HF 2622

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to terrorism; data practices; enacting the 
  1.3             Minnesota Anti-Terrorism Act of 2002; establishing 
  1.4             crimes and setting penalties for crimes involving 
  1.5             weapons of mass destruction, explosives, and hoaxes 
  1.6             relating to such crimes; interception of 
  1.7             communications; establishing hazardous materials 
  1.8             driver's endorsement regulations; establishing a 
  1.9             biological agents registry; providing for a civil 
  1.10            penalty; providing criminal penalties; providing for 
  1.11            expedited management and disposal of waste in 
  1.12            peacetime emergencies; authorizing closing public 
  1.13            meetings to discuss certain security issues; 
  1.14            authorizing embargoes limiting food and commodity 
  1.15            movement; authorizing quarantine zones if disease is 
  1.16            present; requiring certain trucks to have USDOT 
  1.17            carrier numbers; requiring proof of residency for 
  1.18            drivers' licenses; providing for expense reimbursement 
  1.19            of bomb disposal units; upon commission of terrorist 
  1.20            offenses providing for attachment of financial assets 
  1.21            and seizure and forfeiture of property associated with 
  1.22            those offenses; prohibiting trespass on utility 
  1.23            property; prohibiting placing explosive or simulated 
  1.24            explosive devices near utilities and transportation 
  1.25            centers; prohibiting introducing organisms pathogenic 
  1.26            to livestock, captive cervidae, or poultry; enhancing 
  1.27            penalties and creating new crimes designed to deter 
  1.28            and punish terroristic activities; updating the 
  1.29            wiretapping law to help interception of terroristic 
  1.30            communications; prescribing penalties; authorizing 
  1.31            issuance of United We Stand license plates; 
  1.32            establishing an anti-terrorism account in the special 
  1.33            revenue fund; providing for additional collection of 
  1.34            biological specimens for DNA testing of certain 
  1.35            convicted felons and adjudicated delinquents; 
  1.36            requiring a report on the best way to exchange data 
  1.37            with the federal government with respect to foreign 
  1.38            students; appropriating money; amending Minnesota 
  1.39            Statutes 2000, sections 12.03, subdivision 4; 12.21, 
  1.40            subdivisions 1, 2, 3; 12.22, subdivision 2; 12.31, 
  1.41            subdivision 2; 12.32; 12.34, subdivision 1; 12.36; 
  1.42            13.381, by adding a subdivision; 13D.05, subdivision 
  1.43            3; 31.05, subdivision 1, by adding a subdivision; 
  1.44            171.07, subdivisions 1a, 4; 171.27; 221.0355, 
  1.45            subdivisions 2, 3; 299A.49, subdivisions 2, 4; 
  1.46            299C.063, subdivision 2; 609.185; 609.505; 609.605, 
  2.1             subdivision 4; 609.625, by adding a subdivision; 
  2.2             609.531, subdivision 1; 609.532, subdivision 3; 
  2.3             609.668, subdivision 6; 609.713, subdivision 1, by 
  2.4             adding a subdivision; 624.712, subdivision 5; 626A.01, 
  2.5             subdivisions 3, 16; 626A.05, subdivision 2; 626A.06, 
  2.6             subdivisions 11, 12; 626A.27; 626A.28; Minnesota 
  2.7             Statutes 2001 Supplement, sections 28A.085, 
  2.8             subdivision 4; 35.0661, subdivision 2; 260B.171, 
  2.9             subdivision 1; proposing coding for new law in 
  2.10            Minnesota Statutes, chapters 18D; 144; 168; 171; 609. 
  2.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.12                             ARTICLE 1
  2.13                               POLICY
  2.14     Section 1.  [MINNESOTA ANTI-TERRORISM ACT OF 2002; 
  2.15  PURPOSE.] 
  2.16     Subdivision 1.  [SHORT TITLE.] This section may be cited as 
  2.17  the "Minnesota Anti-Terrorism Act of 2002." 
  2.18     Subd. 2.  [PURPOSE.] The acts of terrorism that struck the 
  2.19  United States of America on September 11, 2001, cannot be 
  2.20  tolerated in a civilized society.  While federal statutes deal 
  2.21  with terrorist acts, we need Minnesota state laws to complement 
  2.22  federal laws and to ensure that terrorists who commit atrocities 
  2.23  in our state are brought to justice and receive maximum 
  2.24  punishment to match their dastardly crimes.  Minnesota must send 
  2.25  a message to those who would commit terrorist acts which kill, 
  2.26  maim, and seriously injure our citizens, that our law 
  2.27  enforcement officials have the tools to investigate and 
  2.28  apprehend terrorists and that our laws will allow a punishment 
  2.29  that fits the seriousness of their crimes.  Equally important is 
  2.30  that Minnesota's laws are enforced fairly and protect the 
  2.31  freedoms of all ethnic, religious, and racial groups.  This 
  2.32  legislation is intended to deter and punish terrorist acts in 
  2.33  Minnesota and to enhance law enforcement's ability to train and 
  2.34  prepare for, as well as to investigate and respond to, acts of 
  2.35  terrorism, thereby providing public safety for all Minnesotans. 
  2.36     Sec. 2.  Minnesota Statutes 2000, section 12.03, 
  2.37  subdivision 4, is amended to read: 
  2.38     Subd. 4.  [EMERGENCY MANAGEMENT.] "Emergency management" 
  2.39  means the preparation for and the carrying out of emergency 
  2.40  functions, other than functions for which military forces are 
  3.1   primarily responsible, to prevent, minimize and repair injury 
  3.2   and damage resulting from disasters, from acute shortages of 
  3.3   energy, or from incidents occurring at nuclear power plants that 
  3.4   pose radiological or other health hazards.  These functions 
  3.5   include, without limitation, firefighting services, police 
  3.6   services, medical and health services, rescue, engineering, 
  3.7   warning services, communications, radiological, chemical and 
  3.8   other special weapons defense, evacuation of persons from 
  3.9   stricken areas, emergency human services, emergency 
  3.10  transportation, existing or properly assigned functions of plant 
  3.11  protection, temporary restoration of public utility services, 
  3.12  implementation of energy supply emergency conservation and 
  3.13  allocation measures, emergency waste and debris management and 
  3.14  disposal, and other functions related to civilian protection, 
  3.15  together with all other activities necessary or incidental to 
  3.16  preparing for and carrying out these functions. 
  3.17     [EFFECTIVE DATE.] This section is effective the day 
  3.18  following final enactment. 
  3.19     Sec. 3.  Minnesota Statutes 2000, section 12.21, 
  3.20  subdivision 1, is amended to read: 
  3.21     Subdivision 1.  [GENERAL AUTHORITY.] The governor (1) has 
  3.22  general direction and control of emergency management, (2) may 
  3.23  carry out the provisions of this chapter, and (3) during a 
  3.24  national security emergency or peacetime emergency declared as 
  3.25  existing under section 12.31, during the existence of an energy 
  3.26  supply emergency as declared under section 216C.15, or during 
  3.27  the existence of an emergency resulting from an incident at a 
  3.28  nuclear power plant that poses a radiological or other health 
  3.29  hazard, may assume direct operational control over all or any 
  3.30  part of the emergency management functions within this state.  
  3.31     [EFFECTIVE DATE.] This section is effective the day 
  3.32  following final enactment.  
  3.33     Sec. 4.  Minnesota Statutes 2000, section 12.21, 
  3.34  subdivision 2, is amended to read: 
  3.35     Subd. 2.  [COOPERATION.] In performing duties under this 
  3.36  chapter, the governor may cooperate with the federal government, 
  4.1   with other states, with Canadian provinces, tribal governments, 
  4.2   and with private agencies, in all matters pertaining to the 
  4.3   emergency management of this state and of the nation. 
  4.4      [EFFECTIVE DATE.] This section is effective the day 
  4.5   following final enactment.  
  4.6      Sec. 5.  Minnesota Statutes 2000, section 12.21, 
  4.7   subdivision 3, is amended to read: 
  4.8      Subd. 3.  [SPECIFIC AUTHORITY.] In performing duties under 
  4.9   this chapter and to effect its policy and purpose, the governor 
  4.10  may: 
  4.11     (1) make, amend, and rescind the necessary orders and rules 
  4.12  to carry out the provisions of this chapter and section 216C.15 
  4.13  within the limits of the authority conferred by this section, 
  4.14  with due consideration of the plans of the federal government 
  4.15  and without complying with sections 14.001 to 14.69, but no 
  4.16  order or rule has the effect of law except as provided by 
  4.17  section 12.32; 
  4.18     (2) ensure that a comprehensive emergency operations plan 
  4.19  and emergency management program for this state are developed 
  4.20  and maintained, and are integrated into and coordinated with the 
  4.21  emergency plans of the federal government and of other states to 
  4.22  the fullest possible extent; 
  4.23     (3) in accordance with the emergency operations plan and 
  4.24  the emergency management program of this state, procure supplies 
  4.25  and equipment, institute training programs and public 
  4.26  information programs, and take all other preparatory steps, 
  4.27  including the partial or full activation of emergency management 
  4.28  organizations in advance of actual disaster to ensure the 
  4.29  furnishing of adequately trained and equipped forces of 
  4.30  emergency management personnel in time of need; 
  4.31     (4) make studies and surveys of the industries, resources, 
  4.32  and facilities in this state as may be necessary to ascertain 
  4.33  the capabilities of the state for emergency management and to 
  4.34  plan for the most efficient emergency use of those industries, 
  4.35  resources, and facilities; 
  4.36     (5) on behalf of this state, enter into mutual aid 
  5.1   arrangements or cooperative agreements with other states, tribal 
  5.2   governments, and with Canadian provinces, and coordinate mutual 
  5.3   aid plans between political subdivisions of this state; 
  5.4      (6) delegate administrative authority vested in the 
  5.5   governor under this chapter, except the power to make rules, and 
  5.6   provide for the subdelegation of that authority; 
  5.7      (7) cooperate with the president and the heads of the armed 
  5.8   forces, the emergency management agency of the United States and 
  5.9   other appropriate federal officers and agencies, and with the 
  5.10  officers and agencies of other states in matters pertaining to 
  5.11  the emergency management of the state and nation, including the 
  5.12  direction or control of: 
  5.13     (i) emergency preparedness drills and exercises; 
  5.14     (ii) warnings and signals for drills or actual emergencies 
  5.15  and the mechanical devices to be used in connection with them; 
  5.16     (iii) shutting off water mains, gas mains, electric power 
  5.17  connections and the suspension of all other utility services; 
  5.18     (iv) the conduct of persons in the state and the movement 
  5.19  and cessation of movement of pedestrians and vehicular traffic 
  5.20  during, prior, and subsequent to drills or actual emergencies; 
  5.21     (v) public meetings or gatherings; and 
  5.22     (vi) the evacuation, reception, and sheltering of persons; 
  5.23     (8) contribute to a political subdivision, within the 
  5.24  limits of the appropriation for that purpose, not more than 25 
  5.25  percent of the cost of acquiring organizational equipment that 
  5.26  meets standards established by the governor; 
  5.27     (9) formulate and execute, with the approval of the 
  5.28  executive council, plans and rules for the control of traffic in 
  5.29  order to provide for the rapid and safe movement over public 
  5.30  highways and streets of troops, vehicles of a military nature, 
  5.31  materials for national defense and war or for use in any war 
  5.32  industry, for the conservation of critical materials or for 
  5.33  emergency management purposes, and coordinate the activities of 
  5.34  the departments or agencies of the state and its political 
  5.35  subdivisions concerned directly or indirectly with public 
  5.36  highways and streets, in a manner that will best effectuate 
  6.1   those plans; 
  6.2      (10) alter or adjust by executive order, without complying 
  6.3   with sections 14.01 to 14.69, the working hours, work days and 
  6.4   work week of, and annual and sick leave provisions and payroll 
  6.5   laws regarding all state employees in the executive branch as 
  6.6   the governor deems necessary to minimize the impact of the 
  6.7   disaster or emergency, conforming the alterations or adjustments 
  6.8   to existing state laws, rules, and collective bargaining 
  6.9   agreements to the extent practicable; 
  6.10     (11) authorize the commissioner of children, families, and 
  6.11  learning to alter school schedules, curtail school activities, 
  6.12  or order schools closed without affecting state aid to schools, 
  6.13  as defined in section 120A.05, subdivisions 9, 11, 13, and 17, 
  6.14  and including charter schools under section 124D.10, and 
  6.15  elementary schools enrolling prekindergarten pupils in district 
  6.16  programs.; and 
  6.17     (12) authorize the commissioner of the pollution control 
  6.18  agency to suspend the operation of its statutes, rules, permits, 
  6.19  and agreements to allow expedited management and disposal of 
  6.20  debris and waste, including disposal of waste at a temporary 
  6.21  site until safe permanent disposal can be made.  In implementing 
  6.22  this authority, the commissioner shall minimize impact on human 
  6.23  health and the environment, as much as practicable, given the 
  6.24  need for expedited management of the waste.  The suspension 
  6.25  shall be valid for the duration of the declared emergency and 
  6.26  for up to 90 days following the governor's closure of the 
  6.27  emergency.  If proper management or disposal of waste materials 
  6.28  and debris cannot be completed within this 90-day period, the 
  6.29  commissioner may extend the suspension for additional 90-day 
  6.30  periods as needed to achieve proper management or disposal.  
  6.31  Notification of the initial suspension under this subdivision 
  6.32  and any subsequent extension thereof shall be made to the 
  6.33  governor, president of the senate, speaker of the house, and to 
  6.34  the chairs of each appropriate legislative committee. 
  6.35     [EFFECTIVE DATE.] This section is effective the day 
  6.36  following final enactment.  
  7.1      Sec. 6.  Minnesota Statutes 2000, section 12.22, 
  7.2   subdivision 2, is amended to read: 
  7.3      Subd. 2.  [OFFERS OF AID, POLITICAL SUBDIVISIONS OR 
  7.4   PERSONS.] Whenever a person offers to the state or to a 
  7.5   political subdivision of the state, services, equipment, 
  7.6   supplies, materials, real property, or funds by the way of gift, 
  7.7   grant, or loan, for purposes of civil emergency management, the 
  7.8   state, acting through the governor, or a political subdivision, 
  7.9   acting through its governing body, may accept the offer and then 
  7.10  may authorize an officer of the state or of the political 
  7.11  subdivision, as the case may be, to receive the services, 
  7.12  equipment, supplies, materials, real property, or funds on 
  7.13  behalf of the state or political subdivision, and subject to the 
  7.14  terms of the offer.  However, no money or other funds may be 
  7.15  accepted or received as a loan nor any indebtedness incurred 
  7.16  except as provided by law.  Real property so accepted must be 
  7.17  treated as, and subject to the same immunities during time of 
  7.18  national security or peacetime emergency as, real property owned 
  7.19  by the state. 
  7.20     [EFFECTIVE DATE.] This section is effective the day 
  7.21  following final enactment.  
  7.22     Sec. 7.  Minnesota Statutes 2000, section 12.31, 
  7.23  subdivision 2, is amended to read: 
  7.24     Subd. 2.  [DECLARATION OF PEACETIME EMERGENCY.] The 
  7.25  governor may declare a peacetime emergency.  A peacetime 
  7.26  declaration of emergency may be declared only when an act of 
  7.27  nature, a technological failure or malfunction, a terrorist 
  7.28  incident, an industrial accident, a hazardous materials 
  7.29  accident, or a civil disturbance endangers life and, property, 
  7.30  or the environment and local government resources are inadequate 
  7.31  to handle the situation.  It must not be continued for more than 
  7.32  five days unless extended by resolution of the executive council 
  7.33  up to 30 days.  An order, or proclamation declaring, continuing, 
  7.34  or terminating an emergency must be given prompt and general 
  7.35  publicity and filed with the secretary of state.  
  7.36     [EFFECTIVE DATE.] This section is effective the day 
  8.1   following final enactment.  
  8.2      Sec. 8.  Minnesota Statutes 2000, section 12.32, is amended 
  8.3   to read: 
  8.4      12.32 [GOVERNOR'S ORDERS AND RULES, EFFECT.] 
  8.5      Orders and rules promulgated by the governor under 
  8.6   authority of section 12.21, subdivision 3, clause (1), when 
  8.7   approved by the executive council and filed in the office of the 
  8.8   secretary of state, have, during a national security emergency, 
  8.9   peacetime emergency, or energy supply emergency, the full force 
  8.10  and effect of law.  Rules and ordinances of any agency or 
  8.11  political subdivision of the state inconsistent with the 
  8.12  provisions of this chapter or with any order or rule having the 
  8.13  force and effect of law issued under the authority of this 
  8.14  chapter, is suspended during the period of time and to the 
  8.15  extent that the emergency exists. 
  8.16     [EFFECTIVE DATE.] This section is effective the day 
  8.17  following final enactment.  
  8.18     Sec. 9.  Minnesota Statutes 2000, section 12.34, 
  8.19  subdivision 1, is amended to read: 
  8.20     Subdivision 1.  [EMERGENCY POWERS.] When necessary to save 
  8.21  life, property, or the environment during a national security 
  8.22  emergency or a peacetime emergency, the governor, the state 
  8.23  director, or a member of a class of members of a state or local 
  8.24  emergency management organization designated by the governor, 
  8.25  may: 
  8.26     (1) require any person, except members of the federal or 
  8.27  state military forces and officers of the state or a political 
  8.28  subdivision, to perform services for emergency management 
  8.29  purposes as directed by any of the persons described above, and; 
  8.30     (2) commandeer, during a national security emergency, any 
  8.31  motor vehicle, tools, appliances, or other personal property and 
  8.32  any facilities. 
  8.33     [EFFECTIVE DATE.] This section is effective the day 
  8.34  following final enactment.  
  8.35     Sec. 10.  Minnesota Statutes 2000, section 12.36, is 
  8.36  amended to read: 
  9.1      12.36 [GOVERNOR MAY CONTRACT.] 
  9.2      (a) The governor, during an emergency or disaster and 
  9.3   notwithstanding any other law, may: 
  9.4      (1) enter into contracts and incur obligations necessary to 
  9.5   combat the disaster by protecting the health and safety of 
  9.6   persons and, protecting the safety of property and the 
  9.7   environment, and by providing emergency assistance to the 
  9.8   victims of the disaster; and 
  9.9      (2) exercise the powers vested by this subdivision in the 
  9.10  light of the exigencies of the disaster without compliance with 
  9.11  time-consuming procedures and formalities prescribed by law 
  9.12  pertaining to: 
  9.13     (i) the performance of public work; 
  9.14     (ii) entering into contract; 
  9.15     (iii) incurring of obligations; 
  9.16     (iv) employment of temporary workers; 
  9.17     (v) rental of equipment; 
  9.18     (vi) purchase of supplies and materials, for example, but 
  9.19  not limited to, publication of calls for bids; 
  9.20     (vii) provisions of the Civil Service Act and rules; 
  9.21     (viii) provisions relating to low bids; and 
  9.22     (ix) requirements for the budgeting and allotment of funds. 
  9.23     (b) All contracts must be in writing, executed on behalf of 
  9.24  the state by the governor or a person delegated by the governor 
  9.25  in writing so to do, and must be promptly filed with the 
  9.26  commissioner of finance, who shall forthwith encumber funds 
  9.27  appropriated for the purposes of the contract for the full 
  9.28  contract liability and certify thereon that the encumbrance has 
  9.29  been made. 
  9.30     [EFFECTIVE DATE.] This section is effective the day 
  9.31  following final enactment. 
  9.32     Sec. 11.  Minnesota Statutes 2000, section 13.381, is 
  9.33  amended by adding a subdivision to read: 
  9.34     Subd. 3a.  [BIOLOGICAL AGENTS REGISTRY.] Data collected or 
  9.35  maintained by the commissioner of health in the biological 
  9.36  agents registry are classified under section 144.1208, 
 10.1   subdivision 4.  The release of such data is governed by section 
 10.2   144.1208, subdivision 4. 
 10.3      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 10.4      Sec. 12.  Minnesota Statutes 2000, section 13D.05, 
 10.5   subdivision 3, is amended to read: 
 10.6      Subd. 3.  [WHAT MEETINGS MAY BE CLOSED.] (a) A public body 
 10.7   may close a meeting to evaluate the performance of an individual 
 10.8   who is subject to its authority.  The public body shall identify 
 10.9   the individual to be evaluated prior to closing a meeting.  At 
 10.10  its next open meeting, the public body shall summarize its 
 10.11  conclusions regarding the evaluation.  A meeting must be open at 
 10.12  the request of the individual who is the subject of the meeting. 
 10.13     (b) Meetings may be closed if the closure is expressly 
 10.14  authorized by statute or permitted by the attorney-client 
 10.15  privilege.  
 10.16     (c) Meetings may be closed to receive security briefings 
 10.17  and reports, to discuss issues related to security systems, to 
 10.18  discuss emergency response procedures if they are unrelated to 
 10.19  medical treatment, vaccination, medical testing, health 
 10.20  surveillance, isolation, or quarantine of individuals, and to 
 10.21  discuss security deficiencies in public services, infrastructure 
 10.22  and facilities, if disclosure of the information discussed would 
 10.23  pose a clear danger to public safety.  Financial issues related 
 10.24  to security matters must be discussed and all related financial 
 10.25  decisions must be made at an open meeting.  The proceedings of a 
 10.26  closed meeting to discuss security information must be 
 10.27  tape-recorded at the expense of the public body.  The recording 
 10.28  must be preserved for two years after the date of the closed 
 10.29  meeting, but the recording must be destroyed after two years 
 10.30  have elapsed from the date of the closed meeting. 
 10.31     [EFFECTIVE DATE.] This section is effective the day 
 10.32  following final enactment. 
 10.33     Sec. 13.  [18D.302] [FALSE STATEMENT OR RECORD.] 
 10.34     A person must not make or offer a false statement, record, 
 10.35  or other information as part of: 
 10.36     (1) an application for registration, license, 
 11.1   certification, permit, or land application of contaminated soil 
 11.2   or other media under this chapter or chapter 18B, 18C, or 18F or 
 11.3   rules adopted under one of those chapters; 
 11.4      (2) records or reports required under this chapter or 
 11.5   chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
 11.6   those chapters; or 
 11.7      (3) an investigation of a violation of this chapter or 
 11.8   chapter 18B, 18C, 18E, or 18F or rules adopted under one of 
 11.9   those chapters. 
 11.10     [EFFECTIVE DATE.] This section is effective the day 
 11.11  following final enactment and applies to acts performed on or 
 11.12  after that date. 
 11.13     Sec. 14.  Minnesota Statutes 2001 Supplement, section 
 11.14  28A.085, subdivision 4, is amended to read: 
 11.15     Subd. 4.  [FOOD HANDLER REINSPECTION ACCOUNT; 
 11.16  APPROPRIATION.] A food handler reinspection account is 
 11.17  established in the agricultural fund.  All reinspection fees, 
 11.18  court awarded costs under section 31.05, and assessments 
 11.19  collected must be deposited in the state treasury and are 
 11.20  credited to the food handler reinspection account.  Money in the 
 11.21  account, including interest accrued, is appropriated to the 
 11.22  commissioner to pay the expenses relating to reinspections 
 11.23  conducted under the chapters listed in subdivision 1. 
 11.24     [EFFECTIVE DATE.] This section is effective the day 
 11.25  following final enactment.  
 11.26     Sec. 15.  Minnesota Statutes 2000, section 31.05, 
 11.27  subdivision 1, is amended to read: 
 11.28     Subdivision 1.  A duly authorized agent of the commissioner 
 11.29  who finds or has probable cause to believe that any food or 
 11.30  consumer commodity is adulterated or so misbranded as to be 
 11.31  dangerous or fraudulent, or is in violation of section 31.131 
 11.32  shall affix to such article a tag or other appropriate marking 
 11.33  giving notice that such article is, or is suspected of being, 
 11.34  adulterated or misbranded and has been detained or embargoed, 
 11.35  and warning all persons not to remove or dispose of such article 
 11.36  by sale or otherwise until permission for removal or disposal is 
 12.1   given by such agent or the court.  It shall be unlawful for any 
 12.2   person to remove or dispose of such detained or embargoed 
 12.3   article by sale or otherwise without such permission. 
 12.4      In the event of an emergency declared by the governor under 
 12.5   section 12.31, an embargo may be placed on a geographical area 
 12.6   of the state limiting food or consumer commodity movement into 
 12.7   or out of the embargoed area. 
 12.8      [EFFECTIVE DATE.] This section is effective the day 
 12.9   following final enactment. 
 12.10     Sec. 16.  Minnesota Statutes 2000, section 31.05, is 
 12.11  amended by adding a subdivision to read: 
 12.12     Subd. 5.  If a person is convicted of adulteration under 
 12.13  section 609.687, terroristic threats under section 609.713, 
 12.14  terrorism under section 609.714, use of a weapon of mass 
 12.15  destruction under section 609.712, or a misdemeanor under 
 12.16  section 31.032, the person is responsible for, and the district 
 12.17  court shall award to the commissioner, all costs incurred for 
 12.18  laboratory testing, inspection, investigation, and disposal of 
 12.19  food or consumer commodities necessitated by the person's 
 12.20  criminal acts. 
 12.21     [EFFECTIVE DATE.] This section is effective the day 
 12.22  following final enactment and applies to crimes committed on or 
 12.23  after that date.  
 12.24     Sec. 17.  Minnesota Statutes 2001 Supplement, section 
 12.25  35.0661, subdivision 2, is amended to read: 
 12.26     Subd. 2.  [QUARANTINE ZONES.] Upon an emergency declaration 
 12.27  by the governor under subdivision 1, the board or any licensed 
 12.28  veterinarian designated by the board may establish quarantine 
 12.29  zones of control in any area where a specific animal is deemed 
 12.30  by a licensed veterinarian as likely to be infected with the 
 12.31  disease based on an actual veterinary examination or laboratory 
 12.32  testing.  Quarantine zones of control must be the smallest size 
 12.33  practicable to prevent the spread of disease and must exist for 
 12.34  the shortest duration consistent with effective disease 
 12.35  control.  A quarantine zone of control must not extend beyond a 
 12.36  radius of three miles from an animal deemed as likely to be 
 13.1   infected with the disease, unless the board has adopted a rule 
 13.2   regarding a specific disease requiring a larger quarantine zone 
 13.3   of control. for humans, machinery, and personal property, 
 13.4   excluding livestock products, must be limited to infected 
 13.5   premises.  The size of the quarantine zone of control for 
 13.6   livestock and livestock products will depend on the weather 
 13.7   conditions, type of farms, time of year, species affected, and 
 13.8   geography of area affected. 
 13.9      [EFFECTIVE DATE.] This section is effective the day 
 13.10  following final enactment. 
 13.11     Sec. 18.  [144.1208] [BIOLOGICAL AGENTS REGISTRY.] 
 13.12     Subdivision 1.  [REGISTRY ESTABLISHED.] The commissioner of 
 13.13  health shall establish a registry of all individuals and 
 13.14  entities, including state agencies, in this state that possess 
 13.15  or maintain a biological agent required to be reported under 
 13.16  this section.  The biological agents registry must list the 
 13.17  biological agents possessed or maintained by individuals and 
 13.18  entities in this state and the purposes for which each 
 13.19  biological agent is used. 
 13.20     Subd. 2.  [DEFINITION.] For purposes of this section, 
 13.21  "biological agent" means: 
 13.22     (1) a select agent that is a virus, bacterium, rickettsia, 
 13.23  fungus, or toxin listed in Code of Federal Regulations, title 
 13.24  42, part 72, appendix A; 
 13.25     (2) a genetically modified microorganism or genetic element 
 13.26  from an organism listed in Code of Federal Regulations, title 
 13.27  42, part 72, appendix A, shown to produce or encode for a factor 
 13.28  associated with a disease; or 
 13.29     (3) a genetically modified microorganism or genetic element 
 13.30  that contains nucleic acid sequences coding for any of the 
 13.31  toxins listed in Code of Federal Regulations, title 42, part 72, 
 13.32  appendix A, or their toxic subunits. 
 13.33     Subd. 3.  [REGISTRATION REQUIRED; OTHER REPORT.] (a) Except 
 13.34  as provided in subdivision 7, any individual or entity that 
 13.35  possesses or maintains a biological agent required to be 
 13.36  reported under this section must register with the commissioner 
 14.1   on a form prepared by the commissioner, within seven days after 
 14.2   the individual or entity obtains a biological agent.  When an 
 14.3   individual or entity registers with the commissioner, the 
 14.4   individual or entity must: 
 14.5      (1) list all biological agents possessed or maintained by 
 14.6   the individual or entity; 
 14.7      (2) verify that the individual or entity is adequately 
 14.8   equipped to safely handle all biological agents possessed or 
 14.9   maintained; and 
 14.10     (3) describe the uses for which each biological agent is 
 14.11  being possessed or maintained. 
 14.12     (b) An individual or entity registered with the 
 14.13  commissioner must report to the commissioner within 24 hours 
 14.14  after an unauthorized individual or entity gains access or 
 14.15  attempts to gain access to a biological agent possessed or 
 14.16  maintained by the registered individual or entity.  The initial 
 14.17  report may be made orally but must be followed by a written 
 14.18  report if requested by the commissioner. 
 14.19     Subd. 4.  [DATA PRACTICES.] (a) All data collected or 
 14.20  maintained by the commissioner in the biological agents registry 
 14.21  are private data on individuals or nonpublic data but may be 
 14.22  released as provided in paragraph (b). 
 14.23     (b) The commissioner may release data collected or 
 14.24  maintained by the commissioner in the biological agents registry:
 14.25     (1) for the purpose of aiding or conducting an 
 14.26  epidemiologic investigation of a communicable disease; 
 14.27     (2) to the United States Centers for Disease Control and 
 14.28  Prevention in any investigation involving the release, theft, or 
 14.29  loss of a biological agent required to be reported under this 
 14.30  section; or 
 14.31     (3) to state and federal law enforcement agencies in any 
 14.32  investigation involving the release, theft, loss, or suspected 
 14.33  or attempted misuse of a biological agent required to be 
 14.34  reported under this section. 
 14.35     Subd. 5.  [COOPERATION.] The commissioner shall cooperate 
 14.36  with the United States Centers for Disease Control and 
 15.1   Prevention and state and federal law enforcement agencies in any 
 15.2   investigation involving the release, theft, or loss of a 
 15.3   biological agent required to be reported under this section. 
 15.4      Subd. 6.  [PENALTY.] The commissioner shall impose a fine 
 15.5   of up to $1,000 on any person who willfully or knowingly 
 15.6   violates any provision of this section.  Each day of a 
 15.7   continuing violation shall constitute a separate offense. 
 15.8      Subd. 7.  [EXEMPTION.] A person or entity that possesses or 
 15.9   maintains a biological agent is exempt from the registration and 
 15.10  reporting requirements of this section if the person or entity: 
 15.11     (1) detects a biological agent in a clinical sample for the 
 15.12  purpose of disease diagnosis, epidemiological surveillance, or 
 15.13  exposure assessment or for reference, verification, or 
 15.14  proficiency testing purposes; and 
 15.15     (2) discards the biological agent (i) within 14 calendar 
 15.16  days of receiving notice that the confirmation testing is 
 15.17  complete, or (ii) within 14 calendar days of using the 
 15.18  biological agent for reference, verification, or proficiency 
 15.19  testing. 
 15.20     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 15.21     Sec. 19.  [168.1297] [UNITED WE STAND LICENSE PLATES.] 
 15.22     Subdivision 1.  [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 
 15.23  The registrar shall issue special United We Stand license plates 
 15.24  to an applicant who: 
 15.25     (1) is an owner or joint owner of a passenger automobile, 
 15.26  pickup truck, or van; 
 15.27     (2) pays a fee of $25 to cover the costs of handling and 
 15.28  manufacturing the plates; 
 15.29     (3) pays the registration tax required under section 
 15.30  168.013; 
 15.31     (4) pays the fees required under this chapter; 
 15.32     (5) contributes a minimum of $25 annually to the 
 15.33  anti-terrorism account established under subdivision 5; and 
 15.34     (6) complies with laws and rules governing registration and 
 15.35  licensing of vehicles and drivers. 
 15.36     (b) Fees under paragraph (a), clauses (2) and (4), must be 
 16.1   deposited in the highway user tax distribution fund. 
 16.2      (c) The United We Stand license application form must 
 16.3   clearly indicate that the annual contribution specified under 
 16.4   paragraph (a), clause (5), is a minimum contribution to receive 
 16.5   the license plate and that the applicant may make an additional 
 16.6   contribution to the account. 
 16.7      Subd. 2.  [DESIGN.] After consultation with interested 
 16.8   groups, including the administrators of the rewards for justice 
 16.9   program, the commissioner shall select a suitable design for the 
 16.10  special plates.  The design must include the words "United We 
 16.11  Stand." 
 16.12     Subd. 3.  [NO REFUND.] Contributions under this section may 
 16.13  not be refunded. 
 16.14     Subd. 4.  [PLATE TRANSFERS.] Notwithstanding section 
 16.15  168.12, subdivision 1, on payment of a transfer fee of $5, 
 16.16  plates issued under this section may be transferred to another 
 16.17  passenger automobile, pickup truck, or van owned or jointly 
 16.18  owned by the person to whom the special plates were issued. 
 16.19     Subd. 5.  [ANTI-TERRORISM ACCOUNT ESTABLISHED.] An 
 16.20  anti-terrorism account in the special revenue fund is 
 16.21  established in the state treasury, consisting of money 
 16.22  contributed to the account under subdivision 1, paragraph (a), 
 16.23  clause (5).  Money in the fund is appropriated to the 
 16.24  commissioner.  The commissioner shall spend money in the fund 
 16.25  for administrative, handling, and manufacturing start-up costs 
 16.26  associated with the development and issuance of plates under 
 16.27  this section until all start-up costs have been recovered, and 
 16.28  thereafter, as follows: 
 16.29     (1) one-half of the money in the fund must be transmitted 
 16.30  to the United States Department of State exclusively for 
 16.31  allocation to the rewards for justice fund; and 
 16.32     (2) one-half must be distributed by the commissioner to 
 16.33  local response units for training and equipment related to 
 16.34  anti-terrorism initiatives identified in article 2. 
 16.35     Sec. 20.  [168.185] [MOTOR CARRIER USDOT NUMBERS.] 
 16.36     A motor carrier operating a truck or truck tractor having a 
 17.1   gross vehicle weight of more than 26,000 pounds, as defined in 
 17.2   169.01, subdivision 46, shall report to the registrar at the 
 17.3   time of registration its USDOT carrier number.  A motor carrier 
 17.4   who does not have a USDOT number shall apply for the number at 
 17.5   the time of registration by completing a form MCS-150 Motor 
 17.6   Carrier Identification Report, issued by the Federal Motor 
 17.7   Carrier Safety Administration, or comparable document as 
 17.8   determined by the registrar. 
 17.9      Assigned USDOT numbers need not be displayed on the outside 
 17.10  of the vehicle, but must be made available upon request of an 
 17.11  authorized agent of the registrar, peace officer, other 
 17.12  employees of the State Patrol authorized in 299D, or employees 
 17.13  of the Minnesota department of transportation.  A motor carrier 
 17.14  shall notify the registrar if there is a change to the carrier's 
 17.15  USDOT number. 
 17.16     If a carrier fails to report or apply for a USDOT number, 
 17.17  the registrar shall suspend the carrier's registration. 
 17.18     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 17.19     Sec. 21.  [171.065] [PROOF OF RESIDENCY.] 
 17.20     Subdivision 1.  [PROOF OF RESIDENCY AT INITIAL 
 17.21  APPLICATION.] Proof of residency is required at the time of 
 17.22  application for an initial driving permit, driver's license, or 
 17.23  state identification card.  The applicant must attest to a 
 17.24  residence address in Minnesota and demonstrate proof of either 
 17.25  lawful short-term admission to the United States, permanent 
 17.26  United States resident status, or United States citizenship. 
 17.27     Subd. 2.  [PROOF OF RESIDENCY AT RENEWAL.] (a) Proof of 
 17.28  residency is required at the time of application for renewal of 
 17.29  a driving permit, driver's license, or state identification card.
 17.30     (b) A person with permanent United States resident status 
 17.31  or United States citizenship must attest to a residence address 
 17.32  in Minnesota. 
 17.33     (c) A person with lawful short-term admission to the United 
 17.34  States must attest to a residence address in Minnesota and 
 17.35  provide proof of lawful short-term admission status to the 
 17.36  United States. 
 18.1      Subd. 3.  [DOCUMENTS NOT SUFFICIENT TO PROVE 
 18.2   RESIDENCY.] The department shall not accept presentation of a 
 18.3   permit, driver's license, or identification card from another 
 18.4   United States state as proof of lawful short-term admission to 
 18.5   the United States, permanent United States resident status, or 
 18.6   United States citizenship. 
 18.7      Subd. 4.  [DOCUMENTS SUFFICIENT TO PROVE RESIDENCY.] To 
 18.8   demonstrate lawful short-term admission to the United States, 
 18.9   permanent United States resident status, or United States 
 18.10  citizenship, an applicant must attest to a Minnesota residence 
 18.11  address on the application form and present either: 
 18.12     (1) a certified copy of a birth certificate issued by a 
 18.13  United States government bureau of vital statistics or by a 
 18.14  board of health of a United States jurisdiction; 
 18.15     (2) a Certificate of Naturalization issued by the United 
 18.16  States Department of Justice; 
 18.17     (3) a document issued by the United States Department of 
 18.18  Justice or United States Department of State indicating either 
 18.19  lawful short-term admission to the United States or permanent 
 18.20  United States resident status; or 
 18.21     (4) a Minnesota driving permit, driver's license, or 
 18.22  identification card that is current or expired for not more than 
 18.23  five years. 
 18.24     Subd. 5.  [EVIDENCE REQUIRED WHEN NAME CHANGED.] If there 
 18.25  has been a change in the individual's full name as it appears on 
 18.26  the presented document, the individual shall also present 
 18.27  evidence of a change of name as specified by rule of the 
 18.28  commissioner. 
 18.29     Subd. 6.  [LAWFUL SHORT-TERM ADMISSION STATUS.] The 
 18.30  department shall not issue a state driving permit, driver's 
 18.31  license, or identification card if an individual has no lawful 
 18.32  admission status to the United States or if the lawful 
 18.33  short-term admission period expires in 30 days or less. 
 18.34     Subd. 7. [RULES; VARIANCE.] The commissioner may adopt 
 18.35  rules, standards, and procedures according to chapter 14 to 
 18.36  administer this section.  The requirements of this section are 
 19.1   subject to variance under rules of the commissioner.  
 19.2      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 19.3      Sec. 22. Minnesota Statutes 2000, section 171.07, 
 19.4   subdivision 1a, is amended to read: 
 19.5      Subd. 1a. [FILING PHOTOGRAPH OR IMAGE; DATA 
 19.6   CLASSIFICATION.] The department shall file, or contract to file, 
 19.7   all photographs or electronically produced images obtained in 
 19.8   the process of issuing drivers' licenses or Minnesota 
 19.9   identification cards. The photographs or electronically produced 
 19.10  images shall be are private data pursuant to section 13.02, 
 19.11  subdivision 12. Notwithstanding section 13.04, subdivision 3, 
 19.12  the department shall is not be required to provide copies of 
 19.13  photographs or electronically produced images to data subjects. 
 19.14  The use of the files is restricted: 
 19.15     (1) to the issuance and control of drivers' licenses; 
 19.16     (2) for law enforcement purposes in the investigation and 
 19.17  or prosecution of crimes; and 
 19.18     (3) for child support enforcement purposes under section 
 19.19  256.978.  
 19.20     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 19.21     Sec. 23.  Minnesota Statutes 2000, section 171.07, 
 19.22  subdivision 4, is amended to read: 
 19.23     Subd. 4.  [EXPIRATION.] (a) Except as otherwise provided in 
 19.24  this subdivision, the expiration date of Minnesota 
 19.25  identification cards of applicants under the age of 65 shall be 
 19.26  the birthday of the applicant in the fourth year following the 
 19.27  date of issuance of the card. 
 19.28     (b) Minnesota identification cards issued to applicants age 
 19.29  65 or over shall be valid for the lifetime of the applicant. 
 19.30     (c) The expiration date for an Under-21 identification card 
 19.31  is the card holder's 21st birthday.  The commissioner shall 
 19.32  issue an identification card to a holder of an Under-21 
 19.33  identification card who applies for the card, pays the required 
 19.34  fee, and presents proof of identity and age, unless the 
 19.35  commissioner determines that the applicant is not qualified for 
 19.36  the identification card.  
 20.1      (d) Notwithstanding paragraph (a) or (b), the expiration 
 20.2   date for an identification card issued to a person who is 
 20.3   lawfully in the United States as a result of a document issued 
 20.4   by the United States Immigration and Naturalization Service or 
 20.5   successor agency that authorizes the person to remain in the 
 20.6   United States until a specified date is the date on which that 
 20.7   authorization expires, the date on which that authorization is 
 20.8   terminated, or four years after the date of issuance of the 
 20.9   identification card, whichever occurs first.  In the case of an 
 20.10  under-21 identification card issued to a person described in 
 20.11  this paragraph, the expiration date is the cardholder's 21st 
 20.12  birthday or the date on which the person's authorization to 
 20.13  remain in the United States expires or is terminated, whichever 
 20.14  occurs first.  An identification card issued with an expiration 
 20.15  date that is the date on which the cardholder's authorization to 
 20.16  remain in the United States expires must be:  (1) of a 
 20.17  distinguishing color; (2) plainly marked "nonrenewable"; and (3) 
 20.18  clearly marked for law enforcement purposes on the back of the 
 20.19  card in a code no larger than other information contained on the 
 20.20  back of the card. 
 20.21     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 20.22     Sec. 24.  Minnesota Statutes 2000, section 171.27, is 
 20.23  amended to read: 
 20.24     171.27 [EXPIRATION OF LICENSE.] 
 20.25     Subdivision 1.  [GENERALLY.] Except as otherwise provided 
 20.26  in this section, the expiration date for each driver's license, 
 20.27  other than under-21 licenses, is the birthday of the driver in 
 20.28  the fourth year following the date of issuance of the license.  
 20.29  The birthday of the driver shall be as indicated on the 
 20.30  application for a driver's license.  A license may be renewed on 
 20.31  or before expiration or within one year after expiration upon 
 20.32  application, payment of the required fee, and passing the 
 20.33  examination required of all drivers for renewal.  Driving 
 20.34  privileges shall be extended or renewed on or preceding the 
 20.35  expiration date of an existing driver's license unless the 
 20.36  commissioner believes that the licensee is no longer qualified 
 21.1   as a driver.  
 21.2      Subd. 2.  [UNDER-21 LICENSE.] The expiration date for each 
 21.3   under-21 license shall be the 21st birthday of the licensee.  
 21.4   Upon the licensee attaining the age of 21 and upon the 
 21.5   application, payment of the required fee, and passing the 
 21.6   examination required of all drivers for renewal, a driver's 
 21.7   license shall be issued unless the commissioner determines that 
 21.8   the licensee is no longer qualified as a driver. 
 21.9      Subd. 3.  [PROVISIONAL LICENSE.] The expiration date for 
 21.10  each provisional license is two years after the date of 
 21.11  application for the provisional license.  
 21.12     Subd. 4.  [LICENSES ISSUED TO PERSONS IN UNITED STATES ON 
 21.13  TEMPORARY AUTHORITY.] Notwithstanding subdivisions 1 to 3, the 
 21.14  expiration date for a driver's license issued to a person who is 
 21.15  lawfully in the United States as a result of a document issued 
 21.16  by the United States Immigration and Naturalization Service or 
 21.17  successor agency that authorizes the person to remain in the 
 21.18  United States until a specified date is the date on which that 
 21.19  authorization expires, the date on which that authorization is 
 21.20  terminated, or four years after the date of issuance of the 
 21.21  license, whichever occurs first.  In the case of an under-21 
 21.22  license issued to a person described in this subdivision, the 
 21.23  expiration date is the cardholder's 21st birthday or the date on 
 21.24  which the person's authorization to remain in the United States 
 21.25  expires or is terminated, whichever occurs first.  In the case 
 21.26  of a provisional license issued to a person described in this 
 21.27  subdivision, the expiration date is the date on which the 
 21.28  person's authorization to remain in the United States expires or 
 21.29  is terminated, or two years after the date of application for 
 21.30  the provisional license, whichever occurs first.  A license 
 21.31  issued with an expiration date that is the date on which the 
 21.32  licensee's authorization to remain in the United States expires 
 21.33  must be:  (1) of a distinguishing color; (2) plainly marked 
 21.34  "nonrenewable"; and (3) clearly marked for law enforcement 
 21.35  purposes on the back of the card in a code no larger than other 
 21.36  information contained on the back of the card. 
 22.1      Subd. 5.  [LICENSES TO PERSONS ON ACTIVE DUTY.] Any valid 
 22.2   Minnesota driver's license issued to a person then or 
 22.3   subsequently on active duty with the Armed Forces of the United 
 22.4   States, or the person's spouse, shall continue in full force and 
 22.5   effect without requirement for renewal until 90 days after the 
 22.6   date of the person's discharge from such service, provided that 
 22.7   a spouse's license must be renewed if the spouse is residing 
 22.8   within the state at the time the license expires or within 90 
 22.9   days after the spouse returns to Minnesota and resides within 
 22.10  the state. 
 22.11     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 22.12     Sec. 25.  [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIALS 
 22.13  DRIVERS.] 
 22.14     Subdivision 1. [ENDORSEMENT.] Before being issued or 
 22.15  renewing a class C, class B, or class A driver's license with a 
 22.16  hazardous materials endorsement, the applicant must comply with 
 22.17  federal regulations incorporated in this section. 
 22.18     Subd. 2. [ADOPTION OF FEDERAL REGULATIONS] Public Law 
 22.19  107-56, section 1012, as implemented in Code of Federal 
 22.20  Regulations, Title 49, is incorporated by reference. 
 22.21     Subd. 3. [RULES] The commissioner of public safety may 
 22.22  adopt rules pursuant to section 14.388, clause (1), in order to 
 22.23  implement this section. 
 22.24     [EFFECTIVE DATE.] This section is effective the day 
 22.25  following final enactment. 
 22.26     Sec. 26.  Minnesota Statutes 2000, section 221.0355, 
 22.27  subdivision 2, is amended to read: 
 22.28     Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
 22.29  following words and phrases have the meanings given them in this 
 22.30  subdivision: 
 22.31     (a) "Base state" means the state selected by a carrier 
 22.32  according to the procedures established by the uniform program. 
 22.33     (b) "Base state agreement" means the agreement between 
 22.34  participating states electing to register or permit carriers of 
 22.35  hazardous material or hazardous waste. 
 22.36     (c) "Carrier" means a person who operates a motor vehicle 
 23.1   used to transport hazardous material or hazardous waste. 
 23.2      (d) "Designated hazardous material" means a hazardous 
 23.3   material described in Code of Federal Regulations, title 49, 
 23.4   section 107.601, which is incorporated by reference. 
 23.5      (e) "Hazardous material" means: 
 23.6      (1) a hazardous material when the hazardous material is of 
 23.7   a type or in a quantity that requires the transport vehicle to 
 23.8   be placarded in accordance with Code of Federal Regulations, 
 23.9   title 49, part 172; or 
 23.10     (2) a hazardous substance or marine pollutant when 
 23.11  transported in bulk packaging as defined in Code of Federal 
 23.12  Regulations, title 49, section 171.8, which is incorporated by 
 23.13  reference. 
 23.14     (f) "Hazardous material transportation" means the 
 23.15  transportation of hazardous material or hazardous waste, or 
 23.16  both, on the public highways. 
 23.17     (g) "Hazardous waste" means hazardous waste of a type and 
 23.18  amount that requires the shipment to be accompanied by a uniform 
 23.19  hazardous waste manifest described in Code of Federal 
 23.20  Regulations, title 40, part 262, including state-designated 
 23.21  hazardous wastes when a list of state-designated hazardous 
 23.22  wastes has been filed by the state with the national repository 
 23.23  under the uniform program. 
 23.24     (h) "Participating state" means a state electing to 
 23.25  participate in the uniform program by entering a base state 
 23.26  agreement. 
 23.27     (i) "Person" means an individual, firm, copartnership, 
 23.28  cooperative, company, association, limited liability company, 
 23.29  corporation, or public entity. 
 23.30     (j) "Public entity" means a carrier who is a federal or 
 23.31  state agency or political subdivision. 
 23.32     (k) "Shipper" means a person who offers a designated 
 23.33  hazardous material to another person for shipment or who causes 
 23.34  a designated hazardous material to be transported or shipped by 
 23.35  another person. 
 23.36     (l) "Uniform application" means the uniform motor carrier 
 24.1   registration and permit application form established under the 
 24.2   uniform program. 
 24.3      (m) "Uniform program" means the Uniform State Hazardous 
 24.4   Materials Transportation Motor Carrier Registration and Permit 
 24.5   Program established in the report submitted to the secretary of 
 24.6   transportation pursuant to the "Hazardous Materials 
 24.7   Transportation Uniform Safety Act of 1990," United States Code, 
 24.8   title 49 appendix, section 1819, subsection (c).  
 24.9      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 24.10     Sec. 27.  Minnesota Statutes 2000, section 221.0355, 
 24.11  subdivision 3, is amended to read: 
 24.12     Subd. 3.  [GENERAL REQUIREMENTS.] Except as provided in 
 24.13  subdivision 17, after October 1, 1994: 
 24.14     (a) No carrier, other than a public entity, may transport a 
 24.15  hazardous material by motor vehicle in Minnesota unless it has 
 24.16  complied with subdivision 4. 
 24.17     (b) No carrier, other than a public entity, may transport a 
 24.18  hazardous waste in Minnesota unless it has complied with 
 24.19  subdivisions 4 and 5. 
 24.20     (c) No shipper may offer a designated hazardous material 
 24.21  for shipment or cause a designated hazardous material to be 
 24.22  transported or shipped in Minnesota unless it has complied with 
 24.23  subdivision 7. 
 24.24     (d) No carrier, other than a public entity, may transport a 
 24.25  designated hazardous material by rail or water in Minnesota 
 24.26  unless it has complied with subdivision 7a. 
 24.27     (e) No public entity may transport a hazardous material or 
 24.28  hazardous waste by motor vehicle in Minnesota unless it has 
 24.29  complied with subdivision 8. 
 24.30     (f) A carrier registered under this section, who 
 24.31  exclusively offers designated materials for shipment only in 
 24.32  vehicles controlled or operated by that carrier and who does not 
 24.33  offer hazardous materials to other private or for-hire carriers, 
 24.34  is not required to register as a shipper under subdivision 7. 
 24.35     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 24.36     Sec. 28.  Minnesota Statutes 2001 Supplement, section 
 25.1   260B.171, subdivision 1, is amended to read: 
 25.2      Subdivision 1.  [RECORDS REQUIRED TO BE KEPT.] (a) The 
 25.3   juvenile court judge shall keep such minutes and in such manner 
 25.4   as the court deems necessary and proper.  Except as provided in 
 25.5   paragraph (b), the court shall keep and maintain records 
 25.6   pertaining to delinquent adjudications until the person reaches 
 25.7   the age of 28 years and shall release the records on an 
 25.8   individual to another juvenile court that has jurisdiction of 
 25.9   the juvenile, to a requesting adult court for purposes of 
 25.10  sentencing, or to an adult court or juvenile court as required 
 25.11  by the right of confrontation of either the United States 
 25.12  Constitution or the Minnesota Constitution.  The juvenile court 
 25.13  shall provide, upon the request of any other juvenile court, 
 25.14  copies of the records concerning adjudications involving the 
 25.15  particular child.  The court also may provide copies of records 
 25.16  concerning delinquency adjudications, on request, to law 
 25.17  enforcement agencies, probation officers, and corrections agents 
 25.18  if the court finds that providing these records serves public 
 25.19  safety or is in the best interests of the child.  Juvenile court 
 25.20  delinquency proceeding records of adjudications, court 
 25.21  transcripts, and delinquency petitions, including any probable 
 25.22  cause attachments that have been filed or police officer reports 
 25.23  relating to a petition, and juvenile petty offense records must 
 25.24  be released to requesting law enforcement agencies, probation 
 25.25  officers, corrections agents, and prosecuting authorities for 
 25.26  purposes of investigating and prosecuting violations of section 
 25.27  609.229, provided that crimes, delinquent acts, or probation 
 25.28  violations.  Psychological or mental health reports may not be 
 25.29  included disclosed with those records unless the court finds 
 25.30  disclosure of psychological or mental health reports serves 
 25.31  public safety or is in the best interests of the child.  The 
 25.32  agency receiving the records may release the records only as 
 25.33  permitted under this section or authorized by law. 
 25.34     The court shall also keep an index in which files 
 25.35  pertaining to juvenile matters shall be indexed under the name 
 25.36  of the child.  After the name of each file shall be shown the 
 26.1   file number and, if ordered by the court, the book and page of 
 26.2   the register in which the documents pertaining to such file are 
 26.3   listed.  The court shall also keep a register properly indexed 
 26.4   in which shall be listed under the name of the child all 
 26.5   documents filed pertaining to the child and in the order filed.  
 26.6   The list shall show the name of the document and the date of 
 26.7   filing thereof.  The juvenile court legal records shall be 
 26.8   deposited in files and shall include the petition, summons, 
 26.9   notice, findings, orders, decrees, judgments, and motions and 
 26.10  such other matters as the court deems necessary and proper.  
 26.11  Unless otherwise provided by law, all court records shall be 
 26.12  open at all reasonable times to the inspection of any child to 
 26.13  whom the records relate, and to the child's parent and guardian. 
 26.14     (b) The court shall retain records of the court finding 
 26.15  that a juvenile committed an act that would be a felony- felony 
 26.16  or gross misdemeanor level offense until the offender reaches 
 26.17  the age of 28.  If the offender commits a felony as an adult, or 
 26.18  the court convicts a child as an extended jurisdiction juvenile, 
 26.19  the court shall retain the juvenile records for as long as the 
 26.20  records would have been retained if the offender had been an 
 26.21  adult at the time of the juvenile offense.  This paragraph does 
 26.22  not apply unless the juvenile was provided counsel as required 
 26.23  by section 260B.163, subdivision 2. 
 26.24     [EFFECTIVE DATE.] This section is effective August 1, 2002. 
 26.25     Sec. 29.  Minnesota Statutes 2000, section 299A.49, 
 26.26  subdivision 2, is amended to read: 
 26.27     Subd. 2.  [CHEMICAL ASSESSMENT TEAM.] "Chemical assessment 
 26.28  team" means a team trained and equipped to evaluate and mitigate 
 26.29  a hazardous materials incident and recommend the best means of 
 26.30  controlling the hazard after consideration of life safety 
 26.31  concerns, environmental effects, exposure hazards, quantity and 
 26.32  type of hazardous material, availability of local resources, or 
 26.33  other relevant factors. 
 26.34     [EFFECTIVE DATE.] This section is effective the day 
 26.35  following final enactment.  
 26.36     Sec. 30.  Minnesota Statutes 2000, section 299A.49, 
 27.1   subdivision 4, is amended to read: 
 27.2      Subd. 4.  [HAZARDOUS MATERIALS.] "Hazardous materials" 
 27.3   means substances or materials that, because of their chemical, 
 27.4   physical, or biological nature, pose a potential risk to life, 
 27.5   health, or property if they are released.  "Hazardous materials" 
 27.6   includes any substance or material in a particular form or 
 27.7   quantity that may pose an unreasonable risk to health, safety, 
 27.8   and property, or any substance or material in a quantity or form 
 27.9   that may be harmful to humans, animals, crops, water systems, or 
 27.10  other elements of the environment if accidentally released.  
 27.11  Hazardous substances so designated may include explosives, 
 27.12  radioactive materials, etiologic agents, flammable liquids or 
 27.13  solids, combustible liquids or solids, poisons, oxidizing or 
 27.14  corrosive materials, chemical and biological substances, and 
 27.15  flammable gases. 
 27.16     [EFFECTIVE DATE.] This section is effective the day 
 27.17  following final enactment. 
 27.18     Sec. 31.  Minnesota Statutes 2000, section 299C.063, 
 27.19  subdivision 2, is amended to read: 
 27.20     Subd. 2.  [EXPENSE REIMBURSEMENT.] The commissioner may 
 27.21  reimburse bomb disposal units for reasonable expenses incurred 
 27.22  to dispose of or neutralize bombs or other similar hazardous 
 27.23  explosives for their employer-municipality or for another 
 27.24  municipality outside the jurisdiction of the 
 27.25  employer-municipality but within the state.  Activation through 
 27.26  the division of emergency management duty officer is a condition 
 27.27  of reimbursement.  Operations outside the state of Minnesota may 
 27.28  be authorized by the commissioner of public safety as part of a 
 27.29  mutual assistance plan between states or between the state of 
 27.30  Minnesota and the federal government.  Reimbursement is limited 
 27.31  to the extent of appropriated funds. 
 27.32     Sec. 32.  [609.119] [ADDITIONAL COLLECTION OF BIOLOGICAL 
 27.33  SPECIMENS FOR DNA TESTING.] 
 27.34     (a) From July 1, 2002, to June 30, 2003, the court shall 
 27.35  order an offender to provide a biological specimen for the 
 27.36  purpose of future DNA analysis as described in section 299C.155 
 28.1   when: 
 28.2      (1) the court sentences a person charged with committing or 
 28.3   attempting to commit a felony offense not described in section 
 28.4   609.117, subdivision 1, and the person is convicted of that 
 28.5   offense or of any felony offense arising out of the same set of 
 28.6   circumstances; or 
 28.7      (2) the juvenile court adjudicates a person a delinquent 
 28.8   child who is petitioned for committing or attempting to commit a 
 28.9   felony offense not described in section 609.117, subdivision 1, 
 28.10  and is adjudicated delinquent for that offense or any 
 28.11  felony-level offense arising out of the same set of 
 28.12  circumstances. 
 28.13  The biological specimen shall be maintained by the bureau of 
 28.14  criminal apprehension as provided in section 299C.155. 
 28.15     (b) From July 1, 2002, to June 30, 2003, the commissioner 
 28.16  of corrections or local corrections authority shall order a 
 28.17  person to provide a biological specimen for the purpose of 
 28.18  future DNA analysis as described in section 299C.155 before 
 28.19  completion of the person's term of imprisonment when the person 
 28.20  has not provided a biological specimen for the purpose of DNA 
 28.21  analysis, and the person: 
 28.22     (1) was initially charged with committing or attempting to 
 28.23  commit a felony offense not described in section 609.117, 
 28.24  subdivision 1, and was convicted of that offense or of any 
 28.25  felony offense arising out of the same set of circumstances; or 
 28.26     (2) is serving a term of imprisonment in this state under a 
 28.27  reciprocal agreement although convicted in another state of 
 28.28  committing or attempting to commit a felony offense not 
 28.29  described in section 609.117, subdivision 1, or of any felony 
 28.30  offense arising out of the same set of circumstances if the 
 28.31  person was initially charged with committing or attempting to 
 28.32  commit a felony offense not described in section 609.117, 
 28.33  subdivision 1.  
 28.34  The commissioner of corrections or local corrections authority 
 28.35  shall forward the sample to the bureau of criminal apprehension. 
 28.36     (c) From July 1, 2002, to June 30, 2003, when the state 
 29.1   accepts an offender from another state under the interstate 
 29.2   compact authorized by section 243.16, the acceptance is 
 29.3   conditional on the offender providing a biological specimen for 
 29.4   the purposes of future DNA analysis as described in section 
 29.5   299C.155, if the offender was initially charged with committing 
 29.6   or attempting to commit a felony offense not described in 
 29.7   section 609.117, subdivision 1, and was convicted of that 
 29.8   offense or of any felony offense arising out of the same set of 
 29.9   circumstances.  The specimen must be provided under supervision 
 29.10  of staff from the department of corrections or a Community 
 29.11  Corrections Act county within 15 business days after the 
 29.12  offender reports to the supervising agent.  The cost of 
 29.13  obtaining the biological specimen is the responsibility of the 
 29.14  agency providing supervision. 
 29.15     Sec. 33.  Minnesota Statutes 2000, section 609.185, is 
 29.16  amended to read: 
 29.17     609.185 [MURDER IN THE FIRST DEGREE.] 
 29.18     Whoever does any of the following is guilty of murder in 
 29.19  the first degree and shall be sentenced to imprisonment for life:
 29.20     (1) causes the death of a human being with premeditation 
 29.21  and with intent to effect the death of the person or of another; 
 29.22     (2) causes the death of a human being while committing or 
 29.23  attempting to commit criminal sexual conduct in the first or 
 29.24  second degree with force or violence, either upon or affecting 
 29.25  the person or another; 
 29.26     (3) causes the death of a human being with intent to effect 
 29.27  the death of the person or another, while committing or 
 29.28  attempting to commit burglary, aggravated robbery, kidnapping, 
 29.29  arson in the first or second degree, a drive-by shooting, 
 29.30  tampering with a witness in the first degree, escape from 
 29.31  custody, or any felony violation of chapter 152 involving the 
 29.32  unlawful sale of a controlled substance; 
 29.33     (4) causes the death of a peace officer or a guard employed 
 29.34  at a Minnesota state or local correctional facility, with intent 
 29.35  to effect the death of that person or another, while the peace 
 29.36  officer or guard is engaged in the performance of official 
 30.1   duties; 
 30.2      (5) causes the death of a minor while committing child 
 30.3   abuse, when the perpetrator has engaged in a past pattern of 
 30.4   child abuse upon the child and the death occurs under 
 30.5   circumstances manifesting an extreme indifference to human life; 
 30.6   or 
 30.7      (6) causes the death of a human being while committing 
 30.8   domestic abuse, when the perpetrator has engaged in a past 
 30.9   pattern of domestic abuse upon the victim or upon another family 
 30.10  or household member and the death occurs under circumstances 
 30.11  manifesting an extreme indifference to human life; or 
 30.12     (7) causes the death of a human being while committing a 
 30.13  felony involving terrorism under sections 609.714 or 609.7141.  
 30.14     For purposes of clause (5), "child abuse" means an act 
 30.15  committed against a minor victim that constitutes a violation of 
 30.16  the following laws of this state or any similar laws of the 
 30.17  United States or any other state:  section 609.221; 609.222; 
 30.18  609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 
 30.19  609.377; 609.378; or 609.713. 
 30.20     For purposes of clause (6), "domestic abuse" means an act 
 30.21  that: 
 30.22     (1) constitutes a violation of section 609.221, 609.222, 
 30.23  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 30.24  609.713, or any similar laws of the United States or any other 
 30.25  state; and 
 30.26     (2) is committed against the victim who is a family or 
 30.27  household member as defined in section 518B.01, subdivision 2, 
 30.28  paragraph (b). 
 30.29     [EFFECTIVE DATE.] This section is effective the day 
 30.30  following final enactment and applies to crimes committed on or 
 30.31  after that date.  
 30.32     Sec. 34.  Minnesota Statutes 2000, section 609.505, is 
 30.33  amended to read: 
 30.34     609.505 [FALSELY REPORTING CRIME.] 
 30.35     Whoever informs a law enforcement officer that a crime has 
 30.36  been committed, knowing that it is false and intending that the 
 31.1   officer shall act in reliance upon it, is guilty of a gross 
 31.2   misdemeanor.  A person who is convicted a second or subsequent 
 31.3   time under this section is guilty of a gross misdemeanor may be 
 31.4   sentenced to imprisonment for not more than three years or to 
 31.5   payment of a fine of not more than $10,000, or both. 
 31.6      [EFFECTIVE DATE.] This section is effective the day 
 31.7   following final enactment and applies to crimes committed on or 
 31.8   after that date. 
 31.9      Sec. 35.  Minnesota Statutes 2000, section 609.531, 
 31.10  subdivision 1, is amended to read: 
 31.11     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
 31.12  609.531 to 609.5318, the following terms have the meanings given 
 31.13  them.  
 31.14     (a) "Conveyance device" means a device used for 
 31.15  transportation and includes, but is not limited to, a motor 
 31.16  vehicle, trailer, snowmobile, airplane, and vessel and any 
 31.17  equipment attached to it.  The term "conveyance device" does not 
 31.18  include property which is, in fact, itself stolen or taken in 
 31.19  violation of the law.  
 31.20     (b) "Weapon used" means a dangerous weapon as defined under 
 31.21  section 609.02, subdivision 6, that the actor used or had in 
 31.22  possession in furtherance of a crime.  
 31.23     (c) "Property" means property as defined in section 609.52, 
 31.24  subdivision 1, clause (1).  
 31.25     (d) "Contraband" means property which is illegal to possess 
 31.26  under Minnesota law.  
 31.27     (e) "Appropriate agency" means the bureau of criminal 
 31.28  apprehension, the Minnesota state patrol, a county sheriff's 
 31.29  department, the suburban Hennepin regional park district park 
 31.30  rangers, the department of natural resources division of 
 31.31  enforcement, the University of Minnesota police department, or a 
 31.32  city or airport police department.  
 31.33     (f) "Designated offense" includes:  
 31.34     (1) for weapons used:  any violation of this chapter, 
 31.35  chapter 152, section 609.712, 609.714, 609.7141, 609.7142, or 
 31.36  609.7143, or chapter 624; 
 32.1      (2) for any violation of section 609.712, 609.714, 
 32.2   609.7141, 609.7142, or 609.7143, or a felony violation of, or a 
 32.3   felony-level attempt or conspiracy to violate, section 609.625, 
 32.4   subdivision 4; 609.532, subdivision 3, clause (3); 609.713; or a 
 32.5   gross misdemeanor violation of section 609.605; and 
 32.6      (3) for all other purposes:  a felony violation of, or a 
 32.7   felony-level attempt or conspiracy to violate, section 325E.17; 
 32.8   325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 
 32.9   609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322; 
 32.10  609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 32.11  1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
 32.12  (e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
 32.13  and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
 32.14  609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 
 32.15  609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631; 
 32.16  609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 
 32.17  12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
 32.18  609.895; 617.246; or a gross misdemeanor or felony violation of 
 32.19  section 609.891 or 624.7181; or any violation of section 609.324.
 32.20     (g) "Controlled substance" has the meaning given in section 
 32.21  152.01, subdivision 4.  
 32.22     [EFFECTIVE DATE.] This section is effective the day 
 32.23  following final enactment and applies to crimes committed on or 
 32.24  after that date.  
 32.25     Sec. 36.  Minnesota Statutes 2000, section 609.532, 
 32.26  subdivision 3, is amended to read: 
 32.27     Subd. 3.  [ISSUANCE OF A COURT ORDER.] If the court finds 
 32.28  that (1) there is probable cause that the account holder was 
 32.29  involved in the commission of a felony; (2) the accounts of the 
 32.30  account holder are specifically identified; (3) there was a loss 
 32.31  of $10,000 or more as a result of the commission of the alleged 
 32.32  felony, or the account holder is charged with murder, attempted 
 32.33  murder, conspiracy to commit murder, or a violation of section 
 32.34  609.668 (prohibited acts involving explosive or incendiary 
 32.35  devices), section 609.712 (use or possession of a weapon of mass 
 32.36  destruction), section 609.713 (terroristic threats), or a 
 33.1   terroristic crime under section 609.714, 609.7141, 609.7142, or 
 33.2   609.7143; and (4) it is necessary to freeze the account holder's 
 33.3   funds or assets to ensure eventual restitution to victims of the 
 33.4   alleged offense, the court may order the financial institution 
 33.5   to freeze all or part of the account holder's deposited funds or 
 33.6   assets so that the funds or assets may not be withdrawn or 
 33.7   disposed of until further order of the court. 
 33.8      [EFFECTIVE DATE.] This section is effective the day 
 33.9   following final enactment and applies to crimes committed on or 
 33.10  after that date. 
 33.11     Sec. 37.  Minnesota Statutes 2000, section 609.605, 
 33.12  subdivision 4, is amended to read: 
 33.13     Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
 33.14  misdemeanor for a person to enter or be found in a public or 
 33.15  nonpublic elementary, middle, or secondary school building 
 33.16  unless the person: 
 33.17     (1) is an enrolled student in, a parent or guardian of an 
 33.18  enrolled student in, or an employee of the school or school 
 33.19  district; 
 33.20     (2) has permission or an invitation from a school official 
 33.21  to be in the building; 
 33.22     (3) is attending a school event, class, or meeting to which 
 33.23  the person, the public, or a student's family is invited; or 
 33.24     (4) has reported the person's presence in the school 
 33.25  building in the manner required for visitors to the school. 
 33.26     (b) It is a misdemeanor for a person to be on the roof of a 
 33.27  public or nonpublic elementary, middle, or secondary school 
 33.28  building unless the person has permission from a school official 
 33.29  to be on the roof of the building. 
 33.30     (c) It is a gross misdemeanor for a group of three or more 
 33.31  persons to enter or be found in a public or nonpublic 
 33.32  elementary, middle, or secondary school building unless one of 
 33.33  the persons: 
 33.34     (1) is an enrolled student in, a parent or guardian of an 
 33.35  enrolled student in, or an employee of the school or school 
 33.36  district; 
 34.1      (2) has permission or an invitation from a school official 
 34.2   to be in the building; 
 34.3      (3) is attending a school event, class, or meeting to which 
 34.4   the person, the public, or a student's family is invited; or 
 34.5      (4) has reported the person's presence in the school 
 34.6   building in the manner required for visitors to the school. 
 34.7      (c) (d) It is a misdemeanor for a person to enter or be 
 34.8   found on school property within six months after being told by 
 34.9   the school principal or the principal's designee to leave the 
 34.10  property and not to return, unless the principal or the 
 34.11  principal's designee has given the person permission to return 
 34.12  to the property.  As used in this paragraph, "school property" 
 34.13  has the meaning given in section 152.01, subdivision 14a, 
 34.14  clauses (1) and (3). 
 34.15     (d) (e) A school principal or a school employee designated 
 34.16  by the school principal to maintain order on school property, 
 34.17  who has reasonable cause to believe that a person is violating 
 34.18  this subdivision may detain the person in a reasonable manner 
 34.19  for a reasonable period of time pending the arrival of a peace 
 34.20  officer.  A school principal or designated school employee is 
 34.21  not civilly or criminally liable for any action authorized under 
 34.22  this paragraph if the person's action is based on reasonable 
 34.23  cause. 
 34.24     (e) (f) A peace officer may arrest a person without a 
 34.25  warrant if the officer has probable cause to believe the person 
 34.26  violated this subdivision within the preceding four hours.  The 
 34.27  arrest may be made even though the violation did not occur in 
 34.28  the peace officer's presence. 
 34.29     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 34.30  and applies to all crimes committed on or after that date. 
 34.31     Sec. 38.  [609.6055] [TRESPASS ON UTILITY PROPERTY.] 
 34.32     Subdivision 1.  [PENALTIES.] If a person trespasses upon 
 34.33  any nonpublic portion of real property containing a critical 
 34.34  public service facility, utility, or pipeline, and does so: 
 34.35     (1) with intent to tamper, damage, or otherwise disrupt 
 34.36  either the safe operation of the pipeline or utility equipment 
 35.1   or facility or the provision of services by a critical public 
 35.2   service facility, the person is guilty of a felony; or 
 35.3      (2) without claim of right or consent of one who has the 
 35.4   right to give consent to be on the property, the person is 
 35.5   guilty of a gross misdemeanor. 
 35.6      Subd. 2.  [DETENTION AUTHORITY; LIABILITY.] An employee, or 
 35.7   other person, designated by a pipeline, utility, or critical 
 35.8   public service facility to ensure the safe operation of the 
 35.9   equipment or facility of the pipeline or utility or the 
 35.10  provision of services by a critical public service facility who 
 35.11  has a reasonable suspicion to believe that a person is 
 35.12  committing the offense described in subdivision 1 may detain the 
 35.13  person in a reasonable manner for a reasonable period of time 
 35.14  pending the arrival of a peace officer.  The employee or other 
 35.15  designated person is not liable, either criminally or civilly, 
 35.16  for any action authorized under this subdivision if the person's 
 35.17  action is based on a reasonable suspicion. 
 35.18     Subd. 3.  [ARREST AUTHORITY.] A peace officer may arrest a 
 35.19  person without a warrant if the officer has probable cause to 
 35.20  believe the person violated this subdivision within the 
 35.21  preceding four hours.  The arrest may be made even though the 
 35.22  violation did not occur in the presence of the peace officer. 
 35.23     Subd. 4.  [DEFINITIONS.] For purposes of this section: 
 35.24     (a) "Critical public service facility" includes railroad 
 35.25  yards and stations, bus stations, airports, and other mass 
 35.26  transit facilities; oil refineries; storage areas or facilities 
 35.27  for hazardous materials, hazardous substances, or hazardous 
 35.28  wastes; and bridges.  Critical public service facility does not 
 35.29  include railroad tracks extending beyond critical public service 
 35.30  facilities, and the property located above buried power or 
 35.31  telecommunications lines or property located below suspended 
 35.32  power or telecommunications lines . 
 35.33     (b) "Pipeline" means an above-ground pipeline, including 
 35.34  storage areas, subject to Code of Federal Regulations, title 49, 
 35.35  parts 192, 193, and 195. 
 35.36     (c) "Utility" includes (1) any organization defined as a 
 36.1   utility in section 216C.06, subdivision 5, or that is subject to 
 36.2   the regulations of the federal Nuclear Regulatory Agency or 
 36.3   Department of Energy, (2) any telecommunications carrier or 
 36.4   telephone company regulated under chapter 237 or subject to the 
 36.5   regulations of the Federal Communications Commission, and (3) 
 36.6   any local utility or enterprise formed for the purpose of 
 36.7   providing electrical or gas heating and power, telephone, water, 
 36.8   sewage, wastewater, or other related utility service, which is 
 36.9   owned, controlled, or regulated by a town, a statutory or home 
 36.10  rule charter city, a county, a port development authority, the 
 36.11  metropolitan council, a district heating authority, a regional 
 36.12  commission or other regional government unit, or a combination 
 36.13  of these governmental units. 
 36.14     [EFFECTIVE DATE.] This section is effective the day 
 36.15  following final enactment and applies to crimes committed on or 
 36.16  after that date. 
 36.17     Sec. 39.  Minnesota Statutes 2000, section 609.625, is 
 36.18  amended by adding a subdivision to read: 
 36.19     Subd. 4.  [FURTHERING TERRORISTIC ACTIVITY.] (a) Whoever 
 36.20  commits an offense described in section 171.22, subdivision 1, 
 36.21  or 609.63, with intent to assist or in any other way facilitate 
 36.22  an act of terrorism, is guilty of a felony and may be sentenced 
 36.23  to imprisonment for not more than ten years or to payment of a 
 36.24  fine of not more than $20,000, or both. 
 36.25     (b) A court may provide that all or any part of the fine 
 36.26  imposed be disbursed as restitution to any victims of a crime 
 36.27  committed contemporaneously with commission of the felony 
 36.28  described in paragraph (a). 
 36.29     [EFFECTIVE DATE.] This section is effective the day 
 36.30  following final enactment and applies to crimes committed on or 
 36.31  after that date.  
 36.32     Sec. 40.  Minnesota Statutes 2000, section 609.668, 
 36.33  subdivision 6, is amended to read: 
 36.34     Subd. 6.  [ACTS PROHIBITED; PENALTIES.] (a) Except as 
 36.35  otherwise provided in this section, whoever possesses, 
 36.36  manufactures, transports, or stores an explosive device or 
 37.1   incendiary device in violation of this section may be sentenced 
 37.2   to imprisonment for not more than ten years or to payment of a 
 37.3   fine of not more than $20,000, or both. 
 37.4      (b) Whoever legally possesses, manufactures, transports, or 
 37.5   stores an explosive device or incendiary device, with intent to 
 37.6   use the device to damage property or cause injury, may be 
 37.7   sentenced to imprisonment for not more than ten years or to 
 37.8   payment of a fine of not more than $20,000, or both. 
 37.9      (c) Whoever, acting with gross disregard for human life or 
 37.10  property, negligently causes an explosive device or incendiary 
 37.11  device to be discharged, may be sentenced to imprisonment for 
 37.12  not more than 20 years or to payment of a fine of not more than 
 37.13  $100,000, or both.  
 37.14     (d) Whoever intentionally places any explosive or 
 37.15  incendiary device in, upon, under, against, or near any 
 37.16  building, motor vehicle, vessel, railroad, airplane, public 
 37.17  utility transmission system, or structure, with intent to 
 37.18  destroy or injure it without consent or legal authority, whether 
 37.19  or not it actually explodes, is guilty of a felony and may be 
 37.20  sentenced to imprisonment for not more than 20 years or to 
 37.21  payment of a fine of not more than $100,000, or both.  
 37.22     (e) Whoever intentionally places a simulated explosive or 
 37.23  incendiary device in, upon, under, against, or near any 
 37.24  building, motor vehicle, vessel, railroad, airplane, public 
 37.25  utility transmission system, or structure, with intent to cause 
 37.26  another person to fear destruction of property or injury, is 
 37.27  guilty of a felony and may be sentenced to imprisonment for not 
 37.28  more than ten years or to payment of a fine of not more than 
 37.29  $20,000, or both. 
 37.30     [EFFECTIVE DATE.] This section is effective the day 
 37.31  following final enactment and applies to crimes committed on or 
 37.32  after that date. 
 37.33     Sec. 41.  [609.712] [WEAPON OF MASS DESTRUCTION; SIMULATED 
 37.34  WEAPON OF MASS DESTRUCTION.] 
 37.35     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 37.36  following terms have the meanings given them in this subdivision.
 38.1      (a) "Weapon of mass destruction" means any device, object, 
 38.2   substance, microorganism, virus, infectious substance, toxin, or 
 38.3   toxic chemical that, by any means, is designed or intended to 
 38.4   cause death, great bodily harm, or serious bodily harm, or 
 38.5   serious damage to property or the environment. 
 38.6      (b) "Simulated weapon of mass destruction" means any 
 38.7   device, substance, or object that by its design is intended to 
 38.8   simulate a weapon of mass destruction, as that term is defined 
 38.9   in this subdivision. 
 38.10     Subd. 2.  [MANUFACTURE, POSSESSION, OR USE OF A WEAPON OF 
 38.11  MASS DESTRUCTION.] A person who, without lawful authority, 
 38.12  sells, delivers, displays, uses, threatens to use, manufactures 
 38.13  or possesses with intent to injure, or who makes readily 
 38.14  accessible to others a weapon of mass destruction is guilty of a 
 38.15  felony and may be sentenced to imprisonment for up to 30 years 
 38.16  or to payment of a fine of $100,000, or both. 
 38.17     Subd. 3.  [SIMULATED WEAPON OF MASS DESTRUCTION.] Any 
 38.18  person who sells, delivers, displays, uses, threatens to use, 
 38.19  manufactures, or possesses, or who makes readily accessible to 
 38.20  others a simulated weapon of mass destruction with the intent to 
 38.21  cause fear in another person of death, great bodily harm, 
 38.22  serious bodily harm, or significant damage to property or the 
 38.23  environment, is guilty of a felony and may be sentenced to 
 38.24  imprisonment for not more than 20 years or to payment of a fine 
 38.25  of not more than $40,000, or both. 
 38.26     Subd. 4.  [LIMITED EXCEPTIONS.] Subdivisions 2 and 3 do not 
 38.27  apply to any member or employee of the armed forces of the 
 38.28  United States, a federal or state governmental agency, or a 
 38.29  private entity who is otherwise engaged in lawful activity 
 38.30  within the scope of employment if the person is otherwise duly 
 38.31  authorized or licensed to manufacture, possess, sell, deliver, 
 38.32  display, or otherwise engage in activity proscribed by this 
 38.33  section and if the person is in compliance with applicable 
 38.34  federal and state law. 
 38.35     Subd. 5.  [CIVIL ACTION TO RECOVER.] A person who violates 
 38.36  subdivision 2 or 3 shall be liable in a civil action brought by 
 39.1      (1) an individual for damages resulting from the violation; 
 39.2   or 
 39.3      (2) a municipality, the state, or a rescue organization to 
 39.4   recover expenses incurred to provide investigative, rescue, 
 39.5   medical, or other services for circumstances or injuries which 
 39.6   resulted from the violation.  
 39.7      [EFFECTIVE DATE.] This section is effective the day 
 39.8   following final enactment and applies to crimes committed on or 
 39.9   after that date. 
 39.10     Sec. 42.  Minnesota Statutes 2000, section 609.713, 
 39.11  subdivision 1, is amended to read: 
 39.12     Subdivision 1.  Whoever threatens, directly or indirectly, 
 39.13  to commit any crime of violence with purpose to terrorize 
 39.14  another or to cause evacuation of a building, place of assembly, 
 39.15  vehicle or facility of public transportation or otherwise to 
 39.16  cause serious public inconvenience, or in a reckless disregard 
 39.17  of the risk of causing such terror or inconvenience may be 
 39.18  sentenced to imprisonment for not more than five ten years or to 
 39.19  payment of a fine of not more than $10,000 $50,000, or both.  As 
 39.20  used in this subdivision, "crime of violence" has the meaning 
 39.21  given "violent crime" in section 609.1095, subdivision 1, 
 39.22  paragraph (d). 
 39.23     [EFFECTIVE DATE.] This section is effective August 1, 2002, 
 39.24  and applies to crimes committed on or after that date. 
 39.25     Sec. 43.  Minnesota Statutes 2000, section 609.713, is 
 39.26  amended by adding a subdivision to read: 
 39.27     Subd. 4.  Prosecution under this section is not a bar to 
 39.28  prosecution under section 609.714. 
 39.29     [EFFECTIVE DATE.] This section is effective the day 
 39.30  following final enactment and applies to crimes committed on or 
 39.31  after that date. 
 39.32     Sec. 44.  [609.7131] [INTRODUCING OR THREATENING TO 
 39.33  INTRODUCE LIVESTOCK, CAPTIVE CERVIDAE, POULTRY, OR WILD DEER 
 39.34  PATHOGENS.] 
 39.35     Subdivision 1.  [LIVESTOCK, CAPTIVE CERVIDAE, AND 
 39.36  POULTRY.] (a) Whoever intentionally introduces an organism 
 40.1   pathogenic to livestock, captive cervidae, or poultry is guilty 
 40.2   of a felony. 
 40.3      (b) Whoever threatens to introduce an organism pathogenic 
 40.4   to livestock, captive cervidae, or poultry located in this state 
 40.5   with purpose to terrorize the owner of the livestock, captive 
 40.6   cervidae, or poultry or to terrorize members of the public is 
 40.7   guilty of a gross misdemeanor.  
 40.8      (c) It is an affirmative defense to criminal liability 
 40.9   under this subdivision that the organism has a recognized 
 40.10  therapeutic veterinary purpose. 
 40.11     Subd. 2.  [WILD DEER.] (a) Whoever introduces an organism 
 40.12  pathogenic to wild deer is guilty of a felony. 
 40.13     (b) Whoever threatens to introduce an organism pathogenic 
 40.14  to wild deer located in this state with purpose to terrorize 
 40.15  members of the public is guilty of a gross misdemeanor.  
 40.16     (c) It is an affirmative defense to criminal liability 
 40.17  under this subdivision that the organism has a recognized 
 40.18  therapeutic veterinary purpose. 
 40.19     Subd. 3.  [PENALTY.] (a) A person convicted of violating 
 40.20  subdivision 1, paragraph (a), or subdivision 2, paragraph (a), 
 40.21  may be sentenced to imprisonment for not more than ten years or 
 40.22  to payment of a fine of not more than $20,000, or both. 
 40.23     (b) A person convicted of violating subdivision 1, 
 40.24  paragraph (b), or subdivision 2, paragraph (b), may be sentenced 
 40.25  to imprisonment for not more than one year or to payment of a 
 40.26  fine of not more than $3,000, or both.  
 40.27     Subd. 4.  [CIVIL ACTION.] Any person injured by a violation 
 40.28  of subdivision 1 may bring an action for the damages sustained, 
 40.29  costs, and attorney fees. 
 40.30     [EFFECTIVE DATE.] This section is effective the day 
 40.31  following final enactment and applies to crimes committed on or 
 40.32  after that date. 
 40.33     Sec. 45.  [609.714] [TERRORISM.] 
 40.34     Subdivision 1. [TERRORISM.] A person is guilty of the crime 
 40.35  of terrorism if the person commits a crime of violence, as 
 40.36  defined in subdivision 2, which is intended to terrorize, or in 
 41.1   reckless disregard for causing such terror to, a considerable 
 41.2   number of members of the public, excluding those directly 
 41.3   affected, or who would have been directly affected, by the crime 
 41.4   of violence. 
 41.5      Subd. 2.  [CRIME OF VIOLENCE.] As used in subdivision 1, 
 41.6   "crime of violence" includes felony violations of:  murder; 
 41.7   manslaughter; assault; drive-by shootings; use or distribution 
 41.8   of drugs to injure or to facilitate crimes causing great bodily 
 41.9   harm; robbery; kidnapping; false imprisonment; criminal sexual 
 41.10  conduct; theft of a firearm; shooting at a public transit 
 41.11  vehicle or facility; reckless use of a gun or dangerous weapon; 
 41.12  intentionally pointing a gun at or towards a human being; 
 41.13  unlawfully owning, possessing, operating a machine gun or 
 41.14  short-barreled shotgun; criminal vehicular homicide; piracy, 
 41.15  robbery, or theft of motor vehicles, aircraft, trains, 
 41.16  water-going vessels, or other means of transportation; and an 
 41.17  attempt to commit any of these offenses, as each of those 
 41.18  offenses is defined in chapters 152 and 609. 
 41.19     Subd. 3.  [PENALTY] (a) A person who commits the crime of 
 41.20  terrorism shall be sentenced to imprisonment for not less than 
 41.21  five years, but not more than 30 years, or to a payment of a 
 41.22  fine of not more than $100,000, or both. 
 41.23     (b) A person who commits the crime of terrorism resulting 
 41.24  in the death of another is guilty of murder in the first degree 
 41.25  under section 609.185, clause (7). 
 41.26     [EFFECTIVE DATE.] This section is effective the day 
 41.27  following final enactment and applies to crimes committed on or 
 41.28  after that date. 
 41.29     Sec. 46.  [609.7141] [HINDERING APPREHENSION OR PROSECUTION 
 41.30  FOR TERRORISM.] 
 41.31     (a)  Except as provided in paragraph (b), a person commits 
 41.32  a felony who engages in any of the following conduct with the 
 41.33  purpose to hinder the detention, apprehension, investigation, 
 41.34  prosecution, conviction, or punishment of another who has 
 41.35  committed the crime of terrorism under section 609.714: 
 41.36     (1) harbors or conceals the other; 
 42.1      (2) provides or aids in providing a weapon, money, 
 42.2   transportation, disguise, or other means of avoiding discovery 
 42.3   or apprehension or effecting escape; 
 42.4      (3) suppresses, by way of concealment or destruction, any 
 42.5   evidence of the crime, or tampers with a witness, informant, 
 42.6   document, or other source of information, regardless of its 
 42.7   admissibility in evidence, which might aid in the discovery or 
 42.8   apprehension of such person or in the lodging of a charge 
 42.9   against the person; 
 42.10     (4) warns another person of impending discovery or 
 42.11  apprehension, except that this paragraph does not apply to a 
 42.12  warning given in connection with an effort to bring another into 
 42.13  compliance with law; 
 42.14     (5) prevents or obstructs, by means of force, intimidation, 
 42.15  or deception, anyone from performing an act which might aid in 
 42.16  the discovery or apprehension of such person or in the lodging 
 42.17  of a charge against the person; 
 42.18     (6) aids such person to protect or expeditiously profit 
 42.19  from an advantage derived from such crime; or 
 42.20     (7) gives false or intentionally misleading information to 
 42.21  a law enforcement officer. 
 42.22     (b) A person who violates this paragraph may be sentenced 
 42.23  to imprisonment for not more than ten years or to a payment of a 
 42.24  fine of not more than $20,000, or both. 
 42.25     (c) A person who violates paragraph (a) resulting in the 
 42.26  death of another is guilty of murder in the first degree under 
 42.27  section 609.185, clause (7). 
 42.28     [EFFECTIVE DATE.] This section is effective the day 
 42.29  following final enactment and applies to crimes committed on or 
 42.30  after that date.  
 42.31     Sec. 47.  [609.7142] [SOLICITATION TO COMMIT TERRORISM.] 
 42.32     A person who aids terrorism through financial 
 42.33  contributions, or provides material support or resources knowing 
 42.34  that the material support or resources will be used to further 
 42.35  an act of terrorism or who solicits another to commit an act of 
 42.36  terrorism, is guilty of a crime and may be sentenced to 
 43.1   imprisonment for not more than ten years or to payment of a fine 
 43.2   of not more than $20,000. 
 43.3      [EFFECTIVE DATE.] This section is effective the day 
 43.4   following final enactment and applies to crimes committed on or 
 43.5   after that date.  
 43.6      Sec. 48.  [609.7143] [USING HAZARDOUS MATERIAL FOR ACT OF 
 43.7   TERRORISM.] 
 43.8      Subdivision 1.  [DEFINITION.] For purposes of this section, 
 43.9   "hazardous material" has the meaning given it in section 299A.49 
 43.10  and includes all hazardous materials, radioactive materials, 
 43.11  infectious agents, etiologic agents, explosives, flammable 
 43.12  agents, and other substances that pose a danger to life and that 
 43.13  are subject to the federal regulations in Code of Federal 
 43.14  Regulations, title 42, section 72.3, or title 49, part 172, 
 43.15  subpart F. 
 43.16     Subd. 2.  [CRIME TO TAMPER WITH TERRORISTIC INTENT.] A 
 43.17  person is guilty of a felony if the person tampers with any 
 43.18  vehicle or equipment being used for the containment, storage, or 
 43.19  transportation of hazardous material with the intent to aid or 
 43.20  commit an act of terrorism. 
 43.21     Subd. 3.  [PENALTY; RESTITUTION.] (a) A person convicted of 
 43.22  committing a crime described in subdivision 2 is subject to 
 43.23  imprisonment for not more than ten years and to payment of a 
 43.24  fine not to exceed $100,000 for each participating person and, 
 43.25  if an organization, to payment of a fine not to exceed 
 43.26  $1,000,000.  (b) A court may provide that all or any part of the 
 43.27  fine imposed be disbursed as restitution to any victims of a 
 43.28  crime described in subdivision 2 or of another crime committed 
 43.29  contemporaneously with or as part of the same conduct in the 
 43.30  commission of, or in a scheme to commit, an act of terrorism. 
 43.31     [EFFECTIVE DATE.] This section is effective the day 
 43.32  following final enactment and applies to crimes committed on or 
 43.33  after that date. 
 43.34     Sec. 49.  Minnesota Statutes 2000, section 624.712, 
 43.35  subdivision 5, is amended to read: 
 43.36     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 44.1   murder in the first, second, and third degrees, manslaughter in 
 44.2   the first and second degrees, aiding suicide, aiding attempted 
 44.3   suicide, felony violations of assault in the first, second, 
 44.4   third, and fourth degrees, assaults motivated by bias under 
 44.5   section 609.2231, subdivision 4, terrorism, drive-by shootings, 
 44.6   terroristic threats, use of drugs to injure or to facilitate 
 44.7   crime, crimes committed for the benefit of a gang, commission of 
 44.8   a crime while wearing or possessing a bullet-resistant vest, 
 44.9   simple robbery, aggravated robbery, kidnapping, false 
 44.10  imprisonment, criminal sexual conduct in the first, second, 
 44.11  third, and fourth degrees, theft of a firearm, felony theft 
 44.12  involving the intentional taking or driving of a motor vehicle 
 44.13  without the consent of the owner or the authorized agent of the 
 44.14  owner, felony theft involving the taking of property from a 
 44.15  burning, abandoned, or vacant building, or from an area of 
 44.16  destruction caused by civil disaster, riot, bombing, or the 
 44.17  proximity of battle, felony theft involving the theft of a 
 44.18  controlled substance, an explosive, or an incendiary device, 
 44.19  arson in the first and second degrees, riot, burglary in the 
 44.20  first, second, third, and fourth degrees, harassment and 
 44.21  stalking, shooting at a public transit vehicle or facility, 
 44.22  reckless use of a gun or dangerous weapon, intentionally 
 44.23  pointing a gun at or towards a human being, setting a spring 
 44.24  gun, and unlawfully owning, possessing, operating a machine gun 
 44.25  or short-barreled shotgun, and an attempt to commit any of these 
 44.26  offenses, as each of those offenses is defined in chapter 609.  
 44.27  "Crime of violence" also includes felony violations of the 
 44.28  following:  malicious punishment of a child; neglect or 
 44.29  endangerment of a child; and chapter 152.  
 44.30     [EFFECTIVE DATE.] This section is effective the day 
 44.31  following final enactment and applies to crimes committed on or 
 44.32  after that date. 
 44.33     Sec. 50.  Minnesota Statutes 2000, section 626A.01, 
 44.34  subdivision 3, is amended to read: 
 44.35     Subd. 3.  [WIRE COMMUNICATIONS.] "Wire communication" means 
 44.36  any aural transfer made in whole or in part through the use of 
 45.1   facilities for the transmission of communications by the aid of 
 45.2   wire, cable, or other like connection between the point of 
 45.3   origin and the point of reception, including the use of such 
 45.4   connection in a switching station.  "Wire communication" 
 45.5   includes any electronic storage of the communication.  
 45.6      [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 45.7      Sec. 51.  Minnesota Statutes 2000, section 626A.01, 
 45.8   subdivision 16, is amended to read: 
 45.9      Subd. 16.  [ELECTRONIC COMMUNICATIONS SYSTEM.] "Electronic 
 45.10  communications system" means a wire, radio, electromagnetic, 
 45.11  photooptical, or photoelectronic facility for the transmission 
 45.12  of wire or electronic communications, and a computer facility or 
 45.13  related electronic equipment for the electronic storage of 
 45.14  communications. 
 45.15     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 45.16     Sec. 52.  Minnesota Statutes 2000, section 626A.05, 
 45.17  subdivision 2, is amended to read: 
 45.18     Subd. 2.  [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL 
 45.19  COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing 
 45.20  interception of wire, electronic, or oral communications by 
 45.21  investigative or law enforcement officers may only be issued 
 45.22  when the interception may provide evidence of the commission of, 
 45.23  or of an attempt or conspiracy to commit, any of the following 
 45.24  offenses:  
 45.25     (1) a felony offense involving murder, manslaughter, 
 45.26  assault in the first, second, and third degrees, aggravated 
 45.27  robbery, kidnapping, criminal sexual conduct in the first, 
 45.28  second, and third degrees, prostitution, bribery, 
 45.29  perjury, intentional placement of an explosive or incendiary 
 45.30  device, weapons of mass destruction, terrorism, escape from 
 45.31  custody, theft, receiving stolen property, computer crime, 
 45.32  embezzlement, burglary in the first, second, and third degrees, 
 45.33  forgery, aggravated forgery, check forgery, or financial 
 45.34  transaction card fraud, as punishable under sections 609.185, 
 45.35  609.19, 609.195, 609.20, 609.221, 609.222, 609.223, 609.2231, 
 45.36  609.245, 609.25, 609.321 to 609.324, 609.342, 609.343, 609.344, 
 46.1   609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause 
 46.2   (1), 609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 
 46.3   609.631, 609.668, 609.712, 609.714, 609.821, and 609.825, 
 46.4   609.88, 609.89, 609.891; 
 46.5      (2) an offense relating to gambling or controlled 
 46.6   substances, as punishable under section 609.76 or chapter 152; 
 46.7   or 
 46.8      (3) an offense relating to restraint of trade defined in 
 46.9   section 325D.53, subdivision 1 or 2, as punishable under section 
 46.10  325D.56, subdivision 2. 
 46.11     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 46.12     Sec. 53.  Minnesota Statutes 2000, section 626A.06, 
 46.13  subdivision 11, is amended to read: 
 46.14     Subd. 11.  [REQUIREMENTS INAPPLICABLE.] If permitted by 
 46.15  United States Code, title 18, section 2518, the requirements of 
 46.16  subdivision 1, clause (b)(ii), and subdivision 3, clause (d), 
 46.17  relating to the specification of the facilities from which, or 
 46.18  the place where, the communication is to be interpreted 
 46.19  intercepted do not apply if: 
 46.20     (1) in the case of an application with respect to the 
 46.21  interception of an oral communication: 
 46.22     (i)  the application contains a full and complete statement 
 46.23  as to why the specification is not practical and identifies the 
 46.24  person committing the offense and whose communications are to be 
 46.25  intercepted; and 
 46.26     (ii) the judge finds that the specification is not 
 46.27  practical. 
 46.28     (2) in the case of an application with respect to a wire or 
 46.29  electronic communication: 
 46.30     (i) the application identifies the person believed to be 
 46.31  committing the offense and whose communications are to be 
 46.32  intercepted and the applicant makes a showing of a purpose, on 
 46.33  the part of that person, to thwart interception by changing 
 46.34  facilities; and 
 46.35     (ii) the judge finds that the purpose has been adequately 
 46.36  shown. 
 47.1      [EFFECTIVE DATE.] This section is effective July 1, 2002.  
 47.2      Sec. 54.  Minnesota Statutes 2000, section 626A.06, 
 47.3   subdivision 11, is amended to read: 
 47.4      Subd. 11.  [REQUIREMENTS INAPPLICABLE.] The requirements of 
 47.5   subdivision 1, clause (b)(ii), and subdivision 3, clause (d), 
 47.6   relating to the specification of the facilities from which, or 
 47.7   the place where, the communication is to be interpreted do not 
 47.8   apply if: 
 47.9      (1) in the case of an application with respect to the 
 47.10  interception of an oral communication: 
 47.11     (i)  the application contains a full and complete statement 
 47.12  as to why the specification is not practical and identifies the 
 47.13  person committing the offense and whose communications are to be 
 47.14  intercepted; and 
 47.15     (ii) the judge finds that the specification is not 
 47.16  practical. 
 47.17     (2) in the case of an application with respect to a wire or 
 47.18  electronic communication: 
 47.19     (i) the application identifies the person believed to be 
 47.20  committing the offense and whose communications are to be 
 47.21  intercepted and the applicant makes a showing of a purpose, on 
 47.22  the part of that person, to thwart interception by changing 
 47.23  facilities that there is probable cause to believe that the 
 47.24  person's actions could have the effect of thwarting interception 
 47.25  from a specified facility; and 
 47.26     (ii) the judge finds that the purpose has been adequately 
 47.27  shown; and 
 47.28     (iii) the order authorizing or approving the interception 
 47.29  is limited to interception only for such time as it is 
 47.30  reasonable to presume that the person identified in the 
 47.31  application is or was reasonably proximate to the instrument 
 47.32  through which such communication will be or was transmitted. 
 47.33     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 47.34     Sec. 55.  Minnesota Statutes 2000, section 626A.06, 
 47.35  subdivision 12, is amended to read: 
 47.36     Subd. 12.  [MOTION TO QUASH ORDER.] An interception of a 
 48.1   communication under an order with respect to which the 
 48.2   requirements of subdivision 1, clause (b)(ii), and subdivision 
 48.3   3, clause (d), do not apply by reason of subdivision 11 must not 
 48.4   begin until the facilities from which, or the place where, the 
 48.5   communication is to be intercepted is ascertained by the person 
 48.6   implementing the interception order.  A provider of wire or 
 48.7   electronic communications service that has received an order as 
 48.8   provided for in subdivision 11, clause (2), may move the court 
 48.9   to modify or quash the order on the ground that its assistance 
 48.10  with respect to the interception cannot be performed in a timely 
 48.11  or reasonable fashion.  The court, upon notice to the attorney 
 48.12  applying for the warrant, shall decide a motion expeditiously. 
 48.13     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 48.14     Sec. 56.  Minnesota Statutes 2000, section 626A.27, is 
 48.15  amended to read: 
 48.16     626A.27 [DISCLOSURE OF CONTENTS VOLUNTARY DISCLOSURE OF 
 48.17  CUSTOMER COMMUNICATIONS OR RECORDS.] 
 48.18     Subdivision 1.  [PROHIBITIONS.] Except as provided in 
 48.19  subdivision 2: 
 48.20     (1) a person or entity providing an electronic 
 48.21  communication service to the public must not knowingly divulge 
 48.22  to a person or entity the contents of a communication while in 
 48.23  electronic storage by that service; and 
 48.24     (2) a person or entity providing remote computing service 
 48.25  to the public must not knowingly divulge to a person or entity 
 48.26  the contents of any communication that is carried or maintained 
 48.27  on that service: 
 48.28     (i) on behalf of, and received by means of electronic 
 48.29  transmission from, or created by means of computer processing of 
 48.30  communications received by means of electronic transmission, 
 48.31  from a subscriber or customer of the service; and 
 48.32     (ii) solely for the purpose of providing storage or 
 48.33  computer processing services to the subscriber or customer, if 
 48.34  the provider is not authorized to access the contents of any 
 48.35  communications for purposes of providing any services other than 
 48.36  storage or computer processing; and 
 49.1      (3) a provider of remote computing service or electronic 
 49.2   communication service to the public shall not knowingly divulge 
 49.3   a record or other information pertaining to a subscriber to or 
 49.4   customer of such service, not including the contents of 
 49.5   communications covered by clause (1) or (2), to any government 
 49.6   entity. 
 49.7      Subd. 2.  [EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS.] 
 49.8   A person or entity provider described in subdivision 1 may 
 49.9   divulge the contents of a communication: 
 49.10     (1) to an addressee or intended recipient of the 
 49.11  communication or an agent of the addressee or intended 
 49.12  recipient; 
 49.13     (2) as otherwise authorized in section 626A.02, subdivision 
 49.14  2, paragraph (a); 626A.05; or section 626A.28; 
 49.15     (3) with the lawful consent of the originator or an 
 49.16  addressee or intended recipient of the communication, or the 
 49.17  subscriber in the case of remote computing service; 
 49.18     (4) to a person employed or authorized or whose facilities 
 49.19  are used to forward a communication to its destination; 
 49.20     (5) as may be necessarily incident to the rendition of the 
 49.21  service or to the protection of the rights or property of the 
 49.22  provider of that service; or 
 49.23     (6) to a law enforcement agency,: 
 49.24     (A) if the contents: 
 49.25     (i) were inadvertently obtained by the service provider; 
 49.26  and 
 49.27     (ii) appear to pertain to the commission of a crime; or 
 49.28     (B) if the provider reasonably believes that an emergency 
 49.29  involving immediate danger of death or serious physical injury 
 49.30  to any person requires disclosure of the information without 
 49.31  delay. 
 49.32     Subd. 3.  [EXCEPTIONS FOR DISCLOSURE OF CUSTOMER 
 49.33  RECORDS.] A provider described in subdivision 1 may divulge a 
 49.34  record or other information pertaining to a subscriber to or 
 49.35  customer of such service, not including the contents of the 
 49.36  communications covered by subdivision 1, paragraph (1) or (2): 
 50.1      (1) as otherwise authorized in section 626A.28; 
 50.2      (2) with the lawful consent of the customer or subscriber; 
 50.3      (3) as may be necessarily incident to the rendition of the 
 50.4   service or the protection of the rights or property of the 
 50.5   provider of that service; or 
 50.6      (4) to a governmental entity if the provider reasonably 
 50.7   believes that an emergency involving immediate danger of death 
 50.8   or serious physical injury to any person justifies disclosure of 
 50.9   the information. 
 50.10     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 50.11     Sec. 57.  Minnesota Statutes 2000, section 626A.28, is 
 50.12  amended to read: 
 50.13     626A.28 [REQUIREMENTS FOR GOVERNMENTAL ACCESS REQUIRED 
 50.14  DISCLOSURE OF CUSTOMER COMMUNICATIONS OR RECORDS.] 
 50.15     Subdivision 1.  [CONTENTS OF WIRE OR ELECTRONIC 
 50.16  COMMUNICATIONS IN ELECTRONIC STORAGE.] A governmental entity may 
 50.17  require the disclosure by a provider of electronic communication 
 50.18  service of the contents of an a wire or electronic communication 
 50.19  that is in electronic storage in an electronic communications 
 50.20  system for 180 days or less only under a warrant.  A government 
 50.21  entity may require the disclosure by a provider of electronic 
 50.22  communications services of the contents of an a wire or 
 50.23  electronic communication that has been in electronic storage in 
 50.24  an electronic communications system for more than 180 days by 
 50.25  the means available under subdivision 2. 
 50.26     Subd. 2.  [CONTENTS OF WIRE OR ELECTRONIC COMMUNICATIONS IN 
 50.27  A REMOTE COMPUTING SERVICE.] (a) A governmental entity may 
 50.28  require a provider of remote computing service to disclose the 
 50.29  contents of wire or electronic communication to which this 
 50.30  paragraph is made applicable by paragraph (b): 
 50.31     (1) without required notice to the subscriber or customer, 
 50.32  if the governmental entity obtains a warrant; or 
 50.33     (2) with prior notice if the governmental entity: 
 50.34     (i) uses an administrative subpoena authorized by statute 
 50.35  or a grand jury subpoena; or 
 50.36     (ii) obtains a court order for such disclosure under 
 51.1   subdivision 4; 
 51.2   except that delayed notice may be given under section 626A.30. 
 51.3      (b) Paragraph (a) is applicable with respect to any 
 51.4   electronic communication that is held or maintained on that 
 51.5   service: 
 51.6      (1) on behalf of, and received by means of electronic 
 51.7   transmission from, or created by means of computer processing of 
 51.8   communications received by means of electronic transmission 
 51.9   from, a subscriber or customer of such remote computing service; 
 51.10  and 
 51.11     (2) solely for the purpose of providing storage or computer 
 51.12  processing services to the subscriber or customer, if the 
 51.13  provider is not authorized to access the contents of any 
 51.14  communications for purposes of providing any services other than 
 51.15  storage or computer processing. 
 51.16     Subd. 3.  [RECORDS CONCERNING ELECTRONIC COMMUNICATION 
 51.17  SERVICE OR REMOTE COMPUTING SERVICE.] (a)(1) Except as provided 
 51.18  in clause (2), a provider of electronic communication service or 
 51.19  remote computing service may disclose a record or other 
 51.20  information pertaining to a subscriber to or customer of the 
 51.21  service, not including the contents of communications covered by 
 51.22  subdivision 1 or 2, to any person other than a governmental 
 51.23  entity. 
 51.24     (2) A provider of electronic communication service or 
 51.25  remote computing service may disclose a record or other 
 51.26  information pertaining to a subscriber to or customer of the 
 51.27  service, not including the contents of communications covered by 
 51.28  subdivision 1 or 2, to a governmental entity only when the 
 51.29  governmental entity: 
 51.30     (i) uses an administrative subpoena authorized by statute, 
 51.31  or a grand jury subpoena; 
 51.32     (ii) obtains a warrant; 
 51.33     (iii) obtains a court order for such disclosure under 
 51.34  subdivision 4; or 
 51.35     (iv) has the consent of the subscriber or customer to the 
 51.36  disclosure. 
 52.1      (b) A governmental entity receiving records or information 
 52.2   under this subdivision is not required to provide notice to a 
 52.3   subscriber or customer. 
 52.4      Subd. 4.  [REQUIREMENTS FOR COURT ORDER.] A court order for 
 52.5   disclosure under subdivision 2 or 3 must issue only if the 
 52.6   governmental entity shows that there is reason to believe the 
 52.7   contents of a wire or electronic communication, or the records 
 52.8   or other information sought, are relevant to a legitimate law 
 52.9   enforcement inquiry.  A court issuing an order pursuant to this 
 52.10  section, on a motion made promptly by the service provider, may 
 52.11  quash or modify such order, if the information or records 
 52.12  requested are unusually voluminous in nature or compliance with 
 52.13  such order otherwise would cause an undue burden on such 
 52.14  provider. 
 52.15     Subd. 5.  [NO CAUSE OF ACTION AGAINST A PROVIDER DISCLOSING 
 52.16  CERTAIN INFORMATION.] In the absence of malice or fraud, no 
 52.17  cause of action lies in any court against any provider of wire 
 52.18  or electronic communication service, its officers, employees, 
 52.19  agents, or other specified persons for providing, in good faith, 
 52.20  information, facilities, or assistance in accordance with the 
 52.21  terms of a court order, warrant, subpoena, or certification 
 52.22  under sections 626A.26 to 626A.34. 
 52.23     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 52.24     Sec. 58.  Minnesota Statutes 2000, section 626A.28, 
 52.25  subdivision 3, is amended to read: 
 52.26     Subd. 3.  [RECORDS CONCERNING ELECTRONIC COMMUNICATION 
 52.27  SERVICE OR REMOTE COMPUTING SERVICE.] (a)(1) Except as provided 
 52.28  in clause (2), A governmental entity may require a provider of 
 52.29  electronic communication service or remote computing service may 
 52.30  to disclose a record or other information pertaining to a 
 52.31  subscriber to or customer of the service, not including the 
 52.32  contents of communications covered by subdivision 1 or 2, to any 
 52.33  person other than a governmental entity. 
 52.34     (2) A provider of electronic communication service or 
 52.35  remote computing service may disclose a record or other 
 52.36  information pertaining to a subscriber to or customer of the 
 53.1   service, not including the contents of communications covered by 
 53.2   subdivision 1 or 2, to a governmental entity, only when the 
 53.3   governmental entity: 
 53.4      (i) uses an administrative subpoena authorized by statute, 
 53.5   or a grand jury subpoena; 
 53.6      (ii) obtains a warrant; 
 53.7      (iii) obtains a court order for such disclosure under 
 53.8   subdivision 4; or 
 53.9      (iv) has the consent of the subscriber or customer to the 
 53.10  disclosure; or 
 53.11     (v) seeks information under paragraph (b). 
 53.12     (b) A provider of electronic communication service or 
 53.13  remote computer service shall disclose to a government entity 
 53.14  the: 
 53.15     (i) name; 
 53.16     (ii) address; 
 53.17     (iii) local and long distance telephone connection records, 
 53.18  or records of session times and durations; 
 53.19     (iv) length of service, including start date, and types of 
 53.20  services used; 
 53.21     (v) telephone or instrument number or other subscriber 
 53.22  number or identity, including any temporarily assigned network 
 53.23  address; and 
 53.24     (vi) means and source of payment for such service, 
 53.25  including credit card or bank account number, when the 
 53.26  government entity uses an administrative subpoena authorized by 
 53.27  a federal or state statute or a federal or state grand jury or 
 53.28  trial subpoena or any means available under paragraph (a). 
 53.29     (c) A governmental entity receiving records or information 
 53.30  under this subdivision is not required to provide notice to a 
 53.31  subscriber or customer. 
 53.32     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
 53.33     Sec. 59.  [MONITORING FOREIGN STUDENTS; REPORT.] 
 53.34     The commissioner of public safety in consultation with the 
 53.35  director of driver and vehicle services must submit a report to 
 53.36  the legislature specifying the best method to facilitate data 
 54.1   exchange with the United States Department of Immigration and 
 54.2   Naturalization Services regarding the official legal status of 
 54.3   individuals seeking Minnesota drivers' licenses or 
 54.4   identification cards who present a student visa as an 
 54.5   identification document during the license or identification 
 54.6   card application process.  This report is due to the chairs and 
 54.7   ranking minority members of the house and senate committees 
 54.8   having jurisdiction over criminal justice funding and policy by 
 54.9   January 15, 2003. 
 54.10     [EFFECTIVE DATE.] This section is effective the day 
 54.11  following final enactment. 
 54.12     Sec. 60.  [SUNSET.] 
 54.13     Section 12 expires on June 30, 2005.  Sections 50 through 
 54.14  52 and 54 through 57 expire on June 30, 2006. 
 54.15                             ARTICLE 2 
 54.16                           APPROPRIATIONS 
 54.17  Section 1.  PUBLIC SAFETY
 54.18  Subdivision 1.  General
 54.19  $21,902,000 is appropriated from the 
 54.20  general fund to the commissioner of 
 54.21  public safety for the fiscal year 
 54.22  ending June 30, 2003. 
 54.23  Appropriations made in this section for 
 54.24  a specific purpose, but not needed for 
 54.25  that purpose, may be used for another 
 54.26  anti-terrorism purpose identified in 
 54.27  this section.  Appropriations in this 
 54.28  section are available until June 30, 
 54.29  2004. 
 54.30  As used in this article, "local 
 54.31  response units" include local law 
 54.32  enforcement, fire, and ambulance. 
 54.33  Subd. 2.  Equipment
 54.34  $9,021,000 is for the purchase of 
 54.35  terrorism response-related equipment.  
 54.36  This amount is for grants to local 
 54.37  response units for the purchase of 
 54.38  personal protection equipment, chemical 
 54.39  detection and measurement equipment, 
 54.40  and decontamination equipment for first 
 54.41  response units.  Grant monies are to be 
 54.42  distributed by the division of 
 54.43  emergency management in accordance with 
 54.44  the needs and capability assessment for 
 54.45  the state of Minnesota prepared in 
 54.46  response to the United States 
 54.47  Department of Justice requirements.  Of 
 54.48  this appropriation, $340,000 is for the 
 54.49  purchase of personal protection and 
 55.1   decontamination equipment to be 
 55.2   maintained in two or more regional 
 55.3   caches, to facilitate the emergency 
 55.4   re-supply of local response units.  
 55.5   This is a onetime appropriation. 
 55.6   Subd. 3.  Training
 55.7   $11,500,000 is for terrorism 
 55.8   response-related training.  Of this 
 55.9   amount, $177,000 is for additional 
 55.10  personnel in the department of public 
 55.11  safety's division of emergency 
 55.12  management to conduct terrorism 
 55.13  preparedness and response-related 
 55.14  training and exercises.  Of this 
 55.15  amount, $55,000 is for the state's 
 55.16  hazardous materials teams and chemical 
 55.17  assessment teams for the training of 
 55.18  their personnel.  The remainder of the 
 55.19  appropriation is for grants to local 
 55.20  response units for approved 
 55.21  certification and terrorism training.  
 55.22  The division shall distribute the 
 55.23  grants in accordance with criteria 
 55.24  recommended by the terrorism 
 55.25  preparedness advisory council or its 
 55.26  successor.  No portion of this money 
 55.27  may be used to supplant current funding 
 55.28  for training. 
 55.29  At least 20 percent of the funds 
 55.30  allocated for training for local 
 55.31  response units must be used to fund 
 55.32  regional public safety training centers 
 55.33  throughout Minnesota, the location of 
 55.34  which shall be determined by the 
 55.35  commissioner of public safety.  The 
 55.36  funding should meet the recommendations 
 55.37  from the Statewide Master Plan for Fire 
 55.38  and Law Enforcement Training Facilities.
 55.39  Subd. 4.  Bomb Disposal Squads 
 55.40  $500,000 in fiscal year 2003 is to 
 55.41  reimburse bomb disposal units under 
 55.42  Minnesota Statutes, section 299C.063.  
 55.43  Of this amount, $300,000 is for the 
 55.44  purchase of equipment, $120,000 is for 
 55.45  response costs, and $80,000 is for 
 55.46  training costs.  $240,000 in fiscal 
 55.47  year 2004 and in fiscal year 2005 is to 
 55.48  reimburse bomb disposal units for their 
 55.49  response equipment and training costs.  
 55.50  Of this amount, $40,000 is for 
 55.51  equipment costs, $120,000 is for 
 55.52  response costs, and $80,000 is for 
 55.53  training costs.  The department of 
 55.54  public safety's division of emergency 
 55.55  management shall distribute the funds 
 55.56  in accordance with criteria recommended 
 55.57  by the terrorism preparedness advisory 
 55.58  council or its successor. 
 55.59  Subd. 5.  Hazardous Materials 
 55.60  Emergency Response Teams
 55.61  $240,000 is for the conversion of the 
 55.62  Rochester, Moorhead, and Duluth 
 55.63  chemical assessment teams to 
 55.64  combination emergency response/chemical 
 56.1   assessment teams.  
 56.2   Subd. 6.  Chemical Assessment Teams 
 56.3   $105,000 is to provide that up to five 
 56.4   members per chemical assessment team 
 56.5   are available for response. 
 56.6   Subd. 7.  On-Scene Response
 56.7   Communication Package
 56.8   $36,000 is for the purchase of 
 56.9   specialized radio units that permit 
 56.10  secure communications among the various 
 56.11  agencies that respond to emergencies. 
 56.12  Subd. 8.  Domestic Preparedness 
 56.13  Response Information Technology
 56.14  $144,000 is for the development, 
 56.15  implementation, staffing, and 
 56.16  maintenance of a statewide 
 56.17  Internet-based database of all 
 56.18  terrorism response-related resources, 
 56.19  including a registry of volunteers.  
 56.20  The database must employ secure 
 56.21  information technology. 
 56.22  Subd. 9.  Capitol Security
 56.23  $196,000 is to fund increased security 
 56.24  for the capitol complex.  The 
 56.25  commissioner must use the funds to hire 
 56.26  and pay two additional state troopers 
 56.27  to patrol the capitol complex 
 56.28  year-round and fund overtime for two 
 56.29  state troopers to patrol the capitol 
 56.30  complex while the legislature is in 
 56.31  session.  The commissioner may not use 
 56.32  the funds for the governor's security 
 56.33  detail. 
 56.34  Subd. 10.  Additional Collection of
 56.35  Biological Specimens for DNA Testing
 56.36  $150,000 is for the increased costs 
 56.37  associated with the additional 
 56.38  collection of biological specimens for 
 56.39  DNA testing.  
 56.40  Subd. 11.  Study
 56.41  $10,000 is appropriated to study the 
 56.42  feasibility and cost of requiring 
 56.43  tagging of explosives and to study the 
 56.44  issue of structural building collapse.  
 56.45  The commissioner must present a report 
 56.46  detailing the findings of the tagging 
 56.47  of explosives study by December 15, 
 56.48  2002, and a report on the issue of 
 56.49  structural building collapse by January 
 56.50  15, 2003.  Both reports shall be 
 56.51  presented to the chairs and ranking 
 56.52  minority members of the house and 
 56.53  senate committees having jurisdiction 
 56.54  over criminal justice funding and 
 56.55  policy.  This is a onetime 
 56.56  appropriation. 
 56.57  Subd. 12.  Federal Funds
 57.1   If federal funds become available to 
 57.2   the state of Minnesota for terrorism 
 57.3   preparedness and response and the funds 
 57.4   are not directed for a specific 
 57.5   purpose, the terrorism preparedness 
 57.6   advisory council, or its successor, 
 57.7   shall determine how the funds will be 
 57.8   distributed.  The council shall 
 57.9   allocate at least 70 percent of 
 57.10  available federal funds to local 
 57.11  terrorism response and preparedness 
 57.12  initiatives.  Up to 30 percent shall be 
 57.13  allocated to the state's terrorism 
 57.14  response and preparedness needs. 
 57.15  Subd. 13.  Reporting 
 57.16  By February 1, 2003, and February 1, 
 57.17  2004, the commissioner shall report to 
 57.18  the chairs and ranking minority members 
 57.19  of the house and senate committees 
 57.20  having jurisdiction over criminal 
 57.21  justice funding and policy on how the 
 57.22  funds appropriated in this section were 
 57.23  expended. 
 57.24  Sec. 2.  DEPARTMENT OF HEALTH
 57.25  $98,000 is appropriated to the 
 57.26  commissioner of health from the general 
 57.27  fund to establish and operate the 
 57.28  biological agents registry as provided 
 57.29  in article 1, sections 11 and 18.  
 57.30     Sec. 3.  [EFFECTIVE DATE.] 
 57.31     Sections 1 and 2 are effective July 1, 2002.