piers109uk/MN-Statutes huggingface dataset:
299A.02 LIQUOR CONTROL FUNCTIONS.
No employee of the Department of Public Safety or the Department of Revenue having any responsibility for the administration or enforcement of chapter 297G or 340A shall have a direct or indirect interest, except through ownership or investment in pension or mutual funds, in the manufacture, transportation or sale of intoxicating liquor or any malt or vinous beverages, intoxicating, nonintoxicating, or commercial or industrial alcohol. The commissioner of public safety or the commissioner of revenue may remove an employee in the unclassified civil service for any intentional violation of any provision of chapter 297G or 340A. Intentional violation of a provision of chapter 297G or 340A by a classified employee of one of the departments may be grounds for removal of that employee pursuant to section 43A.33.
The commissioner shall administer and enforce the provisions of chapters 297G and 340A through the director of alcohol and gambling enforcement, except for those provisions thereof for which administration and enforcement are reserved to the commissioner of revenue.
The commissioner shall have power to require periodic factual reports from all licensed importers, manufacturers, wholesalers and retailers of intoxicating liquors and to make all reasonable rules to effect the object of chapters 297G and 340A. The rules shall include provisions for assuring the purity of intoxicating liquors and the true statement of its contents and proper labeling thereof with regard to all forms of sale. No rule may require the use of new containers in aging whiskey. No rule may require cordials or liqueurs to contain in excess of 2-1/2 percent by weight of sugar or dextrose or both.
In all matters relating to official duties, the commissioner shall have the powers possessed by courts of law to issue subpoenas and cause them to be served and enforced. All public officials, and their respective deputies and employees, and all individuals, partnerships, firms, corporations, incorporated and unincorporated associations, and others who manufacture, transport, or sell intoxicating liquor, or are connected therewith in any manner, shall at all times attend and answer under oath the commissioner's lawful inquiries, produce and exhibit such books, accounts, documents, and property as the commissioner may desire to inspect, and in all things aid the commissioner in the performance of the commissioner's duties.
299A.11 VEHICLE TRANSPORTING WHEELCHAIR USER; DEFINITIONS.
The following terms have the definitions given them for the purposes of sections 299A.11 to 299A.17.
"Operator" means any person, firm, partnership, corporation, service club, public or private agency, city, town or county. Section 299A.15 does not apply to any school bus as defined in section 169.011, subdivision 71.
"Transit vehicle" means a bus that is not a school bus as defined in section 169.011, subdivision 71, with a gross vehicle weight rating greater than 15,000 pounds.
"Transportation service" means the transportation by motor vehicle, other than a school bus manufactured before January 1, 1988, of any sick, injured, invalid, incapacitated, or disabled individual while occupying a wheelchair, which transportation is offered or provided by any operator to the public or to its employees or in connection with any other service offered by the operator including schooling or nursing home, convalescent or child care services.
"Wheelchair securement device" or "securement device" means an apparatus installed in a transit vehicle or other motor vehicle for the purpose of securing an occupied wheelchair into a location in the vehicle and preventing movement of that wheelchair while the vehicle is in motion.
299A.12 WHEELCHAIR SECUREMENT DEVICE.
Any vehicle used by an operator to provide transportation service must be equipped with wheelchair securement devices that meet the specifications of subdivisions 1 and 2. Only securement devices that meet the requirements of the Americans with Disabilities Act may be used. A wheelchair securement device must be installed and used according to the manufacturer's instructions and Code of Federal Regulations, title 49, section 38.23. Wheelchair securement devices installed in any vehicle must be maintained in working order and according to the manufacturer's recommendations.
The design requirements for securement devices must meet the specifications in Code of Federal Regulations, title 49, section 38.23.
A vehicle used to provide transportation service must carry only as many persons seated in wheelchairs as the number of securement devices approved by the commissioner of public safety as meeting the specifications of subdivisions 1 and 2 with which the vehicle is equipped, and each occupied wheelchair must be secured by such a securement device before the vehicle is set in motion.
[Repealed, 1Sp2019 c 3 art 3 s 140]
299A.14 VEHICLE INSPECTION.
No person shall drive and no operator shall knowingly permit or cause a vehicle to be used for transportation service unless there is displayed thereon a certificate issued upon inspection by the commissioner of public safety as provided in this section.
Inspection shall be made by personnel in the department of public safety assigned to the State Patrol. An operator of transportation services shall submit a vehicle for inspection after the installation of a wheelchair securement device in the vehicle and before using the vehicle for transportation service, but not later than one month after the date of installation. Evidence of the date of installation shall be provided by the operator at the inspection.
The inspection shall be made to determine that (1) the vehicle complies with the provisions of sections 299A.12 and 299A.13, and (2) the securement device and level-change mechanism or boarding device, such as a lift or ramp, are in working order and not in need of obvious repair. The inspection may include testing the use of a securement device while the vehicle is in motion.
A certificate furnished by the commissioner shall be issued upon completion of inspection if the vehicle complies with the requirements set forth in subdivision 3. The certificate shall be affixed to the lower left corner of the windshield. It shall note compliance with this section, record the number of wheelchairs which may be simultaneously carried in the vehicle, and note the month and year in which the next inspection is required.
Subsequent inspections shall be made annually. If additional securement devices are installed in a vehicle already equipped with a securement device, inspection is required as specified in subdivision 2.
299A.13 ADDITIONAL SAFETY REQUIREMENTS.
Any vehicle used to provide transportation service must be equipped with seat belts that are approved by the commissioner of public safety. The seat belts required by this subdivision must be adequate to secure the occupant of a wheelchair who is being transported by the vehicle. The seat belts must be used only to secure the person and must not be used to secure the wheelchair unless the wheelchair securement force is not cumulative to the seat belt. The seat belts must meet all other applicable state and federal requirements for safety.
When transportation service is provided to an individual in an electrically powered wheelchair, the main power switch of the wheelchair must be placed in the "off" position at all times while the vehicle is in motion.
(a) Vehicles equipped with wheelchair securement devices must provide a level-change mechanism or boarding device such as a lift or ramp that complies with Code of Federal Regulations, title 49, section 38.23.
(b) Wheelchair lifts must comply with the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards for public use lifts as outlined in Code of Federal Regulations, title 49, sections 571.403 and 571.404.
(a) The driver of a vehicle equipped with a wheelchair securement device has the duties outlined in this subdivision.
(b) The driver or a person designated by the driver must ensure that an occupied wheelchair is properly secured before the driver sets the vehicle in motion.
(c) The driver or a person designated by the driver must ensure that the seat belt assembly is properly adjusted and fastened around the wheelchair user in a manner consistent with the manufacturer's recommendations before the driver sets the vehicle in motion when:
(1) requested by the wheelchair user;
(2) the wheelchair user is unable to communicate;
(3) seat belt usage is required of all passengers in the vehicle; or
(4) the vehicle is a school bus.
The seat belt assembly must not be fastened if the wheelchair user or other responsible person advises the driver that to do so would aggravate a physical condition of the wheelchair user. If a restraint device is available that would not aggravate the physical condition of the user, it must be fastened in the required manner.
(d) The driver or a person designated by the driver shall ensure that securement devices and seat belt assemblies are retracted, removed, or otherwise stored when not in use to prevent tripping of persons and damage to devices.
299A.15 AID AND LICENSE WITHHELD.
No agency of the state, political subdivision or other public agency shall grant or approve any financial assistance to any operator for the purchase or operation of any vehicle used for transportation service or grant any permit or license otherwise required by law for operation of that service unless the operator of the transportation service complies with the provisions of sections 299A.11 to 299A.14.
299A.16 EVIDENCE.
Proof of the installation or failure to install wheelchair securement devices, or proof of faulty installation of wheelchair securement devices, or proof of the maintenance or failure to properly maintain wheelchair securement devices, or proof of the use or failure to use wheelchair securement devices is admissible in evidence in any litigation involving personal injuries or property damage arising out of the use or operation of a vehicle providing transportation service. For the purposes of this section "wheelchair securement device" means such a device approved by the commissioner of public safety.
299A.17 MISDEMEANOR.
For each failure to comply with any requirement of section 299A.12, 299A.13 or 299A.14 an operator is guilty of a misdemeanor.
299A.42 PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.
The public safety officer's benefit account is created in the state treasury. Money in the account consists of money transferred and appropriated to that account. Money in the account that is not expended in the fiscal year in which it is transferred or appropriated does not revert to the general fund until claims for reimbursement under section 299A.465 that are submitted in that fiscal year are either paid or denied.
The commissioner of public safety must annually report, no later than 30 days after the end of each fiscal year, to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety and pensions regarding the financial status of the public safety officer's benefit account; the reimbursements paid by the commissioner during the preceding fiscal year under sections 299A.465, 352B.102, and 353.032; and payments, if any, made during the preceding fiscal year under sections 352B.103 and 353.033. If the commissioner anticipates, based on historical averages, that the public safety officer's benefit account will not have enough money to fund all reimbursements the commissioner reasonably anticipates will be requested under sections 299A.465, 352B.102, and 353.032 and payments for which invoices will be received under sections 352B.103 and 353.033 for the current and next fiscal year, the commissioner must include in the report the amounts the commissioner believes are necessary to fund the anticipated reimbursements and payments.
299A.43 ELIGIBILITY DETERMINATION; CONTESTED CASE.
A challenge to a determination of eligibility by the commissioner of public safety must be heard as a contested case, except that the decision of the administrative law judge is binding on the parties to the proceeding. The order of the administrative law judge is the final decision of the commissioner. The hearing must be conducted according to sections 14.56 to 14.62 and is subject to appeal according to sections 14.63 to 14.68.
299A.475 POSTTRAUMATIC STRESS SYNDROME BENEFIT.
(a) A law enforcement agency shall provide benefits to any peace officer, as defined in section 626.84, subdivision 1, paragraph (c), employed by the agency who:
(1) suffers a debilitating psychological reaction to a traumatic event;
(2) is diagnosed by a psychiatrist or a licensed psychologist as suffering from posttraumatic stress syndrome; and
(3) is determined by a psychiatrist or a licensed psychologist to be unable to perform other peace officer job duties offered by the employer through reassignment.
A peace officer who meets all of the conditions of this paragraph is entitled to the benefits described in paragraph (b). A peace officer who meets the conditions in clauses (1) and (2) is entitled to the benefits in paragraph (b), clause (2). The availability of benefits does not depend on whether there is also an accompanying physical injury or physical cause of the condition.
(b) The benefits provided by the law enforcement agency shall include:
(1) payment by the employer for unreimbursed loss of wages during the time period the officer is disabled, but not to exceed one year; and
(2) payment by the employer for unreimbursed expenses for medical treatment, including psychiatric or psychological counseling, to cure and relieve the effects of the posttraumatic stress syndrome during the time period the officer is disabled, but not to exceed one year.
(c) The employer may request a peace officer to undergo an examination by a psychiatrist or licensed psychologist selected by the employer.
(d) As used in this section, "traumatic event" means an event involving the employee lawfully taking the life of or causing great bodily harm, as defined in section 609.02, subdivision 8, to another by force or violence. "Debilitating psychological reaction" means that, following the traumatic event, the peace officer is unable to perform the essential functions of the peace officer's job without reassignment.
299A.44 DEATH BENEFIT.
(a) On certification to the governor by the commissioner of public safety that a public safety officer employed within this state has been killed in the line of duty, the commissioner of management and budget shall pay $100,000 from the public safety officer's benefit account, as follows:
(1) if there is no dependent child, to the spouse;
(2) if there is no spouse, to the dependent child or children in equal shares;
(3) if there are both a spouse and one or more dependent children, one-half to the spouse and one-half to the child or children, in equal shares;
(4) if there is no surviving spouse or dependent child or children, to the parent or parents dependent for support on the decedent, in equal shares; or
(5) if there is no surviving spouse, dependent child, or dependent parent, to the public safety officer's estate.
(b) If there are both a spouse and one or more dependent children under age 18, the spouse, at the spouse's discretion, may spend a maximum of one-third of a child's share on medical or dental treatment for the child or the child's education. Expenditures under this paragraph on behalf of a child do not diminish the shares of any other children. In addition, a spouse, at the spouse's discretion, may expend money from a child's share to pay state and federal taxes on any interest accrued on the share.
On October 1 of each year beginning after July 1, 1995, the commissioner of public safety shall adjust the level of the benefit payable immediately before October 1 under subdivision 1, to reflect the annual percentage change in the Consumer Price Index for all urban consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year period ending on June 1 immediately preceding such October 1.
299A.294 RESPONSIBILITIES OF COUNCIL.
The general purpose of the council is to serve as an advisory body to the governor and the legislature on all aspects of alcohol and drug abuse.
In furtherance of the general purpose specified in subdivision 1, the council shall:
(1) assist state agencies in the coordination of drug policies and programs and in the provision of services to other units of government, communities, and citizens;
(2) promote among state agencies policies to achieve uniformity in state and federal grant programs and to streamline those programs;
(3) oversee comprehensive data collection and research and evaluation of alcohol and drug program activities;
(4) seek the advice and counsel of appropriate interest groups and advise the commissioner of public safety;
(5) seek additional private funding for community-based programs and research and evaluation;
(6) evaluate whether law enforcement narcotics task forces should be reduced in number and increased in geographic size, and whether new sources of funding are available for the task forces;
(7) continue to promote clarity of roles among federal, state, and local law enforcement activities; and
(8) establish criteria to evaluate law enforcement drug programs.
The council shall, in coordination with the commissioner, review and approve state agency plans regarding the use of federal funds for programs to reduce chemical abuse or reduce the supply of controlled substances. The appropriate state agencies would have responsibility for management of state and federal drug grant programs.
299A.33 DRUG ABUSE RESISTANCE EDUCATION (DARE) PROGRAM.
The drug abuse resistance education program assists law enforcement agencies or school districts by providing grants to enable peace officers to undergo the training described in subdivision 3. Grants may be used to cover the cost of the training as well as reimbursement for actual, reasonable travel and living expenses incurred in connection with the training. The commissioner shall administer the program, shall promote it throughout the state, and is authorized to receive money from public and private sources for use in carrying it out. For purposes of this section, "law enforcement agency" means a police department or sheriff's office.
A law enforcement agency or a school district may apply to the commissioner for a grant under subdivision 1.
The Bureau of Criminal Apprehension shall develop a program to train peace officers to teach a curriculum on drug abuse resistance in schools. The training program must be approved by the commissioner.
The training described in subdivision 3 is available on a voluntary basis to local law enforcement agencies and school districts.
If the commissioner receives grant requests from more than one applicant for programs to be conducted in a single school district, the commissioner shall require the applicants to submit a plan for coordination of their training and programs.
The commissioner may require grant recipients to account to the director at reasonable time intervals regarding the use of the grants and the training and programs provided.
299A.45 EDUCATION BENEFIT.
A person is eligible to receive educational benefits under this section if the person:
(1) is certified under section 299A.44 and in compliance with this section and rules of the commissioner of public safety and the Minnesota Office of Higher Education;
(2) is enrolled in an undergraduate degree or certificate program after June 30, 1990, or a graduate degree or certificate program after June 30, 2011, at an eligible Minnesota institution as provided in section 136A.101, subdivision 4;
(3) has not received benefits for the maximum duration specified in subdivision 4; and
(4) is related in one of the following ways to a public safety officer killed in the line of duty on or after January 1, 1973:
(i) as a dependent child less than 23 years of age;
(ii) as a surviving spouse; or
(iii) as a dependent child less than 30 years of age who has served on active military duty 181 consecutive days or more and has been honorably discharged or released to the dependent child's reserve or National Guard unit.
(a) The amount of the award is the lesser of:
(1) the average tuition and fees charged by the institution; or
(2) the tuition maximums established by law for the state grant program under section 136A.121. The tuition maximum for graduate study is the maximum established by law for the state grant program for four-year programs.
(b) An award under this subdivision must not affect a recipient's eligibility for a state grant under section 136A.121.
(c) For the purposes of this subdivision, "fees" include only those fees that are mandatory and charged to all students attending the institution.
(d) For the purpose of benefits awarded under this section, "full time" for a graduate program is eight or more credits per term or the equivalent.
On proof of eligibility for this program, an eligible institution, on behalf of the student, shall request payment of the award from the Minnesota Office of Higher Education. An institution must not request payment unless the student is enrolled in or has completed the term for which the payment is intended.
Each award must be given for one academic year and is renewable for a maximum of eight semesters or the equivalent. A student who withdraws from enrollment for active military service or for a major illness, while under the care of a medical professional, that substantially limits the student's ability to complete the term is entitled to an additional semester or the equivalent of grant eligibility. An award must not be given to a dependent child who is 23 years of age or older on the first day of the academic year.
299A.46 RULES.
The commissioner of public safety may adopt rules under chapter 14 to implement, coordinate, and administer sections 299A.41 to 299A.44. The Minnesota Office of Higher Education may adopt rules to implement, coordinate, and administer section 299A.45.
299A.47 CLAIMS LIMITATION.
Claims for benefits from the public safety officer's death benefit account made by or on behalf of a survivor of a public safety officer must be filed within two years after the date of death of the officer.
299A.48 CITATION.
Sections 299A.48 to 299A.52 and 299K.095 may be cited as the "Minnesota Emergency Incident Response Act."
299A.49 DEFINITIONS.
For the purposes of sections 299A.48 to 299A.52 and 299K.095, the following terms have the meanings given.
"Bomb squad" means a team trained, equipped, and authorized by the commissioner to evaluate and provide disposal operations for bombs or other similar hazardous explosives. Bomb squad includes a bomb disposal unit as defined in section 299C.063.
MS 2022 [Repealed by amendment, 2023 c 52 art 5 s 17]
"Commissioner" means the commissioner of public safety.
"Emergency response incident" means any incident to which the response of a state emergency response asset is required.
"Hazardous materials" means substances or materials that, because of their chemical, physical, or biological nature, pose a potential risk to life, health, or property if they are released. "Hazardous materials" includes any substance or material in a particular form or quantity that may pose an unreasonable risk to health, safety, and property, or any substance or material in a quantity or form that may be harmful to humans, animals, crops, water systems, or other elements of the environment if accidentally or intentionally released. Hazardous substances so designated may include explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, chemical and biological substances, and toxic or flammable gases.
"Hazardous materials emergency response team" means a team (1) trained, equipped, and authorized to evaluate and, when possible, provide practical mitigation to a hazardous materials incident and (2) required to recommend to the local incident manager the best means of controlling the hazard after consideration of life safety concerns, environmental effects, exposure hazards, quantity and type of hazardous material, availability of resources, and other relevant factors.
"Local unit of government" means a county, home rule charter or statutory city, or town.
"Minnesota air rescue team" means a team trained, equipped, and authorized by the commissioner to perform specialized air rescue operations.
"Person" means any individual, partnership, association, public or private corporation or other entity including the United States government, any interstate body, the state, and any agency, department, or political subdivision of the state.
MS 2022 [Repealed by amendment, 2023 c 52 art 5 s 17]
"State emergency response asset" means any team or teams defined under this section that has entered into a contractual agreement with the State Fire Marshal Division.
"Urban search and rescue " or "US&R" means a multihazard discipline that involves the location, extrication, and initial medical stabilization of victims trapped or missing because of a man-made or natural disaster.
299A.51 LIABILITY AND WORKERS' COMPENSATION.
During operations authorized under section 299A.50, members of a state emergency response asset operating outside their geographic jurisdiction are "employees of the state" as defined in section 3.736.
During operations authorized under section 299A.50, members of a state emergency response asset operating outside their geographic jurisdiction are considered employees of the Department of Public Safety for purposes of chapter 176.
A person who provides personnel and equipment to assist at the scene of an emergency response incident outside the person's geographic jurisdiction or property, at the request of the state or a local unit of government, is not liable for any civil damages resulting from acts or omissions in providing the assistance, unless the person acts in a willful and wanton or reckless manner in providing the assistance.
299A.52 RESPONSIBLE PARTY.
A responsible party, as described in section 115B.03, is liable for the reasonable and necessary costs, including legal and administrative costs, of response to an emergency response incident or explosives disposal under section 299C.063 incurred by a state emergency response asset or local unit of government. For the purposes of this section, "hazardous substance" as used in section 115B.03 means "hazardous material" as defined in section 299A.49.
The commissioner shall assess the responsible party for an emergency response asset's costs of response. The commissioner may bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional court costs. Any funds received by the commissioner under this subdivision are appropriated to the commissioner to pay for costs for which the funds were received. Any remaining funds at the end of the biennium shall be transferred to the Fire Safety Account.
For purposes of sections 299A.48 to 299A.52 and 299K.095, a responsible party may not avoid liability by conveying any right, title, or interest in real property or by any indemnification, hold harmless agreement, or similar agreement.
299A.50 RESPONSE PLAN.
After consultation with the commissioners of natural resources, agriculture, transportation, and the Pollution Control Agency, the state fire marshal, the Emergency Response Commission, appropriate technical emergency response representatives, and representatives of affected parties, the commissioner shall adopt rules to implement a statewide hazardous materials incident response plan. The plan must include:
(1) the locations of hazardous materials emergency response teams, based on the location of hazardous materials, response time, proximity to large population centers, and other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of hazardous materials emergency response teams;
(4) equipment needed for hazardous materials emergency response teams;
(5) procedures for selecting and contracting with local governments or nonpublic persons to establish hazardous materials emergency response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding to an incident; and
(8) coordination with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, and other nonpublic persons.
The commissioner may cooperate with and enter into contracts with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, or nonpublic persons to implement the emergency incident response plan.
When a hazardous materials emergency response team has completed its response to an incident, the commissioner shall notify the commissioner of the Pollution Control Agency, which is responsible for assessing environmental damage caused by the incident and providing oversight of monitoring and remediation of that damage from the time the response team has completed its activities.
299A.61 CRIMINAL ALERT NETWORK.
The commissioner of public safety, in cooperation with the Department of Information Technology Services, shall develop and maintain an integrated criminal alert network to facilitate the communication of crime prevention information by electronic means among state agencies, law enforcement officials, and the private sector. The network shall disseminate data regarding the commission of crimes, including information on missing and endangered children or vulnerable adults, and attempt to reduce theft and other crime by the use of electronic transmission of information. In addition, the commissioner shall evaluate the feasibility of using the network to disseminate data regarding the use of fraudulent checks and the coordination of security and antiterrorism efforts with the Federal Bureau of Investigation. If the commissioner determines that one or both of these uses are feasible, the commissioner shall ensure that the network disseminates data in the area or areas determined to be feasible.
Data that identify individuals or businesses as members of the criminal alert network, including names, addresses, telephone and fax numbers, are private data on individuals or nonpublic data, as defined in section 13.02, subdivision 9 or 12.
A financial institution, including its employees or company agents, that provides or reasonably attempts to provide information regarding stolen, forged, or fraudulent checks for use by the crime alert network, check verification services, consumer reporting agencies, a banking industry antifraud database consistent with federal privacy law, or by law enforcement agencies that are investigating a crime is not liable to any person for disclosing the information, provided that the financial institution is acting in good faith.
The commissioner of public safety may charge a fee to members of the network for the services that the network provides. Money collected from these fees is appropriated to the commissioner of public safety and must be used for network expenses.
299A.59 NOTICE OF MULTIPLE LAW ENFORCEMENT OPERATIONS CONFLICTS.
(a) Notwithstanding section 299C.405, the Department of Public Safety may employ a secure subscription service designed to promote and enhance officer safety during tactical operations by and between federal, state, and local law enforcement agencies by notifying law enforcement agencies of conflicts where multiple law enforcement operations may be occurring on the same subject or vehicle or on or near the same location. The notification may include warrant executions, surveillance activities, SWAT activities, and undercover operations.
(b) Data created, collected, received, maintained, or disseminated by this system is classified as criminal investigative data as defined in section 13.82, subdivision 7.
299A.62 COMMUNITY-ORIENTED POLICING (COPS) GRANT PROGRAM.
(a) A community-oriented policing grant program is established under the administration of the commissioner of public safety.
(b) Grants may be awarded as provided in subdivision 2 for the following purposes:
(1) to enable local law enforcement agencies to hire law enforcement officers. The grants must be used by law enforcement agencies to increase the complement of officers in the agency by paying the salaries of new officers who replace an existing officer who has been reassigned primarily to investigate and prevent juvenile crime or to perform community-oriented policing duties;
(2) to enable local law enforcement agencies to assign overtime officers to high crime areas within their jurisdictions; and
(3) to enable local law enforcement agencies to implement or expand community-oriented policing projects, liaison efforts with local school districts, and other innovative community policing initiatives.
Grants under this section shall be awarded by the commissioner of public safety. A grant under subdivision 1, paragraph (b), clause (1), may be awarded only to a law enforcement agency that demonstrates in its application that it currently has a need for an additional officer to be assigned to: (1) community-oriented policing duties; or (2) the investigation and prevention of juvenile crime, based on the juvenile crime rate in the area over which the agency has jurisdiction. More than one grant under subdivision 1, paragraph (b), clause (1), may be awarded to an agency; however, each grant may fund only one position. At least 50 percent of the grants awarded under subdivision 1, paragraph (b), clause (1), must be awarded to the cities of Minneapolis and St. Paul.
A grant awarded under subdivision 1, paragraph (b), clause (1), must reimburse up to 150 percent of the entry level salary and benefits of a law enforcement officer, not to exceed $75,000. However, the money may not be used to pay for equipment or uniforms for the officer. The grant is intended to be used for the salary of the officer over a three-year period.
(a) Grant recipients who receive grants under subdivision 1, paragraph (b), clause (1), shall continue to employ a law enforcement officer hired with money granted under this section for at least a three-year period. If for any reason during the three-year period the employment relationship ends, the agency shall hire an additional officer so that the total number of officers employed by the agency does not change.
(b) A law enforcement agency that fails to comply with this subdivision shall reimburse the commissioner as follows:
(1) if the failure occurs during the first year, the agency shall reimburse the full amount of the grant;
(2) if the failure occurs during the second year, the agency shall reimburse two-thirds of the grant; or
(3) if the failure occurs during the third year but prior to the three-year anniversary of the officer's hiring, the agency shall reimburse one-third of the grant.
The commissioner shall deposit the reimbursement in the state treasury and credit it to the general fund.
299A.70 PUBLIC SAFETY MOTOR VEHICLE ACCOUNT.
The public safety motor vehicle account is created in the special revenue fund, consisting of the fees collected under section 168A.29, subdivision 1, paragraph (b). Money in the account is annually appropriated to the commissioner for purchasing and equipping department vehicles.
299A.706 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
An alcohol enforcement account is created in the special revenue fund, consisting of money credited to the account by law. Money in the account may be appropriated by law for (1) costs of the Alcohol and Gambling Division related to administration and enforcement of sections 340A.403, subdivision 4; 340A.414, subdivision 1a; and 340A.504, subdivision 7; and (2) costs of the State Patrol.
299A.707 COMMUNITY JUSTICE REINVESTMENT ACCOUNT.
The community justice reinvestment account is established in the special revenue fund.
Money in this account shall be allocated by a grant program administered by the commissioner of public safety through the Office of Justice Programs. Local units of government and nonprofit organizations are eligible for grants to establish or operate substance use disorder and mental health treatment programs, programs that improve supervision, including pretrial and precharge supervision, and programs to reduce recidivism of controlled substances offenders on probation or supervised release or participating in treatment courts or to fund local participation in treatment court initiatives approved by the Judicial Council.
By January 15, in each even-numbered year, the commissioner shall report to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice funding on grants made in the preceding two years from the account.
It is the legislature's intent that savings to the state realized as a result of the passage of Laws 2016, chapter 160, be used to fund the transfers from the general fund to this account.
The amounts transferred to the account are appropriated to the commissioner to make grants under subdivision 2.
In fiscal year 2018 and each year thereafter, the commissioner of management and budget shall transfer $461,000 from the general fund to the community justice reinvestment account.
299A.71 COMBATING JUVENILE PROSTITUTION; PREVENTION GRANTS.
A grant program is established for enhanced law enforcement efforts and peace officer education and training to combat juvenile prostitution. The goal of the grants is to provide peace officers with the knowledge and skills to recognize individuals who sexually exploit youth, charge and prosecute these individuals for promotion and solicitation of prostitution, and effectively communicate with the victims of juvenile prostitution.
The commissioner of public safety shall make juvenile prostitution prevention grants to local law enforcement agencies to provide enhanced efforts targeted to juvenile prostitution and training and staff development relating to the prevention of juvenile prostitution. The law enforcement agency must utilize all of the grant funding received for efforts to combat juvenile prostitution.
A local law enforcement agency must submit an application to the commissioner of public safety in the form and manner the commissioner establishes.
299A.76 SUICIDE STATISTICS.
(a) The commissioner of public safety shall not:
(1) include any statistics on committing suicide or attempting suicide in any compilation of crime statistics published by the commissioner; or
(2) label as a crime statistic, any data on committing suicide or attempting suicide.
(b) This section does not apply to the crimes of aiding suicide under section 609.215, subdivision 1, or aiding attempted suicide under section 609.215, subdivision 2, or to statistics on a suicide directly related to the commission of a crime.
299A.783 STATEWIDE ANTITRAFFICKING INVESTIGATION COORDINATION.
The commissioner of public safety must appoint a statewide antitrafficking investigation coordinator. The coordinator must be a current or former law enforcement officer or prosecutor with experience investigating or prosecuting trafficking-related offenses. The coordinator must also have knowledge of services available to and Safe Harbor response for victims of sex trafficking and sexual exploitation and Minnesota's child welfare system response. The coordinator serves at the pleasure of the commissioner in the unclassified service.
The coordinator shall have the following duties:
(1) develop, coordinate, and facilitate training for law enforcement officers, prosecutors, courts, child welfare workers, social service providers, medical providers, and other community members;
(2) establish standards for approved training and review compliance with those standards;
(3) coordinate and monitor multijurisdictional sex trafficking task forces;
(4) review, develop, promote, and monitor compliance with investigative protocols to ensure that law enforcement officers and prosecutors engage in best practices;
(5) provide technical assistance and advice related to the investigation and prosecution of trafficking offenses and the treatment of victims;
(6) promote the efficient use of resources by addressing issues of deconfliction, providing advice regarding questions of jurisdiction, and promoting the sharing of data between entities investigating and prosecuting trafficking offenses;
(7) assist in the appropriate distribution of grants;
(8) perform other duties necessary to ensure effective and efficient investigation and prosecution of trafficking-related offenses; and
(9) coordinate with other federal, state, and local agencies to ensure multidisciplinary responses to trafficking and exploitation of youth in Minnesota.
299A.785 TRAFFICKING STUDY.
The commissioner shall elicit the cooperation and assistance of government agencies and nongovernmental organizations as appropriate to assist in the collection of trafficking data. The commissioner shall direct the appropriate authorities in each agency and organization to make best efforts to collect information relevant to tracking progress on trafficking. The information to be collected may include, but is not limited to:
(1) the numbers of arrests, prosecutions, and successful convictions of traffickers and those committing trafficking-related crimes, including, but not limited to, the following offenses: 609.27 (coercion); 609.282 (labor trafficking); 609.283 (unlawful conduct with respect to documents in furtherance of labor or sex trafficking); 609.321 (promotion of prostitution); 609.322 (solicitation of prostitution); 609.324 (other prostitution crimes); 609.33 (disorderly house); 609.352 (solicitation of a child); 617.245 and 617.246 (use of minors in sexual performance); 617.247 (possession of pornographic work involving minors); and 617.293 (harmful materials; dissemination and display to minors prohibited);
(2) statistics on the number of trafficking victims, including demographics, method of recruitment, and method of discovery;
(3) trafficking routes and patterns, states or country of origin, and transit states or countries;
(4) method of transportation, motor vehicles, aircraft, watercraft, or by foot if any transportation took place; and
(5) social factors, including pornography, that contribute to and foster trafficking, especially trafficking of women and children.
The commissioner shall gather and compile annually statistical data on the extent and nature of trafficking in Minnesota. The commissioner shall publish the data every two years. This publication shall be available to the public and include, to the extent possible, the information to be collected in subdivision 1 and any other information the commissioner finds relevant to the issue of trafficking in Minnesota.
299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
For purposes of sections 299A.78 to 299A.795, the following definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations that provide legal, social, or other community services.
(c) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
(d) "Forced or coerced labor or services" has the meaning given in section 609.281, subdivision 4.
(e) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
(f) "Labor trafficking victim" has the meaning given in section 609.281, subdivision 6.
(g) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
(h) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
(i) "Trafficking" includes "labor trafficking" and "sex trafficking."
(j) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking victim."
The commissioner of public safety, in cooperation with local authorities, shall:
(1) collect, share, and compile trafficking data among government agencies to assess the nature and extent of trafficking in Minnesota; and
(2) analyze the collected data to develop a plan to address and prevent human trafficking.
As provided for in section 15.061, the commissioner of public safety may contract with professional or technical services in connection with the duties to be performed under sections 299A.785, 299A.79, and 299A.795. The commissioner may also contract with other outside organizations to assist with the duties to be performed under sections 299A.785, 299A.79, and 299A.795.
299A.79 TRAFFICKING STUDY; ANALYSIS AND USE OF DATA.
The commissioner shall analyze the data collected in section 299A.785 to develop a plan to address current trafficking and prevent future trafficking in this state. The commissioner may evaluate various approaches used by other state and local governments to address trafficking. The plan must include, but not be limited to:
(1) ways to train agencies, organizations, and officials involved in law enforcement, prosecution, and social services;
(2) ways to increase public awareness of trafficking; and
(3) procedures to enable the state government to work with nongovernmental organizations to prevent trafficking.
The training plan required in subdivision 1 must include:
(1) methods used in identifying trafficking victims, including preliminary interview techniques and appropriate interrogation methods;
(2) methods for prosecuting traffickers;
(3) methods for protecting the rights of trafficking victims, taking into account the need to consider human rights and special needs of women and children trafficking victims; and
(4) methods for promoting the safety of trafficking victims.
The public awareness initiative required in subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage, forced or coerced labor or services, prostitution, and other coercive tactics; and risks of assault, criminal sexual conduct, exposure to sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
The commissioner shall report the plan to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding by December 15, 2006.
299A.795 TRAFFICKING VICTIM ASSISTANCE.
The commissioner may review the existing services and facilities to meet trafficking victims' needs and recommend a plan that would coordinate the services including, but not limited to:
(1) medical and mental health services;
(2) housing;
(3) education and job training;
(4) English as a second language;
(5) interpreting services;
(6) legal and immigration services; and
(7) victim compensation.
299A.7957 TOLL-FREE HOTLINE FOR TRAFFICKING VICTIMS.
(a) As used in this section, "trafficking victim" has the meaning given in section 299A.78, subdivision 1.
(b) The commissioner of public safety shall contract with a nonprofit organization that provides legal services to domestic and international trafficking victims to maintain a toll-free telephone hotline for trafficking victims. The hotline must be in place by January 1, 2007, and must be operated 24 hours a day, 365 days a year. The hotline must offer language interpreters for languages commonly spoken in Minnesota, including, but not limited to, Spanish, Vietnamese, Hmong, and Somali. At a minimum, the hotline must screen trafficking victims, both domestic and international, and provide appropriate referrals to attorneys and victims' services organizations.