fund are 
        for 65 new patrol positions and the 
        recruit training academy. 
        (b) Commercial Vehicle Enforcement
             6,295,000      6,474,000
        This appropriation is from the trunk 
        highway fund. 
        (c) Capitol Security
             3,517,000      3,610,000
                      Summary by Fund
        General               3,317,000     3,410,000
        Highway User            200,000       200,000
        The commissioner may not (1) spend any 
        money from the trunk highway fund for 
        capital security, or (2) permanently 
        transfer any state trooper from the 
        patrolling highways activity to capitol 
        security. 
        The commissioner may not transfer any 
        money appropriated for department of 
        public safety administration, the 
        patrolling of highways, commercial 
        vehicle enforcement, or driver and 
        vehicle services to capitol security. 
        The budget base for this activity for 
        the 2004-2005 biennium is $3,610,000 
        each year from the general fund. 
        Subd. 4.  Driver and
        Vehicle Services        1,320,000     38,257,000     37,792,000
                      Summary by Fund
        General               3,858,000      3,996,000
        Trunk
        Highway   445,000    24,448,000    24,212,000 
        Highway
        User      875,000     9,951,000     9,584,000 
        (a) Vehicle Registration 
        and Title
           875,000    13,754,000    13,524,000
                      Summary by Fund
        General               3,803,000     3,940,000
        Highway
        User      875,000     9,951,000     9,584,000
        $875,000 from the highway user fund is 
        added to the appropriation for fiscal 
        year 2001 in Laws 1999, chapter 238, 
        article 1, section 4, subdivision 4a, 
        for increased license plate costs, and 
        is available until June 30, 2003. 
        The commissioner shall conduct a study 
        of the effect of increased 
        authorization and use of special 
        license plates on (1) department of 
        public safety costs and revenues, and 
        (2) law enforcement and public safety.  
        The commissioner shall report to the 
        legislature by February 1, 2002, on the 
        results of the study. 
        (b) Licensing Drivers 
           445,000    24,503,000    24,268,000
                      Summary by Fund
        General                  55,000        56,000
        Trunk
        Highway   445,000    24,448,000    24,212,000
        $800,000 the first year is for 
        unanticipated costs relating to the 
        production of drivers' licenses.  This 
        appropriation is from the trunk highway 
        fund.  The commissioner may spend money 
        from this appropriation only after 
        obtaining approval from the 
        commissioner of finance and notifying 
        the chair of the transportation budget 
        division of the senate and the chair of 
        the transportation finance committee of 
        the house of representatives.  This 
        appropriation is available until June 
        30, 2003. 
        $445,000 from the trunk highway fund is 
        added to the appropriation for fiscal 
        year 2001 in Laws 1999, chapter 238, 
        article 1, section 4, subdivision 4c, 
        for increased driver's license card 
        production costs, and is available 
        until June 30, 2003. 
        Subd. 5.  Traffic Safety                 317,000        324,000
        This appropriation is from the trunk 
        highway fund. 
        Subd. 6.  Pipeline Safety                979,000        994,000
        This appropriation is from the pipeline 
        safety account in the special revenue 
        fund. 
        Sec. 5.  GENERAL CONTINGENT 
        ACCOUNTS                                 375,000       375,000
                      Summary by Fund
        Trunk Highway           200,000       200,000
        Highway User            125,000       125,000
        Airports                 50,000        50,000
        The appropriations in this section may 
        only be spent with the approval of the 
        governor after consultation with the 
        legislative advisory commission 
        pursuant to Minnesota Statutes, section 
        3.30. 
        If an appropriation in this section for 
        either year is insufficient, the 
        appropriation for the other year is 
        available for it.  
        Sec. 6.  TORT CLAIMS                     600,000       600,000
        To be spent by the commissioner of 
        finance.  
        This appropriation is from the trunk 
        highway fund. 
        If the appropriation for either year is 
        insufficient, the appropriation for the 
        other year is available for it. 
           Sec. 7.  [OFFICE OF PIPELINE SAFETY ASSESSMENTS.] 
           Assessments by the office of pipeline safety under 
        Minnesota Statutes, sections 299F.631 and 299J.12, for purposes 
        of section 4, subdivision 6, are deemed approved under Minnesota 
        Statutes, section 16A.1283. 
           Sec. 8.  [DEPARTMENT OF TRANSPORTATION DISTRICT 1 
        CONSTRUCTION BUDGET.] 
           The commissioner of transportation shall reduce the 
        construction budget of the department of transportation 
        construction district 1 by $35,000,000 over the period from 
        fiscal year 2003 through fiscal year 2007, in order to repay the 
        advance of highway construction funds in fiscal years 2001 and 
        2002.  The reduction in each year of the period must equal the 
        cost of trunk highway construction projects that were originally 
        scheduled to be constructed during that year that were 
        constructed in fiscal year 2001 or 2002 instead. 
           Sec. 9.  [IMPLEMENTATION OF 2001 LEGISLATION.] 
           In meeting the requirements of article 1, section 2, 
        subdivision 22, clause (2), of a law enacted at the 2001 First 
        Special Session and styled as House File No. 1, the commissioner 
        of finance shall also give effect to other legislation enacted 
        at the 2001 regular session and First Special Session that 
        affects the projected unrestricted general budgetary balance on 
        June 30, 2001. 
           Sec. 10.  Laws 1999, chapter 238, article 1, section 2, 
        subdivision 7, is amended to read: 
        Subd. 7.  State Roads                912,625,000    923,769,000
                      Summary by Fund
        General                 59,000          9,000
        Trunk Highway      912,566,000    923,760,000
        The amounts that may be spent from this 
        appropriation for each activity are as 
        follows:  
        (a) State Road Construction 
           516,684,000    521,707,000
        It is estimated that these 
        appropriations will be funded as 
        follows:  
        Federal Highway Aid 
           275,000,000    275,000,000
        Highway User Taxes 
           241,684,000    246,707,000
        The commissioner of transportation 
        shall notify the chair of the 
        transportation budget division of the 
        senate and chair of the transportation 
        finance committee of the house of 
        representatives quarterly of any events 
        that should cause these estimates to 
        change. 
        This appropriation is for the actual 
        construction, reconstruction, and 
        improvement of trunk highways.  This 
        includes the cost of actual payment to 
        landowners for lands acquired for 
        highway rights-of-way, payment to 
        lessees, interest subsidies, and 
        relocation expenses. 
        The commissioner may transfer up to 
        $15,000,000 each year to the trunk 
        highway revolving loan account. 
        The commissioner may receive money 
        covering other shares of the cost of 
        partnership projects.  These receipts 
        are appropriated to the commissioner 
        for these projects. 
        (b) Highway Debt Service 
            13,949,000     13,175,000
        $3,949,000 the first year and 
        $3,175,000 the second year are for 
        transfer to the state bond fund. 
        If this appropriation is insufficient 
        to make all transfers required in the 
        year for which it is made, the 
        commissioner of finance shall notify 
        the committee on state government 
        finance of the senate and the committee 
        on ways and means of the house of 
        representatives of the amount of the 
        deficiency and shall then transfer that 
        amount under the statutory open 
        appropriation.  
        Any excess appropriation must be 
        canceled to the trunk highway fund. 
        (c) Research and Investment Management 
            12,450,000     12,597,000
        $600,000 the first year and $600,000 
        the second year are available for 
        grants for transportation studies 
        outside the metropolitan area to 
        identify critical concerns, problems, 
        and issues.  These grants are available 
        to (1) regional development 
        commissions, and (2) in regions where 
        no regional development commission is 
        functioning, joint powers boards 
        established under agreement of two or 
        more political subdivisions in the 
        region to exercise the planning 
        functions of a regional development 
        commission, and (3) in regions where no 
        regional development commission or 
        joint powers board is functioning, the 
        department's district office for that 
        region. 
        $216,000 the first year and $216,000 
        the second year are available for 
        grants to metropolitan planning 
        organizations outside the seven-county 
        metropolitan area. 
        $75,000 the first year and $25,000 the 
        second year are for transportation 
        planning relating to the 2000 census.  
        This appropriation may not be added to 
        the agency's budget base. 
        $75,000 the first year and $75,000 the 
        second year are for a transportation 
        research contingent account to finance 
        research projects that are reimbursable 
        from the federal government or from 
        other sources.  If the appropriation 
        for either year is insufficient, the 
        appropriation for the other year is 
        available for it. 
        (d) Central Engineering Services
            68,563,000     70,940,000
        (e) Design and Construction Engineering
            80,592,000     83,246,000
        $1,000,000 the first year and $500,000 
        the second year are for transportation 
        planning relating to the 2000 census.  
        This appropriation may not be added to 
        the agency's budget base. 
        (f) State Road Operations
           214,703,000 216,561,000 
        $1,000,000 each year are for 
        enhancements to the freeway operations 
        program in the metropolitan area. 
        $1,000,000 the first year and 
        $1,000,000 the second year are for 
        maintenance services including rest 
        area maintenance, vehicle insurance, 
        ditch assessments, and tort claims. 
        $3,000,000 the first year and 
        $1,000,000 the second year are for 
        improved highway striping. 
        $500,000 the first year and $500,000 
        the second year are for safety 
        technology applications. 
        $150,000 the first year and $150,000 
        the second year are for statewide asset 
        preservation and repair. 
        $750,000 the first year and $750,000 
        the second year are for the 
        implementation of the transportation 
        worker concept. 
        The commissioner shall establish a task 
        force to study seasonal road 
        restrictions and report to the 
        legislature its findings and any 
        recommendations for legislative 
        action.  The commissioner shall appoint 
        members representing: 
        (1) aggregate and ready-mix producers; 
        (2) solid waste haulers; 
        (3) liquid waste haulers; 
        (4) the logging industry; 
        (5) the construction industry; and 
        (6) agricultural interests. 
        The task force shall report to the 
        legislature by February 1, 2000, on its 
        findings and recommendations. 
        (g) Electronic Communications
             5,684,000      5,543,000
                      Summary by Fund
        General                  59,000         9,000
        Trunk Highway         5,625,000     5,534,000
        $9,000 the first year and $9,000 the 
        second year are from the general fund 
        for equipment and operation of the 
        Roosevelt signal tower for Lake of the 
        Woods weather broadcasting. 
        $50,000 the first year from the general 
        fund is for purchase of equipment for 
        the 800 MHz public safety radio system. 
        $200,000 the first year is from the 
        trunk highway fund for costs resulting 
        from the termination of agreements made 
        under article 2, sections 31 and 89, 
        and Minnesota Statutes, section 174.70, 
        subdivision 2.  This appropriation does 
        not cancel but is available until spent.
        In each year of the biennium the 
        commissioner shall request the 
        commissioner of administration to 
        request bids for the purchase of 
        digital mobile and portable radios to 
        be used on the metropolitan regional 
        public safety radio communications 
        system. 
           Sec. 11.  Laws 2000, chapter 479, article 1, section 3, 
        subdivision 3, is amended to read: 
        Subd. 3.  Bus Transit Ways                            6,300,000
        For engineering, design, and 
        construction of bus transit ways, 
        including, but not limited to, 
        acquisition of land and rights-of-way.  
        This appropriation is available until 
        spent. 
        Notwithstanding Minnesota Statutes, 
        chapter 398A, relating to regional 
        railroad authorities, the metropolitan 
        council may conduct a study of bus 
        transit ways in the northwest light 
        rail transit corridor in Hennepin 
        county, and in that part of the 
        southwest light rail transit corridor 
        in and between the cities of Hopkins 
        and Minneapolis.  The study must 
        consider alternative alignments of the 
        bus transit ways, using existing roads, 
        highways, and transportation facilities 
        in conjunction with the light rail 
        transit corridors.  The metropolitan 
        council must not study, engineer, 
        design, or construct a bus transit way 
        in (1) any part of the southwest light 
        rail transit corridor that is in the 
        city of Minnetonka, Eden Prairie, or 
        Chanhassen, or (2) the Midtown Greenway 
        or Kenilworth corridors in Minneapolis. 
           Sec. 12.  Laws 2000, chapter 490, article 7, section 3, is 
        amended to read:  
           Sec. 3.  [APPROPRIATION.] 
           For fiscal year 2001, $149,804,000 $161,529,000 is 
        appropriated from the general fund to the highway user tax 
        distribution fund.  For fiscal year 2002, $161,723,000 is 
        appropriated from the general fund to the highway user tax 
        distribution fund. 
           Sec. 13.  [EFFECTIVE DATE.] 
           This article is effective July 1, 2001. 

                                   ARTICLE 2
                             TRANSPORTATION POLICY
           Section 1.  [TOWER CONSTRUCTION.] 
           The commissioner of transportation shall construct a 
        differential global positioning system tower in Hubbard county, 
        township 139, range 32, in the south half of section 10.  The 
        commissioner of natural resources shall negotiate a long-term 
        lease of the property with the United States coast guard for 
        purposes of erecting, operating, and maintaining the tower. 
           Sec. 2.  [CROSSTOWN PROJECT MORATORIUM.] 
           Subdivision 1.  [RESTRICTION.] The commissioner of 
        transportation may not contract for construction of the marked 
        interstate highway I-35W/marked trunk highway No. 62 interchange 
        improvement project, involving separation of the two roadways in 
        the commons area, replacement of ramps, construction of a 
        high-occupancy vehicle lane, and changes in access until after 
        May 1, 2002.  This does not prohibit the commissioner from 
        contracting for pavement preservation work including:  
        resurfacing or patching road surfaces and bridges; repair, 
        replacement, and installation of safety appurtenances; and other 
        necessary preservation activities.  This restriction does not 
        affect decisions by either the commissioner of transportation or 
        the metropolitan council involving the enhancement of transit in 
        the I-35W corridor north of 50th Street. 
           Subd. 2.  [REPORT.] The commissioner of transportation 
        shall contract for a consultant to prepare a report and 
        recommendations on issues surrounding the trunk highway project 
        described in subdivision 1.  This contract is not subject to the 
        provisions of Minnesota Statutes, chapter 16C.  The report and 
        recommendations must be submitted by the commissioner to the 
        house of representatives and senate committees with jurisdiction 
        over transportation policy and finance by January 15, 2002.  The 
        report and recommendations must include: 
           (1) 20-year projections for growth in population, economic 
        development, and traffic for the marked interstate I-35W and 
        marked trunk highway corridors; 
           (2) a discussion of the adequacy of marked interstate I-35W 
        and marked trunk highway No. 62 under current conditions and 
        after a full reconstruction, to carry present and predicted 
        traffic levels, including the extent to which traffic problems 
        in the corridors will be addressed by the project; 
           (3) alternative feasible designs, including stacked 
        mainlines and tunneling, for the project described in 
        subdivision 1 that will: 
           (i) increase capacity; 
           (ii) limit construction to the right-of-way proposed for 
        the current project; 
           (iii) not limit Lyndale access to less than proposed for 
        the current project; and 
           (iv) include a transit component, which may require buses, 
        busways, rail, or high-occupancy vehicle lanes; 
           (4) a discussion of the availability of funding for the 
        proposed project, how the funding relates to funding for other 
        metropolitan projects, and feasible alternatives; 
           (5) an evaluation of the applicability of road pricing in 
        the corridor; 
           (6) the present and predicted levels of traffic on all 
        segments of marked interstate I-35W, marked trunk highway No. 
        62, and on trunk highway corridors that would be significantly 
        affected by any long-term closing of lanes as a part of 
        construction on marked interstate I-35W or marked trunk highway 
        No. 62; 
           (7) a plan, developed in consultation with the metropolitan 
        council, to provide adequate public transit during the period of 
        highway closure among and within the affected communities, and 
        specific plans for detours; 
           (8) a discussion of the extent to which the project will be 
        coordinated with other construction or reconstruction projects 
        on trunk highways that will be affected by the marked interstate 
        I-35W/marked trunk highway No. 62 project; and 
           (9) methods for completing the project in the most timely 
        manner and costs and impacts with accelerating completion of the 
        project. 
           Sec. 3.  [PORT OF MINNEAPOLIS; FINDINGS.] 
           The legislature finds that the continued use of the upper 
        harbor of the Mississippi river in the city of Minneapolis for 
        commercial navigation relieves transportation demand on highways 
        and railroads in the metropolitan area, is a necessary element 
        of the transportation system of the region, and is therefore of 
        statewide significance. 
           Sec. 4.  [COMMISSIONER OF TRANSPORTATION; METROPOLITAN 
        COUNCIL RESTRICTIONS.] 
           Subdivision 1.  [DEPARTMENT OF TRANSPORTATION.] The 
        commissioner of transportation may not refuse to program or 
        construct a trunk highway improvement project, or make any other 
        decision concerning the location, design, or timing of a trunk 
        highway improvement project, on the grounds that a statutory or 
        home rule charter city or county in which the project is wholly 
        or partly located (1) has enacted a zoning ordinance or 
        determination not approved by the commissioner or metropolitan 
        council, or failed to enact a zoning ordinance or determination 
        requested by the commissioner or metropolitan council, or (2) 
        has failed to impose housing density requirements requested by 
        the commissioner or metropolitan council.  This section does not 
        apply to local zoning ordinances or determinations that relate 
        to access to a trunk highway. 
           Subd. 2.  [METROPOLITAN COUNCIL.] Neither the metropolitan 
        council nor the council's transportation advisory board may, in 
        the allocation or the approval of any allocation of funds for 
        highway projects, or in approving or disapproving a project 
        under Minnesota Statutes, section 473.166, withhold or redirect 
        funds or fail to approve a project on the grounds that a city or 
        county in which the project is wholly or partly located (1) has 
        enacted a zoning ordinance or determination not approved by the 
        council or the commissioner of transportation, or failed to 
        enact a zoning ordinance or determination requested by the 
        council or the commissioner of transportation, or (2) has failed 
        to impose housing density requirements requested by the council 
        or the commissioner of transportation.  This section does not 
        apply to local zoning ordinances or determinations that relate 
        to access to a trunk highway. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 5.  [STATE TROOPER TRAINING REPORT.] 
           On or before February 15, 2002, the commissioner of public 
        safety shall present to the committees having jurisdiction over 
        transportation policy and finance in the house of 
        representatives and the senate an evaluation of the efficiency 
        and cost-effectiveness of the present recruit training program, 
        and a comparison of the effectiveness and potential cost-savings 
        of alternative training formats with the current academy format. 
           Sec. 6.  [STATE AID FOR CITIES.] 
           A city that has previously been classified as having a 
        population of 5,000 or more for the purposes of Minnesota 
        Statutes, chapter 162, and that has a population greater than 
        4,900 but less than 5,000 according to the 2000 federal census, 
        is deemed to have a population of 5,000 for purposes of 
        Minnesota Statutes, chapter 162, until June 30, 2004. 
           Sec. 7.  Laws 2001, chapter 161, section 58, is amended to 
        read: 
           Sec. 58.  [REPEALER.] 
           Minnesota Statutes 2000, sections 15.059, subdivision 5a, 
        as amended by Laws 2001, chapter 7, section 7; 17.49, 
        subdivision 1; 17.703; 17.76; 40A.14, subdivision 3; 52.061; 
        60K.19, subdivision 4; 93.002; 97A.055, subdivision 4a; 
        124D.894; 124D.95, subdivision 6; 134.31, subdivision 5; 
        137.342, subdivision 2; 144A.31; 162.09, subdivision 2; 
        256B.071, subdivision 5; 256B.0911, subdivision 8; 256B.434, 
        subdivision 13; 299A.295, subdivision 2; and 299K.03, 
        subdivision 4, are repealed. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 8.  Minnesota Statutes 2000, section 16A.641, 
        subdivision 8, is amended to read: 
           Subd. 8.  [APPROPRIATION OF PROCEEDS.] (a) The proceeds of 
        bonds issued under each law are appropriated for the purposes 
        described in the law and in this subdivision.  This 
        appropriation may never be canceled.  
           (b) Before the proceeds are received in the proper special 
        fund, the commissioner may transfer to that fund from the 
        general fund amounts not exceeding the expected proceeds from 
        the next bond sale.  The commissioner shall return these amounts 
        to the general fund by transferring proceeds when received.  The 
        amounts of these transfers are appropriated from the general 
        fund and from the bond proceeds.  
           (c) Actual and necessary travel and subsistence expenses of 
        employees and all other nonsalary expenses incidental to the 
        sale, printing, execution, and delivery of bonds must be paid 
        from the proceeds.  The proceeds are appropriated for this 
        purpose.  Bond proceeds must not be used to pay any part of the 
        salary of a state employee involved in the sale, printing, 
        execution, or delivery of the bonds. 
           (d) Bond proceeds remaining in a special fund after the 
        purposes for which the bonds were issued are accomplished or 
        abandoned, as certified by the head of the agency administering 
        the special fund, or as determined by the commissioner, unless 
        devoted under the appropriation act to another purpose 
        designated in the act, shall must be transferred to the state 
        bond fund. 
           (e) Before the proceeds of state highway bonds are received 
        in the trunk highway fund, the commissioner may either: 
           (1) transfer funds to the trunk highway fund from the 
        general fund; or 
           (2) authorize the use of funds in the trunk highway fund, 
        in an amount not exceeding the expected proceeds from the next 
        state highway bond sale. 
        These funds must be used in accordance with the legislative 
        authorization to sell state highway bonds.  The commissioner 
        shall return these funds to the general fund or replace the 
        funds used from the trunk highway fund by transferring proceeds 
        when received.  The amounts of these transfers are appropriated 
        from the general fund and from the state highway bond proceeds. 
           Sec. 9.  Minnesota Statutes 2000, section 16B.54, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VEHICLES.] (a)  [ACQUISITION FROM AGENCY; 
        APPROPRIATION.] The commissioner may direct an agency to make a 
        transfer of a passenger motor vehicle or truck currently 
        assigned to it.  The transfer must be made to the commissioner 
        for use in the central motor pool.  The commissioner shall 
        reimburse an agency whose motor vehicles have been paid for with 
        funds dedicated by the constitution for a special purpose and 
        which are assigned to the central motor pool.  The amount of 
        reimbursement for a motor vehicle is its average wholesale price 
        as determined from the midwest edition of the National 
        Automobile Dealers Association official used car guide. 
           (b)  [PURCHASE.] To the extent that funds are available for 
        the purpose, the commissioner may purchase or otherwise acquire 
        additional passenger motor vehicles and trucks necessary for the 
        central motor pool.  The title to all motor vehicles assigned to 
        or purchased or acquired for the central motor pool is in the 
        name of the department of administration.  
           (c)  [TRANSFER AT AGENCY REQUEST.] On the request of an 
        agency, the commissioner may transfer to the central motor pool 
        any passenger motor vehicle or truck for the purpose of 
        disposing of it.  The department or agency transferring the 
        vehicle or truck must be paid for it from the motor pool 
        revolving account established by this section in an amount equal 
        to two-thirds of the average wholesale price of the vehicle or 
        truck as determined from the midwest edition of the National 
        Automobile Dealers Association official used car guide. 
           (d)  [VEHICLES; MARKING.] The commissioner shall provide 
        for the uniform marking of all motor vehicles.  Motor vehicle 
        colors must be selected from the regular color chart provided by 
        the manufacturer each year.  The commissioner may further 
        provide for the use of motor vehicles without marking by: 
           (1) the governor; 
           (2) the lieutenant governor; 
           (3) the division of criminal apprehension, the division of 
        alcohol and gambling enforcement, and arson investigators of the 
        division of fire marshal in the department of public safety; 
           (4) the financial institutions division of the department 
        of commerce; 
           (5) the division of disease prevention and control of the 
        department of health; 
           (6) the state lottery; 
           (7) criminal investigators of the department of revenue; 
           (8) state-owned community service facilities in the 
        department of human services; 
           (9) the investigative staff of the department of economic 
        security; and 
           (10) the office of the attorney general; and 
           (11) the investigative staff of the gambling control board. 
           Sec. 10.  Minnesota Statutes 2000, section 16C.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CREATION AND VALIDITY OF CONTRACTS.] (a) A 
        contract is not valid and the state is not bound by it unless: 
           (1) it has first been executed by the head of the agency or 
        a delegate who is a party to the contract; 
           (2) it has been approved by the commissioner; 
           (3) it has been approved by the attorney general or a 
        delegate as to form and execution; 
           (4) the accounting system shows an obligation in an expense 
        budget or encumbrance for the amount of the contract liability; 
        and 
           (5) the combined contract and amendments shall not exceed 
        five years without specific, written approval by the 
        commissioner according to established policy, procedures, and 
        standards, or unless otherwise provided for by law.  The term of 
        the original contract must not exceed two years unless the 
        commissioner determines that a longer duration is in the best 
        interest of the state.  
           (b) Grants, interagency agreements, purchase orders, and 
        annual plans need not, in the discretion of the commissioner and 
        attorney general, require the signature of the commissioner 
        and/or the attorney general.  A signature is not required for 
        work orders and amendments to work orders related to department 
        of transportation contracts.  Bond purchase agreements by the 
        Minnesota public facilities authority do not require the 
        approval of the commissioner.  
           (c) A fully executed copy of every contract must be kept on 
        file at the contracting agency. 
           Sec. 11.  Minnesota Statutes 2000, section 16C.06, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PUBLICATION REQUIREMENTS.] Notices of 
        solicitations for acquisitions estimated to be more than 
        $25,000, or $100,000 in the case of a department of 
        transportation acquisition, must be publicized in a manner 
        designated by the commissioner. 
           Sec. 12.  Minnesota Statutes 2000, section 16C.06, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SOLICITATION PROCESS.] (a) A formal solicitation 
        must be used to acquire all goods, service contracts, and 
        utilities estimated at or more than $25,000, or in the case of a 
        department of transportation solicitation, at or more than 
        $100,000, unless otherwise provided for.  All formal responses 
        must be sealed when they are received and must be opened in 
        public at the hour stated in the solicitation.  Formal responses 
        must be authenticated by the responder in a manner specified by 
        the commissioner.  
           (b) An informal solicitation may be used to acquire all 
        goods, service contracts, and utilities that are estimated at 
        less than $25,000, or in the case of a department of 
        transportation solicitation, at or less than $100,000.  The 
        number of vendors required to receive solicitations may be 
        determined by the commissioner.  Informal responses must be 
        authenticated by the responder in a manner specified by the 
        commissioner. 
           Sec. 13.  Minnesota Statutes 2000, section 117.51, is 
        amended to read: 
           117.51 [COOPERATION WITH FEDERAL AUTHORITIES.] 
           In all acquisitions undertaken by any acquiring authority 
        and in all voluntary rehabilitation carried out by a person 
        pursuant to acquisition or as a consequence thereof, the 
        acquiring authority shall cooperate to the fullest extent with 
        federal departments and agencies, and it shall take all 
        necessary action in order to insure, to the maximum extent 
        possible, federal financial participation in any and all phases 
        of acquisition, including the provision of relocation 
        assistance, services, payments and benefits to displaced 
        persons.  An acquiring authority may consider reimbursing up to 
        $50,000 in relocation or reestablishment expenses of a displaced 
        business. 
           Sec. 14.  Minnesota Statutes 2000, section 161.082, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [TOWN BRIDGES AND CULVERTS; TOWN ROAD ACCOUNT.] 
        (a) Money in the town bridge account must be expended on town 
        road bridge structures that are ten feet or more in length and 
        on town road culverts that replace existing town road bridges.  
        In addition, if the present bridge structure is less than ten 
        feet in length but a hydrological survey indicates that the 
        replacement bridge structure or culvert must be ten feet or more 
        in length, then the bridge or culvert is eligible for 
        replacement funds. 
           (b) In addition, if a culvert that replaces a deficient 
        bridge is in a county comprehensive water plan approved by the 
        board of water and soil resources and the department of natural 
        resources, the costs of the culvert and roadway grading other 
        than surfacing are eligible for replacement funds up to the cost 
        of constructing a replacement bridge. 
           (c) The expenditures on a bridge structure or culvert may 
        be paid from the county turnback account and may be for 100 
        percent of the cost of the replacement structure or culvert or 
        for 100 percent of the cost of rehabilitating the existing 
        structure. 
           (d) The town bridge account may be used to pay the costs to 
        abandon an existing bridge that is deficient and in need of 
        replacement, but where no replacement will be made.  It may also 
        be used to pay the costs to construct a road or street to 
        facilitate the abandonment of an existing bridge determined by 
        the commissioner to be deficient, if the commissioner determines 
        that construction of the road or street is more cost efficient 
        than replacing the existing bridge. 
           (e) When bridge approach construction work exceeds $10,000 
        in costs, or when the county engineer determines that the cost 
        of the replacement culverts alone will not exceed $20,000, or 
        engineering costs exceed $10,000, the town shall be eligible for 
        financial assistance from the town bridge account.  Financial 
        assistance shall be requested by resolution of the county board 
        and shall be limited to: 
           (1) 100 percent of the cost of the bridge approach work 
        that is in excess of $10,000; or 
           (2) 100 percent of the cost of the replacement culverts 
        when the cost does not exceed $20,000 and the town board agrees 
        to be responsible for all the other costs, which may include 
        costs for structural removal, installation, and permitting.  The 
        replacement structure design and costs shall be approved and 
        certified by the county engineer, but need not be subsequently 
        approved by the department of transportation; or 
           (3) 100 percent of all related engineering costs that 
        exceed $10,000, or in the case of towns with a net tax capacity 
        of less than $200,000, 100 percent of the engineering costs. 
           (f) Money in the town road account must be distributed as 
        provided in section 162.081. 
           Sec. 15.  Minnesota Statutes 2000, section 161.14, is 
        amended by adding a subdivision to read: 
           Subd. 50.  [KING OF TRAILS.] (a) The following described 
        route, signed as trunk highway No. 75 on the effective date of 
        this subdivision, is designated the "King of Trails":  
        Constitutional Route No. 6 from its intersection with the 
        Minnesota-Canada border southerly to its intersection with 
        Legislative Route No. 175 at or near the city of Crookston, then 
        Legislative Route No. 175 southwesterly and southerly to its 
        intersection with Constitutional Route No. 6 between the cities 
        of Halstad and Hendrum, then Constitutional Route No. 6 
        southerly to its intersection with the Minnesota-Iowa border.  
           (b) The commissioner shall adopt a suitable marking design 
        to mark the highway and erect appropriate signs, subject to 
        section 161.139. 
           Sec. 16.  Minnesota Statutes 2000, section 161.23, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LEASING.] The commissioner may lease for the 
        term between the acquisition and sale thereof and for a fair 
        rental rate and upon such terms and conditions as the 
        commissioner deems proper, any excess real estate acquired under 
        the provisions of this section, and any real estate acquired in 
        fee for trunk highway purposes and not presently needed therefor 
        for those purposes.  All rents received from the leases 
        shall must be paid into the state treasury.  Seventy percent of 
        the rents shall must be credited to the trunk highway fund.  The 
        remaining 30 percent shall must be paid to the county treasurer 
        where the real estate is located, and shall be distributed in 
        the same manner as real estate taxes.  This subdivision does not 
        apply to real estate leased for the purpose of providing 
        commercial and public service advertising pursuant to franchise 
        agreements as provided in sections 160.276 to 160.278 or to fees 
        collected under section 174.70, subdivision 2. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 17.  Minnesota Statutes 2000, section 161.32, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ADVERTISEMENT FOR BIDS.] The commissioner 
        may conduct the work or any part thereof of the work incidental 
        to the construction and maintenance of the trunk highways by 
        labor employed therefor to do the work or by contract.  In cases 
        of construction work, the commissioner shall first advertise for 
        bids for contracts, and if no satisfactory bids are received, 
        may either reject all bids and readvertise, or do the work by 
        labor employed therefor to do the work.  Except as hereinafter 
        provided in subdivision 3 or 4, when work is to be done under 
        contract, the commissioner shall advertise for bids once each 
        week for three successive weeks prior to the date such the bids 
        are to be received.  The advertisement for bids shall must be 
        published in a newspaper or other periodical of general 
        circulation in the state and may be placed on the Internet.  The 
        plans and specifications for the proposed work shall must be on 
        file in the commissioner's office prior to the first call for 
        bids. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 18.  Minnesota Statutes 2000, section 161.32, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [STANDARD SPECIFICATIONS, SECURITY.] Contracts 
        under this section must be based on specifications prescribed by 
        the commissioner.  Each bidder for a contract must shall furnish 
        security approved by the commissioner to ensure completion of 
        the contract.  The commissioner may require that bid, 
        performance or payment bonds, or other security be furnished 
        electronically.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 19.  Minnesota Statutes 2000, section 161.32, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [LOWEST RESPONSIBLE BIDDER.] Bidders may submit 
        bids electronically in a form and manner required by the 
        commissioner.  Trunk highway construction contracts, including 
        design-build contracts, must be awarded to the lowest 
        responsible bidder, taking into consideration conformity with 
        the specifications, the purpose for which the contract or 
        purchase is intended, the status and capability of the vendor, 
        and other considerations imposed in the call for bids.  The 
        commissioner may decide which is the lowest responsible bidder 
        for all contracts and may use the principles of life-cycle 
        costing, where when appropriate, in determining the lowest 
        overall bid.  Any or all bids may be rejected.  In a case 
        where When competitive bids are required and where all bids are 
        rejected, new bids, if solicited, must be called for as in the 
        first instance, unless otherwise provided by law. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 20.  Minnesota Statutes 2000, section 161.32, 
        subdivision 1e, is amended to read: 
           Subd. 1e.  [RECORD.] A record must be kept of all bids, 
        including names of bidders, amounts of bids, and each successful 
        bid.  After the contract is awarded, this record is open to 
        public inspection and may be posted on the Internet. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 21.  [161.3205] [PROFESSIONAL AND TECHNICAL SERVICES 
        CONTRACTS.] 
           Subdivision 1.  [SCOPE; AUTHORITY GENERALLY.] (a) 
        Notwithstanding other law to the contrary, this section applies 
        to professional and technical services contracts entered into by 
        the commissioner of transportation. 
           (b) The commissioner has the authority and duty to: 
           (1) approve state transportation project plans and 
        specifications; 
           (2) award transportation construction and maintenance 
        contracts; 
           (3) approve, select, and award professional and technical 
        consultant contracts for state transportation projects; and 
           (4) approve utility and municipal agreements affecting 
        state transportation projects. 
           Subd. 2.  [DEFINITION OF PROFESSIONAL OR TECHNICAL 
        SERVICES.] For purposes of this section, "professional or 
        technical services" means services that are intellectual in 
        character, including consultative, analytical, evaluative, 
        predictive, planning, programming, or recommendatory, and that 
        result in the production of a report or the completion of a 
        task.  Professional or technical contracts do not include the 
        provision of supplies or materials, except (1) by the approval 
        of the commissioner or (2) as incidental to providing 
        professional or technical services. 
           Subd. 3.  [DUTIES OF COMMISSIONER.] Before entering into a 
        professional or technical services contract with a value 
        exceeding $100,000, the commissioner shall certify that: 
           (1) no current state employee is able and available to 
        perform the services called for by the contract; 
           (2) the normal competitive bidding mechanisms do not 
        provide for adequate performance of the services; 
           (3) the contractor has certified that the product of the 
        services will be original in character; 
           (4) reasonable efforts were made to publicize the 
        availability of the contract to the public; 
           (5) the agency has received, reviewed, and accepted a 
        detailed work plan from the contractor for performance under the 
        contract, if applicable; 
           (6) the commissioner has developed and will implement a 
        written plan providing for the assignment of specific agency 
        personnel to a monitoring and liaison function, the periodic 
        review of interim reports or other indications of past 
        performance, and the ultimate utilization of the final product 
        of the services; and 
           (7) the department will not allow the contractor to begin 
        work before funds are fully encumbered. 
           Subd. 4.  [CONTRACT PROCEDURES.] Before approving a 
        proposed contract for professional or technical services, the 
        commissioner shall determine, at least, that: 
           (1) the work to be performed under the contract is 
        necessary to the agency's achievement of its statutory 
        responsibilities and there is statutory authority to enter into 
        the contract; 
           (2) the contract does not establish an employment 
        relationship between the state or the agency and any persons 
        performing under the contract; 
           (3) the contractor and agents are not employees of the 
        state; 
           (4) no agency has previously performed or contracted for 
        the performance of tasks that would be substantially duplicated 
        under the proposed contract; 
           (5) the commissioner has specified a satisfactory method of 
        evaluating and using the results of the work to be performed; 
        and 
           (6) the combined contract and amendments will not exceed 
        five years, unless otherwise provided for by law.  The term of 
        the original contract must not exceed two years, unless the 
        commissioner determines that a longer duration is in the best 
        interest of the state. 
           Subd. 5.  [CONTRACT TERMINATION AND PAYMENT TERMS.] (a) A 
        professional or technical services contract must by its terms 
        permit the commissioner to unilaterally terminate the contract 
        prior to completion, upon payment of just compensation, if the 
        commissioner determines that further performance under the 
        contract would not serve agency purposes. 
           (b) The commissioner shall approve and make final payment 
        on all professional and technical services contracts within six 
        months after the contractor delivers the final documents and 
        invoice.  Overdue payments are subject to the applicable prompt 
        payment provisions of section 16A.124. 
           (c) The terms of a contract must provide that no more than 
        90 percent of the amount due under the contract may be paid 
        until the final product has been reviewed by the head of the 
        agency entering into the contract and the head of the agency has 
        certified that the contractor has satisfactorily fulfilled the 
        terms of the contract, unless specifically excluded in writing 
        by the commissioner.  This paragraph does not apply to contracts 
        for professional services as defined in sections 326.02 to 
        326.15. 
           Subd. 6.  [REPORTS.] (a) The commissioner shall submit to 
        the governor, the chair of the ways and means committee of the 
        house of representatives, the chair of the senate state 
        government finance committee, and the legislative reference 
        library a yearly listing of all contracts for professional or 
        technical services executed.  The report must identify the 
        contractor, contract amount, duration, and services to be 
        provided.  The commissioner shall also issue yearly reports 
        summarizing the contract review activities of the department by 
        fiscal year.  
           (b) The fiscal year report must be submitted by September 1 
        of each year and must: 
           (1) be sorted by contractor; 
           (2) show the aggregate value of contracts issued to each 
        contractor; 
           (3) distinguish between contracts that are being issued for 
        the first time and contracts that are being extended; 
           (4) state the termination date of each contact; and 
           (5) identify services by commodity code, including topics 
        such as contracts for training and contracts for research. 
           (c) Within 30 days of final completion of a contract over 
        $100,000 covered by this subdivision, the commissioner must 
        submit a one-page report to the legislative reference library.  
        The report must: 
           (1) summarize the purpose of the contract, including why it 
        was necessary to enter into a contract; 
           (2) state the amount spent on the contract; and 
           (3) explain why this amount was a cost-effective way to 
        enable the agency to provide its services or products better or 
        more efficiently. 
           Subd. 7.  [PROCUREMENT FROM SMALL BUSINESS.] This section 
        is subject to section 16C.16. 
           Sec. 22.  [161.362] [ADVANCE FUNDING FOR INTERREGIONAL 
        CORRIDOR DEVELOPMENT.] 
           Subdivision 1.  [CORRIDOR DEVELOPMENT.] By agreement with 
        the commissioner, a road authority other than the commissioner 
        or two or more road authorities that have entered into a joint 
        powers agreement under section 471.59 may make advances from any 
        available funds to the commissioner to expedite development of 
        an interregional transportation corridor, including funds for 
        design consultants, for right-of-way purchases, for 
        construction, or for other related expenditures. 
           Subd. 2.  [REPAYMENT.] Subject to the availability of state 
        money, the commissioner shall repay the amount advanced under 
        this section, up to the state's share of costs, under terms of 
        the agreement.  The agreement may provide for payment of 
        interest on the amount of advanced funds.  The maximum interest 
        rate that may be paid is the rate earned by the state on 
        invested treasurer's cash for the month before the date the 
        agreement is executed or the actual interest paid by the road 
        authority in borrowing for the amount advanced, whichever rate 
        is less.  The total amount of annual repayment to road 
        authorities under this section and section 161.361 must never 
        exceed the amount stated in the department's debt management 
        policy or $10,000,000, whichever is less. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 23.  [161.366] [TRANSPORTATION CONSTRUCTION CONTRACT; 
        TACONITE RELIEF AREA.] 
           The commissioner of transportation, as a condition of 
        awarding a transportation construction contract in the taconite 
        tax relief area, may require the contractor to hire a certain 
        percentage of workers for that contract whose principal place of 
        residence is in the taconite tax relief area.  Taconite tax 
        relief area means the tax relief area defined in section 273.134.
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 24.  Minnesota Statutes 2000, section 162.06, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
        administrative costs as provided in subdivision 2, the 
        commissioner shall set aside each year a sum of money equal to 
        one percent of the remaining money in the county state-aid 
        highway fund to provide for a disaster account; provided that 
        the total amount of money in the disaster account shall must 
        never exceed one two percent of the total sums to be apportioned 
        to the counties.  This sum shall must be used to provide aid to 
        any county encountering disasters or unforeseen events affecting 
        its county state-aid highway system, and resulting in an undue 
        and burdensome financial hardship.  
           (b) Any county desiring aid by reason of such disaster or 
        unforeseen event shall request the aid in the form required by 
        the commissioner.  Upon receipt of the request, the commissioner 
        shall appoint a board consisting of two representatives of the 
        counties, who must be either a county engineer or member of a 
        county board, from counties other than the requesting county, 
        and a representative of the commissioner.  The board shall 
        investigate the matter and report its findings and 
        recommendations in writing to the commissioner.  
           (c) Final determination of the amount of aid, if any, to be 
        paid to the county from the disaster account shall must be made 
        by the commissioner.  Upon determining to aid any such a 
        requesting county, the commissioner shall certify to the 
        commissioner of finance the amount of the aid, and the 
        commissioner of finance shall thereupon then issue a warrant in 
        that amount payable to the county treasurer of the county.  
        Money so paid shall must be expended on the county state-aid 
        highway system in accordance with the rules of the commissioner. 
           Sec. 25.  Minnesota Statutes 2000, section 162.12, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISASTER ACCOUNT.] (a) After deducting 
        administrative costs as provided in subdivision 2, the 
        commissioner shall set aside each year a sum of money equal to 
        two percent of the remaining money in the municipal state-aid 
        street fund to provide for a disaster account; provided, that 
        the total amount of money in the disaster account shall must 
        never exceed five three percent of the total sums to be 
        apportioned to the statutory and home rule charter cities having 
        a population of 5,000 or more.  The disaster account shall must 
        be used to provide aid to any such city encountering disaster or 
        unforeseen event affecting the municipal state-aid street system 
        of the city, and resulting in an undue and burdensome financial 
        hardship. 
           (b) Any such city desiring aid by reason of such disaster 
        or unforeseen event shall request aid in the form required by 
        the commissioner.  Upon receipt of the request the commissioner 
        shall appoint a board consisting of two representatives of the 
        cities, who must be either a city engineer or member of the 
        governing body of a city, from cities other than the requesting 
        city, and a representative of the commissioner.  The board shall 
        investigate the matter and report its findings and 
        recommendations in writing to the commissioner.  
           (c) Final determination of the amount of aid, if any, to be 
        paid to the city from the disaster account shall must be made by 
        the commissioner.  Upon determining to aid the city, the 
        commissioner shall certify to the commissioner of finance the 
        amount of aid, and the commissioner of finance shall 
        thereupon then issue a warrant in that amount payable to the 
        fiscal officer of the city.  Money so paid shall must be 
        expended on the municipal state-aid street system in accordance 
        with rules of the commissioner. 
           Sec. 26.  [167.46] [PROPERTY PURCHASED WITH HIGHWAY BOND 
        PROCEEDS.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "State trunk highway bond-financed property" means 
        property acquired, improved, or maintained in whole or in part 
        with the proceeds of state trunk highway bonds authorized to be 
        issued under the Minnesota Constitution, article XIV, section 11.
           (c) "Outstanding state trunk highway bonds" means the 
        dollar amount of state trunk highway bonds, including any 
        refunding state trunk highway bonds, issued with respect to 
        state trunk highway bond-financed property, less the principal 
        amount of state trunk highway bonds paid or defeased. 
           Subd. 2.  [LEASES.] (a) State trunk highway bond-financed 
        property may only be leased (1) for those purposes authorized by 
        law, (2) in accordance with the requirements of all other laws 
        and duly adopted rules applicable thereto, and orders, if any, 
        of the commissioner of finance intended to ensure the legality 
        and tax-exempt status of outstanding state trunk highway bonds, 
        and (3) with the approval of the commissioner of finance.  A 
        lease of state trunk highway bond-financed property, including 
        any renewals that are solely at the option of the lessee, must 
        be for a term substantially less than the useful life of the 
        state trunk highway bond-financed property, but may allow 
        renewal beyond that term upon a determination by the 
        commissioner of transportation that the use continues to be 
        authorized by law and that the additional term is authorized by 
        law.  A lease of state trunk highway bond-financed property must 
        be terminable by the commissioner of transportation if the other 
        contracting party defaults under the contract and must provide 
        for oversight by the commissioner of transportation.  
           (b) Notwithstanding the provisions of any other law, money 
        received by the state under a lease of state trunk highway 
        bond-financed property must be paid to the commissioner of 
        transportation, deposited in the state trunk highway fund, and 
        used to pay or redeem or defease any outstanding state trunk 
        highway bonds in accordance with the commissioner of finance's 
        order authorizing their issuance.  The money paid to the 
        commissioner of transportation is appropriated for this 
        purpose.  Money in excess of the foregoing requirement must be 
        applied as otherwise required by law. 
           Subd. 3.  [SALES.] (a) State trunk highway bond-financed 
        property must not be sold unless the sale (1) is for a purpose 
        authorized by law, (2) is conducted in accordance with 
        applicable law and duly adopted rules, (3) is made in accordance 
        with orders, if any, of the commissioner of finance intended to 
        ensure the legality and tax-exempt status of outstanding state 
        trunk highway bonds, and (4) is approved by the commissioner of 
        finance. 
           (b) Notwithstanding any other law, the net proceeds of a 
        sale of any state trunk highway bond-financed property must be 
        paid to the commissioner of transportation, deposited in the 
        state trunk highway fund, and used to pay or redeem or defease 
        any outstanding trunk highway bonds in accordance with the 
        commissioner of finance's order authorizing their issuance.  The 
        net proceeds of sale paid to the commissioner of transportation 
        are appropriated for these purposes.  Any net proceeds of sale 
        in excess of the foregoing requirement must be applied as 
        otherwise required by law.  When all of the net proceeds of sale 
        have been applied as provided in this subdivision, the sold 
        property is no longer considered state trunk highway 
        bond-financed property. 
           Subd. 4.  [RELATION TO OTHER LAWS.] This section applies to 
        all state trunk highway bond-financed property unless otherwise 
        provided by law. 
           Sec. 27.  Minnesota Statutes 2000, section 167.51, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSFERS.] All money transferred from the trunk 
        highway fund or from any other source to the Minnesota trunk 
        highway bond account and all income from the investment thereof 
        shall be available for the payment of outstanding state trunk 
        highway bonds and interest thereon, whether or not issued 
        pursuant to section 167.50, in the same manner as the proceeds 
        of taxes paid into the trunk highway fund, and so much thereof 
        as may be necessary is appropriated for such payments.  The 
        legislature may appropriate and transfer to the Minnesota trunk 
        highway bond account, for the payment of such trunk highway 
        bonds and interest thereon, any other moneys in the state 
        treasury not otherwise appropriated.  The commissioner of 
        finance and the state treasurer are directed to make the 
        appropriate entries in the accounts of the respective funds.  
           Sec. 28.  Minnesota Statutes 2000, section 168.011, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PASSENGER AUTOMOBILE.] "Passenger automobile" 
        means any motor vehicle designed and used for the carrying of 
        not more than 15 persons including the driver.  "Passenger 
        automobile" does not include motorcycles, motor scooters, and 
        buses described in subdivision 9, paragraph (a), clause (2).  
        For purposes of taxation only, "passenger automobile" includes 
        pickup trucks and vans, other than including those vans designed 
        to carry passengers with a manufacturer's nominal rated carrying 
        capacity of one ton, but does not include commuter vans as 
        defined in section 168.126. 
           Sec. 29.  Minnesota Statutes 2000, section 168.012, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VEHICLES EXEMPT FROM TAX AND REGISTRATION 
        FEES.] (a) The following vehicles are exempt from the provisions 
        of this chapter requiring payment of tax and registration fees, 
        except as provided in subdivision 1c:  
           (1) vehicles owned and used solely in the transaction of 
        official business by the federal government, the state, or any 
        political subdivision; 
           (2) vehicles owned and used exclusively by educational 
        institutions and used solely in the transportation of pupils to 
        and from such those institutions; 
           (3) vehicles used solely in driver education programs at 
        nonpublic high schools; 
           (4) vehicles owned by nonprofit charities and used 
        exclusively to transport disabled persons for educational 
        purposes; 
           (5) vehicles owned and used by honorary consul; 
           (6) ambulances owned by ambulance services licensed under 
        section 144E.10, the general appearance of which is 
        unmistakable; and 
           (7) vehicles owned by a commercial driving school licensed 
        under section 171.34, or an employee of a commercial driving 
        school licensed under section 171.34, and the vehicle is used 
        exclusively for driver education and training. 
           (b) Vehicles owned by the federal government, municipal 
        fire apparatuses including fire-suppression support vehicles, 
        police patrols, and ambulances, the general appearance of which 
        is unmistakable, shall are not be required to register or 
        display number plates.  
           (c) Unmarked vehicles used in general police work, liquor 
        investigations, or arson investigations, and passenger 
        automobiles, pickup trucks, and buses owned or operated by the 
        department of corrections shall, must be registered and shall 
        must display appropriate license number plates which shall be, 
        furnished by the registrar at cost.  Original and renewal 
        applications for these license plates authorized for use in 
        general police work and for use by the department of corrections 
        must be accompanied by a certification signed by the appropriate 
        chief of police if issued to a police vehicle, the appropriate 
        sheriff if issued to a sheriff's vehicle, the commissioner of 
        corrections if issued to a department of corrections vehicle, or 
        the appropriate officer in charge if issued to a vehicle of any 
        other law enforcement agency.  The certification must be on a 
        form prescribed by the commissioner and state that the vehicle 
        will be used exclusively for a purpose authorized by this 
        section.  
           (d) Unmarked vehicles used by the departments of revenue 
        and labor and industry, fraud unit, in conducting seizures or 
        criminal investigations must be registered and must display 
        passenger vehicle classification license number plates which 
        shall be, furnished at cost by the registrar.  Original and 
        renewal applications for these passenger vehicle license plates 
        must be accompanied by a certification signed by the 
        commissioner of revenue or the commissioner of labor and 
        industry.  The certification must be on a form prescribed by the 
        commissioner and state that the vehicles will be used 
        exclusively for the purposes authorized by this section. 
           (e) Unmarked vehicles used by the division of disease 
        prevention and control of the department of health must be 
        registered and must display passenger vehicle classification 
        license number plates.  These plates must be furnished at cost 
        by the registrar.  Original and renewal applications for these 
        passenger vehicle license plates must be accompanied by a 
        certification signed by the commissioner of health.  The 
        certification must be on a form prescribed by the commissioner 
        and state that the vehicles will be used exclusively for the 
        official duties of the division of disease prevention and 
        control.  
           (f) Unmarked vehicles used by staff of the gambling control 
        board in gambling investigations and reviews must be registered 
        and must display passenger vehicle classification license number 
        plates.  These plates must be furnished at cost by the 
        registrar.  Original and renewal applications for these 
        passenger vehicle license plates must be accompanied by a 
        certification signed by the board chair.  The certification must 
        be on a form prescribed by the commissioner and state that the 
        vehicles will be used exclusively for the official duties of the 
        gambling control board.  
           (g) All other motor vehicles shall must be registered and 
        display tax-exempt number plates which shall be, furnished by 
        the registrar at cost, except as provided in subdivision 1c.  
        All vehicles required to display tax-exempt number plates shall 
        must have the name of the state department or political 
        subdivision, nonpublic high school operating a driver education 
        program, or licensed commercial driving school, on the vehicle 
        plainly displayed on both sides of the vehicle; except that each 
        state hospital and institution for the mentally ill and mentally 
        retarded may have one vehicle without the required 
        identification on the sides of the vehicle, and county social 
        service agencies may have vehicles used for child and vulnerable 
        adult protective services without the required identification on 
        the sides of the vehicle.  Such This identification shall must 
        be in a color giving contrast with that of the part of the 
        vehicle on which it is placed and shall must endure throughout 
        the term of the registration.  The identification must not be on 
        a removable plate or placard and shall must be kept clean and 
        visible at all times; except that a removable plate or placard 
        may be utilized on vehicles leased or loaned to a political 
        subdivision or to a nonpublic high school driver education 
        program. 
           Sec. 30.  Minnesota Statutes 2000, section 168.013, 
        subdivision 1d, is amended to read: 
           Subd. 1d.  [TRAILER.] (a) On trailers registered at a gross 
        vehicle weight of greater than 3,000 pounds, the annual tax is 
        based on total gross weight and is 30 percent of the Minnesota 
        base rate prescribed in subdivision 1e, when the gross weight is 
        15,000 pounds or less, and when the gross weight of a trailer is 
        more than 15,000 pounds, the tax for the first eight years of 
        vehicle life is 100 percent of the tax imposed in the Minnesota 
        base rate schedule, and during the ninth and succeeding years of 
        vehicle life the tax is 75 percent of the Minnesota base rate 
        prescribed by subdivision 1e, but in no event less than $5, 
        provided, that the tax on trailers with a total gross weight of 
        3,000 pounds or less is payable biennially.  
           (b) Farm trailers with a gross weight in excess of 10,000 
        pounds and as described in section 168.011, subdivision 17, are 
        taxed as farm trucks as prescribed in subdivision 1c. 
           (c) Effective on and after July 1, 2001, trailers 
        registered at a gross vehicle weight of 3,000 pounds or less 
        must display a distinctive plate.  The registration on the 
        license plate is valid for the life of the trailer only if it 
        remains registered at the same gross vehicle weight.  The 
        onetime registration tax for trailers registered for the first 
        time in Minnesota is $55.  For trailers registered in Minnesota 
        before July 1, 2001, and for which: 
           (1) registration is desired for the remaining life of the 
        trailer, the registration tax is $25; or 
           (2) permanent registration is not desired, the biennial 
        registration tax is $10 for the first renewal if registration is 
        renewed between and including July 1, 2001, and June 30, 2003.  
        These trailers must be issued permanent registration at the 
        first renewal on or after July 1, 2003, and the registration tax 
        is $20.  
        For trailers registered at a gross weight of 3,000 pounds or 
        less before July 1, 2001, but not renewed until on or after July 
        1, 2003, the registration tax is $20 and permanent registration 
        must be issued. 
           Sec. 31.  Minnesota Statutes 2000, section 168.09, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 
        (a) A vehicle that displays a special plate issued under section 
        168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 
        168.124; 168.125; 168.126; 168.128; or 168.129 may display a 
        temporary permit in conjunction with expired registration if: 
           (1) the current registration tax and all other fees have 
        been paid in full; and 
           (2) the plate requires replacement under section 168.12, 
        subdivision 1, paragraph (b), clause (3). 
           (b) A vehicle that is registered under section 168.10 may 
        display a temporary permit in conjunction with expired 
        registration, with or without a registration license plate, if: 
           (1) the license plates have been applied for and the 
        registration tax has been paid in full, as provided for in 
        section 168.10; and 
           (2) the vehicle is used solely as a collector vehicle while 
        displaying the temporary permit and not used for general 
        transportation purposes. 
           (b) (c) The permit is valid for a period of 60 days.  The 
        permit must be in a form prescribed by the commissioner of 
        public safety and whenever practicable must be posted upon the 
        driver's side of the rear window on the inside of the vehicle.  
        The permit is valid only for the vehicle for which it was issued 
        to allow a reasonable time for the new license plates to be 
        manufactured and delivered to the applicant. 
           Sec. 32.  Minnesota Statutes 2000, section 168.12, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NUMBER PLATES; DESIGN, VISIBILITY, PERIODS 
        OF ISSUANCE.] (a) The registrar, upon the approval and payment, 
        shall issue to the applicant the number plates required by law, 
        bearing the state name and the number assigned.  The number 
        assigned may be a combination of a letter or sign with figures.  
        The color of the plates and the color of the abbreviation of the 
        state name and the number assigned shall be in marked contrast.  
        The plates shall be lettered, spaced, or distinguished to 
        suitably indicate the registration of the vehicle according to 
        the rules of the registrar, and when a vehicle is registered on 
        the basis of total gross weight, the plates issued shall clearly 
        indicate by letters or other suitable insignia the maximum gross 
        weight for which the tax has been paid.  These number plates 
        shall be so treated as to be at least 100 times brighter than 
        the conventional painted number plates.  When properly mounted 
        on an unlighted vehicle, these number plates, when viewed from a 
        vehicle equipped with standard headlights, shall be visible for 
        a distance of not less than 1,500 feet and readable for a 
        distance of not less than 110 feet. 
           (b) The registrar shall issue these number plates for the 
        following periods: 
           (1) New number plates issued pursuant to section 168.012, 
        subdivision 1, shall be issued to a vehicle for as long as it is 
        owned by the exempt agency and shall not be transferable from 
        one vehicle to another but may be transferred with the vehicle 
        from one tax-exempt agency to another.  
           (2) Plates issued for passenger automobiles as defined in 
        section 168.011, subdivision 7, shall be issued for a seven-year 
        period.  All plates issued under this paragraph must be replaced 
        if they are seven years old or older at the time of annual 
        registration or will become so during the registration period. 
           (3) Number plates issued under sections 168.053 and 168.27, 
        subdivisions 16 and 17, shall be for a seven-year period. 
           (4) Number plates issued under subdivisions 2c and 2d and 
        section 168.123 shall be issued for the life of the veteran 
        under section 169.79. 
           (5) Plates for any vehicle not specified in clauses (1) to 
        (3), except for trailers as hereafter provided, shall be issued 
        for the life of the vehicle.  Beginning with number plates 
        issued for the year 1981, plates issued for trailers with a 
        total gross weight of 3,000 pounds or less shall be issued for 
        the life of the trailer and shall be not more than seven inches 
        in length and four inches in width. 
           (c) In a year in which plates are not issued, the registrar 
        shall issue for each registration a tab or sticker to designate 
        the year of registration.  This tab or sticker shall show the 
        calendar year or years for which issued, and is valid only for 
        that period.  The number plates, number tabs, or stickers issued 
        for a motor vehicle may not be transferred to another motor 
        vehicle during the period for which it is issued, except a motor 
        vehicle registered under section 168.187. 
           (d) Notwithstanding any other provision of this 
        subdivision, number plates issued to a vehicle which is used for 
        behind-the-wheel instruction in a driver education course in a 
        public school may be transferred to another vehicle used for the 
        same purpose without payment of any additional fee.  The 
        registrar shall be notified of each transfer of number plates 
        under this paragraph and may prescribe a form for notification. 
           Sec. 33.  Minnesota Statutes 2000, section 168.1291, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] For purposes of this section 
        "special license plates" means license plates issued under 
        sections 168.12, subdivisions 2b to and 2e; 168.123; 168.1235; 
        and 168.129. 
           Sec. 34.  Minnesota Statutes 2000, section 168.27, 
        subdivision 12a, is amended to read: 
           Subd. 12a.  [GROUNDS FOR CANCELLATION WITHOUT HEARING; 
        NOTICE REQUIRED.] (a) A license may be canceled by the registrar 
        after notice to the dealer, upon satisfactory proof that the 
        dealer:  (1) has failed to provide or maintain the required 
        surety bond, or that the dealer; (2) has failed to provide or 
        maintain the insurance required under chapter 65B; or (3) is no 
        longer operating at the dealer's licensed location. 
           (b) Surety companies and insurers providing required 
        coverages shall promptly notify the registrar upon canceling any 
        surety bond or required insurance.  The registrar shall notify 
        the dealer of the reason or reasons for cancellation before the 
        cancellation occurs. 
           Sec. 35.  Minnesota Statutes 2000, section 168.27, 
        subdivision 20, is amended to read: 
           Subd. 20.  [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 
        This section shall does not apply: 
           (1) to any person, copartnership, or corporation engaged in 
        the business of selling vehicles designed to operate exclusively 
        over snow, motor scooters, motorized wheelchairs, utility 
        trailers, farm wagons, farm trailers, or farm tractors or other 
        farm implements, whether self-propelled or not, and even 
        though such wagons, trailers, tractors or implements a vehicle 
        listed in this clause may be equipped with a trailer hitch,; or 
           (2) to any person licensed as a real estate broker or 
        salesperson pursuant to chapter 82, who engages in the business 
        of selling, or who offers to sell, or who solicits or advertises 
        the sale of manufactured homes affixed to land, unless such. 
           (b) However, this section does apply to a person, 
        copartnership, or corporation shall described in paragraph (a) 
        who is also be engaged in the business of selling other motor 
        vehicles or manufactured homes within the provisions of this 
        section. 
           (b) (c) As used in this subdivision the term "utility 
        trailer" has the following meaning:, "utility trailer" means a 
        motorless vehicle, other than a boat trailer or snowmobile 
        trailer, equipped with one or two wheels and, having a carrying 
        capacity of 2000 gross vehicle weight of 4,000 pounds or less, 
        and used for carrying property on its own structure while being 
        drawn by a motor vehicle. 
           Sec. 36.  Minnesota Statutes 2000, section 168.33, 
        subdivision 7, is amended to read: 
           Subd. 7.  [FILING FEE.] (a) In addition to all other 
        statutory fees and taxes, a filing fee of $3.50 is imposed on 
        every application: 
           (i) $4.50 is imposed on every motor vehicle registration 
        renewal, excluding pro rate transactions; and 
           (ii) $7 is imposed on every other type of vehicle 
        transaction, including pro rate transactions; 
        except that a filing fee may not be charged for a document 
        returned for a refund or for a correction of an error made by 
        the department of public safety, a licensed auto dealer, or a 
        deputy registrar.  The filing fee shall must be shown as a 
        separate item on all registration renewal notices sent out by 
        the department of public safety.  No filing fee or other fee may 
        be charged for the permanent surrender of a certificate of title 
        and license plates for a motor vehicle.  
           (b) Filing fees collected under this subdivision by the 
        registrar department must be paid into the state treasury and 
        credited to the highway user tax distribution fund, except fees 
        for registrations of motor vehicles.  Filing fees collected for 
        registrations of motor vehicles in conjunction with a title 
        transfer or first application in this state must be paid into 
        the state treasury with 50 percent of the money credited to the 
        general fund and 50 percent credited to the highway user tax 
        distribution fund. 
           (c) A motor vehicle dealer shall retain $2.50 of each 
        filing fee imposed under this subdivision for a completed 
        transaction involving the sale of a motor vehicle to or by a 
        licensed dealer, if the dealer electronically transmits the 
        transaction to the department or deputy registrar.  The 
        department shall develop procedures to implement this 
        subdivision in consultation with Minnesota Deputy Registrar 
        Association and Minnesota Automobile Dealers Association.  
        Deputy registrars shall not be prohibited from receiving and 
        processing required documents supporting an electronic 
        transaction. 
           Sec. 37.  Minnesota Statutes 2000, section 168.381, is 
        amended to read: 
           168.381 [MANUFACTURE OF VEHICLE LICENSE NUMBER PLATES; 
        APPROPRIATIONS.] 
           Subdivision 1.  [CORRECTIONAL FACILITIES; OTHER 
        MANUFACTURERS.] (a) License number plates required by law may be 
        manufactured by the Minnesota correctional facility-St. Cloud, 
        the Minnesota correctional facility-Stillwater, or other 
        facility established by law for the confinement of persons 
        convicted of felony, upon order from the registrar of motor 
        vehicles, such.  The order to must state the quality of material 
        desired in such the plates, the plate specifications thereof, 
        and the amount or number desired.  
           (b) Should the commissioner of corrections decide not to 
        supply the required quantity of license plates, or discontinue 
        the manufacture of plates, the commissioner of public safety is 
        authorized to seek other suppliers on a competitive basis.  
           Subd. 2.  [LABORATORY TESTING; COSTS.] (a) Materials 
        purchased to be used in the manufacture of such motor vehicle 
        number plates shall must be tested as to conformance with 
        specifications established by the commissioner of public safety 
        in a privately operated laboratory service to be designated by 
        the commissioner.  The cost of such the laboratory shall must be 
        included in the cost of materials purchased.  
           (b) The cost of delivery of such number plates to the 
        commissioner of public safety at places which designated by the 
        commissioner may designate shall must be included in the 
        expenses incurred in their manufacture.  
           Subd. 3.  [SPECIFICATIONS.] The commissioner of public 
        safety shall establish new or revised specifications for the 
        material and equipment used in the manufacture of number plates 
        ordered for manufacture after August 1, 1975, and may from time 
        to time revise such the specifications,; provided that such 
        the specifications conform to the requirements of section 168.12.
        In establishing new or revised specifications, the commissioner 
        shall consult with and give consideration to the advice and 
        recommendations of representatives of the Minnesota state 
        patrol, local police officers' associations, and the county 
        sheriffs' association.  
           (c) Subd. 4.  [APPROPRIATIONS.] (a) Money appropriated to 
        the department of public safety to procure the plates for any 
        fiscal year or years shall be are available for allotment, 
        encumbrance, and expenditure from and after the date of the 
        enactment of such the appropriation.  Materials and equipment 
        used in the manufacture of such number plates are subject only 
        to the approval of the commissioner of public safety.  
           (d) (b) This section contemplates that money to be 
        appropriated to the department of public safety in order to 
        carry out the terms and provisions of this section will be 
        appropriated by the legislature from the highway user tax 
        distribution fund. 
           (c) A sum sufficient is appropriated annually from the 
        highway user tax distribution fund to the commissioner of public 
        safety to pay the costs of purchasing, delivering, and mailing 
        motor vehicle license number plates, license plate registration 
        tabs or stickers, and license plate registration notices. 
           Sec. 38.  [168A.101] [CANCELLATION OF MOTOR VEHICLE SALE.] 
           Subdivision 1.  [REQUIRED DOCUMENTATION.] If the parties 
        cancel a purchase of a motor vehicle after the transfer of 
        interest, they must submit within 90 days of the original 
        purchase date the following items: 
           (1) the outstanding certificate of title with proper 
        assignment; and 
           (2) an affidavit correcting ownership signed by the parties.
           Subd. 2.  [REFUNDS.] A party may be eligible for a refund 
        of taxes and fees only if the items indicated in subdivision 1 
        are submitted within the 90-day time frame unless otherwise 
        provided by law. 
           Sec. 39.  Minnesota Statutes 2000, section 169.09, 
        subdivision 8, is amended to read: 
           Subd. 8.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
        Every A law enforcement officer who, in the regular course of 
        duty, investigates a motor vehicle accident of which report must 
        be made as required in that must be reported under this section, 
        either at the time of and at the scene of the accident or 
        thereafter by interviewing participants or witnesses, shall, 
        within ten days after the date of such the accident, forward a 
        an electronic or written report of such the accident to the 
        commissioner of public safety. 
           Sec. 40.  Minnesota Statutes 2000, section 169.09, 
        subdivision 9, is amended to read: 
           Subd. 9.  [ACCIDENT REPORT FORMS.] The department of public 
        safety shall prepare, and electronic or written forms for 
        accident reports required under this section.  Upon request the 
        department shall supply the forms to police departments, 
        coroners, sheriffs, garages, and other suitable agencies or 
        individuals, forms for accident reports required hereunder,.  
        The forms must be appropriate with respect to the persons 
        required to make such the reports and the purposes to be 
        served.  The electronic or written reports report forms to be 
        made completed by persons involved in accidents and by 
        investigating officers shall must call for sufficiently detailed 
        information to disclose with reference to a traffic accident the 
        causes, conditions then existing, and the persons and vehicles 
        involved. 
           Sec. 41.  Minnesota Statutes 2000, section 169.09, 
        subdivision 10, is amended to read: 
           Subd. 10.  [USE OF FORM REQUIRED.] Every A required 
        accident report required to be made in writing shall must be 
        made on the an appropriate form approved by the department of 
        public safety and contain all of the information 
        required therein unless not available. 
           Sec. 42.  Minnesota Statutes 2000, section 169.18, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [KEEP TO THE RIGHT.] Upon all roadways of 
        sufficient width a vehicle shall be driven upon the right half 
        of the roadway, except as follows: 
           (1) when overtaking and passing another vehicle proceeding 
        in the same direction under the rules governing such movement; 
           (2) when the right half of a roadway is closed to traffic 
        while under construction or repair; 
           (3) upon a roadway divided into three marked lanes for 
        traffic under the rules applicable thereon; or 
           (4) upon a roadway designated and signposted for one-way 
        traffic as a one-way roadway; or 
           (5) as necessary to comply with subdivision 11 when 
        approaching an authorized emergency vehicle parked or stopped on 
        the roadway. 
           [EFFECTIVE DATE.] This section is effective June 1, 2001. 
           Sec. 43.  Minnesota Statutes 2000, section 169.18, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [PASSING PARKED EMERGENCY VEHICLE.] When 
        approaching and before passing an authorized emergency vehicle 
        that is parked or otherwise stopped on or next to a street or 
        highway having two or more lanes in the same direction, the 
        driver of a vehicle shall safely move the vehicle to a lane away 
        from the emergency vehicle. 
           [EFFECTIVE DATE.] This section is effective June 1, 2001. 
           Sec. 44.  Minnesota Statutes 2000, section 169.67, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TRAILER, SEMITRAILER.] (a) No trailer or 
        semitrailer with a gross weight of 3,000 or more pounds, or a 
        gross weight that exceeds the empty weight of the towing 
        vehicle, may be drawn on a highway unless it is equipped with 
        brakes that are adequate to control the movement of and to stop 
        and hold the trailer or semitrailer.  A surge brake on a trailer 
        or semitrailer meets the requirement of this paragraph for 
        brakes adequate to stop and hold the trailer or semitrailer.  
           (b) No trailer or semitrailer that is required to have 
        brakes and that has a gross weight of more than 6,000 pounds may 
        be drawn on a highway unless it is equipped with brakes that are 
        so constructed that they are adequate to stop and hold the 
        trailer or semitrailer whenever it becomes detached from the 
        towing vehicle. 
           (c) Except as provided in paragraph (d), paragraph (a) does 
        not apply to: 
           (1) a trailer used by a farmer while transporting farm 
        products produced on the user's farm, or supplies back to the 
        farm of the trailer's user; 
           (2) a towed custom service vehicle drawn by a motor vehicle 
        that is equipped with brakes that meet the standards of 
        subdivision 5, provided that such a towed custom service vehicle 
        that exceeds 30,000 pounds gross weight may not be drawn at a 
        speed of more than 45 miles per hour; 
           (3) a trailer or semitrailer operated or used by retail 
        dealers of implements of husbandry while engaged exclusively in 
        the delivery of implements of husbandry; 
           (4) a motor vehicle drawn by another motor vehicle that is 
        equipped with brakes that meet the standards of subdivision 5; 
           (5) a tank trailer of not more than 12,000 pounds gross 
        weight owned by a distributor of liquid fertilizer while engaged 
        exclusively in transporting liquid fertilizer, or gaseous 
        fertilizer under pressure; 
           (6) a trailer of not more than 12,000 pounds gross weight 
        owned by a distributor of dry fertilizer while engaged 
        exclusively in the transportation of dry fertilizer; and 
           (7) a disabled vehicle while being towed to a place of 
        repair. 
           (d) Vehicles described in paragraph (c), clauses (1), (3), 
        and (4), may be operated without complying with paragraph (a) 
        only if the trailer or semitrailer does not exceed the following 
        gross weights: 
           (1) 3,000 pounds while being drawn by a vehicle registered 
        as a passenger automobile, other than a pickup truck as defined 
        in section 168.011, subdivision 29; 
           (2) 12,000 pounds while being drawn by any other motor 
        vehicle except a self-propelled implement of husbandry.  
           Sec. 45.  Minnesota Statutes 2000, section 169.79, is 
        amended to read: 
           169.79 [VEHICLE REGISTRATION.] 
           (a) No person shall operate, drive, or park a motor vehicle 
        on any highway unless the vehicle is registered in accordance 
        with the laws of this state and has the number plates for the 
        current year only or permit confirming that valid registration 
        or operating authority has been obtained, except as provided in 
        sections 168.10 and 168.12, subdivision 2f, as assigned to it by 
        the commissioner of public safety, conspicuously displayed 
        thereon in a manner that the view of any plate or permit is not 
        obstructed.  A plate issued under section 168.27 or a permit 
        issued under chapter 168 may be displayed on a vehicle in 
        conjunction with expired registration whether or not it displays 
        the license plate to which the last registration was issued.  
           (b) If the vehicle is a semitrailer, the number plate 
        displayed must be assigned to the registered owner and correlate 
        to the certificate of title documentation on file with the 
        department and shall not display a year indicator.  
           (c) If the vehicle is a motorcycle, motor scooter, 
        motorized bicycle, motorcycle sidecar, trailer, semitrailer, or 
        vehicle displaying a dealer plate, one plate shall must be 
        displayed on the rear thereof of the vehicle.  
           (d) If the vehicle is (1) a collector's vehicle with a 
        pioneer, classic car, collector, or street rod license; (2) a 
        vehicle that meets the requirements of a pioneer, classic, or 
        street rod vehicle except that the vehicle is used for general 
        transportation purposes; or (3) a vehicle that is of model year 
        1972 or earlier, not registered under section 168.10, 
        subdivision 1c, and is used for general transportation purposes, 
        one plate shall must be displayed on the rear of the vehicle, or 
        one plate on the front and one on the rear, at the discretion of 
        the owner. 
           (e) If the vehicle is a truck-tractor, road-tractor or farm 
        truck, as defined in section 168.011, subdivision 17, but 
        excluding from that definition semitrailers and trailers, one 
        plate shall must be displayed on the front thereof of the 
        vehicle. 
           (f) If the motor vehicle is any kind of motor vehicle other 
        than those provided for in paragraphs (b) to (d), one plate 
        shall must be displayed on the front and one on the rear thereof 
        of the vehicle.  
           (g) All plates shall must be securely fastened so as to 
        prevent them from swinging.  The person driving the motor 
        vehicle shall keep the plate legible and unobstructed and free 
        from grease, dust, or other blurring material so that the 
        lettering shall be is plainly visible at all times.  It is 
        unlawful to cover any assigned letters and numbers or the name 
        of the state of origin of a license plate with any material 
        whatever, including any clear or colorless material that affects 
        the plate's visibility or reflectivity.  
           (h) License plates issued to vehicles registered under 
        section 168.017 must display the month of expiration in the 
        lower left corner as viewed facing the plate and the year of 
        expiration in the lower right corner as viewed facing the plate. 
        License plates issued to vehicles registered under section 
        168.127 must display either fleet registration validation 
        stickers in the lower right corner as viewed facing the plates 
        or distinctive license plates, issued by the registrar, with 
        "FLEET REG" embossed on the bottom center portion of the plate. 
           Sec. 46.  Minnesota Statutes 2000, section 171.07, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
        Upon the payment of the required fee, the department shall issue 
        to every qualifying applicant qualifying therefor a license 
        designating the type or class of vehicles the applicant is 
        authorized to drive as applied for, which.  This license shall 
        must bear thereon a distinguishing number assigned to the 
        licensee, the full name, date of birth, residence address and 
        permanent mailing address if different, a description of the 
        licensee in such manner as the commissioner deems necessary, and 
        a space upon which the licensee shall write the usual signature 
        and the date of birth of the licensee with pen and ink.  No 
        license shall be is valid until it has been so signed by the 
        licensee.  Except in the case of an instruction permit, every 
        license shall must bear thereon a colored photograph or an 
        electronically produced image of the licensee.  Every license 
        issued to an applicant under the age of 21 shall must be of a 
        distinguishing color and plainly marked "Under-21."  The 
        department shall use such process or processes in the issuance 
        of licenses that prohibits, as near as possible, the ability to 
        alter or reproduce the licenses, or prohibit the ability to 
        superimpose a photograph or electronically produced image on 
        such the licenses, without ready detection.  A license issued to 
        an applicant of age 65 or over shall must be plainly marked 
        "senior" if requested by the applicant. 
           Sec. 47.  Minnesota Statutes 2000, section 171.183, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS.] For the purposes of 
        sections 171.182 to 171.184, a judgment is satisfied if:  
           (1) $25,000 $30,000 has been credited upon any judgment or 
        judgments rendered in excess of that amount because of bodily 
        injury to or death of one person as the result of any one 
        accident; 
           (2) subject to the limit of $25,000 $30,000 because of 
        bodily injury to or death of one person, the sum 
        of $50,000 $60,000 has been credited upon any judgment or 
        judgments rendered in excess of that amount because of bodily 
        injury to or death of two or more persons as the result of any 
        one accident; or 
           (3) $10,000 has been credited upon any judgment or 
        judgments rendered in excess of that amount because of damage to 
        or destruction of property of others as a result of any one 
        accident. 
           Sec. 48.  Minnesota Statutes 2000, section 171.29, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
        license has been revoked as provided in subdivision 1, except 
        under section 169A.52 or 169A.54, shall pay a $30 fee before the 
        driver's license is reinstated. 
           (b) A person whose driver's license has been revoked as 
        provided in subdivision 1 under section 169A.52 or 169A.54 shall 
        pay a $250 fee plus a $40 surcharge before the driver's license 
        is reinstated.  The $250 fee is to be credited as follows: 
           (1) Twenty percent must be credited to the trunk highway 
        fund. 
           (2) Fifty-five percent must be credited to the general fund.
           (3) Eight percent must be credited to a separate account to 
        be known as the bureau of criminal apprehension account.  Money 
        in this account may be appropriated to the commissioner of 
        public safety and the appropriated amount must be apportioned 80 
        percent for laboratory costs and 20 percent for carrying out the 
        provisions of section 299C.065. 
           (4) Twelve percent must be credited to a separate account 
        to be known as the alcohol-impaired driver education account.  
        Money in the account is appropriated as follows: 
           (i) the first $200,000 in a fiscal year 2002: 
           (A) the first $200,000 to the commissioner of children, 
        families, and learning for programs for elementary and secondary 
        school students; and 
           (ii) (B) the remainder credited in a fiscal year to the 
        commissioner of transportation public safety to be spent as 
        grants through March 31, 2002, to the Minnesota highway safety 
        center at St. Cloud State University for programs relating to 
        alcohol and highway safety education in elementary and secondary 
        schools and then from April 1, 2002, through June 30, 2002, for 
        programs described in item (ii); and 
           (ii) after June 30, 2002, to the commissioner of public 
        safety for grants for programs relating to alcohol and highway 
        safety education in elementary and secondary schools. 
           (5) Five percent must be credited to a separate account to 
        be known as the traumatic brain injury and spinal cord injury 
        account.  The money in the account is annually appropriated to 
        the commissioner of health to be used as follows:  35 percent 
        for a contract with a qualified community-based organization to 
        provide information, resources, and support to assist persons 
        with traumatic brain injury and their families to access 
        services, and 65 percent to maintain the traumatic brain injury 
        and spinal cord injury registry created in section 144.662.  For 
        the purposes of this clause, a "qualified community-based 
        organization" is a private, not-for-profit organization of 
        consumers of traumatic brain injury services and their family 
        members.  The organization must be registered with the United 
        States Internal Revenue Service under section 501(c)(3) as a 
        tax-exempt organization and must have as its purposes:  
           (i) the promotion of public, family, survivor, and 
        professional awareness of the incidence and consequences of 
        traumatic brain injury; 
           (ii) the provision of a network of support for persons with 
        traumatic brain injury, their families, and friends; 
           (iii) the development and support of programs and services 
        to prevent traumatic brain injury; 
           (iv) the establishment of education programs for persons 
        with traumatic brain injury; and 
           (v) the empowerment of persons with traumatic brain injury 
        through participation in its governance. 
        No patient's name, identifying information or identifiable 
        medical data will be disclosed to the organization without the 
        informed voluntary written consent of the patient or patient's 
        guardian, or if the patient is a minor, of the parent or 
        guardian of the patient. 
           (c) The $40 surcharge must be credited to a separate 
        account to be known as the remote electronic alcohol monitoring 
        program account.  The commissioner shall transfer the balance of 
        this account to the commissioner of finance on a monthly basis 
        for deposit in the general fund. 
           (d) When these fees are collected by a licensing agent, 
        appointed under section 171.061, a handling charge is imposed in 
        the amount specified under section 171.061, subdivision 4.  The 
        reinstatement fees and surcharge must be deposited in an 
        approved state depository as directed under section 171.061, 
        subdivision 4. 
           Sec. 49.  Minnesota Statutes 2000, section 171.39, is 
        amended to read: 
           171.39 [EXEMPTIONS.] 
           (a) The provisions of sections 171.33 to 171.41 shall do 
        not apply: to any person giving driver training lessons without 
        charge; to employers maintaining driver training schools without 
        charge for their employees only; to a home-school within the 
        meaning of sections 120A.22 and 120A.24; or to schools or 
        classes conducted by colleges, universities, and high schools as 
        a part of the normal program for such those institutions; nor to 
        those schools or persons described in section 171.05, 
        subdivision 2.  
           (b) Any person who is a certificated driver training 
        instructor in a high school driver training program may give 
        driver training instruction to persons over the age of 18 
        without acquiring a driver training school license or 
        instructor's license, and such those instructors may make a 
        charge for that instruction, if there is no private commercial 
        driver training school licensed under this statute sections 
        171.33 to 171.41 within ten miles of the municipality where such 
        driver training instruction is given and there is no adult 
        drivers training program in effect in the schools of the school 
        district in which the trainee resides. 
           Sec. 50.  [161.391] [PAVEMENT STRIPING.] 
           The commissioner of transportation may bill highway 
        maintenance operating units of the department and local road 
        authorities for the costs of a centrally managed, pavement 
        marking program.  These costs may include equipment acquisition 
        and rental, labor, materials, and other costs as determined by 
        the commissioner.  Receipts must be credited to a special 
        account, which is established in the trunk highway fund, and are 
        appropriated to the commissioner to pay the costs for which the 
        billings are made.  Amounts credited to the account are exempt 
        from statewide and agency indirect costs payments.  
           Sec. 51.  Minnesota Statutes 2000, section 174.24, 
        subdivision 3b, is amended to read: 
           Subd. 3b.  [OPERATING ASSISTANCE.] (a) The commissioner 
        shall determine the total operating cost of any public transit 
        system receiving or applying for assistance in accordance with 
        generally accepted accounting principles.  To be eligible for 
        financial assistance, an applicant or recipient shall provide to 
        the commissioner all financial records and other information and 
        shall permit any inspection reasonably necessary to determine 
        total operating cost and correspondingly the amount of 
        assistance which may be paid to the applicant or recipient.  
        Where more than one county or municipality contributes 
        assistance to the operation of a public transit system, the 
        commissioner shall identify one as lead agency for the purpose 
        of receiving moneys money under this section.  
           (b) Prior to distributing operating assistance to eligible 
        recipients for any contract period, the commissioner shall place 
        all recipients into one of the following classifications:  large 
        urbanized area service, urbanized area service, small urban area 
        service, rural area service, and elderly and handicapped 
        service.  The commissioner shall distribute funds under this 
        section so that the percentage of total operating cost paid by 
        any recipient from local sources will not exceed the percentage 
        for that recipient's classification, except as provided in an 
        undue hardship case.  The percentages shall must be:  for large 
        urbanized area service, 50 percent; for urbanized area service 
        and small urban area service, 40 percent; for rural area 
        service, 35 percent; and for elderly and handicapped service, 35 
        percent.  The remainder of the total operating cost will be paid 
        from state funds less any assistance received by the recipient 
        from any federal source.  For purposes of this subdivision 
        "local sources" means all local sources of funds and includes 
        all operating revenue, tax levies, and contributions from public 
        funds, except that the commissioner may exclude from the total 
        assistance contract revenues derived from operations the cost of 
        which is excluded from the computation of total operating cost.  
        Total operating costs of the Duluth transit authority or a 
        successor agency shall not include costs related to the 
        Superior, Wisconsin service contract and the independent school 
        district No. 709 service contract.  
           (c) If a recipient informs the commissioner in writing 
        after the establishment of these percentages but prior to the 
        distribution of financial assistance for any year that paying 
        its designated percentage of total operating cost from local 
        sources will cause undue hardship, the commissioner may reduce 
        the percentage to be paid from local sources by the recipient 
        and increase the percentage to be paid from local sources by one 
        or more other recipients inside or outside the classification, 
        provided that no recipient shall have its percentage thus 
        reduced or increased for more than two years successively.  If 
        for any year the funds appropriated to the commissioner to carry 
        out the purposes of this section are insufficient to allow the 
        commissioner to pay the state share of total operating cost as 
        provided in this paragraph, the commissioner shall reduce the 
        state share in each classification to the extent necessary. 
           Sec. 52.  Minnesota Statutes 2000, section 174.35, is 
        amended to read: 
           174.35 [LIGHT RAIL TRANSIT.] 
           The commissioner of transportation may exercise the powers 
        granted in this chapter and chapter 473, as necessary, to plan, 
        design, acquire, construct, and equip light rail transit 
        facilities in the metropolitan area as defined in section 
        473.121, subdivision 2.  The commissioner shall not spend state 
        funds to study light rail transit unless the funds are 
        appropriated in legislation that identifies the route, including 
        the origin and destination. 
           Sec. 53.  [174.36] [NOTICE OF STUDIES OF HIGH-SPEED RAIL.] 
           The commissioner shall notify the chairs of the senate and 
        house of representatives committees with jurisdiction over 
        transportation finance whenever the commissioner spends state 
        funds to study high-speed intercity passenger rail service. 
           Sec. 54.  Minnesota Statutes 2000, section 174.55, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COMMISSIONER REPORT.] The commissioner of 
        transportation shall report to the commission not later than 
        July 15 of each year.  The report must consist of a listing of 
        candidate projects that meet the criteria of major 
        transportation projects within the definition in subdivision 5, 
        and a listing of proposed projects for study that the 
        commissioner believes have the potential of being major 
        transportation projects but do not have draft environmental 
        impact statements.  The report must include the commissioner's 
        plan for funding and implementation of each project. 
           Sec. 55.  Minnesota Statutes 2000, section 174.55, 
        subdivision 5, is amended to read: 
           Subd. 5.  [MAJOR TRANSPORTATION PROJECT.] A major 
        transportation project is a project that meets each of the 
        following criteria: 
           (1) involves the department of transportation; 
           (2) has a total cost of more than $5,000,000 has a 
        construction cost, in the year in which construction is expected 
        to begin, that exceeds 25 percent of the estimated annual 
        construction program of the department division or construction 
        district in which the project is located; and 
           (3) is a critical element of the transportation system of 
        its region and the state; and 
           (4) has a completed draft environmental impact statement.  
           Sec. 56.  Minnesota Statutes 2000, section 174.70, 
        subdivision 2, is amended to read: 
           Subd. 2.  [IMPLEMENTATION.] In order to facilitate 
        construction and maintenance of the initial backbone of the the 
        state's communications system described in subdivision 1 systems 
        and to reduce the proliferation of communications towers, the 
        commissioner shall may, by purchase, lease, gift, exchange, or 
        other means, obtain sites for the erection of towers and the 
        location of equipment and shall may construct buildings and 
        structures needed for developing the system state's 
        communications systems.  The commissioner may negotiate with 
        commercial wireless service providers and other tower owners to 
        obtain sites, towers, and equipment.  Notwithstanding sections 
        161.433, 161.434, 161.45, and 161.46, the commissioner may by 
        agreement lease, allow, or permit commercial wireless service 
        providers or other tower owners to install privately owned 
        equipment on state-owned lands, buildings, and other structures 
        under the jurisdiction of the commissioner when it is practical 
        and feasible to do so.  The commissioner shall annually publish 
        a list of state-owned tower sites that are available to 
        commercial wireless service providers and other tower owners for 
        installation of their equipment on a first-come, first-served 
        basis for each tower or site.  The commissioner may not make 
        agreements that grant the exclusive use of towers.  After the 
        commissioner has agreed to make space available on a specific 
        tower or at a specific site, the commissioner shall charge a 
        site use fee for the value of the real property or structure 
        made available.  In lieu of a site use fee, the commissioner may 
        make agreements with commercial wireless service providers or 
        other tower owners to place state equipment on privately owned 
        towers and may accept (1) improvements such as tower 
        reinforcement, reconstruction, site development, or other site 
        improvements to state-owned public safety the state's 
        communications system facilities or real or personal property, 
        or (2) services provided by a commercial wireless service 
        provider.  This section does not create a right to install 
        privately owned towers on the trunk highway right-of-way. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 57.  Minnesota Statutes 2000, section 174.70, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DEPOSIT OF FEES; APPROPRIATION.] Fees collected 
        under subdivision 2 must be deposited in the trunk highway 
        fund.  The fees so collected are appropriated to the 
        commissioner to pay for the commissioner's share and state 
        patrol's share of the costs of constructing developing and 
        maintaining the communication system sites communications 
        systems that serve state agencies. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 58.  Minnesota Statutes 2000, section 174.88, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXPENDITURE OF STATE FUNDS.] The commissioner 
        shall not spend any state funds for construction or equipment of 
        commuter rail facilities unless the funds have been appropriated 
        by law specifically for those purposes.  The commissioner shall 
        not spend state funds to study commuter rail unless the funds 
        are appropriated in legislation that identifies the route, 
        including origin and destination. 
           Sec. 59.  [219.166] [ESTABLISHMENT OF QUIET ZONES.] 
           A county, statutory or home rule charter city, or town may 
        by ordinance establish a defined "quiet zone" in which the 
        sounding of horns, whistles, or other audible warnings by 
        locomotives is regulated or prohibited.  A quiet zone 
        established under this section must consist of at least one-half 
        mile of railroad right-of-way.  All quiet zones, regulations, 
        and ordinances adopted under this section must conform to 
        federal law and the regulations of the Federal Railroad 
        Administration. 
           Sec. 60.  Minnesota Statutes 2000, section 222.63, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DISPOSITION PERMITTED.] (a) The commissioner may 
        lease any rail line or right-of-way held in the state rail bank 
        or enter into an agreement with any person for the operation of 
        any rail line or right-of-way for any of the purposes set forth 
        in subdivision 2 in accordance with a fee schedule to be 
        developed by the commissioner. 
           (b) The commissioner may convey any rail line or 
        right-of-way, for consideration or for no consideration and upon 
        other terms as the commissioner may determine to be in the 
        public interest, to any other state agency or to a governmental 
        subdivision of the state having power by law to utilize it for 
        any of the purposes set forth in subdivision 2. 
           (c) The commissioner may convey a portion of previously 
        acquired rail bank right-of-way to a state agency or 
        governmental subdivision when the commissioner determines that: 
           (1) the portion to be conveyed is in excess of that needed 
        for the purposes stated in subdivision 2; 
           (2) the conveyance is upon terms and conditions agreed upon 
        by both the commissioner and the state agency or governmental 
        subdivision; 
           (3) after the sale, the rail bank corridor will continue to 
        meet the future public and commercial transportation and 
        transmission needs of the state; and 
           (4) the conveyance will not reduce the width of the rail 
        bank corridor to less than 50 feet. 
           (d) The commissioner may lease previously acquired state 
        rail bank right-of-way to a state agency or governmental 
        subdivision or to a private entity for nontransportation 
        purposes when: 
           (1) the portion to be leased is in excess of that needed 
        for the purposes stated in subdivision 2; 
           (2) the lease will not reduce the useable width of the rail 
        bank corridor to less than 50 feet; 
           (3) the cost of the lease is based on the fair market value 
        of the portion to be leased, as determined by appraisal; 
           (4) the lease allows the commissioner to terminate the 
        lease on 90 days' written notice to the lessee; and 
           (5) the lease prohibits the construction or erection of any 
        permanent structure within the 50-foot rail bank corridor and 
        requires any structure erected on the leased property to be 
        removed and the land restored to its original condition on 90 
        days' written notice to the lessee. 
           (e) Proceeds from a sale shall or lease must be deposited 
        in the rail bank maintenance account described in subdivision 8. 
           Sec. 61.  Minnesota Statutes 2000, section 237.04, is 
        amended to read: 
           237.04 [WIRE CROSSING OR PARALLELING UTILITY LINE; RULES.] 
           (a) The department shall determine and promulgate 
        reasonable rules covering the maintenance and operation, also 
        the nature, location, and character of the construction to be 
        used, where telephone, telegraph, electric light, power, or 
        other electric wires of any kind, or any natural gas pipelines, 
        cross, or more or less parallel the lines of any railroad, 
        interurban railway, or any other similar public service 
        corporation; and, to this end, shall formulate and from time to 
        time, issue general rules covering each class of construction, 
        maintenance, and operation of such telephone, telegraph, 
        telecommunications, cable, fiber optic, electric wire, or 
        natural gas pipeline crossing, or paralleling, under the various 
        conditions existing; and the department, upon the complaint of 
        any person, railroad, interurban railway, municipal utility, 
        cooperative electric association, telephone company, 
        telecommunications carrier, cable company, fiber optic carrier, 
        or other public utility claiming to be injuriously affected or 
        subjected to hazard by any such crossing or paralleling lines 
        constructed or about to be constructed, shall, after a hearing, 
        make such order and prescribe such terms and conditions for the 
        construction, maintenance, and operation of the lines in 
        question as may be just and reasonable. 
           (b) The department may, upon request of any municipal 
        utility, electric cooperative association, or public utility, 
        telephone company, telecommunications carrier, cable company, or 
        fiber optic carrier determine the just and reasonable charge 
        which a railroad, or owner of an abandoned railroad 
        right-of-way, other than the state or a regional railroad 
        authority, can prescribe for a new or existing crossing of a 
        railroad right-of-way by an any telephone, telegraph, 
        telecommunications, cable, fiber optic, electric, or gas line, 
        or new or existing telephone, telegraph, telecommunications, 
        cable, fiber optic, electric, or gas lines more or less 
        paralleling a railroad right-of-way, based on the diminution in 
        value caused by the crossing or paralleling of the right-of-way 
        by the telephone, telegraph, telecommunications, cable, fiber 
        optic, electric, or gas line.  This section shall not be 
        construed to eliminate the right of a public utility, municipal 
        utility, or electric cooperative association to have any of the 
        foregoing issues determined pursuant to an eminent domain 
        proceeding commenced under chapter 117.  Unless the railroad, or 
        owner of an abandoned railroad right-of-way, other than the 
        state or a regional railroad authority, asserts in writing that 
        the proposed crossing or paralleling is a serious threat to the 
        safe operations of the railroad or to the current use of the 
        railroad right-of-way, a crossing can be constructed following 
        filing of the requested action with the department, pending 
        review of the requested action by the department. 
           (c) The department shall assess the cost of reviewing the 
        requested action, and of determining a just and reasonable 
        charge, equally among the parties. 
           (d) For the purposes of this section, "parallel" or 
        "paralleling" means that the relevant utility facilities run 
        adjacent to and alongside the lines of a railroad for no more 
        than one mile, or another distance agreed to by the parties, 
        before the utility facilities cross the railroad lines, 
        terminate, or exit the railroad right-of-way.  
           Sec. 62.  Minnesota Statutes 2000, section 296A.18, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SNOWMOBILE.] Approximately one percent in fiscal 
        years 1998, 1999, and 2000, and three-fourths of one percent 
        thereafter, of all gasoline received in and produced or brought 
        into this state, except gasoline used for aviation purposes, is 
        being used as fuel for the operation of snowmobiles in this 
        state, and of the total revenue derived from the imposition of 
        the gasoline fuel tax for uses other than for aviation purposes, 
        one percent in fiscal years 1998, 1999, and 2000, and 
        three-fourths of one percent thereafter, of such revenues is the 
        amount of tax on fuel used in snowmobiles operated in this state.
           Sec. 63.  Minnesota Statutes 2000, section 297A.70, 
        subdivision 2, as amended by H.F. No. 1, article 12, section 57, 
        if enacted by the First Special Session of the 2001 legislature, 
        is amended to read: 
           Subd. 2.  [SALES TO GOVERNMENT.] (a) All sales, except 
        those listed in paragraph (b), to the following governments and 
        political subdivisions, or to the listed agencies or 
        instrumentalities of governments and political subdivisions, are 
        exempt: 
           (1) the United States and its agencies and 
        instrumentalities; 
           (2) school districts, the University of Minnesota, state 
        universities, community colleges, technical colleges, state 
        academies, the Perpich Minnesota center for arts education, and 
        an instrumentality of a political subdivision that is accredited 
        as an optional/special function school by the North Central 
        Association of Colleges and Schools; 
           (3) hospitals and nursing homes owned and operated by 
        political subdivisions of the state; 
           (4) the metropolitan council, for its purchases of 
        materials, supplies, and equipment vehicles and repair parts to 
        equip operations provided for in section 473.4051. 
           (5) other states or political subdivisions of other states, 
        if the sale would be exempt from taxation if it occurred in that 
        state; and 
           (6) sales to public libraries, public library systems, 
        multicounty, multitype library systems as defined in section 
        134.001, county law libraries under chapter 134A, state agency 
        libraries, the state library under section 480.09, and the 
        legislative reference library.  
           (b) This exemption does not apply to the sales of the 
        following products and services: 
           (1) building, construction, or reconstruction materials 
        purchased by a contractor or a subcontractor as a part of a 
        lump-sum contract or similar type of contract with a guaranteed 
        maximum price covering both labor and materials for use in the 
        construction, alteration, or repair of a building or facility; 
           (2) construction materials purchased by tax exempt entities 
        or their contractors to be used in constructing buildings or 
        facilities which will not be used principally by the tax exempt 
        entities; 
           (3) the leasing of a motor vehicle as defined in section 
        297B.01, subdivision 5, except for leases entered into by the 
        United States or its agencies or instrumentalities; or 
           (4) meals and lodging as defined under section 297A.61, 
        subdivision 3, paragraphs (d) and (g), clause (2), except for 
        meals and lodging purchased directly by the United States or its 
        agencies or instrumentalities. 
           (c) As used in this subdivision, "school districts" means 
        public school entities and districts of every kind and nature 
        organized under the laws of the state of Minnesota, and any 
        instrumentality of a school district, as defined in section 
        471.59. 
           [EFFECTIVE DATE.] This section is effective at the same 
        time H.F. No. 1, article 12, section 57, if enacted by the first 
        special session of the 2001 legislature, takes effect. 
           Sec. 64.  Minnesota Statutes 2000, section 297B.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL FUND SHARE DEPOSIT OF REVENUES.] 
        (a) Money collected and received under this chapter must be 
        deposited as provided in this subdivision.  
           (b) From July 1, 2001, to June 30, 2002, 30.86 percent of 
        the money collected and received must be deposited in the 
        highway user tax distribution fund, and the remaining money must 
        be deposited in the general fund.  
           Thirty-two (c) On and after June 30, 2003, 32 percent of 
        the money collected and received must be deposited in the 
        highway user tax distribution fund, and the remaining 68 percent 
        of the money must be deposited in the general fund.  
           Sec. 65.  Minnesota Statutes 2000, section 299A.01, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [DEPARTMENT ADVERTISING SALES; APPROPRIATION.] 
        The commissioner may accept paid advertising for departmental 
        publications, media productions, or other informational 
        materials.  Advertising revenues received are appropriated to 
        the commissioner to be used to defray costs of publications, 
        media productions, or other informational materials.  The 
        commissioner may not accept paid advertising from an elected 
        official or candidate for elective office. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 66.  Minnesota Statutes 2000, section 299A.41, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PUBLIC SAFETY OFFICER.] "Public safety officer" 
        includes: 
           (1) a peace officer defined in section 626.84, subdivision 
        1, paragraph (c) or (f); 
           (2) a correction officer employed at a correctional 
        facility and charged with maintaining the safety, security, 
        discipline, and custody of inmates at the facility; 
           (3) an individual employed on a full-time basis by the 
        state or by a fire department of a governmental subdivision of 
        the state, who is engaged in any of the following duties: 
           (i) firefighting; 
           (ii) emergency motor vehicle operation; 
           (iii) investigation into the cause and origin of fires; 
           (iv) the provision of emergency medical services; or 
           (v) hazardous material responder; 
           (4) a legally enrolled member of a volunteer fire 
        department or member of an independent nonprofit firefighting 
        corporation who is engaged in the hazards of firefighting; 
           (5) a good samaritan while complying with the request or 
        direction of a public safety officer to assist the officer; 
           (6) a reserve police officer or a reserve deputy sheriff 
        while acting under the supervision and authority of a political 
        subdivision; 
           (7) a driver or attendant with a licensed basic or advanced 
        life support transportation service who is engaged in providing 
        emergency care; and 
           (8) a first responder who is certified by the commissioner 
        of health emergency medical services regulatory board to perform 
        basic emergency skills before the arrival of a licensed 
        ambulance service and who is a member of an organized service 
        recognized by a local political subdivision to respond to 
        medical emergencies to provide initial medical care before the 
        arrival of an ambulance; and 
           (9) a person, other than a state trooper, employed by the 
        commissioner of public safety and assigned to the state patrol, 
        whose primary employment is the enforcement of commercial motor 
        vehicle laws and regulations. 
           Sec. 67.  Minnesota Statutes 2000, section 446A.085, is 
        amended to read: 
           446A.085 [TRANSPORTATION REVOLVING LOAN FUND.] 
           Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
        section, the terms defined in this subdivision have the meanings 
        given them. 
           (a)  [ACT.] (b) "Act" means the National Highway System 
        Designation Act of 1995, Public Law Number 104-59, as amended. 
           (b)  [BORROWER.] (c) "Borrower" means the state, counties, 
        cities, and other governmental entities eligible under the act 
        and state law to apply for and receive loans from the 
        transportation revolving loan fund, the trunk highway revolving 
        loan account, the county state-aid highway revolving loan 
        account, and the municipal state-aid street revolving loan 
        account. 
           (c)  [DEPARTMENT.] "Department" means the department of 
        transportation. 
           (d)  [LOAN.] "Loan" means financial assistance provided for 
        all or part of the cost of a project including money disbursed 
        in anticipation of reimbursement or repayment, loan guarantees, 
        lines of credit, credit enhancements, equipment financing 
        leases, bond insurance, or other forms of financial assistance. 
           (e)  [TRANSPORTATION COMMITTEE.] "Transportation committee" 
        means a committee of the Minnesota public facilities authority, 
        acting on behalf of the Minnesota public facilities authority, 
        consisting of the commissioner of the department of trade and 
        economic development, the commissioner of finance, and the 
        commissioner of transportation. 
           Subd. 2.  [PURPOSE.] The purpose of the transportation 
        revolving loan fund, the trunk highway revolving loan account, 
        the county state-aid highway revolving loan account, and the 
        municipal state-aid street revolving loan account is to provide 
        loans and matching money for public transportation projects 
        eligible for financing or aid under any federal act or program 
        or state law, including, without limitation, the study of the 
        feasibility of construction, reconstruction, resurfacing, 
        restoring, rehabilitation, or replacement of transportation 
        facilities; acquisition of right-of-way; and maintenance, 
        repair, improvement, or construction of city, town, county, or 
        state highways, roads, streets, rights-of-way, bridges, tunnels, 
        railroad-highway crossings, drainage structures, signs, 
        maintenance and operation facilities, guardrails, and protective 
        structures used in connection with highways or transit projects. 
        Enhancement items, including without limitation bicycle paths, 
        ornamental lighting, and landscaping, are eligible for financing 
        provided they are an integral part of overall project design and 
        construction of a federal-aid highway.  Money in the fund may 
        not be used for any toll facilities project or 
        congestion-pricing project. 
           Subd. 3.  [ESTABLISHMENT OF FUND.] A transportation 
        revolving loan fund is established to make loans for the 
        purposes described in subdivision 2.  A highway account is 
        established in the fund for highway projects eligible under 
        United States Code, title 23.  A transit account is established 
        in the fund for transit capital projects eligible under United 
        States Code, title 49.  A state funds general loan account is 
        established in the fund for transportation projects eligible 
        under state law.  Other accounts may be established in the fund 
        as necessary for its management and administration.  The 
        transportation revolving loan fund shall receive receives 
        federal money under the act and money from any source.  Money 
        received under this section must be paid to the state treasurer 
        and credited to the transportation revolving loan fund.  Money 
        in the fund is annually appropriated to the commissioner 
        authority and does not lapse.  The fund must be credited with 
        investment income, and with repayments of principal and 
        interest, except for servicing fees assessed under sections 
        446A.04, subdivision 5, and 446A.11, subdivision 8. 
           Subd. 4.  [MANAGEMENT OF FUND AND ACCOUNTS.] The authority 
        shall manage and administer the transportation revolving loan 
        fund, the trunk highway revolving loan account, the county 
        state-aid highway revolving loan account, and the municipal 
        state-aid street revolving loan account and individual accounts 
        in the fund.  For those purposes, the authority may exercise all 
        powers provided in this chapter. 
           Subd. 5.  [TRANSFER OF MONEY.] With the consent of the 
        transportation committee, the commissioner of transportation may 
        transfer money from the trunk highway revolving loan account to 
        the trunk highway fund, from the county state-aid highway 
        revolving loan account to the county state-aid highway fund, and 
        from the municipal state-aid street revolving loan account to 
        the municipal state-aid street fund. 
           Subd. 6.  [TRANSPORTATION COMMITTEE.] The transportation 
        committee may authorize the making of loans to borrowers by the 
        authority for transportation purposes authorized by the act or 
        this section, without further action by the authority.  The 
        authority may not make loans for transportation purposes without 
        the approval of the transportation committee.  Each project must 
        be certified by the commissioner of transportation before its 
        consideration by the transportation committee. 
           Subd. 7.  [APPLICATIONS.] Applicants for loans must submit 
        an application to the transportation committee on forms 
        prescribed by the transportation committee.  The applicant must 
        provide the following information: 
           (1) the estimated cost of the project and the amount of the 
        loan sought; 
           (2) other possible sources of funding in addition to loans 
        sought from the transportation revolving loan fund, the trunk 
        highway revolving loan account, the county state-aid highway 
        revolving loan account, or the municipal state-aid street 
        revolving loan account; 
           (3) the proposed methods and sources of funds to be used 
        for repayment of loans received; and 
           (4) information showing the financial status and ability of 
        the borrower to repay loans. 
           Subd. 8.  [CERTIFICATION OF PROJECTS.] The commissioner of 
        transportation shall consider the following information when 
        evaluating projects to certify for funding to the transportation 
        committee: 
           (1) a description of the nature and purpose of the proposed 
        transportation project including an explanation of the need for 
        the project and the reasons why it is in the public interest; 
           (2) the relationship of the project to the area 
        transportation improvement program, the approved statewide 
        transportation improvement program, and to any other 
        transportation plans required under state or federal law; 
           (3) the estimated cost of the project and the amount of 
        loans sought; 
           (4) proposed sources of funding in addition to loans sought 
        from the transportation revolving loan fund, the trunk highway 
        revolving loan account, the county state-aid highway revolving 
        loan account, or municipal state-aid street revolving loan 
        account; 
           (5) the need for the project as part of the overall 
        transportation system; 
           (6) the overall economic impact of the project; and 
           (7) the extent to which completion of the project will 
        improve the movement of people and freight. 
           Subd. 9.  [LOAN CONDITIONS.] When making loans from the 
        transportation revolving loan fund, the trunk highway revolving 
        loan account, the county state-aid highway revolving loan 
        account, or the municipal state-aid street revolving loan 
        account, the transportation committee shall comply with the 
        conditions applicable provisions of the act and state law.  In 
        addition, a loan made under this section must: 
           (1) bear interest at or below market rates or as otherwise 
        specified in federal law; 
           (2) have a repayment term not longer than 30 years; 
           (3) be fully amortized no later than 30 years after project 
        completion; 
           (4) be subject to repayment of principal and interest 
        beginning not later than five years after the facility financed 
        with a loan has been completed, or in the case of a highway 
        project, five years after the facility has opened to traffic; 
        and 
           (5) be made disbursed for specific project elements only 
        after all federal applicable environmental requirements 
        applicable to the project have been complied with and all 
        federal environmental requirements have been met. 
           Subd. 10.  [LOANS IN ANTICIPATION OF FUTURE 
        APPORTIONMENTS.] A loan may be made to a county, or to a 
        statutory or home rule charter city having a population of 5,000 
        or more, in anticipation of repayment of the loan from sums that 
        will be apportioned to a county from the county state-aid 
        highway fund under section 162.07 or to a city from the 
        municipal state-aid street fund under section 162.14. 
           Subd. 11.  [PAYMENT BY COUNTY OR CITY.] Notwithstanding the 
        allocation provisions of section 162.08 for counties, and the 
        apportionment provisions of section 162.14 for cities, sums 
        apportioned under section 162.13 to a statutory or home rule 
        charter city, or under section 162.07 to a county, that has loan 
        repayments due to the transportation revolving loan fund, the 
        trunk highway revolving loan account, the county state-aid 
        highway revolving loan account, or the municipal state-aid 
        street revolving loan account shall be paid by the commissioner 
        of transportation to the appropriate loan fund or account to 
        offset the loan repayments that are due. 
           Subd. 12.  [RULES OF TRANSPORTATION COMMITTEE AND 
        AUTHORITY.] The commissioner of the department of trade and 
        economic development shall adopt administrative rules specifying 
        the procedures that will be used for the administration of the 
        duties of the transportation committee and authority.  The rules 
        must include criteria, standards, and procedures that will be 
        used for making loans, determining interest rates to be charged 
        on loans, the amount of project financing to be provided, the 
        collateral that will be required, the requirements for dedicated 
        sources of revenue or income streams to ensure repayment of 
        loans, and the length of repayment terms.  
           Subd. 13.  [AUTHORITY AND RULES OF DEPARTMENT.] The 
        commissioner of transportation shall establish, adopt rules for, 
        and implement a program to identify, assist with the development 
        of, and certify projects eligible for loans under the act to the 
        transportation committee.  Until rules are adopted by the 
        commissioner of transportation, the commissioner of 
        transportation may certify to the transportation committee any 
        project that has been reviewed through an approved planning 
        process that qualifies the project to be included in the 
        statewide transportation program or amended into the statewide 
        transportation improvement program. 
           Subd. 14.  [JOINT RULES.] The commissioner of the 
        department of trade and economic development and the 
        commissioner of transportation may adopt a single set of rules. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 68.  Minnesota Statutes 2000, section 466.03, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [HIGHWAY RIGHT-OF-WAY.] Any claim for a loss 
        involving or arising out of the use or operation of a 
        recreational motor vehicle, as defined in section 84.90, 
        subdivision 1, within the right-of-way of a road or highway as 
        defined in section 160.02, subdivision 7, except that the 
        municipality is liable for conduct that would entitle a 
        trespasser to damages against a private person. 
           Sec. 69.  Minnesota Statutes 2000, section 473.13, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [LIGHT RAIL TRANSIT OPERATING COSTS.] If the 
        council submits to the legislature or governor a budget that 
        includes proposed operating assistance for one or more light 
        rail transit lines operated by the council, the budget must show 
        the proposed operating assistance for each light rail transit 
        line separately from all other transit operating assistance in 
        that budget. 
           Sec. 70.  Minnesota Statutes 2000, section 473.146, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TRANSPORTATION PLANNING.] (a) The metropolitan 
        council is the designated planning agency for any long-range 
        comprehensive transportation planning required by section 134 of 
        the Federal Highway Act of 1962, Section 4 of Urban Mass 
        Transportation Act of 1964 and Section 112 of Federal Aid 
        Highway Act of 1973 and other federal transportation laws.  The 
        council shall assure administration and coordination of 
        transportation planning with appropriate state, regional and 
        other agencies, counties, and municipalities, and.  
           (b) The council shall establish an advisory body consisting 
        of citizens, and representatives of municipalities, counties, 
        and state agencies in fulfillment of the planning 
        responsibilities of the council.  The membership of the advisory 
        body must consist of: 
           (1) the commissioner of transportation or the 
        commissioner's designee; 
           (2) the commissioner of the pollution control agency or the 
        commissioner's designee; 
           (3) one member of the metropolitan airports commission 
        appointed by the commission; 
           (4) one person appointed by the council to represent 
        nonmotorized transportation; 
           (5) one person appointed by the commissioner of 
        transportation to represent the freight transportation industry; 
           (6) two persons appointed by the council to represent 
        public transit; 
           (7) ten elected officials of cities within the metropolitan 
        area, including one representative from each first-class city, 
        appointed by the association of metropolitan municipalities; 
           (8) one member of the county board of each county in the 
        seven-county metropolitan area, appointed by the respective 
        county boards; 
           (9) eight citizens appointed by the council, one from each 
        council precinct; and 
           (10) one member of the council, appointed by the council. 
        The council shall appoint a chair from among the members of the 
        advisory body. 
           Sec. 71.  Minnesota Statutes 2000, section 473.399, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [EXPENDITURE OF STATE FUNDS.] No state funds may 
        be expended by the metropolitan council to study light rail 
        transit or commuter rail unless the funds are appropriated in 
        legislation that identifies route, including the origin and 
        destination. 
           Sec. 72.  [473.4461] [ADDITIONS TO TRANSIT TAXING 
        DISTRICT.] 
           Notwithstanding any provision of section 473.446 or any 
        other law, the metropolitan council may not levy a tax under 
        section 473.446, subdivision 1, in any city or town not included 
        in the transit taxing district as it existed on January 1, 2001, 
        unless the council and the governing body of that city or town 
        have agreed on a service expansion plan. 
           Sec. 73.  Minnesota Statutes 2000, section 473.859, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LAND USE PLAN.] A land use plan shall include 
        the water management plan required by section 103B.235, and 
        shall designate the existing and proposed location, intensity 
        and extent of use of land and water, including lakes, wetlands, 
        rivers, streams, natural drainage courses, and adjoining land 
        areas that affect water natural resources, for agricultural, 
        residential, commercial, industrial and other public and private 
        purposes, or any combination of such purposes.  A land use plan 
        shall contain a protection element, as appropriate, for historic 
        sites, the matters listed in the water management plan required 
        by section 103B.235, and an element for protection and 
        development of access to direct sunlight for solar energy 
        systems.  A land use plan shall also include a housing element 
        containing standards, plans and programs for providing adequate 
        housing opportunities to meet existing and projected local and 
        regional housing needs, including but not limited to the use of 
        official controls and land use planning to promote the 
        availability of land for the development of low and moderate 
        income housing.  A land use plan shall also include the local 
        government's goals, intentions, and priorities concerning 
        aggregate and other natural resources, transportation 
        infrastructure, land use compatibility, habitat, agricultural 
        preservation, and other planning priorities, considering 
        information regarding supply from the Minnesota geological 
        survey information circular No. 46. 
           Sec. 74.  [473.859] [Subd. 2a.] [APPLICATION.] 
           Section 73 applies only to land use plans adopted or 
        amended by the governing body in relation to aggregate or when 
        the governing body is presented with a written application for 
        adoption or amendment of a land use plan relating to aggregate, 
        from a landowner after August 1, 2001, in the counties of Anoka, 
        Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
           Sec. 75.  Laws 1997, chapter 159, article 2, section 4, is 
        amended to read: 
           Sec. 4.  [DEMONSTRATION PROGRAM PERFORMANCE-BASED FUNDING 
        PROGRAM FOR CERTAIN PROVIDERS.] 
           Notwithstanding Minnesota Statutes, section 473.384, 
        subdivision 6, regarding percentages of total operating costs to 
        be subsidized by the metropolitan council, until June 30, 2001, 
        the metropolitan council may establish the appropriate 
        percentage operating subsidy to be granted to individual 
        recipients under the subdivision.  The metropolitan council must 
        establish the percentage annually, based on available transit 
        funds and the council's determination of a reasonable subsidy 
        per passenger trip in comparison to similar transit or 
        paratransit service in the metropolitan area.  The council may 
        provide a subsidy up to 100 percent of a recipient's operating 
        costs for all or any portion of the transit or paratransit 
        service and may require recipients to pay up to 100 41.5 percent 
        of their own operating costs for all or any portion of the 
        service.  
           Sec. 76.  [REPEALER.] 
           Minnesota Statutes 2000, section 174.22, subdivision 9, is 
        repealed. 
           Sec. 77.  [EFFECTIVE DATE.] 
           Unless any particular section specifies otherwise, the 
        sections in this article are effective July 1, 2001. 

                                   ARTICLE 3
                                  DESIGN-BUILD
           Section 1.  [161.3410] [DESIGN-BUILD CONTRACTS; 
        DEFINITIONS.] 
           Subdivision 1.  [SCOPE.] The terms used in sections 
        161.3410 to 161.3428 have the meanings given in this section. 
           Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of transportation. 
           Subd. 3.  [DESIGN-BUILD CONTRACT.] "Design-build contract" 
        means a single contract between the department of transportation 
        and a design-build company or firm to furnish the architectural 
        or engineering and related design services as well as the labor, 
        material, supplies, equipment, and construction services for the 
        transportation project. 
           Subd. 4.  [DESIGN-BUILD FIRM.] "Design-build firm" means a 
        proprietorship, partnership, limited liability partnership, 
        joint venture, corporation, any type of limited liability 
        company, professional corporation, or any legal entity. 
           Subd. 5.  [DESIGN PROFESSIONAL.] "Design professional" 
        means a person who holds a license under chapter 326 that is 
        required to be registered under Minnesota law. 
           Subd. 6.  [DESIGN-BUILD TRANSPORTATION 
        PROJECT.] "Design-build transportation project" means the 
        procurement of both the design and construction of a 
        transportation project in a single contract with a company or 
        companies capable of providing the necessary engineering 
        services and construction. 
           Subd. 7.  [DESIGN-BUILDER.] "Design-builder" means the 
        design-build firm that proposes to design and build a 
        transportation project governed by the procedures of this 
        section. 
           Subd. 8.  [REQUEST FOR PROPOSALS OR RFP.] "Request for 
        proposals" or "RFP" means the document by which the commissioner 
        solicits proposals from prequalified design-build firms to 
        design and construct the transportation project. 
           Subd. 9.  [REQUEST FOR QUALIFICATIONS OR RFQ.] "Request for 
        qualifications" or "RFQ" means a document to prequalify and 
        short-list potential design-build firms. 
           Sec. 2.  [161.3412] [DESIGN-BUILD AUTHORITY.] 
           Subdivision 1.  [BEST VALUE SELECTION.] Notwithstanding 
        sections 16C.25, 161.32, and 161.321, or any other law to the 
        contrary, the commissioner may solicit and award a design-build 
        contract for a project on the basis of a best value selection 
        process.  Section 16C.08 does not apply to design-build 
        contracts to which the commissioner is a party. 
           Subd. 2.  [COMPETITIVE, OPEN PROCESS.] Sections 161.3410 to 
        161.3428 apply only to transportation projects using the 
        two-step competitive process utilizing public solicitation for 
        design-build services. 
           Subd. 3.  [RESTRICTION; REPORTS.] (a) The number of 
        design-build contracts awarded by the commissioner in any fiscal 
        year may not exceed ten percent of the total number of 
        transportation construction contracts awarded by the 
        commissioner in the previous fiscal year. 
           (b) The commissioner shall notify the chairs of the senate 
        and house of representatives committees with jurisdiction over 
        transportation policy and transportation finance each time the 
        commissioner decides to use the design-build method of 
        procurement and explain why that method was chosen.  
           Subd. 4.  [MUNICIPAL CONSENT.] Use of the design-build 
        method of state transportation project delivery is subject to 
        state law concerning municipal consent to highways in 
        municipalities. 
           Sec. 3.  [161.3414] [DETERMINATION TO USE DESIGN-BUILD 
        SELECTION METHOD.] 
           Subdivision 1.  [GENERAL CRITERIA.] A design-build 
        contracting procedure authorized under sections 161.3410 to 
        161.3428 may be used for a specific project only after the 
        commissioner determines that awarding a design-build contract 
        will serve the public interest. 
           Subd. 2.  [SPECIFIC CRITERIA.] The commissioner shall use 
        the following criteria as the minimum basis for determining when 
        to use the design-build method of project delivery: 
           (1) the extent to which it can adequately define the 
        project requirements in a proposed scope of the design and 
        construction desired; 
           (2) the time constraints for delivery of the project; 
           (3) the capability and experience of potential contractors 
        with the design-build method of project delivery or similar 
        experience; 
           (4) the suitability of the project for use of the 
        design-build method of project delivery with respect to time, 
        schedule, costs, and quality factors; 
           (5) the capability of the department of transportation to 
        manage the project, including the employment of experienced 
        personnel or outside consultants; 
           (6) the capability of the department of transportation to 
        oversee the project with individuals or design-build firms who 
        are familiar and experienced with the design-build method of 
        project delivery or similar experience; 
           (7) the lack of ability and availability of any current 
        state employee to perform the services called for by the 
        contract; 
           (8) the original character of the product or the services; 
           (9) the work to be performed on the project is necessary to 
        the agency's achievement of its statutory responsibilities and 
        there is statutory authority to enter into the contract; and 
           (10) other criteria the commissioner deems relevant and 
        states in writing in its determination to utilize the 
        design-build method of project delivery. 
           Sec. 4.  [161.3416] [DESIGN-BUILD NOTICE; REPORT.] 
           Subdivision 1.  [SUMMARY REPORT OF REASONS FOR 
        DETERMINATION.] The commissioner shall summarize in a written 
        statement its reasons for using the design-build construction 
        contracting procedure.  This statement, along with other 
        relevant information describing the project, must be made 
        available upon request to interested parties. 
           Subd. 2.  [FINAL DETERMINATION AUTHORITY.] Final 
        determination to use a design-build construction contracting 
        procedure may be made only by the commissioner. 
           Sec. 5.  [161.3418] [LICENSING REQUIREMENTS.] 
           Subdivision 1.  [LICENSED PROFESSIONAL REQUIRED.] Each 
        design-builder shall employ, or have as a partner, member, 
        officer, coventurer, or subcontractor a person duly licensed and 
        registered to provide the design services required to complete 
        the project and do business in the state. 
           Subd. 2.  [CONTRACTING FOR LICENSED PROFESSIONAL.] A 
        design-builder may enter into a contract to provide professional 
        or construction services for a project that the design-builder 
        is not licensed, registered, or qualified to perform, so long as 
        the design-builder provides those services through 
        subcontractors with duly licensed, registered, or otherwise 
        qualified individuals in accordance with sections 161.3410 to 
        161.3428. 
           Subd. 3.  [LIABILITY.] (a) Nothing in this section 
        authorizing design-build contracts is intended to limit or 
        eliminate the responsibility or liability owed by a professional 
        on a design-build project to the state, county, or city, or 
        other third parties under existing law. 
           (b) The design service portion of a design-build contract 
        must be considered a service and not a product. 
           Sec. 6.  [161.3420] [DESIGN-BUILD RFQ; SELECTION TEAM; 
        EVALUATION.] 
           Subdivision 1.  [TWO-PHASE PROCEDURE.] If the commissioner 
        determines that the design-build best value method of project 
        delivery is appropriate for a project, the commissioner shall 
        establish a two-phase procedure for awarding the design-build 
        contract, as described in this subdivision and section 161.3422. 
           Subd. 2.  [TECHNICAL REVIEW COMMITTEE.] During the 
        phase-one request for qualifications (RFQ) and before 
        solicitation, the commissioner shall appoint a technical review 
        committee of at least five individuals.  The technical review 
        committee must include an individual whose name and 
        qualifications are submitted to the commissioner by the 
        Minnesota chapter of the Associated General Contractors, after 
        consultation with other commercial contractor associations in 
        the state.  Members of the technical review committee who are 
        not state employees are subject to the Minnesota Government Data 
        Practices Act and section 16C.06 to the same extent that state 
        agencies are subject to those provisions.  A technical review 
        committee member may not participate in the review or discussion 
        of responses to a request for qualifications or request for 
        proposals when the member has a financial interest in any of the 
        design-build firms that respond to that request for 
        qualifications or request for proposals.  "Financial interest" 
        includes, but is not limited to, being or serving as an owner, 
        employee, partner, limited liability partner, shareholder, joint 
        venturer, family member, officer, or director of a design-build 
        firm responding to a request for qualifications or request for 
        proposals for a specific project, or having any other economic 
        interest in that design-build firm.  The members of the 
        technical review committee must be treated as state employees in 
        the event of litigation resulting from any action arising out of 
        their service on the committee. 
           Subd. 3.  [CONTENTS.] The commissioner shall prepare or 
        have prepared a request for qualifications.  The request for 
        qualifications must include the following: 
           (1) the minimum qualifications of design-builders necessary 
        to meet the requirements for acceptance; 
           (2) a scope of work statement and schedule; 
           (3) documents defining the project requirements; 
           (4) the form of contract to be awarded; 
           (5) the weighted selection criteria for compiling a short 
        list and the number of firms to be included in the short list, 
        which must be at least two but not more than five; 
           (6) a description of the RFP requirements; 
           (7) the maximum time allowed for design and construction; 
           (8) the commissioner's estimated cost of design and 
        construction; 
           (9) requirements for construction experience, design 
        experience, financial, personnel, and equipment resources 
        available from potential design-builders for the project and 
        experience in other design-build transportation projects or 
        similar projects, provided that these requirements may not 
        unduly restrict competition; and 
           (10) a statement that "past performance" or "experience" 
        does not include the exercise or assertion of a person's legal 
        rights. 
           Subd. 4.  [EVALUATION.] The selection team shall evaluate 
        the design-build qualifications of responding firms and shall 
        compile a short list of no more than five most highly qualified 
        firms in accordance with qualifications criteria described in 
        the RFQ.  If only one design-build firm responds to the RFQ or 
        remains on the short list, the commissioner may readvertise or 
        cancel the project as the commissioner deems necessary. 
           Sec. 7.  [161.3422] [RFP FOR DESIGN-BUILD.] 
           During phase two, the commissioner shall issue a request 
        for proposals (RFP) to the design-builders on the short list.  
        The request must include: 
           (1) the scope of work, including (i) performance and 
        technical requirements, (ii) conceptual design, (iii) 
        specifications, and (iv) functional and operational elements for 
        the delivery of the completed project, which must be prepared by 
        a registered or licensed professional engineer; 
           (2) a description of the qualifications required of the 
        design-builder and the selection criteria, including the weight 
        or relative order, or both, of each criterion; 
           (3) copies of the contract documents that the successful 
        proposer will be expected to sign; 
           (4) the maximum time allowable for design and construction; 
           (5) the road authority's estimated cost of design and 
        construction; 
           (6) the requirement that a submitted proposal be segmented 
        into two parts, a technical proposal and a price proposal; 
           (7) the requirement that each proposal be in a separately 
        sealed, clearly identified package and include the date and time 
        of the submittal deadline; 
           (8) the requirement that the technical proposal include a 
        critical path method; bar schedule of the work to be performed, 
        or similar schematic; design plans and specifications; technical 
        reports; calculations; permit requirements; applicable 
        development fees; and other data requested in the request for 
        proposals; 
           (9) the requirement that the price proposal contain all 
        design, construction, engineering, inspection, and construction 
        costs of the proposed project; 
           (10) the date, time, and location of the public opening of 
        the sealed price proposals; and 
           (11) other information relevant to the project. 
           Sec. 8.  [161.3424] [REPLACING TEAM MEMBERS.] 
           An individual or a design-build firm identified in a 
        response to a request for qualifications or a request for 
        proposals may not be replaced without the written approval of 
        the commissioner.  The commissioner may revoke an awarded 
        contract if an individual or a design-build firm identified in a 
        response to an RFQ or RFP is replaced without the commissioner's 
        written approval.  To qualify for the commissioner's approval, 
        the written request must document that the proposed replacement 
        individual or design-build firm will be equal to or better than 
        that described in the response to the request for qualifications 
        or request for proposals.  The commissioner shall use the 
        criteria specified in the request for qualifications or request 
        for proposals to evaluate the request. 
           Sec. 9.  [161.3426] [DESIGN-BUILD AWARD.] 
           Subdivision 1.  [AWARD; COMPUTATION; ANNOUNCEMENT.] Except 
        as provided in subdivision 2, a design-build contract shall be 
        awarded as follows: 
           (a) The technical review committee shall score the 
        technical proposals using the selection criteria in the request 
        for proposals (RFP).  The technical review committee shall then 
        submit a technical proposal score for each design-builder to the 
        commissioner.  The technical review committee shall reject any 
        proposal it deems nonresponsive. 
           (b) The commissioner shall announce the technical proposal 
        score for each design-builder and shall publicly open the sealed 
        price proposals and shall divide each design-builder's price by 
        the technical score that the technical review committee has 
        given to it to obtain an adjusted score.  The design-builder 
        selected must be that responsive and responsible design-builder 
        whose adjusted score is the lowest. 
           (c) If a time factor is included with the selection 
        criteria in the request for proposals package, the commissioner 
        may also adjust the bids using a value of the time factor 
        established by the commissioner.  The value of the time factor 
        must be expressed as a value per day.  The adjustment must be 
        based on the total time value.  The total time value is the 
        design-builder's total number of days to complete the project 
        multiplied by the factor.  The time-adjusted price is the total 
        time value plus the bid amount.  This adjustment must be used 
        for selection purposes only, and must not affect the department 
        of transportation's liquidated damages schedule or incentive or 
        disincentive program.  An adjusted score must then be obtained 
        by dividing each design-builder's time-adjusted price by the 
        score given by the technical review team.  The commissioner 
        shall select the responsive and responsible design-builder whose 
        adjusted score is the lowest. 
           (d) Unless all proposals are rejected, the commissioner 
        shall award the contract to the responsive and responsible 
        design-builder with the lowest adjusted score.  The commissioner 
        shall reserve the right to reject all proposals. 
           Subd. 2.  [ALTERNATIVE PROCESS FOR CERTAIN CONTRACTS.] (a) 
        The commissioner may elect to use the process in paragraph (b) 
        for a design-build contract for a project with an estimated 
        project cost of less than $5,000,000. 
           (b) The commissioner shall give the lowest cost proposal 
        the full number of price points defined in the request for 
        proposals.  The commissioner shall award each of the other 
        proposals a percentage of the price points based on a ratio of 
        the lowest price divided by the responder's price.  The 
        commissioner shall add the technical score and price score and 
        award the contract to the responder with the highest total score.
           Subd. 3.  [STIPULATED FEE.] The commissioner shall award a 
        stipulated fee not less than two-tenths of one percent of the 
        department's estimated cost of design and construction to each 
        short-listed, responsible proposer who provides a responsive but 
        unsuccessful proposal.  If the commissioner does not award a 
        contract, all short-listed proposers must receive the stipulated 
        fee.  If the commissioner cancels the contract before reviewing 
        the technical proposals, the commissioner shall award each 
        design-builder on the short list a stipulated fee of not less 
        than two-tenths of one percent of the commissioner's estimated 
        cost of design and construction.  The commissioner shall pay the 
        stipulated fee to each proposer within 90 days after the award 
        of the contract or the decision not to award a contract.  In 
        consideration for paying the stipulated fee, the commissioner 
        may use any ideas or information contained in the proposals in 
        connection with any contract awarded for the project or in 
        connection with a subsequent procurement, without any obligation 
        to pay any additional compensation to the unsuccessful proposers.
        Notwithstanding the other provisions of this subdivision, an 
        unsuccessful short-list proposer may elect to waive the 
        stipulated fee.  If an unsuccessful short-list proposer elects 
        to waive the stipulated fee, the commissioner may not use ideas 
        and information contained in that proposer's proposal.  Upon the 
        request of the commissioner, a proposer who waived a stipulated 
        fee may withdraw the waiver, in which case the commissioner 
        shall pay the stipulated fee to the proposer and thereafter may 
        use ideas and information in the proposer's proposal. 
           Subd. 4.  [LOW-BID DESIGN-BUILD PROCESS.] (a) The 
        commissioner may also use low-bid, design-build procedures to 
        award a design-build contract where the scope of the work can be 
        clearly defined. 
           (b) Low-bid design-build projects may require an RFQ and 
        short-listing, and must require an RFP. 
           (c) Submitted proposals under this subdivision must include 
        separately a technical proposal and a price proposal.  The 
        low-bid, design-build procedures must follow a two-step process 
        for review of the responses to the RFP as follows:  
           (1) The first step is the review of the technical proposal 
        by the technical review committee as provided in section 
        161.3420, subdivision 2.  The technical review committee must 
        open the technical proposal first and must determine if it 
        complies with the requirements of the RFP and is responsive.  
        The technical review committee may not perform any ranking or 
        scoring of the technical proposals.  
           (2) The second step is the determination of the low bidder 
        based on the price proposal.  The commissioner may not open the 
        price proposal until the review of the technical proposal is 
        complete. 
           (d) The contract award under low-bid, design-build 
        procedures must be made to the proposer whose sealed bid is 
        responsive to the technical requirements as determined by the 
        technical review committee and that is also the lowest bid. 
           (e) A stipulated fee may be paid for unsuccessful bids on 
        low-bid, design-build projects only when the commissioner has 
        required an RFQ and short-listed the most highly qualified 
        responsive bidders.  
           Subd. 5.  [REJECTION OF BIDS.] The commissioner may reject 
        all bids under this section. 
           Sec. 10.  [161.3428] [LIST OF DESIGN-BUILD CONTRACTS.] 
           Beginning September 1, 2002, and every subsequent year on 
        September 1, the commissioner shall submit to the governor, to 
        the chairs of the house ways and means and senate finance 
        committees, to the chairs of the house and senate committees 
        having jurisdiction over transportation policy and finance, and 
        the legislative reference library, a yearly listing of all 
        executed design-build contracts.  The report must identify the 
        contractor, contract amount, duration, and services to be 
        provided.  The list and summary must: 
           (1) be sorted by contractor; 
           (2) show the aggregate value of contracts issued by the 
        commissioner of transportation and issued to each contractor; 
        and 
           (3) state the termination date of each contract. 
           Sec. 11.  [EFFECTIVE DATE.] 
           Sections 1 to 10 are effective the day following final 
        enactment. 

                                   ARTICLE 4
                        CRIMINAL JUSTICE APPROPRIATIONS 
        Section 1.  [APPROPRIATIONS.] 
           The sums shown in the columns marked "APPROPRIATIONS" are 
        appropriated from the general fund, or another named fund, to 
        the agencies and for the purposes specified in this article, to 
        be available for the fiscal years indicated for each purpose.  
        The figures "2002" and "2003," where used in this article, mean 
        that the appropriations listed under them are available for the 
        year ending June 30, 2002, or June 30, 2003, respectively.  The 
        term "first year" means the year ending June 30, 2002, and the 
        term "second year" means the year ending June 30, 2003. 
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  2002         2003 
        Sec. 2.  SUPREME COURT 
        Subdivision 1.  Total 
        Appropriation                       $ 37,561,000   $ 39,891,000
        [APPROPRIATIONS FOR PROGRAMS.] The 
        amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Supreme Court Operations 
             4,985,000      5,444,000
        [CONTINGENT ACCOUNT.] $5,000 each year 
        is for a contingent account for 
        expenses necessary for the normal 
        operation of the court for which no 
        other reimbursement is provided. 
        Subd. 3.  Civil Legal Services
             7,734,000      7,734,000
        [LEGAL SERVICES TO LOW-INCOME CLIENTS 
        AND FAMILY LAW LEGAL ASSISTANCE.] This 
        appropriation is for legal services to 
        low-income clients and for family farm 
        legal assistance under Minnesota 
        Statutes, section 480.242.  Any 
        unencumbered balance remaining in the 
        first year does not cancel but is 
        available for the second year.  A 
        qualified legal services program, as 
        defined in Minnesota Statutes, section 
        480.24, subdivision 3, may provide 
        legal services to persons eligible for 
        family farm legal assistance under 
        Minnesota Statutes, section 480.242.  
        [LEGAL SERVICES TO LOW-INCOME CLIENTS 
        IN FAMILY LAW MATTERS.] Of this 
        appropriation, $877,000 each year is to 
        improve the access of low-income 
        clients to legal representation in 
        family law matters.  This appropriation 
        must be distributed under Minnesota 
        Statutes, section 480.242, to the 
        qualified legal services programs 
        described in Minnesota Statutes, 
        section 480.242, subdivision 2, 
        paragraph (a).  Any unencumbered 
        balance remaining in the first year 
        does not cancel and is available for 
        the second year. 
        Subd. 4.  State Court Administration 
            22,815,000     24,570,000
        [JUDICIAL BRANCH TRANSFORMATION AND 
        INFRASTRUCTURE.] $1,054,000 the first 
        year and $1,905,000 the second year are 
        for judicial branch transformation and 
        infrastructure.  
        [CONTINUE REDEVELOPMENT OF COURT 
        INFORMATION SYSTEM.] $7,500,000 each 
        year is to continue redevelopment of 
        the court information system to be used 
        by all counties to integrate court 
        information with other criminal justice 
        information.  Of this amount, $225,000 
        the first year must be transferred to 
        the board of public defense for 
        hardware and software necessary to 
        redesign information systems to 
        accommodate changes to the criminal 
        justice information system.  This is a 
        onetime transfer.  This appropriation 
        may not be used for any other purpose.  
        Any unencumbered balances remaining 
        from the first year do not cancel but 
        are available for the second year. 
        This appropriation is available only 
        pursuant to a budget approved by the 
        criminal and juvenile justice 
        information policy group that is 
        consistent with technology and project 
        management analyses of the office of 
        technology. 
        Up to 20 percent of this appropriation 
        may be released on July 1, 2001.  The 
        remaining funds shall be released upon 
        approval of the criminal and juvenile 
        justice information policy group, under 
        advisement from the office of 
        technology.  The policy group shall 
        approve the release of funding for each 
        project to ensure (1) that the project 
        is in compliance with the statewide 
        criminal justice information system 
        standards, (2) that each project 
        remains feasible according to plans 
        established pursuant to Minnesota 
        Statutes, sections 16E.04, subdivision 
        3, and 299C.65, subdivision 6 or 7, or 
        that an updated plan has been approved 
        by the policy group and the project is 
        progressing according to the revised 
        plan, (3) that the project is fully 
        integrated with existing information 
        and communications networks, and (4) 
        that it complies with technology 
        standards and protocols established by 
        the office of technology for statewide 
        connectivity and interoperability. 
        Subd. 5.  Law Library Operations 
             2,027,000      2,143,000
        [LEGAL RESEARCH MATERIAL INFLATION.] 
        $80,000 the first year and $90,000 the 
        second year are for legal research 
        material inflation.  
        Sec. 3.  COURT OF APPEALS              7,580,000      8,113,000
        [LEGAL RESEARCH ASSISTANCE.] $172,000 
        the first year and $158,000 the second 
        year are for legal research assistance. 
        Sec. 4.  DISTRICT COURTS             118,470,000    128,842,000
        [CARLTON COUNTY EXTRAORDINARY 
        EXPENSES.] $300,000 the first year is 
        to reimburse Carlton county for 
        extraordinary expenses related to 
        homicide trials.  This is a onetime 
        appropriation. 
        [NEW JUDGE UNITS.] $774,000 the first 
        year and $1,504,000 the second year are 
        for an increase in judgeship units, 
        including one trial court judge unit 
        beginning October 1, 2001, in the tenth 
        judicial district, one trial court 
        judge unit beginning April 1, 2002, in 
        the third judicial district, one trial 
        court judge unit beginning July 1, 
        2002, in the tenth judicial district, 
        one trial court judge unit beginning 
        January 1, 2003, in the seventh 
        judicial district, and one trial court 
        judge unit beginning January 1, 2003, 
        in the first judicial district.  Each 
        judge unit consists of a judge, law 
        clerk, and court reporter. 
        [ALTERNATIVE DISPUTE RESOLUTION 
        PROGRAMS.] A portion of this 
        appropriation may be used for the 
        alternative dispute resolution programs 
        authorized by article 5, section 18.  
        [SUPPLEMENTAL FUNDING FOR CERTAIN 
        MANDATED COSTS.] $4,533,000 the first 
        year and $6,032,000 the second year are 
        to supplement funding for guardians ad 
        litem, interpreters, rule 20 and civil 
        commitment examinations, and in forma 
        pauperis costs in the fifth, seventh, 
        eighth, and ninth judicial districts. 
        [TRIAL COURT INFRASTRUCTURE STAFF.] 
        $684,000 the first year and $925,000 
        the second year are for infrastructure 
        staff.  
        [COURT EFFECTIVENESS INITIATIVES; 
        COMMUNITY COURTS AND SCREENER 
        COLLECTORS.] $835,000 the first year 
        and $765,000 the second year are for 
        court effectiveness initiatives.  Of 
        this amount, $125,000 each year is for 
        continued funding of the community 
        court in the fourth judicial district 
        and $125,000 each year is for continued 
        funding of the community court in the 
        second judicial district.  These are 
        onetime appropriations. 
        The second judicial district and fourth 
        judicial district shall each report 
        quarterly to the chairs and ranking 
        minority members of the legislative 
        committees and divisions with 
        jurisdiction over criminal justice 
        funding on: 
        (1) how money appropriated for this 
        initiative was spent; and 
        (2) the cooperation of other criminal 
        justice agencies and county units of 
        government in the community courts' 
        efforts. 
        The first report is due on October 1, 
        2001.  None of this appropriation may 
        be used for the purpose of complying 
        with these reporting requirements.  
        Of this amount, $585,000 the first year 
        and $515,000 the second year are for 
        screener collector programs. 
        The fifth, seventh, and ninth judicial 
        district courts shall implement 
        screener collector programs to enhance 
        the collection of overdue fine revenue 
        by at least ten percent in each 
        location serviced by a screener 
        collector.  By August 15, 2002, and 
        annually thereafter, the state court 
        administrator shall report to the 
        chairs and ranking minority members of 
        the house of representatives and senate 
        committees with jurisdiction over 
        criminal justice policy and funding 
        issues on the total amount of fines 
        collected, the amount of overdue fines 
        collected for the two preceding fiscal 
        years, and the expenditures associated 
        with the screener collector program. 
        [NINTH DISTRICT CUSTODY AND SUPPORT 
        PILOT PROJECTS.] Up to $99,000 each 
        year may be used for the ninth judicial 
        district to implement the pilot 
        projects on the six-month review of 
        child custody, parenting time, and 
        support orders, and on the accounting 
        for child support by obligees.  
        Sec. 5.  BOARD ON JUDICIAL  
        STANDARDS                                245,000        252,000
        Sec. 6.  TAX COURT                       735,000        751,000
        Sec. 7.  HUMAN RIGHTS                  4,032,000      4,148,000 
        [CASELOAD ANALYSIS.] The commissioner 
        of human rights must conduct a 
        comparative analysis of the caseloads 
        of human rights departments in the 
        other states.  By February 15, 2002, 
        the commissioner must report to the 
        chairs and ranking minority members of 
        the house of representatives and senate 
        committees having jurisdiction over 
        judiciary finance issues on the 
        analysis and must propose budget 
        recommendations to make the caseloads 
        in the Minnesota department of human 
        rights consistent with other states. 
        Sec. 8.  UNIFORM LAWS COMMISSION          39,000         40,000 
        Sec. 9.  CRIME VICTIM 
        OMBUDSMAN                                400,000        411,000
        Sec. 10.  PUBLIC SAFETY
        Subdivision 1.  Total 
        Appropriation                         88,001,000     84,299,000
                      Summary by Fund
                                2002          2003
        General             84,919,000    81,195,000 
        Special Revenue      2,674,000     2,687,000 
        State Government 
        Special Revenue          7,000         7,000  
        Environmental           47,000        49,000  
        Trunk Highway          354,000       361,000   
        [APPROPRIATIONS FOR PROGRAMS.] The 
        amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        [DWI PENALTY FUNDS.] The commissioners 
        of public safety and transportation 
        must jointly report annually to the 
        chairs and ranking minority members of 
        the house of representatives and senate 
        committees having jurisdiction over 
        transportation and public safety 
        finance issues on the expenditure of 
        any federal funds available under the 
        repeat offender transfer program, 
        Public Law Number 105-206, section 164. 
        Subd. 2.  Emergency Management
                      Summary by Fund
        General              7,198,000    3,835,000
        Environmental           47,000       49,000
        [MATCHING FUNDS BASE BUDGET.] Beginning 
        in fiscal year 2004, the budget for the 
        state match of federal disaster 
        assistance money under Minnesota 
        Statutes, section 12.221, is $5,000,000 
        each year. 
        [GRANITE FALLS TORNADO ASSISTANCE.] 
        $3,000,000 the first year is for a 
        grant to the city of Granite Falls to 
        assist with tornado-related costs that 
        are not eligible for reimbursement 
        under the Federal Emergency Management 
        Agency (FEMA) disaster relief programs, 
        including acquisition and cleanup costs 
        of ineligible properties; costs of lost 
        interest earnings; and costs of damage 
        assessment, repair, replacement, 
        extension, or improvement of publicly 
        owned wastewater and municipal utility 
        services and drinking water systems, 
        and is available until June 30, 2003.  
        Up to $500,000 of this appropriation 
        may be used for Project Turnabout.  
        [FLOOD RECOVERY FUNDING.] $400,000 the 
        first year is for grants to the cities 
        of Ada, Breckenridge, East Grand Forks, 
        and Warren.  Of that amount, $174,200 
        is to reimburse Ada for bond interest 
        expenses in connection with temporary 
        financing in anticipation of financing 
        by FEMA for 1997 flood recovery work in 
        that city.  $60,000 is to reimburse 
        Breckenridge, $127,400 is to reimburse 
        East Grand Forks, and $38,400 is to 
        reimburse Warren for lost interest in 
        connection with expenditures in 
        anticipation of financing by FEMA for 
        1997 flood recovery work in those 
        cities. 
        [CHEMICAL ASSESSMENT TEAMS.] The 
        commissioner must convert three of the 
        combination hazardous materials 
        emergency response/chemical assessment 
        teams to stand-alone chemical 
        assessment teams.  The remaining 
        combination team must be based in St. 
        Paul.  The commissioner must also 
        establish one additional stand-alone 
        chemical assessment team.  The 
        commissioner must staff all stand-alone 
        chemical assessment teams in a manner 
        that ensures up to four people per team 
        are available for response. 
        [BOMB DISPOSAL UNITS.] $50,000 each 
        year is for training and equipment for 
        bomb disposal units. 
        $60,000 each year must be reallocated 
        within the base budget to reimburse 
        bomb disposal units under Minnesota 
        Statutes, section 299C.063. 
        Subd. 3.  Criminal Apprehension 
                      Summary by Fund
        General              33,450,000   33,736,000
        Special Revenue         544,000      557,000
        State Government
        Special Revenue           7,000        7,000
        Trunk Highway           354,000      361,000
        [COOPERATIVE INVESTIGATION OF 
        CROSS-JURISDICTIONAL CRIMINAL 
        ACTIVITY.] $99,000 each year from the 
        bureau of criminal apprehension account 
        in the special revenue fund is for 
        grants to local officials for the 
        cooperative investigation of 
        cross-jurisdictional criminal 
        activity.  Any unencumbered balance 
        remaining in the first year does not 
        cancel but is available for the second 
        year. 
        [LABORATORY ACTIVITIES.] $445,000 in 
        the first year and $458,000 the second 
        year from the bureau of criminal 
        apprehension account in the special 
        revenue fund are for laboratory 
        activities. 
        [DWI LAB ANALYSIS; GENERAL FUND.] 
        $1,332,000 the first year and 
        $1,357,000 the second year from the 
        general fund are for laboratory 
        analysis related to driving while 
        impaired cases. 
        [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
        Notwithstanding Minnesota Statutes, 
        section 161.20, subdivision 3, $354,000 
        the first year and $361,000 the second 
        year from the trunk highway fund are 
        for laboratory analysis related to 
        driving while impaired cases. 
        [CRIMNET POLICY GROUPS; NEW POSITIONS.] 
        $750,000 each year is for new positions 
        to support the criminal and juvenile 
        justice information policy group in 
        fulfilling its responsibilities 
        relating to criminal justice 
        information system improvements. 
        [CRIMNET BACKBONE.] $2,000,000 each 
        year is for the planning, development, 
        and implementation of an integration 
        backbone consistent with the criminal 
        justice information architecture 
        (CriMNet). 
        [CRIMNET; LOCAL PLANNING AND 
        IMPLEMENTATION.] $1,500,000 the first 
        year and $1,500,000 the second year are 
        onetime appropriations for grants under 
        Minnesota Statutes, section 299C.65, 
        subdivisions 6 and 7, to plan and 
        implement for criminal justice 
        information integration and are 
        available until June 30, 2003. 
        Notwithstanding Minnesota Statutes, 
        section 16A.28, appropriations 
        encumbered under contract on or before 
        June 30 each year are available until 
        the following June 30. 
        [CRIMNET; FEDERAL FUNDS.] Any federal 
        funds received under the Crime 
        Identification Technology Act must be 
        distributed under the same criteria and 
        for the same purposes as grants under 
        Minnesota Statutes, section 299C.65, 
        subdivision 7, to implement criminal 
        justice information integration plans 
        for entities that have completed 
        integration plans under Minnesota 
        Statutes, section 299C.65, subdivision 
        6.  Within those criteria, the funds 
        must be distributed as recommended by 
        the criminal and juvenile justice 
        information policy group established 
        under Minnesota Statutes, section 
        299C.65, subdivision 1.  The 
        commissioner must attempt to acquire 
        additional federal funds under the 
        Crime Identification Technology Act and 
        any other similar federal funds for 
        these and related purposes. 
        [CRIMNET; SUSPENSE FILE REDUCTIONS.] 
        $1,000,000 each year is for the CriMNet 
        project component to work on 
        eliminating records currently in the 
        criminal history suspense file and to 
        assist local agencies in changing their 
        business practices to prevent 
        inaccurate and incomplete data from 
        being submitted.  In utilizing this 
        appropriation, the commissioner must 
        have the goal of reducing the number of 
        dispositions entering the suspense file 
        from the current, approximately 50 
        percent to 30 percent in the first 
        year, 20 percent the second year, and 
        ten percent in future years.  
        Additionally, the commissioner must 
        have the goal of reducing the existing 
        suspense file by 50 percent the first 
        year and 90 percent the second year.  
        This appropriation must not be used for 
        any other purpose. 
        [CRIMNET; POLICY GROUP BUDGET 
        APPROVAL.] Appropriations in this 
        article related to the criminal and 
        juvenile justice information policy 
        group, the CriMNet integration 
        backbone, criminal justice information 
        integration plans, and the elimination 
        or prevention of suspense file records 
        are available only pursuant to a budget 
        approved by the criminal and juvenile 
        justice information policy group that 
        is consistent with technology and 
        project management analyses of the 
        office of technology. Up to 20 percent 
        of these appropriations may be released 
        on July 1, 2001.  The remaining funds 
        shall be released upon approval of the 
        criminal and juvenile justice 
        information policy group, under 
        advisement from the office of 
        technology.  The policy group shall 
        approve the release of funding for each 
        project to ensure (1) that the project 
        is in compliance with the statewide 
        criminal justice information system 
        standards, (2) that each project 
        remains feasible according to plans 
        established pursuant to Minnesota 
        Statutes, sections 16E.04, subdivision 
        3, and 299C.65, subdivision 6 or 7, or 
        that an updated plan has been approved 
        by the policy group and the project is 
        progressing according to the revised 
        plan, (3) that the project is fully 
        integrated with existing information 
        and communications networks, and (4) 
        that it complies with technology 
        standards and protocols established by 
        the office of technology for statewide 
        connectivity and interoperability. 
        [OVERTIME EXPENSES.] $150,000 the first 
        year and $150,000 the second year are 
        for overtime expenses. 
        Subd. 4.  Fire Marshal 
             3,280,000      3,363,000
        Subd. 5.  Alcohol and Gambling Enforcement
             1,822,000      1,864,000
        Subd. 6.  Crime Victim Services Center
            32,227,000     32,261,000
        [UNENCUMBERED BALANCES.] Any 
        unencumbered balances remaining in the 
        first year do not cancel but are 
        available for the second year. 
        [PER DIEM FUNDING FOR SHELTERS.] 
        $1,000,000 each year is a onetime 
        appropriation for an increase in per 
        diem funding for shelters under 
        Minnesota Statutes, section 611A.32, 
        and for safe homes.  Per diem funds 
        under this section shall be available 
        only for shelter and safe home programs 
        designated by the center as of June 30, 
        2001.  
        [PROHIBITION ON USE OF FUNDING FOR NEW 
        SHELTERS OR SAFE HOMES.] None of this 
        appropriation shall be used to fund 
        construction of new shelters or safe 
        homes. 
        [GRANTS FOR SUPPORT SERVICES FOR 
        CERTAIN VICTIMS.] $75,000 each year is 
        for grants to the city of St. Paul to 
        provide support services to the 
        surviving family members of homicide, 
        suicide, and accidental death victims.  
        If funds are available, the 
        commissioner may expand the grants to 
        other cities or counties.  Grant 
        recipients must provide a 25 percent 
        match.  The commissioner must report to 
        the chairs and ranking minority members 
        of the house and senate committees 
        having jurisdiction over criminal 
        justice funding and policy by January 
        15, 2002, on the specific services 
        provided under these grants, the 
        outcomes achieved, and the number of 
        persons served. 
        Subd. 7.  Law Enforcement 
        and Community Grants
                      Summary by Fund
        General               6,942,000     6,136,000
        Special Revenue       2,130,000     2,130,000
        [UNENCUMBERED BALANCES.] Any 
        unencumbered balances remaining in the 
        first year do not cancel but are 
        available for the second year. 
        [ENCUMBERED BALANCES.] Notwithstanding 
        Minnesota Statutes, section 16A.28, 
        appropriations encumbered under 
        contract on or before June 30 each year 
        are available until the following June 
        30. 
        [SPECIAL REVENUE; RACIAL PROFILING.] 
        The appropriation from the special 
        revenue account must be spent according 
        to article 7, section 14. 
        [FUNDING TO COMBAT METHAMPHETAMINE 
        TRAFFICKING AND PRODUCTION.] $471,000 
        the first year is a onetime 
        appropriation for grants under 
        Minnesota Statutes, section 299C.065, 
        subdivision 1, clause (1), including 
        grants to the bureau of criminal 
        apprehension for increased law 
        enforcement costs relating to 
        methamphetamine trafficking and 
        production.  Grant recipients must be 
        chosen by the office of drug policy and 
        violence prevention after consulting 
        with the narcotics enforcement 
        coordinating committee.  Grants to drug 
        task force agencies must be allocated 
        in a balanced manner among rural, 
        suburban, and urban agencies.  Grants 
        may be awarded and used for the 
        following items relating to clandestine 
        methamphetamine labs: 
        (1) increased general law enforcement 
        costs; 
        (2) training materials and public 
        awareness publications; 
        (3) peace officer training courses, 
        certification, and equipment; and 
        (4) reimbursements to law enforcement 
        agencies for extraordinary or unusual 
        overtime and investigative expenses. 
        Grants must not be used for 
        methamphetamine lab site cleanup or 
        disposal of seized equipment or 
        chemicals.  Additionally, grants must 
        not supplant current local spending or 
        other state or federal grants allocated 
        by the commissioner for similar 
        purposes. 
        [GANG STRIKE FORCE GRANTS.] $750,000 
        the first year and $750,000 the second 
        year are onetime appropriations for 
        criminal gang strike force grants under 
        Minnesota Statutes, section 299A.66.  
        The commissioner of public safety must 
        provide direct administrative and 
        fiscal oversight for all grants awarded 
        under Minnesota Statutes, section 
        299A.66. 
        [USE OF BYRNE GRANTS.] The commissioner 
        must consider using a portion of 
        federal Byrne grant funds for grants to:
        (1) the center for reducing rural 
        violence; 
        (2) organizations or agencies that 
        provide gang prevention services, such 
        as the boys and girls club, the youth 
        experiencing alternatives (YEA) 
        program, the police athletic league, 
        agencies eligible for Asian-American 
        juvenile crime intervention and 
        prevention grants under Minnesota 
        Statutes, section 299A.2994, 
        subdivision 3, clause (2), or other 
        similar organizations; and 
        (3) continue funding the pilot project 
        to provide neighborhood-based services 
        to crime victims and witnesses funded 
        in Laws 1999, chapter 216, article 1, 
        section 8, subdivision 3, and described 
        in Laws 1999, chapter 216, article 2, 
        section 23. 
        [JOINT DOMESTIC ABUSE PROSECUTION 
        UNIT.] $197,000 the first year is a 
        onetime appropriation for a grant to 
        the Ramsey county attorney's office to 
        continue funding the joint domestic 
        abuse prosecution unit.  This 
        appropriation is available until June 
        30, 2003. 
        The Ramsey county attorney's office and 
        the St. Paul city attorney's office 
        shall continue the joint domestic abuse 
        prosecution unit pilot project 
        established by the legislature under 
        Laws 2000, chapters 471, section 3; and 
        488, article 6, section 10.  The 
        appropriation must be used to continue 
        the pilot project beyond its first year 
        of operation and allow a meaningful 
        evaluation that will benefit other 
        jurisdictions in Minnesota.  The unit 
        has authority to prosecute 
        misdemeanors, gross misdemeanors, and 
        felonies.  The unit shall also 
        coordinate efforts with child 
        protection attorneys.  The unit may 
        include four cross-deputized assistant 
        city attorneys and assistant county 
        attorneys and a police investigator.  A 
        victim/witness advocate, a law clerk, a 
        paralegal, and a secretary may provide 
        support.  
        The goals of this pilot project are to: 
        (1) recognize children as both victims 
        and witnesses in domestic abuse 
        situations; 
        (2) recognize and respect the interests 
        of children in the prosecution of 
        domestic abuse; and 
        (3) reduce the exposure to domestic 
        violence for both adult and child 
        victims. 
        By January 15, 2002, the Ramsey county 
        attorney's office and the St. Paul city 
        attorney's office shall report to the 
        chairs and ranking minority members of 
        the senate and house of representatives 
        committees and divisions having 
        jurisdiction over criminal justice 
        policy and funding on the pilot 
        project.  The report may include the 
        number and types of cases referred, the 
        number of cases charged, the outcome of 
        cases, and other relevant outcome 
        measures. 
        [COPS, HEAT, AND FINANCIAL CRIMES 
        INVESTIGATION UNIT GRANTS.] $300,000 
        for the fiscal year ending June 30, 
        2001, $250,000 the first year, and 
        $250,000 the second year are onetime 
        appropriations for grants under either 
        Minnesota Statutes, section 299A.62 or 
        299A.68.  Grants awarded from this 
        appropriation under Minnesota Statutes, 
        section 299A.62, are for overtime for 
        peace officers.  Of the total grants 
        awarded from this appropriation under 
        Minnesota Statutes, section 299A.62, 50 
        percent must go to the St. Paul and 
        Minneapolis police departments and 50 
        percent must go to other law 
        enforcement agencies statewide.  Any 
        amounts from this appropriation awarded 
        to the St. Paul police department must 
        be used to increase the current degree 
        of implementation of the HEAT law 
        enforcement strategy.  The HEAT law 
        enforcement strategy must be a 
        community-driven strategic initiative 
        that is used to target criminal conduct 
        in specific areas of St. Paul with 
        higher crime rates than the city 
        average.  It must target offenders 
        based upon their criminal behavior and 
        not other factors and be planned and 
        implemented taking into consideration 
        the wishes of the targeted communities. 
        Grants awarded under Minnesota 
        Statutes, section 299A.68, may be used 
        to cover costs for salaries, equipment, 
        office space, and other necessary 
        services or expenses of a financial 
        crimes investigation task force.  The 
        commissioner must distribute the grants 
        in a manner designed to be equitable to 
        the grantees given their contributions 
        to the investigation task force and to 
        encourage their continued participation.
        Participating local units of government 
        must provide a 25 percent match from 
        nonstate funds or in-kind contributions 
        either directly from their budgets or 
        from businesses directly donating 
        support in order for the financial 
        crimes investigation task force to 
        obtain any grant funding under 
        Minnesota Statutes, section 299A.68.  
        This appropriation is available until 
        June 30, 2003. * (The text "$300,000 
        for the fiscal year ending June 30, 
        2001," was indicated as vetoed by the 
        governor.) 
        [MODEL POLICING PROGRAM; MENTAL ILLNESS 
        CALLS.] $150,000 the first year is a 
        onetime appropriation for developing 
        and implementing up to four model 
        policing program pilot projects 
        required under Minnesota Statutes, 
        section 626.8441, subdivision 1, and to 
        produce required reports.  
        [AUTOMOBILE THEFT PREVENTION GRANTS.] 
        The commissioner may make grants under 
        Minnesota Statutes 2000, section 
        299A.75, to past grantees during the 
        time period before which the changes 
        made to that section in article 5, 
        sections 6 to 8, become operational. 
        [ADMINISTRATION COSTS.] Up to 2.5 
        percent of the grant funds appropriated 
        in this subdivision may be used to 
        administer the grant programs. 
        Sec. 11.  BOARD OF PEACE OFFICER 
        STANDARDS AND TRAINING                 4,692,000      4,724,000
        [PEACE OFFICER TRAINING ACCOUNT.] This 
        appropriation is from the peace officer 
        training account in the special revenue 
        fund.  Any receipts credited to the 
        peace officer training account in the 
        special revenue fund in the first year 
        in excess of $4,692,000 must be 
        transferred and credited to the general 
        fund.  Any receipts credited to the 
        peace officer training account in the 
        special revenue fund in the second year 
        in excess of $4,724,000 must be 
        transferred and credited to the general 
        fund. 
        Sec. 12.  BOARD OF PRIVATE  
        DETECTIVE AND PROTECTIVE AGENT 
        SERVICES                                 144,000        148,000 
        Sec. 13.  CORRECTIONS                   750,000        750,000
        [CRIMNET AND RELATED FUNDING.] $750,000 
        each year is for: 
        (1) detention grants for the statewide 
        supervision system; 
        (2) out-of-home placement system 
        development; 
        (3) electronic probation file 
        transfers; and 
        (4) maintaining and conforming the 
        department's systems to the CriMNet 
        standards and backbone, including the 
        corrections operational management 
        system (COMS), statewide supervision 
        system (SSS), detention information 
        system (DIS), court services tracking 
        system (CSTS), and the sentencing 
        guidelines worksheet system. 
        This money may not be used by the 
        commissioner for any other purpose. 
        This appropriation is available only 
        pursuant to a budget approved by the 
        criminal and juvenile justice 
        information policy group that is 
        consistent with technology and project 
        management analyses of the office of 
        technology. 
        Up to 20 percent of this appropriation 
        may be released on July 1, 2001.  The 
        remaining funds shall be released upon 
        approval of the criminal and juvenile 
        justice information policy group, under 
        advisement from the office of 
        technology.  The policy group shall 
        approve the release of funding for each 
        project to ensure (1) that the project 
        is in compliance with the statewide 
        criminal justice information system 
        standards, (2) that each project 
        remains feasible according to plans 
        established pursuant to Minnesota 
        Statutes, sections 16E.04, subdivision 
        3, and 299C.65, subdivision 6 or 7, or 
        that an updated plan has been approved 
        by the policy group and the project is 
        progressing according to the revised 
        plan, (3) that the project is fully 
        integrated with existing information 
        and communications networks, and (4) 
        that it complies with technology 
        standards and protocols established by 
        the office of technology for statewide 
        connectivity and interoperability. 
        Sec. 14.  DEFICIENCY APPROPRIATIONS
        Subdivision 1.  Emergency Management Deficiency
                          Fiscal Year 2001
        General               8,600,000
        [FEMA MATCHING FUNDS.] This 
        appropriation for fiscal year 2001 is 
        added to the appropriation in Laws 
        1999, chapter 216, article 1, section 
        7, subdivision 2, to provide matching 
        funds for FEMA funds received for 
        natural disaster assistance payments.  
        This appropriation is available the day 
        following final enactment and is 
        available until June 30, 2003. 
        Subd. 2.  Tax Court Deficiency    
                          Fiscal Year 2001
        General                14,000
        [UNANTICIPATED SEVERANCE COSTS.] This 
        appropriation for fiscal year 2001 is 
        added to the appropriation in Laws 
        1999, chapter 216, article 1, section 
        6, for unanticipated severance costs.  
        This appropriation is available the day 
        following final enactment. 
        Sec. 15. SUNSET OF
        UNCODIFIED LANGUAGE
        All uncodified language contained in 
        this article expires on June 30, 2003, 
        unless a different expiration date is 
        explicit. 
           Sec. 16.  [EFFECTIVE DATE.] 
           This article is effective July 1, 2001, unless otherwise 
        noted. 

                                   ARTICLE 5 
                 PUBLIC SAFETY AND JUDICIARY POLICY PROVISIONS 
           Section 1.  Minnesota Statutes 2000, section 2.722, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DESCRIPTION.] Effective July 1, 1959, the 
        state is divided into ten judicial districts composed of the 
        following named counties, respectively, in each of which 
        districts judges shall be chosen as hereinafter specified: 
           1.  Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and 
        Sibley; 32 33 judges; and four permanent chambers shall be 
        maintained in Red Wing, Hastings, Shakopee, and Glencoe and one 
        other shall be maintained at the place designated by the chief 
        judge of the district; 
           2.  Ramsey; 26 judges; 
           3.  Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, 
        Waseca, Freeborn, Mower, and Fillmore; 22 23 judges; and 
        permanent chambers shall be maintained in Faribault, Albert Lea, 
        Austin, Rochester, and Winona; 
           4.  Hennepin; 60 judges; 
           5.  Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, 
        Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault, 
        Martin, and Jackson; 16 judges; and permanent chambers shall be 
        maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; 
           6.  Carlton, St. Louis, Lake, and Cook; 15 judges; 
           7.  Benton, Douglas, Mille Lacs, Morrison, Otter Tail, 
        Stearns, Todd, Clay, Becker, and Wadena; 24 25 judges; and 
        permanent chambers shall be maintained in Moorhead, Fergus 
        Falls, Little Falls, and St. Cloud; 
           8.  Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, 
        Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens, 
        Traverse, and Wilkin; 11 judges; and permanent chambers shall be 
        maintained in Morris, Montevideo, and Willmar; 
           9.  Norman, Polk, Marshall, Kittson, Red Lake, Roseau, 
        Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard, 
        Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching; 
        22 judges; and permanent chambers shall be maintained in 
        Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids, 
        and International Falls; and 
           10.  Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, 
        Chisago, and Washington; 39 41 judges; and permanent chambers 
        shall be maintained in Anoka, Stillwater, and other places 
        designated by the chief judge of the district. 
           Sec. 2.  Minnesota Statutes 2000, section 2.724, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RETIRED JUSTICES AND JUDGES.] (a) The chief 
        justice of the supreme court may assign a retired justice of the 
        supreme court to act as a justice of the supreme court pursuant 
        to subdivision 2 or as a judge of any other court.  The chief 
        justice may assign a retired judge of any court to act as a 
        judge of any court except the supreme court.  A judge acting 
        pursuant to this paragraph shall receive pay and expenses in the 
        amount and manner provided by law for judges serving on the 
        court to which the retired judge is assigned, less the amount of 
        retirement pay which the judge is receiving The chief justice of 
        the supreme court shall determine the pay and expenses to be 
        received by a judge acting pursuant to this paragraph. 
           (b) A judge who has been elected to office and who has 
        retired as a judge in good standing and is not practicing law 
        may also be appointed to serve as judge of any court except the 
        supreme court.  A retired judge acting under this paragraph will 
        receive pay and expenses in the amount established by the 
        supreme court. 
           Sec. 3.  Minnesota Statutes 2000, section 13.87, is amended 
        by adding a subdivision to read: 
           Subd. 3.  [INTERNET ACCESS.] (a) Notwithstanding section 
        13.03, subdivision 3, paragraph (a), the bureau of criminal 
        apprehension may charge a fee for Internet access to public 
        criminal history data provided through August 1, 2003.  The fee 
        may not exceed $5 per inquiry or the amount needed to recoup the 
        actual cost of implementing and providing Internet access, 
        whichever is less.  
           (b) The Web site must include a notice to the subject of 
        data of the right to contest the accuracy or completeness of 
        data, as provided under section 13.04, subdivision 4, and 
        provide a telephone number and address that the subject may 
        contact for further information on this process.  
           (c) The Web site must include the effective date of data 
        that is posted.  
           (d) The Web site must include a description of the types of 
        criminal history data not available on the site, including 
        arrest data, juvenile data, criminal history data from other 
        states, federal data, data on convictions where 15 years have 
        elapsed since discharge of the sentence, and other data that are 
        not accessible to the public. 
           (e) A person who intends to access the Web site to obtain 
        information regarding an applicant for employment, housing, or 
        credit should disclose to the applicant the intention to do so.  
        The Web site must include a notice that a person obtaining such 
        access should notify the applicant that a background check using 
        this Web site may be conducted.  This paragraph does not create 
        a civil cause of action on behalf of the data subject. 
           Sec. 4.  Minnesota Statutes 2000, section 299A.64, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP OF COUNCIL.] The criminal gang 
        oversight council consists of the following individuals or their 
        designees:  the commissioner of public safety; the commissioner 
        of corrections; the superintendent of the bureau of criminal 
        apprehension; the attorney general; the chief law enforcement 
        officers for Minneapolis, St. Paul, St. Cloud, and Duluth; a 
        chief of police selected by the president of the Minnesota 
        chiefs of police association; two sheriffs, one from a county in 
        the seven-county metropolitan area other than Hennepin or Ramsey 
        county and the other from a county outside the metropolitan 
        area, both selected by the president of the Minnesota sheriffs 
        association; the executive director of the Minnesota police and 
        peace officers association; and the Hennepin, Ramsey, St. Louis, 
        and Olmsted county sheriffs.  The council may select a chair 
        from among its members. 
           Sec. 5.  [299A.68] [FINANCIAL CRIMES INVESTIGATION TASK 
        FORCE ESTABLISHED.] 
           Subdivision 1.  [INVESTIGATION TASK FORCE ESTABLISHED.] A 
        group of two or more local governmental units may enter into an 
        agreement to establish a major financial crimes investigation 
        task force. 
           Subd. 2.  [INVESTIGATION TASK FORCE'S DUTIES.] The 
        investigation task force shall investigate consumer identity 
        theft cases and reported financial crimes from individuals and 
        businesses who are victims of such crimes.  The investigation 
        task force shall focus on financial crimes including, but not 
        limited to, statewide crimes such as:  theft, fraud, and forgery 
        crimes, including identity theft, check forgery, fraud in 
        obtaining credit, financial transaction card fraud, theft from 
        merchants, possession or sale of stolen or counterfeit checks, 
        issuance of dishonored checks, creation or use of counterfeit 
        state identification, obtaining counterfeit state 
        identification, fraudulent Internet transactions, fraudulent 
        merchandise returns, and other related financial crimes.  In 
        particular, the investigation task force shall investigate 
        individuals, based on their criminal activity, who: 
           (1) commit multiple cross-jurisdictional financial crimes; 
           (2) employ computers and other sophisticated technology to 
        counterfeit documents or commit fraud; or 
           (3) illegally obtain consumer information for identity 
        theft. 
           Subd. 3.  [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL UNITS.] 
        The local governmental units that agree to form and participate 
        in a single centralized financial crimes investigation task 
        force shall oversee the investigation task force's operation by 
        establishing procedures and guidelines in their agreement.  The 
        agreement must be addressed in a memorandum of understanding and 
        signed by the person in charge of each participating local unit 
        of government.  The memorandum of understanding shall address 
        the following: 
           (1) the command structure of the investigation task force; 
           (2) acquisition and liquidation of equipment, office space, 
        and transportation; 
           (3) procedures for contracting for necessary administrative 
        support; 
           (4) selection and assignment of members; 
           (5) transfer of investigation task force members; 
           (6) resolution of disputes between participating local 
        governmental units; 
           (7) requirements and procedures for all workers' 
        compensation and other liability to remain the responsibility of 
        each member's employing agency; and 
           (8) all other issues deemed pertinent by the participating 
        local governmental units. 
           Subd. 4.  [COMMANDER.] The participating local governmental 
        units shall select a commander to direct the investigation task 
        force.  The commander shall make tactical decisions regarding 
        the commencement, continuation, and conclusion of investigations 
        of crimes within the investigation task force's jurisdiction.  
        The commander shall also report annually to the bureau of 
        criminal apprehension as required in subdivision 10. 
           Subd. 5.  [MEMBERS.] The investigation task force may 
        include law enforcement officers, prosecutors, federal law 
        enforcement officers, and investigators from local governmental 
        units who are selected by their supervisors to participate in 
        the investigation task force.  All law enforcement officers 
        selected to join the investigation task force must be licensed 
        peace officers under section 626.84, subdivision 1, or qualified 
        federal law enforcement officers as defined in section 
        626.8453.  Members shall remain employees of the same entity 
        that employed them before joining the investigation task force.  
        Compensation, personnel evaluations, grievances, merit 
        increases, and liability insurance coverage, such as general, 
        personal, vehicle, and professional liability insurance, shall 
        be covered by each member's employing agency.  Members of the 
        financial crimes task force are not employees of the state. 
           Subd. 6.  [JURISDICTION.] Law enforcement officers who are 
        members of the investigation task force shall have statewide 
        jurisdiction to conduct criminal investigations into financial 
        crimes as described in subdivision 2 and possess the same powers 
        of arrest as those possessed by a sheriff. 
           Officers assigned to the financial crimes task force shall 
        follow their county arrest procedures, booking processes, 
        reporting processes, county attorney charging requirements, and 
        appropriate notification protocols to local and county sheriff 
        agencies where arrests are made and search warrants executed.  
        The commander of the task force is responsible for ensuring 
        compliance with applicable local practices and procedures. 
           Subd. 7.  [COLLABORATION WITH OTHER PROSECUTORS AND LAW 
        ENFORCEMENT OFFICERS.] To the greatest degree possible, the 
        investigation task force shall cooperate and collaborate with 
        existing prosecutorial offices and law enforcement agencies. 
           Subd. 8.  [PROSECUTOR.] A participating local governmental 
        unit may seek a grant for reimbursement for the time and 
        resources that a prosecutor and the prosecutor's staff dedicate 
        to the investigation task force.  In order to receive a grant 
        under this subdivision, a participating local governmental unit 
        must provide a 25 percent match in nonstate funds or in-kind 
        contributions either directly from its budget or from businesses 
        directly donating support.  A participating prosecutor shall 
        remain an employee of the contributing county. 
           Subd. 9.  [FORFEITURE.] Property seized by the 
        investigation task force is subject to forfeiture pursuant to 
        sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 
        cannot be established.  The investigation task force shall 
        receive the proceeds from the sale of all property that it 
        properly seizes and that is forfeited. 
           Subd. 10.  [REQUIRED REPORTS.] (a) Beginning June 30, 2002, 
        the commander of the investigation task force shall report 
        annually to the commissioner on the activities of the 
        investigation task force and the use of grants awarded under 
        article 1, section 10, subdivision 7, paragraph (d). 
           (b) By March 1, 2003, the commissioner of public safety 
        shall report to the chairs and ranking minority members of the 
        house of representatives and senate committees and divisions 
        having jurisdiction over criminal justice policy and funding on 
        the activities of the investigation task force and the use of 
        grants awarded under article 1, section 10, subdivision 7, 
        paragraph (d). 
           Subd. 11.  [EXPIRATION.] This section expires on June 30, 
        2003. 
           Sec. 6.  Minnesota Statutes 2000, section 299A.75, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PROGRAM DESCRIBED; COMMISSIONER'S DUTIES.] 
        (a) The commissioner of public safety shall: 
           (1) develop and sponsor the implementation of statewide 
        plans, programs, and strategies to combat automobile theft, 
        improve the administration of the automobile theft laws, and 
        provide a forum for identification of critical problems for 
        those persons dealing with automobile theft; 
           (2) coordinate the development, adoption, and 
        implementation of plans, programs, and strategies relating to 
        interagency and intergovernmental cooperation with respect to 
        automobile theft enforcement; 
           (3) annually audit the plans and programs that have been 
        funded in whole or in part to evaluate the effectiveness of the 
        plans and programs and withdraw funding should the commissioner 
        determine that a plan or program is ineffective or is no longer 
        in need of further financial support from the fund; 
           (4) develop a plan of operation including an assessment of 
        the scope of the problem of automobile theft, including areas of 
        the state where the problem is greatest; an analysis of various 
        methods of combating the problem of automobile theft; a plan for 
        providing financial support to combat automobile theft; a plan 
        for eliminating car hijacking; and an estimate of the funds 
        required to implement the plan; and 
           (5) distribute money pursuant to subdivision 3 from the 
        automobile theft prevention special revenue account for 
        automobile theft prevention activities, including: 
           (i) paying the administrative costs of the program; 
           (ii) providing financial support to the state patrol and 
        local law enforcement agencies for automobile theft enforcement 
        teams; 
           (iii) providing financial support to state or local law 
        enforcement agencies for programs designed to reduce the 
        incidence of automobile theft and for improved equipment and 
        techniques for responding to automobile thefts; 
           (iv) providing financial support to local prosecutors for 
        programs designed to reduce the incidence of automobile theft; 
           (v) providing financial support to judicial agencies for 
        programs designed to reduce the incidence of automobile theft; 
           (vi) providing financial support for neighborhood or 
        community organizations or business organizations for programs 
        designed to reduce the incidence of automobile theft, and to 
        educate people about the common methods of auto theft, the 
        models of automobiles most likely to be stolen, and the times 
        and places automobile theft is most likely to occur; and 
           (vii) providing financial support for automobile theft 
        educational and training programs for state and local law 
        enforcement officials, driver and vehicle services exam and 
        inspections staff, and members of the judiciary; and 
           (viii) conducting educational programs designed to inform 
        automobile owners of methods of preventing automobile theft and 
        to provide equipment, for experimental purposes, to enable 
        automobile owners to prevent automobile theft. 
           (b) The commissioner may not spend in any fiscal year more 
        than ten percent of the money in the fund for the program's 
        administrative and operating costs.  The commissioner must 
        distribute the full amount of the proceeds credited to the 
        automobile theft prevention special revenue account each year. 
           Sec. 7.  Minnesota Statutes 2000, section 299A.75, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [CRITERIA; APPLICATION.] (a) A county attorney's 
        office, law enforcement agency, neighborhood organization, 
        community organization, or business organization may apply for a 
        grant under this section.  Multiple offices or agencies within a 
        county may apply for a grant under this section. 
           (b) The commissioner must develop criteria for the fair 
        distribution of grants from the automobile theft prevention 
        account that address the following factors: 
           (1) the number of reported automobile thefts per capita in 
        a city, county, or region, not merely the total number of 
        automobile thefts; 
           (2) the population of the jurisdiction of the applicant 
        office or agency; 
           (3) the total funds distributed within a county or region; 
        and 
           (4) the statewide interest in automobile theft reduction. 
           (c) The commissioner may give priority to: 
           (1) offices and agencies engaged in a collaborative effort 
        to reduce automobile theft; and 
           (2) counties or regions with the greatest rates of 
        automobile theft. 
           (d) The minimum amount of a grant award is $5,000.  After 
        considering the automobile theft rate and total population of an 
        applicant's jurisdiction, if a grant award, as determined under 
        the criteria and priorities in this subdivision, would be less 
        than $5,000, it must not be awarded. 
           Sec. 8.  Minnesota Statutes 2000, section 299A.75, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [ADVISORY BOARD; CREATION; MEMBERSHIP.] An 
        automobile theft prevention advisory board is established to 
        advise the commissioner on the distribution of grants under this 
        section.  The board must consist of seven members appointed by 
        the commissioner and must include representatives of law 
        enforcement, prosecuting agencies, automobile insurers, and the 
        public.  The commissioner must annually select a chair from 
        among its members.  
           Sec. 9.  Minnesota Statutes 2000, section 299F.058, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERSHIP.] (a) The arson strike force consists 
        of representatives from the following agencies and organizations:
           (1) the division of fire marshal; 
           (2) the bureau of criminal apprehension; 
           (3) the office of attorney general; 
           (4) the Minnesota county attorneys association; 
           (5) the Bureau of Alcohol, Tobacco, and Firearms of the 
        United States Treasury Department; 
           (6) the Minneapolis police and fire arson unit; 
           (7) the St. Paul police and fire arson unit; 
           (8) licensed private detectives selected by the state fire 
        marshal or the attorney general or their designees; and 
           (9) any other arson experts the arson strike force deems 
        appropriate to include. 
           (b) The arson strike force, as necessary, may consult and 
        work with representatives of property insurance agencies and 
        organizations and any other private organizations that have 
        expertise in arson investigations and prosecutions. 
           (c) Representatives from the attorney general's office and 
        the county attorneys association who are members of the arson 
        strike force may assist in administering the strike force. 
           (d) The strike force expires June 30, 2001 2003. 
           Sec. 10.  Minnesota Statutes 2000, section 480.182, is 
        amended to read: 
           480.182 [STATE ASSUMPTION OF CERTAIN COURT COSTS.] 
           (a) Notwithstanding any law to the contrary, the state 
        courts will pay for the following court-related programs and 
        costs: 
           (1) court interpreter program costs, including the costs of 
        hiring court interpreters; 
           (2) guardian ad litem program and personnel costs; 
           (3) examination costs, not including hospitalization or 
        treatment costs, for mental commitments and related proceedings 
        under chapter 253B; 
           (4) examination costs under rule 20 of the Rules of 
        Criminal Procedure; 
           (5) in forma pauperis costs; 
           (6) costs for transcripts mandated by statute, except in 
        appeal cases and postconviction cases handled by the board of 
        public defense; and 
           (7) jury program costs, not including personnel. 
           (b) In counties in a judicial district under section 
        480.181, subdivision 1, paragraph (b), the state courts shall 
        pay the witness fees and mileage fees specified in sections 
        253B.23, subdivision 1; 260B.152, subdivision 2; 260C.152, 
        subdivision 2; 260B.331, subdivision 3, clause (a); 260C.331, 
        subdivision 3, clause (a); 357.24; 357.32; 525.012, subdivision 
        5; and 627.02. 
           Sec. 11.  Minnesota Statutes 2000, section 611.272, is 
        amended to read: 
           611.272 [ACCESS TO GOVERNMENT DATA.] 
           The district public defender, the state public defender, or 
        an attorney working for a public defense corporation under 
        section 611.216 has access to the criminal justice data 
        communications network described in section 299C.46, as provided 
        in this section.  Access to data under this section is limited 
        to data regarding the public defender's own client as necessary 
        to prepare criminal cases in which the public defender has been 
        appointed, including, but not limited to, criminal history data 
        under section 13.87; juvenile offender data under section 
        299C.095; warrant information data under section 299C.115; 
        incarceration data under section 299C.14; conditional release 
        data under section 299C.147; and diversion program data under 
        section 299C.46, subdivision 5.  The public defender does not 
        have access to law enforcement active investigative data under 
        section 13.82, subdivision 7; data protected under section 
        13.82, subdivision 17; or confidential arrest warrant indices 
        data under section 13.82, subdivision 19.  The public defender 
        has access to the data at no charge, except for the monthly 
        network access charge under section 299C.46, subdivision 3, 
        paragraph (b), and a reasonable installation charge for a 
        terminal.  Notwithstanding section 13.87, subdivision 3, there 
        shall be no charge to public defenders for Internet access to 
        public criminal history data. 
           Sec. 12.  Minnesota Statutes 2000, section 611A.25, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
        governs the filling of vacancies and removal of members of the 
        sexual assault advisory council.  The terms of the members of 
        the advisory council shall be two years.  No member may serve on 
        the advisory council for more than two consecutive terms.  The 
        council expires on June 30, 2001 2003.  Council members shall 
        receive expense reimbursement as specified in section 15.059.  
           Sec. 13.  Minnesota Statutes 2000, section 611A.361, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TERMS; VACANCIES; EXPENSES.] Section 15.059 
        governs the filling of vacancies and removal of members of the 
        general crime victims advisory council.  The terms of the 
        members of the advisory council shall be two years.  No member 
        may serve on the advisory council for more than two consecutive 
        terms.  The council expires on June 30, 2001 2003.  Council 
        members shall receive expense reimbursement as specified in 
        section 15.059. 
           Sec. 14.  Minnesota Statutes 2000, section 611A.74, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] The office of crime victim 
        ombudsman for Minnesota is created.  The ombudsman shall be 
        appointed by the governor, shall serve in the unclassified 
        service at the pleasure of the governor, and shall be selected 
        without regard to political affiliation.  No person may serve as 
        ombudsman while holding any other public office.  The ombudsman 
        is directly accountable to the governor and must periodically 
        report to the commissioner of public safety on the operations 
        and activities of the office.  The ombudsman shall have the 
        authority to investigate decisions, acts, and other matters of 
        the criminal justice system so as to promote the highest 
        attainable standards of competence, efficiency, and justice for 
        crime victims in the criminal justice system. 
           Sec. 15.  [626.8441] [RESPONDING TO CALLS INVOLVING 
        EMOTIONAL CRISES AND MENTAL ILLNESS; MODEL PROGRAM PILOT 
        PROJECTS.] 
           Subdivision 1.  [MODEL POLICING PROGRAM.] The commissioner 
        of public safety, in consultation with the community mental 
        health peace officer advisory board named under subdivision 2, 
        may award grants to (1) develop models of community policing 
        that are responsive to the unique needs of the law enforcement 
        and mental health systems in Minnesota, and (2) promote these 
        models throughout the state.  Grants may be awarded to either 
        existing or new projects.  The commissioner may approve the 
        implementation of community policing pilot projects in 
        metropolitan and rural areas.  In order to receive funding, a 
        pilot project must focus on the following: 
           (1) responding in a knowledgeable and sensitive way to 
        persons exhibiting symptoms of mental illness, to persons having 
        drug-related reactions, and to others who may be in an emotional 
        or mental crisis; 
           (2) significantly reducing the risk of harm to the 
        individuals who are the subjects of such calls, to the officers 
        responding to the calls, and to the general public; 
           (3) identifying and implementing a continuum of 
        intervention strategies that will prevent escalation, produce 
        de-escalation, and minimize the use of force; and 
           (4) creating partnerships with community resources that 
        result in positive resolution, reduction, and prevention of 
        potentially harmful incidents. 
           Subd. 2.  [COMMUNITY MENTAL HEALTH PEACE OFFICER ADVISORY 
        BOARD.] A community mental health peace officer advisory board 
        must be appointed by the commissioner of public safety and must 
        consist of the following members: 
           (1) two licensed peace officers; 
           (2) two representatives from the association of chiefs of 
        police; 
           (3) two representatives from the Minnesota state sheriff's 
        association; 
           (4) a representative from the mental health consumer 
        survivor network; 
           (5) a representative from the mental health association of 
        Minnesota; 
           (6) a representative from the alliance for the mentally 
        ill; 
           (7) a representative from a county social services agency 
        or human services board as defined in section 256E.03; 
           (8) a community mental health provider; 
           (9) a mental health professional; 
           (10) a law enforcement educator with experience training 
        peace officers to respond to mental illness calls; and 
           (11) other members deemed appropriate by the commissioner. 
           In making appointments to the board, the commissioner must 
        take into consideration metropolitan and rural interests.  The 
        board must advise the commissioner on the model policing 
        programs and on related areas of concern to persons with mental 
        illnesses, peace officers, and the public.  No per diem may be 
        paid to members of the board.  The board expires June 30, 2003. 
           Sec. 16.  Laws 1996, chapter 408, article 2, section 16, is 
        amended to read: 
           Sec. 16.  [REPEALER.] 
           (a) Minnesota Statutes 1994, section 299A.60, is repealed.  
           (b) Section 1 is repealed January 1, 2002. 
           Sec. 17.  [REPORT; MENTAL ILLNESS CALLS; PILOT PROJECTS.] 
           The development, implementation, and outcomes of the pilot 
        projects authorized under Minnesota Statutes, section 626.8441, 
        subdivision 1, must be evaluated by the commissioner of public 
        safety and a written preliminary report must be submitted to the 
        chairs of the house of representatives and senate committees 
        having jurisdiction over crime prevention and judiciary finance 
        issues by January 1, 2002.  A final report must be submitted by 
        January 1, 2003. 
           Sec. 18.  [DEVELOPMENT OF AND GRANTS FOR ALTERNATIVE 
        DISPUTE RESOLUTION PROGRAMS.] 
           Subdivision 1.  [DEVELOPMENT; OPERATION; PURPOSE.] The 
        third and fifth judicial districts must develop, or continue the 
        operation of, alternative dispute resolution programs to provide 
        services in conciliation court cases and unlawful detainer 
        proceedings.  The purposes of the programs are to provide 
        increased efficiency of court proceedings, reduce court costs, 
        allow judges to provide added attention to cases on the regular 
        docket, improve the quality of justice, and improve collection 
        of judgments.  Volunteer community mediators must be trained to 
        conduct the mediations. 
           Subd. 2.  [CONTRACTS; GRANTS.] The third and fifth judicial 
        districts may contract with or provide grants to a person or 
        organization to develop and operate alternative dispute 
        resolution programs under this section.  Grants or contract 
        awards can be in amounts up to $40,000.  A person or 
        organization that develops or operates a program under this 
        section must provide matching funds from nonstate sources equal 
        to at least 50 percent of the grant or contract award. 
           Subd. 3.  [ELIGIBILITY.] An alternative dispute resolution 
        program developed or operated under this section must meet the 
        requirements for dispute resolution programs under Minnesota 
        Statutes, chapter 494. 
           Subd. 4.  [REPORTING.] By January 1, 2003, the district 
        court administrators from the third and fifth judicial districts 
        must jointly report to the legislature on the results of the 
        alternative dispute resolution programs developed or operated 
        under this section. 
           Sec. 19.  [CHILD SUPPORT PILOT PROJECT; NINTH JUDICIAL 
        DISTRICT.] 
           Subdivision 1.  [PILOT PROJECT.] (a) The ninth judicial 
        district may establish a pilot project to implement the 
        provisions relating to the six-month review under subdivision 2 
        and an accounting for child support by an obligee under 
        subdivision 3. 
           (b) The ninth judicial district and the state court 
        administrator are requested to evaluate the six-month review and 
        accounting for child support pilot project and submit a report 
        to the chairs and ranking minority members of the house and 
        senate committees having jurisdiction over child support and 
        family law policy and funding by January 1, 2003.  The 
        evaluation should measure: 
           (1) the fiscal impact on the courts and local government; 
        and 
           (2) increased child support collections and compliance with 
        parenting time. 
           (c) The provisions in subdivisions 2 and 3 apply only to 
        the pilot project established under this section. 
           Subd. 2.  [SIX-MONTH REVIEW.] (a) A decree of dissolution 
        or legal separation or an order that establishes child custody, 
        parenting time, or support rights and obligations of parents 
        must contain a review date six months after its entry and an 
        attached request for review hearing form.  The request for 
        review hearing form shall be prepared by the state court 
        administrator. 
           (b) The six-month review hearing shall be held if any party 
        submits a written request prior to 60 days before the review 
        date.  If no party requests a hearing, the matter shall be 
        stricken. 
           (c) Upon receipt of a completed request for hearing form, 
        the court administrator shall provide notice of the hearing to 
        all other parties and the public authority. 
           (d) At the six-month hearing, the court must review: 
           (1) whether child support is current; and 
           (2) whether both parties are complying with the parenting 
        time provisions of the order. 
           (e) At the six-month hearing, the obligor has the burden to 
        present evidence to establish that child support payments are 
        current.  A party may request that the public authority provide 
        information to the parties and court regarding child support 
        payments.  A party must request the information from the public 
        authority at least 14 days before the hearing.  The commissioner 
        of human services must develop a form to be used by the public 
        authority to submit child support payment information to the 
        parties and court. 
           (f) Contempt of court and all statutory remedies for child 
        support and parenting time enforcement may be imposed by the 
        court at the six-month hearing for noncompliance by either party 
        pursuant to Minnesota Statutes, chapters 518 and 588 and the 
        Minnesota rules of court. 
           Subd. 3.  [ACCOUNTING FOR CHILD SUPPORT BY OBLIGEE.] (a) 
        Upon the motion of an obligor, a court may order an obligee to 
        account for the use or disposition of child support received.  
        The motion must assert the specific allegations of abuse or 
        misapplication of child support received and that a child's 
        needs are not being met.  If the court orders a hearing, the 
        court may order an accounting only if the obligor establishes 
        the specific allegations of abuse or misapplication of child 
        support received and that the child's needs are not being met. 
           (b) If the court orders an accounting under paragraph (a), 
        the obligee must provide documentation that breaks down monthly 
        expenditures of child support received into the following 
        categories: 
           (1) housing and utilities; 
           (2) food; 
           (3) transportation; 
           (4) clothing; 
           (5) health care; 
           (6) child care and education; and 
           (7) miscellaneous. 
        An obligee may account for expenditures on housing, utilities, 
        food, and transportation that are attributable to multiple 
        household members on a per capita basis. 
           (c) If the court finds that an obligee does not make the 
        accounting required under paragraph (b) or the obligee does not 
        spend the entire child support payment on behalf of the child, 
        the court may: 
           (1) hold the obligee in contempt of court; 
           (2) reduce or eliminate the obligor's child support 
        obligation; 
           (3) order the obligee to make future expenditures on behalf 
        of the child, whether in whole or in part, in a manner that 
        documents the transaction; or 
           (4) make any other appropriate order to ensure that the 
        needs of the child are met. 
           (d) If the court determines that an obligor's motion under 
        this section is brought in bad faith, the court may award 
        reasonable attorney fees to the obligee. 
           Sec. 20.  [DATA COLLECTION; REPORT.] 
           (a) By January 15 of each year, each chief of police and 
        sheriff shall report to the superintendent of the bureau of 
        criminal apprehension the following summary data related to 
        applications for permits to carry pistols under Minnesota 
        Statutes, section 624.714, for the preceding calendar year: 
           (1) the number of applications received; 
           (2) the number of permits granted; 
           (3) the reasons given by the applicants for seeking the 
        permits; 
           (4) the number of permits denied and the specific reason 
        for each denial; 
           (5) the number of permits issued by the chief or sheriff 
        that are valid as of December 31 of the preceding year; and 
           (6) the number of convictions and types of crimes committed 
        since the previous report, and in total, by individuals with 
        permits to carry, including data as to whether a firearm 
        lawfully carried solely by virtue of a permit to carry was 
        actually used in furtherance of the crime. 
           The specific reason for the denial required in clause (4) 
        includes, but is not limited to, the applicant being prohibited 
        from possessing a firearm under Minnesota Statutes, section 
        624.713, the applicant not providing a firearms safety 
        certificate, and the applicant not having an occupation or 
        personal safety hazard requiring a permit to carry.  If the 
        applicant was denied the permit based on being prohibited under 
        Minnesota Statutes, section 624.713, the specific prohibition 
        must be cited.  If the denial is based on a criminal conviction, 
        the specific crime of conviction must be cited. 
           (b) By February 15 of each year, the superintendent shall 
        report a summary of the data collected under paragraph (a) to 
        the chairs and ranking minority members of the senate and house 
        committees having jurisdiction over criminal justice policy. 
           (c) This section expires June 30, 2003. 
           Sec. 21.  [FEE INCREASE APPROVAL; PRIVATE DETECTIVES 
        BOARD.] 
           Fee increases proposed for the private detectives board by 
        the governor in the 2002-2003 criminal justice biennial budget 
        document are approved. 
           Sec. 22.  [JUDICIAL SALARY INCREASES.] 
           The salaries of supreme court justices, court of appeals 
        judges, and district court judges are increased by 6.5 percent 
        on July 1, 2001, 6.5 percent on April 1, 2002, three percent on 
        January 1, 2003, and three percent on January 1, 2004. 
           Sec. 23.  H.F. No. 1, article 5, section 22, if enacted by 
        the first special session of the 2001 legislature, is amended to 
        read: 
           Sec. 22.  [APPROPRIATION.] 
           (a) The supreme court trial courts general fund 
        appropriation base is increased by $39,240,000 in fiscal year 
        2004 and by an additional $17,316,000 in fiscal year 2005.  In 
        fiscal years 2006 and 2007 the supreme court trial courts may 
        request additional base adjustments to reflect the transfer of 
        the remaining judicial districts. 
           (b) $8,701,253 is appropriated to the supreme court trial 
        courts from the general fund in each of fiscal years 2002 and 
        2003 to be used to pay the costs of mandated court services 
        assumed by the state under Minnesota Statutes, section 480.183, 
        subdivision 1. 
           (c) For each of fiscal years 2004 and 2005, $1,700,000 is 
        appropriated from the general fund to the supreme court trial 
        courts to fund court takeover equity adjustments.  These amounts 
        must be added to the court base budget in subsequent fiscal 
        years. 
           [EFFECTIVE DATE.] This section is effective at the time 
        H.F. No. 1, article 5, section 22, if enacted by the first 
        special session of the 2001 legislature, takes effect. 
           Sec. 24.  [EFFECTIVE DATES.] 
           Of the additional judge units in the tenth district, one is 
        effective October 1, 2001, and the other is effective July 1, 
        2002.  One judge unit in the third district is effective April 
        1, 2002.  One judge unit in the seventh district and one judge 
        unit in the first district are effective January 1, 2003.  
        Unless specified otherwise for any particular section, the 
        remaining sections in this article are effective July 1, 2001. 

                                   ARTICLE 6 
                                    CRIMNET 
           Section 1.  Minnesota Statutes 2000, section 299C.10, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LAW ENFORCEMENT DUTY REQUIRED 
        FINGERPRINTING.] (a) It is hereby made the duty of the Sheriffs 
        of the respective counties, of the police, peace officers in 
        cities of the first, second, and third classes, under the 
        direction of the chiefs of police in such cities, and of 
        community corrections agencies operating secure juvenile 
        detention facilities to shall take or cause to be taken 
        immediately finger and thumb prints, photographs, distinctive 
        physical mark identification data, information on any known 
        aliases or street names, and other identification data requested 
        or required by the superintendent of the bureau, of the 
        following: 
           (1) persons arrested for, appearing in court on a charge 
        of, or convicted of a felony or, gross misdemeanor, or targeted 
        misdemeanor; 
           (2) juveniles arrested for, appearing in court on a charge 
        of, adjudicated delinquent for, or alleged to have committed 
        felonies or gross misdemeanors as distinguished from those 
        committed by adult offenders; 
           (3) persons reasonably believed by the arresting officer to 
        be fugitives from justice; 
           (4) persons in whose possession, when arrested, are found 
        concealed firearms or other dangerous weapons, burglar tools or 
        outfits, high-power explosives, or articles, machines, or 
        appliances usable for an unlawful purpose and reasonably 
        believed by the arresting officer to be intended for such 
        purposes; and 
           (5)  juveniles referred by a law enforcement agency to a 
        diversion program for a felony or gross misdemeanor offense. 
        Unless the superintendent of the bureau requires a shorter 
        period, within 24 hours the fingerprint records and other 
        identification data specified under this paragraph must be 
        forwarded to the bureau of criminal apprehension on such forms 
        and in such manner as may be prescribed by the superintendent of 
        the bureau of criminal apprehension. 
           (b) Effective August 1, 1997, the identification reporting 
        requirements shall also apply to persons arrested for or alleged 
        to have committed targeted misdemeanor offenses and juveniles 
        arrested for or alleged to have committed gross misdemeanors.  
        In addition, the reporting requirements shall include any known 
        aliases or street names of the offenders Prosecutors, courts, 
        and probation officers shall attempt to ensure that the required 
        identification data is taken on a person described in paragraph 
        (a). 
           (c) For purposes of this section, a targeted misdemeanor is 
        a misdemeanor violation of section 169A.20 (driving while 
        impaired), 518B.01 (order for protection violation), 609.224 
        (fifth degree assault), 609.2242 (domestic assault), 609.746 
        (interference with privacy), 609.748 (harassment or restraining 
        order violation), or 617.23 (indecent exposure). 
           Sec. 2.  Minnesota Statutes 2000, section 299C.11, is 
        amended to read: 
           299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 
           (a) The Each sheriff of each county and the chief of police 
        of each city of the first, second, and third classes shall 
        furnish the bureau, upon such form as the superintendent shall 
        prescribe, with such finger and thumb prints, photographs, 
        distinctive physical mark identification data, information on 
        known aliases and street names, and other identification data as 
        may be requested or required by the superintendent of the 
        bureau, which may must be taken under the provisions of section 
        299C.10, of persons who shall be convicted of a felony, gross 
        misdemeanor, or who shall be.  In addition, sheriffs and chiefs 
        of police shall furnish this identification data to the bureau 
        for individuals found to have been convicted of a felony or, 
        gross misdemeanor, or targeted misdemeanor, within the ten years 
        next immediately preceding their arrest.  
           (b) No petition under chapter 609A is required if the 
        person has not been convicted of any felony or gross 
        misdemeanor, either within or without the state, within the 
        period of ten years immediately preceding the determination of 
        all pending criminal actions or proceedings in favor of the 
        arrested person, and either of the following occurred: 
           (1) all charges were dismissed prior to a determination of 
        probable cause; or 
           (2) the prosecuting authority declined to file any charges 
        and a grand jury did not return an indictment. 
        Where these conditions are met, the bureau or agency shall, upon 
        demand, return to the arrested person finger and thumb prints, 
        photographs, distinctive physical mark identification data, 
        information on known aliases and street names, and other 
        identification data, and all copies and duplicates of them. 
           (c) Except as otherwise provided in paragraph (b), upon the 
        determination of all pending criminal actions or proceedings in 
        favor of the arrested person, and the granting of the petition 
        of the arrested person under chapter 609A, the bureau shall seal 
        finger and thumb prints, photographs, distinctive physical mark 
        identification data, information on known aliases and street 
        names, and other identification data, and all copies and 
        duplicates of them if the arrested person has not been convicted 
        of any felony or gross misdemeanor, either within or without the 
        state, within the period of ten years immediately preceding such 
        determination. 
           (d) DNA samples and DNA records of the arrested person 
        shall not be returned, sealed, or destroyed as to a charge 
        supported by probable cause.  
           (e) For purposes of this section,: 
           (1) "determination of all pending criminal actions or 
        proceedings in favor of the arrested person" does not include: 
           (1) (i) the sealing of a criminal record pursuant to 
        section 152.18, subdivision 1, 242.31, or chapter 609A; 
           (2) (ii) the arrested person's successful completion of a 
        diversion program; 
           (3) (iii) an order of discharge under section 609.165; or 
           (4) (iv) a pardon granted under section 638.02; and 
           (2) "targeted misdemeanor" has the meaning given in section 
        299C.10, subdivision 1. 
           Sec. 3.  [299C.111] [SUSPENSE FILE REPORTING.] 
           (a) By June 1 and December 1 of each year, the 
        superintendent shall: 
           (1) provide an entity or individual having responsibility 
        regarding identification data under section 299C.10 and the 
        criminal and juvenile justice information policy group with 
        summary data on the number of disposition records pertaining to 
        the entity or individual that have not been linked to an arrest 
        record; and 
           (2) provide the criminal and juvenile justice information 
        policy group with the number of identification records not 
        entered on the automated fingerprint identification system and 
        the criminal history files. 
           (b) The superintendent shall immediately notify the 
        appropriate entity or individual when a disposition record is 
        received that cannot be linked to an arrest record. 
           Sec. 4.  Minnesota Statutes 2000, section 299C.147, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
        maintain a computerized data system for the purpose of assisting 
        criminal justice agencies in monitoring and enforcing the 
        conditions of conditional release imposed on criminal offenders 
        by a sentencing court or the commissioner of corrections.  The 
        data in the system are private data as defined in section 13.02, 
        subdivision 12, but are accessible to criminal justice agencies 
        as defined in section 13.02, subdivision 3a, to public defenders 
        as provided in section 611.272, to the district court, and to 
        criminal justice agencies in other states in the conduct of 
        their official duties.  
           Sec. 5.  Minnesota Statutes 2000, section 299C.65, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The criminal and 
        juvenile justice information policy group consists of the 
        commissioner of corrections, the commissioner of public safety, 
        the commissioner of administration, the commissioner of finance, 
        and four members of the judicial branch appointed by the chief 
        justice of the supreme court.  The policy group may appoint 
        additional, nonvoting members as necessary from time to time. 
           (b) The commissioner of public safety is designated as the 
        chair of the policy group.  The commissioner and the policy 
        group have overall responsibility for the successful completion 
        of statewide criminal justice information system integration 
        (CriMNet).  The policy group may hire a program manager to 
        manage the CriMNet projects and to be responsible for the 
        day-to-day operations of CriMNet.  The policy group must ensure 
        that generally accepted project management techniques are 
        utilized for each CriMNet project, including: 
           (1) clear sponsorship; 
           (2) scope management; 
           (3) project planning, control, and execution; 
           (4) continuous risk assessment and mitigation; 
           (5) cost management; 
           (6) quality management reviews; 
           (7) communications management; and 
           (8) proven methodology. 
           (c) Products and services for CriMNet project management, 
        system design, implementation, and for application hosting must 
        be acquired using an appropriate procurement process, which 
        includes: 
           (1) a determination of required products and services; 
           (2) a request for proposal development and identification 
        of potential sources; 
           (3) competitive bid solicitation, evaluation, and 
        selection; and 
           (4) contract administration and close-out. 
           (d) The policy group shall study and make recommendations 
        to the governor, the supreme court, and the legislature on:  
           (1) a framework for integrated criminal justice information 
        systems, including the development and maintenance of a 
        community data model for state, county, and local criminal 
        justice information; 
           (2) the responsibilities of each entity within the criminal 
        and juvenile justice systems concerning the collection, 
        maintenance, dissemination, and sharing of criminal justice 
        information with one another; 
           (3) actions necessary to ensure that information maintained 
        in the criminal justice information systems is accurate and 
        up-to-date; 
           (4) the development of an information system containing 
        criminal justice information on gross misdemeanor-level and 
        felony-level juvenile offenders that is part of the integrated 
        criminal justice information system framework; 
           (5) the development of an information system containing 
        criminal justice information on misdemeanor arrests, 
        prosecutions, and convictions that is part of the integrated 
        criminal justice information system framework; 
           (6) comprehensive training programs and requirements for 
        all individuals in criminal justice agencies to ensure the 
        quality and accuracy of information in those systems; 
           (7) continuing education requirements for individuals in 
        criminal justice agencies who are responsible for the 
        collection, maintenance, dissemination, and sharing of criminal 
        justice data; 
           (8) a periodic audit process to ensure the quality and 
        accuracy of information contained in the criminal justice 
        information systems; 
           (9) the equipment, training, and funding needs of the state 
        and local agencies that participate in the criminal justice 
        information systems; 
           (10) the impact of integrated criminal justice information 
        systems on individual privacy rights; 
           (11) the impact of proposed legislation on the criminal 
        justice system, including any fiscal impact, need for training, 
        changes in information systems, and changes in processes; 
           (12) the collection of data on race and ethnicity in 
        criminal justice information systems; 
           (13) the development of a tracking system for domestic 
        abuse orders for protection; 
           (14) processes for expungement, correction of inaccurate 
        records, destruction of records, and other matters relating to 
        the privacy interests of individuals; and 
           (15) the development of a database for extended 
        jurisdiction juvenile records and whether the records should be 
        public or private and how long they should be retained.  
           Sec. 6.  Minnesota Statutes 2000, section 299C.65, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REPORT, TASK FORCE.] (a) The policy group shall 
        file an annual report with the governor, supreme court, and 
        chairs and ranking minority members of the senate and house 
        committees and divisions with jurisdiction over criminal justice 
        funding and policy by December 1 of each year.  
           (b) The report must make recommendations concerning any 
        legislative changes or appropriations that are needed to ensure 
        that the criminal justice information systems operate accurately 
        and efficiently.  To assist them in developing their 
        recommendations, the policy group shall appoint a task force 
        consisting of its members or their designees and the following 
        additional members:  
           (1) the director of the office of strategic and long-range 
        planning; 
           (2) two sheriffs recommended by the Minnesota sheriffs 
        association; 
           (3) two police chiefs recommended by the Minnesota chiefs 
        of police association; 
           (4) two county attorneys recommended by the Minnesota 
        county attorneys association; 
           (5) two city attorneys recommended by the Minnesota league 
        of cities; 
           (6) two public defenders appointed by the board of public 
        defense; 
           (7) two district judges appointed by the conference of 
        chief judges, one of whom is currently assigned to the juvenile 
        court; 
           (8) two community corrections administrators recommended by 
        the Minnesota association of counties, one of whom represents a 
        community corrections act county; 
           (9) two probation officers; 
           (10) four public members, one of whom has been a victim of 
        crime, and two who are representatives of the private business 
        community who have expertise in integrated information systems; 
           (11) two court administrators; 
           (12) one member of the house of representatives appointed 
        by the speaker of the house; 
           (13) one member of the senate appointed by the majority 
        leader; 
           (14) the attorney general or a designee; 
           (15) the commissioner of administration or a designee; 
           (16) an individual recommended by the Minnesota league of 
        cities; and 
           (17) an individual recommended by the Minnesota association 
        of counties. 
        In making these appointments, the appointing authority shall 
        select members with expertise in integrated data systems or best 
        practices.  
           (c) The commissioner of public safety may appoint 
        additional, nonvoting members to the task force as necessary 
        from time to time. 
           Sec. 7.  [609.118] [FINGERPRINTING REQUIRED.] 
           (a) When a person is convicted of a felony, gross 
        misdemeanor, or targeted misdemeanor, as defined in section 
        299C.10, subdivision 1, or is adjudicated delinquent for a 
        felony or gross misdemeanor, the court shall order the offender 
        to immediately report to the law enforcement agency responsible 
        for the collection of fingerprint and other identification data 
        required under section 299C.10, regardless of the sentence 
        imposed or executed. 
           (b) Paragraph (a) does not apply if the person is remanded 
        to the custody of a law enforcement agency or if the 
        identification data was collected prior to the conviction or 
        adjudication for the offense. 
           (c) A person who fails to obey a court order under 
        paragraph (a) is subject to probation revocation, contempt of 
        court, or any other appropriate remedy. 
           (d) This section does not limit or restrict any other 
        statutory requirements or local policies regarding the 
        collection of identification data. 
           Sec. 8.  [OUTSIDE REVIEW.] 
           The commissioner of administration shall obtain an 
        independent outside expert to review the CriMNet projects funded 
        in this act.  By February 15, 2002, the outside expert shall 
        report to the chairs and ranking minority members of the senate 
        and house committees and divisions having jurisdiction over 
        criminal justice policy and funding on the results of the review.
           Sec. 9.  [EFFECTIVE DATE.] 
           Sections 1 to 8 are effective July 1, 2001. 

                                   ARTICLE 7
                             ANTI-RACIAL PROFILING
           Section 1.  Minnesota Statutes 2000, section 357.021, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
        (a) The court shall impose and the court administrator shall 
        collect a $25 $28 surcharge on every person convicted of any 
        felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
        offense, other than a violation of a law or ordinance relating 
        to vehicle parking.  The surcharge shall be imposed whether or 
        not the person is sentenced to imprisonment or the sentence is 
        stayed.  
           (b) If the court fails to impose a surcharge as required by 
        this subdivision, the court administrator shall show the 
        imposition of the $25 surcharge, collect the surcharge and 
        correct the record. 
           (c) The court may not waive payment of the surcharge 
        required under this subdivision.  Upon a showing of indigency or 
        undue hardship upon the convicted person or the convicted 
        person's immediate family, the sentencing court may authorize 
        payment of the surcharge in installments. 
           (d) The court administrator or other entity collecting a 
        surcharge shall forward it to the state treasurer. 
           (e) If the convicted person is sentenced to imprisonment 
        and has not paid the surcharge before the term of imprisonment 
        begins, the chief executive officer of the correctional facility 
        in which the convicted person is incarcerated shall collect the 
        surcharge from any earnings the inmate accrues from work 
        performed in the facility or while on conditional release.  The 
        chief executive officer shall forward the amount collected to 
        the state treasurer. 
           Sec. 2.  Minnesota Statutes 2000, section 357.021, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
        (a) Except as provided in paragraph (b), the state treasurer 
        shall disburse surcharges received under subdivision 6 and 
        section 97A.065, subdivision 2, as follows: 
           (1) one percent of the surcharge shall be credited to the 
        game and fish fund to provide peace officer training for 
        employees of the department of natural resources who are 
        licensed under sections 626.84 to 626.863, and who possess peace 
        officer authority for the purpose of enforcing game and fish 
        laws; 
           (2) 39 percent of the surcharge shall be credited to the 
        peace officers training account in the special revenue fund; and 
           (3) 60 percent of the surcharge shall be credited to the 
        general fund.  
           (b) The state treasurer shall credit $3 of each surcharge 
        received under subdivision 6 and section 97A.065, subdivision 2, 
        to a criminal justice special projects account in the special 
        revenue fund.  This account is available for appropriation to 
        the commissioner of public safety for grants to law enforcement 
        agencies and for other purposes authorized by the legislature. 
           Sec. 3.  [626.8471] [AVOIDING RACIAL PROFILING; POLICIES 
        AND LEARNING OBJECTIVES REQUIRED.] 
           Subdivision 1.  [PURPOSE.] The legislature finds that the 
        reality or public perception of racial profiling alienates 
        people from police, hinders community policing efforts, and 
        causes law enforcement to lose credibility and trust among the 
        people law enforcement is sworn to protect and serve.  No stop 
        initiated by a peace officer should be made without a legitimate 
        reason; race, ethnicity, or national origin alone should never 
        provide a sufficient reason.  Law enforcement policies and 
        training programs must emphasize the need to respect the balance 
        between the rights of all persons to be free from unreasonable 
        governmental intrusions and law enforcement's need to enforce 
        the law. 
           Subd. 2.  [DEFINITION.] "Racial profiling" means any action 
        initiated by law enforcement that relies upon the race, 
        ethnicity, or national origin of an individual rather than: 
           (1) the behavior of that individual; or 
           (2) information that leads law enforcement to a particular 
        individual who has been identified as being engaged in or having 
        been engaged in criminal activity.  
           Racial profiling includes use of racial or ethnic 
        stereotypes as factors in selecting whom to stop and search.  
        Racial profiling does not include law enforcement's use of race 
        or ethnicity to determine whether a person matches a specific 
        description of a particular subject.  
           Subd. 3.  [STATEWIDE MODEL POLICY.] (a) The board of peace 
        officer standards and training shall consult with the Minnesota 
        chiefs of police association, the Minnesota sheriffs 
        association, the racial profiling advisory committee, and the 
        Minnesota police and peace officers association in developing an 
        antiracial profiling model policy governing the conduct of peace 
        officers engaged in stops of citizens.  This policy shall define 
        racial profiling and identify conduct that violates the law.  
        The policy must also include a duty to give the officer's name 
        or badge number and identify the officer's department during 
        routine traffic stops.  
           (b) The board shall adopt a model policy and distribute the 
        model policy to all chief law enforcement officers by August 1, 
        2001. 
           Subd. 4.  [AGENCY POLICIES REQUIRED.] (a) By November 1, 
        2001, the chief law enforcement officer of every state and local 
        law enforcement agency must establish and enforce a written 
        antiracial profiling policy governing the conduct of peace 
        officers engaged in stops of citizens.  The chief law 
        enforcement officer shall ensure that each peace officer 
        receives a copy of the agency's antiracial profiling policy.  
        The chief law enforcement officer also must ensure that each 
        peace officer is aware of the policy's purpose and the conduct 
        prohibited by it.  
           (b) The policy must, at a minimum, comply with the 
        requirements of the model policy adopted by the board under 
        subdivision 3. 
           (c) Every state and local law enforcement agency must 
        certify to the board that it has adopted a written policy in 
        compliance with the board's model policy. 
           (d) The board shall assist the chief law enforcement 
        officer of each state and local law enforcement agency in 
        developing and implementing antiracial profiling policies under 
        this subdivision. 
           Subd. 5.  [PRESERVICE TRAINING LEARNING OBJECTIVES; 
        REQUIREMENTS.] (a) By August 1, 2001, the board shall prepare 
        learning objectives for preservice training to instruct peace 
        officers in avoiding racial profiling when making stops of 
        citizens.  These learning objectives shall be included in the 
        required curriculum of professional peace officer education 
        programs.  
           (b) An individual is not eligible to take the peace officer 
        licensing examination or the part-time peace officer licensing 
        examination on or after June 1, 2002, unless:  
           (1) the individual has received the training described in 
        paragraph (a); and 
           (2) the individual has completed a psychological evaluation 
        demonstrating that the individual is not likely to engage in 
        racial profiling. 
           Subd. 6.  [IN-SERVICE TRAINING LEARNING OBJECTIVES.] By 
        August 1, 2001, the board shall prepare learning objectives for 
        in-service training to instruct peace officers in avoiding 
        racial profiling when making stops of citizens.  The board shall 
        evaluate and monitor in-service training courses to ensure they 
        satisfy the learning objectives. 
           Subd. 7.  [CHIEF LAW ENFORCEMENT OFFICERS AND SUPERVISORS; 
        REQUIREMENTS.] The executive director of the board of peace 
        officer standards and training shall prepare training materials 
        to provide chief law enforcement officers and other peace 
        officers with supervisory authority with information on how to 
        detect and respond to racial profiling by peace officers under 
        their command.  The training materials must address both the 
        agency's antiracial profiling policy and procedural components 
        aimed at eliminating racial profiling in stops of citizens.  The 
        materials must include information on federal and state 
        constitutional and statutory laws prohibiting discrimination by 
        law enforcement.  The procedural information must describe 
        conduct that is unlawful or inappropriate and present guidelines 
        for reinforcing techniques that are lawful and appropriate.  The 
        procedural information shall discuss appropriate search and 
        seizure and interviewing techniques. 
           Subd. 8.  [POST BOARD; COMPLIANCE REVIEWS AUTHORIZED.] The 
        board has authority to inspect state and local agency policies 
        to ensure compliance with subdivision 4.  The board may conduct 
        this inspection based upon a complaint it receives about a 
        particular agency or through a random selection process. 
           Sec. 4.  [626.8515] [CERTAIN BACCALAUREATE DEGREE HOLDERS 
        ELIGIBLE TO TAKE LICENSING EXAMINATION.] 
           A person with a baccalaureate degree from an accredited 
        college or university who has successfully completed a 
        board-certified practical skills oriented basic training course 
        is eligible to take the peace officer licensing examination. 
           Sec. 5.  [626.8517] [ELIGIBILITY FOR RECIPROCITY 
        EXAMINATION BASED ON RELEVANT MILITARY EXPERIENCE.] 
           (a) For purposes of this section, "relevant military 
        experience" means five years of active duty military police 
        service. 
           (b) A person who has relevant military experience and who 
        has been honorably discharged from the military is eligible to 
        take the reciprocity examination. 
           Sec. 6.  [626.951] [RACIAL PROFILING STUDY; REPORT 
        REQUIRED.] 
           Subdivision 1.  [RACIAL PROFILING STUDY.] (a) The 
        commissioner of public safety shall oversee a statewide study on 
        traffic stops of citizens to determine whether racial profiling 
        exists.  Law enforcement agencies that decide to participate in 
        the study shall follow the procedures set forth by this 
        section.  Agencies that receive state money for the installation 
        of video cameras in police vehicles shall participate in the 
        study. 
           (b) The data that must be collected as part of this study 
        include: 
           (1) the location of the stop; 
           (2) the date and time of the stop; 
           (3) the age, race/ethnicity, and gender of the driver; 
           (4) the traffic violation or reason that led to the stop; 
           (5) the disposition of the stop, arrest, citation, warning, 
        or no action; 
           (6) whether a search was conducted of the driver, 
        passengers, or vehicle; 
           (7) if a search was conducted, the authority for the 
        search; 
           (8) if a search was conducted, whether any contraband was 
        discovered or seized and the nature of the contraband; 
           (9) whether the officer knew the race/ethnicity of the 
        driver before the stop; and 
           (10) the law enforcement agency's code. 
           (c) The time period of the study shall be 12 months, 
        beginning on January 1, 2002, and ending December 31, 2002.  
           (d) The elements listed in paragraph (b) are the minimum 
        that a law enforcement agency participating in the study must 
        collect.  Nothing in this section prohibits an agency from 
        voluntarily collecting additional data elements.  If an agency 
        collects additional data elements, the data are classified as 
        provided in subdivision 7. 
           Subd. 2.  [SUBMISSION OF DATA TO COMMISSIONER.] On a 
        frequency determined by the commissioner of public safety, each 
        chief law enforcement officer of a law enforcement agency 
        participating in the study shall submit to the commissioner the 
        data described in subdivision 1 for each traffic stop conducted 
        by the agency's law enforcement officers. 
           Subd. 3.  [METHOD OF DATA COLLECTION.] A chief law 
        enforcement officer may collect and submit the data described in 
        this section electronically, if the method of doing so is 
        compatible with the department of public safety's computer 
        system, or on paper forms supplied by the commissioner of public 
        safety. 
           Subd. 4.  [OUTSIDE EXPERT.] The commissioners of 
        administration and public safety shall retain a sufficiently 
        experienced and independent organization or individual to: 
           (1) design and oversee the data collection process 
        described in this section; 
           (2) develop baseline measures to analyze the data 
        collected; 
           (3) develop and implement a data compliance auditing 
        process that ensures the accuracy of data collected through, 
        among other things, periodic spot checks; and 
           (4) analyze the data collected. 
           Subd. 5.  [OTHER DUTIES OF COMMISSIONER.] The commissioner 
        of public safety shall: 
           (1) ensure that data forwarded to the commissioner under 
        this section is entered into a central database in a timely 
        manner; 
           (2) cooperate with the outside expert to facilitate the 
        ability of the expert to fulfill its duties under this section, 
        including allowing the expert sufficient access to the compiled 
        data; and 
           (3) develop and distribute to law enforcement agencies 
        participating in the study a paper form to collect the data.  
           Subd. 6.  [REPORT REQUIRED.] The outside expert shall 
        analyze the data collected to determine the degree to which, if 
        at all, racial profiling occurs in traffic stops made by law 
        enforcement agencies participating in the study within the 
        state.  By December 1, 2003, the expert shall report the results 
        of the analysis to the chairs of the senate and house committees 
        having jurisdiction over criminal justice policy. 
           Subd. 7.  [DATA.] If law enforcement agencies collect data 
        for purposes of traffic stops, the data collected, including 
        video data, are private data on individuals or nonpublic data as 
        defined in section 13.02.  This subdivision does not affect the 
        classification of the same data collected for other law 
        enforcement purposes.  
           Sec. 7.  [626.9513] [RACIAL PROFILING ADVISORY COMMITTEE.] 
           Subdivision 1.  [COMMITTEE ESTABLISHED; MEMBERS.] (a) The 
        racial profiling advisory committee consists of the following 
        individuals or their designees: 
           (1) the executive director of the Minnesota chiefs of 
        police association; 
           (2) the executive director of the Minnesota police and 
        peace officers association; 
           (3) the executive director of the Minnesota sheriffs 
        association; 
           (4) a chief of police, selected by the Minnesota chiefs of 
        police association; 
           (5) a member of the Minnesota police and peace officers 
        association, selected by the association; 
           (6) the executive director of the council on Asian-Pacific 
        Minnesotans; 
           (7) the executive director of the council on Black 
        Minnesotans; 
           (8) the executive director of the council on Indian 
        affairs; 
           (9) the executive director of the council on Chicano-Latino 
        people affairs; 
           (10) the executive director of an Urban League chapter, 
        selected by agreement of the executive directors of the Urban 
        League chapters within the state; 
           (11) the president of a National Association for the 
        Advancement of Colored People branch, selected by agreement of 
        the presidents of the National Association for the Advancement 
        of Colored People branches within the state; 
           (12) one person appointed by the commissioner of public 
        safety; and 
           (13) one person appointed by the Black Ministers Alliance. 
           Subd. 2.  [DUTIES.] The racial profiling advisory committee 
        must: 
           (1) advise the board of peace officer standards and 
        training on the development of the statewide antiracial 
        profiling model policy under section 626.8471, subdivision 3; 
           (2) advise the board of peace officer standards and 
        training on racial profiling training objectives, materials, and 
        implementation; 
           (3) advise the attorney general on the racial profiling 
        public awareness campaign; and 
           (4) advise the peace officer standards and training board 
        on any other policies relating to racial profiling based on the 
        review of summary data on racial profiling complaints. 
           Subd. 3.  [COMMITTEE ACTION.] Committee action, including 
        any action recommended must be approved by a two-thirds majority 
        of the whole committee. 
           Subd. 4.  [EXPIRATION.] The racial profiling advisory 
        committee expires on June 30, 2003.  
           Sec. 8.  [626.9514] [TOLL-FREE TELEPHONE NUMBER.] 
           The attorney general shall operate and maintain a toll-free 
        telephone number for complaints dealing with racial profiling.  
        The attorney general must act as a clearinghouse for racial 
        profiling complaints and must forward complaints to the peace 
        officer standards and training board. 
           Sec. 9.  [626.9517] [GRANT PROGRAM FOR INSTALLATION OF 
        VIDEO CAMERAS IN POLICE VEHICLES.] 
           Subdivision 1.  [GRANTS; CAMERAS DESCRIBED.] The 
        commissioner of public safety shall make grants to law 
        enforcement agencies participating in the racial profiling study 
        described in section 626.951 for the purchase, installation, and 
        maintenance of video cameras on police vehicles designed to 
        record traffic stops.  A video camera installed pursuant to a 
        grant under this section must: 
           (1) be automatically activated during every traffic stop; 
           (2) contain an audio feature; and 
           (3) be designed and installed so as to record the stop in 
        its entirety. 
           Cameras may not be equipped with manual shut-off switches 
        and must be activated for the entirety of a traffic stop. 
           Subd. 2.  [STORAGE OF VIDEO.] Notwithstanding section 
        138.163 or 138.17, chief law enforcement officers of agencies 
        receiving grants under this section for video cameras in police 
        vehicles shall ensure that the video tape or disk from the 
        camera be stored for a minimum of 60 days after use.  If the 
        chief law enforcement officer has not been instructed by the 
        board or the attorney general to maintain the tape or disk 
        beyond that period, the chief law enforcement officer may reuse 
        it.  Tapes and disks must be stored and maintained under this 
        subdivision in an accessible manner.  The tapes and disks must 
        be clearly labeled and ordered. 
           Subd. 3.  [AVAILABILITY OF VIDEO TAPE.] A chief law 
        enforcement officer shall provide a copy of a video tape or disk 
        that recorded a traffic stop to the driver of the stopped 
        vehicle upon the driver's request and at the driver's expense if 
        the tape or disk has not yet been reused. 
           Sec. 10.  [STUDY.] 
           The chief of the state patrol shall identify measures to 
        better recruit minorities and increase their representation in 
        the state patrol so it more accurately reflects the population 
        served by the state patrol.  By January 15, 2002, the chief 
        shall report to the senate and house committees and divisions 
        having jurisdiction over criminal justice and transportation 
        policy and funding on the measures identified and the resources 
        needed to implement these measures. 
           Sec. 11.  [REGIONAL TRAINING SEMINARS.] 
           The board of peace officer standards and training shall 
        facilitate regional seminars throughout the state to increase 
        awareness about racial profiling issues unique to specific 
        regions of the state and to promote a community-oriented 
        response to the issue of racial profiling.  The training 
        seminars shall satisfy the learning objectives described in 
        Minnesota Statutes, section 626.8471, subdivision 6.  These 
        seminars shall be completed by December 31, 2001. 
           Sec. 12.  [REPORTS.] 
           Subdivision 1.  [MODEL POLICY; TRAINING.] By February 15, 
        2002, the executive director of the board of peace officer 
        standards and training shall report to the house and senate 
        committees with jurisdiction over criminal justice funding on 
        the development of a model policy; learning objectives; regional 
        training seminars, including attendance figures for the 
        seminars; and the training materials prepared for chief law 
        enforcement officers and other officers with supervisory 
        authority. 
           Subd. 2.  [COMPLAINTS.] The peace officer standards and 
        training board shall forward to the racial profiling advisory 
        committee, and make available to the public, summary data on 
        complaints received under Minnesota Statutes, section 626.9514. 
           Sec. 13.  [INSTRUCTION TO REVISOR; LEGISLATIVE INTENT.] 
           The surcharge increase contained in Minnesota Statutes, 
        section 357.021, in this act is superseded by any other increase 
        to the surcharge enacted in the 2001 First Special Session. 
           Sec. 14.  [APPROPRIATIONS.] 
           Subdivision 1.  [SPECIAL REVENUE SPENDING AUTHORIZATION.] 
        (a) The commissioner of public safety is authorized to spend 
        funds appropriated from the criminal justice special projects 
        account in the special revenue fund under Minnesota Statutes, 
        section 357.021, subdivision 7, for: 
           (1) grants for video cameras under Minnesota Statutes, 
        section 626.9517; 
           (2) retaining the outside expert required under Minnesota 
        Statutes, section 626.951, subdivision 4; 
           (3) reimbursement to law enforcement agencies that 
        participate in the racial profiling study described in Minnesota 
        Statutes, section 626.951, for costs they incur in participating.
        This amount must not exceed $325,000 and must be distributed as 
        described in paragraph (d); 
           (4) costs incurred by the commissioner to provide oversight 
        of the racial profiling study described in Minnesota Statutes, 
        section 626.951.  This amount must not exceed $250,000; and 
           (5) increasing the amount available for reimbursements to 
        local agencies for the cost of administering board-approved 
        continuing education for peace officers to allow the following 
        agencies or divisions to be eligible to receive reimbursements 
        for training costs in the same manner and in like amounts as 
        local agencies: 
           (i) the state patrol; 
           (ii) alcohol and gambling enforcement; 
           (iii) the bureau of criminal apprehension; and 
           (iv) the office of special investigations in the department 
        of corrections.  
           The amount expended under this paragraph must not exceed 
        $535,000. 
           (b) The commissioner shall issue a request for proposals 
        and select a vendor from whom to purchase video cameras under 
        Minnesota Statutes, section 626.9517.  The vendor selected must 
        provide maintenance and extended warranties for the cameras. 
           (c) The commissioner shall aggressively seek available 
        federal grants related to eliminating racial profiling and 
        assist local units of government to receive federal funding. 
           (d) The commissioner may reimburse law enforcement agencies 
        under paragraph (a), clause (3), in the following maximum 
        amounts: 
           (1) up to $5,000 for agencies with fewer than 100 full-time 
        sworn peace officers; 
           (2) up to $15,000 for agencies with at least 100, but fewer 
        than 300 full-time sworn peace officers; 
           (3) up to $30,000 for agencies with at least 300, but fewer 
        than 500 full-time sworn peace officers; 
           (4) up to $50,000 for agencies with at least 500, but fewer 
        than 800 full-time sworn peace officers; and 
           (5) up to $60,000 for agencies with 800 or more full-time 
        sworn peace officers. 
           Subd. 2.  [SPECIAL REVENUE TRANSFER AUTHORIZATION.] (a) The 
        commissioner of public safety is authorized to transfer the 
        following amounts appropriated from the criminal justice special 
        projects account in the special revenue fund under Minnesota 
        Statutes, section 357.021, subdivision 7, for the purposes 
        indicated: 
           (1) $100,000 to the attorney general to: 
           (i) obtain and maintain the toll-free telephone number to 
        receive complaints under Minnesota Statutes, section 626.9514; 
        and 
           (ii) develop and implement, in consultation with the racial 
        profiling advisory committee, a public awareness campaign on the 
        issue of racial profiling and the availability of the toll-free 
        telephone number described in Minnesota Statutes, section 
        626.9514; and 
           (2) $350,000 to the peace officer standards and training 
        board for costs associated with the regional training seminars 
        described in section 11. 
           Subd. 3.  [EXPIRATION AND USE.] The authorization in this 
        section expires June 30, 2003.  Funds appropriated from the 
        criminal justice special projects account in the special revenue 
        fund under Minnesota Statutes, section 357.021, subdivision 7, 
        may be used only for the purposes authorized by this section. 
           Sec. 15.  [EFFECTIVE DATE.] 
           Sections 1 to 13 are effective July 1, 2001. 

                                   ARTICLE 8 
                          GENERAL CRIMINAL PROVISIONS 
           Section 1.  Minnesota Statutes 2000, section 152.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SCHEDULE I.] The following items are listed in 
        Schedule I: 
           (1) Any of the following substances, including their 
        isomers, esters, ethers, salts, and salts of isomers, esters, 
        and ethers, unless specifically excepted, whenever the existence 
        of such isomers, esters, ethers and salts is possible within the 
        specific chemical designation:  Acetylmethadol; Allylprodine; 
        Alphacetylmethadol; Alphameprodine; Alphamethadol; Benzethidine; 
        Betacetylmethadol; Betameprodine; Betamethadol; Betaprodine; 
        Clonitazene; Dextromoramide; Dextrorphan; Diampromide; 
        Diethyliambutene; Dimenoxadol; Dimepheptanol; Dimethyliambutene; 
        Dioxaphetyl butyrate; Dipipanone; Ethylmethylthiambutene; 
        Etonitazene; Etoxeridine; Furethidine; Hydroxypethidine; 
        Ketobemidone; Levomoramide; Levophenacylmorphan; Morpheridine; 
        Noracymethadol; Norlevorphanol; Normethadone; Norpipanone; 
        Phenadoxone; Phenampromide; Phenomorphan; Phenoperidine; 
        Piritramide; Proheptazine; Properidine; Racemoramide; 
        Trimeperidine.  
           (2) Any of the following opium derivatives, their salts, 
        isomers and salts of isomers, unless specifically excepted, 
        whenever the existence of such salts, isomers and salts of 
        isomers is possible within the specific chemical designation:  
        Acetorphine; Acetyldihydrocodeine; Acetylcodone; Benzylmorphine; 
        Codeine methylbromide; Codeine-N-Oxide; Cyprenorphine; 
        Desomorphine; Dihydromorphine; Etorphine; Heroin; 
        Hydromorphinol; Methyldesorphine; Methylhydromorphine; Morphine 
        methylbromide; Morphine methylsulfonate; Morphine-N-Oxide; 
        Myrophine; Nicocodeine; Nicomorphine; Normorphine; Pholcodine; 
        Thebacon.  
           (3) Any material, compound, mixture or preparation which 
        contains any quantity of the following hallucinogenic 
        substances, their salts, isomers and salts of isomers, unless 
        specifically excepted, whenever the existence of such salts, 
        isomers, and salts of isomers is possible within the specific 
        chemical designation:  3,4-methylenedioxy amphetamine; 
        3,4-methylenedioxymethamphetamine; 
        4-bromo-2,5-dimethoxyamphetamine; 2,5-dimethoxyamphetamine; 
        4-methoxyamphetamine; 5-methoxy-3, 4-methylenedioxy amphetamine; 
        Bufotenine; Diethyltryptamine; Dimethyltryptamine; 
        3,4,5-trimethoxy amphetamine; 4-methyl-2, 
        5-dimethoxyamphetamine; Ibogaine; Lysergic acid diethylamide; 
        marijuana; Mescaline; N-ethyl-3-piperidyl benzilate; 
        N-methyl-3-piperidyl benzilate; Psilocybin; Psilocyn; 
        Tetrahydrocannabinols; 1-(1-(2-thienyl) cyclohexyl) piperidine; 
        n-ethyl-1-phenyl-cyclohexylamine; 1-(1-phenylcyclohexyl) 
        pyrrolidine.  
           (4) Peyote, providing the listing of peyote as a controlled 
        substance in schedule I does not apply to the nondrug use of 
        peyote in bona fide religious ceremonies of the American Indian 
        Church, and members of the American Indian Church are exempt 
        from registration.  Any person who manufactures peyote for or 
        distributes peyote to the American Indian Church, however, is 
        required to obtain federal registration annually and to comply 
        with all other requirements of law.  
           (5) Unless specifically excepted or unless listed in 
        another schedule, any material compound, mixture, or preparation 
        which contains any quantity of the following substances having a 
        depressant effect on the central nervous system, including its 
        salts, isomers, and salts of isomers whenever the existence of 
        such salts, isomers, and salts of isomers is possible within the 
        specific chemical designation:  
           Mecloqualone; 
           Flunitrazepam. 
           (6) Unless specifically excepted or unless listed in 
        another schedule, any material compound, mixture, or preparation 
        which contains any quantity of the following substances having a 
        stimulant effect on the central nervous system, including its 
        salts, isomers, and salts of isomers whenever the existence of 
        such salts, isomers, and salts of isomers is possible within the 
        specific chemical designation: 
        Cathinone; 
        Methcathinone. 
           Sec. 2.  Minnesota Statutes 2000, section 152.022, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SALE CRIMES.] A person is guilty of 
        controlled substance crime in the second degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of three grams or more containing cocaine, heroin, or 
        methamphetamine; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing a narcotic drug other than 
        cocaine, heroin, or methamphetamine; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of ten grams or more containing amphetamine, phencyclidine, or 
        hallucinogen or, if the controlled substance is packaged in 
        dosage units, equaling 50 or more dosage units; 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully sells one or more mixtures of a total weight 
        of 25 kilograms or more containing marijuana or 
        Tetrahydrocannabinols; 
           (5) the person unlawfully sells any amount of a schedule I 
        or II narcotic drug to a person under the age of 18, or 
        conspires with or employs a person under the age of 18 to 
        unlawfully sell the substance; or 
           (6) the person unlawfully sells any of the following in a 
        school zone, a park zone, a public housing zone, or a drug 
        treatment facility: 
           (i) any amount of a schedule I or II narcotic drug, or 
        lysergic acid diethylamide (LSD), 3,4-methylenedioxy 
        amphetamine, or 3,4-methylenedioxymethamphetamine; 
           (ii) one or more mixtures containing methamphetamine or 
        amphetamine; or 
           (iii) one or more mixtures of a total weight of five 
        kilograms or more containing marijuana or Tetrahydrocannabinols. 
           Sec. 3.  Minnesota Statutes 2000, section 152.023, 
        subdivision 2, is amended to read: 
           Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
        controlled substance crime in the third degree if: 
           (1) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of three grams or more containing cocaine, heroin, or 
        methamphetamine; 
           (2) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of ten grams or more containing a narcotic drug other 
        than cocaine, heroin, or methamphetamine; 
           (3) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures containing a 
        narcotic drug, it is packaged in dosage units, and equals 50 or 
        more dosage units; 
           (4) on one or more occasions within a 90-day period the 
        person unlawfully possesses any amount of a schedule I or II 
        narcotic drug or five or more dosage units of lysergic acid 
        diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 
        3,4-methylenedioxymethamphetamine in a school zone, a park zone, 
        a public housing zone, or a drug treatment facility; 
           (5) on one or more occasions within a 90-day period the 
        person unlawfully possesses one or more mixtures of a total 
        weight of ten kilograms or more containing marijuana or 
        Tetrahydrocannabinols; or 
           (6) the person unlawfully possesses one or more mixtures 
        containing methamphetamine or amphetamine in a school zone, a 
        park zone, a public housing zone, or a drug treatment facility. 
           Sec. 4.  Minnesota Statutes 2000, section 169A.03, 
        subdivision 12, is amended to read: 
           Subd. 12.  [MISDEMEANOR.] "Misdemeanor" means a crime for 
        which a person may be sentenced to imprisonment for not more 
        than 90 days, or to payment of a fine of not more 
        than $700 $1,000, or both. 
           Sec. 5.  Minnesota Statutes 2000, section 343.20, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [PET OR COMPANION ANIMAL.] "Pet or companion 
        animal" includes any animal owned, possessed by, cared for, or 
        controlled by a person for the present or future enjoyment of 
        that person or another as a pet or companion, or any stray pet 
        or stray companion animal. 
           Sec. 6.  Minnesota Statutes 2000, section 343.20, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [SERVICE ANIMAL.] "Service animal" means an 
        animal trained to assist a person with a disability. 
           Sec. 7.  Minnesota Statutes 2000, section 343.20, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [SUBSTANTIAL BODILY HARM.] "Substantial bodily 
        harm" means bodily injury which involves a temporary but 
        substantial disfigurement, or which causes a temporary but 
        substantial loss or impairment of the function of any bodily 
        member or organ, or which causes a fracture of any bodily member 
        to a service animal or a pet or companion animal. 
           Sec. 8.  Minnesota Statutes 2000, section 343.20, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [GREAT BODILY HARM.] "Great bodily harm" means 
        bodily injury which creates a high probability of death, or 
        which causes serious permanent disfigurement, or which causes a 
        permanent or protracted loss or impairment of the function of 
        any bodily member or organ, or other serious bodily harm to a 
        service animal or a pet or companion animal. 
           Sec. 9.  Minnesota Statutes 2000, section 343.21, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [HARMING A SERVICE ANIMAL.] No person shall 
        intentionally and without justification cause bodily harm to a 
        service animal while it is providing service or while it is in 
        the custody of the person it serves. 
           Sec. 10.  Minnesota Statutes 2000, section 343.21, 
        subdivision 9, is amended to read: 
           Subd. 9.  [PENALTY.] (a) Except as otherwise provided in 
        this subdivision, a person who fails to comply with any 
        provision of this section is guilty of a misdemeanor.  A person 
        convicted of a second or subsequent violation of subdivision 1 
        or 7 within five years of a previous violation of subdivision 1 
        or 7 is guilty of a gross misdemeanor. 
           (b) A person who intentionally violates subdivision 1 or 7 
        where the violation results in substantial bodily harm to a pet 
        or companion animal may be sentenced to imprisonment for not 
        more than one year or to payment of a fine of not more than 
        $3,000, or both. 
           (c) A person convicted of violating paragraph (b) within 
        five years of a previous gross misdemeanor or felony conviction 
        for violating this section may be sentenced to imprisonment for 
        not more than two years or to payment of a fine of not more than 
        $5,000, or both. 
           (d) A person who intentionally violates subdivision 1 or 7 
        where the violation results in death or great bodily harm to a 
        pet or companion animal may be sentenced to imprisonment for not 
        more than two years or to payment of a fine of not more than 
        $5,000, or both.  
           (e) A person who violates subdivision 8a where the 
        violation results in substantial bodily harm to a service animal 
        may be sentenced to imprisonment for not more than two years or 
        to payment of a fine of not more than $5,000, or both. 
           (f) A person who intentionally violates subdivision 1 or 7 
        where the violation results in substantial bodily harm to a pet 
        or companion animal, and the act is done to threaten, 
        intimidate, or terrorize another person, may be sentenced to 
        imprisonment for not more than two years or to payment of a fine 
        of not more than $5,000, or both. 
           (g) A person who violates subdivision 8a where the 
        violation results in death or great bodily harm to a service 
        animal may be sentenced to imprisonment for not more than four 
        years or to payment of a fine of not more than $10,000, or both. 
           (h) A person who intentionally violates subdivision 1 or 7 
        where the violation results in death or great bodily harm to a 
        pet or companion animal, and the act is done to threaten, 
        intimidate, or terrorize another person, may be sentenced to 
        imprisonment for not more than four years or to payment of a 
        fine of not more than $10,000, or both.  
           Sec. 11.  Minnesota Statutes 2000, section 343.21, 
        subdivision 10, is amended to read: 
           Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
        violating this section, the court shall require that pet or 
        companion animals, as defined in section 346.36, subdivision 6, 
        that have not been seized by a peace officer or agent and are in 
        the custody or control of the person must be turned over to a 
        peace officer or other appropriate officer or agent unless the 
        court determines that the person is able and fit to provide 
        adequately for an animal.  If the evidence indicates lack of 
        proper and reasonable care of an animal, the burden is on the 
        person to affirmatively demonstrate by clear and convincing 
        evidence that the person is able and fit to have custody of and 
        provide adequately for an animal.  The court may limit the 
        person's further possession or custody of pet or companion 
        animals, and may impose other conditions the court considers 
        appropriate, including, but not limited to: 
           (1) imposing a probation period during which the person may 
        not have ownership, custody, or control of a pet or companion 
        animal; 
           (2) requiring periodic visits of the person by an animal 
        control officer or agent appointed pursuant to section 343.01, 
        subdivision 1; 
           (3) requiring performance by the person of community 
        service in a humane facility; and 
           (4) requiring the person to receive psychological, 
        behavioral, or other counseling. 
           Sec. 12.  Minnesota Statutes 2000, section 343.235, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL RULE.] An animal taken into 
        custody under section 343.12, 343.22 or, 343.29, or 343.31 may 
        be humanely disposed of at the discretion of the jurisdiction 
        having custody of the animal ten days after the animal is taken 
        into custody, provided that the procedures in subdivision 3 are 
        followed.  An animal raised for food or fiber products may not 
        be seized or disposed of without prior examination by a licensed 
        veterinarian pursuant to a warrant issued by a judge.  
           Sec. 13.  Minnesota Statutes 2000, section 343.235, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE; RIGHT TO HEARING.] (a) The authority 
        taking custody of an animal under section 343.12, 343.22 or, 
        343.29, or 343.31 shall give notice of this section by 
        delivering or mailing it to a person claiming an interest in the 
        animal or by posting a copy of it at the place where the animal 
        is taken into custody or by delivering it to a person residing 
        on the property, and telephoning, if possible.  The notice must 
        include: 
           (1) a description of the animal seized; the authority and 
        purpose for the seizure; the time, place, and circumstances 
        under which the animal was seized; and the location, address, 
        telephone number, and contact person where the animal is kept; 
           (2) a statement that a person claiming an interest in the 
        animal may post security to prevent disposition of the animal 
        and may request a hearing concerning the seizure or impoundment 
        and that failure to do so within ten days of the date of the 
        notice will result in disposition of the animal; and 
           (3) a statement that all actual costs of the care, keeping, 
        and disposal of the animal are the responsibility of the person 
        claiming an interest in the animal, except to the extent that a 
        court or hearing officer finds that the seizure or impoundment 
        was not substantially justified by law. 
           The notice must also include a form that can be used by a 
        person claiming an interest in the animal for requesting a 
        hearing under this subdivision. 
           (b) Upon request of a person claiming an interest in the 
        animal, which request must be made within ten days of the date 
        of seizure, a hearing must be held within five business days of 
        the request, to determine the validity of the seizure and 
        impoundment.  If the seizure was done pursuant to a warrant 
        under section 343.22, the hearing must be conducted by the judge 
        who issued the warrant.  If the seizure was done under 
        section 343.12, 343.29, or 343.31, the municipality taking 
        custody of the animal or, in the case of a humane society, the 
        municipality from which the animal was seized, may either (1) 
        authorize a licensed veterinarian with no financial interest in 
        the matter or professional association with either party or (2) 
        use the services of a hearing officer to conduct the hearing.  A 
        person claiming an interest in the animal who is aggrieved by a 
        decision of a hearing officer under this subdivision may seek a 
        court order governing the seizure or impoundment within five 
        days of notice of the order. 
           (c) The judge or hearing officer may authorize the return 
        of the animal, if the judge or hearing officer finds that: 
           (1) the animal is physically fit; and 
           (2) the person claiming an interest in the animal can and 
        will provide the care required by law for the animal. 
           (d) The person claiming an interest in the animal is liable 
        for all actual costs of care, keeping, and disposal of the 
        animal, except to the extent that a court or hearing officer 
        finds that the seizure or impoundment was not substantially 
        justified by law.  The costs must be paid in full or a mutually 
        satisfactory arrangement for payment must be made between the 
        municipality and the person claiming an interest in the animal 
        before return of the animal to the person. 
           Sec. 14.  Minnesota Statutes 2000, section 347.50, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS.] For the purpose of sections 347.50 
        to 347.54 347.56, the terms defined in this section have the 
        meanings given them.  
           Sec. 15.  Minnesota Statutes 2000, section 347.50, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [GREAT BODILY HARM.] "Great bodily harm" has the 
        meaning given it under section 609.02, subdivision 8. 
           Sec. 16. Minnesota Statutes 2000, section 347.51, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REGISTRATION.] A county An animal control 
        authority shall issue a certificate of registration to the owner 
        of a dangerous dog if the owner presents sufficient evidence 
        that:  
           (1) a proper enclosure exists for the dangerous dog and a 
        posting on the premises with a clearly visible warning sign, 
        including a warning symbol to inform children, that there is a 
        dangerous dog on the property; and 
           (2) a surety bond issued by a surety company authorized to 
        conduct business in this state in a form acceptable to the 
        county animal control authority in the sum of at least $50,000, 
        payable to any person injured by the dangerous dog, or a policy 
        of liability insurance issued by an insurance company authorized 
        to conduct business in this state in the amount of at least 
        $50,000, insuring the owner for any personal injuries inflicted 
        by the dangerous dog; 
           (3) the owner has paid an annual fee of not more than $500, 
        in addition to any regular dog licensing fees, to obtain a 
        certificate of registration for a dangerous dog under this 
        section; and 
           (4) the owner has had microchip identification implanted in 
        the dangerous dog as required under section 347.515. 
           Sec. 17.  Minnesota Statutes 2000, section 347.51, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [DANGEROUS DOG DESIGNATION REVIEW.] Beginning 
        six months after a dog is declared a dangerous dog, an owner may 
        request annually that the animal control authority review the 
        designation.  The owner must provide evidence that the dog's 
        behavior has changed due to the dog's age, neutering, 
        environment, completion of obedience training that includes 
        modification of aggressive behavior, or other factors.  If the 
        animal control authority finds sufficient evidence that the 
        dog's behavior has changed, the authority may rescind the 
        dangerous dog designation. 
           Sec. 18.  Minnesota Statutes 2000, section 347.51, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CONTRACTED SERVICES.] A county may contract with 
        another political subdivision or other person to provide the 
        services required under sections 347.50 to 
        347.54.  Notwithstanding any contract entered into under this 
        subdivision, all fees collected under sections 347.50 to 347.54 
        shall be paid to the county and all certificates of registration 
        must be issued in the name of the county. 
           Sec. 19.  [347.515] [MICROCHIP IDENTIFICATION.] 
           The owner of a dangerous or potentially dangerous dog must 
        have a microchip implanted in the dog for identification, and 
        the name of the microchip manufacturer and identification number 
        of the microchip must be provided to the animal control 
        authority.  If the microchip is not implanted by the owner, it 
        may be implanted by the animal control authority.  In either 
        case, all costs related to purchase and implantation of the 
        microchip must be borne by the dog's owner. 
           Sec. 20.  Minnesota Statutes 2000, section 347.52, is 
        amended to read: 
           347.52 [DANGEROUS DOGS; REQUIREMENTS.] 
           (a) An owner of a dangerous dog shall keep the dangerous 
        dog, while on the owner's property, in a proper enclosure.  If 
        the dog is outside the proper enclosure, the dog must be muzzled 
        and restrained by a substantial chain or leash and under the 
        physical restraint of a responsible person.  The muzzle must be 
        made in a manner that will prevent the dog from biting any 
        person or animal but that will not cause injury to the dog or 
        interfere with its vision or respiration. 
           (b) An owner of a dangerous dog must renew the registration 
        of the dog annually until the dog is deceased.  If the dog is 
        removed from the jurisdiction, it must be registered as a 
        dangerous dog in its new jurisdiction. 
           (c) An owner of a dangerous dog must notify the animal 
        control authority in writing of the death of the dog or its 
        transfer to a new jurisdiction within 30 days of the death or 
        transfer, and must, if requested by the animal control 
        authority, execute an affidavit under oath setting forth either 
        the circumstances of the dog's death and disposition or the 
        complete name, address, and telephone number of the person to 
        whom the dog has been transferred. 
           (d) An animal control authority may require a dangerous dog 
        to be sterilized at the owner's expense.  If the owner does not 
        have the animal sterilized, the animal control authority may 
        have the animal sterilized at the owner's expense. 
           (e) A person who owns a dangerous dog and who rents 
        property from another where the dog will reside must disclose to 
        the property owner prior to entering the lease agreement and at 
        the time of any lease renewal that the person owns a dangerous 
        dog that will reside at the property. 
           (f) A person who sells a dangerous dog must notify the 
        purchaser that the animal control authority has identified the 
        dog as dangerous.  The seller must also notify the animal 
        control authority in writing of the sale and provide the animal 
        control authority with the new owner's name, address, and 
        telephone number. 
           Sec. 21.  Minnesota Statutes 2000, section 347.55, is 
        amended to read: 
           347.55 [PENALTY.] 
           (a) Any person who violates any provision of section 347.51 
        or 347.52 is guilty of a misdemeanor. 
           (b) It is a misdemeanor to remove a microchip from a 
        dangerous or potentially dangerous dog, to fail to renew the 
        registration of a dangerous dog, to fail to account for a 
        dangerous dog's death or removal from the jurisdiction, to sign 
        a false affidavit with respect to a dangerous dog's death or 
        removal from the jurisdiction, or to fail to disclose ownership 
        of a dangerous dog to a property owner from whom the person 
        rents property. 
           Sec. 22.  [347.56] [DESTRUCTION OF DOG IN CERTAIN 
        CIRCUMSTANCES.] 
           Notwithstanding sections 347.51 to 347.55, a dog that 
        inflicted substantial or great bodily harm on a human being on 
        public or private property without provocation may be destroyed 
        in a proper and humane manner by the animal control authority.  
        The animal control authority may not destroy the dog until the 
        dog owner has had the opportunity for a hearing before an 
        impartial decision maker. 
           The definitions in section 347.50, and the exemptions under 
        section 347.51, subdivision 5, apply to this section. 
           Sec. 23.  Minnesota Statutes 2000, section 609.487, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 
        Whoever flees or attempts to flee by means of a motor vehicle a 
        peace officer who is acting in the lawful discharge of an 
        official duty, and the perpetrator knows or should reasonably 
        know the same to be a peace officer, and who in the course of 
        fleeing causes the death of a human being not constituting 
        murder or manslaughter or any bodily injury to any person other 
        than the perpetrator may be sentenced to imprisonment as follows:
           (a) If the course of fleeing results in death, to 
        imprisonment for not more than ten 40 years or to payment of a 
        fine of not more than $20,000 $80,000, or both; or 
           (b) If the course of fleeing results in great bodily harm, 
        to imprisonment for not more than seven years or to payment of a 
        fine of not more than $14,000, or both; or 
           (c) If the course of fleeing results in substantial bodily 
        harm, to imprisonment for not more than five years or to payment 
        of a fine of not more than $10,000, or both.  
           Sec. 24.  Minnesota Statutes 2000, section 609.495, 
        subdivision 1, is amended to read: 
           Subdivision 1.  (a) Whoever harbors, conceals, or aids, or 
        assists by word or acts another known by whom the actor to have 
        knows or has reason to know has committed a felony crime under 
        the laws of this or another state or of the United States with 
        intent that such offender shall avoid or escape from arrest, 
        trial, conviction, or punishment, may be sentenced to 
        imprisonment for not more than three years or to payment of a 
        fine of not more than $5,000, or both if the crime committed or 
        attempted by the other person is a felony.  
           (b) Whoever knowingly harbors, conceals, or aids a person 
        who is on probation, parole, or supervised release because of a 
        felony level conviction and for whom an arrest and detention 
        order has been issued, with intent that the person evade or 
        escape being taken into custody under the order, may be 
        sentenced to imprisonment for not more than three years or to 
        payment of a fine of not more than $5,000, or both.  As used in 
        this paragraph, "arrest and detention order" means a written 
        order to take and detain a probationer, parolee, or supervised 
        releasee that is issued under section 243.05, subdivision 1; 
        244.19, subdivision 4; or 401.02, subdivision 4. 
           Sec. 25.  Minnesota Statutes 2000, section 609.495, 
        subdivision 3, is amended to read: 
           Subd. 3.  Whoever intentionally aids another person known 
        by whom the actor to have knows or has reason to know has 
        committed a criminal act, by destroying or concealing evidence 
        of that crime, providing false or misleading information about 
        that crime, receiving the proceeds of that crime, or otherwise 
        obstructing the investigation or prosecution of that crime is an 
        accomplice after the fact and may be sentenced to not more than 
        one-half of the statutory maximum sentence of imprisonment or to 
        payment of a fine of not more than one-half of the maximum fine 
        that could be imposed on the principal offender for the crime of 
        violence.  For purposes of this subdivision, "criminal act" 
        means an act that is a crime listed in section 609.11, 
        subdivision 9, under the laws of this or another state, or of 
        the United States, and also includes an act that would be a 
        criminal act if committed by an adult. 
           Sec. 26.  Minnesota Statutes 2000, section 609.521, is 
        amended to read: 
           609.521 [POSSESSION OF SHOPLIFTING GEAR.] 
           (a) As used in this section, an "electronic article 
        surveillance system" means any electronic device or devices that 
        are designed to detect the unauthorized removal of marked 
        merchandise from a store. 
           (b) Whoever has in possession any device, gear, or 
        instrument specially designed to assist in shoplifting or 
        defeating an electronic article surveillance system with intent 
        to use the same to shoplift and thereby commit theft may be 
        sentenced to imprisonment for not more than three years or to 
        payment of a fine of not more than $5,000, or both. 
           Sec. 27.  [609.652] [FRAUDULENT DRIVERS' LICENSES AND 
        IDENTIFICATION CARDS; PENALTY.] 
           Subdivision 1.  [DEFINITIONS.] For purposes of this section:
           (1) "driver's license or identification card" means a 
        driver's license or identification card issued by the driver and 
        vehicle services division of the department of public safety or 
        receipts issued by its authorized agents or those of any state 
        as defined in section 171.01 that issues licenses recognized in 
        this state for the operation of a motor vehicle or that issues 
        identification cards recognized in this state for the purpose of 
        indicating a person's legal name and age; 
           (2) "fraudulent driver's license or identification card" 
        means a document purporting to be a driver's license or 
        identification card, but that is not authentic; and 
           (3) "sell" means to sell, barter, deliver, exchange, 
        distribute, or dispose of to another. 
           Subd. 2.  [CRIMINAL ACTS.] (a) A person who does any of the 
        following for consideration and with intent to manufacture, 
        sell, issue, publish, or pass more than one fraudulent driver's 
        license or identification card or to cause or permit any of the 
        items listed in clauses (1) to (5) to be used in forging or 
        making more than one false or counterfeit driver's license or 
        identification card is guilty of a crime: 
           (1) has in control, custody, or possession any plate, 
        block, press, stone, digital image, computer software program, 
        encoding equipment, computer optical scanning equipment, or 
        digital photo printer, or other implement, or any part of such 
        an item, designed to assist in making a fraudulent driver's 
        license or identification card; 
           (2) engraves, makes, or amends, or begins to engrave, make, 
        or amend, any plate, block, press, stone, or other implement for 
        the purpose of producing a fraudulent driver's license or 
        identification card; 
           (3) uses a photocopier, digital camera, photographic image, 
        or computer software to generate a fraudulent driver's license 
        or identification card; 
           (4) has in control, custody, or possession or makes or 
        provides paper or other material adapted and designed for the 
        making of a fraudulent driver's license or identification card; 
        or 
           (5) prints, photographs, or in any manner makes or executes 
        an engraved photograph, print, or impression purporting to be a 
        driver's license or identification card. 
           (b) Notwithstanding section 171.22, a person who 
        manufacturers or possesses more than one fraudulent driver's 
        license or identification card with intent to sell is guilty of 
        a crime. 
           Subd. 3.  [PENALTIES.] A person who commits any act 
        described in subdivision 2 is guilty of a gross misdemeanor.  A 
        person convicted of a second or subsequent offense of this 
        subdivision may be sentenced to imprisonment for not more than 
        five years or to payment of a fine of not more than $10,000, or 
        both. 
           Sec. 28.  Minnesota Statutes 2000, section 617.247, 
        subdivision 3, as amended by Laws 2001, chapter 197, section 4, 
        is amended to read: 
           Subd. 3.  [DISSEMINATION PROHIBITED.] (a) A person who 
        disseminates pornographic work to an adult or a minor, knowing 
        or with reason to know its content and character, is guilty of a 
        felony and may be sentenced to imprisonment for not more than 
        seven years and a fine of not more than $10,000 for a first 
        offense and for not more than 15 years and a fine of not more 
        than $20,000 for a second or subsequent offense. 
           (b) Unless a longer statutory maximum period is specified 
        in paragraph (a), A person who violates paragraph (a) is guilty 
        of a felony and may be sentenced to imprisonment for not more 
        than ten 15 years if the violation occurs when the person is a 
        registered predatory offender under section 243.166. 
           Sec. 29.  Minnesota Statutes 2000, section 629.471, 
        subdivision 2, is amended to read: 
           Subd. 2.  [QUADRUPLE FINE.] (a) For offenses under sections 
        169.09, 169A.20, 171.24, paragraph (c) subdivision 5, 609.2231, 
        subdivision 2, 609.487, and 609.525, the maximum cash bail that 
        may be required for a person charged with a misdemeanor or gross 
        misdemeanor violation is quadruple the highest cash fine that 
        may be imposed for the offense.  
           (b) Unless the court imposes the conditions of release 
        specified in section 169A.44, the court must impose maximum bail 
        when releasing a person from detention who has been charged with 
        violating section 169A.20 if the person has three or more prior 
        impaired driving convictions within the previous ten years.  As 
        used in this subdivision, "prior impaired driving conviction" 
        has the meaning given in section 169A.03. 
           Sec. 30.  [REPEALER.] 
           Minnesota Statutes 2000, section 347.51, subdivision 6, is 
        repealed. 
           Sec. 31.  [EFFECTIVE DATE.] 
           Sections 1 to 30 are effective August 1, 2001.  Those 
        provisions relating to crimes apply to crimes committed on or 
        after that date. 

                                   ARTICLE 9 
             PREDATORY OFFENDER REGISTRATION AND RELATED PROVISIONS
           Section 1.  Minnesota Statutes 2000, section 243.166, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
        register under this section if:  
           (1) the person was charged with or petitioned for a felony 
        violation of or attempt to violate any of the following, and 
        convicted of or adjudicated delinquent for that offense or 
        another offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, clause (2); or 
           (ii) kidnapping under section 609.25; or 
           (iii) criminal sexual conduct under section 609.342; 
        609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
           (iv) indecent exposure under section 617.23, subdivision 3; 
        or 
           (2) the person was charged with or petitioned for falsely 
        imprisoning a minor in violation of section 609.255, subdivision 
        2; soliciting a minor to engage in prostitution in violation of 
        section 609.322 or 609.324; soliciting a minor to engage in 
        sexual conduct in violation of section 609.352; using a minor in 
        a sexual performance in violation of section 617.246; or 
        possessing pornographic work involving a minor in violation of 
        section 617.247, and convicted of or adjudicated delinquent for 
        that offense or another offense arising out of the same set of 
        circumstances; or 
           (3) the person was convicted of a predatory crime as 
        defined in section 609.108, and the offender was sentenced as a 
        patterned sex offender or the court found on its own motion or 
        that of the prosecutor that the crime was part of a predatory 
        pattern of behavior that had criminal sexual conduct as its 
        goal; or 
           (4) the person was convicted of or adjudicated delinquent 
        for, including pursuant to a court martial, violating a law of 
        the United States, including the Uniform Code of Military 
        Justice, similar to the offenses described in clause (1), (2), 
        or (3). 
           (b) A person also shall register under this section if: 
           (1) the person was convicted of or adjudicated delinquent 
        in another state for an offense that would be a violation of a 
        law described in paragraph (a) if committed in this state; 
           (2) the person enters the state to reside, or to work or 
        attend school; and 
           (3) ten years have not elapsed since the person was 
        released from confinement or, if the person was not confined, 
        since the person was convicted of or adjudicated delinquent for 
        the offense that triggers registration, unless the person is 
        subject to lifetime registration, in which case the person must 
        register for life regardless of when the person was released 
        from confinement, convicted, or adjudicated delinquent. 
        For purposes of this paragraph: 
           (i) "school" includes any public or private educational 
        institution, including any secondary school, trade or 
        professional institution, or institution of higher education, 
        that the person is enrolled in on a full-time or part-time 
        basis; and 
           (ii) "work" includes employment that is full-time or 
        part-time for a period of time exceeding 14 days or for an 
        aggregate period of time exceeding 30 days during any calendar 
        year, whether financially compensated, volunteered, or for the 
        purpose of government or educational benefit. 
           (c) A person also shall register under this section if the 
        person was committed pursuant to a court commitment order under 
        section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
        a similar law of another state or the United States, regardless 
        of whether the person was convicted of any offense. 
           (d) A person also shall register under this section if: 
           (1) the person was charged with or petitioned for a felony 
        violation or attempt to violate any of the offenses listed in 
        paragraph (a), clause (1), or a similar law of another state or 
        the United States, or the person was charged with or petitioned 
        for a violation of any of the offenses listed in paragraph (a), 
        clause (2), or a similar law of another state or the United 
        States; 
           (2) the person was found not guilty by reason of mental 
        illness or mental deficiency after a trial for that offense, or 
        found guilty but mentally ill after a trial for that offense, in 
        states with a guilty but mentally ill verdict; and 
           (3) the person was committed pursuant to a court commitment 
        order under section 253B.18 or a similar law of another state or 
        the United States. 
           Sec. 2.  Minnesota Statutes 2000, section 243.166, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
        to register under this section shall register with the 
        corrections agent as soon as the agent is assigned to the 
        person.  If the person does not have an assigned corrections 
        agent or is unable to locate the assigned corrections agent, the 
        person shall register with the law enforcement agency that has 
        jurisdiction in the area of the person's residence. 
           (b) At least five days before the person starts living at a 
        new primary address, including living in another state, the 
        person shall give written notice of the new primary living 
        address to the assigned corrections agent or to the law 
        enforcement authority with which the person currently is 
        registered.  If the person will be living in a new state and 
        that state has a registration requirement, the person shall also 
        give written notice of the new address to the designated 
        registration agency in the new state.  The corrections agent or 
        law enforcement authority shall, within two business days after 
        receipt of this information, forward it to the bureau of 
        criminal apprehension.  The bureau of criminal apprehension 
        shall, if it has not already been done, notify the law 
        enforcement authority having primary jurisdiction in the 
        community where the person will live of the new address.  If the 
        person is leaving the state, the bureau of criminal apprehension 
        shall notify the registration authority in the new state of the 
        new address.  If the person's obligation to register arose under 
        subdivision 1, paragraph (b), the person's registration 
        requirements under this section terminate when the person begins 
        living in the new state. 
           (c) A person required to register under subdivision 1, 
        paragraph (b), because the person is working or attending school 
        in Minnesota shall register with the law enforcement agency that 
        has jurisdiction in the area where the person works or attends 
        school.  In addition to other information required by this 
        section, the person shall provide the address of the school or 
        of the location where the person is employed.  A person must 
        comply with this paragraph within five days of beginning 
        employment or school.  A person's obligation to register under 
        this paragraph terminates when the person is no longer working 
        or attending school in Minnesota. 
           (d) A person required to register under this section who 
        works or attends school outside of Minnesota shall register as a 
        predatory offender in the state where the person works or 
        attends school.  The person's corrections agent, or if the 
        person does not have an assigned corrections agent, the law 
        enforcement authority that has jurisdiction in the area of the 
        person's residence shall notify the person of this requirement. 
           Sec. 3.  Minnesota Statutes 2000, section 243.166, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
        person required to register under this section shall provide to 
        the corrections agent or law enforcement authority the following 
        information: 
           (1) the address of the person's primary residence; 
           (2) the addresses of all the person's secondary 
        residences in Minnesota, including all addresses used for 
        residential or recreational purposes; 
           (3) the addresses of all Minnesota property owned, leased, 
        or rented by the person; 
           (4) the addresses of all locations where the person is 
        employed; 
           (5) the addresses of all residences where the person 
        resides while attending school; and 
           (6) the year, model, make, license plate number, and color 
        of all motor vehicles owned or regularly driven by the 
        person.  "Motor vehicle" has the meaning given "vehicle" in 
        section 169.01, subdivision 2. 
           (b) The person shall report to the agent or authority the 
        information required to be provided under paragraph (a), clauses 
        (2) to (6), within five days of the date the clause becomes 
        applicable.  If because of a change in circumstances a clause no 
        longer applies to previously reported information, the person 
        shall immediately inform the agent or authority that the 
        information is no longer valid. 
           Sec. 4.  Minnesota Statutes 2000, section 243.166, 
        subdivision 6, is amended to read: 
           Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
        provisions of section 609.165, subdivision 1, and except as 
        provided in paragraphs (b), (c), and (d), a person required to 
        register under this section shall continue to comply with this 
        section until ten years have elapsed since the person initially 
        registered in connection with the offense, or until the 
        probation, supervised release, or conditional release period 
        expires, whichever occurs later.  For a person required to 
        register under this section who is committed under section 
        253B.18 or 253B.185, the ten-year registration period does not 
        include the period of commitment. 
           (b) If a person required to register under this section 
        fails to register following a change in residence, the 
        commissioner of public safety may require the person to continue 
        to register for an additional period of five years.  This 
        five-year period is added to the end of the offender's 
        registration period.  
           (c) If a person required to register under this section is 
        subsequently incarcerated following a revocation of probation, 
        supervised release, or conditional release for that offense, or 
        a conviction for any new offense, the person shall continue to 
        register until ten years have elapsed since the person was last 
        released from incarceration or until the person's probation, 
        supervised release, or conditional release period expires, 
        whichever occurs later. 
           (d) A person shall continue to comply with this section for 
        the life of that person:  
           (1) if the person is convicted of or adjudicated delinquent 
        for any offense for which registration is required under 
        subdivision 1, or any offense from another state or any federal 
        offense similar to the offenses described in subdivision 1, and 
        the person has a prior conviction or adjudication for an offense 
        for which registration was required under subdivision 1, or an 
        offense from another state or a federal offense similar to an 
        offense described in subdivision 1; 
           (2) if the person is required to register based upon a 
        conviction or delinquency adjudication for an offense under 
        section 609.185, clause (2), or a similar statute from another 
        state or the United States; 
           (3) if the person is required to register based upon a 
        conviction for an offense under section 609.342, subdivision 1, 
        paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
        1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
        subdivision 1, paragraph (a), (c), or (g); or 609.345, 
        subdivision 1, paragraph (a), (c), or (g); or a statute from 
        another state or the United States similar to the offenses 
        described in this clause; or 
           (3) (4) if the person is required to register under 
        subdivision 1, paragraph (c), following commitment pursuant to a 
        court commitment under section 253B.185 or a similar law of 
        another state or the United States. 
           Sec. 5.  Minnesota Statutes 2000, section 243.167, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "crime against the person" means a violation of any of the 
        following or a similar law of another state or of the United 
        States:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
        609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2 or 4; 
        609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 
        609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 
        1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 
        felony-level violation of section 609.229; 609.377; 609.749; or 
        624.713. 
           Sec. 6.  Minnesota Statutes 2000, section 609.117, is 
        amended to read: 
           609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.] 
           Subdivision 1.  [UPON SENTENCING.] The court shall order an 
        offender to provide a biological specimen for the purpose of DNA 
        analysis as defined in section 299C.155 when: 
           (1) the court sentences a person charged with violating or 
        attempting to violate any of the following, and the person is 
        convicted of that offense or of any offense arising out of the 
        same set of circumstances: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 3, 
        clause (2); 
           (2) the court sentences a person as a patterned sex 
        offender under section 609.108; or 
           (3) the juvenile court adjudicates a person a delinquent 
        child who is the subject of a delinquency petition for violating 
        or attempting to violate any of the following, and the 
        delinquency adjudication is based on a violation of one of those 
        sections or of any offense arising out of the same set of 
        circumstances: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 3, 
        clause (2). 
        The biological specimen or the results of the analysis shall be 
        maintained by the bureau of criminal apprehension as provided in 
        section 299C.155. 
           Subd. 2.  [BEFORE RELEASE.] The commissioner of corrections 
        or local corrections authority shall order a person to provide a 
        biological specimen for the purpose of DNA analysis before 
        completion of the person's term of imprisonment when the person 
        has not provided a biological specimen for the purpose of DNA 
        analysis and the person: 
           (1) was convicted of is currently serving a term of 
        imprisonment for or has a past conviction for violating or 
        attempting to violate any of the following or a similar law of 
        another state or the United States or initially charged with 
        violating one of the following sections or a similar law of 
        another state or the United States and convicted of another 
        offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, 609.19, or 609.195; 
           (ii) manslaughter under section 609.20 or 609.205; 
           (iii) assault under section 609.221, 609.222, or 609.223; 
           (iv) robbery under section 609.24 or aggravated robbery 
        under section 609.245; 
           (v) kidnapping under section 609.25; 
           (vi) false imprisonment under section 609.255; 
           (vii) criminal sexual conduct under section 609.342, 
        609.343, 609.344, or 609.345, or 609.3451, subdivision 3; 
           (viii) incest under section 609.365; 
           (ix) burglary under section 609.582, subdivision 1; or 
           (x) indecent exposure under section 617.23, subdivision 3, 
        clause (2); or 
           (2) was sentenced as a patterned sex offender under section 
        609.108, and committed to the custody of the commissioner of 
        corrections; or 
           (3) is serving a term of imprisonment in this state under a 
        reciprocal agreement although convicted in another state of an 
        offense described in this subdivision or a similar law of the 
        United States or any other state.  The commissioner of 
        corrections or local corrections authority shall forward the 
        sample to the bureau of criminal apprehension. 
           Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
        accepts an offender from another state under the interstate 
        compact authorized by section 243.16, the acceptance is 
        conditional on the offender providing a biological specimen for 
        the purposes of DNA analysis as defined in section 299C.155, if 
        the offender was convicted of an offense described in 
        subdivision 1 or a similar law of the United States or any other 
        state.  The specimen must be provided under supervision of staff 
        from the department of corrections or a community corrections 
        act county within 15 business days after the offender reports to 
        the supervising agent.  The cost of obtaining the biological 
        specimen is the responsibility of the agency providing 
        supervision.  
           Sec. 7.  [LEGISLATIVE INTENT; REPEAL OF SECTION 243.166, 
        SUBDIVISION 10.] 
           The original intent of the legislature in enacting 
        Minnesota Statutes, section 243.166, subdivision 10, was to 
        provide for a more uniform application of the predatory offender 
        registration law.  Applying certain amendments to the law 
        retroactively to certain offenders was intended to ease the 
        administrative burden on agencies enforcing the law and better 
        serve the policy underlying it.  The subdivision was not 
        intended to act as a limitation on registration but rather, in 
        some cases, as an expansion.  The intent in repealing this 
        subdivision is to prevent a potential judicial misinterpretation 
        of it that was neither intended nor contemplated by the 
        legislature.  The repeal must not be construed as a substantive 
        change in the application or scope of Minnesota Statutes, 
        section 243.166. 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 2000, section 243.166, subdivision 10, 
        is repealed. 
           Sec. 9.  [EFFECTIVE DATES.] 
           (a) Sections 1 to 7 are effective the day following final 
        enactment. 
           (b) Section 8 is effective retroactively from April 4, 2000.

                                   ARTICLE 10
                          DOMESTIC VIOLENCE PROVISIONS
           Section 1.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] As used in this section, the 
        following terms shall have the meanings given them:  
           (a) "Domestic abuse" means the following, if committed 
        against a family or household member by a family or household 
        member: 
           (1) physical harm, bodily injury, or assault; 
           (2) the infliction of fear of imminent physical harm, 
        bodily injury, or assault; or 
           (3) terroristic threats, within the meaning of section 
        609.713, subdivision 1, or; criminal sexual conduct, within the 
        meaning of section 609.342, 609.343, 609.344, or 609.345, or 
        609.3451; or interference with an emergency call within the 
        meaning of section 609.78, subdivision 2.  
           (b) "Family or household members" means: 
           (1) spouses and former spouses; 
           (2) parents and children; 
           (3) persons related by blood; 
           (4) persons who are presently residing together or who have 
        resided together in the past; 
           (5) persons who have a child in common regardless of 
        whether they have been married or have lived together at any 
        time; 
           (6) a man and woman if the woman is pregnant and the man is 
        alleged to be the father, regardless of whether they have been 
        married or have lived together at any time; and 
           (7) persons involved in a significant romantic or sexual 
        relationship. 
           Issuance of an order for protection on the ground in clause 
        (6) does not affect a determination of paternity under sections 
        257.51 to 257.74.  In determining whether persons are or have 
        been involved in a significant romantic or sexual relationship 
        under clause (7), the court shall consider the length of time of 
        the relationship; type of relationship; frequency of interaction 
        between the parties; and, if the relationship has terminated, 
        length of time since the termination. 
           (c) "Qualified domestic violence-related offense" has the 
        meaning given in section 609.02, subdivision 16. 
           Sec. 2.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [COURT JURISDICTION.] An application for relief 
        under this section may be filed in the court having jurisdiction 
        over dissolution actions, in the county of residence of either 
        party, in the county in which a pending or completed family 
        court proceeding involving the parties or their minor children 
        was brought, or in the county in which the alleged domestic 
        abuse occurred.  There are no residency requirements that apply 
        to a petition for an order for protection.  In a jurisdiction 
        which utilizes referees in dissolution actions, the court or 
        judge may refer actions under this section to a referee to take 
        and report the evidence in the action in the same manner and 
        subject to the same limitations provided in section 518.13.  
        Actions under this section shall be given docket priorities by 
        the court. 
           Sec. 3.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 6, is amended to read: 
           Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
        hearing, the court may provide relief as follows: 
           (1) restrain the abusing party from committing acts of 
        domestic abuse; 
           (2) exclude the abusing party from the dwelling which the 
        parties share or from the residence of the petitioner; 
           (3) exclude the abusing party from a reasonable area 
        surrounding the dwelling or residence, which area shall be 
        described specifically in the order; 
           (4) award temporary custody or establish temporary 
        parenting time with regard to minor children of the parties on a 
        basis which gives primary consideration to the safety of the 
        victim and the children.  Except for cases in which custody is 
        contested, findings under section 257.025, 518.17, or 518.175 
        are not required.  If the court finds that the safety of the 
        victim or the children will be jeopardized by unsupervised or 
        unrestricted parenting time, the court shall condition or 
        restrict parenting time as to time, place, duration, or 
        supervision, or deny parenting time entirely, as needed to guard 
        the safety of the victim and the children.  The court's decision 
        on custody and parenting time shall in no way delay the issuance 
        of an order for protection granting other relief provided for in 
        this section.  The court must not enter a parenting plan under 
        section 518.1705 as part of an action for an order for 
        protection; 
           (5) on the same basis as is provided in chapter 518, 
        establish temporary support for minor children or a spouse, and 
        order the withholding of support from the income of the person 
        obligated to pay the support according to chapter 518; 
           (6) provide upon request of the petitioner counseling or 
        other social services for the parties, if married, or if there 
        are minor children; 
           (7) order the abusing party to participate in treatment or 
        counseling services, including requiring the abusing party to 
        successfully complete a domestic abuse counseling program or 
        educational program under section 518B.10; 
           (8) award temporary use and possession of property and 
        restrain one or both parties from transferring, encumbering, 
        concealing, or disposing of property except in the usual course 
        of business or for the necessities of life, and to account to 
        the court for all such transfers, encumbrances, dispositions, 
        and expenditures made after the order is served or communicated 
        to the party restrained in open court; 
           (9) exclude the abusing party from the place of employment 
        of the petitioner, or otherwise limit access to the petitioner 
        by the abusing party at the petitioner's place of employment; 
           (10) order the abusing party to pay restitution to the 
        petitioner; 
           (11) order the continuance of all currently available 
        insurance coverage without change in coverage or beneficiary 
        designation; and 
           (12) order, in its discretion, other relief as it deems 
        necessary for the protection of a family or household member, 
        including orders or directives to the sheriff, constable, or 
        other law enforcement or corrections officer as provided by this 
        section. 
           (b) Any relief granted by the order for protection shall be 
        for a fixed period not to exceed one year, except when the court 
        determines a longer fixed period is appropriate.  When a referee 
        presides at the hearing on the petition, the order granting 
        relief becomes effective upon the referee's signature. 
           (c) An order granting the relief authorized in paragraph 
        (a), clause (1), may not be vacated or modified in a proceeding 
        for dissolution of marriage or legal separation, except that the 
        court may hear a motion for modification of an order for 
        protection concurrently with a proceeding for dissolution of 
        marriage upon notice of motion and motion.  The notice required 
        by court rule shall not be waived.  If the proceedings are 
        consolidated and the motion to modify is granted, a separate 
        order for modification of an order for protection shall be 
        issued. 
           (d) An order granting the relief authorized in paragraph 
        (a), clause (2) or (3), is not voided by the admittance of the 
        abusing party into the dwelling from which the abusing party is 
        excluded. 
           (e) If a proceeding for dissolution of marriage or legal 
        separation is pending between the parties, the court shall 
        provide a copy of the order for protection to the court with 
        jurisdiction over the dissolution or separation proceeding for 
        inclusion in its file. 
           (f) An order for restitution issued under this subdivision 
        is enforceable as civil judgment. 
           Sec. 4.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 14, is amended to read: 
           Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) A 
        person who violates an order for protection issued by a judge or 
        referee is subject to the penalties provided in paragraphs (b) 
        to (d).  
           (b) Except as otherwise provided in paragraphs (c) and (d), 
        whenever an order for protection is granted by a judge or 
        referee or pursuant to a similar law of another state, the 
        United States, the District of Columbia, tribal lands, or United 
        States territories, and the respondent or person to be 
        restrained knows of the order, violation of the order for 
        protection is a misdemeanor.  Upon a misdemeanor conviction 
        under this paragraph, the defendant must be sentenced to a 
        minimum of three days imprisonment and must be ordered to 
        participate in counseling or other appropriate programs selected 
        by the court.  If the court stays imposition or execution of the 
        jail sentence and the defendant refuses or fails to comply with 
        the court's treatment order, the court must impose and execute 
        the stayed jail sentence.  A violation of an order for 
        protection shall also constitute contempt of court and be 
        subject to the penalties provided in chapter 588. 
           (c) A person is guilty of a gross misdemeanor who knowingly 
        violates this subdivision during the time period between a 
        previous qualified domestic violence-related offense conviction 
        under this subdivision; sections 609.221 to 609.224; 609.2242; 
        609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
        a similar law of another state, the District of Columbia, tribal 
        lands, or United States territories; and the end of the five 
        years following discharge from sentence for that 
        conviction offense.  Upon a gross misdemeanor conviction under 
        this paragraph, the defendant must be sentenced to a minimum of 
        ten days imprisonment and must be ordered to participate in 
        counseling or other appropriate programs selected by the court.  
        Notwithstanding section 609.135, the court must impose and 
        execute the minimum sentence provided in this paragraph for 
        gross misdemeanor convictions. 
           (d) A person is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both, if the person knowingly 
        violates this subdivision: 
           (1) during the time period between the first of two or more 
        previous qualified domestic violence-related offense convictions 
        under this section or sections 609.221 to 609.224; 609.2242; 
        609.713, subdivision 1 or 3; 609.748, subdivision 6; 609.749; or 
        a similar law of another state, the District of Columbia, tribal 
        lands, or United States territories; and the end of the five 
        years following discharge from sentence for that 
        conviction offense; or 
           (2) while possessing a dangerous weapon, as defined in 
        section 609.02, subdivision 6. 
        Upon a felony conviction under this paragraph in which the court 
        stays imposition or execution of sentence, the court shall 
        impose at least a 30-day period of incarceration as a condition 
        of probation.  The court also shall order that the defendant 
        participate in counseling or other appropriate programs selected 
        by the court.  Notwithstanding section 609.135, the court must 
        impose and execute the minimum sentence provided in this 
        paragraph for felony convictions. 
           (e) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order granted pursuant to this 
        section or a similar law of another state, the United States, 
        the District of Columbia, tribal lands, or United States 
        territories restraining the person or excluding the person from 
        the residence or the petitioner's place of employment, even if 
        the violation of the order did not take place in the presence of 
        the peace officer, if the existence of the order can be verified 
        by the officer.  The probable cause required under this 
        paragraph includes probable cause that the person knowingly 
        violated the order.  When the order is first served upon the 
        person at a location at which, under the terms of the order, the 
        person's presence constitutes a violation, the person shall not 
        be arrested for violation of the order but shall be given a 
        reasonable opportunity to leave the location in the presence of 
        the peace officer.  A person arrested under this paragraph shall 
        be held in custody for at least 36 hours, excluding the day of 
        arrest, Sundays, and holidays, unless the person is released 
        earlier by a judge or judicial officer.  A peace officer acting 
        in good faith and exercising due care in making an arrest 
        pursuant to this paragraph is immune from civil liability that 
        might result from the officer's actions. 
           (f) If the court finds that the respondent has violated an 
        order for protection and that there is reason to believe that 
        the respondent will commit a further violation of the provisions 
        of the order restraining the respondent from committing acts of 
        domestic abuse or excluding the respondent from the petitioner's 
        residence, the court may require the respondent to acknowledge 
        an obligation to comply with the order on the record.  The court 
        may require a bond sufficient to deter the respondent from 
        committing further violations of the order for protection, 
        considering the financial resources of the respondent, and not 
        to exceed $10,000.  If the respondent refuses to comply with an 
        order to acknowledge the obligation or post a bond under this 
        paragraph, the court shall commit the respondent to the county 
        jail during the term of the order for protection or until the 
        respondent complies with the order under this paragraph.  The 
        warrant must state the cause of commitment, with the sum and 
        time for which any bond is required.  If an order is issued 
        under this paragraph, the court may order the costs of the 
        contempt action, or any part of them, to be paid by the 
        respondent.  An order under this paragraph is appealable.  
           (g) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated any order for 
        protection granted pursuant to this section or a similar law of 
        another state, the United States, the District of Columbia, 
        tribal lands, or United States territories, the court may issue 
        an order to the respondent, requiring the respondent to appear 
        and show cause within 14 days why the respondent should not be 
        found in contempt of court and punished therefor.  The hearing 
        may be held by the court in any county in which the petitioner 
        or respondent temporarily or permanently resides at the time of 
        the alleged violation, or in the county in which the alleged 
        violation occurred, if the petitioner and respondent do not 
        reside in this state.  The court also shall refer the violation 
        of the order for protection to the appropriate prosecuting 
        authority for possible prosecution under paragraph (b), (c), or 
        (d). 
           (h) If it is alleged that the respondent has violated an 
        order for protection issued under subdivision 6 or a similar law 
        of another state, the United States, the District of Columbia, 
        tribal lands, or United States territories, and the court finds 
        that the order has expired between the time of the alleged 
        violation and the court's hearing on the violation, the court 
        may grant a new order for protection under subdivision 6 based 
        solely on the respondent's alleged violation of the prior order, 
        to be effective until the hearing on the alleged violation of 
        the prior order.  If the court finds that the respondent has 
        violated the prior order, the relief granted in the new order 
        for protection shall be extended for a fixed period, not to 
        exceed one year, except when the court determines a longer fixed 
        period is appropriate. 
           (i) The admittance into petitioner's dwelling of an abusing 
        party excluded from the dwelling under an order for protection 
        is not a violation by the petitioner of the order for protection.
           A peace officer is not liable under section 609.43, clause 
        (1), for a failure to perform a duty required by paragraph (e). 
           (j) When a person is convicted under paragraph (b) or (c) 
        of violating an order for protection and the court determines 
        that the person used a firearm in any way during commission of 
        the violation, the court may order that the person is prohibited 
        from possessing any type of firearm for any period longer than 
        three years or for the remainder of the person's life.  A person 
        who violates this paragraph is guilty of a gross misdemeanor.  
        At the time of the conviction, the court shall inform the 
        defendant whether and for how long the defendant is prohibited 
        from possessing a firearm and that it is a gross misdemeanor to 
        violate this paragraph.  The failure of the court to provide 
        this information to a defendant does not affect the 
        applicability of the firearm possession prohibition or the gross 
        misdemeanor penalty to that defendant. 
           (k) Except as otherwise provided in paragraph (j), when a 
        person is convicted under paragraph (b) or (c) of violating an 
        order for protection, the court shall inform the defendant that 
        the defendant is prohibited from possessing a pistol for three 
        years from the date of conviction and that it is a gross 
        misdemeanor offense to violate this prohibition.  The failure of 
        the court to provide this information to a defendant does not 
        affect the applicability of the pistol possession prohibition or 
        the gross misdemeanor penalty to that defendant. 
           (l) Except as otherwise provided in paragraph (j), a person 
        is not entitled to possess a pistol if the person has been 
        convicted under paragraph (b) or (c) after August 1, 1996, of 
        violating an order for protection, unless three years have 
        elapsed from the date of conviction and, during that time, the 
        person has not been convicted of any other violation of this 
        section.  Property rights may not be abated but access may be 
        restricted by the courts.  A person who possesses a pistol in 
        violation of this paragraph is guilty of a gross misdemeanor. 
           (m) If the court determines that a person convicted under 
        paragraph (b) or (c) of violating an order for protection owns 
        or possesses a firearm and used it in any way during the 
        commission of the violation, it shall order that the firearm be 
        summarily forfeited under section 609.5316, subdivision 3. 
           Sec. 5.  Minnesota Statutes 2000, section 518B.01, 
        subdivision 18, is amended to read: 
           Subd. 18.  [NOTICES.] Each order for protection granted 
        under this chapter must contain a conspicuous notice to the 
        respondent or person to be restrained that: 
           (1) violation of an order for protection is either (i) a 
        misdemeanor punishable by imprisonment for up to 90 days or a 
        fine of up to $700, or both, (ii) a gross misdemeanor punishable 
        by imprisonment of up to one year or a fine of up to $3,000, or 
        both, or (iii) a felony punishable by imprisonment of up to five 
        years or a fine of up to $10,000, or both; 
           (2) the respondent is forbidden to enter or stay at the 
        petitioner's residence, even if invited to do so by the 
        petitioner or any other person; in no event is the order for 
        protection voided; 
           (3) a peace officer must arrest without warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order for protection restraining the 
        person or excluding the person from a residence; and 
           (4) pursuant to the Violence Against Women Act of 1994, 
        United States Code, title 18, section 2265, the order is 
        enforceable in all 50 states, the District of Columbia, tribal 
        lands, and United States territories, that violation of the 
        order may also subject the respondent to federal charges and 
        punishment under United States Code, title 18, sections 2261 and 
        2262, and that if a final order is entered against the 
        respondent after the hearing, the respondent may be prohibited 
        from possessing, transporting, or accepting a firearm under the 
        1994 amendment to the Gun Control Act, United States Code, title 
        18, section 922(g)(8). 
           Sec. 6.  [518B.02] [DOMESTIC ABUSE COUNSELING PROGRAM OR 
        EDUCATIONAL PROGRAM REQUIRED.] 
           Subdivision 1.  [COURT-ORDERED DOMESTIC ABUSE COUNSELING 
        PROGRAM OR EDUCATIONAL PROGRAM.] If the court stays imposition 
        or execution of a sentence for a domestic abuse offense and 
        places the offender on probation, the court shall order that, as 
        a condition of the stayed sentence, the offender participate in 
        and successfully complete a domestic abuse counseling program or 
        educational program. 
           Subd. 2.  [STANDARDS FOR DOMESTIC ABUSE COUNSELING PROGRAMS 
        AND DOMESTIC ABUSE EDUCATIONAL PROGRAMS.] (a) Domestic abuse 
        counseling or educational programs that provide group or class 
        sessions for court-ordered domestic abuse offenders must provide 
        documentation to the probation department or the court on 
        program policies and how the program meets the criteria 
        contained in paragraphs (b) to (l). 
           (b) Programs shall require offenders and abusing parties to 
        attend a minimum of 24 sessions or 36 hours of programming, 
        unless a probation agent has recommended fewer sessions.  The 
        documentation provided to the probation department or the court 
        must specify the length of the program that offenders are 
        required to complete. 
           (c) Programs must have a written policy requiring that 
        counselors and facilitators report to the court and to the 
        offender's probation or corrections officer any threats of 
        violence made by the offender or abusing party, acts of violence 
        by the offender or abusing party, violation of court orders by 
        the offender or abusing party, and violation of program rules 
        that resulted in the offender's or abusing party's termination 
        from the program.  Programs shall have written policies 
        requiring that counselors and facilitators hold offenders and 
        abusing parties solely responsible for their behavior. 
           Programs shall have written policies requiring that 
        counselors and facilitators be violence free in their own lives. 
           (d) Each program shall conduct an intake process with each 
        offender or abusing party.  This intake process shall look for 
        chemical dependency problems and possible risks the offender or 
        abusing party might pose to self or others.  The program must 
        have policies regarding referral of a chemically dependent 
        offender or abusing party to a chemical dependency treatment 
        center.  If the offender or abusing party poses a risk to self 
        or others, the program shall report this information to the 
        court, the probation or corrections officer, and the victim. 
           (e) If the offender or abusing party is reported back to 
        the court or is terminated from the program, the program shall 
        notify the victim of the circumstances unless the victim 
        requests otherwise. 
           (f) Programs shall require court-ordered offenders and 
        abusing parties to sign a release of information authorizing 
        communication regarding the offender's or abusing party's 
        progress in the program to the court, the offender's probation 
        or corrections officer, other providers, and the victim.  The 
        offender or abusing party may not enter the program if the 
        offender does not sign a release. 
           (g) If a counselor or facilitator contacts the victim, the 
        counselor or facilitator must not elicit any information that 
        the victim does not want to provide.  A counselor or facilitator 
        who contacts a victim shall (1) notify the victim of the right 
        not to provide any information, (2) notify the victim of how any 
        information provided will be used and with whom it will be 
        shared, and (3) obtain the victim's permission before eliciting 
        information from the victim or sharing information with anyone 
        other than staff of the counseling program. 
           Programs shall have written policies requiring that 
        counselors and facilitators inform victims of the 
        confidentiality of information as provided by this subdivision.  
        Programs must maintain separate files for information pertaining 
        to the offender or abusing party and to the victim. 
           If a counselor or facilitator contacts a victim, the 
        counselor or facilitator shall provide the victim with referral 
        information for support services. 
           (h) Programs shall have written policies forbidding program 
        staff from disclosing any confidential communication made by the 
        offender or abusing party without the consent of the offender or 
        abusing party, except that programs must warn a potential victim 
        of imminent danger based upon information provided by an 
        offender or abusing party. 
           (i) The counseling program or educational program must 
        provide services in a group setting, unless the offender or 
        abusing party would be inappropriate in a group setting. 
           Programs must provide separate sessions for male and female 
        offenders and abusing parties. 
           (j) Programs shall have written policies forbidding program 
        staff from offering or referring marriage or couples counseling 
        until the offender or abusing party has completed a domestic 
        abuse counseling program or educational program for the minimum 
        number of court-ordered sessions and the counselor or 
        facilitator reasonably believes that the violence, intimidation, 
        and coercion has ceased and the victim feels safe to participate.
           (k) Programs must have written policies requiring that the 
        counselor or facilitator report when the court-ordered offender 
        or abusing party has completed the program to the court and the 
        offender's probation or corrections officer. 
           (l) Programs must have written policies to coordinate with 
        the court, probation and corrections officers, battered women's 
        and domestic abuse programs, child protection services, and 
        other providers on promotion of victim safety and offender 
        accountability. 
           Subd. 3.  [PROGRAM ACCOUNTABILITY.] The Minnesota center 
        for crime victim services will consult with domestic abuse 
        counseling and educational programs, the court, probation 
        departments, and the interagency task force on the prevention of 
        domestic and sexual abuse on acceptable measures to ensure 
        program accountability.  By December 30, 2001, the center shall 
        make recommendations to the house and senate committees and 
        divisions with jurisdiction over criminal justice policy and 
        funding on agreed upon accountability measures including outcome 
        studies. 
           Sec. 7.  Minnesota Statutes 2000, section 609.02, is 
        amended by adding a subdivision to read: 
           Subd. 16.  [QUALIFIED DOMESTIC VIOLENCE-RELATED 
        OFFENSE.] "Qualified domestic violence-related offense" includes 
        the following offenses:  sections 518B.01, subdivision 14 
        (violation of domestic abuse order for protection); 609.221 
        (first-degree assault); 609.222 (second-degree assault); 609.223 
        (third-degree assault); 609.2231 (fourth-degree assault); 
        609.224 (fifth-degree assault); 609.2242 (domestic assault); 
        609.342 (first-degree criminal sexual conduct); 609.343 
        (second-degree criminal sexual conduct); 609.344 (third-degree 
        criminal sexual conduct); 609.345 (fourth-degree criminal sexual 
        conduct); 609.377 (malicious punishment of a child); 609.713 
        (terroristic threats); 609.748, subdivision 6 (violation of 
        harassment restraining order); and 609.749 
        (harassment/stalking); and similar laws of other states, the 
        United States, the District of Columbia, tribal lands, and 
        United States territories. 
           Sec. 8.  Minnesota Statutes 2000, section 609.224, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
        provisions of subdivision 1 against the same victim during the 
        time period between a previous qualified domestic 
        violence-related offense conviction or adjudication of 
        delinquency under this section, sections 609.221 to 609.2231, 
        609.2242, 609.342 to 609.345, 609.377, or 609.713, or any 
        similar law of another state, and the end of the five years 
        following discharge from sentence or disposition for 
        that conviction or adjudication offense, is guilty of a gross 
        misdemeanor and may be sentenced to imprisonment for not more 
        than one year or to payment of a fine of not more than $3,000, 
        or both.  
           (b) Whoever violates the provisions of subdivision 1 within 
        two years of a previous qualified domestic violence-related 
        offense conviction or adjudication of delinquency under this 
        section or sections 609.221 to 609.2231, 609.2242, 609.377, or 
        609.713, or any similar law of another state, is guilty of a 
        gross misdemeanor and may be sentenced to imprisonment for not 
        more than one year or to payment of a fine of not more than 
        $3,000, or both. 
           (c) A caregiver, as defined in section 609.232, who is an 
        individual and who violates the provisions of subdivision 1 
        against a vulnerable adult, as defined in section 609.232, is 
        guilty of a gross misdemeanor and may be sentenced to 
        imprisonment for not more than one year or to payment of a fine 
        of not more than $3,000, or both. 
           Sec. 9.  Minnesota Statutes 2000, section 609.224, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
        subdivision 1 against the same victim during the time period 
        between the first of any combination of two or more 
        previous qualified domestic violence-related offense convictions 
        or adjudications of delinquency under this section or sections 
        609.221 to 609.2231, 609.2242, 609.342 to 609.345, 609.377, or 
        609.713, or any similar law of another state, and the end of the 
        five years following discharge from sentence or disposition for 
        that conviction or adjudication offense is guilty of a felony 
        and may be sentenced to imprisonment for not more than five 
        years or payment of a fine of not more than $10,000, or both. 
           (b) Whoever violates the provisions of subdivision 1 within 
        three years of the first of any combination of two or more 
        previous qualified domestic violence-related offense convictions 
        or adjudications of delinquency under this section or sections 
        609.221 to 609.2231, 609.2242, 609.377, or 609.713, or any 
        similar law of another state, is guilty of a felony and may be 
        sentenced to imprisonment for not more than five years or to 
        payment of a fine of not more than $10,000, or both. 
           Sec. 10.  Minnesota Statutes 2000, section 609.2242, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GROSS MISDEMEANOR.] Whoever violates subdivision 
        1 during the time period between a previous qualified domestic 
        violence-related offense conviction or adjudication of 
        delinquency under this section or sections 609.221 to 609.2231, 
        609.224, 609.342 to 609.345, 609.377, or 609.713 , or any 
        similar law of another state, against a family or household 
        member as defined in section 518B.01, subdivision 2, and the end 
        of the five years following discharge from sentence or 
        disposition for that conviction or adjudication offense is 
        guilty of a gross misdemeanor and may be sentenced to 
        imprisonment for not more than one year or to payment of a fine 
        of not more than $3,000, or both. 
           Sec. 11.  Minnesota Statutes 2000, section 609.2242, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FELONY.] Whoever violates the provisions of this 
        section or section 609.224, subdivision 1, against the same 
        victim during the time period between the first of any 
        combination of two or more previous qualified domestic 
        violence-related offense convictions or adjudications of 
        delinquency under this section or sections 609.221 to 609.2231, 
        609.224, 609.342 to 609.345, 609.377, or 609.713, or any similar 
        law of another state and the end of the five years following 
        discharge from sentence or disposition for that conviction or 
        adjudication offense is guilty of a felony and may be sentenced 
        to imprisonment for not more than five years or payment of a 
        fine of not more than $10,000, or both. 
           Sec. 12.  Minnesota Statutes 2000, section 609.2244, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REPORT.] (a) The department of corrections shall 
        establish minimum standards for the report, including the 
        circumstances of the offense, impact on the victim, the 
        defendant's prior record, characteristics and history of alcohol 
        and chemical use problems, and amenability to domestic abuse 
        programs.  The report is classified as private data on 
        individuals as defined in section 13.02, subdivision 12.  Victim 
        impact statements are confidential. 
           (b) The report must include: 
           (1) a recommendation on any limitations on contact with the 
        victim and other measures to ensure the victim's safety; 
           (2) a recommendation for the defendant to enter and 
        successfully complete domestic abuse programming and any 
        aftercare found necessary by the investigation, including a 
        specific recommendation for the defendant to complete a domestic 
        abuse counseling program or domestic abuse educational program 
        under section 518B.10; 
           (3) a recommendation for chemical dependency evaluation and 
        treatment as determined by the evaluation whenever alcohol or 
        drugs were found to be a contributing factor to the offense; 
           (4) recommendations for other appropriate remedial action 
        or care or a specific explanation why no level of care or action 
        is recommended; and 
           (5) consequences for failure to abide by conditions set up 
        by the court. 
           Sec. 13.  Minnesota Statutes 2000, section 609.748, 
        subdivision 6, is amended to read: 
           Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) A person 
        who violates a restraining order issued under this section is 
        subject to the penalties provided in paragraphs (b) to (d).  
           (b) Except as otherwise provided in paragraphs (c) and (d), 
        when a temporary restraining order or a restraining order is 
        granted under this section and the respondent knows of the 
        order, violation of the order is a misdemeanor.  
           (c) A person is guilty of a gross misdemeanor who knowingly 
        violates the order during the time period between a 
        previous qualified domestic violence-related offense conviction 
        under this subdivision; sections 609.221 to 609.224; 609.2242; 
        518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or 
        609.749; and the end of the five years following discharge from 
        sentence for that conviction offense.  
           (d) A person is guilty of a felony and may be sentenced to 
        imprisonment for not more than five years or to payment of a 
        fine of not more than $10,000, or both, if the person knowingly 
        violates the order:  
           (1) during the time period between the first of two or more 
        previous qualified domestic violence-related offense convictions 
        under this subdivision or sections 518B.01, subdivision 14; 
        609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
        609.749; and the end of the five years following discharge from 
        sentence for that conviction offense; 
           (2) because of the victim's or another's actual or 
        perceived race, color, religion, sex, sexual orientation, 
        disability as defined in section 363.01, age, or national 
        origin; 
           (3) by falsely impersonating another; 
           (4) while possessing a dangerous weapon; 
           (5) with an intent to influence or otherwise tamper with a 
        juror or a judicial proceeding or with intent to retaliate 
        against a judicial officer, as defined in section 609.415, or a 
        prosecutor, defense attorney, or officer of the court, because 
        of that person's performance of official duties in connection 
        with a judicial proceeding; or 
           (6) against a victim under the age of 18, if the respondent 
        is more than 36 months older than the victim. 
           (e) A peace officer shall arrest without a warrant and take 
        into custody a person whom the peace officer has probable cause 
        to believe has violated an order issued under subdivision 4 or 5 
        if the existence of the order can be verified by the officer.  
           (f) A violation of a temporary restraining order or 
        restraining order shall also constitute contempt of court. 
           (g) Upon the filing of an affidavit by the petitioner, any 
        peace officer, or an interested party designated by the court, 
        alleging that the respondent has violated an order issued under 
        subdivision 4 or 5, the court may issue an order to the 
        respondent requiring the respondent to appear within 14 days and 
        show cause why the respondent should not be held in contempt of 
        court.  The court also shall refer the violation of the order to 
        the appropriate prosecuting authority for possible prosecution 
        under paragraph (b), (c), or (d). 
           Sec. 14.  Minnesota Statutes 2000, section 609.748, 
        subdivision 8, is amended to read: 
           Subd. 8.  [NOTICE.] An order granted under this section 
        must contain a conspicuous notice to the respondent: 
           (1) of the specific conduct that will constitute a 
        violation of the order; 
           (2) that violation of an order is either (i) a misdemeanor 
        punishable by imprisonment for up to 90 days or a fine of up to 
        $700, or both, and that a subsequent violation is (ii) a gross 
        misdemeanor punishable by imprisonment for up to one year or a 
        fine of up to $3,000, or both, or (iii) a felony punishable by 
        imprisonment for up to five years or a fine of up to $10,000, or 
        both; and 
           (3) that a peace officer must arrest without warrant and 
        take into custody a person if the peace officer has probable 
        cause to believe the person has violated a restraining order. 
           Sec. 15.  Minnesota Statutes 2000, section 609.749, 
        subdivision 4, is amended to read: 
           Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
        person is guilty of a felony who violates any provision of 
        subdivision 2 during the time period between a 
        previous qualified domestic violence-related offense conviction 
        or adjudication of delinquency under this section; sections 
        609.221 to 609.2242; 518B.01, subdivision 14; 609.748, 
        subdivision 6; or 609.713, subdivision 1 or 3; or a similar law 
        from another state and the end of the ten years following 
        discharge from sentence or disposition for that conviction or 
        adjudication offense. 
           Sec. 16.  Minnesota Statutes 2000, section 609.749, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
        engages in a pattern of harassing conduct with respect to a 
        single victim or one or more members of a single household which 
        the actor knows or has reason to know would cause the victim 
        under the circumstances to feel terrorized or to fear bodily 
        harm and which does cause this reaction on the part of the 
        victim, is guilty of a felony and may be sentenced to 
        imprisonment for not more than ten years or to payment of a fine 
        of not more than $20,000, or both. 
           (b) For purposes of this subdivision, a "pattern of 
        harassing conduct" means two or more acts within a five-year 
        period that violate the provisions of any of the following or a 
        similar law of another state, the United States, the District of 
        Columbia, tribal lands, or United States territories: 
           (1) this section; 
           (2) section 609.713; 
           (3) section 609.224; 
           (4) section 609.2242; 
           (5) section 518B.01, subdivision 14; 
           (6) section 609.748, subdivision 6; 
           (7) section 609.605, subdivision 1, paragraph (b), clauses 
        (3), (4), and (7); 
           (8) section 609.79; 
           (9) section 609.795; 
           (10) section 609.582; 
           (11) section 609.595; or 
           (12) section 609.765. 
           (c) When acts constituting a violation of this subdivision 
        are committed in two or more counties, the accused may be 
        prosecuted in any county in which one of the acts was committed 
        for all acts constituting the pattern. 
           Sec. 17.  Minnesota Statutes 2000, section 611A.201, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DIRECTOR'S RESPONSIBILITIES.] The director shall 
        have the following duties: 
           (1) advocate for the rights of victims of domestic violence 
        and sexual assault; 
           (2) increase public education and visibility about the 
        prevention of domestic violence and sexual assault; 
           (3) encourage accountability regarding domestic violence 
        and sexual assault at all levels of the system, and develop 
        recommendations to improve accountability when the system fails; 
           (4) support prosecution and civil litigation efforts 
        regarding domestic violence and sexual assault at the federal 
        and state levels; 
           (5) study issues involving domestic violence and sexual 
        assault as they pertain to both men and women and present 
        findings and recommendations resulting from these studies to all 
        branches of government; 
           (6) initiate policy changes regarding domestic violence and 
        sexual assault at all levels of government; 
           (6) (7) coordinate existing resources and promote 
        coordinated and immediate community responses to better serve 
        victims of domestic violence and sexual assault; 
           (7) (8) build partnerships among law enforcement, 
        prosecutors, defenders, advocates, and courts to reduce the 
        occurrence of domestic violence and sexual assault; 
           (8) (9) encourage and support the efforts of health care 
        providers, mental health experts, employers, educators, clergy 
        members, and others, in raising awareness of and addressing how 
        to prevent domestic violence and sexual assault; 
           (9) (10) coordinate and maximize the use of federal, state, 
        and local resources available to prevent domestic violence and 
        sexual assault and leverage more resources through grants and 
        private funding; and 
           (10) (11) serve as a liaison between the executive director 
        of the center for crime victim services and the commissioner of 
        health with regard to the department of health's sexual violence 
        prevention program funded by federal block grants, and oversee 
        how this money is spent. 
           Sec. 18.  Minnesota Statutes 2000, section 629.72, is 
        amended to read: 
           629.72 [BAIL IN CASES OF DOMESTIC ASSAULT OR ABUSE, 
        HARASSMENT, VIOLATION OF AN ORDER FOR PROTECTION, OR VIOLATION 
        OF A DOMESTIC ABUSE NO CONTACT ORDER.] 
           Subdivision 1.  [DEFINITION; ALLOWING DETENTION IN LIEU OF 
        CITATION; RELEASE DEFINITIONS.] (a) For purposes of this 
        section, the following terms have the meanings given them.  
           (b) "Domestic abuse" has the meaning given in section 
        518B.01, subdivision 2. 
           (c) "Harassment" has the meaning given in section 609.749. 
           (d) "Violation of a domestic abuse no contact order" has 
        the meaning given in section 518B.01, subdivision 22. 
           (e) "Violation of an order for protection" has the meaning 
        given in section 518B.01, subdivision 14. 
           (b)  Subd. 1a.  [ALLOWING DETENTION IN LIEU OF CITATION; 
        RELEASE.] (a) Notwithstanding any other law or rule, an 
        arresting officer may not issue a citation in lieu of arrest and 
        detention to an individual charged with harassment or charged 
        with, domestic abuse, violation of an order for protection, or 
        violation of a domestic abuse no contact order. 
           (c) (b) Notwithstanding any other law or rule, an 
        individual who is arrested on a charge of harassing any 
        person or of, domestic abuse, violation of an order for 
        protection, or violation of a domestic abuse no contact order, 
        must be brought to the police station or county jail.  The 
        officer in charge of the police station or the county sheriff in 
        charge of the jail shall issue a citation in lieu of continued 
        detention unless it reasonably appears to the officer or sheriff 
        that detention is necessary to prevent bodily harm to the 
        arrested person or another, or there is a substantial likelihood 
        the arrested person will fail to respond to a citation release 
        of the person (1) poses a threat to the alleged victim or 
        another family or household member, (2) poses a threat to public 
        safety, or (3) involves a substantial likelihood the arrested 
        person will fail to appear at subsequent proceedings. 
           (d) (c) If the arrested person is not issued a citation by 
        the officer in charge of the police station or the county 
        sheriff, the arrested person must be brought before the nearest 
        available judge of the district court in the county in which the 
        alleged harassment or, domestic abuse, violation of an order for 
        protection, or violation of a domestic abuse no contact order 
        took place without unnecessary delay as provided by court rule. 
           Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
        before whom the arrested person is brought shall review the 
        facts surrounding the arrest and detention of a person arrested 
        for domestic abuse, harassment, violation of an order for 
        protection, or violation of a domestic abuse no contact order.  
        The prosecutor or other appropriate person prosecutor's designee 
        shall present relevant information involving the victim's or the 
        victim's family's account of the alleged crime to the judge to 
        be considered in determining the arrested person's release.  The 
        arrested person must be ordered released pending trial or 
        hearing on the person's personal recognizance or on an order to 
        appear or upon the execution of an unsecured bond in a specified 
        amount unless the judge determines that release (1) will be 
        inimical to public safety, (2) will create a threat of bodily 
        harm to the arrested person, the victim of the alleged 
        harassment or domestic abuse, or another, or (3) will not 
        reasonably assure the appearance of the arrested person at 
        subsequent proceedings.  In making a decision concerning 
        pretrial release conditions of a person arrested for domestic 
        abuse, harassment, violation of an order for protection, or 
        violation of a domestic abuse no contact order, the judge shall 
        review the facts of the arrest and detention of the person and 
        determine whether:  (1) release of the person poses a threat to 
        the alleged victim, another family or household member, or 
        public safety; or (2) there is a substantial likelihood the 
        person will fail to appear at subsequent proceedings.  Before 
        releasing a person arrested for or charged with a crime of 
        domestic abuse, harassment, violation of an order for 
        protection, or violation of a domestic abuse no contact order, 
        the judge shall make findings on the record, to the extent 
        possible, concerning the determination made in accordance with 
        the factors specified in clauses (1) and (2).  
           (b) The judge may impose conditions of release or bail, or 
        both, on the person to protect the alleged victim or other 
        family or household members and to ensure the appearance of the 
        person at subsequent proceedings.  These conditions may include 
        an order: 
           (1) enjoining the person from threatening to commit or 
        committing acts of domestic abuse or harassment against the 
        alleged victim or other family or household members or from 
        violating an order for protection or a domestic abuse no contact 
        order; 
           (2) prohibiting the person from harassing, annoying, 
        telephoning, contacting, or otherwise communicating with the 
        alleged victim, either directly or indirectly; 
           (3) directing the person to vacate or stay away from the 
        home of the alleged victim and to stay away from any other 
        location where the alleged victim is likely to be; 
           (4) prohibiting the person from possessing a firearm or 
        other weapon specified by the court; 
           (5) prohibiting the person from possessing or consuming 
        alcohol or controlled substances; and 
           (6) specifying any other matter required to protect the 
        safety of the alleged victim and to ensure the appearance of the 
        person at subsequent proceedings.  
           (b) If the judge determines release is not advisable, the 
        judge may impose any conditions of release that will reasonably 
        assure the appearance of the person for subsequent proceedings, 
        or will protect the victim of the alleged harassment or domestic 
        abuse, or may fix the amount of money bail without other 
        conditions upon which the arrested person may obtain release.  
           (c) If conditions of release are imposed, the judge shall 
        issue a written order for conditional release.  The court 
        administrator shall immediately distribute a copy of the order 
        for conditional release to the agency having custody of the 
        arrested person and shall provide the agency having custody of 
        the arrested person with any available information on the 
        location of the victim in a manner that protects the victim's 
        safety.  Either the court or its designee or the agency having 
        custody of the arrested person shall serve upon the defendant a 
        copy of the order.  Failure to serve the arrested person with a 
        copy of the order for conditional release does not invalidate 
        the conditions of release. 
           (c) (d) If the judge imposes as a condition of release a 
        requirement that the person have no contact with the alleged 
        victim of the alleged harassment or domestic abuse, the judge 
        may also, on its own motion or that of the prosecutor or on 
        request of the victim, issue an ex parte temporary restraining 
        order under section 609.748, subdivision 4, or an ex parte 
        temporary order for protection under section 518B.01, 
        subdivision 7.  Notwithstanding section 518B.01, subdivision 7, 
        paragraph (b), or 609.748, subdivision 4, paragraph (c), the 
        temporary order is effective until the defendant is convicted or 
        acquitted, or the charge is dismissed, provided that upon 
        request the defendant is entitled to a full hearing on the 
        restraining order under section 609.748, subdivision 5, or on 
        the order for protection under section 518B.01.  The hearing 
        must be held within seven days of the defendant's request. 
           Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
        PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
        adopted standards governing electronic monitoring devices used 
        to protect victims of domestic abuse, the court, as a condition 
        of release, may not order a person arrested for a crime 
        described in section 609.135, subdivision 5a, paragraph (b), to 
        use an electronic monitoring device to protect a victim's safety.
           (b) Notwithstanding paragraph (a), district courts in the 
        tenth judicial district may order, as a condition of a release, 
        a person arrested on a charge of a crime described in section 
        609.135, subdivision 5a, paragraph (b), to use an electronic 
        monitoring device to protect the victim's safety.  The courts 
        shall make data on the use of electronic monitoring devices to 
        protect a victim's safety in the tenth judicial district 
        available to the commissioner of corrections to evaluate and to 
        aid in development of standards for the use of devices to 
        protect victims of domestic abuse.  
           Subd. 3.  [RELEASE.] If the arrested person is not issued a 
        citation by the officer in charge of the police station or the 
        county sheriff pursuant to subdivision 1, and is not brought 
        before a judge within the time limits prescribed by court rule, 
        the arrested person shall be released by the arresting 
        authorities, and a citation must be issued in lieu of continued 
        detention. 
           Subd. 4.  [SERVICE OF RESTRAINING ORDER OR ORDER FOR 
        PROTECTION.] If a restraining order is issued under section 
        609.748 or an order for protection is issued under section 
        518B.01 while the arrested person is still in detention, the 
        order must be served upon the arrested person during detention 
        if possible. 
           Subd. 5.  [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 
        who released the arrested person shall issue a warrant directing 
        that the person be arrested and taken immediately before the 
        judge, if the judge: 
           (1) receives an application alleging that the arrested 
        person has violated the conditions of release; and 
           (2) finds that probable cause exists to believe that the 
        conditions of release have been violated. 
           Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
        (a) Immediately after issuance of a citation in lieu of 
        continued detention under subdivision 1, or the entry of an 
        order for release under subdivision 2, but before the arrested 
        person is released, the agency having custody of the arrested 
        person or its designee must make a reasonable and good faith 
        effort to inform orally the alleged victim, local law 
        enforcement agencies known to be involved in the case, if 
        different from the agency having custody, and, at the victim's 
        request any local battered women's and domestic abuse programs 
        established under section 611A.32 or sexual assault programs of: 
           (1) the conditions of release, if any; 
           (2) the time of release; 
           (3) the time, date, and place of the next scheduled court 
        appearance of the arrested person and the victim's right to be 
        present at the court appearance; and 
           (4) if the arrested person is charged with domestic abuse, 
        the location and telephone number of the area battered women's 
        shelter as designated by the department of corrections. 
           (b) As soon as practicable after an order for conditional 
        release is entered, the agency having custody of the arrested 
        person or its designee must personally deliver or mail to the 
        alleged victim a copy of the written order and written notice of 
        the information in paragraph (a), clauses (2) and (3). 
           Subd. 7.  [NOTICE TO VICTIM REGARDING BAIL HEARING.] When a 
        person arrested for or a juvenile detained for domestic assault 
        or harassment is scheduled to be reviewed under subdivision 2 
        for release from pretrial detention, the court shall make a 
        reasonable good faith effort to notify:  (1) the victim of the 
        alleged crime; (2) if the victim is incapacitated or deceased, 
        the victim's family; and (3) if the victim is a minor, the 
        victim's parent or guardian.  The notification must include: 
           (a) the date and approximate time of the review; 
           (b) the location where the review will occur; 
           (c) the name and telephone number of a person that can be 
        contacted for additional information; and 
           (d) a statement that the victim and the victim's family may 
        attend the review. 
           Sec. 19.  [STUDY; INTERAGENCY TASK FORCE ON DOMESTIC 
        VIOLENCE AND SEXUAL ASSAULT PREVENTION.] 
           The interagency task force on domestic violence and sexual 
        assault prevention is directed to study issues related to gender 
        and domestic violence and to assess the needs of male victims of 
        domestic violence including false assault accusations.  By 
        January 15, 2002, the director of prevention of domestic 
        violence and sexual assault shall report to the chairs and 
        ranking minority members of the house and senate committees with 
        jurisdiction over criminal justice policy and funding on the 
        task force's study, findings, and recommendations. 
           Sec. 20.  [REPEALER.] 
           Minnesota Statutes 2000, section 609.2244, subdivision 4, 
        is repealed. 
           Sec. 21.  [EFFECTIVE DATES.] 
           The sections of this article pertaining to crimes are 
        effective August 1, 2001, and apply to crimes committed on or 
        after that date.  The remaining sections are effective July 1, 
        2001. 

                                   ARTICLE 11 
                    FELONY DRIVING WHILE IMPAIRED PROVISIONS 
           Section 1.  Minnesota Statutes 2000, section 169A.07, is 
        amended to read: 
           169A.07 [FIRST-TIME DWI VIOLATOR; OFF-ROAD RECREATIONAL 
        VEHICLE OR MOTORBOAT.] 
           A person who violates section 169A.20 (driving while 
        impaired) while using an off-road recreational vehicle or 
        motorboat and who does not have a qualified prior impaired 
        driving incident is subject only to the criminal penalty 
        provided in section 169A.25 (first-degree second-degree driving 
        while impaired), 169A.26 (second-degree third-degree driving 
        while impaired), or 169A.27 (third-degree fourth-degree driving 
        while impaired); and loss of operating privileges as provided in 
        section 84.91, subdivision 1 (operation of snowmobiles or 
        all-terrain vehicles by persons under the influence of alcohol 
        or controlled substances), or 86B.331, subdivision 1 (operation 
        of motorboats while using alcohol or with a physical or mental 
        disability), whichever is applicable.  The person is not subject 
        to the provisions of section 169A.275, subdivision 5, 
        (submission to the level of care recommended in chemical use 
        assessment for repeat offenders and offenders with alcohol 
        concentration of 0.20 or more); 169A.277 (long-term monitoring); 
        169A.285 (penalty assessment); 169A.44 (conditional release); 
        169A.54 (impaired driving convictions and adjudications; 
        administrative penalties); or 169A.54, subdivision 11 (chemical 
        use assessment); the license revocation sanctions of sections 
        169A.50 to 169A.53 (implied consent law); or the plate 
        impoundment provisions of section 169A.60 (administrative 
        impoundment of plates). 
           Sec. 2.  Minnesota Statutes 2000, section 169A.20, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SENTENCE.] A person who violates this section 
        may be sentenced as provided in section 169A.24 (first-degree 
        driving while impaired), 169A.25 (first-degree second-degree 
        driving while impaired), 169A.26 (second-degree third-degree 
        driving while impaired), or 169A.27 (third-degree fourth-degree 
        driving while impaired). 
           Sec. 3.  [169A.24] [FIRST-DEGREE DRIVING WHILE IMPAIRED.] 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20 (driving while impaired) is guilty of 
        first-degree driving while impaired if the person: 
           (1) commits the violation within ten years of the first of 
        three or more qualified prior impaired driving incidents; or 
           (2) has previously been convicted of a felony under this 
        section. 
           Subd. 2.  [CRIMINAL PENALTY.] A person who commits 
        first-degree driving while impaired is guilty of a felony and 
        may be sentenced to imprisonment for not more than seven years, 
        or to payment of a fine of not more than $14,000, or both.  The 
        person is subject to the mandatory penalties described in 
        section 169A.276 (mandatory penalties; felony violations). 
           Sec. 4.  Minnesota Statutes 2000, section 169A.25, is 
        amended to read: 
           169A.25 [FIRST-DEGREE SECOND-DEGREE DRIVING WHILE 
        IMPAIRED.] 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20 (driving while impaired) is guilty of 
        first-degree second-degree driving while impaired if two or more 
        aggravating factors were present when the violation was 
        committed. 
           Subd. 2.  [CRIMINAL PENALTY.] First-degree Second-degree 
        driving while impaired is a gross misdemeanor.  The mandatory 
        penalties described in section 169A.275 and the long-term 
        monitoring described in section 169A.277 may be applicable. 
           Sec. 5.  Minnesota Statutes 2000, section 169A.26, is 
        amended to read: 
           169A.26 [SECOND-DEGREE THIRD-DEGREE DRIVING WHILE 
        IMPAIRED.] 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20 (driving while impaired) is guilty of 
        second-degree third-degree driving while impaired if one 
        aggravating factor was present when the violation was committed. 
           Subd. 2.  [CRIMINAL PENALTY.] Second-degree Third-degree 
        driving while impaired is a gross misdemeanor.  The mandatory 
        penalties described in section 169A.275 and the long-term 
        monitoring described in section 169A.277 may be applicable. 
           Sec. 6.  Minnesota Statutes 2000, section 169A.27, is 
        amended to read: 
           169A.27 [THIRD-DEGREE FOURTH-DEGREE DRIVING WHILE 
        IMPAIRED.] 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20 (driving while impaired) is guilty of 
        third-degree fourth-degree driving while impaired. 
           Subd. 2.  [CRIMINAL PENALTY.] Third-degree Fourth-degree 
        driving while impaired is a misdemeanor. 
           Sec. 7.  Minnesota Statutes 2000, section 169A.275, is 
        amended to read: 
           169A.275 [MANDATORY PENALTIES; NONFELONY VIOLATIONS.] 
           Subdivision 1.  [SECOND OFFENSE.] (a) The court shall 
        sentence a person who is convicted of a violation of section 
        169A.20 (driving while impaired) within ten years of a qualified 
        prior impaired driving incident to either:  
           (1) a minimum of 30 days of incarceration, at least 48 
        hours of which must be served consecutively in a local 
        correctional facility; or 
           (2) eight hours of community work service for each day less 
        than 30 days that the person is ordered to serve in a local 
        correctional facility.  
        Notwithstanding section 609.135 (stay of imposition or execution 
        of sentence), the penalties in this paragraph must be executed, 
        unless the court departs from the mandatory minimum sentence 
        under paragraph (b) or (c). 
           (b) Prior to sentencing, the prosecutor may file a motion 
        to have a defendant described in paragraph (a) sentenced without 
        regard to the mandatory minimum sentence established by that 
        paragraph.  The motion must be accompanied by a statement on the 
        record of the reasons for it.  When presented with the 
        prosecutor's motion and if it finds that substantial mitigating 
        factors exist, the court shall sentence the defendant without 
        regard to the mandatory minimum sentence established by 
        paragraph (a).  
           (c) The court may, on its own motion, sentence a defendant 
        described in paragraph (a) without regard to the mandatory 
        minimum sentence established by that paragraph if it finds that 
        substantial mitigating factors exist and if its sentencing 
        departure is accompanied by a statement on the record of the 
        reasons for it.  The court also may sentence the defendant 
        without regard to the mandatory minimum sentence established by 
        paragraph (a) if the defendant is sentenced to probation and 
        ordered to participate in a program established under section 
        169A.74 (pilot programs of intensive probation for repeat DWI 
        offenders). 
           (d) When any portion of the sentence required by paragraph 
        (a) is not executed, the court should impose a sentence that is 
        proportional to the extent of the offender's prior criminal and 
        moving traffic violation record.  Any sentence required under 
        paragraph (a) must include a mandatory sentence that is not 
        subject to suspension or a stay of imposition or execution, and 
        that includes incarceration for not less than 48 consecutive 
        hours or at least 80 hours of community work service. 
           Subd. 2.  [THIRD OFFENSE.] (a) The court shall sentence a 
        person who is convicted of a violation of section 169A.20 
        (driving while impaired) within ten years of the first of two 
        qualified prior impaired driving incidents to either: 
           (1) a minimum of 90 days of incarceration, at least 30 days 
        of which must be served consecutively in a local correctional 
        facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility.  
           (b) The court may order that the person serve not more than 
        60 days of the minimum penalty under paragraph (a), clause (1), 
        on home detention or in an intensive probation program described 
        in section 169A.74. 
           (c) Notwithstanding section 609.135, the penalties in this 
        subdivision must be imposed and executed. 
           Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
        the person to the custody of the commissioner of corrections as 
        provided in section 169A.276 (mandatory penalties; felony 
        violations), the court shall sentence a person who is convicted 
        of a violation of section 169A.20 (driving while impaired) 
        within ten years of the first of three qualified prior impaired 
        driving incidents to either: 
           (1) a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility.  
           (b) The court may order that the person serve not more than 
        150 days of the minimum penalty under paragraph (a), clause (1), 
        on home detention or in an intensive probation program described 
        in section 169A.74.  Notwithstanding section 609.135, the 
        penalties in this subdivision must be imposed and executed. 
           Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
        commits the person to the custody of the commissioner of 
        corrections as provided in section 169A.276 (mandatory 
        penalties; felony violations), the court shall sentence a person 
        who is convicted of a violation of section 169A.20 (driving 
        while impaired) within ten years of the first of four or more 
        qualified prior impaired driving incidents to either: 
           (1) a minimum of one year of incarceration, at least 60 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility.  
           (b) The court may order that the person serve the remainder 
        of the minimum penalty under paragraph (a), clause (1), on 
        intensive probation using an electronic monitoring system or, if 
        such a system is unavailable, on home detention.  
        Notwithstanding section 609.135, the penalties in this 
        subdivision must be imposed and executed. 
           Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
        ASSESSMENT.] Unless the court commits the person to the custody 
        of the commissioner of corrections as provided in section 
        169A.276 (mandatory penalties; felony violations), in addition 
        to other penalties required under this section, the court shall 
        order a person to submit to the level of care recommended in the 
        chemical use assessment conducted under section 169A.70 (alcohol 
        safety program; chemical use assessments) if the person is 
        convicted of violating section 169A.20 (driving while impaired) 
        while having an alcohol concentration of 0.20 or more as 
        measured at the time, or within two hours of the time, of the 
        offense or if the violation occurs within ten years of one or 
        more qualified prior impaired driving incidents. 
           Sec. 8.  [169A.276] [MANDATORY PENALTIES; FELONY 
        VIOLATIONS.] 
           Subdivision 1.  [MANDATORY PRISON SENTENCE.] (a) The court 
        shall sentence a person who is convicted of a violation of 
        section 169A.20 (driving while impaired) under the circumstances 
        described in section 169A.24 (first-degree driving while 
        impaired) to imprisonment for not less than three years.  In 
        addition, the court may order the person to pay a fine of not 
        more than $14,000.  
           (b) The court may stay execution of this mandatory sentence 
        as provided in subdivision 2 (stay of mandatory sentence), but 
        may not stay imposition or adjudication of the sentence or 
        impose a sentence that has a duration of less than three years. 
           (c) An offender committed to the custody of the 
        commissioner of corrections under this subdivision, is not 
        eligible for release as provided in section 241.26, 244.065, 
        244.12, or 244.17, unless the offender has successfully 
        completed a chemical dependency treatment program while in 
        prison.  
           (d) Notwithstanding the statutory maximum sentence provided 
        in section 169A.24 (first-degree driving while impaired), when 
        the court commits a person to the custody of the commissioner of 
        corrections under this subdivision, it shall provide that after 
        the person has been released from prison the commissioner shall 
        place the person on conditional release for five years.  The 
        commissioner shall impose any conditions of release that the 
        commissioner deems appropriate including, but not limited to, 
        successful completion of an intensive probation program as 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders).  If the person fails to 
        comply with any condition of release, the commissioner may 
        revoke the person's conditional release and order the person to 
        serve all or part of the remaining portion of the conditional 
        release term in prison.  The commissioner may not dismiss the 
        person from supervision before the conditional release term 
        expires.  Except as otherwise provided in this section, 
        conditional release is governed by provisions relating to 
        supervised release.  The failure of a court to direct the 
        commissioner of corrections to place the person on conditional 
        release, as required in this paragraph, does not affect the 
        applicability of the conditional release provisions to the 
        person. 
           (e) The commissioner shall require persons placed on 
        supervised or conditional release under this subdivision to pay 
        as much of the costs of the supervision as possible.  The 
        commissioner shall develop appropriate standards for this.  
           Subd. 2.  [STAY OF MANDATORY SENTENCE.] The provisions of 
        sections 169A.275 (mandatory penalties; nonfelony violations), 
        subdivision 3 or 4, and subdivision 5, and 169A.283 (stay of 
        execution of sentence), apply if the court stays execution of 
        the sentence under subdivision 1 (mandatory prison sentence).  
        In addition, the provisions of section 169A.277 (long-term 
        monitoring) may apply.  
           Subd. 3.  [DRIVER'S LICENSE REVOCATION; NO STAY PERMITTED.] 
        The court may not stay the execution of the driver's license 
        revocation provisions of section 169A.54 (impaired driving 
        convictions and adjudications; administrative penalties). 
           Sec. 9.  Minnesota Statutes 2000, section 169A.283, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [STAY AUTHORIZED.] Except as otherwise 
        provided in section sections 169A.275 (mandatory penalties; 
        nonfelony violations) and 169A.276 (mandatory penalties; felony 
        violations), when a court sentences a person convicted of a 
        violation of section 169A.20 (driving while impaired), the court 
        may stay execution of the criminal sentence described in section 
        169A.25 169A.24 (first-degree driving while impaired), 169A.26 
        169A.25 (second-degree driving while impaired), or 169A.27 
        169A.26 (third-degree driving while impaired), or 169A.27 
        (fourth-degree driving while impaired) on the condition that the 
        convicted person submit to the level of care recommended in the 
        chemical use assessment report required under section 169A.70 
        (alcohol safety programs; chemical use assessments).  If the 
        court does not order a level of care in accordance with the 
        assessment report recommendation as a condition of a stay of 
        execution, it shall state on the record its reasons for not 
        following the assessment report recommendation. 
           Sec. 10.  Minnesota Statutes 2000, section 169A.40, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE DWI OFFENDERS; 
        CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the Rules of 
        Criminal Procedure, a peace officer acting without a warrant who 
        has decided to proceed with the prosecution of a person for 
        violating section 169A.20 (driving while impaired), shall arrest 
        and take the person into custody if the officer has reason to 
        believe the violation occurred under the circumstances described 
        in section 169A.24 (first-degree driving while impaired) or 
        169A.25 (first-degree second-degree driving while impaired).  
        The person shall be detained until the person's first court 
        appearance. 
           Sec. 11.  Minnesota Statutes 2000, section 169A.63, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them. 
           (b) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense or to require a test under section 169A.51 
        (chemical tests for intoxication). 
           (c) "Designated license revocation" includes a license 
        revocation under section 169A.52 (license revocation for test 
        failure or refusal) or a license disqualification under section 
        171.165 (commercial driver's license disqualification) resulting 
        from a violation of section 169A.52; within ten years of the 
        first of two or more qualified prior impaired driving incidents. 
           (d) "Designated offense" includes: 
           (1) a violation of section 169A.20 (driving while impaired) 
        under the circumstances described in section 169A.24 
        (first-degree driving while impaired) or 169A.25 (first-degree 
        second-degree driving while impaired); or 
           (2) a violation of section 169A.20 or an ordinance in 
        conformity with it: 
           (i) by a person whose driver's license or driving 
        privileges have been canceled as inimical to public safety under 
        section 171.04, subdivision 1, clause (10); or 
           (ii) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 (commissioner's 
        license restrictions), which provides that the person may not 
        use or consume any amount of alcohol or a controlled substance. 
           (e) "Motor vehicle" and "vehicle" do not include a vehicle 
        which is stolen or taken in violation of the law. 
           (f) "Owner" means the registered owner of the motor vehicle 
        according to records of the department of public safety and 
        includes a lessee of a motor vehicle if the lease agreement has 
        a term of 180 days or more. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Sec. 12.  Minnesota Statutes 2000, section 171.29, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
        license has been revoked as provided in subdivision 1, except 
        under section 169A.52 or 169A.54, shall pay a $30 fee before the 
        driver's license is reinstated. 
           (b) A person whose driver's license has been revoked as 
        provided in subdivision 1 under section 169A.52 or 169A.54 shall 
        pay a $250 fee plus a $40 surcharge before the driver's license 
        is reinstated.  Beginning July 1, 2002, the surcharge is $145.  
        Beginning July 1, 2003, the surcharge is $380.  The $250 fee is 
        to be credited as follows: 
           (1) Twenty percent must be credited to the trunk highway 
        fund. 
           (2) Fifty-five percent must be credited to the general fund.
           (3) Eight percent must be credited to a separate account to 
        be known as the bureau of criminal apprehension account.  Money 
        in this account may be appropriated to the commissioner of 
        public safety and the appropriated amount must be apportioned 80 
        percent for laboratory costs and 20 percent for carrying out the 
        provisions of section 299C.065. 
           (4) Twelve percent must be credited to a separate account 
        to be known as the alcohol-impaired driver education account.  
        Money in the account is appropriated as follows: 
           (i) the first $200,000 in a fiscal year to the commissioner 
        of children, families, and learning for programs for elementary 
        and secondary school students; and 
           (ii) the remainder credited in a fiscal year to the 
        commissioner of transportation to be spent as grants to the 
        Minnesota highway safety center at St. Cloud State University 
        for programs relating to alcohol and highway safety education in 
        elementary and secondary schools. 
           (5) Five percent must be credited to a separate account to 
        be known as the traumatic brain injury and spinal cord injury 
        account.  The money in the account is annually appropriated to 
        the commissioner of health to be used as follows:  35 percent 
        for a contract with a qualified community-based organization to 
        provide information, resources, and support to assist persons 
        with traumatic brain injury and their families to access 
        services, and 65 percent to maintain the traumatic brain injury 
        and spinal cord injury registry created in section 144.662.  For 
        the purposes of this clause, a "qualified community-based 
        organization" is a private, not-for-profit organization of 
        consumers of traumatic brain injury services and their family 
        members.  The organization must be registered with the United 
        States Internal Revenue Service under section 501(c)(3) as a 
        tax-exempt organization and must have as its purposes:  
           (i) the promotion of public, family, survivor, and 
        professional awareness of the incidence and consequences of 
        traumatic brain injury; 
           (ii) the provision of a network of support for persons with 
        traumatic brain injury, their families, and friends; 
           (iii) the development and support of programs and services 
        to prevent traumatic brain injury; 
           (iv) the establishment of education programs for persons 
        with traumatic brain injury; and 
           (v) the empowerment of persons with traumatic brain injury 
        through participation in its governance. 
        No patient's name, identifying information or identifiable 
        medical data will be disclosed to the organization without the 
        informed voluntary written consent of the patient or patient's 
        guardian, or if the patient is a minor, of the parent or 
        guardian of the patient. 
           (c) The $40 surcharge must be credited to a separate 
        account to be known as the remote electronic alcohol monitoring 
        program account.  The commissioner shall transfer the balance of 
        this account to the commissioner of finance on a monthly basis 
        for deposit in the general fund. 
           (d) When these fees are collected by a licensing agent, 
        appointed under section 171.061, a handling charge is imposed in 
        the amount specified under section 171.061, subdivision 4.  The 
        reinstatement fees and surcharge must be deposited in an 
        approved state depository as directed under section 171.061, 
        subdivision 4. 
           Sec. 13.  [SUPERVISION LEVEL.] 
           Nothing in this act requires a different level of 
        supervision for offenders than is currently required by law. 
           Sec. 14.  [STUDY.] 
           By January 15, 2004, and each year thereafter through 
        January 15, 2007, the commissioner of corrections must report to 
        the chairs and ranking minority members of the house and senate 
        committees having jurisdiction over criminal justice and 
        judiciary finance issues on the implementation and effects of 
        the felony level driving while impaired offense.  The report 
        must include the following information on felony level driving 
        while impaired offenses: 
           (1) the number of persons convicted; 
           (2) the number of trials taken to verdict, separating out 
        cases tried to a judge versus cases tried to a jury, and the 
        number of convictions for each; 
           (3) the number of offenders incarcerated locally and the 
        term of incarceration; 
           (4) the number placed on probation and the length of the 
        probation; 
           (5) the number for whom probation is revoked, the reasons 
        for revocation, and the consequences imposed; 
           (6) the number given an executed prison sentence upon 
        conviction and the length of the sentence; 
           (7) the number given an executed prison sentence upon 
        revocation of probation and the length of sentence; 
           (8) the number who successfully complete treatment in 
        prison; 
           (9) the number placed on intensive supervision following 
        release from incarceration; 
           (10) the number who violate supervised release and the 
        consequences imposed; and 
           (11) any other information the commissioner deems relevant 
        to estimating future costs. 
           Sec. 15.  [FELONY DRIVING WHILE IMPAIRED APPROPRIATIONS.] 
           Subdivision 1.  [TOTAL APPROPRIATION.] $2,670,000 is 
        appropriated from the general fund to the agencies and for the 
        purposes specified in this article, to be available for the 
        fiscal year ending June 30, 2003.  The amounts that may be spent 
        from this appropriation for each program are specified in the 
        following subdivisions. 
           Subd. 2.  [CORRECTIONS.] (a) $2,334,000 is appropriated to 
        the department of corrections.  The amounts that may be spent 
        from this appropriation for each program are specified in the 
        following paragraphs. 
           (b) $2,137,000 is appropriated to correctional institutions 
        for increased costs due to the bed impact of the felony-level 
        penalty for driving while impaired. 
           (c) $197,000 is appropriated to community services for 
        increased community supervision costs due to the felony-level 
        penalty for driving while impaired. 
           Subd. 3.  [PUBLIC SAFETY.] $84,000 is appropriated to the 
        bureau of criminal apprehension for increased costs associated 
        with providing trial support due to the felony-level penalty for 
        driving while impaired. 
           Subd. 4.  [BOARD OF PUBLIC DEFENSE.] $125,000 is 
        appropriated to the board of public defense for costs associated 
        with increased trials and appeals due to the felony-level 
        penalty for driving while impaired. 
           Subd. 5.  [ATTORNEY GENERAL.] $127,000 is appropriated to 
        the attorney general for costs associated with increased appeals 
        due to the felony-level penalty for driving while impaired. 
           Sec. 16.  [INSTRUCTION TO REVISOR; LEGISLATIVE INTENT.] 
           The appropriations contained in this article relating to 
        the felony-level driving while impaired penalty are superseded 
        by any other appropriations for the same purposes enacted in the 
        2001 First Special Session. 
           Sec. 17.  [EFFECTIVE DATE.] 
           Sections 1 to 11, 13, and 14 are effective August 1, 2002, 
        and apply to crimes committed on or after that date.  However, 
        violations occurring before August 1, 2002, that are listed in 
        Minnesota Statutes, section 169A.03, subdivisions 20 and 21, are 
        considered qualified prior impaired driving incidents for 
        purposes of this act.  The remaining sections are effective July 
        1, 2001. 

                                   ARTICLE 12
                          MISCELLANEOUS DWI PROVISIONS 
           Section 1.  Minnesota Statutes 2000, section 169A.277, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MONITORING REQUIRED.] When the court sentences a 
        person described in subdivision 1 to a stayed sentence and when 
        electronic monitoring equipment is available to the court, the 
        court shall require that the person participate in a program of 
        electronic alcohol monitoring in addition to any other 
        conditions of probation or jail time it imposes.  During the 
        first one-third of the person's probationary term, the 
        electronic alcohol monitoring must be continuous and involve 
        measurements of the person's alcohol concentration at least 
        three times a day.  During the remainder of the person's 
        probationary term, the electronic alcohol monitoring may be 
        intermittent, as determined by the court.  The court must order 
        the monitoring for a minimum of 30 consecutive days during each 
        year of the person's probationary period. 
           Sec. 2.  Minnesota Statutes 2000, section 169A.28, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PERMISSIVE CONSECUTIVE SENTENCES; MULTIPLE 
        OFFENSES.] (a) When a person is being sentenced for a violation 
        of a provision listed in paragraph (e), the court may sentence 
        the person to a consecutive term of imprisonment for a violation 
        of any other provision listed in paragraph (e), notwithstanding 
        the fact that the offenses arose out of the same course of 
        conduct, subject to the limitation on consecutive sentences 
        contained in section 609.15, subdivision 2, and except as 
        provided in paragraphs (b) and (c). 
           (b) When a person is being sentenced for a violation of 
        section 171.09 (violation of condition of restricted license), 
        171.20 (operation after revocation, suspension, cancellation, or 
        disqualification), 171.24 (driving without valid license), or 
        171.30 (violation of condition of limited license), the court 
        may not impose a consecutive sentence for another violation of a 
        provision in chapter 171 (drivers' licenses and training 
        schools). 
           (c) When a person is being sentenced for a violation of 
        section 169.791 (failure to provide proof of insurance) or 
        169.797 (failure to provide vehicle insurance), the court may 
        not impose a consecutive sentence for another violation of a 
        provision of sections 169.79 to 169.7995. 
           (d) This subdivision does not limit the authority of the 
        court to impose consecutive sentences for crimes arising on 
        different dates or to impose a consecutive sentence when a 
        person is being sentenced for a crime and is also in violation 
        of the conditions of a stayed or otherwise deferred sentence 
        under section 609.135 (stay of imposition or execution of 
        sentence). 
           (e) This subdivision applies to misdemeanor and gross 
        misdemeanor violations of the following if the offender has two 
        or more prior impaired driving convictions within the past ten 
        years: 
           (1) section 169A.20, subdivision 1 (driving while impaired; 
        impaired driving offenses); 
           (2) section 169A.20, subdivision 2 (driving while impaired; 
        test refusal offense); 
           (3) section 169.791; 
           (3) (4) section 169.797; 
           (4) (5) section 171.09 (violation of condition of 
        restricted license); 
           (6) section 171.20, subdivision 2 (operation after 
        revocation, suspension, cancellation, or disqualification); 
           (5) (7) section 171.24; and 
           (6) (8) section 171.30. 
           Sec. 3.  Minnesota Statutes 2000, section 169A.35, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "alcoholic beverage" has the meaning given it in 
        section 340A.101, subdivision 2; 
           (2) "distilled spirits" has the meaning given it in section 
        340A.101, subdivision 9; 
           (3) "motor vehicle" does not include motorboats in 
        operation or off-road recreational vehicles; and 
           (2) (4) "possession" means either that the person had 
        actual possession of the bottle or receptacle or that the person 
        consciously exercised dominion and control over the bottle or 
        receptacle; and 
           (5) "3.2 percent malt liquor" has the meaning given it in 
        section 340A.101, subdivision 19. 
           Sec. 4.  Minnesota Statutes 2000, section 169A.35, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [ALCOHOLIC BEVERAGE, DISTILLED SPIRIT, 3.2 MALT 
        LIQUOR; DETERMINATION.] For purposes of this section only, when 
        determining whether a beverage is an alcoholic beverage, a 
        distilled spirit, or 3.2 percent malt liquor: 
           (1) "alcohol by volume" means milliliters of alcohol per 
        100 milliliters of beverage; and 
           (2) "alcohol by weight" means grams of alcohol per 100 
        grams of beverage. 
           Sec. 5.  Minnesota Statutes 2000, section 169A.37, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRIME DESCRIBED.] It is a crime for a 
        person to: 
           (1) to fail to comply with an impoundment order under 
        section 169A.60 (administrative plate impoundment); 
           (2) to file a false statement under section 169A.60, 
        subdivision 7 or, 8, or 14; 
           (3) to operate a self-propelled motor vehicle on a street 
        or highway when the vehicle is subject to an impoundment order 
        issued under section 169A.60, unless specially coded plates have 
        been issued for the vehicle pursuant to section 169A.60, 
        subdivision 13; or 
           (4) to fail to notify the commissioner of the impoundment 
        order when requesting new plates.; 
           (5) who is subject to a plate impoundment order under 
        section 169A.60, to drive, operate, or be in control of any 
        motor vehicle during the impoundment period, unless the vehicle 
        has specially coded plates issued pursuant to section 169A.60, 
        subdivision 13, and the person is validly licensed to drive; or 
           (6) who is the transferee of a motor vehicle and who has 
        signed a sworn statement under section 169A.60, subdivision 14, 
        to allow the previously registered owner to drive, operate, or 
        be in control of the vehicle during the impoundment period. 
           Sec. 6.  Minnesota Statutes 2000, section 169A.41, 
        subdivision 2, is amended to read: 
           Subd. 2.  [USE OF TEST RESULTS.] The results of this 
        preliminary screening test must be used for the purpose of 
        deciding whether an arrest should be made and whether to require 
        the tests authorized in section 169A.51 (chemical tests for 
        intoxication), but must not be used in any court action except 
        the following: 
           (1) to prove that a test was properly required of a person 
        pursuant to section 169A.51, subdivision 1; 
           (2) in a civil action arising out of the operation or use 
        of the motor vehicle; 
           (3) in an action for license reinstatement under section 
        171.19; 
           (4) in a prosecution for a violation of section 169A.20, 
        subdivision 2 (driving while impaired; test refusal); 
           (5) in a prosecution or juvenile court proceeding 
        concerning a violation of section 169A.33 (underage drinking and 
        driving), or 340A.503, subdivision 1, paragraph (a), clause (2) 
        (underage alcohol consumption); 
           (5) (6) in a prosecution under section 169A.31, 
        (alcohol-related school or Head Start bus driving); or 171.30 
        (limited license); or 
           (6) (7) in a prosecution for a violation of a restriction 
        on a driver's license under section 171.09, which provides that 
        the license holder may not use or consume any amount of alcohol 
        or a controlled substance. 
           Sec. 7.  Minnesota Statutes 2000, section 169A.51, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REQUIREMENTS FOR CONDUCTING TESTS; LIABILITY.] 
        (a) Only a physician, medical technician, physician's trained 
        mobile intensive care paramedic emergency medical 
        technician-paramedic, registered nurse, medical 
        technologist, medical laboratory technician, or laboratory 
        assistant acting at the request of a peace officer may withdraw 
        blood for the purpose of determining the presence of alcohol, 
        controlled substances, or hazardous substances.  This limitation 
        does not apply to the taking of a breath or urine sample. 
           (b) The person tested has the right to have someone of the 
        person's own choosing administer a chemical test or tests in 
        addition to any administered at the direction of a peace 
        officer; provided, that the additional test sample on behalf of 
        the person is obtained at the place where the person is in 
        custody, after the test administered at the direction of a peace 
        officer, and at no expense to the state.  The failure or 
        inability to obtain an additional test or tests by a person does 
        not preclude the admission in evidence of the test taken at the 
        direction of a peace officer unless the additional test was 
        prevented or denied by the peace officer. 
           (c) The physician, medical technician, physician's trained 
        mobile intensive care paramedic emergency medical 
        technician-paramedic, medical technologist, medical laboratory 
        technician, laboratory assistant, or registered nurse drawing 
        blood at the request of a peace officer for the purpose of 
        determining the concentration of alcohol, controlled substances, 
        or hazardous substances is in no manner liable in any civil or 
        criminal action except for negligence in drawing the blood.  The 
        person administering a breath test must be fully trained in the 
        administration of breath tests pursuant to training given by the 
        commissioner of public safety. 
           Sec. 8.  Minnesota Statutes 2000, section 169A.54, 
        subdivision 6, is amended to read: 
           Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
        Except for a person whose license has been revoked under 
        subdivision 2, and except for a person convicted of a violation 
        of section 169A.20 (driving while impaired) while having a child 
        under the age of 16 in the vehicle if the child is more than 36 
        months younger than the offender, (a) Any person whose license 
        has been revoked pursuant to section 169A.52 (license revocation 
        for test failure or refusal) as the result of the same incident, 
        and who does not have a qualified prior impaired driving 
        incident, is subject to the mandatory revocation provisions of 
        subdivision 1, clause (1) or (2), in lieu of the mandatory 
        revocation provisions of section 169A.52. 
           (b) Paragraph (a) does not apply to: 
           (1) a person whose license has been revoked under 
        subdivision 2 (driving while impaired by person under age 21); 
           (2) a person charged with violating section 169A.20 
        (driving while impaired) with the aggravating factor of having 
        an alcohol concentration of 0.20 or more as measured at the 
        time, or within two hours of the time, of the offense, and the 
        person is convicted of that offense or any other offense 
        described in section 169A.20 arising out of the same set of 
        circumstances; or 
           (3) a person charged with violating section 169A.20 
        (driving while impaired) with the aggravating factor of having a 
        child under the age of 16 in the vehicle and the child is more 
        than 36 months younger than the offender, and the person is 
        convicted of that offense or any other offense described in 
        section 169A.20 arising out of the same set of circumstances. 
           Sec. 9.  Minnesota Statutes 2000, section 169A.60, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given in this subdivision. 
           (b) "Motor vehicle" means a self-propelled motor vehicle 
        other than a motorboat in operation or a an off-road 
        recreational vehicle. 
           (c) "Plate impoundment violation" includes: 
           (1) a violation of section 169A.20 (driving while impaired) 
        or 169A.52 (license revocation for test failure or refusal), or 
        a conforming ordinance from this state or a conforming statute 
        or ordinance from another state, that results in the revocation 
        of a person's driver's license or driving privileges, within ten 
        years of a qualified prior impaired driving incident; 
           (2) a license disqualification under section 171.165 
        (commercial driver's license disqualification) resulting from a 
        violation of section 169A.52 within ten years of a qualified 
        prior impaired driving incident; 
           (3) a violation of section 169A.20 or 169A.52 while having 
        an alcohol concentration of 0.20 or more as measured at the 
        time, or within two hours of the time, of the offense; 
           (4) a violation of section 169A.20 or 169A.52 while having 
        a child under the age of 16 in the vehicle if the child is more 
        than 36 months younger than the offender; and 
           (5) a violation of section 171.24 (driving without valid 
        license) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (10) (persons not eligible for driver's license, 
        inimical to public safety). 
           (d) "Significant relationship" has the same meaning as 
        given in section 609.341, subdivision 15, and includes any 
        person with whom the actor regularly associates and communicates 
        outside of a workplace setting. 
           (e) "Violator" means a person who was driving, operating, 
        or in physical control of the motor vehicle when the plate 
        impoundment violation occurred. 
           Sec. 10.  Minnesota Statutes 2000, section 169A.60, 
        subdivision 13, is amended to read: 
           Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
        during the effective period of an impoundment order, a violator 
        or registered owner may apply to the commissioner for new 
        registration plates, which must bear a special series of numbers 
        or letters so as to be readily identified by traffic law 
        enforcement officers.  The commissioner may authorize the 
        issuance of special plates if: 
           (1) the violator has a qualified licensed driver whom the 
        violator must identify; 
           (2) the violator or registered owner has a limited license 
        issued under section 171.30; 
           (3) the registered owner is not the violator and the 
        registered owner has a valid or limited driver's license; or 
           (4) a member of the registered owner's household has a 
        valid driver's license; or 
           (5) the violator has been reissued a valid driver's license.
           (b) The commissioner may not issue new registration plates 
        for that vehicle subject to plate impoundment for a period of at 
        least one year from the date of the impoundment order and until 
        the next regularly scheduled registration date following the 
        impoundment period.  In addition, if the owner is the violator, 
        new registration plates may not be issued for the vehicle unless 
        the person has been reissued a valid driver's license in 
        accordance with chapter 171. 
           (c) A violator may not apply for new registration plates 
        for a vehicle at any time before the person's driver's license 
        is reinstated. 
           (d) The commissioner may issue the special plates on 
        payment of a $50 fee for each vehicle for which special plates 
        are requested. 
           (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
        must issue upon request new registration plates for a vehicle 
        for which the registration plates have been impounded if: 
           (1) the impoundment order is rescinded; 
           (2) the vehicle is transferred in compliance with 
        subdivision 14; or 
           (3) the vehicle is transferred to a Minnesota automobile 
        dealer licensed under section 168.27, a financial institution 
        that has submitted a repossession affidavit, or a government 
        agency. 
           Sec. 11.  Minnesota Statutes 2000, section 169A.60, 
        subdivision 14, is amended to read: 
           Subd. 14.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 
        (a) A registered owner may not sell or transfer a motor vehicle 
        during the time its registration plates have been ordered 
        impounded or during the time its registration plates bear a 
        special series number, unless: 
           (1) the sale is for a valid consideration; 
           (2) the transferee does and the registered owner: 
           (i) are not, and have not been, related by blood, adoption, 
        or marriage; 
           (ii) do not reside in the same household as the registered 
        owner; and 
           (iii) do not have, and have not had at any time, a 
        significant relationship with one another; 
           (3) the transferee signs an acceptable sworn statement with 
        the commissioner attesting that: 
           (i) the transferee and the violator do not have, and have 
        not had at any time, a significant relationship with one 
        another; 
           (ii) the transferee understands that the vehicle is subject 
        to an impoundment order; and 
           (iii) it is a crime under section 169A.37 to file a false 
        statement under this section or to allow the previously 
        registered owner to drive, operate, or be in control of the 
        vehicle during the impoundment period; and 
           (4) all elements of section 168A.10 (transfer of interest 
        by owner) are satisfied. 
           (b) If the conditions of paragraph (a) are satisfied, the 
        registrar may then transfer the title to the new owner upon 
        proper application and issue new registration plates for the 
        vehicle. 
           Sec. 12.  Minnesota Statutes 2000, section 169A.63, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them.  
           (b) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense or to require a test under section 169A.51 
        (chemical tests for intoxication). 
           (c) "Designated license revocation" includes a license 
        revocation under section 169A.52 (license revocation for test 
        failure or refusal) or a license disqualification under section 
        171.165 (commercial driver's license disqualification) resulting 
        from a violation of section 169A.52; within ten years of the 
        first of two or more qualified prior impaired driving incidents. 
           (d) "Designated offense" includes: 
           (1) a violation of section 169A.20 (driving while impaired) 
        under the circumstances described in section 169A.25 
        (first-degree driving while impaired); or 
           (2) a violation of section 169A.20 or an ordinance in 
        conformity with it: 
           (i) by a person whose driver's license or driving 
        privileges have been canceled as inimical to public safety under 
        section 171.04, subdivision 1, clause (10); or 
           (ii) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 (commissioner's 
        license restrictions), which provides that the person may not 
        use or consume any amount of alcohol or a controlled substance. 
           (e) "Motor vehicle" and "vehicle" do not include a vehicle 
        which is stolen or taken in violation of the law. 
           (f) "Owner" means the registered owner of the motor vehicle 
        according to records of the department of public safety and 
        includes a lessee of a motor vehicle if the lease agreement has 
        a term of 180 days or more. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated 
        offense or a designee.  If a state agency initiated the 
        forfeiture, and the attorney responsible for prosecuting the 
        designated offense declines to pursue forfeiture, the attorney 
        general's office or its designee may initiate forfeiture under 
        this section. 
           Sec. 13.  Minnesota Statutes 2000, section 169A.63, 
        subdivision 10, is amended to read: 
           Subd. 10.  [DISPOSITION OF FORFEITED VEHICLE.] (a) If the 
        vehicle is administratively forfeited under subdivision 8, or if 
        the court finds under subdivision 9 that the vehicle is subject 
        to forfeiture under subdivisions 6 and 7, the appropriate agency 
        shall: 
           (1) sell the vehicle and distribute the proceeds under 
        paragraph (b); or 
           (2) keep the vehicle for official use.  If the agency keeps 
        a forfeited motor vehicle for official use, it shall make 
        reasonable efforts to ensure that the motor vehicle is available 
        for use by the agency's officers who participate in the drug 
        abuse resistance education program. 
           (b) The proceeds from the sale of forfeited vehicles, after 
        payment of seizure, storage, forfeiture, and sale expenses, and 
        satisfaction of valid liens against the property, must be 
        forwarded to the treasury of the political subdivision that 
        employs the appropriate agency responsible for the forfeiture 
        for use in DWI-related enforcement, training, and education.  If 
        the appropriate agency is an agency of state government, the net 
        proceeds must be forwarded to the state treasury and credited to 
        the following funds: 
           (1) if the forfeited vehicle is a motorboat, the net 
        proceeds must be credited to the water recreation account in the 
        natural resources fund; 
           (2) if the forfeited vehicle is a snowmobile, the net 
        proceeds must be credited to the snowmobile trails and 
        enforcement account in the natural resources fund; 
           (3) if the forfeited vehicle is an all-terrain vehicle, the 
        net proceeds must be credited to the all-terrain vehicle account 
        in the natural resources fund; 
           (4) if the forfeited vehicle is an off-highway motorcycle, 
        the net proceeds must be credited to the off-highway motorcycle 
        account in the natural resources fund; 
           (5) if the forfeited vehicle is an off-road vehicle, the 
        net proceeds must be credited to the off-road vehicle account in 
        the natural resources fund; and 
           (6) if otherwise, the net proceeds must be credited to the 
        general fund distributed as follows: 
           (1) 70 percent of the proceeds must be forwarded to the 
        appropriate agency for deposit as a supplement to the state or 
        local agency's operating fund or similar fund for use in 
        DWI-related enforcement, training, and education; and 
           (2) 30 percent of the money or proceeds must be forwarded 
        to the prosecuting authority that handled the forfeiture for 
        deposit as a supplement to its operating fund or similar fund 
        for prosecutorial purposes. 
           Sec. 14.  Minnesota Statutes 2000, section 171.09, is 
        amended to read: 
           171.09 [COMMISSIONER MAY IMPOSE RESTRICTIONS; VIOLATIONS.] 
           (a) The commissioner shall have the authority, when good 
        cause appears, to impose restrictions suitable to the licensee's 
        driving ability or such other restrictions applicable to the 
        licensee as the commissioner may determine to be appropriate to 
        assure the safe operation of a motor vehicle by the licensee.  
        The commissioner may, upon receiving satisfactory evidence of 
        any violation of the restrictions of the license, suspend or 
        revoke the license.  A license suspension under this section is 
        subject to section 171.18, subdivisions 2 and 3. 
           (b) It is unlawful for any person to operate A person who 
        drives, operates, or is in physical control of a motor 
        vehicle in any manner while in violation of the restrictions 
        imposed in a restricted driver's license issued to that person 
        under paragraph (a) is guilty of a crime as follows: 
           (1) if the restriction relates to the possession or 
        consumption of alcohol or controlled substances, the person is 
        guilty of a gross misdemeanor; or 
           (2) if the restriction relates to another matter, the 
        person is guilty of a misdemeanor.  
           Sec. 15.  Minnesota Statutes 2000, section 171.29, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
        license has been revoked as provided in subdivision 1, except 
        under section 169A.52 or, 169A.54, or 609.21, shall pay a $30 
        fee before the driver's license is reinstated. 
           (b) A person whose driver's license has been revoked as 
        provided in subdivision 1 under section 169A.52 or, 169A.54, or 
        609.21, shall pay a $250 fee plus a $40 surcharge before the 
        driver's license is reinstated.  The $250 fee is to be credited 
        as follows: 
           (1) Twenty percent must be credited to the trunk highway 
        fund. 
           (2) Fifty-five percent must be credited to the general fund.
           (3) Eight percent must be credited to a separate account to 
        be known as the bureau of criminal apprehension account.  Money 
        in this account may be appropriated to the commissioner of 
        public safety and the appropriated amount must be apportioned 80 
        percent for laboratory costs and 20 percent for carrying out the 
        provisions of section 299C.065. 
           (4) Twelve percent must be credited to a separate account 
        to be known as the alcohol-impaired driver education account.  
        Money in the account is appropriated as follows: 
           (i) the first $200,000 in a fiscal year to the commissioner 
        of children, families, and learning for programs for elementary 
        and secondary school students; and 
           (ii) the remainder credited in a fiscal year to the 
        commissioner of transportation to be spent as grants to the 
        Minnesota highway safety center at St. Cloud State University 
        for programs relating to alcohol and highway safety education in 
        elementary and secondary schools. 
           (5) Five percent must be credited to a separate account to 
        be known as the traumatic brain injury and spinal cord injury 
        account.  The money in the account is annually appropriated to 
        the commissioner of health to be used as follows:  35 percent 
        for a contract with a qualified community-based organization to 
        provide information, resources, and support to assist persons 
        with traumatic brain injury and their families to access 
        services, and 65 percent to maintain the traumatic brain injury 
        and spinal cord injury registry created in section 144.662.  For 
        the purposes of this clause, a "qualified community-based 
        organization" is a private, not-for-profit organization of 
        consumers of traumatic brain injury services and their family 
        members.  The organization must be registered with the United 
        States Internal Revenue Service under section 501(c)(3) as a 
        tax-exempt organization and must have as its purposes:  
           (i) the promotion of public, family, survivor, and 
        professional awareness of the incidence and consequences of 
        traumatic brain injury; 
           (ii) the provision of a network of support for persons with 
        traumatic brain injury, their families, and friends; 
           (iii) the development and support of programs and services 
        to prevent traumatic brain injury; 
           (iv) the establishment of education programs for persons 
        with traumatic brain injury; and 
           (v) the empowerment of persons with traumatic brain injury 
        through participation in its governance. 
        No patient's name, identifying information or identifiable 
        medical data will be disclosed to the organization without the 
        informed voluntary written consent of the patient or patient's 
        guardian, or if the patient is a minor, of the parent or 
        guardian of the patient. 
           (c) The $40 surcharge must be credited to a separate 
        account to be known as the remote electronic alcohol monitoring 
        program account.  The commissioner shall transfer the balance of 
        this account to the commissioner of finance on a monthly basis 
        for deposit in the general fund. 
           (d) When these fees are collected by a licensing agent, 
        appointed under section 171.061, a handling charge is imposed in 
        the amount specified under section 171.061, subdivision 4.  The 
        reinstatement fees and surcharge must be deposited in an 
        approved state depository as directed under section 171.061, 
        subdivision 4. 
           Sec. 16.  Minnesota Statutes 2000, section 609.035, 
        subdivision 2, is amended to read: 
           Subd. 2.  (a) When a person is being sentenced for a 
        violation of a provision listed in paragraph (e), the court may 
        sentence the person to a consecutive term of imprisonment for a 
        violation of any other provision listed in paragraph (e), 
        notwithstanding the fact that the offenses arose out of the same 
        course of conduct, subject to the limitation on consecutive 
        sentences contained in section 609.15, subdivision 2, and except 
        as provided in paragraphs (b), (c), and (f) of this subdivision. 
           (b) When a person is being sentenced for a violation of 
        section 171.09, 171.20, 171.24, or 171.30, the court may not 
        impose a consecutive sentence for another violation of a 
        provision in chapter 171. 
           (c) When a person is being sentenced for a violation of 
        section 169.791 or 169.797, the court may not impose a 
        consecutive sentence for another violation of a provision of 
        sections 169.79 to 169.7995. 
           (d) This subdivision does not limit the authority of the 
        court to impose consecutive sentences for crimes arising on 
        different dates or to impose a consecutive sentence when a 
        person is being sentenced for a crime and is also in violation 
        of the conditions of a stayed or otherwise deferred sentence 
        under section 609.135. 
           (e) This subdivision applies to misdemeanor and gross 
        misdemeanor violations of the following if the offender has two 
        or more prior impaired driving convictions as defined in section 
        169A.03 within the past ten years: 
           (1) section 169A.20, subdivision 1, driving while impaired; 
           (2) section 169A.20, subdivision 2, test refusal; 
           (3) section 169.791, failure to provide proof of insurance; 
           (3) (4) section 169.797, failure to provide vehicle 
        insurance; 
           (4) (5) section 171.09, violation of condition of 
        restricted license; 
           (6) section 171.20, subdivision 2, operation after 
        revocation, suspension, cancellation, or disqualification; 
           (5) (7) section 171.24, driving without valid license; and 
           (6) (8) section 171.30, violation of condition of limited 
        license. 
           (f) When a court is sentencing an offender for a violation 
        of section 169A.20 and a violation of an offense listed in 
        paragraph (e), and the offender has five or more qualified prior 
        impaired driving incidents, as defined in section 169A.03, 
        within the past ten years, the court shall sentence the offender 
        to serve consecutive sentences for the offenses, notwithstanding 
        the fact that the offenses arose out of the same course of 
        conduct. 
           Sec. 17.  Minnesota Statutes 2000, section 626.52, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [IMMUNITY FROM LIABILITY.] Any person reporting 
        in good faith and exercising due care shall have immunity from 
        any liability, civil or criminal, that otherwise might result by 
        reason of the person's actions pursuant to this section or 
        section 626.53.  No cause of action may be brought against any 
        person for not making a report pursuant to this section or 
        section 626.53. 
           Sec. 18.  [REPEALER.] 
           Minnesota Statutes 2000, section 626.55, subdivision 2, is 
        repealed. 
           Sec. 19.  [EFFECTIVE DATES.] 
           Provisions in this article that relate to crimes are 
        effective August 1, 2001, and apply to crimes or acts committed 
        on or after that date.  The remaining provisions are effective 
        July 1, 2001. 
           Presented to the governor June 30, 2001 
           Signed by the governor June 30, 2001, 8:45 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569