1.1.................... moves to amend H.F. No. 2965 as follows:
1.2Delete everything after the enacting clause and insert:

1.4    Subdivision 1. Coordinating council established. The Violent Crime Coordinating
1.5Council is established to provide guidance related to the investigation and prosecution of
1.6gang and drug crime. For the purposes of this section, "gang and drug crime" includes
1.7violent crimes associated with gang activity.
1.8    Subd. 2. Membership. The coordinating council shall consist of the following
1.9individuals or their designees:
1.10    (1) the director of the Office of Special Investigations as the representative of the
1.11commissioner of corrections;
1.12    (2) the superintendent of the Bureau of Criminal Apprehension as the representative
1.13of the commissioner of public safety;
1.14    (3) the attorney general;
1.15    (4) two chiefs of police, selected by the Minnesota Chiefs of Police Association,
1.16one who must work in the seven-county metropolitan area and one who must work in
1.17greater Minnesota;
1.18    (5) two sheriffs, selected by the Minnesota Sheriffs Association one who must work
1.19in the seven-county metropolitan area and one who must work in greater Minnesota;
1.20    (6) the United States attorney for the district of Minnesota;
1.21    (7) two county attorneys, selected by the Minnesota County Attorneys Association,
1.22one who must work in the seven-county metropolitan area and one who must work in
1.23greater Minnesota;
1.24    (8) two public defenders, selected by the Board of Public Defense, one who must
1.25work in the seven-county metropolitan area and one who must work in greater Minnesota;
2.1    (9) two citizen members appointed by the commissioner of public safety in
2.2consultation with representatives from the councils of color created in sections 3.922,
2.33.9223, 3.9225, and 3.9226; and
2.4    (10) a tribal peace officer, selected by the commissioner of public safety, in
2.5consultation with the Minnesota Indian Affairs Council.
2.6The coordinating council shall adopt procedures to govern its conduct as necessary
2.7and shall select a chair from among its members. The chair shall serve a two-year term
2.8and the appointment of the chair shall alternate between a person who works in greater
2.9Minnesota and a person who works in the seven-county metropolitan area.
2.10    Subd. 3. Coordinating council's duties. The coordinating council shall develop an
2.11overall strategy to ameliorate the harm caused to the public by gang and drug crime within
2.12the state of Minnesota. Additionally, the coordinating council shall:
2.13(1) subject to approval by the commissioner of public safety, develop an operating
2.14procedures and policies manual to investigate gang and drug crime in a multijurisdictional
2.16(2) identify and recommend a candidate or candidates for statewide coordinator to
2.17the commissioner of public safety;
2.18(3) establish multijurisdictional violent crime enforcement teams to combat gang
2.19and drug crime;
2.20(4) assist the Department of Public Safety in developing grant eligibility criteria and
2.21operating an objective and conflict-free grant review application process;
2.22(5) make recommendations to the commissioner of public safety to terminate grant
2.23funding for multijurisdictional entities if an entity no longer operates in accordance with
2.24guidelines established under subdivision 4, or no longer functions in a manner consistent
2.25with the best interests of the state or public;
2.26(6) assist in developing a process to collect and share information to improve the
2.27investigation and prosecution of gang and drug offenses;
2.28(7) develop and approve an operational budget for the oversight council; and
2.29(8) subject to approval by the commissioner of public safety, adopt narrowly
2.30tailored, objective criteria and identifying characteristics for use in determining whether
2.31individuals are or may be members of gangs involved in criminal activity. The council
2.32shall review and update the criteria and characteristics adopted under this clause every two
2.33years with the objective to ensure effectiveness and relevance to the accurate identification
2.34of subjects actively involved in criminal gang activity. As part of its review process, the
2.35council shall obtain input from members of communities that are impacted by criminal
3.1gang activity. Before adopting any changes under this clause, the council must submit its
3.2recommendations to the commissioner of public safety for approval.
3.3    Subd. 4. Duties and authority of commissioner. (a) By September 1, 2010,
3.4the commissioner of public safety shall establish guidelines for the certification of
3.5multijurisdictional entities, and their designated fiscal agents, that are established pursuant
3.6to this section and receive grant funding under subdivision 9. The guidelines shall require
3.7that all multijurisdictional entities:
3.8(1) be subject to the operational command and supervision of one of the participating
3.10(2) be subject to an operational and financial audit conducted annually by an outside,
3.11independent entity; and
3.12(3) have adequate staffing and funding to support law enforcement, prosecutorial, and
3.13financial operations, including bookkeeping, evidence handling, and inventory recording.
3.14(b) A multijurisdictional entity, and its designated fiscal agent, may not operate
3.15unless they meet the guidelines established by, and are annually certified by, the
3.16commissioner of public safety. If, at any time, the commissioner revokes an entity's or
3.17fiscal agent's certification, the commissioner may order any or all of the following:
3.18(1) dissolution of the entity, its governing boards, or both;
3.19(2) transfer of duties of the entity, its governing boards, or both, to the Department of
3.20Public Safety; and
3.21(3) any other actions deemed necessary by the commissioner.
3.22Notwithstanding any action taken by the commissioner, any outstanding obligations
3.23or liabilities of the entity remain with the entity and the parties to the agreement and
3.24do not transfer.
3.25(c) Except as provided in section 2, a multijurisdictional entity that is operating
3.26on the effective date of this section shall have six months from the date guidelines are
3.27established under paragraph (a) to be certified under this section.
3.28    Subd. 5. Statewide coordinator. The commissioner of public safety shall appoint a
3.29statewide coordinator. The coordinator serving in the unclassified service shall:
3.30(1) coordinate and monitor all multijurisdictional gang and drug enforcement
3.32(2) facilitate local efforts and ensure statewide coordination with efforts to combat
3.33gang and drug crime;
3.34(3) facilitate training for personnel;
3.35(4) monitor compliance with investigative protocols; and
4.1(5) review annual audits conducted under subdivision 4, take corrective actions
4.2based on audit results, and submit a summary report of the audits and any corrective
4.3actions to the commissioner of public safety.
4.4    Subd. 6. Participating officers; employment status. All participating law
4.5enforcement officers must be licensed peace officers as defined in section 626.84,
4.6subdivision 1
, or qualified federal law enforcement officers as defined in section 626.8453.
4.7Participating officers remain employees of the same entity that employed them before
4.8joining any multijurisdictional entity established under this section. Participating
4.9officers are not employees of the state. Participating officers shall be subject to annual
4.10performance reviews conducted by the entity's governing board.
4.11    Subd. 7. Jurisdiction and powers. Law enforcement officers participating in any
4.12multijurisdictional entity established under this section have statewide jurisdiction to
4.13conduct criminal investigations and have the same powers of arrest as those possessed by
4.14a sheriff.
4.15    Subd. 8. Evidence handling. A multijurisdictional entity established pursuant to
4.16this section shall process all evidence through the standard evidence handling procedures
4.17established by the participating agencies.
4.18    Subd. 9. Grants authorized. The commissioner of public safety may make grants
4.19to state and local units of government to combat gang and drug crime. When awarding
4.20grants, the commissioner shall consider appropriating grants under this section to fund
4.21community-based gang intervention and prevention efforts for youth.
4.22    Subd. 10. Coordinating council is permanent. Notwithstanding section 15.059,
4.23this section does not expire.
4.24    Subd. 11. Governing board; prosecutor's role. (a) A multijurisdictional entity
4.25established under this section shall create a governing board consisting of the chief law
4.26enforcement officer, or designee, from each participating agency, a prosecutor from one of
4.27the participating agencies, and up to three additional members selected by the governing
4.28board. A governing board shall have no less than six members.
4.29(b) The prosecutor on the governing board shall ensure adequate training is provided
4.30for officers assigned to a multijurisdictional entity in order to increase successful
4.32    Subd. 12. Funding. Participating agencies may accept lawful grants or contributions
4.33from any federal source or legal business or entity.
4.34    Subd. 13. Role of attorney general. The attorney general or a designee shall
4.35generally advise on any matters that the coordinating council deems appropriate.
5.1    Subd. 14. Attorney general; community liaison. (a) The attorney general or
5.2a designee shall serve as a liaison between the coordinating council and the councils of
5.3color created in sections 3.922, 3.9223, 3.9225, and 3.9226. The attorney general or
5.4designee will be responsible for:
5.5(1) informing the councils of color of the plans, activities, and decisions and hearing
5.6their reactions to those plans, activities, and decisions; and
5.7(2) providing the coordinating council with the position of the councils of color on
5.8the coordinating council's plan, activities, and decisions.
5.9(b) In no event is the coordinating council required to disclose the names of
5.10individuals identified by it to the councils of color referenced in this subdivision.
5.11    Subd. 15. Required reports. By February 1 of each year, the commissioner of
5.12public safety shall submit the following reports to the chairs of the senate and house
5.13of representatives committees and divisions having jurisdiction over criminal justice
5.14policy and funding:
5.15(1) a report containing a summary of all audits conducted on multijurisdictional
5.16entities under subdivision 4; and
5.17(2) a report on the activities and goals of the coordinating council.

5.19A joint powers entity established pursuant to Minnesota Statutes, section 299A.641,
5.20before the effective date of this section that included as parties to the joint powers
5.21agreement two counties with a population over 500,000 each, is dissolved and any
5.22governing or advisory board established by the terms of the agreement is also dissolved.
5.23All current and future obligations and liabilities of the joint powers entity remain with the
5.24parties to the agreement and do not transfer to the state.
5.25For purposes of this section, "population" means the most recent population estimate
5.26made by the state demographer under Minnesota Statutes, section 4A.02.
5.27EFFECTIVE DATE.This section is effective the day following final enactment.

5.28    Sec. 3. APPROPRIATION.
5.29$....... is appropriated in fiscal year 2011 from the general fund to the commissioner
5.30of public safety for grants to multijurisdictional entities for conducting audits required
5.31under Minnesota Statutes, section 299.642, subdivision 4, paragraph (a).

5.32    Sec. 4. REPEALER.
5.33Minnesota Statutes 2008, section 299A.641, is repealed."
6.1Delete the title and insert:
6.2"A bill for an act
6.3relating to public safety; establishing a certification process for multijurisdictional
6.4gang and drug task forces; appropriating money;proposing coding for new
6.5law in Minnesota Statutes, chapter 299A; repealing Minnesota Statutes 2008,
6.6section 299A.641."