1.1    .................... moves to amend H.F. No. 3228 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 609.6055, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Definitions. (a) As used in this section, the following terms have
1.6the meanings given.
1.7    (b) "Critical public service facility" includes buildings and other physical structures,
1.8and fenced in or otherwise enclosed property, of railroad yards and stations, bus stations,
1.9airports, and other mass transit facilities; oil refineries; and storage areas or facilities for
1.10hazardous materials, hazardous substances, or hazardous wastes. The term also includes
1.11nonpublic portions of bridges. The term does not include railroad tracks extending beyond
1.12a critical public service facility.
1.13    (c) "Pipeline" includes an aboveground pipeline, a below ground pipeline housed in
1.14an underground structure, and any equipment, facility, or building located in this state that
1.15is used to transport natural or synthetic gas, crude petroleum or petroleum fuels or oil or
1.16their derivatives, or hazardous liquids, to or within a distribution, refining, manufacturing,
1.17or storage facility that is located inside or outside of this state. Pipeline does not include
1.18service lines.
1.19    (d) "Utility" includes:
1.20    (1) any organization defined as a utility in section 216C.06, subdivision 18;
1.21    (2) any telecommunications carrier or telephone company regulated under chapter
1.22237; and
1.23    (3) any local utility or enterprise formed for the purpose of providing electrical or gas
1.24heating and power, telephone, water, sewage, wastewater, or other related utility service,
1.25which is owned, controlled, or regulated by a town, a statutory or home rule charter city,
1.26a county, a port development authority, the Metropolitan Council, a district heating
2.1authority, a regional commission or other regional government unit, or a combination of
2.2these governmental units.
2.3    The term does not include property located above buried power or
2.4telecommunications lines or property located below suspended power or
2.5telecommunications lines, unless the property is fenced in or otherwise enclosed.
2.6EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
2.7offenses committed on or after that date.

2.8    Sec. 2. Minnesota Statutes 2006, section 609.6055, subdivision 2, is amended to read:
2.9    Subd. 2. Prohibited conduct; penalty. (a) Whoever enters or is found upon
2.10property containing a critical public service facility, utility, or pipeline, without claim of
2.11right or consent of one who has the right to give consent to be on the property, is guilty of
2.12a gross misdemeanor, if:
2.13    (1) the person refuses to depart from the property on the demand of one who has
2.14the right to give consent;
2.15    (2) within the past six months, the person had been told by one who had the right
2.16to give consent to leave the property and not to return, unless a person with the right to
2.17give consent has given the person permission to return; or
2.18    (3) the property is posted.
2.19    (b) Whoever enters an underground structure that (i) contains a utility or pipeline
2.20and (ii) is not open to the public for pedestrian use, without claim of right or consent of
2.21one who has the right to give consent to be in the underground structure, is guilty of
2.22a gross misdemeanor. The underground structure does not need to be posted for this
2.23paragraph to apply.
2.24EFFECTIVE DATE.This section is effective August 1, 2008, and applies to
2.25offenses committed on or after that date."