2003 Minnesota Statutes

CHAPTER 299A. Department of public safety

     299A.01 Department of Public Safety; creation, 
  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. 1b.    Department advertising sales; appropriation. 
  The commissioner may accept paid advertising for departmental 
 publications, media productions, or other informational 
 materials.  Advertising revenues received are appropriated to 
 the commissioner to be used to defray costs of publications, 
 media productions, or other informational materials.  The 
 commissioner may not accept paid advertising from an elected 
 official or candidate for elective office. 

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

    (1) 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; 

    (2) 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; 

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

    (4) the publication and award of grant contracts with state 
 agencies, local units of government, and other entities for 
 programs that will benefit the safety of the public; and 

    (5) 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.  Renumbered section 16B.875 

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 Repealed, 1997 c 239 art 8 s 36 

    Subd. 7.    Rules remain in effect.  Notwithstanding 
 sections 14.05, subdivision 1, and 645.36 or other law to the 
 contrary, the rules adopted under the authority of Minnesota 
 Statutes 1996, section 299A.01, subdivision 6, paragraph (a), 
 remain in effect on and after July 1, 1997, until further 
 amended or repealed. 

    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; 1999 c 238 art 2 s 69; 2000 c 445 art 1 s 1,2; 1Sp2001 c 8 
 art 2 s 65 

     299A.015 Duties transferred from other agency. 

    The powers and duties of the Department of Children, 
 Families, and Learning with respect to the Office of Drug Policy 
 and Violence Prevention and Community Advisory Violence 
 Prevention Council under Minnesota Statutes 1998, sections 
 119A.25, 119A.26, 119A.27, 119A.28, 119A.29, 119A.31, 119A.32, 
 119A.33, and 119A.34, are transferred to the Department of 
 Public Safety under section 15.039. 

    HIST: 1999 c 216 art 2 s 12; 2003 c 130 s 12 

LIQUOR CONTROL

     299A.02 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 297G 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 297G or 340A.  Intentional violation of a provision of 
 chapter 297G 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 297G 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 297G 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; 2000 c 260 s 52 

  299A.03 Repealed, 1981 c 356 s 247 

  299A.04 Renumbered 116J.405 

WHEELCHAIR SECUREMENT

     299A.11 Vehicle transporting wheelchair user; 
  definitions. 

    Subdivision 1.    Scope.  The following terms have the 
 definitions given them for the purposes of sections 299A.11 to 
 299A.18. 

    Subd. 2.    Operator.  "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. 

    Subd. 3.    Transit vehicle.  "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.  

    Subd. 4.    Transportation service.  "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. 

    Subd. 5.    Wheelchair securement device.  "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. 

    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 

MCGRUFF SAFE HOUSE PROGRAM

     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 

DRUG POLICY AND VIOLENCE

PREVENTION

    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.291 Definitions. 

    Subdivision 1.    Applicability.  For purposes of 
 sections 299A.291 to 299A.298, the following terms have the 
 meanings given them in this section. 

    Subd. 2.    Chemical abuse.  "Chemical abuse" means the 
 use of a controlled substance or the abuse of alcoholic 
 beverages. 

    Subd. 3.    Controlled substance.  "Controlled substance"
 has the meaning given in section 152.01, subdivision 4. 

    Subd. 4.    Prevention activity.  "Prevention activity" 
 means an activity carried on by a government agency that is 
 designed to reduce chemical abuse and dependency, including 
 education, prevention, treatment, and rehabilitation programs. 

    Subd. 5.    Supply reduction activity.  "Supply 
 reduction activity" means an activity carried on by a government 
 agency that is designed to reduce the supply or use of 
 controlled substances, including law enforcement, eradication, 
 and prosecutorial activities. 

    HIST: 1989 c 290 art 9 s 1; 1989 c 356 s 56; 1991 c 279 s 
 10-13; 1999 c 216 art 2 s 28; 1999 c 241 art 10 s 8 

     299A.292 Office of Drug Policy and Violence Prevention. 

    Subdivision 1.    Office.  The Office of Drug Policy and 
 Violence Prevention is an office in the Department of Public 
 Safety, headed by the commissioner.  The commissioner may 
 appoint other employees.  The commissioner shall coordinate the 
 violence prevention activities and the prevention and supply 
 reduction activities of state and local agencies and use the 
 resources of the office to conduct activities related to crime 
 prevention and enforcement as deemed necessary. 

    Subd. 2.    Duties.  (a) The commissioner shall: 

    (1) gather, develop, and make available throughout the 
 state information and educational materials on preventing and 
 reducing violence in the family and in the community, both 
 directly and by serving as a clearinghouse for information and 
 educational materials from schools, state and local agencies, 
 community service providers, and local organizations; 

    (2) foster collaboration among schools, state and local 
 agencies, community service providers, and local organizations 
 that assist in violence intervention or prevention; 

    (3) assist schools, state and local agencies, service 
 providers, and organizations, on request, with training and 
 other programs designed to educate individuals about violence 
 and reinforce values that contribute to ending violence; 

    (4) after consulting with all state agencies involved in 
 preventing or reducing violence within the family or community, 
 develop a statewide strategy for preventing and reducing 
 violence that encompasses the efforts of those agencies and 
 takes into account all money available for preventing or 
 reducing violence from any source; 

    (5) submit the strategy to the governor by January 15 of 
 each calendar year, along with a summary of activities occurring 
 during the previous year to prevent or reduce violence 
 experienced by children, young people, and their families; 

    (6) assist appropriate professional and occupational 
 organizations, including organizations of law enforcement 
 officers, prosecutors, and educators, in developing and 
 operating informational and training programs to improve the 
 effectiveness of activities to prevent or reduce violence within 
 the family or community; and 

    (7) take other actions deemed necessary to reduce the 
 incidence of crime. 

 The commissioner also may, through this program, support 
 activities and strategies of the Criminal Gang Council and 
 Strike Force as specified in sections 299A.64, 299A.65, and 
 299A.66. 

    (b) The commissioner shall gather and make available 
 information on prevention and supply reduction activities 
 throughout the state, foster cooperation among involved state 
 and local agencies, and assist agencies and public officials in 
 training and other programs designed to improve the 
 effectiveness of prevention and supply reduction activities. 

    (c) The commissioner shall coordinate the distribution of 
 funds received by the state of Minnesota through the federal 
 Anti-Drug Abuse Act.  The commissioner shall determine 
 recipients of grants under section 299A.33, after consultation 
 with the Chemical Abuse Prevention Resource Council. 

    (d) The commissioner shall: 

    (1) after consultation with all state agencies involved in 
 prevention or supply reduction activities, develop a state 
 chemical abuse and dependency strategy encompassing the efforts 
 of those agencies and taking into account all money available 
 for prevention and supply reduction activities, from any source; 

    (2) submit the strategy to the governor by January 15 of 
 each year, along with a summary of prevention and supply 
 reduction activities during the preceding calendar year; 

    (3) assist appropriate professional and occupational 
 organizations, including organizations of law enforcement 
 officers, prosecutors, and educators, in developing and 
 operating informational and training programs to improve the 
 effectiveness of prevention and supply reduction activities; 

    (4) provide information, including information on drug 
 trends, and assistance to state and local agencies, both 
 directly and by functioning as a clearinghouse for information 
 from other agencies; 

    (5) facilitate cooperation among drug program agencies; and 

    (6) in coordination with the Chemical Abuse Prevention 
 Resource Council, review, approve, and coordinate the 
 administration of prevention, criminal justice, and treatment 
 grants. 

    HIST: 1989 c 290 art 9 s 2; 1991 c 328 art 2 s 14; 1991 c 279 
 s 14; 1991 c 345 art 2 s 51; 1992 c 571 art 10 s 20; 1Sp1995 c 3 
 art 16 s 13; 1997 c 7 art 2 s 10; 1999 c 86 art 1 s 28; 1999 c 
 216 art 2 s 1,28; 1999 c 241 art 10 s 8 

     299A.293 Chemical Abuse and Violence Prevention Council. 

    Subdivision 1.    Establishment; membership.  A Chemical 
 Abuse and Violence Prevention Council consisting of 19 members 
 is established.  The commissioners of public safety, education, 
 health, corrections, and human services, the director of the 
 Office of Strategic and Long-Range Planning, and the attorney 
 general shall each appoint one member from among their 
 employees.  The speaker of the house of representatives and the 
 Subcommittee on Committees of the senate shall each appoint a 
 legislative member.  The governor shall appoint an additional 
 ten members who shall represent the demographic and geographic 
 composition of the state and, to the extent possible, shall 
 represent the following:  public health; education including 
 preschool, elementary, and higher education; social services; 
 financial aid services; chemical dependency treatment; law 
 enforcement; prosecution; defense; the judiciary; corrections; 
 treatment research professionals; drug abuse prevention 
 professionals; the business sector; religious leaders; 
 representatives of racial and ethnic minority communities; and 
 other community representatives.  The members shall designate 
 one of the governor's appointees as chair of the council.  
 Compensation and removal of members are governed by section 
 15.059.  

    Subd. 2.    Acceptance of funds and donations.  The 
 council may accept federal money, gifts, donations, and bequests 
 for the purpose of performing the duties set forth in this 
 section and section 299A.294.  The council shall use its best 
 efforts to solicit funds from private individuals and 
 organizations to match state appropriations. 

    HIST: 1989 c 290 art 9 s 3; 1991 c 279 s 15; 1991 c 345 art 2 
 s 52; 1992 c 571 art 10 s 21; 1994 c 636 art 9 s 2; 1Sp1995 c 3 
 art 16 s 13; 1999 c 216 art 2 s 28; 1999 c 241 art 10 s 8; 2003 
 c 130 s 12 

     299A.294 Responsibilities of council. 

    Subdivision 1.    Purpose of council.  The general 
 purpose of the council is to serve as an advisory body to the 
 governor and the legislature on all aspects of alcohol and drug 
 abuse. 

    Subd. 2.    Specific duties and responsibilities.  In 
 furtherance of the general purpose specified in subdivision 1, 
 the council shall: 

    (1) assist state agencies in the coordination of drug 
 policies and programs and in the provision of services to other 
 units of government, communities, and citizens; 

    (2) promote among state agencies policies to achieve 
 uniformity in state and federal grant programs and to streamline 
 those programs; 

    (3) oversee comprehensive data collection and research and 
 evaluation of alcohol and drug program activities; 

    (4) seek the advice and counsel of appropriate interest 
 groups and advise the commissioner of public safety; 

    (5) seek additional private funding for community-based 
 programs and research and evaluation; 

    (6) evaluate whether law enforcement narcotics task forces 
 should be reduced in number and increased in geographic size, 
 and whether new sources of funding are available for the task 
 forces; 

    (7) continue to promote clarity of roles among federal, 
 state, and local law enforcement activities; and 

    (8) establish criteria to evaluate law enforcement drug 
 programs. 

    Subd. 3.    Grant programs.  The council shall, in 
 coordination with the commissioner, review and approve state 
 agency plans regarding the use of federal funds for programs to 
 reduce chemical abuse or reduce the supply of controlled 
 substances.  The appropriate state agencies would have 
 responsibility for management of state and federal drug grant 
 programs. 

    HIST: 1989 c 290 art 9 s 4; 1991 c 279 s 16; 1992 c 571 art 10 
 s 22,23; 1994 c 636 art 9 s 3; 1999 c 216 art 2 s 2,3,28; 1999 c 
 241 art 10 s 8 

     299A.295 Youth neighborhood centers; pilot projects. 

    Subdivision 1.    Establishment; requirements.  The 
 commissioner of public safety may establish pilot projects at 
 neighborhood centers serving youths between the ages of 11 to 
 21.  The centers may offer recreational activities, social 
 services, meals, job skills and career services, and provide 
 referrals for youths to other available services outside the 
 centers.  The commissioner may consult with other appropriate 
 agencies and, to the extent possible, use existing resources and 
 staff in creating the programs.  The commissioner shall ensure 
 that the programs, if offered, are adequately staffed by 
 specially trained personnel and outreach street workers.  Each 
 center may integrate community volunteers into the program's 
 activities and services and cooperate with local law enforcement 
 agencies.  The centers must be open during hours convenient to 
 youths including evenings, weekends, and extended summer hours.  
 However, there may not be any conflicts with truancy laws.  Each 
 center must have a plan for evaluation designed to measure the 
 program's effectiveness in aiding youths. 

    Subd. 2. Repealed, 2001 c 161 s 58 

    HIST: 1995 c 226 art 3 s 44; 1Sp1995 c 3 art 16 s 13; 1996 c 
 408 art 2 s 4; 1999 c 216 art 2 s 4,28; 1999 c 241 art 10 s 8 

     299A.296 Community crime prevention programs; grants. 

    Subdivision 1.    Programs.  The commissioner shall, in 
 consultation with the chemical abuse and violence prevention 
 council, administer a grant program to fund community-based 
 programs that are designed to enhance the community's sense of 
 personal security and to assist the community in its crime 
 control and prevention efforts.  Examples of qualifying programs 
 include, but are not limited to, the following: 

    (1) community-based programs designed to provide services 
 for children under 14 years of age who are juvenile offenders or 
 who are at risk of becoming juvenile offenders.  The programs 
 must give priority to: 

    (i) juvenile restitution; 

    (ii) prearrest or pretrial diversion, including through 
 mediation; 

    (iii) probation innovation; 

    (iv) teen courts, community service; or 

    (v) post-incarceration alternatives to assist youth in 
 returning to their communities; 

    (2) community-based programs designed to provide at-risk 
 children and youth under 14 years of age with after-school and 
 summer enrichment activities; 

    (3) community-based programs designed to discourage young 
 people from involvement in unlawful drug or street gang 
 activities, such as neighborhood youth centers; 

    (4) neighborhood block clubs and innovative community-based 
 crime prevention programs; 

    (5) community- and school-based programs designed to enrich 
 the educational, cultural, or recreational opportunities of 
 at-risk children and youth, including programs designed to keep 
 at-risk youth from dropping out of school and encourage school 
 dropouts to return to school; 

    (6) community-based programs designed to intervene with 
 juvenile offenders who are identified as likely to engage in 
 repeated criminal activity in the future unless intervention is 
 undertaken; 

    (7) community-based collaboratives that coordinate multiple 
 programs and funding sources to address the needs of at-risk 
 children and youth, including, but not limited to, 
 collaboratives that address the continuum of services for 
 juvenile offenders and those who are at risk of becoming 
 juvenile offenders; 

    (8) programs that are proven successful at increasing the 
 rate of school success or the rate of postsecondary education 
 attendance for high-risk students; 

    (9) community-based programs that provide services to 
 homeless youth; 

    (10) programs designed to reduce truancy; 

    (11) other community- and school-based crime prevention 
 programs that are innovative and encourage substantial 
 involvement by members of the community served by the program; 

    (12) community-based programs that attempt to prevent and 
 ameliorate the effects of teenage prostitution; 

    (13) programs for mentoring at-risk youth, including youth 
 at risk of gang involvement; and 

    (14) programs operated by community violence prevention 
 councils. 

    Subd. 2.    Grant procedure.  (a) A local unit of 
 government or a nonprofit community-based entity may apply for a 
 grant by submitting an application with the commissioner.  The 
 applicant shall specify the following in its application: 

    (1) a description of each program for which funding is 
 sought; 

    (2) outcomes and performance indicators for the program; 

    (3) a description of the planning process that identifies 
 local community needs, surveys existing programs, provides for 
 coordination with existing programs, and involves all affected 
 sectors of the community; 

    (4) the geographical area to be served by the program; 

    (5) statistical information as to the number of arrests in 
 the geographical area for violent crimes and for crimes 
 involving schedule I and II controlled substances.  "Violent 
 crime" includes a violation of or an attempt or conspiracy to 
 violate any of the following laws:  sections 609.185; 609.19; 
 609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 
 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 
 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 
 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 
 subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 
 609.687; or any provision of chapter 152 that is punishable by a 
 maximum sentence greater than ten years; and 

    (6) the number of economically disadvantaged youth in the 
 geographical areas to be served by the program. 

    (b) The commissioner shall give priority to funding 
 community-based collaboratives, programs that demonstrate 
 substantial involvement by members of the community served by 
 the program and programs that either serve the geographical 
 areas that have the highest crime rates, as measured by the data 
 supplied under paragraph (a), clause (4), or serve geographical 
 areas that have the largest concentrations of economically 
 disadvantaged youth.  Up to 2.5 percent of the appropriation may 
 be used by the commissioner to administer the program. 

    HIST: 1989 c 290 art 9 s 7; 1990 c 499 s 4; 1991 c 279 s 18; 
 1993 c 326 art 12 s 4,5; art 13 s 18; 1994 c 576 s 38,39; 1994 c 
 636 art 6 s 22; art 9 s 5; 1995 c 226 art 4 s 4; 1996 c 408 art 
 2 s 5; 1997 c 2 s 5; 1997 c 162 art 2 s 10; 1999 c 216 art 2 s 
 28; 1999 c 241 art 10 s 8 

     299A.297 Other duties. 

    The commissioner of public safety, in consultation with the 
 Chemical Abuse and Violence Prevention Council, shall: 

    (1) provide information and assistance upon request to 
 school preassessment teams established under section 121A.26 and 
 school and community advisory teams established under section 
 121A.27; 

    (2) provide information and assistance upon request to the 
 State Board of Pharmacy with respect to the board's enforcement 
 of chapter 152; 

    (3) cooperate with and provide information and assistance 
 upon request to the alcohol and other drug abuse section in the 
 Department of Human Services; 

    (4) coordinate the policy of the office with that of the 
 Narcotic Enforcement Unit in the Bureau of Criminal 
 Apprehension; and 

    (5) coordinate the activities of the regional drug task 
 forces, provide assistance and information to them upon request, 
 and assist in the formation of task forces in areas of the state 
 in which no task force operates. 

    HIST: 1989 c 290 art 9 s 8; 1989 c 356 s 57; 1991 c 279 s 19; 
 1992 c 571 art 10 s 25; 1994 c 636 art 9 s 6; 1998 c 397 art 11 
 s 3; 1999 c 216 art 2 s 6,28; 1999 c 241 art 10 s 8 

     299A.298 Cooperation of other agencies. 

    State agencies, and agencies and governing bodies of 
 political subdivisions, shall cooperate with the commissioner of 
 public safety and shall provide any public information requested 
 by the commissioner. 

    HIST: 1989 c 290 art 9 s 9; 1999 c 216 art 2 s 7,28; 1999 c 
 241 art 10 s 8 

     299A.299 Multidisciplinary chemical abuse prevention 
  team. 

    Subdivision 1.    Establishment of team.  A county, a 
 multicounty organization of counties formed by an agreement 
 under section 471.59, or a city with a population of no more 
 than 50,000, may establish a multidisciplinary chemical abuse 
 prevention team.  The chemical abuse prevention team may 
 include, but not be limited to, representatives of health, 
 mental health, public health, law enforcement, educational, 
 social service, court service, community education, religious, 
 and other appropriate agencies, and parent and youth groups.  
 For purposes of this section, "chemical abuse" has the meaning 
 given in Minnesota Rules, part 9530.6605, subpart 6.  When 
 possible the team must coordinate its activities with existing 
 local groups, organizations, and teams dealing with the same 
 issues the team is addressing. 

    Subd. 2.    Duties of team.  (a) A multidisciplinary 
 chemical abuse prevention team shall: 

    (1) assist in coordinating chemical abuse prevention and 
 treatment services provided by various groups, organizations, 
 and agencies in the community; 

    (2) disseminate information on the chemical abuse 
 prevention and treatment services that are available within the 
 community in which the team is established; 

    (3) develop and conduct educational programs on chemical 
 abuse prevention for adults and youth within the community in 
 which the team is established; 

    (4) conduct activities to address other high-risk behaviors 
 related to chemical abuse, including, but not limited to, 
 suicide, delinquency, and family violence; and 

    (5) conduct other appropriate chemical abuse prevention 
 activities. 

    (b) The team, in carrying out its duties under this 
 subdivision, must focus on chemical abuse issues and needs 
 unique to the community in which the team is established.  In 
 defining the needs and goals of the team, the team shall consult 
 with the governmental body of the city or county in which the 
 team is established.  When a team is established in a 
 multicounty area, the team shall consult with representatives of 
 the county boards of each county. 

    (c) The team, in carrying out its duties, shall comply with 
 the Government Data Practices Act in chapter 13, and 
 requirements for confidentiality of records under Code of 
 Federal Regulations, title 42, sections 2.1 to 2.67, as amended 
 through December 31, 1988, and section 254A.09. 

    Subd. 3.    Grants for demonstration program.  The 
 commissioner of public safety may award a grant to a county, 
 multicounty organization, or city, as described in subdivision 
 1, for establishing and operating a multidisciplinary chemical 
 abuse prevention team.  The commissioner may approve up to five 
 applications for grants under this subdivision.  The grant funds 
 must be used to establish a multidisciplinary chemical abuse 
 prevention team to carry out the duties in subdivision 2. 

    Subd. 4.    Administration of grants.  The commissioner 
 shall develop a process for administering grants under 
 subdivision 3.  The process must be compatible with the 
 community grant program under the Drug Free Schools and 
 Communities Act, Public Law 100-690.  The process for 
 administering the grants must include establishing criteria the 
 commissioner shall apply in awarding grants.  The commissioner 
 shall issue requests for proposals for grants under subdivision 
 3.  The request must be designed to obtain detailed information 
 about the applicant and other information the commissioner 
 considers necessary to evaluate and select a grant recipient.  
 The applicant shall submit a proposal for a grant on a form and 
 in a manner prescribed by the commissioner.  The commissioner 
 shall award grants under this section so that 50 percent of the 
 funds appropriated for the grants go to the metropolitan area 
 comprised of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
 Washington counties, and 50 percent of the funds go to the area 
 outside the metropolitan area.  The process for administering 
 the grants must also include procedures for monitoring the 
 recipients' use of grant funds and reporting requirements for 
 grant recipients. 

    HIST: 1989 c 290 art 12 s 1; 1991 c 345 art 2 s 53; 1999 c 216 
 art 2 s 8,9,28; 1999 c 241 art 10 s 8 

     299A.2994 Asian-American juvenile crime prevention. 

    Subdivision 1.    Grant program.  The commissioner of 
 public safety shall establish a grant program for coordinated, 
 family-based crime intervention and prevention services for 
 Asian-American youth.  The commissioners of human services, 
 education, and public safety shall work together to coordinate 
 grant activities. 

    Subd. 2.    Grant recipients.  The commissioner, in 
 consultation with the Asian-Pacific Council, shall award grants 
 in amounts up to $150,000 to agencies based in the 
 Asian-American community that have experience providing 
 coordinated, family-based community services to Asian-American 
 youth and families. 

    Subd. 3.    Project design.  Projects eligible for 
 grants under this section must provide coordinated crime 
 intervention, prevention, and educational services that include: 

    (1) education for Asian-American parents, including 
 parenting methods in the United States and information about the 
 United States legal and educational systems; 

    (2) crime intervention and prevention programs for 
 Asian-American youth, including employment and career-related 
 programs and guidance and counseling services; 

    (3) family-based services, including support networks, 
 language classes, programs to promote parent-child 
 communication, access to education and career resources, and 
 conferences for Asian-American children and parents; 

    (4) coordination with public and private agencies to 
 improve communication between the Asian-American community and 
 the community at large; and 

    (5) hiring staff to implement the services in clauses (1) 
 to (4). 

    Subd. 4.    Use of grant money to match federal funds.  
 Grant money awarded under this section may be used to satisfy 
 any state or local match requirement that must be satisfied in 
 order to receive federal funds. 

    Subd. 5.    Annual report.  Grant recipients must report 
 to the commissioner by June 30 of each year on the services and 
 programs provided, expenditures of grant money, and an 
 evaluation of the program's success in reducing crime among 
 Asian-American youth. 

    HIST: 1992 c 571 art 10 s 16; 1993 c 326 art 12 s 3; 1Sp1995 c 
 3 art 16 s 13; 1999 c 216 art 2 s 10,11,28; 2003 c 130 s 12 

  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 education; 

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

    (5) three representatives of education appointed by the 
 commissioner of education; 

    (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; 2003 c 130 s 
 12 

  299A.34 Renumbered 119A.30 

  299A.35 Renumbered 119A.31 

  299A.36 Renumbered 119A.32 

  299A.37 Renumbered 119A.33 

SOFT BODY ARMOR REIMBURSEMENT

     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 

PUBLIC SAFETY OFFICER'S SURVIVOR BENEFITS

     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) fire fighting; 

    (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 fire-fighting 
 corporation who is engaged in the hazards of fire fighting; 

    (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; 

    (8) a first responder who is certified by the emergency 
 medical services regulatory board to perform basic emergency 
 skills before the arrival of a licensed ambulance service and 
 who is a member of an organized service recognized by a local 
 political subdivision to respond to medical emergencies to 
 provide initial medical care before the arrival of an ambulance; 
 and 

    (9) a person, other than a state trooper, employed by the 
 commissioner of public safety and assigned to the State Patrol, 
 whose primary employment is the enforcement of commercial motor 
 vehicle laws and regulations. 

    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; 1Sp2001 c 8 art 2 s 66 

     299A.411 Posttraumatic stress syndrome benefit. 

    (a) A law enforcement agency shall provide benefits to any 
 peace officer, as defined in section 626.84, subdivision 1, 
 paragraph (c), employed by the agency who: 

    (1) suffers a debilitating psychological reaction to a 
 traumatic event; 

    (2) is diagnosed by a psychiatrist or a licensed 
 psychologist as suffering from posttraumatic stress syndrome; 
 and 

    (3) is determined by a psychiatrist or a licensed 
 psychologist to be unable to perform other peace officer job 
 duties offered by the employer through reassignment. 

 A peace officer who meets all of the conditions of this 
 paragraph is entitled to the benefits described in paragraph 
 (b).  A peace officer who meets the conditions in clauses (1) 
 and (2) is entitled to the benefits in paragraph (b), clause 
 (2).  The availability of benefits does not depend on whether 
 there is also an accompanying physical injury or physical cause 
 of the condition. 

    (b) The benefits provided by the law enforcement agency 
 shall include: 

    (1) payment by the employer for unreimbursed loss of wages 
 during the time period the officer is disabled, but not to 
 exceed one year; and 

    (2) payment by the employer for unreimbursed expenses for 
 medical treatment, including psychiatric or psychological 
 counseling, to cure and relieve the effects of the posttraumatic 
 stress syndrome during the time period the officer is disabled, 
 but not to exceed one year. 

    (c) The employer may request a peace officer to undergo an 
 examination by a psychiatrist or licensed psychologist selected 
 by the employer. 

    (d) As used in this section, "traumatic event" means an 
 event involving the employee lawfully taking the life of or 
 causing great bodily harm, as defined in section 609.02, 
 subdivision 8, to another by force or violence.  "Debilitating 
 psychological reaction" means that, following the traumatic 
 event, the peace officer is unable to perform the essential 
 functions of the peace officer's job without reassignment. 

    HIST: 1999 c 216 art 5 s 3 

     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.  Money in the 
 account that is not expended in the fiscal year in which it is 
 transferred or appropriated does not revert to the general fund 
 until claims for reimbursement under section 299A.465 that are 
 submitted in that fiscal year are either paid or denied. 

    HIST: 1990 c 591 art 5 s 2; 1Sp2003 c 2 art 4 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, 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, to the public safety officer's estate.  

    (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; 1Sp2003 c 2 art 4 s 3 

     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 ten 
 semesters or the equivalent, whichever occurs first, are no 
 longer eligible. 

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

    (1) the average tuition and fees charged by the 
 institution; or 

    (2) the tuition maximums established by law for the state 
 grant program under section 136A.121. 

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

    (c) For the purposes of this subdivision, "fees" include 
 only those fees that are mandatory and charged to all students 
 attending the institution.  

    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 eight semesters 
 or the 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; 1Sp2001 c 1 art 2 s 20,21; 2003 c 133 art 3 s 26 

     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, 
 including the officer's or firefighter's spouse: 

    (1) 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; or 

    (2) if the officer's or firefighter's spouse was not 
 covered as a dependent at the time of the officer's or 
 firefighter's death, but at that time was eligible, or afterward 
 becomes eligible, to be a dependent on 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 by August 1 
 for the preceding fiscal year to the commissioner of public 
 safety for reimbursement to help defray a portion of its costs 
 of complying with this section.  The commissioner shall provide 
 an equal pro rata share to the public employer out of the public 
 safety officer's benefit account based on the availability of 
 funds for each eligible officer, firefighter, and qualifying 
 dependents.  Individual shares must not exceed the actual costs 
 of providing coverage under this section by a public employer. 

    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 Minnesota 
 Statutes 2000, section 424.03, but does not include volunteer 
 firefighters. 

    HIST: 1997 c 239 art 8 s 6; 1999 c 12 s 1; 2002 c 392 art 1 s 
 8; 1Sp2003 c 2 art 4 s 4; 1Sp2003 c 19 art 2 s 49 

     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 

HAZARDOUS MATERIALS INCIDENT RESPONSE

     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 (1) trained, equipped, and 
 authorized to evaluate and, when possible, provide simple 
 mitigation to a hazardous materials incident and (2) required to 
 recommend to the local incident manager 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 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 or 
 intentionally 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, chemical and 
 biological substances, and toxic or 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; 2003 c 39 s 1,2 

     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 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 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; 2003 c 39 s 
 3,4 

     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 

ANTICRIME PROGRAMS

     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, including its employees or company 
 agents, that provides or reasonably attempts to provide stolen, 
 forged, or fraudulent check information for use by the crime 
 alert network, check verification services, consumer reporting 
 agencies, or by law enforcement agencies that are 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; 
 2000 c 354 s 1 

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

    Subdivision 1.    Program established.  (a) A 
 community-oriented policing grant program is established under 
 the administration of the commissioner of public safety. 

    (b) 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; 

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

    (3) to enable local law enforcement agencies to implement 
 or expand community-oriented policing projects, liaison efforts 
 with local school districts, and other innovative community 
 policing initiatives. 

    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, paragraph (b), 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:  (1) community-oriented 
 policing duties; or (2) 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, paragraph (b), 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, 
 paragraph (b), 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, paragraph (b), 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.  (a) 
 Grant recipients who receive grants under subdivision 1, 
 paragraph (b), 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. 

    (b) 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; 1999 c 216 art 2 s 13 

     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 

CRIMINAL GANG COUNCIL AND STRIKE FORCE

     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; 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.  (a) 
 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. 

    (b) 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. 

    (c) 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.  This annual report 
 shall include: 

    (1) a description of the council's goals for the previous 
 year and for the coming year; 

    (2) a description of the outcomes the council achieved or 
 did not achieve during the preceding year and a description of 
 the outcomes the council will seek to achieve during the coming 
 year; and 

    (3) any legislative recommendations the council has 
 including, where necessary, a description of the specific 
 legislation needed to implement the recommendations. 

    HIST: 1997 c 239 art 8 s 8; 1999 c 216 art 5 s 4; 1Sp2001 c 8 
 art 5 s 4 

     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 

FINANCIAL CRIMES INVESTIGATION

     299A.68 Minnesota Financial Crimes Task Force. 

    Subdivision 1.    Task force established.  The Minnesota 
 Financial Crimes Task Force is established to investigate major 
 financial crimes.  Local law enforcement agencies, federal law 
 enforcement agencies, and state and federal prosecutor's offices 
 may join the Minnesota Financial Crimes Task Force, subject to 
 the provisions of this section. 

    Subd. 2.    Task force's duties.  (a) The task force 
 shall investigate consumer identity theft cases and reported 
 financial crimes from individuals and businesses that are 
 victims of such crimes.  

    (b) The task force shall focus on financial crimes 
 including, but not limited to, statewide crimes such as:  theft, 
 fraud, and forgery crimes, including identity theft, check 
 forgery, fraud in obtaining credit, financial transaction card 
 fraud, theft from merchants, possession or sale of stolen or 
 counterfeit checks, issuance of dishonored checks, creation or 
 use of counterfeit state identification, obtaining counterfeit 
 state identification, fraudulent Internet transactions, 
 fraudulent merchandise returns, investment fraud, insurance 
 fraud, vehicle insurance fraud, financial institution fraud, 
 fraud related to state or federal programs, tax fraud, mail and 
 wire fraud, and other related financial crimes.  

    (c) In particular, the task force shall investigate 
 individuals and organizations, based on their criminal activity, 
 that: 

    (1) commit multiple, cross-jurisdictional, financial 
 crimes; 

    (2) employ computers and other sophisticated technology to 
 counterfeit documents or commit fraud; or 

    (3) illegally obtain consumer information for identity 
 theft. 

    Subd. 3.    Role of participating agencies.  (a) The 
 agencies that participate in the statewide Financial Crimes Task 
 Force shall oversee the task force's operation by establishing 
 procedures and guidelines in an agreement.  The agreement must 
 be addressed in a memorandum of understanding and signed by the 
 person in charge of each participating agency of government.  
 The memorandum of understanding must address the following: 

    (1) the command structure of the task force; 

    (2) acquisition and liquidation of equipment, office space, 
 and transportation; 

    (3) procedures for contracting for necessary administrative 
 support; 

    (4) selection and assignment of members; 

    (5) transfer of task force members; 

    (6) resolution of disputes between participating agencies; 

    (7) requirements and procedures for all workers' 
 compensation and other liability to remain the responsibility of 
 each member's employing agency; 

    (8) disposition of assets and debts if the task force is 
 disbanded; and 

    (9) all other issues deemed pertinent by the participating 
 agencies. 

    (b) Federal law enforcement agencies participating in the 
 task force must be signatories to the memorandum of 
 understanding.  Federal law enforcement agencies and officers 
 participating in the task force may not participate in the 
 selection of the statewide commander or receive any funding for 
 agents' salaries, benefits, or overtime. 

    Subd. 4.    Statewide commander.  The participating 
 local agencies shall select a commander to direct the task 
 force.  The commander shall make tactical decisions regarding 
 the commencement, continuation, and conclusion of investigations 
 of crimes in consultation with agencies participating in the 
 task force.  The commander shall also report annually to the 
 commissioner of public safety as required in subdivision 10. 

    Subd. 5.    Members; employment status.  All law 
 enforcement officers selected to join the task force must be 
 licensed peace officers under section 626.84, subdivision 1, or 
 qualified federal law enforcement officers as defined in section 
 626.8453.  Members remain employees of the same entity that 
 employed them before joining the task force.  Compensation, 
 personnel evaluations, grievances, merit increases, and 
 liability insurance coverage, such as general, personal, 
 vehicle, and professional liability insurance, must be covered 
 by each member's employing agency.  Members of the Financial 
 Crimes Task Force are not employees of the state. 

    Subd. 6.    Jurisdiction and powers.  Law enforcement 
 officers who are members of the task force have statewide 
 jurisdiction to conduct criminal investigations into financial 
 crimes as described in subdivision 2. 

    Officers assigned to the Financial Crimes Task Force shall 
 follow their county arrest procedures, booking processes, 
 reporting processes, county attorney charging requirements, and 
 appropriate notification protocols to local and county sheriff 
 agencies where arrests are made and search warrants executed.  
 The commander of the task force is responsible for ensuring 
 compliance with applicable local practices and procedures. 

    Subd. 6a.    Regional offices.  The commander, as 
 funding permits, may establish seven regional offices of the 
 task force to investigate financial crimes throughout the state 
 and the regional areas.  The regional offices must originally be 
 established based on current state judicial districts, with one 
 regional office covering the First, Second, Fourth, and Tenth 
 Judicial Districts.  The commander must establish a separate 
 regional office in each of the Third, Fifth, Sixth, Seventh, 
 Eighth, and Ninth Judicial Districts.  The regional offices must 
 be composed of participating agencies from each of the 
 designated geographic areas.  In consultation with the 
 commander, the participating agencies of each regional office 
 must select a supervisor to direct the office.  The regional 
 office supervisors must report to the commander.  If necessary, 
 the advisory committee established in subdivision 8 may modify 
 the geographic boundary of a regional office. 

    Subd. 7.    Collaboration with other prosecutorial and law 
 enforcement offices.  To the greatest degree possible, the 
 task force shall cooperate and collaborate with existing 
 prosecutorial offices and law enforcement agencies. 

    Subd. 8.    Budget; advisory committee; fund allocation 
 and use.  (a) The statewide commander shall establish an 
 operational budget and present it to an advisory committee for 
 approval.  Grants awarded to participating local agencies must 
 be approved by the advisory committee.  The advisory committee 
 must be composed of the statewide commander, a county attorney 
 from the metro area, a county attorney from greater Minnesota, 
 and the three chiefs of police or sheriffs from the local law 
 enforcement agencies that have the longest continuous 
 participation in the task force.  The committee shall appoint a 
 chair from among its members.  The statewide commander must not 
 be the chair of the committee.  The committee may adopt 
 procedures to govern its conduct if necessary.  A committee 
 member may appoint a designee to take the member's place.  The 
 advisory committee shall oversee and select a fiscal agent 
 qualified to handle financial accounting of task force funding.  
 The task force shall be assigned an originating reporting number 
 for case tracking and reporting purposes. 

    (b) A participating local agency may seek a grant for 
 reimbursement for the time and resources that a peace officer, 
 investigator, detective, prosecutor, and administrative staff 
 dedicate to the task force, or for any other task force-related 
 purposes as described in paragraph (d).  In order to receive a 
 grant under this subdivision, a participating local agency must 
 provide a 20 percent match in nonstate funds or in-kind 
 contributions either directly from its budget or from businesses 
 directly donating support.  A participating employee shall 
 remain an employee of the contributing agency. 

    (c) For purposes of this subdivision, an "in-kind 
 contribution" means any asset contribution or personnel costs 
 not funded by this section, including office supplies, 
 furniture, office space, computers, software, equipment, 
 surveillance tools, and personnel benefits.  It also includes 
 contributions from federal agencies, businesses, nonprofit 
 organizations, individuals, or legal entities used for general 
 operations support and not directed toward the case of a 
 particular victim or business. 

    (d) Task force funds may be used for any task force-related 
 purpose including salaries, overtime, administration, office 
 costs, law enforcement equipment, computers, software, vehicle 
 expenses, travel, and training. 

    (e) The commissioner shall transfer all funds to the task 
 force from financial contributions and grants designated to the 
 task force for the purposes described in this section. 

    Subd. 9.    Forfeiture.  Property seized by the task 
 force is subject to forfeiture pursuant to sections 609.531, 
 609.5312, 609.5313, and 609.5315 if ownership cannot be 
 established.  The task force shall receive the proceeds from the 
 sale of all property that it properly seizes and that is 
 forfeited. 

    Subd. 10.    Required reports.  Beginning July 1, 2003, 
 the commander of the task force shall report annually to the 
 commissioner on the activities of the task force. 

    Subd. 11.    Task force is permanent.  Notwithstanding 
 section 15.059, this section does not expire. 

    Subd. 12.    Matching federal dollars.  The task force 
 may accept grants or contributions from any federal source or 
 legal business or entity.  

    HIST: 1Sp2001 c 8 art 5 s 5; 2003 c 36 s 1 

MOTOR VEHICLE ACCOUNT

     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 

JUVENILE PROSTITUTION LAW ENFORCEMENT TRAINING

     299A.71 Combating juvenile prostitution; prevention 
  grants. 

    Subdivision 1.    Establishment.  A grant program is 
 established for enhanced law enforcement efforts and peace 
 officer education and training to combat juvenile prostitution.  
 The goal of the grants is to provide peace officers with the 
 knowledge and skills to recognize individuals who sexually 
 exploit youth, charge and prosecute these individuals for 
 promotion and solicitation of prostitution, and effectively 
 communicate with the victims of juvenile prostitution. 

    Subd. 2.    Eligibility.  The commissioner of public 
 safety shall make juvenile prostitution prevention grants to 
 local law enforcement agencies to provide enhanced efforts 
 targeted to juvenile prostitution and training and staff 
 development relating to the prevention of juvenile 
 prostitution.  The law enforcement agency must utilize all of 
 the grant funding received for efforts to combat juvenile 
 prostitution. 

    Subd. 3.    Grant application.  A local law enforcement 
 agency must submit an application to the commissioner of public 
 safety in the form and manner the commissioner establishes. 

    HIST: 2000 c 488 art 6 s 6 

AUTOMOBILE THEFT PREVENTION

     299A.75 Automobile theft prevention program. 

    Subdivision 1.    Program described; commissioner's 
 duties.  (a) The commissioner of public safety shall: 

    (1) develop and sponsor the implementation of statewide 
 plans, programs, and strategies to combat automobile theft, 
 improve the administration of the automobile theft laws, and 
 provide a forum for identification of critical problems for 
 those persons dealing with automobile theft; 

    (2) coordinate the development, adoption, and 
 implementation of plans, programs, and strategies relating to 
 interagency and intergovernmental cooperation with respect to 
 automobile theft enforcement; 

    (3) annually audit the plans and programs that have been 
 funded in whole or in part to evaluate the effectiveness of the 
 plans and programs and withdraw funding should the commissioner 
 determine that a plan or program is ineffective or is no longer 
 in need of further financial support from the fund; 

    (4) develop a plan of operation including: 

    (i) an assessment of the scope of the problem of automobile 
 theft, including areas of the state where the problem is 
 greatest; 

    (ii) an analysis of various methods of combating the 
 problem of automobile theft; 

    (iii) a plan for providing financial support to combat 
 automobile theft; 

    (iv) a plan for eliminating car hijacking; and 

    (v) an estimate of the funds required to implement the 
 plan; and 

    (5) distribute money pursuant to subdivision 3 from the 
 automobile theft prevention special revenue account for 
 automobile theft prevention activities, including: 

    (i) paying the administrative costs of the program; 

    (ii) providing financial support to the State Patrol and 
 local law enforcement agencies for automobile theft enforcement 
 teams; 

    (iii) providing financial support to state or local law 
 enforcement agencies for programs designed to reduce the 
 incidence of automobile theft and for improved equipment and 
 techniques for responding to automobile thefts; 

    (iv) providing financial support to local prosecutors for 
 programs designed to reduce the incidence of automobile theft; 

    (v) providing financial support to judicial agencies for 
 programs designed to reduce the incidence of automobile theft; 

    (vi) providing financial support for neighborhood or 
 community organizations or business organizations for programs 
 designed to reduce the incidence of automobile theft and to 
 educate people about the common methods of automobile theft, the 
 models of automobiles most likely to be stolen, and the times 
 and places automobile theft is most likely to occur; and 

    (vii) providing financial support for automobile theft 
 educational and training programs for state and local law 
 enforcement officials, driver and vehicle services exam and 
 inspections staff, and members of the judiciary. 

    (b) The commissioner may not spend in any fiscal year more 
 than ten percent of the money in the fund for the program's 
 administrative and operating costs.  The commissioner is 
 annually appropriated and must distribute the amount of the 
 proceeds credited to the automobile theft prevention special 
 revenue account each year, less the transfer of $1,300,000 each 
 year to the general fund described in section 168A.40, 
 subdivision 4. 

    Subd. 2.    Annual report.  By January 15 of each year, 
 the commissioner shall report to the governor and legislature on 
 the activities and expenditures in the preceding year. 

    Subd. 3.    Grant criteria; application.  (a) A county 
 attorney's office, law enforcement agency, neighborhood 
 organization, community organization, or business organization 
 may apply for a grant under this section.  Multiple offices or 
 agencies within a county may apply for a grant under this 
 section. 

    (b) The commissioner must develop criteria for the fair 
 distribution of grants from the automobile theft prevention 
 account that address the following factors: 

    (1) the number of reported automobile thefts per capita in 
 a city, county, or region, not merely the total number of 
 automobile thefts; 

    (2) the population of the jurisdiction of the applicant 
 office or agency; 

    (3) the total funds distributed within a county or region; 
 and 

    (4) the statewide interest in automobile theft reduction. 

    (c) The commissioner may give priority to: 

    (1) offices and agencies engaged in a collaborative effort 
 to reduce automobile theft; and 

    (2) counties or regions with the greatest rates of 
 automobile theft. 

    (d) The minimum amount of a grant award is $5,000.  After 
 considering the automobile theft rate and total population of an 
 applicant's jurisdiction, if a grant award, as determined under 
 the criteria and priorities in this subdivision, would be less 
 than $5,000, it must not be awarded. 

    Subd. 4.    Advisory board; creation; membership.  An 
 Automobile Theft Prevention Advisory Board is established to 
 advise the commissioner on the distribution of grants under this 
 section.  The board must consist of seven members appointed by 
 the commissioner and must include representatives of law 
 enforcement, prosecuting agencies, automobile insurers, and the 
 public.  The commissioner must annually select a chair from 
 among its members.  

    HIST: 2000 c 488 art 6 s 7; 1Sp2001 c 8 art 5 s 6-8; 2002 c 
 220 art 7 s 12 

SUICIDE STATISTICS

     299A.76 Suicide statistics. 

    (a) The commissioner of public safety shall not: 

    (1) include any statistics on committing suicide or 
 attempting suicide in any compilation of crime statistics 
 published by the commissioner; or 

    (2) label as a crime statistic, any data on committing 
 suicide or attempting suicide. 

    (b) This section does not apply to the crimes of aiding 
 suicide under section 609.215, subdivision 1, or aiding 
 attempted suicide under section 609.215, subdivision 2, or to 
 statistics on a suicide directly related to the commission of a 
 crime. 

    HIST: 1Sp2001 c 9 art 13 s 17; 2002 c 379 art 1 s 113 

ALCOHOL ENFORCEMENT ACCOUNT

     299A.77 Alcohol enforcement account; appropriation. 

    (a) An alcohol enforcement account is created in the 
 special revenue fund, consisting of money credited to the 
 account by law.  Money in the account may be appropriated by law 
 for (1) costs of the Alcohol and Gambling Division related to 
 administration and enforcement of sections 340A.403, subdivision 
 4; 340A.414, subdivision 1a; and 340A.504, subdivision 7; and 
 (2) costs of the State Patrol. 

    (b) The commissioner shall transfer from the account to the 
 trunk highway fund $3,500,000 in fiscal year 2004 and $3,700,000 
 in fiscal year 2005, or so much thereof as is necessary to pay 
 costs of adding State Patrol positions. 

    HIST: 1Sp2003 c 19 art 2 s 50 

*   NOTE:  This section as added by Laws 2003, First Special 
*Session chapter 19, article 2, section 50, is repealed July 1, 
*2005, provided that the commissioner of revenue has made the 
*report to the secretary of state of the determination described 
*in Laws 2003, First Special Session chapter 19, article 2, 
*section 76, paragraph (b), by that date.  If no such 
*determination has been made by that date, this section remains 
*in effect.  Laws 2003, First Special Session chapter 19, article 
*2, section 79, subdivision 3.

ADMINISTRATIVE PENALTIES AND REMEDIES

     299A.80 Administrative powers and penalties; general. 

    Subdivision 1.    Definitions.  (a) For purposes of 
 sections 299A.80 to 299A.802, the terms defined in this 
 subdivision have the meanings given them. 

    (b) "Administrative agent" means a person or entity 
 licensed by or granted authority by the commissioner of public 
 safety under: 

    (1) section 168.33 as a deputy registrar; 

    (2) section 168C.11 as a deputy registrar of bicycles; or 

    (3) section 171.061 as a driver's license agent. 

    (c) "Other authority" means licenses, orders, stipulation 
 agreements, settlements, or compliance agreements adopted or 
 issued by the commissioner of public safety. 

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

    (e) "License" means a license, permit, registration, 
 appointment, or certificate issued or granted to an 
 administrative agent by the commissioner of public safety. 

    Subd. 2.    Applicability.  Sections 299A.80 to 299A.802 
 apply to administrative agents licensed by or subject to other 
 authority of the commissioner. 

    Subd. 3.    Cumulative remedy.  The authority of the 
 commissioner to issue a corrective order or assess an 
 administrative penalty under sections 299A.80 to 299A.802 is in 
 addition to other remedies available under statutory or common 
 law, except that the state may not seek a civil penalty under 
 any other law for a violation covered by an administrative 
 penalty order.  The payment of a penalty does not preclude the 
 use of other enforcement provisions, under which civil fines are 
 not assessed, in connection with the violation for which the 
 penalty was assessed. 

    Subd. 4.    Access to information and property.  The 
 commissioner, an employee, or an agent authorized by the 
 commissioner, upon presentation of credentials, may: 

    (1) examine and copy any books, papers, records, memoranda, 
 or data of an administrative agent; and 

    (2) enter upon any property where an administrative agent 
 conducts its place of business to take actions authorized under 
 statute, rule, or other authority, including (i) obtaining 
 information from an administrative agent who has a duty to 
 provide information under statute, rule, or other authority, (ii)
 taking steps to remedy violations, or (iii) conducting surveys 
 or investigations. 

    Subd. 5.    False information.  (a) An administrative 
 agent may not: 

    (1) make a false material statement, representation, or 
 certification in a required document; 

    (2) omit material information from a required document; or 

    (3) alter, conceal, or fail to file or maintain a required 
 document. 

    (b) In this section, "required document" means a notice, 
 application, record, report, plan, or other document required 
 under statute, rule, or other authority. 

    Subd. 6.    Enforcement.  (a) The attorney general may 
 proceed on behalf of the state to enforce administrative 
 penalties that are due and payable under section 299A.802 in any 
 manner provided by law for the collection of debts. 

    (b) The attorney general may petition the district court to 
 file a final administrative penalty order as an order of the 
 court.  At any court hearing to enforce a final administrative 
 penalty order, the only issues the parties may contest are 
 procedural and notice issues.  Once entered, the administrative 
 penalty order may be enforced in the same manner as a final 
 judgment of the district court.  This paragraph does not 
 preclude district court review of the merits of an 
 administrative penalty order if the order is appealed by the 
 administrative agent under section 299A.802, subdivision 5. 

    (c) If an administrative agent fails to pay an 
 administrative penalty, the attorney general may bring a civil 
 action in district court seeking payment of the penalty, 
 injunctive relief, or other appropriate relief including 
 monetary damages, attorney fees, costs, and interest. 

    Subd. 7.    Recovery of reasonable costs and attorney 
 fees.  (a) In any judicial action brought by the attorney 
 general for civil penalties, injunctive relief, or an action to 
 compel performance pursuant to this section, if the state 
 finally prevails, and if the proven violation was willful, the 
 state, in addition to other penalties provided by law, may be 
 allowed an amount determined by the court to be the reasonable 
 value of all or part of the costs and attorney fees incurred by 
 the state or the prevailing party.  In determining the amount of 
 the reasonable costs and attorney fees to be allowed, the court 
 must give consideration to the economic circumstances of the 
 defendant. 

    (b) However, if a defendant prevails, the court may award 
 the reasonable value of all or part of the reasonable costs and 
 attorney fees incurred by the defendant. 

    Subd. 8.    Education and compliance account; money 
 allocated.  An education and compliance account is created for 
 the deposit of administrative penalty order receipts.  Of the 
 funds deposited in this account, $5,000 each year is 
 appropriated to the commissioner for education and compliance 
 activities related to the regulated parties affected by this 
 chapter.  At the end of each biennium, all money not expended 
 lapses to the general fund. 

    Subd. 9.    Plan for using penalty order or cease and 
 desist authority.  The commissioner shall prepare a plan for 
 using the administrative penalty order and cease and desist 
 authority in this section.  The commissioner shall provide a 
 30-day period for public comment on the plan.  The plan must be 
 finalized by July 1, 2004, and may be modified as necessary upon 
 subsequent notice and opportunity for comment. 

    HIST: 1Sp2003 c 19 art 2 s 51 

     299A.801 Corrective orders and injunctions. 

    Subdivision 1.    Corrective order.  (a) Before seeking 
 an administrative penalty order under section 299A.802, the 
 commissioner must issue a corrective order that requires the 
 administrative agent to correct the violation of statute, rule, 
 or other authority.  The corrective order must state the 
 deficiencies that constitute the violation of the specific 
 statute, rule, or other authority, and the time by which the 
 violation must be corrected.  In addition to service by 
 certified mail on the administrative agent, a copy of the 
 corrective order must be given to the county auditor in the 
 county where the administrative agent is located.  

    (b) The administrative agent to whom the corrective order 
 was issued shall provide information to the commissioner, by the 
 due date stated in the corrective order, demonstrating that the 
 violation has been corrected or that the administrative agent 
 has developed a corrective plan acceptable to the commissioner.  
 The commissioner must determine whether the violation has been 
 corrected and notify the administrative agent subject to the 
 order of the commissioner's determination. 

    (c) If the administrative agent believes that the 
 information contained in the commissioner's corrective order is 
 in error, the administrative agent may ask the commissioner to 
 reconsider the parts of the corrective order that are alleged to 
 be in error.  The request must: 

    (1) be in writing; 

    (2) be delivered to the commissioner by certified mail 
 within seven calendar days after receipt of the corrective 
 order; 

    (3) specify which parts of the corrective order are alleged 
 to be in error and explain why they are in error; and 

    (4) provide documentation to support the allegation of 
 error. 

    (d) The commissioner shall respond to requests made under 
 paragraph (c) within 15 calendar days after receiving a 
 request.  A request for reconsideration does not stay the 
 corrective order; however, after reviewing the request for 
 reconsideration, the commissioner may provide additional time to 
 comply with the order if necessary.  The commissioner's 
 disposition of a request for reconsideration of a corrective 
 order is final. 

    Subd. 2.    Cease and desist order.  The commissioner, 
 or an employee of the department designated by the commissioner, 
 may issue an order to cease an activity otherwise authorized by 
 statute, rule, or other authority if continuation of the 
 activity would result in an immediate risk to public safety.  A 
 cease and desist order issued under this subdivision is 
 effective for a maximum of 72 hours.  In conjunction with 
 issuing the cease and desist order, the commissioner may post a 
 sign to cease an activity until the cease and desist order is 
 lifted and the sign is removed by the commissioner.  To restrain 
 activities for a period beyond 72 hours, the commissioner must 
 seek an injunction or take other administrative action 
 authorized by law.  The issuance of a cease and desist order 
 does not preclude the commissioner from pursuing any other 
 enforcement action available to the commissioner. 

    Subd. 3.    Action for injunctive relief.  In addition 
 to any other remedy provided by law, the commissioner may bring 
 an action for injunctive relief in the District Court in Ramsey 
 County or, at the commissioner's discretion, in the district 
 court in the county in which a violation of a statute, rule, or 
 other authority has occurred to enjoin the violation. 

    HIST: 1Sp2003 c 19 art 2 s 52 

     299A.802 Administrative penalty order. 

    Subdivision 1.    Authority; maximum penalty amount; 
 notice.  The commissioner may issue an administrative penalty 
 order for a violation of statute, rule, or other authority if an 
 administrative agent has failed to comply with a corrective 
 order issued under section 299A.801 related to that violation.  
 The maximum amount of an administrative penalty order is $10,000 
 for each administrative agent for all violations identified in 
 an inspection or review of compliance.  In addition to service 
 by certified mail on the administrative agent, a copy of the 
 administrative penalty order must be given to the county auditor 
 in the county where the administrative agent is located.  

    Subd. 2.    Amount of penalty; considerations.  (a) In 
 determining the amount of a penalty to be assessed under this 
 section, the commissioner may consider: 

    (1) the willfulness of the violation; 

    (2) the gravity of the violation, including damage to 
 consumers or the state; 

    (3) the history of past violations; 

    (4) the number of violations; 

    (5) the economic benefit gained by the administrative agent 
 by allowing or committing the violation; and 

    (6) other factors as justice may require, if the 
 commissioner specifically identifies the additional factors in 
 the commissioner's order. 

    (b) If an administrative agent violates a corrective order 
 after a violation of a previous corrective order, the 
 commissioner, in determining the amount of a penalty, must 
 consider the factors in paragraph (a) and the following factors: 

    (1) similarity of the most recent previous violation of a 
 corrective order and the violation to be penalized; 

    (2) time elapsed since the last violation of a corrective 
 order; 

    (3) number of previous violations; and 

    (4) response of the administrative agent to the most recent 
 previous violation identified. 

    Subd. 3.    Contents of order.  An administrative 
 penalty order under this section must include: 

    (1) a concise statement of the facts alleged to constitute 
 a violation; 

    (2) a reference to the portion of the statute, rule, 
 variance, order, or stipulation agreement or the term or 
 condition of a permit that has been violated; 

    (3) a description of the violation of the corrective order 
 that forms the basis for issuance of the administrative penalty 
 order; 

    (4) a statement of the amount of the administrative penalty 
 to be imposed and the factors upon which the penalty is based; 
 and 

    (5) a statement of the administrative agent's right to 
 review and appeal of the administrative penalty order. 

    Subd. 4.    Due date.  (a) Unless the administrative 
 agent requests review of the administrative penalty order under 
 subdivision 5 before the penalty is due, the penalty in the 
 order is due and payable on the 31st day after the 
 administrative penalty order was received, if the administrative 
 agent subject to the order fails to provide information to the 
 commissioner showing that the violation has been corrected or 
 that appropriate steps have been taken toward correcting the 
 violation.  These requirements may be waived or extended by the 
 commissioner.  

    (b) Interest at the rate established in section 549.09 
 begins to accrue on penalties under this subdivision on the 31st 
 day after the order with the penalty was received, unless waived 
 by the commissioner. 

    Subd. 5.    Expedited administrative hearing.  (a) 
 Within 30 days after receiving an administrative penalty order, 
 the administrative agent subject to an order under this section 
 may request an expedited hearing, using the procedures of 
 Minnesota Rules, parts 1400.8510 to 1400.8612, or their 
 successor rules, to review the commissioner's action.  The 
 hearing request must specifically state the reasons for seeking 
 review of the administrative penalty order.  The administrative 
 agent to whom the administrative penalty order is directed and 
 the commissioner are the parties to the expedited hearing.  At 
 least 15 days before the hearing, the commissioner shall notify 
 the administrative agent to whom the administrative penalty 
 order is directed of the time and place of the hearing.  The 
 expedited hearing must be held within 30 days after a request 
 for hearing has been filed with the commissioner unless the 
 parties agree to a later date. 

    (b) All written arguments must be submitted within ten days 
 following the close of the hearing.  The hearing must be 
 conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, 
 or their successor rules, as modified by this subdivision.  The 
 Office of Administrative Hearings, in consultation with the 
 agency, may adopt rules specifically applicable to cases under 
 this section. 

    (c) Within 30 days following the close of the record, the 
 administrative law judge shall issue a report making 
 recommendations about the commissioner's action to the 
 commissioner.  The administrative law judge may not recommend a 
 change in the amount of the proposed administrative penalty 
 unless the administrative law judge determines that, based on 
 the factors in subdivision 1, the amount of the administrative 
 penalty is unreasonable.  

    (d) If the administrative law judge makes a finding that 
 the hearing was requested solely for purposes of delay or that 
 the hearing request was frivolous, the commissioner may add to 
 the amount of the administrative penalty the costs charged to 
 the agency by the Office of Administrative Hearings for the 
 hearing. 

    (e) If a hearing has been held, the commissioner may not 
 issue a final order until at least five days after receipt of 
 the report of the administrative law judge.  Within those five 
 days, the administrative agent to whom an administrative penalty 
 order is issued may comment to the commissioner on the 
 recommendations and the commissioner shall consider the 
 comments.  The final administrative penalty order may be 
 appealed to the district court for a de novo review of the order.

    (f) If a hearing has been held and a final administrative 
 penalty order issued by the commissioner, the administrative 
 penalty must be paid by 30 days after the date the final order 
 is received unless it is appealed to the district court.  If an 
 appeal is not taken or the administrative penalty order is 
 upheld on appeal, the amount due is the administrative penalty, 
 together with interest accruing from 31 days after the original 
 order was received, at the rate established in section 549.09. 

    Subd. 6.    Mediation.  In addition to review under 
 subdivision 5, the commissioner may enter into mediation 
 concerning an order issued under this section if the 
 commissioner and the administrative agent to whom the order is 
 issued both agree to mediation. 

    HIST: 1Sp2003 c 19 art 2 s 53