1.1                          A bill for an act 
  1.2             relating to public safety; enacting various 
  1.3             antiterrorism measures; expanding first-degree murder 
  1.4             to include death resulting from an act of terrorism 
  1.5             and imposing a term of life imprisonment without 
  1.6             release for this; establishing crimes relating to the 
  1.7             use of biological agents, toxic chemicals, toxins, or 
  1.8             radioactive materials; modifying and expanding 
  1.9             provisions relating to terroristic threats; increasing 
  1.10            penalties for trespass on a public utility or a 
  1.11            critical public service facility; providing criminal 
  1.12            penalties for persons who promote, advocate, and take 
  1.13            responsibility for criminal acts under certain 
  1.14            circumstances; providing criminal penalties for 
  1.15            certain persons who aid others to commit terrorism; 
  1.16            increasing criminal penalties for giving false 
  1.17            information to law enforcement officers relating to 
  1.18            terrorism; increasing the emergency telephone service 
  1.19            fee; extending the public safety radio communication 
  1.20            system to parts of greater Minnesota; authorizing sale 
  1.21            of metropolitan council revenue bonds; imposing 
  1.22            criminal penalties; creating and modifying grant 
  1.23            programs for emergency preparedness training and 
  1.24            equipment purchases and other expenses related to 
  1.25            terrorism; appropriating money for various emergency 
  1.26            response and antiterrorism measures; providing for 
  1.27            expedited management and disposal of waste in 
  1.28            peacetime emergencies and for other changes related to 
  1.29            peacetime emergencies; amending Minnesota Statutes 
  1.30            2000, sections 12.03, subdivision 4; 12.21, 
  1.31            subdivisions 1, 3; 12.22, subdivision 2; 12.31, 
  1.32            subdivision 2; 12.32; 12.34, subdivision 1; 12.36; 
  1.33            31.05, subdivision 1, by adding a subdivision; 
  1.34            299F.72, subdivision 1; 473.891, by adding 
  1.35            subdivisions; 473.898, subdivisions 1, 3; 473.902, 
  1.36            subdivisions 1, 3, 5; 609.106, subdivision 2; 609.185; 
  1.37            609.505; 609.605, by adding a subdivision; 609.713, 
  1.38            subdivisions 1, 2, by adding a subdivision; Minnesota 
  1.39            Statutes 2001 Supplement, sections 28A.085, 
  1.40            subdivision 4; 35.0661, subdivision 2; 403.11, 
  1.41            subdivision 1; 473.901, subdivision 1; 609.495, by 
  1.42            adding a subdivision; proposing coding for new law in 
  1.43            Minnesota Statutes, chapters 18D; 174; 299A; 609; 
  1.44            repealing Minnesota Statutes 2001 Supplement, section 
  1.45            35.0661, subdivision 4. 
  2.1   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.2                              ARTICLE 1
  2.3                            APPROPRIATIONS
  2.4      Section 1.  [APPROPRIATIONS.] 
  2.5      The sums in the columns marked "APPROPRIATIONS" are 
  2.6   appropriated from the general fund, or any other fund named, to 
  2.7   the agencies and for the purposes specified in the following 
  2.8   sections of this article, to be available for the fiscal years 
  2.9   indicated for each purpose.  The figures "2002" and "2003" where 
  2.10  used in this article, mean that the appropriation or 
  2.11  appropriations listed under them are available for the fiscal 
  2.12  year ending June 30, 2002, or June 30, 2003, respectively.  The 
  2.13  term "first year" means the year ending June 30, 2002, and the 
  2.14  term "second year" means the year ending June 30, 2003. 
  2.15                          SUMMARY BY FUND
  2.16                            2002          2003           TOTAL
  2.17  General                   -0-     $    4,000,000 $    4,000,000
  2.18  Special Revenue    $    1,781,000 S   14,228,000 $   16,009,000
  2.19  TOTAL              $    1,781,000 $   18,228,000 $   20,009,000
  2.20                                             APPROPRIATIONS 
  2.21                                         Available for the Year 
  2.22                                             Ending June 30 
  2.23                                            2002         2003 
  2.24  Sec. 2.  PUBLIC SAFETY 
  2.25  Subdivision 1.  Total       
  2.26  Appropriation                           -0-           4,000,000
  2.27  The amounts that may be spent from this 
  2.28  appropriation for each program are 
  2.29  specified in the following subdivisions.
  2.30  Subd. 2.  Emergency Management
  2.31         -0-            500,000
  2.32  [HAZARDOUS MATERIAL EMERGENCY RESPONSE 
  2.33  TEAMS.] $240,000 is for the conversion 
  2.34  of the Rochester, Moorhead, and Duluth 
  2.35  chemical assessment teams to hazardous 
  2.36  material emergency response teams and 
  2.37  for equipment purchases to upgrade the 
  2.38  capability of these teams. 
  2.39  [STATEWIDE ASSESSMENT OF EMERGENCY 
  2.40  COMMUNICATION NEEDS.] $260,000 is for a 
  2.41  statewide assessment of emergency 
  2.42  communication capabilities and an 
  2.43  implementation plan for addressing 
  2.44  those needs.  This is a onetime 
  2.45  appropriation. 
  3.1   Subd. 3.  Law Enforcement and Community
  3.2   Grants
  3.3          -0-          3,500,000
  3.4   [EMERGENCY PREPAREDNESS TRAINING 
  3.5   GRANTS.] $2,500,000 is for grants 
  3.6   described in new Minnesota Statutes, 
  3.7   section 299A.77, subdivision 1.  This 
  3.8   appropriation is available until 
  3.9   expended. 
  3.10  [EMERGENCY PREPAREDNESS EQUIPMENT 
  3.11  GRANTS.] $1,000,000 is for grants 
  3.12  described in new Minnesota Statutes, 
  3.13  section 299A.77, subdivision 2.  This 
  3.14  is a onetime appropriation and is 
  3.15  available until expended. 
  3.16  Sec. 3.  ADMINISTRATION                1,781,000     14,288,000
  3.17  This appropriation is from the 911 
  3.18  emergency telephone service account in 
  3.19  the special revenue fund to provide for 
  3.20  911 emergency telephone service and the 
  3.21  public safety radio communication 
  3.22  system.  These appropriations are added 
  3.23  to the appropriations in Laws 2001, 
  3.24  First Special Session chapter 10, 
  3.25  article 1, section 12, subdivision 4.  
  3.26  Of the appropriation for the second 
  3.27  year, $6,366,000 must be paid to the 
  3.28  metropolitan radio board. 
  3.29     Sec. 4.  [174.71] [STATEWIDE PUBLIC SAFETY RADIO 
  3.30  COMMUNICATION SYSTEM.] 
  3.31     As appropriations for this purpose permit, the commissioner 
  3.32  of transportation shall extend the regionwide public safety 
  3.33  radio communication system created under sections 473.891 to 
  3.34  473.905 to serve greater Minnesota.  The first regions to be 
  3.35  served outside the metropolitan area must be the southeast 
  3.36  district of the state patrol and the counties of Stearns, 
  3.37  Sherburne, Benton, and Wright in the central district of the 
  3.38  state patrol.  Extending the system to serve these regions is 
  3.39  called the "third phase" of the public safety radio 
  3.40  communication system. 
  3.41     Sec. 5.  [174.72] [OPERATING COSTS.] 
  3.42     Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
  3.43  current costs of the commissioner in implementing phase three of 
  3.44  the public safety radio communication system must be allocated 
  3.45  among and paid by the following users: 
  3.46     (1) the state of Minnesota for its operations using the 
  3.47  system; 
  4.1      (2) all local government units using the system; and 
  4.2      (3) other eligible users of the system. 
  4.3      Subd. 2.  [PAYMENTS TO COMMISSIONER; AMOUNTS DUE 
  4.4   COMMISSIONER WHEN PAYABLE.] Charges payable to the commissioner 
  4.5   by users of the system may be made payable at those times during 
  4.6   each year as the commissioner determines, but those dates shall 
  4.7   be fixed with reference to the dates on which tax, assessment, 
  4.8   and revenue collections become available to the government units 
  4.9   required to pay the charges.  
  4.10     Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO 
  4.11  COMMISSIONER.] Each local government and other eligible users of 
  4.12  the third phase system shall pay to the commissioner all sums 
  4.13  charged to it under this section, at the times and in the manner 
  4.14  determined by the commissioner.  The governing body of each 
  4.15  local government shall take all action that may be necessary to 
  4.16  provide the money required for these payments and to make them 
  4.17  when due.  
  4.18     Subd. 4.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
  4.19  duty imposed on it by the commissioner, the governing body of 
  4.20  every local government using the third phase system may exercise 
  4.21  the powers granted any municipality by chapters 117, 412, 429, 
  4.22  475, and by sections 115.46, 444.075, and 471.59. 
  4.23     Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
  4.24  any local government using the third phase system fails to meet 
  4.25  any payment to the commissioner under subdivision 1 when due, 
  4.26  the commissioner may certify to the auditor of the county in 
  4.27  which the government unit is located the amount required for 
  4.28  payment of the amount due with interest at six percent per 
  4.29  year.  The auditor shall levy and extend the amount due, with 
  4.30  interest, as a tax upon all taxable property in the government 
  4.31  unit for the next calendar year, free from any existing 
  4.32  limitations imposed by law or charter.  This tax must be 
  4.33  collected in the same manner as the general taxes of the 
  4.34  government unit, and the proceeds of the tax, when collected, 
  4.35  must be paid by the county treasurer to the commissioner and 
  4.36  credited to the government unit for which the tax was levied. 
  5.1      Sec. 6.  [299A.77] [EMERGENCY PREPAREDNESS TRAINING AND 
  5.2   EQUIPMENT GRANTS.] 
  5.3      Subdivision 1.  [TRAINING GRANTS.] The commissioner of 
  5.4   public safety may award grants to state agencies and local and 
  5.5   tribal units of government for costs, including reimbursement of 
  5.6   costs, related to emergency preparedness training for law 
  5.7   enforcement, fire, ambulance, and medical personnel and 
  5.8   agencies.  Training exercises eligible for grants include, but 
  5.9   are not limited to, fire, police and emergency medical first 
  5.10  responder training, structural collapse training, urban search 
  5.11  and rescue training, and specialized natural, biological, and 
  5.12  chemical incident training.  Training grantees shall include 
  5.13  local and tribal public health officials or their designees in 
  5.14  training activities as they relate to public health emergency 
  5.15  preparedness. 
  5.16     Subd. 2.  [EQUIPMENT GRANTS.] The commissioner may award 
  5.17  grants to state agencies and local and tribal units of 
  5.18  government for costs, including reimbursement of costs, related 
  5.19  to purchase of emergency preparedness equipment for law 
  5.20  enforcement, fire, ambulance, and medical personnel and 
  5.21  agencies.  Equipment eligible for grants includes, but is not 
  5.22  limited to, personal protection equipment, equipment to detect 
  5.23  and monitor chemical or biological agents, decontamination 
  5.24  equipment, and burn towers for public safety training. 
  5.25     Subd. 3.  [LOCAL MATCH.] Eligible local units of government 
  5.26  must provide a 25 percent match for grants received. 
  5.27     Subd. 4.  [GRANT APPLICATION.] State agencies and local and 
  5.28  tribal units of government shall submit an application to the 
  5.29  commissioner in the form and manner the commissioner establishes.
  5.30     Subd. 5.  [AWARDING GRANTS.] (a) Before a grant is awarded, 
  5.31  a committee consisting of representatives from the Minnesota 
  5.32  chiefs of police association, Minnesota fire chief's 
  5.33  association, Minnesota sheriff's association, the Minnesota 
  5.34  police and peace officer's association, the Minnesota 
  5.35  professional firefighter's association, the Minnesota ambulance 
  5.36  association, the Minnesota hospital and health care partnership, 
  6.1   the Minnesota emergency medical services regulatory board, the 
  6.2   Minnesota nurses association, the local public health 
  6.3   association of Minnesota, the Indian affairs council, and the 
  6.4   emergency management division of the department of public safety 
  6.5   shall evaluate the grant application.  The commissioner shall 
  6.6   meet and consult with the committee concerning its evaluation of 
  6.7   and recommendations on the grant application before awarding the 
  6.8   grant. 
  6.9      (b) A committee member may not participate in the 
  6.10  evaluation of a grant application or make a recommendation on an 
  6.11  application if the member is employed by or has a direct or 
  6.12  indirect financial interest in the entity making the application.
  6.13     Sec. 7.  Minnesota Statutes 2001 Supplement, section 
  6.14  403.11, subdivision 1, is amended to read: 
  6.15     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
  6.16  customer of a telephone company or communications carrier that 
  6.17  provides service capable of originating a 911 emergency 
  6.18  telephone call is assessed a fee to cover the costs of ongoing 
  6.19  maintenance and related improvements for trunking and central 
  6.20  office switching equipment for minimum 911 emergency telephone 
  6.21  service, plus administrative and staffing costs of the 
  6.22  department of administration related to managing the 911 
  6.23  emergency telephone service program.  Recurring charges by a 
  6.24  public utility providing telephone service for updating the 
  6.25  information required by section 403.07, subdivision 3, must be 
  6.26  paid by the commissioner of administration if the utility is 
  6.27  included in an approved 911 plan and the charges have been 
  6.28  certified and approved under subdivision 3.  The commissioner of 
  6.29  administration shall transfer an amount equal to two cents a 
  6.30  month from the fee assessed under this section on cellular and 
  6.31  other nonwire access services to the commissioner of public 
  6.32  safety for the purpose of offsetting the costs, including 
  6.33  administrative and staffing costs, incurred by the state patrol 
  6.34  division of the department of public safety in handling 911 
  6.35  emergency calls made from cellular phones.  Money remaining in 
  6.36  the 911 emergency telephone service account after all other 
  7.1   obligations are paid must not cancel and is carried forward to 
  7.2   subsequent years and may be appropriated from time to time to 
  7.3   the commissioner of administration to provide financial 
  7.4   assistance to counties for the improvement of local emergency 
  7.5   telephone services.  The improvements may include providing 
  7.6   access to minimum 911 service for telephone service subscribers 
  7.7   currently without access and upgrading existing 911 service to 
  7.8   include automatic number identification, local location 
  7.9   identification, automatic location identification, and other 
  7.10  improvements specified in revised county 911 plans approved by 
  7.11  the department. 
  7.12     (b) The fee ~~is 27~~ may not be less than eight cents nor more 
  7.13  than 52 cents a month for each customer access line or other 
  7.14  basic access service, including trunk equivalents as designated 
  7.15  by the public utilities commission for access charge purposes 
  7.16  and including cellular and other nonwire access services.  With 
  7.17  the approval of the commissioner of finance, the commissioner of 
  7.18  administration shall establish the amount of the fee within the 
  7.19  limits specified and inform the companies and carriers of the 
  7.20  amount to be collected.  The commissioner shall provide 
  7.21  companies and carriers a minimum of 45 days' notice of each fee 
  7.22  change.  The fee must be the same for all customers.  
  7.23     (c) The commissioner of administration shall transfer to 
  7.24  the commissioner of public safety from the fee assessed under 
  7.25  this section an amount equal to two cents a month for the 
  7.26  development and implementation of a communication system 
  7.27  connecting firefighters with emergency medical services 
  7.28  providers. 
  7.29     The commissioner of administration shall transfer to the 
  7.30  director of the Minnesota emergency medical services regulatory 
  7.31  board from the fee assessed under this section an amount equal 
  7.32  to one cent a month for grants for medical resource 
  7.33  communication efforts. 
  7.34     The commissioner of administration shall use from the fee 
  7.35  assessed under this section an amount equal to 17 cents a month 
  7.36  in fiscal years 2003 and 2004 and 20 cents thereafter for public 
  8.1   safety answering points. 
  8.2      (d) The fee must be collected by each company or carrier 
  8.3   providing service subject to the fee.  Fees are payable to and 
  8.4   must be submitted to the commissioner of administration monthly 
  8.5   before the 25th of each month following the month of collection, 
  8.6   except that fees may be submitted quarterly if less than $250 a 
  8.7   month is due, or annually if less than $25 a month is due.  
  8.8   Receipts must be deposited in the state treasury and credited to 
  8.9   a 911 emergency telephone service account in the special revenue 
  8.10  fund.  The money in the account may only be used for 911 
  8.11  telephone services as provided in ~~paragraph~~ paragraphs (a) and 
  8.12  (c).  
  8.13     ~~(d)~~ (e) This subdivision does not apply to customers of a 
  8.14  telecommunications carrier as defined in section 237.01, 
  8.15  subdivision 6. 
  8.16     Sec. 8.  Minnesota Statutes 2000, section 473.891, is 
  8.17  amended by adding a subdivision to read: 
  8.18     Subd. 10.  [SECOND PHASE.] "Second phase" means the 
  8.19  metropolitan radio board building subsystems for local 
  8.20  government units in the metropolitan area that did not build 
  8.21  their own subsystems in the first phase. 
  8.22     Sec. 9.  Minnesota Statutes 2000, section 473.891, is 
  8.23  amended by adding a subdivision to read: 
  8.24     Subd. 11.  [THIRD PHASE.] "Third phase" means an extension 
  8.25  of the backbone system to serve all of the southeast district of 
  8.26  the state patrol and to serve the counties of Stearns, 
  8.27  Sherburne, Benton, and Wright in the central district of the 
  8.28  state patrol. 
  8.29     Sec. 10.  Minnesota Statutes 2000, section 473.898, 
  8.30  subdivision 1, is amended to read: 
  8.31     Subdivision 1.  [AUTHORIZATION.] The council, if requested 
  8.32  by a vote of at least two-thirds of all of the members of the 
  8.33  metropolitan radio board may, by resolution, authorize the 
  8.34  issuance of its revenue bonds for any of the following purposes 
  8.35  to: 
  8.36     (1) provide funds for regionwide mutual aid and emergency 
  9.1   medical services communications; 
  9.2      (2) provide funds for the elements of the first phase of 
  9.3   the regionwide public safety radio communications system that 
  9.4   the board determines are of regionwide benefit and support 
  9.5   mutual aid and emergency medical services communication 
  9.6   including, but not limited to, costs of master controllers of 
  9.7   the backbone; ~~or~~ 
  9.8      (3) provide money for the second phase of the public safety 
  9.9   radio communication system; 
  9.10     (4) provide money for the elements of the third phase of 
  9.11  the public safety radio communication system that the 
  9.12  commissioner of transportation determines are of regionwide 
  9.13  benefit in the regions served by the third phase and that 
  9.14  support mutual aid and emergency medical services communication, 
  9.15  including, but not limited to, costs of master controllers of 
  9.16  the backbone; or 
  9.17     (5) to the extent money is available after meeting the 
  9.18  needs described in clauses (1) to (4), to provide money to 
  9.19  reimburse local units of government for amounts expended for 
  9.20  capital improvements to the first phase system previously paid 
  9.21  for by the local government units; or 
  9.22     (6) refund bonds issued under this section. 
  9.23     Sec. 11.  Minnesota Statutes 2000, section 473.898, 
  9.24  subdivision 3, is amended to read: 
  9.25     Subd. 3.  [LIMITATIONS.] (a) The principal amount of the 
  9.26  bonds issued pursuant to subdivision 1, exclusive of any 
  9.27  original issue discount, shall not exceed the amount of 
  9.28  $10,000,000 plus the amount the council determines necessary to 
  9.29  pay the costs of issuance, fund reserves, debt service, and pay 
  9.30  for any bond insurance or other credit enhancement. 
  9.31     (b) In addition to the amount authorized under paragraph 
  9.32  (a), the council may issue bonds under subdivision 1 in a 
  9.33  principal amount of $3,306,300, plus the amount the council 
  9.34  determines necessary to pay the cost of issuance, fund reserves, 
  9.35  debt service, and any bond insurance or other credit 
  9.36  enhancement.  The proceeds of bonds issued under this paragraph 
 10.1   may not be used to finance portable or subscriber radio sets. 
 10.2      (c) In addition to the amounts authorized under paragraphs 
 10.3   (a) and (b), the council may issue bonds under subdivision 1 in 
 10.4   a principal amount not to exceed $60,000,000, plus the amount 
 10.5   the council determines necessary to pay the costs of issuance, 
 10.6   fund reserves for debt service, and pay the costs of any bond 
 10.7   insurance or other credit enhancement.  $26,000,000 of the bond 
 10.8   proceeds are appropriated to the commissioner of transportation 
 10.9   for phase three of the public safety radio communications 
 10.10  system.  In anticipation of the receipt by the commissioner of 
 10.11  transportation of the bond proceeds, the metropolitan radio 
 10.12  board may advance money from its operating appropriation to the 
 10.13  commissioner of transportation to pay for design and preliminary 
 10.14  engineering for phase three.  The commissioner of transportation 
 10.15  must return these amounts to the metropolitan radio board when 
 10.16  the bond proceeds are received. 
 10.17     Sec. 12.  Minnesota Statutes 2001 Supplement, section 
 10.18  473.901, subdivision 1, is amended to read: 
 10.19     Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
 10.20  year beginning with the fiscal year commencing July 1, 1997, the 
 10.21  amount necessary to pay the following costs is appropriated to 
 10.22  the commissioner of administration from the 911 emergency 
 10.23  telephone service account established under section 403.11: 
 10.24     (1) debt service costs and reserves for bonds issued 
 10.25  pursuant to section 473.898; 
 10.26     (2) repayment of the right-of-way acquisition loans; 
 10.27     (3) costs of design, construction, maintenance of, and 
 10.28  improvements to those elements of the first ~~phase~~ and second 
 10.29  phases that support mutual aid communications and emergency 
 10.30  medical services; or 
 10.31     (4) recurring charges for leased sites and equipment for 
 10.32  those elements of the first ~~phase~~ and second phases that support 
 10.33  mutual aid and emergency medical communication services. 
 10.34     This appropriation shall be used to pay annual debt service 
 10.35  costs and reserves for bonds issued pursuant to section 473.898 
 10.36  prior to use of fee money to pay other costs eligible under this 
 11.1   subdivision.  In no event shall the appropriation for each 
 11.2   fiscal year exceed an amount equal to ~~four~~ 13 cents a month for 
 11.3   each customer access line or other basic access service, 
 11.4   including trunk equivalents as designated by the public 
 11.5   utilities commission for access charge purposes and including 
 11.6   cellular and other nonwire access services, in the fiscal year. 
 11.7      Sec. 13.  Minnesota Statutes 2000, section 473.902, 
 11.8   subdivision 1, is amended to read: 
 11.9      Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
 11.10  current costs of the board in implementing the regionwide public 
 11.11  safety radio communication plan system and the first ~~phase~~ 
 11.12  ~~system~~ and second phase systems shall be allocated among and 
 11.13  paid by the following users, all in accordance with the 
 11.14  regionwide public safety radio system communication plan adopted 
 11.15  by the board: 
 11.16     (1) the state of Minnesota for its operations using the 
 11.17  system in the metropolitan counties; 
 11.18     (2) all local government units using the system; and 
 11.19     (3) other eligible users of the system. 
 11.20     Sec. 14.  Minnesota Statutes 2000, section 473.902, 
 11.21  subdivision 3, is amended to read: 
 11.22     Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO BOARD.] 
 11.23  Each local government and other eligible users of the first or 
 11.24  second phase system shall pay to the board all sums charged to 
 11.25  it under this section, at the times and in the manner determined 
 11.26  by the board.  The governing body of each local government shall 
 11.27  take all action that may be necessary to provide the funds 
 11.28  required for these payments and to make them when due.  
 11.29     Sec. 15.  Minnesota Statutes 2000, section 473.902, 
 11.30  subdivision 5, is amended to read: 
 11.31     Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
 11.32  any local government using the first or second phase system 
 11.33  fails to meet any payment to the board under subdivision 1 when 
 11.34  due, the metropolitan council may certify to the auditor of the 
 11.35  county in which the government unit is located the amount 
 11.36  required for payment of the amount due with interest at six 
 12.1   percent per year.  The auditor shall levy and extend the amount 
 12.2   due, with interest, as a tax upon all taxable property in the 
 12.3   government unit for the next calendar year, free from any 
 12.4   existing limitations imposed by law or charter.  This tax shall 
 12.5   be collected in the same manner as the general taxes of the 
 12.6   government unit, and the proceeds of the tax, when collected, 
 12.7   shall be paid by the county treasurer to the board and credited 
 12.8   to the government unit for which the tax was levied. 
 12.9                              ARTICLE 2
 12.10                        PUBLIC SAFETY POLICY
 12.11     Section 1.  Minnesota Statutes 2000, section 12.03, 
 12.12  subdivision 4, is amended to read: 
 12.13     Subd. 4.  [EMERGENCY MANAGEMENT.] "Emergency management" 
 12.14  means the preparation for and the carrying out of emergency 
 12.15  functions, other than functions for which military forces are 
 12.16  primarily responsible, to prevent, minimize and repair injury 
 12.17  and damage resulting from disasters, from acute shortages of 
 12.18  energy, or from incidents occurring at nuclear power plants that 
 12.19  pose radiological or other health hazards.  These functions 
 12.20  include, without limitation, firefighting services, police 
 12.21  services, medical and health services, rescue, engineering, 
 12.22  warning services, communications, radiological, chemical and 
 12.23  other special weapons defense, evacuation of persons from 
 12.24  stricken areas, emergency human services, emergency 
 12.25  transportation, existing or properly assigned functions of plant 
 12.26  protection, temporary restoration of public utility services, 
 12.27  implementation of energy supply emergency conservation and 
 12.28  allocation measures, emergency waste and debris management and 
 12.29  disposal, and other functions related to civilian protection, 
 12.30  together with all other activities necessary or incidental to 
 12.31  preparing for and carrying out these functions. 
 12.32     Sec. 2.  Minnesota Statutes 2000, section 12.21, 
 12.33  subdivision 1, is amended to read: 
 12.34     Subdivision 1.  [GENERAL AUTHORITY.] The governor (1) has 
 12.35  general direction and control of emergency management, (2) may 
 12.36  carry out the provisions of this chapter, and (3) during a 
 13.1   national security emergency or peacetime emergency declared as 
 13.2   existing under section 12.31, during the existence of an energy 
 13.3   supply emergency as declared under section 216C.15, or during 
 13.4   the existence of an emergency resulting from an incident at a 
 13.5   nuclear power plant that poses a radiological or other health 
 13.6   hazard, may assume direct operational control over all or any 
 13.7   part of the emergency management functions within this state.  
 13.8      Sec. 3.  Minnesota Statutes 2000, section 12.21, 
 13.9   subdivision 3, is amended to read: 
 13.10     Subd. 3.  [SPECIFIC AUTHORITY.] (a) In performing duties 
 13.11  under this chapter and to effect its policy and purpose, the 
 13.12  governor may: 
 13.13     (1) make, amend, and rescind the necessary orders and rules 
 13.14  to carry out the provisions of this chapter and section 216C.15 
 13.15  within the limits of the authority conferred by this section, 
 13.16  with due consideration of the plans of the federal government 
 13.17  and without complying with sections 14.001 to 14.69, but no 
 13.18  order or rule has the effect of law except as provided by 
 13.19  section 12.32; 
 13.20     (2) ensure that a comprehensive emergency operations plan 
 13.21  and emergency management program for this state are developed 
 13.22  and maintained, and are integrated into and coordinated with the 
 13.23  emergency plans of the federal government and of other states to 
 13.24  the fullest possible extent; 
 13.25     (3) in accordance with the emergency operations plan and 
 13.26  the emergency management program of this state, procure supplies 
 13.27  and equipment, institute training programs and public 
 13.28  information programs, and take all other preparatory steps, 
 13.29  including the partial or full activation of emergency management 
 13.30  organizations in advance of actual disaster to ensure the 
 13.31  furnishing of adequately trained and equipped forces of 
 13.32  emergency management personnel in time of need; 
 13.33     (4) make studies and surveys of the industries, resources, 
 13.34  and facilities in this state as may be necessary to ascertain 
 13.35  the capabilities of the state for emergency management and to 
 13.36  plan for the most efficient emergency use of those industries, 
 14.1   resources, and facilities; 
 14.2      (5) on behalf of this state, enter into mutual aid 
 14.3   arrangements or cooperative agreements with other states and 
 14.4   with Canadian provinces, and coordinate mutual aid plans between 
 14.5   political subdivisions of this state; 
 14.6      (6) delegate administrative authority vested in the 
 14.7   governor under this chapter, except the power to make rules, and 
 14.8   provide for the subdelegation of that authority; 
 14.9      (7) cooperate with the president and the heads of the armed 
 14.10  forces, the emergency management agency of the United States and 
 14.11  other appropriate federal officers and agencies, and with the 
 14.12  officers and agencies of other states in matters pertaining to 
 14.13  the emergency management of the state and nation, including the 
 14.14  direction or control of: 
 14.15     (i) emergency preparedness drills and exercises; 
 14.16     (ii) warnings and signals for drills or actual emergencies 
 14.17  and the mechanical devices to be used in connection with them; 
 14.18     (iii) shutting off water mains, gas mains, electric power 
 14.19  connections and the suspension of all other utility services; 
 14.20     (iv) the conduct of persons in the state and the movement 
 14.21  and cessation of movement of pedestrians and vehicular traffic 
 14.22  during, prior, and subsequent to drills or actual emergencies; 
 14.23     (v) public meetings or gatherings; and 
 14.24     (vi) the evacuation, reception, and sheltering of persons; 
 14.25     (8) contribute to a political subdivision, within the 
 14.26  limits of the appropriation for that purpose, not more than 25 
 14.27  percent of the cost of acquiring organizational equipment that 
 14.28  meets standards established by the governor; 
 14.29     (9) formulate and execute, with the approval of the 
 14.30  executive council, plans and rules for the control of traffic in 
 14.31  order to provide for the rapid and safe movement over public 
 14.32  highways and streets of troops, vehicles of a military nature, 
 14.33  materials for national defense and war or for use in any war 
 14.34  industry, for the conservation of critical materials, or for 
 14.35  emergency management purposes, and coordinate the activities of 
 14.36  the departments or agencies of the state and its political 
 15.1   subdivisions concerned directly or indirectly with public 
 15.2   highways and streets, in a manner that will best effectuate 
 15.3   those plans; 
 15.4      (10) alter or adjust by executive order, without complying 
 15.5   with sections 14.01 to 14.69, the working hours, work days and 
 15.6   work week of, and annual and sick leave provisions and payroll 
 15.7   laws regarding all state employees in the executive branch as 
 15.8   the governor deems necessary to minimize the impact of the 
 15.9   disaster or emergency, conforming the alterations or adjustments 
 15.10  to existing state laws, rules, and collective bargaining 
 15.11  agreements to the extent practicable; 
 15.12     (11) authorize the commissioner of children, families, and 
 15.13  learning to alter school schedules, curtail school activities, 
 15.14  or order schools closed without affecting state aid to schools, 
 15.15  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
 15.16  and including charter schools under section 124D.10, and 
 15.17  elementary schools enrolling prekindergarten pupils in district 
 15.18  programs~~.~~; and 
 15.19     (12) authorize the commissioner of the pollution control 
 15.20  agency to provide an exemption for the management and disposal 
 15.21  of debris and waste from specific requirements in statutes, 
 15.22  rules, permits, and agreements that are enforced by the 
 15.23  pollution control agency, including if needed, disposal of waste 
 15.24  at a temporary site until safe permanent disposal can be made.  
 15.25     (b) In implementing the authority in paragraph (a), clause 
 15.26  (12), the commissioner shall minimize the impact on human health 
 15.27  and the environment as much as practicable, given the need for 
 15.28  expedited management of the waste.  An exemption granted under 
 15.29  paragraph (a), clause (12), must be valid for the duration of 
 15.30  the declared emergency and for up to 90 days following the 
 15.31  governor's closure of the emergency.  If proper management or 
 15.32  disposal of waste materials and debris cannot be completed 
 15.33  within this 90-day period, the commissioner may extend the 
 15.34  exemption for additional 90-day periods as needed to achieve 
 15.35  proper management or disposal.  Notification of an exemption 
 15.36  granted under paragraph (a), clause (12), and each extension 
 16.1   must be made to the governor and to the chairs of the senate and 
 16.2   house of representatives committees with jurisdiction over 
 16.3   environmental policy. 
 16.4      Sec. 4.  Minnesota Statutes 2000, section 12.22, 
 16.5   subdivision 2, is amended to read: 
 16.6      Subd. 2.  [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 
 16.7   PERSONS.] Whenever a person offers to the state or to a 
 16.8   political subdivision of the state, services, equipment, 
 16.9   supplies, materials, real property, or funds by the way of gift, 
 16.10  grant, or loan, for purposes of civil emergency management, the 
 16.11  state, acting through the governor, or a political subdivision, 
 16.12  acting through its governing body, may accept the offer and then 
 16.13  may authorize an officer of the state or of the political 
 16.14  subdivision, as the case may be, to receive the services, 
 16.15  equipment, supplies, materials, real property, or funds on 
 16.16  behalf of the state or political subdivision, and subject to the 
 16.17  terms of the offer.  However, no money or other funds may be 
 16.18  accepted or received as a loan nor any indebtedness incurred 
 16.19  except as provided by law.  Real property so accepted must be 
 16.20  treated as, and subject to the same immunities during time of 
 16.21  national security or peacetime emergency as, real property owned 
 16.22  by the state. 
 16.23     Sec. 5.  Minnesota Statutes 2000, section 12.31, 
 16.24  subdivision 2, is amended to read: 
 16.25     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] The 
 16.26  governor may declare a peacetime emergency.  A peacetime 
 16.27  declaration of emergency may be declared only when an act of 
 16.28  nature, a technological failure or malfunction, a terrorist 
 16.29  incident, an industrial accident, a hazardous materials 
 16.30  accident, or a civil disturbance endangers life ~~and~~, property, 
 16.31  or the environment and local government resources are inadequate 
 16.32  to handle the situation.  It must not be continued for more than 
 16.33  five days unless extended by resolution of the executive council 
 16.34  up to 30 days.  An order, or proclamation declaring, continuing, 
 16.35  or terminating an emergency must be given prompt and general 
 16.36  publicity and filed with the secretary of state.  
 17.1      Sec. 6.  Minnesota Statutes 2000, section 12.32, is amended 
 17.2   to read: 
 17.3      12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
 17.4      Orders and rules promulgated by the governor under 
 17.5   authority of section 12.21, subdivision 3, clause (1), when 
 17.6   approved by the executive council and filed in the office of the 
 17.7   secretary of state, have, during a national security emergency, 
 17.8   peacetime emergency, or energy supply emergency, the full force 
 17.9   and effect of law.  Rules and ordinances of any agency or 
 17.10  political subdivision of the state inconsistent with the 
 17.11  provisions of this chapter or with any order or rule having the 
 17.12  force and effect of law issued under the authority of this 
 17.13  chapter, is suspended during the period of time and to the 
 17.14  extent that the emergency exists. 
 17.15     Sec. 7.  Minnesota Statutes 2000, section 12.34, 
 17.16  subdivision 1, is amended to read: 
 17.17     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
 17.18  life, property, or the environment during a national security 
 17.19  emergency or a peacetime emergency, the governor, the state 
 17.20  director, or a member of a class of members of a state or local 
 17.21  emergency management organization designated by the governor, 
 17.22  may: 
 17.23     (1) require any person, except members of the federal or 
 17.24  state military forces and officers of the state or a political 
 17.25  subdivision, to perform services for emergency management 
 17.26  purposes as directed by any of the persons described above~~, and~~; 
 17.27     (2) commandeer, during a national security emergency, any 
 17.28  motor vehicle, tools, appliances, or other personal property and 
 17.29  any facilities or other real property. 
 17.30     Sec. 8.  Minnesota Statutes 2000, section 12.36, is amended 
 17.31  to read: 
 17.32     12.36 [GOVERNOR MAY CONTRACT.] 
 17.33     (a) The governor, during an emergency or disaster and 
 17.34  notwithstanding any other law, may: 
 17.35     (1) enter into contracts and incur obligations necessary to 
 17.36  combat the disaster by protecting the health and safety of 
 18.1   persons and the safety of property and the environment and by 
 18.2   providing emergency assistance to the victims of the disaster; 
 18.3   and 
 18.4      (2) exercise the powers vested by this subdivision in the 
 18.5   light of the exigencies of the disaster without compliance with 
 18.6   time-consuming procedures and formalities prescribed by law 
 18.7   pertaining to: 
 18.8      (i) the performance of public work; 
 18.9      (ii) entering into contract; 
 18.10     (iii) incurring of obligations; 
 18.11     (iv) employment of temporary workers; 
 18.12     (v) rental of equipment; 
 18.13     (vi) purchase of supplies and materials, for example, but 
 18.14  not limited to, publication of calls for bids; 
 18.15     (vii) provisions of the Civil Service Act and rules; 
 18.16     (viii) provisions relating to low bids; and 
 18.17     (ix) requirements for the budgeting and allotment of funds. 
 18.18     (b) All contracts must be in writing, executed on behalf of 
 18.19  the state by the governor or a person delegated by the governor 
 18.20  in writing so to do, and must be promptly filed with the 
 18.21  commissioner of finance, who shall forthwith encumber funds 
 18.22  appropriated for the purposes of the contract for the full 
 18.23  contract liability and certify thereon that the encumbrance has 
 18.24  been made. 
 18.25     Sec. 9.  [18D.302] [FALSE STATEMENT OR RECORD.] 
 18.26     A person must not make or offer a false statement, record, 
 18.27  or other information as part of: 
 18.28     (1) an application for registration, license, 
 18.29  certification, permit, or land application of contaminated soil 
 18.30  or other media under this chapter or chapter 18B, 18C, or 18F or 
 18.31  rules adopted under one of those chapters; 
 18.32     (2) records or reports required under this chapter or 
 18.33  chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
 18.34  those chapters; or 
 18.35     (3) an investigation of a violation of this chapter or 
 18.36  chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
 19.1   those chapters. 
 19.2      Sec. 10.  Minnesota Statutes 2001 Supplement, section 
 19.3   28A.085, subdivision 4, is amended to read: 
 19.4      Subd. 4.  [FOOD HANDLER REINSPECTION ACCOUNT; 
 19.5   APPROPRIATION.] A food handler reinspection account is 
 19.6   established in the agricultural fund.  All reinspection fees, 
 19.7   court awarded costs under section 31.05, and assessments 
 19.8   collected must be deposited in the state treasury and are 
 19.9   credited to the food handler reinspection account.  Money in the 
 19.10  account, including interest accrued, is appropriated to the 
 19.11  commissioner to pay the expenses relating to reinspections 
 19.12  conducted under the chapters listed in subdivision 1. 
 19.13     Sec. 11.  Minnesota Statutes 2000, section 31.05, 
 19.14  subdivision 1, is amended to read: 
 19.15     Subdivision 1.  A duly authorized agent of the commissioner 
 19.16  who finds or has probable cause to believe that any food or 
 19.17  consumer commodity is adulterated or so misbranded as to be 
 19.18  dangerous or fraudulent, or is in violation of section 31.131 
 19.19  shall affix to such article a tag or other appropriate marking 
 19.20  giving notice that such article is, or is suspected of being, 
 19.21  adulterated or misbranded and has been detained or embargoed, 
 19.22  and warning all persons not to remove or dispose of such article 
 19.23  by sale or otherwise until permission for removal or disposal is 
 19.24  given by such agent or the court.  It shall be unlawful for any 
 19.25  person to remove or dispose of such detained or embargoed 
 19.26  article by sale or otherwise without such permission. 
 19.27     In the event of an emergency declared by the governor under 
 19.28  section 12.31, an embargo may be placed on a geographical area 
 19.29  of the state limiting food or consumer commodity movement into 
 19.30  or out of the embargoed area. 
 19.31     Sec. 12.  Minnesota Statutes 2000, section 31.05, is 
 19.32  amended by adding a subdivision to read: 
 19.33     Subd. 5.  [PAYMENT OF COSTS.] If a person is convicted of 
 19.34  adulteration under section 609.687, terroristic threats under 
 19.35  section 609.713, use of biological agents, toxic chemicals, 
 19.36  toxins, or radioactive materials under section 609.712, or a 
 20.1   misdemeanor under section 31.032, the person is responsible for, 
 20.2   and the district court shall award to the commissioner, all 
 20.3   costs incurred for laboratory testing, inspection, 
 20.4   investigation, and disposal of the food or consumer commodity. 
 20.5      Sec. 13.  Minnesota Statutes 2001 Supplement, section 
 20.6   35.0661, subdivision 2, is amended to read: 
 20.7      Subd. 2.  [QUARANTINE ZONES.] Upon an emergency declaration 
 20.8   by the governor under subdivision 1, the board or any licensed 
 20.9   veterinarian designated by the board may establish quarantine 
 20.10  zones of control in any area where a specific animal is deemed 
 20.11  by a licensed veterinarian as likely to be infected with the 
 20.12  disease based on an actual veterinary examination or laboratory 
 20.13  testing.  Quarantine zones of control must be the smallest size 
 20.14  practicable to prevent the spread of disease and must exist for 
 20.15  the shortest duration consistent with effective disease 
 20.16  control.  A quarantine zone of control ~~must not extend beyond a~~ 
 20.17  ~~radius of three miles from an animal deemed as likely to be~~ 
 20.18  ~~infected with the disease, unless the board has adopted a rule~~ 
 20.19  ~~regarding a specific disease requiring a larger quarantine zone~~ 
 20.20  ~~of control.~~ for humans, machinery, and personal property, 
 20.21  excluding livestock products, must be limited to infected 
 20.22  premises.  The size of the quarantine zone of control for 
 20.23  livestock and livestock products must depend on weather 
 20.24  conditions, type of farms, time of year, species affected, and 
 20.25  geography of area affected. 
 20.26     Sec. 14.  Minnesota Statutes 2000, section 299F.72, 
 20.27  subdivision 1, is amended to read: 
 20.28     Subdivision 1.  [SCOPE.] For the purposes of sections 
 20.29  299F.72 to 299F.831; 609.48, subdivision 4; 609.52, subdivision 
 20.30  3; 609.561; 609.562; and 609.563~~; and 609.713~~, the terms defined 
 20.31  in this section have the meanings given them. 
 20.32     Sec. 15.  Minnesota Statutes 2000, section 609.106, 
 20.33  subdivision 2, is amended to read: 
 20.34     Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
 20.35  a person to life imprisonment without possibility of release 
 20.36  under the following circumstances: 
 21.1      (1) the person is convicted of first degree murder under 
 21.2   section 609.185, clause (2) ~~or~~, (4), or (7); 
 21.3      (2) the person is convicted of committing first degree 
 21.4   murder in the course of a kidnapping under section 609.185, 
 21.5   clause (3); or 
 21.6      (3) the person is convicted of first degree murder under 
 21.7   section 609.185, clause (1), (3), (5), or (6), and the court 
 21.8   determines on the record at the time of sentencing that the 
 21.9   person has one or more previous convictions for a heinous crime. 
 21.10     Sec. 16.  Minnesota Statutes 2000, section 609.185, is 
 21.11  amended to read: 
 21.12     609.185 [MURDER IN THE FIRST DEGREE.] 
 21.13     (a) Whoever does any of the following is guilty of murder 
 21.14  in the first degree and shall be sentenced to imprisonment for 
 21.15  life: 
 21.16     (1) causes the death of a human being with premeditation 
 21.17  and with intent to effect the death of the person or of another; 
 21.18     (2) causes the death of a human being while committing or 
 21.19  attempting to commit criminal sexual conduct in the first or 
 21.20  second degree with force or violence, either upon or affecting 
 21.21  the person or another; 
 21.22     (3) causes the death of a human being with intent to effect 
 21.23  the death of the person or another, while committing or 
 21.24  attempting to commit burglary, aggravated robbery, kidnapping, 
 21.25  arson in the first or second degree, a drive-by shooting, 
 21.26  tampering with a witness in the first degree, escape from 
 21.27  custody, or any felony violation of chapter 152 involving the 
 21.28  unlawful sale of a controlled substance; 
 21.29     (4) causes the death of a peace officer or a guard employed 
 21.30  at a Minnesota state or local correctional facility, with intent 
 21.31  to effect the death of that person or another, while the peace 
 21.32  officer or guard is engaged in the performance of official 
 21.33  duties; 
 21.34     (5) causes the death of a minor while committing child 
 21.35  abuse, when the perpetrator has engaged in a past pattern of 
 21.36  child abuse upon the child and the death occurs under 
 22.1   circumstances manifesting an extreme indifference to human life; 
 22.2   ~~or~~ 
 22.3      (6) causes the death of a human being while committing 
 22.4   domestic abuse, when the perpetrator has engaged in a past 
 22.5   pattern of domestic abuse upon the victim or upon another family 
 22.6   or household member and the death occurs under circumstances 
 22.7   manifesting an extreme indifference to human life; or 
 22.8      (7) causes the death of a human being while committing, 
 22.9   conspiring to commit, or attempting to commit an act of 
 22.10  terrorism. 
 22.11     (b) For purposes of paragraph (a), clause (5), "child abuse"
 22.12  means an act committed against a minor victim that constitutes a 
 22.13  violation of the following laws of this state or any similar 
 22.14  laws of the United States or any other state:  section 609.221; 
 22.15  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 22.16  609.345; 609.377; 609.378; or 609.713. 
 22.17     (c) For purposes of paragraph (a), clause (6), "domestic 
 22.18  abuse" means an act that: 
 22.19     (1) constitutes a violation of section 609.221, 609.222, 
 22.20  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 22.21  609.713, or any similar laws of the United States or any other 
 22.22  state; and 
 22.23     (2) is committed against the victim who is a family or 
 22.24  household member as defined in section 518B.01, subdivision 2, 
 22.25  paragraph (b). 
 22.26     (d) For purposes of paragraph (a), clause (7), "act of 
 22.27  terrorism" means an act that is intended to harm human life and 
 22.28  to: 
 22.29     (1) intimidate, injure, or coerce members of the public in 
 22.30  addition to the direct victims of the act; 
 22.31     (2) influence the policy of a government by intimidation or 
 22.32  coercion; or 
 22.33     (3) affect the conduct of government through destruction of 
 22.34  property, assassination, murder, kidnapping, or theft of motor 
 22.35  vehicles, aircraft, trains, water-going vessels, or other means 
 22.36  of transportation.  
 23.1      Sec. 17.  Minnesota Statutes 2001 Supplement, section 
 23.2   609.495, is amended by adding a subdivision to read: 
 23.3      Subd. 4.  [TAKING RESPONSIBILITY FOR CRIMINAL ACTS.] (a) 
 23.4   Unless the person is convicted of the underlying crime, a person 
 23.5   who promotes, advocates, and assumes responsibility for a 
 23.6   criminal act with the intent to instigate the unlawful conduct 
 23.7   of others or to obstruct, impede, or prevent a criminal 
 23.8   investigation is guilty of a gross misdemeanor. 
 23.9      (b) Nothing in this subdivision shall be construed to 
 23.10  impair the right of any individual or group to engage in speech 
 23.11  protected by the United States Constitution or the Minnesota 
 23.12  Constitution. 
 23.13     Sec. 18.  Minnesota Statutes 2000, section 609.505, is 
 23.14  amended to read: 
 23.15     609.505 [FALSELY REPORTING CRIME.] 
 23.16     (a) Whoever informs a law enforcement officer that a crime 
 23.17  has been committed, knowing that it is false and intending that 
 23.18  the officer shall act in reliance upon it, is guilty of a 
 23.19  misdemeanor.  A person who is convicted a second or subsequent 
 23.20  time under this section is guilty of a gross misdemeanor. 
 23.21     (b) Whoever informs a law enforcement officer that an act 
 23.22  of terrorism, as defined in section 609.185, paragraph (d), has 
 23.23  been committed, knowing that it is false and intending that the 
 23.24  officer shall act in reliance upon it, is guilty of a felony and 
 23.25  may be sentenced to imprisonment for not more than three years, 
 23.26  or to payment of a fine of not more than $5,000, or both. 
 23.27     Sec. 19.  Minnesota Statutes 2000, section 609.605, is 
 23.28  amended by adding a subdivision to read: 
 23.29     Subd. 5.  [TRESPASS ON PUBLIC UTILITY OR CRITICAL PUBLIC 
 23.30  SERVICE FACILITY.] (a) For purposes of this subdivision: 
 23.31     (1) "critical public service facility" includes railroad 
 23.32  facilities, bus stations, airports, and other mass transit 
 23.33  facilities; and oil refineries; and 
 23.34     (2) "public utility" means:  
 23.35     (i) an organization defined as a utility in section 
 23.36  216C.06, subdivision 5; or that is subject to the regulations of 
 24.1   the federal Nuclear Regulatory Agency or Department of Energy as 
 24.2   of February 1, 2002; 
 24.3      (ii) a telecommunications carrier or telephone company 
 24.4   regulated under chapter 237; or subject to the regulations of 
 24.5   the Federal Communications Commission as of February 1, 2002; or 
 24.6      (iii) a local utility or enterprise formed for the purpose 
 24.7   of providing electrical or gas heating and power, telephone, 
 24.8   water, sewage, wastewater, or other related utility service, 
 24.9   that is owned, controlled, or regulated by a town, a statutory 
 24.10  or home rule charter city, a county, a port development 
 24.11  authority, the metropolitan council, a district heating 
 24.12  authority, a regional commission or other regional government 
 24.13  unit, or a combination of these governmental units. 
 24.14     (b) Whoever trespasses upon the grounds of a public utility 
 24.15  or a critical public service facility without authorization, 
 24.16  claim of right, or consent of one who has the right to give 
 24.17  consent, is guilty of a gross misdemeanor if: 
 24.18     (1) the person refuses to depart from the grounds of the 
 24.19  public utility or critical public service facility on the demand 
 24.20  of one who has the right to give consent; or 
 24.21     (2) the public utility or critical public service facility 
 24.22  grounds are posted.  
 24.23     (c) For purposes of paragraph (b), public utility or 
 24.24  critical public service facility grounds are posted if there are 
 24.25  signs that: 
 24.26     (1) state "no trespassing" or similar terms; 
 24.27     (2) display letters at least two inches high; 
 24.28     (3) state that the property is grounds of a public utility 
 24.29  or critical public service facility; and 
 24.30     (4) are posted in a conspicuous place on the exterior of 
 24.31  any building located on the grounds and at intervals of 500 feet 
 24.32  or less along the boundary of the grounds.  
 24.33     Sec. 20.  [609.712] [BIOLOGICAL AGENTS, TOXIC CHEMICALS, 
 24.34  TOXINS, OR RADIOACTIVE MATERIALS.] 
 24.35     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 24.36  the following terms have the meanings given them in this 
 25.1   subdivision. 
 25.2      (b) "Biological agent" means any microorganism, virus, 
 25.3   infectious substance, or biological product that may be 
 25.4   engineered as a result of biotechnology, or any naturally 
 25.5   occurring or bioengineered component of a microorganism, virus, 
 25.6   infectious substance, or biological product, that is capable of 
 25.7   causing: 
 25.8      (1) death, disease, or other biological malfunction in a 
 25.9   human, an animal, a plant, or another living organism; 
 25.10     (2) deterioration of food, water, equipment, supplies, or 
 25.11  material of any kind; or 
 25.12     (3) deleterious alteration of the environment. 
 25.13     (c) "Toxic chemical" means any chemical that, through its 
 25.14  chemical action on life processes, can cause death, temporary 
 25.15  incapacitation, or permanent harm to humans or animals.  The 
 25.16  term includes all of these chemicals, regardless of their origin 
 25.17  or method of production, and regardless of whether they are 
 25.18  produced in facilities, in munitions, or elsewhere.  
 25.19     (d) "Toxin" means the toxic material of plants, animals, 
 25.20  microorganisms, viruses, fungi, or infectious substances, or a 
 25.21  recombinant molecule, whatever its origin or method of 
 25.22  production, including: 
 25.23     (1) any poisonous substance or biological product that may 
 25.24  be engineered as a result of biotechnology or produced by a 
 25.25  living organism; or 
 25.26     (2) any poisonous isomer or biological product, homolog, or 
 25.27  derivative of such a substance.  
 25.28     Subd. 2.  [USE OR POSSESSION.] Whoever acquires, transfers, 
 25.29  retains, possesses, uses, or employs a biological agent, toxic 
 25.30  chemical, toxin, or radioactive material with intent to cause 
 25.31  death, disease, or injury to another or to the property of 
 25.32  another may be sentenced to imprisonment for not more than 25 
 25.33  years or to payment of a fine of not more than $100,000, or 
 25.34  both.  Notwithstanding section 609.04, a prosecution for or 
 25.35  conviction of this section is not a bar to conviction of or 
 25.36  punishment for any other crime committed during the time of or 
 26.1   as a result of the use or possession of a biological agent, 
 26.2   toxic chemical, toxin, or radioactive material.  
 26.3      Sec. 21.  [609.7122] [SOLICITATION TO COMMIT TERRORISM.] 
 26.4      A person who aids another to commit a violation of section 
 26.5   609.712 or an act of terrorism as defined in section 609.185, 
 26.6   paragraph (d), through financial contributions, or collects 
 26.7   material support or resources, knowing that the material 
 26.8   support, resources, or contributions, will be used to commit the 
 26.9   violation or act, is guilty of committing solicitation to commit 
 26.10  terrorism and may be sentenced to imprisonment for not more than 
 26.11  ten years or to payment of a fine of not more than $20,000. 
 26.12     Sec. 22.  Minnesota Statutes 2000, section 609.713, 
 26.13  subdivision 1, is amended to read: 
 26.14     Subdivision 1.  Whoever threatens, directly or indirectly, 
 26.15  to commit any crime of violence with purpose to terrorize 
 26.16  another or to cause evacuation of a ~~building, place of assembly,~~ 
 26.17  ~~vehicle or facility of public transportation or otherwise to~~ 
 26.18  ~~cause serious public inconvenience~~ place, whether a building or 
 26.19  not, or disruption of another's activities, or in a reckless 
 26.20  disregard of the risk of causing such terror ~~or inconvenience~~, 
 26.21  evacuation, or disruption, may be sentenced to imprisonment for 
 26.22  not more than five years or to payment of a fine of not more 
 26.23  than $10,000, or both.  As used in this subdivision, "crime of 
 26.24  violence" has the meaning given "violent crime" in section 
 26.25  609.1095, subdivision 1, paragraph (d). 
 26.26     Sec. 23.  Minnesota Statutes 2000, section 609.713, 
 26.27  subdivision 2, is amended to read: 
 26.28     Subd. 2.  (a) Whoever communicates to another with purpose 
 26.29  to terrorize another or in reckless disregard of the risk of 
 26.30  causing such terror, that explosives or an explosive device or 
 26.31  any incendiary device is present at a named place or location, 
 26.32  whether or not the same is in fact present, may be sentenced to 
 26.33  imprisonment for not more than ~~three~~ ten years or to payment of 
 26.34  a fine of not more than ~~$3,000~~ $20,000, or both. 
 26.35     (b) As used in this subdivision, "explosive" has the 
 26.36  meaning given in section 299F.72, subdivision 2.  
 27.1      Sec. 24.  Minnesota Statutes 2000, section 609.713, is 
 27.2   amended by adding a subdivision to read: 
 27.3      Subd. 4.  [THREATS OF BIOLOGICAL AGENTS, TOXIC CHEMICALS, 
 27.4   TOXINS, OR RADIOACTIVE MATERIALS.] Whoever does the following 
 27.5   with intent to terrorize another or cause evacuation of a place, 
 27.6   whether a building or not, or disruption of another's 
 27.7   activities, or with reckless disregard of the risk of causing 
 27.8   this terror, evacuation, or disruption, may be sentenced to 
 27.9   imprisonment for not more than ten years or to payment of a fine 
 27.10  of not more than $20,000, or both:  
 27.11     (1) displays, releases, exhibits, threatens, or 
 27.12  communicates, whether directly or indirectly, that a biological 
 27.13  agent, toxic chemical, toxin, or radioactive material, as these 
 27.14  terms are defined in section 609.712, subdivision 1, is or will 
 27.15  be present or introduced at a place or location, or will be used 
 27.16  to cause death, disease, or injury to another or to another's 
 27.17  property, whether or not the same is in fact present, 
 27.18  introduced, or used; or 
 27.19     (2) commits conduct described in clause (1) with a 
 27.20  simulated substance that would cause a reasonable person to 
 27.21  believe that the substance was a biological agent, toxic 
 27.22  chemical, toxin, or radioactive material. 
 27.23     Sec. 25.  [REPEALER.] 
 27.24     Minnesota Statutes 2001 Supplement, section 35.0661, 
 27.25  subdivision 4, is repealed. 
 27.26     Sec. 26.  [EFFECTIVE DATE.] 
 27.27     Sections 1 to 13, and 25 are effective the day following 
 27.28  final enactment.  Sections 14 to 24 are effective August 1, 
 27.29  2002, and apply to crimes committed on or after that date.