1998 Minnesota Statutes

CHAPTER 299A. Department of public safety

     299A.01 Department of public safety; creation and 
  organization. 

    Subdivision 1.    Creation; commissioner and deputy 
 commissioner.  The department of public safety is created 
 under the supervision and control of the commissioner of public 
 safety, which office is established.  The commissioner of public 
 safety is appointed by the governor under the provisions of 
 section 15.06.  The commissioner may appoint a deputy 
 commissioner. 

    Subd. 1a.    Mission; efficiency.  It is part of the 
 department's mission that within the department's resources the 
 commissioner shall endeavor to: 

    (1) prevent the waste or unnecessary spending of public 
 money; 

    (2) use innovative fiscal and human resource practices to 
 manage the state's resources and operate the department as 
 efficiently as possible; 

    (3) coordinate the department's activities wherever 
 appropriate with the activities of other governmental agencies; 

    (4) use technology where appropriate to increase agency 
 productivity, improve customer service, increase public access 
 to information about government, and increase public 
 participation in the business of government; 

    (5) utilize constructive and cooperative labor-management 
 practices to the extent otherwise required by chapters 43A and 
 179A; 

    (6) report to the legislature on the performance of agency 
 operations and the accomplishment of agency goals in the 
 agency's biennial budget according to section 16A.10, 
 subdivision 1; and 

    (7) recommend to the legislature appropriate changes in law 
 necessary to carry out the mission and improve the performance 
 of the department. 

    Subd. 2.    Duties of commissioner.  The duties of the 
 commissioner shall include the following: 

    (a) the coordination, development and maintenance of 
 services contracts with existing state departments and agencies 
 assuring the efficient and economic use of advanced business 
 machinery including computers; 

    (b) the execution of contracts and agreements with existing 
 state departments for the maintenance and servicing of vehicles 
 and communications equipment, and the use of related buildings 
 and grounds; 

    (c) the development of integrated fiscal services for all 
 divisions, and the preparation of an integrated budget for the 
 department; 

    (d) the establishment of a planning bureau within the 
 department.  

    Subd. 3.    Delegation; classified employees.  (a) No 
 delegation or assignment of a power or duty by the commissioner 
 to an employee of the department shall be made in respect to, or 
 in a manner resulting in a reenactment of, the powers, duties or 
 responsibilities contained in section 299C.03, and acts 
 amendatory thereof, except to the division of the bureau of 
 criminal apprehension.  

    (b) Employees of the department of public safety are in the 
 classified civil service except where otherwise specifically 
 provided for by law. 

    Subd. 4.  Repealed, 1976 c 5 s 12 

    Subd. 5.    Review by commissioner of administration.  
 The commissioner of administration shall review on a regular 
 basis the duties and responsibilities of the various state 
 departments, agencies and boards which have an operational 
 effect upon the safety of the public, and recommend to the 
 governor and the legislature such organizational and statutory 
 policies as will best serve the purposes of Laws 1969, Chapter 
 1129. 

    Subd. 6. Repealed, 1997 c 239 art 8 s 36 

    HIST: 1969 c 1129 art 1 s 1; 1976 c 5 s 1; 1977 c 305 s 35,36; 
 1981 c 356 s 248; 1982 c 424 s 130; 1983 c 289 s 115 subd 1; 
 1985 c 248 s 70; 1Sp1985 c 10 s 87; 1987 c 312 art 1 s 26 subd 
 2; 1993 c 163 art 1 s 29; 1995 c 248 art 11 s 21; 1998 c 366 s 
 68 

     299A.02 Commissioners of public safety and revenue; 
  liquor control functions. 

    Subdivision 1.    Conflict of interest.  No employee of 
 the department of public safety or the department of revenue 
 having any responsibility for the administration or enforcement 
 of chapter 297C or 340A shall have a direct or indirect 
 interest, except through ownership or investment in pension or 
 mutual funds, in the manufacture, transportation or sale of 
 intoxicating liquor or any malt or vinous beverages, 
 intoxicating, nonintoxicating, or commercial or industrial 
 alcohol.  The commissioner of public safety or the commissioner 
 of revenue may remove an employee in the unclassified civil 
 service for any intentional violation of any provision of 
 chapter 297C or 340A.  Intentional violation of a provision of 
 chapter 297C or 340A by a classified employee of one of the 
 departments may be grounds for removal of that employee pursuant 
 to section 43A.33. 

    Subd. 2.    General powers.  The commissioner shall 
 administer and enforce the provisions of chapters 297C and 340A 
 through the director of alcohol and gambling enforcement, except 
 for those provisions thereof for which administration and 
 enforcement are reserved to the commissioner of revenue. 

    Subd. 3.    Reports; rules.  The commissioner shall have 
 power to require periodic factual reports from all licensed 
 importers, manufacturers, wholesalers and retailers of 
 intoxicating liquors and to make all reasonable rules to effect 
 the object of chapters 297C and 340A.  The rules shall include 
 provisions for assuring the purity of intoxicating liquors and 
 the true statement of its contents and proper labeling thereof 
 with regard to all forms of sale.  No rule may require the use 
 of new containers in aging whiskey.  No rule may require 
 cordials or liqueurs to contain in excess of 2-1/2 percent by 
 weight of sugar or dextrose or both. 

    Subd. 4.    Subpoena.  In all matters relating to 
 official duties, the commissioner shall have the powers 
 possessed by courts of law to issue subpoenas and cause them to 
 be served and enforced.  All public officials, and their 
 respective deputies and employees, and all individuals, 
 partnerships, firms, corporations, incorporated and 
 unincorporated associations, and others who manufacture, 
 transport, or sell intoxicating liquor, or are connected 
 therewith in any manner, shall at all times attend and answer 
 under oath the commissioner's lawful inquiries, produce and 
 exhibit such books, accounts, documents and property as the 
 commissioner may desire to inspect, and in all things aid the 
 commissioner in the performance of the commissioner's duties. 

    HIST: 1976 c 5 s 2; 1977 c 407 s 1; 1981 c 210 s 54; 1985 c 
 305 art 12 s 2; 1986 c 444; 1987 c 381 s 1; 1987 c 383 s 15; 
 1997 c 129 art 2 s 3-5 

  299A.03 Repealed, 1981 c 356 s 247 

  299A.04 Renumbered 116J.405 

     299A.11 Vehicle transporting wheelchair user; 
  definitions. 

    The following terms have the definitions given them for the 
 purposes of sections 299A.11 to 299A.18: 

    (a) "Wheelchair securement device" or "securement device" 
 means an apparatus installed in a transit vehicle or other motor 
 vehicle for the purpose of securing an occupied wheelchair into 
 a location in the vehicle and preventing movement of that 
 wheelchair while the vehicle is in motion. 

    (b) "Operator" means any person, firm, partnership, 
 corporation, service club, public or private agency, city, town 
 or county.  Section 299A.15 does not apply to any school bus as 
 defined in section 169.01, subdivision 6. 

    (c) "Transportation service" means the transportation by 
 motor vehicle, other than a school bus manufactured before 
 January 1, 1988, of any sick, injured, invalid, incapacitated, 
 or handicapped individual while occupying a wheelchair, which 
 transportation is offered or provided by any operator to the 
 public or to its employees or in connection with any other 
 service offered by the operator including schooling or nursing 
 home, convalescent or child care services. 

    (d) "Transit vehicle" means a bus that is not a school bus 
 as defined in section 169.01, subdivision 6, with a gross 
 vehicle weight rating greater than 15,000 pounds.  

    HIST: 1978 c 752 s 1; 1987 c 383 s 16; 1991 c 163 s 1 

     299A.12 Wheelchair securement device. 

    Subdivision 1.    General requirements.  Except as 
 provided in subdivision 4, any vehicle used by an operator to 
 provide transportation service shall be equipped with wheelchair 
 securement devices which are approved by the commissioner of 
 public safety as meeting the specifications of subdivisions 1 
 and 2.  A wheelchair securement device shall prevent any 
 forward, backward, or lateral movement of an occupied wheelchair 
 when the device is engaged and the vehicle is in motion, 
 accelerating or braking, and shall attach to the frame of the 
 wheelchair without damaging it.  Wheelchair securement devices 
 installed in any vehicle shall be maintained in working order. 

    Subd. 2.    Strength requirements.  The strength 
 requirements for securing the part of a wheelchair that is 
 forward in the vehicle shall be one-half of those required for 
 the rear.  Where the wheelchair securement device and the seat 
 belt are combined in a common system, those parts which provide 
 the combined restraining force shall have a combined strength of 
 both according to the strength requirements of each as adopted 
 by the commissioner of public safety.  

    Subd. 3.    Maximum number of persons transported.  A 
 vehicle used to provide transportation service shall carry only 
 as many persons seated in wheelchairs as the number of 
 securement devices approved by the commissioner of public safety 
 as meeting the specifications of subdivisions 1 and 2 with which 
 the vehicle is equipped, and each occupied wheelchair shall be 
 secured by such a securement device before the vehicle is set in 
 motion. 

    Subd. 4.    Transit vehicle; rules.  A transit vehicle 
 used to provide transportation services may be equipped with 
 wheelchair securement devices that may be engaged and released 
 by the user or the user's assistant.  The commissioner of public 
 safety shall adopt rules as necessary to set standards for the 
 operation, strength, and use of these wheelchair securement 
 devices. 

    HIST: 1978 c 752 s 2; 1989 c 204 s 5; 1991 c 163 s 2,3 

     299A.13 Additional safety requirements. 

    Subdivision 1.    Seat belt.  Any vehicle used to 
 provide transportation service shall be equipped with seat belts 
 which are approved by the commissioner of public safety.  The 
 seat belts required by this subdivision shall be adequate to 
 secure the occupant of a wheelchair who is being transported by 
 the vehicle.  These seat belts shall be used only to secure the 
 person and shall not be used to secure the wheelchair unless the 
 wheelchair securement force is not cumulative to the seat belt.  
 The seat belts shall meet all other applicable state and federal 
 requirements for safety. 

    Subd. 2.    Electric wheelchair.  When transportation 
 service is provided to an individual in an electrically powered 
 wheelchair, the main power switch of the wheelchair shall be 
 placed in the "off" position at all times while the vehicle is 
 in motion. 

    HIST: 1978 c 752 s 3; 1989 c 204 s 6 

     299A.14 Vehicle inspection. 

    Subdivision 1.    Inspection certificate required.  No 
 person shall drive and no operator shall knowingly permit or 
 cause a vehicle to be used for transportation service unless 
 there is displayed thereon a certificate issued upon inspection 
 by the commissioner of public safety as provided in this section.

    Subd. 2.    Wheelchair securement device.  Inspection 
 shall be made by personnel in the department of public safety 
 assigned to the state patrol.  An operator of transportation 
 services shall submit a vehicle for inspection after the 
 installation of a wheelchair securement device in the vehicle 
 and before using the vehicle for transportation service, but not 
 later than one month after the date of installation.  Evidence 
 of the date of installation shall be provided by the operator at 
 the inspection. 

    Subd. 3.    Standards.  The inspection shall be made to 
 determine that the vehicle complies with the provisions of 
 sections 299A.12, subdivisions 1 and 4, and 299A.13, subdivision 
 1; that the securement device is in working order; and that the 
 securement device is not in need of obvious repair.  The 
 inspection may include testing the use of a securement device 
 while the vehicle is in motion. 

    Subd. 4.    Certificate display and contents.  A 
 certificate furnished by the commissioner shall be issued upon 
 completion of inspection if the vehicle complies with the 
 requirements set forth in subdivision 3. The certificate shall 
 be affixed to the lower left corner of the windshield.  It shall 
 note compliance with this section, record the number of 
 wheelchairs which may be simultaneously carried in the vehicle, 
 and note the month and year in which the next inspection is 
 required. 

    Subd. 5.    When inspections required.  Subsequent 
 inspections shall be made annually.  If additional securement 
 devices are installed in a vehicle already equipped with a 
 securement device, inspection is required as specified in 
 subdivision 2. 

    HIST: 1978 c 752 s 4; 1981 c 37 s 2; 1991 c 163 s 4 

     299A.15 Aid and license withheld. 

    No agency of the state, political subdivision or other 
 public agency shall grant or approve any financial assistance to 
 any operator for the purchase or operation of any vehicle used 
 for transportation service or grant any permit or license 
 otherwise required by law for operation of that service unless 
 the operator of the transportation service complies with the 
 provisions of sections 299A.11 to 299A.14. 

    HIST: 1978 c 752 s 5 

     299A.16 Evidence. 

    Proof of the installation or failure to install wheelchair 
 securement devices, or proof of faulty installation of 
 wheelchair securement devices, or proof of the maintenance or 
 failure to properly maintain wheelchair securement devices, or 
 proof of the use or failure to use wheelchair securement devices 
 is admissible in evidence in any litigation involving personal 
 injuries or property damage arising out of the use or operation 
 of a vehicle providing transportation service.  For the purposes 
 of this section "wheelchair securement device" means such a 
 device approved by the commissioner of public safety. 

    HIST: 1978 c 752 s 6 

     299A.17 Misdemeanor. 

    For each failure to comply with any requirement of section 
 299A.12, 299A.13 or 299A.14 an operator is guilty of a 
 misdemeanor. 

    HIST: 1978 c 752 s 7 

     299A.18 Rules; approval of wheelchair securement device. 

    The commissioner of public safety shall, no later than July 
 1, 1979, adopt rules containing standards for wheelchair 
 securement devices that meet the requirements of sections 
 299A.12, subdivision 1, and 299A.13, subdivision 1, and shall 
 approve or disapprove of securement devices that meet those 
 standards. 

    HIST: 1978 c 752 s 8 

  299A.20 Renumbered 257.80 

  299A.21 Renumbered 257.801 

  299A.22 Renumbered 257.802 

  299A.23 Renumbered 257.803 

  299A.24 Renumbered 257.804 

  299A.25 Renumbered 257.805 

  299A.26 Renumbered 257.806 

  299A.27 Renumbered 257.807 

     299A.28 McGruff safe house program. 

    Subdivision 1.    Symbol.  The symbol of "McGruff" with 
 the phrase "McGruff House" is the symbol to designate a house in 
 this state where a child may seek help when threatened. 

    Subd. 2.    Duties of commissioner.  The commissioner of 
 public safety shall:  

    (1) design or adopt a standard symbol to designate a safe 
 house that is the "McGruff" symbol used in other states; 

    (2) make available written information about the safe house 
 program and "McGruff" symbols to school districts and law 
 enforcement agencies; 

    (3) publicize the safe house program in as many ways as is 
 reasonably practical; 

    (4) require the appropriate local law enforcement agency to 
 maintain a register of safe houses; 

    (5) either directly or through cooperation with the 
 appropriate law enforcement agencies conduct background checks 
 on persons who apply to have their house be a safe house.  

    Subd. 3.    Display of symbol.  A person displaying the 
 "McGruff" symbol so that it is visible from the outside of their 
 house must be approved as a safe house by the appropriate local 
 law enforcement agency.  The appropriate law enforcement agency 
 must supply the symbol to the person.  The symbol is the 
 property of the law enforcement agency, and a person must return 
 the symbol to the law enforcement agency if the agency 
 determines that the house no longer qualifies as a "McGruff" 
 house.  Violation of this subdivision is a misdemeanor. 

    Subd. 4.    Safe houses; requirements.  The appropriate 
 law enforcement agency must provide "McGruff" symbols to persons 
 who apply for symbols if they agree in writing to follow the 
 terms of the safe house program and pass a background check by 
 the appropriate local law enforcement agency.  

    Subd. 5.    Exclusive symbol.  The safe house symbol 
 provided by this section is the exclusive symbol for safe houses 
 in this state.  

    Subd. 6.    Rules.  The commissioner of public safety 
 may adopt rules necessary to implement this section. 

    HIST: 1987 c 208 s 1 

    299A.29 Subdivision 1. Renumbered 119A.25 
 subdivision 1 

    Subd. 1a. Renumbered 119A.25 subd 2 

    Subd. 2. Repealed, 1991 c 279 s 41 

    Subd. 3. Renumbered 119A.25 subd 3 

    Subd. 4. Repealed, 1991 c 279 s 41 

    Subd. 4a. Renumbered 119A.25 subd 4 

    Subd. 5. Renumbered 119A.25 subd 5 

  299A.30 Renumbered 119A.26 

  299A.31 Renumbered 119A.27 

  299A.32 Renumbered 119A.28 

  299A.325 Repealed, 1993 c 326 art 12 s 19 

  299A.326 Renumbered 119A.29 

     299A.33 Drug abuse resistance education (DARE) program. 

    Subdivision 1.    Program.  The drug abuse resistance 
 education program assists law enforcement agencies or school 
 districts by providing grants to enable peace officers to 
 undergo the training described in subdivision 3.  Grants may be 
 used to cover the cost of the training as well as reimbursement 
 for actual, reasonable travel and living expenses incurred in 
 connection with the training.  The commissioner shall administer 
 the program, shall promote it throughout the state, and is 
 authorized to receive money from public and private sources for 
 use in carrying it out.  For purposes of this section, "law 
 enforcement agency" means a police department or sheriff's 
 office. 

    Subd. 2.    Grant.  A law enforcement agency or a school 
 district may apply to the commissioner for a grant under 
 subdivision 1. 

    Subd. 3.    Training program.  The bureau of criminal 
 apprehension shall develop a program to train peace officers to 
 teach a curriculum on drug abuse resistance in schools.  The 
 training program must be approved by the commissioner. 

    Subd. 4.    Availability of peace officer training.  The 
 training described in subdivision 3 is available on a voluntary 
 basis to local law enforcement agencies and school districts.  

    Subd. 5.    Coordination of activities.  If the 
 commissioner receives grant requests from more than one 
 applicant for programs to be conducted in a single school 
 district, the commissioner shall require the applicants to 
 submit a plan for coordination of their training and programs. 

    Subd. 6.    Report.  The commissioner may require grant 
 recipients to account to the director at reasonable time 
 intervals regarding the use of the grants and the training and 
 programs provided. 

    HIST: 1989 c 290 art 9 s 5 

     299A.331 DARE advisory council. 

    Subdivision 1.    Membership.  The advisory council on 
 drug abuse resistance education consists of: 

    (1) the attorney general who shall serve as chair; 

    (2) the commissioner of public safety; 

    (3) the commissioner of children, families, and learning; 

    (4) three representatives of law enforcement appointed by 
 the commissioner of public safety; 

    (5) three representatives of education appointed by the 
 commissioner of children, families, and learning; 

    (6) a representative of the DARE officers association 
 appointed by the peace officer standards and training board from 
 among recommendations of the association; and 

    (7) seven citizens appointed by the attorney general. 

    Subd. 2.    Duties.  The council shall: 

    (1) advise the bureau of criminal apprehension in 
 establishing a drug abuse resistance education training program 
 for peace officers; 

    (2) promote the drug abuse resistance education program 
 throughout the state; 

    (3) monitor the drug abuse resistance education officer 
 training program in conjunction with the bureau of criminal 
 apprehension; 

    (4) provide coordination and assistance to local 
 communities who wish to implement drug abuse resistance 
 education programs in their local school systems; 

    (5) encourage parental and community involvement in drug 
 abuse resistance education programs; 

    (6) develop a private and public partnership to provide for 
 continuation and funding for the drug abuse resistance education 
 program; and 

    (7) receive money from public and private sources for use 
 in the drug abuse resistance education program. 

    HIST: 1990 c 565 s 31; 1Sp1995 c 3 art 16 s 13 

  299A.34 Renumbered 119A.30 

  299A.35 Renumbered 119A.31 

  299A.36 Renumbered 119A.32 

  299A.37 Renumbered 119A.33 

     299A.38 Soft body armor reimbursement. 

    Subdivision 1.    Definitions.  As used in this section: 

    (a) "Commissioner" means the commissioner of public safety. 

    (b) "Peace officer" means a person who is licensed under 
 section 626.84, subdivision 1, paragraph (c). 

    (c) "Vest" means bullet-resistant soft body armor that is 
 flexible, concealable, and custom fitted to the peace officer to 
 provide ballistic and trauma protection. 

    Subd. 2.    State and local reimbursement.  Peace 
 officers and heads of local law enforcement agencies who buy 
 vests for the use of peace officer employees may apply to the 
 commissioner for reimbursement of funds spent to buy vests.  On 
 approving an application for reimbursement, the commissioner 
 shall pay the applicant an amount equal to the lesser of 
 one-half of the vest's purchase price or $300, as adjusted 
 according to subdivision 2a.  The political subdivision that 
 employs the peace officer shall pay at least the lesser of 
 one-half of the vest's purchase price or $300, as adjusted 
 according to subdivision 2a.  The political subdivision may not 
 deduct or pay its share of the vest's cost from any clothing, 
 maintenance, or similar allowance otherwise provided to the 
 peace officer by the law enforcement agency. 

    Subd. 2a.    Adjustment of reimbursement amount.  On 
 October 1, 1997, the commissioner of public safety shall adjust 
 the $300 reimbursement amounts specified in subdivision 2, and 
 in each subsequent year, on October 1, the commissioner shall 
 adjust the reimbursement amount applicable immediately preceding 
 that October 1 date.  The adjusted rate must reflect the annual 
 percentage change in the Consumer Price Index for all urban 
 consumers, published by the federal Bureau of Labor Statistics, 
 occurring in the one-year period ending on the preceding June 1. 

    Subd. 3.    Eligibility requirements.  (a) Only vests 
 that either meet or exceed the requirements of standard 0101.03 
 of the National Institute of Justice or that meet or exceed the 
 requirements of that standard, except wet armor conditioning, 
 are eligible for reimbursement. 

    (b) Eligibility for reimbursement is limited to vests 
 bought after December 31, 1986, by or for peace officers (1) who 
 did not own a vest meeting the requirements of paragraph (a) 
 before the purchase, or (2) who owned a vest that was at least 
 six years old. 

    Subd. 4.    Rules.  The commissioner may adopt rules 
 under chapter 14 to administer this section. 

    Subd 5.    Limitation of liability.  A state agency, 
 political subdivision of the state, or state or local government 
 employee that provides reimbursement for purchase of a vest 
 under this section is not liable to a peace officer or the peace 
 officer's heirs for negligence in the death of or injury to the 
 peace officer because the vest was defective or deficient. 

    Subd. 6.    Right to benefits unaffected.  A peace 
 officer who is reimbursed for the purchase of a vest under this 
 section and who suffers injury or death because the officer 
 failed to wear the vest, or because the officer wore a vest that 
 was defective or deficient, may not lose or be denied a benefit 
 or right, including a benefit under section 299A.44, to which 
 the officer, or the officer's heirs, is otherwise entitled.  

    HIST: 1989 c 290 art 9 s 10; 1991 c 8 s 1; 1991 c 199 art 2 s 
 1; 1994 c 636 art 4 s 16; 1995 c 226 art 2 s 3; 1995 c 265 art 2 
 s 25; 1997 c 159 art 2 s 40,41 

  299A.40 Renumbered 119A.34 

     299A.41 Definitions. 

    Subdivision 1.    Scope.  The definitions used in this 
 section apply to sections 299A.41 to 299A.46. 

    Subd. 2.    Dependent child.  A "dependent child" means 
 a person who is unmarried and who was either living with or was 
 receiving support contributions from the public safety officer 
 at the time of death, including a child by birth, a stepchild, 
 an adopted child, or a posthumous child, and who is: 

    (1) under 18 years of age; 

    (2) over 18 years of age and incapable of self-support 
 because of physical or mental disability; or 

    (3) over 18 years of age and a student as defined by United 
 States Code, title 5, section 8101. 

    Subd. 3.    Killed in the line of duty.  "Killed in the 
 line of duty" does not include deaths from natural causes.  In 
 the case of a peace officer, "killed in the line of duty" 
 includes the death of an officer caused by accidental means 
 while the peace officer is acting in the course and scope of 
 duties as a peace officer. 

    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 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. 

    Subd. 5.    Spouse.  "Spouse" means a person legally 
 married to the decedent at the time of the decedent's death. 

    HIST: 1990 c 591 art 5 s 1; 1991 c 199 art 1 s 66; 1992 c 523 
 s 1,2; 1992 c 553 s 1 

     299A.42 Public safety officer's benefit account. 

    The public safety officer's benefit account is created in 
 the state treasury.  Money in the account consists of money 
 transferred and appropriated to that account.  

    HIST: 1990 c 591 art 5 s 2 

     299A.43 Eligibility determination; contested case. 

    A challenge to a determination of eligibility by the 
 commissioner of public safety must be heard as a contested case, 
 except that the decision of the administrative law judge is 
 binding on the parties to the proceeding.  The order of the 
 administrative law judge is the final decision of the 
 commissioner.  The hearing must be conducted according to 
 sections 14.56 to 14.62 and is subject to appeal according to 
 sections 14.63 to 14.68. 

    HIST: 1990 c 591 art 5 s 3 

     299A.44 Death benefit. 

    Subdivision 1.    Payment required.  (a) On 
 certification to the governor by the commissioner of public 
 safety that a public safety officer employed within this state 
 has been killed in the line of duty, leaving a spouse or one or 
 more eligible dependents, the commissioner of finance shall pay 
 $100,000 from the public safety officer's benefit account, as 
 follows: 

    (1) if there is no dependent child, to the spouse; 

    (2) if there is no spouse, to the dependent child or 
 children in equal shares; 

    (3) if there are both a spouse and one or more dependent 
 children, one-half to the spouse and one-half to the child or 
 children, in equal shares; 

    (4) if there is no surviving spouse or dependent child or 
 children, to the parent or parents dependent for support on the 
 decedent, in equal shares; or 

    (5) if there is no surviving spouse, dependent child, or 
 dependent parent, then no payment may be made from the public 
 safety officer's benefit fund.  

    (b) If there are both a spouse and one or more dependent 
 children under age 18, the spouse, at the spouse's discretion, 
 may spend a maximum of one-third of a child's share on medical 
 or dental treatment for the child or the child's education.  
 Expenditures under this paragraph on behalf of a child do not 
 diminish the shares of any other children.  In addition, a 
 spouse, at the spouse's discretion, may expend money from a 
 child's share to pay state and federal taxes on any interest 
 accrued on the share. 

    Subd. 2.    Adjustment of benefit.  On October 1 of each 
 year beginning after July 1, 1995, the commissioner of public 
 safety shall adjust the level of the benefit payable immediately 
 before October 1 under subdivision 1, to reflect the annual 
 percentage change in the Consumer Price Index for all urban 
 consumers, published by the federal Bureau of Labor Statistics, 
 occurring in the one-year period ending on June 1 immediately 
 preceding such October 1. 

    HIST: 1990 c 591 art 5 s 4; 1995 c 133 s 1; 1995 c 226 art 2 s 
 4; 1995 c 265 art 2 s 26 

     299A.45 Education benefit. 

    Subdivision 1.    Eligibility.  Following certification 
 under section 299A.44 and compliance with this section and rules 
 of the commissioner of public safety and the higher education 
 services office, dependent children less than 23 years of age 
 and the surviving spouse of a public safety officer killed in 
 the line of duty on or after January 1, 1973, are eligible to 
 receive educational benefits under this section.  To qualify for 
 an award, they must be enrolled in undergraduate degree or 
 certificate programs after June 30, 1990, at an eligible 
 Minnesota institution as provided in section 136A.101, 
 subdivision 4.  Persons who have received a baccalaureate degree 
 or have been enrolled full time or the equivalent of eight 
 semesters or 12 quarters, whichever occurs first, are no longer 
 eligible. 

    Subd. 2.    Award amount.  (a) The amount of the award 
 is: 

    (1) for public institutions, the actual tuition and fees 
 charged by the institution; or 

    (2) for private institutions the lesser of (i) the actual 
 tuition and fees charged by the institution or (ii) the highest 
 tuition and fees charged by a public institution in Minnesota. 

    (b) An award under this subdivision must not affect a 
 recipient's eligibility for a state grant under section 136A.121.

    Subd. 3.    Payment.  On proof of eligibility for this 
 program, an eligible institution, on behalf of the student, 
 shall request payment of the award from the higher education 
 services office.  An institution must not request payment unless 
 the student is enrolled in or has completed the term for which 
 the payment is intended. 

    Subd. 4.    Renewal.  Each award must be given for one 
 academic year and is renewable for a maximum of six semesters or 
 nine quarters or their equivalent.  An award must not be given 
 to a dependent child who is 23 years of age or older on the 
 first day of the academic year. 

    HIST: 1990 c 591 art 5 s 5; 1991 c 356 art 8 s 22; 1995 c 212 
 art 3 s 59 

     299A.46 Rules. 

    The commissioner of public safety may adopt rules under 
 chapter 14 to implement, coordinate, and administer sections 
 299A.41 to 299A.44.  The higher education services office may 
 adopt rules to implement, coordinate, and administer section 
 299A.45.  

    HIST: 1990 c 591 art 5 s 6; 1995 c 212 art 3 s 59; 1995 c 233 
 art 2 s 56 

     299A.465 Continued health insurance coverage. 

    Subdivision 1.    Officer or firefighter disabled in line 
 of duty.  (a) This subdivision applies when a peace officer or 
 firefighter suffers a disabling injury that: 

    (1) results in the officer's or firefighter's retirement or 
 separation from service; 

    (2) occurs while the officer or firefighter is acting in 
 the course and scope of duties as a peace officer or 
 firefighter; and 

    (3) the officer or firefighter has been approved to receive 
 the officer's or firefighter's duty-related disability pension. 

    (b) The officer's or firefighter's employer shall continue 
 to provide health coverage for: 

    (1) the officer or firefighter; and 

    (2) the officer's or firefighter's dependents if the 
 officer or firefighter was receiving dependent coverage at the 
 time of the injury under the employer's group health plan. 

    (c) The employer is responsible for the continued payment 
 of the employer's contribution for coverage of the officer or 
 firefighter and, if applicable, the officer's or firefighter's 
 dependents.  Coverage must continue for the officer or 
 firefighter and, if applicable, the officer's or firefighter's 
 dependents until the officer or firefighter reaches the age of 
 65.  However, coverage for dependents does not have to be 
 continued after the person is no longer a dependent.  

    Subd. 2.    Officer or firefighter killed in line of duty. 
  (a) This subdivision applies when a peace officer or 
 firefighter is killed while on duty and discharging the 
 officer's or firefighter's duties as a peace officer or 
 firefighter. 

    (b) The officer's or firefighter's employer shall continue 
 to cover the deceased officer's or firefighter's dependents if 
 the officer or firefighter was receiving dependent coverage at 
 the time of the officer's or firefighter's death under the 
 employer's group health plan. 

    (c) The employer is responsible for the employer's 
 contribution for the coverage of the officer's or firefighter's 
 dependents.  Coverage must continue for a dependent of the 
 officer or firefighter for the period of time that the person is 
 a dependent up to the age of 65. 

    Subd. 3.    Coordination of benefits.  Health insurance 
 benefits payable to the officer or firefighter and the officer's 
 or firefighter's dependents from any other source provide the 
 primary coverage, and coverage available under this section is 
 secondary. 

    Subd. 4.    Public employer reimbursement.  A public 
 employer subject to this section may annually apply to the 
 commissioner of public safety for reimbursement of its costs of 
 complying with this section.  The commissioner shall provide 
 reimbursement to the public employer out of the public safety 
 officer's benefit account. 

    Subd. 5.    Definition.  For purposes of this section: 

    (a) "Peace officer" or "officer" has the meaning given in 
 section 626.84, subdivision 1, paragraph (c). 

    (b) "Dependent" means a person who meets the definition of 
 dependent in section 62L.02, subdivision 11, at the time of the 
 officer's or firefighter's injury or death.  A person is not a 
 dependent for purposes of this section during the period of time 
 the person is covered under another group health plan.  

    (c) "Firefighter" has the meaning given in section 424.03, 
 but does not include volunteer firefighters. 

    HIST: 1997 c 239 art 8 s 6 

     299A.47 Claims limitation. 

    Claims for benefits from the public safety officer's death 
 benefit account made by or on behalf of a survivor of a public 
 safety officer must be filed within two years after the date of 
 death of the officer. 

    HIST: 1992 c 523 s 3 

     299A.48 Citation. 

    Sections 299A.48 to 299A.52 and 299K.095 may be cited as 
 the "Minnesota Hazardous Materials Incident Response Act." 

    HIST: 1992 c 593 art 2 s 3 

     299A.49 Definitions. 

    Subdivision 1.    Scope.  For the purposes of sections 
 299A.48 to 299A.52 and 299K.095, the following terms have the 
 meanings given them. 

    Subd. 2.    Chemical assessment team.  "Chemical 
 assessment team" means a team trained and equipped to evaluate a 
 hazardous materials incident and recommend the best means of 
 controlling the hazard after consideration of life safety 
 concerns, environmental effects, exposure hazards, quantity and 
 type of hazardous material, availability of local resources, or 
 other relevant factors. 

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of public safety. 

    Subd. 4.    Hazardous materials.  "Hazardous materials" 
 means substances or materials that, because of their chemical, 
 physical, or biological nature, pose a potential risk to life, 
 health, or property if they are released.  "Hazardous materials" 
 includes any substance or material in a particular form or 
 quantity that may pose an unreasonable risk to health, safety, 
 and property, or any substance or material in a quantity or form 
 that may be harmful to humans, animals, crops, water systems, or 
 other elements of the environment if accidentally released.  
 Hazardous substances so designated may include explosives, 
 radioactive materials, etiologic agents, flammable liquids or 
 solids, combustible liquids or solids, poisons, oxidizing or 
 corrosive materials, and flammable gases. 

    Subd. 5.    Local unit of government.  "Local unit of 
 government" means a county, home rule charter or statutory city, 
 or town. 

    Subd. 6.    Person.  "Person" means any individual, 
 partnership, association, public or private corporation or other 
 entity including the United States government, any interstate 
 body, the state, and any agency, department, or political 
 subdivision of the state. 

    Subd. 7.    Regional hazardous materials response team.  
 "Regional hazardous materials response team" means a team 
 trained and equipped to respond to and mitigate a hazardous 
 materials release.  A regional hazardous materials response team 
 may include strategically located chemical assessment teams. 

    HIST: 1992 c 593 art 2 s 4 

     299A.50 Response plan. 

    Subdivision 1.    Elements of plan; rules.  After 
 consultation with the commissioners of natural resources, 
 agriculture, transportation, and the pollution control agency, 
 the state fire marshal, the emergency response commission, 
 appropriate technical emergency response representatives, and 
 representatives of affected parties, the commissioner shall 
 adopt rules to implement a statewide hazardous materials 
 incident response plan.  The plan must include: 

    (1) the locations of up to five regional hazardous 
 materials response teams, based on the location of hazardous 
 materials, response time, proximity to large population centers, 
 and other factors; 

    (2) the number and qualifications of members on each team; 

    (3) the responsibilities of regional hazardous materials 
 response teams; 

    (4) equipment needed for regional hazardous materials 
 response teams; 

    (5) procedures for selecting and contracting with local 
 governments or nonpublic persons to establish regional hazardous 
 materials response teams; 

    (6) procedures for dispatching teams at the request of 
 local governments; 

    (7) a fee schedule for reimbursing local governments or 
 nonpublic persons responding to an incident; and 

    (8) coordination with other state departments and agencies, 
 local units of government, other states, Indian tribes, the 
 federal government, and other nonpublic persons. 

    Subd. 2.    Contract and agreement.  The commissioner 
 may cooperate with and enter into contracts with other state 
 departments and agencies, local units of government, other 
 states, Indian tribes, the federal government, or nonpublic 
 persons to implement the response plan. 

    Subd. 3.    Long-term oversight; transition.  When a 
 regional hazardous materials response team has completed its 
 response to an incident, the commissioner shall notify the 
 commissioner of the pollution control agency, which is 
 responsible for assessing environmental damage caused by the 
 incident and providing oversight of monitoring and remediation 
 of that damage from the time the response team has completed its 
 activities. 

    HIST: 1992 c 593 art 2 s 5; 1993 c 341 art 2 s 6 

     299A.51 Liability and workers' compensation. 

    Subdivision 1.    Liability.  During operations 
 authorized under section 299A.50, members of a regional 
 hazardous materials response team operating outside their 
 geographic jurisdiction are "employees of the state" as defined 
 in section 3.736. 

    Subd. 2.    Workers' compensation.  During operations 
 authorized under section 299A.50, members of a regional 
 hazardous materials response team operating outside their 
 geographic jurisdiction are considered employees of the 
 department of public safety for purposes of chapter 176. 

    Subd. 3.    Limitation.  A person who provides personnel 
 and equipment to assist at the scene of a hazardous materials 
 response incident outside the person's geographic jurisdiction 
 or property, at the request of the state or a local unit of 
 government, is not liable for any civil damages resulting from 
 acts or omissions in providing the assistance, unless the person 
 acts in a willful and wanton or reckless manner in providing the 
 assistance. 

    HIST: 1992 c 593 art 2 s 6; 1995 c 226 art 4 s 5 

     299A.52 Responsible person. 

    Subdivision 1.    Response liability.  A responsible 
 person, as described in section 115B.03, is liable for the 
 reasonable and necessary costs, including legal and 
 administrative costs, of response to a hazardous materials 
 incident incurred by a regional hazardous materials response 
 team or local unit of government.  For the purposes of this 
 section, "hazardous substance" as used in section 115B.03 means 
 "hazardous material" as defined in section 299A.49. 

    Subd. 2.    Expense recovery.  The commissioner shall 
 assess the responsible person for the regional hazardous 
 materials response team costs of response.  The commissioner may 
 bring an action for recovery of unpaid costs, reasonable 
 attorney fees, and any additional court costs. 

    Subd. 3.    Attempted avoidance of liability.  For 
 purposes of sections 299A.48 to 299A.52 and 299K.095, a 
 responsible person may not avoid liability by conveying any 
 right, title, or interest in real property or by any 
 indemnification, hold harmless agreement, or similar agreement. 

    HIST: 1992 c 593 art 2 s 7 

  299A.60 Repealed, 1996 c 408 art 2 s 16 

     299A.61 Criminal alert network. 

    Subdivision 1.    Establishment.  The commissioner of 
 public safety, in cooperation with the commissioner of 
 administration, shall develop and maintain an integrated 
 criminal alert network to facilitate the communication of crime 
 prevention information by electronic means among state agencies, 
 law enforcement officials, and the private sector.  The network 
 shall disseminate data regarding the commission of crimes, 
 including information on missing and endangered children, and 
 attempt to reduce theft and other crime by the use of electronic 
 transmission of information.  In addition, the commissioner 
 shall evaluate the feasibility of using the network to 
 disseminate data regarding the use of fraudulent checks and the 
 coordination of security and antiterrorism efforts with the 
 Federal Bureau of Investigation.  If the commissioner determines 
 that one or both of these uses are feasible, the commissioner 
 shall ensure that the network disseminates data in the area or 
 areas determined to be feasible. 

    Subd. 2.    Data on members.  Data that identify 
 individuals or businesses as members of the criminal alert 
 network, including names, addresses, telephone and fax numbers, 
 are private data on individuals or nonpublic data, as defined in 
 section 13.02, subdivision 9 or 12. 

    Subd. 3.    Limit on liability of financial institution. 
  A financial institution that provides or reasonably attempts 
 to provide stolen, forged, or fraudulent check information for 
 use by the crime alert network or law enforcement agencies 
 investigating a crime is not liable to any person for disclosing 
 the information, provided that the financial institution is 
 acting in good faith. 

    Subd. 4.    Fee authorized.  The commissioner of public 
 safety may charge a fee to members of the network for the 
 services that the network provides.  Money collected from these 
 fees is appropriated to the commissioner of public safety and 
 must be used for network expenses.  

    HIST: 1995 c 226 art 4 s 6; 1995 c 244 s 6; 1996 c 440 art 1 s 
 48; 1997 c 239 art 8 s 7; 1998 c 337 s 1; 1998 c 367 art 11 s 8 

     299A.62 Community-oriented policing (COPS) grant program.

    Subdivision 1.    Program established.  A 
 community-oriented policing grant program is established under 
 the administration of the commissioner of public safety.  Grants 
 may be awarded as provided in subdivision 2 for the following 
 purposes:  

    (1) to enable local law enforcement agencies to hire law 
 enforcement officers.  The grants must be used by law 
 enforcement agencies to increase the complement of officers in 
 the agency by paying the salaries of new officers who replace an 
 existing officer who has been reassigned primarily to 
 investigate and prevent juvenile crime or to perform 
 community-oriented policing duties; and 

    (2) to enable local law enforcement agencies to assign 
 overtime officers to high crime areas within their jurisdictions.

    Subd. 2.    Awarding grant.  Grants under this section 
 shall be awarded by the commissioner of public safety.  Before 
 any grants are awarded, a committee consisting of the attorney 
 general, and representatives from the Minnesota chiefs of police 
 association, the Minnesota sheriffs association, and the 
 Minnesota police and peace officers association, shall evaluate 
 the grant applications.  Before grants are awarded, the 
 commissioner shall meet and consult with the committee 
 concerning its evaluation of and recommendations on grant 
 proposals.  A grant under subdivision 1, clause (1), may be 
 awarded only to a law enforcement agency that demonstrates in 
 its application that it currently has a need for an additional 
 officer to be assigned to:  (i) community-oriented policing 
 duties; or (ii) the investigation and prevention of juvenile 
 crime, based on the juvenile crime rate in the area over which 
 the agency has jurisdiction.  More than one grant under 
 subdivision 1, clause (1), may be awarded to an agency; however, 
 each grant may fund only one position.  At least 50 percent of 
 the grants awarded under subdivision 1, clause (1), must be 
 awarded to the cities of Minneapolis and St. Paul.  

    Subd. 3.    Amount of grant to hire officer.  A grant 
 awarded under subdivision 1, clause (1), must reimburse up to 
 150 percent of the entry level salary and benefits of a law 
 enforcement officer, not to exceed $75,000.  However, the money 
 may not be used to pay for equipment or uniforms for the 
 officer.  The grant is intended to be used for the salary of the 
 officer over a three-year period. 

    Subd. 4.    Conditions of grant to hire officer.  Grant 
 recipients who receive grants under subdivision 1, clause (1), 
 shall continue to employ a law enforcement officer hired with 
 money granted under this section for at least a three-year 
 period.  If for any reason during the three-year period the 
 employment relationship ends, the agency shall hire an 
 additional officer so that the total number of officers employed 
 by the agency does not change.  A law enforcement agency that 
 fails to comply with this subdivision shall reimburse the 
 commissioner as follows: 

    (1) if the failure occurs during the first year, the agency 
 shall reimburse the full amount of the grant; 

    (2) if the failure occurs during the second year, the 
 agency shall reimburse two-thirds of the grant; or 

    (3) if the failure occurs during the third year but prior 
 to the three-year anniversary of the officer's hiring, the 
 agency shall reimburse one-third of the grant. 

 The commissioner shall deposit the reimbursement in the state 
 treasury and credit it to the general fund. 

    HIST: 1996 c 408 art 2 s 6 

     299A.63 Weed and seed grant program. 

    Subdivision 1.    Establishment.  A grant program is 
 established under the administration of the commissioner of 
 public safety to assist local communities in their efforts to 
 eradicate violent crime, illegal drug activity, and illegal gang 
 activity in targeted neighborhoods, and to revitalize these 
 targeted neighborhoods economically and physically. 

    Subd. 2.    Awarding grant.  The commissioner of public 
 safety shall act as fiscal agent for the grant program and shall 
 be responsible for receiving applications for grants and 
 awarding grants under this section.  Before any grants are 
 awarded, a committee consisting of the attorney general, and 
 representatives from the Minnesota chiefs of police association, 
 the Minnesota sheriffs association, and the Minnesota police and 
 peace officers association, shall evaluate the grant 
 applications.  Before grants are awarded, the commissioner shall 
 meet and consult with the committee concerning its evaluation of 
 and recommendations on grant proposals.  At least 50 percent of 
 the grants awarded under this section must be awarded to the 
 cities of Minneapolis and St. Paul. 

    Subd. 3.    Grant process.  (a) A city may apply for a 
 grant under this section by submitting an application to the 
 commissioner of public safety on a form prescribed by the 
 commissioner.  The application shall: 

    (1) identify the neighborhood within the city that has been 
 proposed by the city's mayor as a targeted site; 

    (2) describe the problems to be corrected within the 
 targeted neighborhood and the strengths that make the targeted 
 neighborhood a suitable candidate for funding; and 

    (3) contain the city's plan for use of the grant funds.  
 This plan must: 

    (i) be prepared in consultation with residents of the 
 targeted neighborhood; 

    (ii) describe the specific law enforcement, community 
 policing, prevention, intervention, treatment, and neighborhood 
 revitalization activities that the city intends to undertake; 
 and 

    (iii) include a reporting and evaluation component. 

    (b) A city may apply for more than one grant under this 
 section; however, each grant may target only one neighborhood. 

    Subd. 4.    Attorney general duties.  (a) The attorney 
 general may assist cities and local law enforcement officials in 
 developing and implementing anticrime and neighborhood community 
 revitalization strategies and may assist local prosecutors in 
 prosecuting crimes occurring in the targeted neighborhoods that 
 receive funding under this section.  Upon request of the local 
 prosecuting authority, the attorney general may appear in court 
 in those civil and criminal cases arising as a result of this 
 section that the attorney general deems appropriate.  For the 
 purposes of this section, the attorney general may appear in 
 court in nuisance actions under chapter 617, and misdemeanor 
 prosecutions under chapter 609.  

    (b) The attorney general may assist cities in developing 
 appropriate applications to the United States Department of 
 Justice for federal weed and seed grants for use in conjunction 
 with grants awarded under this section. 

    HIST: 1996 c 408 art 2 s 7; 1997 c 239 art 8 s 11 

     299A.64 Criminal gang council and strike force. 

    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. 

    Subd. 2.    Statewide gang strategy.  (a) The council 
 shall develop an overall strategy to eliminate the harm caused 
 to the public by criminal gangs and their illegal activities 
 within the state of Minnesota.  In developing the strategy, the 
 council shall consult with representatives from the community 
 services division of the Minnesota department of corrections and 
 federal probation officers employed by the United States 
 District Court of Minnesota.  As far as practicable, the 
 strategy must address all criminal gangs operating in the state 
 regardless of location or the motivation or ethnicity of the 
 gangs' members.  The strategy must address criminal gangs in 
 both the metropolitan area and greater Minnesota.  The council 
 shall consult with and take into account the needs of law 
 enforcement agencies and prosecutorial offices in greater 
 Minnesota in developing the strategy.  The strategy must target 
 individuals or groups based on their criminal behavior, not 
 their physical appearance.  The strategy must take into account 
 the rights of groups and individuals that the strike force may 
 target and protect against abuses of these rights. 

    (b) In addition to developing the strategy described in 
 paragraph (a), the council shall develop criteria and 
 identifying characteristics for use in determining whether 
 individuals are or may be members of gangs involved in criminal 
 activity.  The council shall also develop procedures and 
 criteria for the investigation of criminal gangs and crimes 
 committed by those gangs throughout the state. 

    Subd. 3.    Criminal gang strike force.  The council 
 shall oversee the organization and deployment of a statewide 
 criminal gang strike force.  The strike force must consist of 
 law enforcement officers, bureau of criminal apprehension 
 agents, an assistant attorney general, and a communications and 
 intelligence network.  The council shall select the members of 
 the strike force who shall serve at the pleasure of the council. 
 The council shall ensure that all law enforcement officers 
 selected to join the strike force are licensed peace officers or 
 federal law enforcement agents found by the Minnesota board of 
 peace officer standards and training to have equivalent 
 qualifications.  In selecting members of the strike force, the 
 council shall consult with chiefs of local law enforcement 
 agencies, sheriffs, and other interested parties.  The council 
 shall request these individuals to recommend willing and 
 experienced persons under their jurisdiction who would help the 
 strike force and to permit those persons to join it.  To the 
 greatest extent possible, entities contributing members to the 
 strike force are encouraged to also contribute equipment and 
 other support.  The council shall attempt to ensure that these 
 entities do so. 

    Subd. 4.    Strike force duties.  The strike force shall 
 implement the strategy developed by the council and is 
 responsible for tactical decisions regarding implementation of 
 the strategy.  In addition and upon request, the strike force 
 shall assist and train local governmental units, law enforcement 
 agencies, and prosecutors' offices in methods to identify 
 criminal gangs and gang members.  To the greatest extent 
 possible, the strike force shall operate as a cohesive unit 
 exclusively for the purposes listed in this section.  If 
 regional units are established under subdivision 7, the council 
 shall ensure that the existence and operation of these units do 
 not impair the overall goal of a uniform statewide strategy to 
 combat crimes committed by gangs. 

    Subd. 5.    Service; transfer.  To the greatest extent 
 possible, members of the strike force shall serve on the force 
 for the entirety of its existence.  Members continue to be 
 employed by the same entity by which they were employed before 
 joining the strike force.  While serving on the strike force, 
 however, members are under the exclusive command of the strike 
 force.  A member who desires to be transferred back to the 
 position the member held before joining the strike force may 
 request a transfer from the council.  The council shall approve 
 and arrange for the requested transfer as soon as is 
 practicable.  The person in charge of the organization from 
 which the member came also may request that a member be 
 transferred back.  In these instances, the council shall approve 
 and arrange for the requested transfer immediately or as soon as 
 is practicable.  If a member is transferred from the strike 
 force, the person in charge of the organization from which the 
 member came shall arrange for an experienced individual, 
 acceptable to the council, to replace the transferred person on 
 the strike force.  If this arrangement cannot be made, any grant 
 received under section 299A.66, subdivision 1, must be repaid on 
 a prorated basis. 

    Subd. 6.    Commanders.  The council shall designate a 
 member of the strike force to be its commander and may appoint 
 an individual assigned to a regional unit established under 
 subdivision 7 to be the commander of the regional unit. 

    Subd. 7.    Regional units.  If the council at any time 
 determines that it would be more effective and efficient to have 
 distinct units within the strike force concentrating on specific 
 areas, it may establish regional units within the strike force 
 and select their members.  If the council chooses to do so, the 
 other provisions of this section still apply to the individual 
 units, and the council still has the duty and authority to 
 develop necessary procedures and criteria for and to oversee the 
 operation of each individual unit.  The council may continue to 
 alter the structure of the strike force and any units composing 
 it in any way designed to further its effectiveness and to carry 
 out the intent of this section. 

    Subd. 8.    Role of assistant attorney general.  The 
 assistant attorney general assigned to the strike force shall 
 generally advise the council on any matters that the council 
 deems appropriate.  The council may seek advice from other 
 attorneys and, if the council decides it would be appropriate, 
 may retain outside counsel.  The assistant attorney general 
 shall train local prosecutors in prosecuting cases involving 
 criminal gangs and in interviewing witnesses and victims and 
 shall cooperate with other strike force members in developing 
 and building strong cases.  

    Subd. 9.    Attorney general; community liaison.  The 
 attorney general or a designee shall serve as a liaison between 
 the criminal gang oversight council and the councils created in 
 sections 3.922, 3.9223, 3.9225, and 3.9226.  The attorney 
 general or the designee will be responsible for: 

    (1) informing the councils of the criminal gang oversight 
 council's plans, activities, and decisions and hearing their 
 reactions to those plans, activities, and decisions; and 

    (2) providing the criminal gang oversight council with 
 information about the councils' position on the oversight 
 council's plans, activities, and decisions. 

    In no event is the criminal gang oversight council required 
 to disclose the names of individuals identified by it to the 
 councils referenced in this subdivision. 

    Nothing in this subdivision changes the data classification 
 of any data held by the oversight council. 

    Subd. 10.    Required report.  By February 1 of each 
 year, the council shall report to the chairs of the senate and 
 house of representatives committees and divisions having 
 jurisdiction over criminal justice policy and funding on the 
 activities of the council and strike force. 

    HIST: 1997 c 239 art 8 s 8 

     299A.65 Jurisdiction and liability. 

    Subdivision 1.    Statewide jurisdiction.  Law 
 enforcement officers who are members of the criminal gang strike 
 force have statewide jurisdiction to conduct criminal 
 investigations and possess the same powers of arrest as those 
 possessed by a sheriff.  

    Subd. 2.    Liability and workers' compensation.  While 
 operating under the scope of this section, members of the strike 
 force are "employees of the state" as defined in section 3.736 
 and are considered employees of the department of public safety 
 for purposes of chapter 176. 

    HIST: 1997 c 239 art 8 s 9 

     299A.66 Grant programs. 

    Subdivision 1.    Reimbursement grant authorized.  The 
 commissioner of public safety, upon recommendation of the 
 council, may award grants to local law enforcement agencies, 
 sheriff's offices, and other organizations that have contributed 
 members to the criminal gang strike force to hire new persons to 
 replace those who have joined the force.  A grant may cover a 
 two-year period and reimburse the recipient for a maximum of 100 
 percent of the salary of the person contributed to the strike 
 force.  A recipient of a grant under this subdivision must use 
 the money to hire a new person to replace the person who has 
 joined the strike force, thus keeping its complement of 
 employees at the same level.  The money may not be used to pay 
 for equipment or uniforms. 

    Subd. 2.    Grant to expand local capacity to combat 
 criminal gangs.  (a) The commissioner of public safety, upon 
 recommendation of the council, may award grants to local law 
 enforcement agencies and city and county attorneys' offices to 
 expand the agency's or office's capacity to successfully 
 investigate and prosecute crimes committed by criminal gangs. 

    (b) Grant applicants under this subdivision shall submit to 
 the commissioner and the council a detailed plan describing the 
 uses for which the money will be put.  The commissioner and the 
 council shall evaluate grant applications and award grants in a 
 manner that will best ensure positive results.  The commissioner 
 may award grants to purchase necessary equipment and to develop 
 or upgrade computer systems if the commissioner determines that 
 those uses would best aid the recipient's attempts to combat 
 criminal gangs.  The commissioner shall require recipients of 
 grants to provide follow-up reports to the council detailing the 
 success of the recipient in combating criminal gangs. 

    (c) The commissioner shall condition grants made under this 
 subdivision to require that recipients agree to cooperate with 
 the council and the bureau of criminal apprehension in 
 establishing and expanding the criminal gang investigative data 
 system described in section 299C.091 and in implementing the 
 strategy developed by the council to combat criminal gangs.  
 Grant recipients must agree to provide the council and bureau 
 with any requested information regarding the activities and 
 characteristics of criminal gangs and gang members operating 
 within their jurisdictions. 

    HIST: 1997 c 239 art 8 s 10 

     299A.70 Public safety motor vehicle account. 

    The public safety motor vehicle account is created in the 
 special revenue fund, consisting of the fees collected under 
 section 168A.29, subdivision 1, paragraph (b).  Money in the 
 account is annually appropriated to the commissioner for 
 purchasing and equipping department vehicles.  

    HIST: 1997 c 159 art 2 s 42