2006 Minnesota Statutes

CHAPTER 299A. DEPARTMENT OF PUBLIC SAFETY

299A.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

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.
History: 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.
History: 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.
History: 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 disabled 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.
History: 1978 c 752 s 1; 1987 c 383 s 16; 1991 c 163 s 1; 2005 c 56 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1987 c 208 s 1

DRUG POLICY AND VIOLENCE

PREVENTION

    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.
History: 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 Gang
and Drug Oversight Council as specified in section 299A.641.
(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.
History: 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; 2006 c 212 art 1 s 15

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.
History: 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.
History: 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]
History: 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 (5), 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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 $600, 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
$600, 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, 2006, the commissioner
of public safety shall adjust the $600 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 five years old.
(c) The requirement set forth in paragraph (b), clauses (1) and (2), shall not apply to any
peace officer who purchases a vest constructed from a zylon-based material, provided that the
peace officer provides proof of purchase or possession of the vest prior to July 1, 2005.
    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.
History: 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; 2005 c 136 art 11 s 1-3

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 (d);
(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.
History: 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; 2005 c 10 art 2 s 4

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.
History: 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.
History: 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.
History: 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.
History: 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 Minnesota Office of
Higher Education, 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. A student who withdraws from
enrollment for active military service is entitled to an additional semester or the equivalent of
grant eligibility. 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 Minnesota Office of Higher Education.
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. A student who withdraws from enrollment for
active military service is entitled to an additional semester or the equivalent of grant eligibility.
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.
History: 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; 2005 c 107 art 2 s 53,54,60

NOTE: The additional semester or the equivalent of grant eligibility under subdivisions 1
and 4, as amended by Laws 2005, chapter 107, article 2, sections 53 and 54 respectively, applies
to any student who withdrew from enrollment in a postsecondary institution after December 31,
2002, because the student was ordered to active military service as defined in section 190.05,
subdivision 5b or 5c. Laws 2005, chapter 107, article 2, section 59.

299A.46 RULES.
The commissioner of public safety may adopt rules under chapter 14 to implement,
coordinate, and administer sections 299A.41 to 299A.44. The Minnesota Office of Higher
Education may adopt rules to implement, coordinate, and administer section 299A.45.
History: 1990 c 591 art 5 s 6; 1995 c 212 art 3 s 59; 1995 c 233 art 2 s 56; 2005 c 107
art 2 s 60

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.
    Subd. 6. Determination of scope and duties. (a) Whenever a peace officer or firefighter
has been approved to receive a duty-related disability pension, the officer or firefighter may
apply to the panel established in subdivision 7 for a determination of whether or not the officer
or firefighter meets the requirements in subdivision 1, paragraph (a), clause (2). In making this
decision, the panel shall determine whether or not the officer's or firefighter's occupational
duties or professional responsibilities put the officer or firefighter at risk for the type of illness
or injury actually sustained. A final determination by the panel is binding on the applicant and
the employer, subject to any right of judicial review. Applications must be made within 90 days
of receipt of approval of a duty-related pension and must be acted upon by the panel within 90
days of receipt. Applications that are not acted upon within 90 days of receipt by the panel are
approved. Applications and supporting documents are private data.
(b) This subdivision expires July 1, 2008.
    Subd. 7. Course and scope of duties panel. (a) A panel is established for the purpose set
forth in subdivision 6, composed of the following seven members:
(1) two members recommended by the Minnesota League of Cities or a successor;
(2) one member recommended by the Association of Minnesota Counties or a successor;
(3) two members recommended by the Minnesota Police and Peace Officers Association
or a successor;
(4) one member recommended by the Minnesota Professional Firefighters Association
or a successor; and
(5) one nonorganizational member recommended by the six organizational members.
(b) Recommendations must be forwarded to the commissioner of public safety who shall
appoint the recommended members after determining that they were properly recommended.
Members shall serve for two years or until their successors have been seated. No member
may serve more than three consecutive terms. Vacancies on the panel must be filled by
recommendation by the organization whose representative's seat has been vacated. A vacancy
of the nonorganizational seat must be filled by the recommendation of the panel. Vacancies
may be declared by the panel in cases of resignation or when a member misses three or more
consecutive meetings, or by a nominating organization when its nominee is no longer a member
in good standing of the organization, an employee of the organization, or an employee of a
member in good standing of the organization. A member appointed because of a vacancy shall
serve until the expiration of the vacated term.
(c) Panel members shall be reimbursed for expenses related to their duties according to
section 15.059, subdivision 3, paragraph (a), but shall not receive compensation or per diem
payments. The panel's proceedings and determinations constitute a quasi-judicial process and its
operation must comply with chapter 14. Membership on the panel does not constitute holding
a public office and members of the panel are not required to take and file oaths of office or
submit a public official's bond before serving on the panel. No member of the panel may be
disqualified from holding any public office or employment by reason of being appointed to the
panel. Members of the panel and staff or consultants working with the panel are covered by the
immunity provision in section 214.34, subdivision 2. The panel shall elect a chair and adopt rules
of order. The panel shall convene no later than July 1, 2005.
(d) This subdivision expires July 1, 2008.
History: 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; 2005 c 136 art 8 s 7,8

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.
History: 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."
History: 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.
History: 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.
History: 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.
History: 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.
History: 1992 c 593 art 2 s 7

ANTICRIME PROGRAMS

299A.59 NOTICE OF MULTIPLE LAW ENFORCEMENT OPERATIONS CONFLICTS.
(a) Notwithstanding section 299C.405, the Department of Public Safety may employ a
secure subscription service designed to promote and enhance officer safety during tactical
operations by and between federal, state, and local law enforcement agencies by notifying law
enforcement agencies of conflicts where multiple law enforcement operations may be occurring
on the same subject or vehicle or on or near the same location. The notification may include
warrant executions, surveillance activities, SWAT activities, and undercover operations.
(b) Data created, collected, received, maintained, or disseminated by this system is classified
as criminal investigative data as defined in section 13.82, subdivision 7.
History: 2006 c 253 s 15

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

299A.61 CRIMINAL ALERT NETWORK.
    Subdivision 1. Establishment. The commissioner of public safety, in cooperation with the
commissioner of administration, shall develop and maintain an integrated criminal alert network
to facilitate the communication of crime prevention information by electronic means among state
agencies, law enforcement officials, and the private sector. The network shall disseminate data
regarding the commission of crimes, including information on missing and endangered children,
and attempt to reduce theft and other crime by the use of electronic transmission of information.
In addition, the commissioner shall evaluate the feasibility of using the network to disseminate
data regarding the use of fraudulent checks and the coordination of security and antiterrorism
efforts with the Federal Bureau of Investigation. If the commissioner determines that one or both
of these uses are feasible, the commissioner shall ensure that the network disseminates data in
the area or areas determined to be feasible.
    Subd. 2. Data on members. Data that identify individuals or businesses as members of the
criminal alert network, including names, addresses, telephone and fax numbers, are private data
on individuals or nonpublic data, as defined in section 13.02, subdivision 9 or 12.
    Subd. 3. Limit on liability of financial institution. A financial institution, including its
employees or company agents, that provides or reasonably attempts to provide information
regarding stolen, forged, or fraudulent checks for use by the crime alert network, check
verification services, consumer reporting agencies, a banking industry antifraud database
consistent with federal privacy law, 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.
History: 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; 2005 c 118 s 16

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

GANG AND DRUG OVERSIGHT COUNCIL

299A.64 [Repealed, 2005 c 136 art 11 s 18]

299A.641 GANG AND DRUG OVERSIGHT COUNCIL.
    Subdivision 1. Oversight council established. The Gang and Drug Oversight Council is
established to provide guidance related to the investigation and prosecution of gang and drug
crime.
    Subd. 2. Membership. The oversight council shall consist of the following individuals or
their designees:
(1) the director of the office of special investigations as the representative of the
commissioner of corrections;
(2) the superintendent of the Bureau of Criminal Apprehension as the representative of
the commissioner of public safety;
(3) the attorney general;
(4) eight chiefs of police, selected by the Minnesota Chiefs of Police Association, two of
which must be selected from cities with populations greater than 200,000;
(5) eight sheriffs, selected by the Minnesota Sheriffs Association to represent each district,
two of which must be selected from counties with populations greater than 500,000;
(6) the United States attorney for the district of Minnesota;
(7) two county attorneys, selected by the Minnesota County Attorneys Association;
(8) a command-level representative of a gang strike force;
(9) a representative from a drug task force, selected by the Minnesota State Association
of Narcotics Investigators;
(10) a representative from the United States Drug Enforcement Administration;
(11) a representative from the United States Bureau of Alcohol, Tobacco, and Firearms;
(12) a representative from the Federal Bureau of Investigation;
(13) a tribal peace officer, selected by the Minnesota Tribal Law Enforcement Association;
and
(14) two additional members who may be selected by the oversight council.
The oversight council may adopt procedures to govern its conduct as necessary and may select
a chair from among its members.
    Subd. 3. Oversight council's duties. The oversight council shall develop an overall strategy
to ameliorate the harm caused to the public by gang and drug crime within the state of Minnesota.
This strategy may include the development of protocols and procedures to investigate gang
and drug crime and a structure for best addressing these issues in a multijurisdictional manner.
Additionally, the oversight council shall:
(1) identify and recommend a candidate or candidates for statewide coordinator to the
commissioner of public safety;
(2) establish multijurisdictional task forces and strike forces to combat gang and drug crime,
to include a metro gang strike force and a gang strike force located in the St. Cloud metropolitan
area;
(3) assist the Department of Public Safety in developing an objective grant review application
process that is free from conflicts of interest;
(4) make funding recommendations to the commissioner of public safety on grants to support
efforts to combat gang and drug crime;
(5) assist in developing a process to collect and share information to improve the
investigation and prosecution of drug offenses;
(6) develop and approve an operational budget for the office of the statewide coordinator and
the oversight council; and
(7) adopt criteria and identifying characteristics for use in determining whether individuals
are or may be members of gangs involved in criminal activity.
    Subd. 4. Statewide coordinator. The current gang strike force commander shall serve as a
transition coordinator until July 1, 2006, at which time the commissioner of public safety shall
appoint a statewide coordinator as recommended by the oversight council. The coordinator
serving in the unclassified service shall:
(1) coordinate and monitor all multijurisdictional gang and drug enforcement activities;
(2) facilitate local efforts and ensure statewide coordination with efforts to combat gang
and drug crime;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) implement an outcome evaluation and data quality control process.
    Subd. 5. Participating officers; employment status. All participating law enforcement
officers must be licensed peace officers as defined in section 626.84, subdivision 1, or qualified
federal law enforcement officers as defined in section 626.8453. Participating officers remain
employees of the same entity that employed them before joining any multijurisdictional entity
established under this section. Participating officers are not employees of the state.
    Subd. 6. Jurisdiction and powers. Law enforcement officers participating in any
multijurisdictional entity established under this section have statewide jurisdiction to conduct
criminal investigations and have the same powers of arrest as those possessed by a sheriff.
    Subd. 7. Grants authorized. The commissioner of public safety, upon recommendation of
the council, may make grants to state and local units of government to combat gang and drug
crime.
    Subd. 8. Oversight council is permanent. Notwithstanding section 15.059, this section
does not expire.
    Subd. 9. Funding. Participating agencies may accept lawful grants or contributions from
any federal source or legal business or entity.
    Subd. 10. Role of attorney general. The attorney general or a designee shall generally
advise on any matters that the oversight council deems appropriate.
    Subd. 11. Attorney general; community liaison. (a) The attorney general or a designee
shall serve as a liaison between the oversight council and the councils created in sections 3.922,
3.9223, 3.9225, and 3.9226. The attorney general or designee will be responsible for:
(1) informing the councils of the plans, activities, and decisions and hearing their reactions
to those plans, activities, and decisions; and
(2) providing the oversight council with the councils' position on the oversight council's
plan, activities, and decisions.
(b) In no event is the 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. 12. 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 any strike or task
forces. 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.
History: 2005 c 136 art 11 s 4; 2006 c 282 art 13 s 7

299A.65 [Repealed, 2005 c 136 art 11 s 18]

299A.66 [Repealed, 2005 c 136 art 11 s 18]

FINANCIAL CRIMES INVESTIGATION

299A.68 [Repealed, 2005 c 136 art 11 s 18]

299A.681 FINANCIAL CRIMES OVERSIGHT COUNCIL AND TASK FORCE.
    Subdivision 1. Oversight council. The Minnesota Financial Crimes Oversight Council shall
provide guidance related to the investigation and prosecution of identity theft and financial crime.
    Subd. 2. Membership. The oversight council consists of the following individuals, or their
designees:
(1) the commissioner of public safety;
(2) the attorney general;
(3) two chiefs of police, selected by the Minnesota Chiefs of Police Association from police
departments that participate in the Minnesota Financial Crimes Task Force;
(4) two sheriffs, selected by the Minnesota Sheriffs Association from sheriff departments
that participate in the task force;
(5) the United States attorney for the district of Minnesota;
(6) a county attorney, selected by the Minnesota County Attorneys Association;
(7) a representative from the United States Postal Inspector's Office, selected by the oversight
council;
(8) a representative from a not-for-profit retail merchants industry, selected by the oversight
council;
(9) a representative from a not-for-profit banking and credit union industry, selected by
the oversight council;
(10) a representative from a not-for-profit association representing senior citizens, selected
by the oversight council;
(11) the statewide commander of the task force;
(12) a representative from the Board of Public Defense, selected by the board; and
(13) two additional members selected by the oversight council.
The oversight council may adopt procedures to govern its conduct and shall select a chair from
among its members.
    Subd. 3. Duties. The oversight council shall develop an overall strategy to ameliorate the
harm caused to the public by identity theft and financial crime within Minnesota. The strategy
may include the development of protocols and procedures to investigate financial crimes and
a structure for best addressing these issues in a multijurisdictional manner. Additionally, the
oversight council shall:
(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force to
investigate major financial crimes;
(2) select a statewide commander of the task force who serves at the pleasure of the
oversight council;
(3) assist the Department of Public Safety in developing an objective grant review application
process that is free from conflicts of interest;
(4) make funding recommendations to the commissioner of public safety on grants to support
efforts to combat identity theft and financial crime;
(5) assist law enforcement agencies and victims in developing a process to collect and share
information to improve the investigation and prosecution of identity theft and financial crime;
(6) develop and approve an operational budget for the office of the statewide commander and
the oversight council; and
(7) enter into any contracts necessary to establish and maintain a relationship with retailers,
financial institutions, and other businesses to deal effectively with identity theft and financial
crime.
The task force described in clause (1) may consist of members from local law enforcement
agencies, federal law enforcement agencies, state and federal prosecutors' offices, the Board
of Public Defense, and representatives from elderly victims, retail, financial institutions, and
not-for-profit organizations.
    Subd. 4. Statewide commander. (a) The Minnesota Financial Crimes Task Force
commander under Minnesota Statutes 2004, section 299A.68, shall oversee the transition of that
task force into the task force described in subdivision 3 and remain in place as its commander
until July 1, 2008. On that date, the commissioner of public safety shall appoint as statewide
commander the individual selected by the oversight council under subdivision 3.
(b) The commander shall:
(1) coordinate and monitor all multijurisdictional identity theft and financial crime
enforcement activities;
(2) facilitate local efforts and ensure statewide coordination with efforts to combat identity
theft and financial crime;
(3) facilitate training for law enforcement and other personnel;
(4) monitor compliance with investigative protocols;
(5) implement an outcome evaluation and data quality control process;
(6) be responsible for the selection and for cause removal of assigned task force investigators
who are designated participants under a memorandum of understanding or who receive grant
funding;
(7) provide supervision of assigned task force investigators;
(8) submit a task force operational budget to the oversight council for approval; and
(9) submit quarterly task force activity reports to the oversight council.
    Subd. 5. Participating officers; employment status. All law enforcement officers selected
to participate in the task force must be licensed peace officers as defined in section 626.84,
subdivision 1 , or qualified federal law enforcement officers as defined in section 626.8453.
Participating officers remain employees of the same entity that employed them before joining any
multijurisdictional entity established under this section. Participating officers are not employees
of the state.
    Subd. 6. Jurisdiction and powers. Law enforcement officers participating in any
multijurisdictional entity established under this section have statewide jurisdiction to conduct
criminal investigations and have the same powers of arrest as those possessed by a sheriff. The
task force shall retain from its predecessor the assigned originating reporting number for case
reporting purposes.
    Subd. 7. Grants authorized. The commissioner of public safety, upon recommendation of
the oversight council, shall make grants to state and local units of government to combat identity
theft and financial crime. The commander, as funding permits, may prepare a budget to establish
four regional districts and funding grant allocations programs outside the counties of Hennepin,
Ramsey, Anoka, Washington, and Dakota. The budget must be reviewed and approved by the
oversight council and recommended to the commissioner to support these efforts.
    Subd. 8. Victims assistance program. (a) The oversight council may establish a victims'
assistance program to assist victims of economic crimes and provide prevention and awareness
programs. The oversight council may retain the services of not-for-profit organizations to assist in
the development and delivery systems in aiding victims of financial crime. The program may not
provide any financial assistance to victims, but may assist victims in obtaining police assistance
and advise victims in how to protect personal accounts and identities. Services may include a
victim toll-free telephone number, fax number, Web site, Monday through Friday telephone
service, e-mail response, and interfaces to other helpful Web sites. Victims' information compiled
are governed under chapter 13.
(b) The oversight council may post or communicate through public service announcements
in newspapers, radio, television, cable access, billboards, Internet, Web sites, and other normal
advertising channels, a financial reward of up to $2,000 for tips leading to the apprehension
and successful prosecution of individuals committing economic crime. All rewards must meet
the oversight council's standards. The release of funds must be made to an individual whose
information leads to the apprehension and prosecution of offenders committing economic or
financial crimes against citizens or businesses in Minnesota. All rewards paid to an individual must
be reported to the Department of Revenue along with the individual's Social Security number.
    Subd. 9. Oversight council and task force are permanent. Notwithstanding section
15.059, this section does not expire.
    Subd. 10. Funding. The oversight council may accept lawful grants and in-kind contributions
from any federal, state, or local source or legal business or individual not funded by this section
for general operation support, including personnel costs. These grants or in-kind contributions are
not to be directed toward the case of a particular victim or business. The oversight council's fiscal
agent shall handle all funds approved by the oversight council, including in-kind contributions.
    Subd. 11. 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
council shall receive the proceeds from the sale of all property properly seized and forfeited.
    Subd. 12. Transfer equipment from current task force. All equipment possessed by the
task force described in Minnesota Statutes 2004, section 299A.68, is transferred to the oversight
council for use by the task force described in this section.
History: 2005 c 136 art 11 s 5

ACCOUNTS

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.
History: 1997 c 159 art 2 s 42

299A.705 DRIVER AND VEHICLE SERVICES OPERATING ACCOUNTS.
    Subdivision 1. Vehicle services operating account. (a) The vehicle services operating
account is created in the special revenue fund, consisting of all money from the vehicle services
fees specified in chapters 168 and 168A and any other money otherwise donated, allotted,
appropriated, or legislated to this account.
(b) Funds appropriated are available to administer vehicle services as specified in chapters
168 and 168A and section 169.345, including:
(1) designing, producing, issuing, and mailing vehicle registrations, plates, emblems, and
titles;
(2) collecting title and registration taxes and fees;
(3) transferring vehicle registration plates and titles;
(4) maintaining vehicle records;
(5) issuing disability certificates and plates;
(6) licensing vehicle dealers;
(7) appointing, monitoring, and auditing deputy registrars; and
(8) inspecting vehicles when required by law.
    Subd. 2. Driver services operating account. (a) The driver services operating account is
created in the special revenue fund, consisting of all money collected under chapter 171 and any
other money otherwise donated, allotted, appropriated, or legislated to the account.
(b) Money in the account must be used by the commissioner of public safety to administer
the driver services specified in chapters 169A and 171, including the activities associated with
producing and mailing drivers' licenses and identification cards and notices relating to issuance,
renewal, or withdrawal of driving and identification card privileges for any fiscal year or years
and for the testing and examination of drivers.
History: 1Sp2005 c 6 art 2 s 46

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.
History: 2000 c 488 art 6 s 6

JUVENILE JUSTICE AND YOUTH INTERVENTION

299A.72 JUVENILE JUSTICE PROGRAM.
The governor shall designate the Department of Public Safety as the sole agency responsible
for supervising the preparation and administration of the state plan for juvenile justice required by
the Juvenile Justice and Delinquency Prevention Act of 1974, as amended.
The governor shall designate the Juvenile Justice Advisory Committee as the supervisory
board for the Department of Public Safety with respect to preparation and administration of
the state plan and award of grants.
The governor shall appoint members to the Juvenile Justice Advisory Committee in
accordance with the membership requirements of the Juvenile Justice and Delinquency Prevention
Act of 1974, as amended. Section 15.059, subdivision 3, governs the compensation of the
members.
History: 1987 c 312 art 1 s 22; 1994 c 483 s 1; 2001 c 161 s 51; 2004 c 206 s 43,52

299A.73 GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.
    Subdivision 1. Grants. The commissioner may make grants to nonprofit agencies
administering youth intervention programs in communities where the programs are or may be
established.
"Youth intervention program" means a nonresidential community-based program providing
advocacy, education, counseling, mentoring, and referral services to youth and their families
experiencing personal, familial, school, legal, or chemical problems with the goal of resolving the
present problems and preventing the occurrence of the problems in the future. The intent of the
youth intervention program is to provide an ongoing stable funding source to community-based
early intervention programs for youth. Program design may be different for the grantees
depending on youth service needs of the communities being served.
    Subd. 2. Applications. Applications for a grant-in-aid shall be made by the administering
agency to the commissioner.
The grant-in-aid is contingent upon the agency having obtained from the community in
which the youth intervention program is established local matching money two times the amount
of the grant that is sought. The matching requirement is intended to leverage the investment of
state and community dollars in supporting the efforts of the grantees to provide early intervention
services to youth and their families.
The commissioner shall provide the application form, procedures for making application
form, criteria for review of the application, and kinds of contributions in addition to cash that
qualify as local matching money. No grant to any agency may exceed $50,000.
    Subd. 3. Grant allocation formula. Up to one percent of the appropriations to the
grants-in-aid to the youth intervention program may be used for a grant to the Minnesota Youth
Intervention Programs Association for expenses in providing collaborative training and technical
assistance to community-based grantees of the program.
    Subd. 4. Administrative costs. The commissioner may use up to two percent of the biennial
appropriation for grants-in-aid to the youth intervention program to pay costs incurred by the
department in administering the youth intervention program.
History: 1987 c 312 art 1 s 23; 1996 c 408 art 2 s 2; 1999 c 107 s 65; 2004 c 206 s 52;
2005 c 136 art 8 s 1,29

299A.75 [Renumbered 65B.84]

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.
History: 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.
History: 1Sp2003 c 19 art 2 s 50,79

HUMAN TRAFFICKING

299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
    Subdivision 1. Definitions. For purposes of sections 299A.78 to 299A.7955, the following
definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations that
provide legal, social, or other community services.
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
(e) "Forced labor or services" has the meaning given in section 609.281, subdivision 4.
(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision 6.
(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking victim."
    Subd. 2. General duties. The commissioner of public safety, in cooperation with local
authorities, shall:
(1) collect, share, and compile trafficking data among government agencies to assess the
nature and extent of trafficking in Minnesota; and
(2) analyze the collected data to develop a plan to address and prevent human trafficking.
    Subd. 3. Outside services. As provided for in section 15.061, the commissioner of public
safety may contract with professional or technical services in connection with the duties to be
performed under sections 299A.785, 299A.79, and 299A.795. The commissioner may also
contract with other outside organizations to assist with the duties to be performed under sections
299A.785, 299A.79, and 299A.795.
History: 2005 c 136 art 11 s 6; 2006 c 282 art 13 s 8

299A.785 TRAFFICKING STUDY.
    Subdivision 1. Information to be collected. The commissioner shall elicit the cooperation
and assistance of government agencies and nongovernmental organizations as appropriate to assist
in the collection of trafficking data. The commissioner shall direct the appropriate authorities in
each agency and organization to make best efforts to collect information relevant to tracking
progress on trafficking. The information to be collected may include, but is not limited to:
(1) the numbers of arrests, prosecutions, and successful convictions of traffickers and those
committing trafficking-related crimes, including, but not limited to, the following offenses: 609.27
(coercion); 609.282 (labor trafficking); 609.283 (unlawful conduct with respect to documents in
furtherance of labor or sex trafficking); 609.321 (promotion of prostitution); 609.322 (solicitation
of prostitution); 609.324 (other prostitution crimes); 609.33 (disorderly house); 609.352
(solicitation of a child); and 617.245 and 617.246 (use of minors in sexual performance);
(2) statistics on the number of trafficking victims, including demographics, method of
recruitment, and method of discovery;
(3) trafficking routes and patterns, states or country of origin, and transit states or countries;
(4) method of transportation, motor vehicles, aircraft, watercraft, or by foot if any
transportation took place; and
(5) social factors that contribute to and foster trafficking, especially trafficking of women
and children.
    Subd. 2. Report and annual publication. (a) By September 1, 2006, the commissioner of
public safety shall report to the chairs of the senate and house of representatives committees and
divisions having jurisdiction over criminal justice policy and funding a summary of its findings.
This report shall include, to the extent possible, the information to be collected in subdivision 1
and any other information the commissioner finds relevant to the issue of trafficking in Minnesota.
(b) The commissioner shall gather, compile, and publish annually statistical data on the
extent and nature of trafficking in Minnesota. This annual publication shall be available to the
public and include, to the extent possible, the information to be collected in subdivision 1 and any
other information the commissioner finds relevant to the issue of trafficking in Minnesota.
History: 2005 c 136 art 11 s 7

299A.79 TRAFFICKING STUDY; ANALYSIS AND USE OF DATA.
    Subdivision 1. Data analysis. The commissioner shall analyze the data collected in section
299A.785 to develop a plan to address current trafficking and prevent future trafficking in
this state. The commissioner may evaluate various approaches used by other state and local
governments to address trafficking. The plan must include, but not be limited to:
(1) ways to train agencies, organizations, and officials involved in law enforcement,
prosecution, and social services;
(2) ways to increase public awareness of trafficking; and
(3) procedures to enable the state government to work with nongovernmental organizations
to prevent trafficking.
    Subd. 2. Training plan. The training plan required in subdivision 1 must include:
(1) methods used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods;
(2) methods for prosecuting traffickers;
(3) methods for protecting the rights of trafficking victims, taking into account the need to
consider human rights and special needs of women and children trafficking victims; and
(4) methods for promoting the safety of trafficking victims.
    Subd. 3. Public awareness initiative. The public awareness initiative required in subdivision
1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage, blackmail, forced labor and
services, prostitution, and other coercive tactics; and risks of assault, criminal sexual conduct,
exposure to sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
    Subd. 4. Report to legislature. The commissioner shall report the plan to the chairs and
ranking minority members of the senate and house of representatives committees and divisions
having jurisdiction over criminal justice policy and funding by December 15, 2006.
History: 2006 c 282 art 13 s 9

299A.795 TRAFFICKING VICTIM ASSISTANCE.
The commissioner may review the existing services and facilities to meet trafficking victims'
needs and recommend a plan that would coordinate the services including, but not limited to:
(1) medical and mental health services;
(2) housing;
(3) education and job training;
(4) English as a second language;
(5) interpreting services;
(6) legal and immigration services; and
(7) victim compensation.
History: 2006 c 282 art 13 s 10

299A.7955 HUMAN TRAFFICKING TASK FORCE.
    Subdivision 1. Creation and duties. By September 1, 2006, the commissioner shall appoint
a 22-member task force on human trafficking to advise the commissioner on the commissioner's
duties in sections 299A.78 to 299A.795. The task force shall also serve as a liaison between the
commissioner and agencies and nongovernmental organizations that provide services to trafficking
victims. The members must receive expense reimbursement as specified in section 15.059.
    Subd. 2. Membership. To the extent possible, the human trafficking task force consists of
the following individuals, or their designees, who are knowledgeable in trafficking, crime victims'
rights, or violence protection:
(1) a representative of the Minnesota Chiefs of Police Association;
(2) a representative of the Bureau of Criminal Apprehension;
(3) a representative of the Minnesota Sheriffs' Association;
(4) a peace officer who works and resides in the metropolitan area, composed of Hennepin,
Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties;
(5) a peace officer who works and resides in the nonmetropolitan area;
(6) a county attorney who works in Hennepin County;
(7) a county attorney who works in Ramsey County;
(8) a representative of the attorney general's office;
(9) a representative of the Department of Public Safety's office of justice program;
(10) a representative of the federal Homeland Security Department;
(11) a representative of the Department of Health;
(12) the chair or executive director of the Council on Asian-Pacific Minnesotans;
(13) the chair or executive director of the Minnesota Chicano-Latino Affairs Council;
(14) a representative of the United States Attorney's Office; and
(15) eight representatives from nongovernmental organizations, which may include
representatives of:
(i) the Minnesota Coalition for Battered Women;
(ii) the Minnesota Coalition Against Sexual Assault;
(iii) a statewide or local organization that provides civil legal services to women and children;
(iv) a statewide or local organization that provides mental health services to women and
children;
(v) a statewide or local human rights and social justice advocacy organization;
(vi) a statewide or local organization that provides services to victims of torture, trauma,
or human trafficking;
(vii) a statewide or local organization that serves the needs of immigrants and refugee women
and children from diverse ethnic communities; and
(viii) a statewide or local organization that provides legal services to low-income immigrants.
    Subd. 3. Officers; meetings. (a) The task force shall annually elect a chair and vice-chair
from among its members, and may elect other officers as necessary. The task force shall meet
at least quarterly, or upon the call of its chair. The task force shall meet sufficiently enough to
accomplish the tasks identified in this section.
(b) The task force shall seek out and enlist the cooperation and assistance of nongovernmental
organizations and academic researchers, especially those specializing in trafficking, representing
diverse communities disproportionately affected by trafficking, or focusing on child services
and runaway services.
    Subd. 4. Expiration. Notwithstanding section 15.059, the task force expires June 30, 2011,
or once it has implemented and evaluated the programs and policies in sections 299A.78 to
299A.795 to the satisfaction of the commissioner, whichever occurs first.
History: 2006 c 282 art 13 s 11

299A.7957 TOLL-FREE HOTLINE FOR TRAFFICKING VICTIMS.
(a) As used in this section, "trafficking victim" has the meaning given in section 299A.78,
subdivision 1.
(b) The commissioner of public safety shall contract with a nonprofit organization that
provides legal services to domestic and international trafficking victims to maintain a toll-free
telephone hotline for trafficking victims. The hotline must be in place by January 1, 2007, and
must be operated 24 hours a day, 365 days a year. The hotline must offer language interpreters for
languages commonly spoken in Minnesota, including, but not limited to, Spanish, Vietnamese,
Hmong, and Somali. At a minimum, the hotline must screen trafficking victims, both domestic and
international, and provide appropriate referrals to attorneys and victims' services organizations.
History: 2006 c 282 art 13 s 12

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; or
(2) 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.
History: 1Sp2003 c 19 art 2 s 51; 2006 c 212 art 3 s 30

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.
History: 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.
History: 1Sp2003 c 19 art 2 s 53

DEATH SCENE INVESTIGATION

299A.81 DEATH SCENE INVESTIGATIONS.
(a) The Department of Public Safety shall provide information to local law enforcement
agencies about best practices for handling death scene investigations.
(b) The Department of Public Safety shall identify any publications or training opportunities
that may be available to local law enforcement agencies or law enforcement officers concerning
the handling of death scene investigations.
History: 2006 c 260 art 3 s 12