The House of Representatives convened at 9:30 a.m. and was called to order by Joe Opatz, Speaker pro tempore.
Prayer was offered by Senator Pat Piper, District 27, Austin, Minnesota.
The roll was called and the following members were present:
| Abrams | Evans | Kalis | Marko | Pelowski | Sykora |
| Anderson, B. | Farrell | Kelso | McCollum | Peterson | Tingelstad |
| Anderson, I. | Finseth | Kielkucki | McElroy | Pugh | Tomassoni |
| Bakk | Folliard | Kinkel | McGuire | Rest | Tompkins |
| Bettermann | Garcia | Knight | Milbert | Reuter | Trimble |
| Biernat | Goodno | Knoblach | Molnau | Rhodes | Tuma |
| Bishop | Greenfield | Koppendrayer | Mulder | Rifenberg | Tunheim |
| Boudreau | Greiling | Koskinen | Mullery | Rostberg | Van Dellen |
| Bradley | Gunther | Kraus | Munger | Rukavina | Vickerman |
| Broecker | Haas | Krinkie | Murphy | Schumacher | Wagenius |
| Carlson | Harder | Kubly | Ness | Seagren | Weaver |
| Chaudhary | Hasskamp | Kuisle | Nornes | Seifert | Wejcman |
| Clark | Hausman | Larsen | Olson, E. | Sekhon | Wenzel |
| Commers | Hilty | Leighton | Olson, M. | Skare | Westfall |
| Daggett | Holsten | Leppik | Opatz | Skoglund | Westrom |
| Davids | Huntley | Lieder | Orfield | Slawik | Winter |
| Dawkins | Jaros | Lindner | Osskopp | Smith | Wolf |
| Dehler | Jefferson | Long | Osthoff | Solberg | Workman |
| Delmont | Jennings | Luther | Otremba | Stanek | Spk. Carruthers |
| Dempsey | Johnson, A. | Macklin | Ozment | Stang | |
| Dorn | Johnson, R. | Mahon | Paulsen | Sviggum | |
| Entenza | Juhnke | Mares | Pawlenty | Swenson, D. | |
| Erhardt | Kahn | Mariani | Paymar | Swenson, H. | |
A quorum was present.
The Chief Clerk proceeded to read the Journal of the preceding day. Reuter moved that further reading of the Journal be suspended and that the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
The following communications were received:
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Act of the 1997 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
| S.F. No. | H.F. No. | Session Laws Chapter No. | Time and Date Approved 1997 | Date
Filed 1997 |
| 1 | 85 | 2:12 p.m. April 30 | April 30 | |
Sincerely,
Joan Anderson Growe
Secretary of State
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House File:
H. F. No. 1637, relating to insurance; adopting insurance-related recommendations of the arson task force.
Warmest regards,
Arne H. Carlson
Governor
STATE OF MINNESOTA
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 1880, relating to reemployment compensation; providing less frequent payment schedules for certain employers; providing for noncharging of benefits in certain situations.
H. F. No. 1383, relating to occupational safety and health; providing that certain notices are filed when placed in the United States mail.
H. F. No. 317, relating to capital improvements; authorizing towns to exercise eminent domain and other powers for purposes of wastewater infrastructure.
H. F. No. 966, relating to employment; modifying provisions governing payment of wages; including the state in the definition of employer for certain purposes.
H. F. No. 807, relating to taxation; making policy changes to income and withholding taxes, property taxes, mortgage registry and deed taxes, sales and use taxes, MinnesotaCare taxes, and tax collections; providing civil penalties.
Warmest regards,
Arne H. Carlson
Governor
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
| S.F. No. | H.F. No. | Session Laws Chapter No. | Time and Date Approved 1997 | Date
Filed 1997 | |||||
| 1637 | 77 | 2:00 p.m. May 2 | May 2 | 1880 | 80 | 3:00 p.m. May 2 | May 2 | ||
| 1383 | 81 | 3:02 p.m. May 2 | May 2 | ||||||
| 317 | 82 | 3:14 p.m. May 2 | May 2 | ||||||
| 966 | 83 | 3:16 p.m. May 2 | May 2 | ||||||
| 807 | 84 | 3:25 p.m. May 2 | May 2 | ||||||
Sincerely,
Joan Anderson Growe
Secretary of State
OFFICE OF THE GOVERNOR
SAINT PAUL 55155
The Honorable Phil Carruthers
Speaker of the House of Representatives
The State of Minnesota
Dear Speaker Carruthers:
It is my honor to inform you that I have received, approved, signed and deposited in the Office of the Secretary of State the following House Files:
H. F. No. 209, relating to human services; changing provisions for placement of children.
H. F. No. 756, relating to the state demographer; changing procedures for certain population and related estimates.
H. F. No. 5, relating to crime; clarifying the elements of the harassment and stalking crime; increasing the penalties for a violation of a domestic abuse order for protection and a harassment restraining order; adding certain violations of the harassment and stalking law to the list of crimes for which mandatory minimum prison sentences must be imposed; expanding the definition of "pattern of harassing conduct"; clarifying that the application of the sentencing guidelines system is not a right that a defendant may waive; limiting a defendant's right to take an appeal regarding a sentence; requiring a study on the sentencing guidelines.
Warmest regards,
Arne H. Carlson
Governor
STATE OF MINNESOTA
OFFICE OF THE SECRETARY OF STATE
ST. PAUL 55155
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
I have the honor to inform you that the following enrolled Acts of the 1997 Session of the State Legislature have been received from the Office of the Governor and are deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:
| S.F. No. | H.F. No. | Session Laws Chapter No. | Time and Date Approved 1997 | Date
Filed 1997 | |||||
| 209 | 86 | 11:05 a.m. May 6 | May 6 | ||||||
| 756 | 87 | 11:07 a.m. May 6 | May 6 | ||||||
| 839 | 88 | 11:09 a.m. May 6 | May 6 | ||||||
| 951 | 89 | 11:09 a.m. May 6 | May 6 | ||||||
| 1037 | 90 | 11:11 a.m. May 6 | May 6 | ||||||
| 1669 | 91 | 11:13 a.m. May 6 | May 6 | 890 | 92 | 11:18 a.m. May 6 | May 6 | ||
| 1155 | 93 | 11:20 a.m. May 6 | May 6 | ||||||
| 36 | 94 | 11:25 a.m. May 6 | May 6 | ||||||
| 574 | 95 | 11:32 a.m. May 6 | May 6 | ||||||
| 5 | 96 | 11:07 a.m. May 6 | May 6 | ||||||
Sincerely,
Joan Anderson Growe
Secretary of State
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 1390, A bill for an act relating to the Floodwood joint recreation board; regulating its tax levies.
Reported the same back with the recommendation that the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
H. F. No. 1579, A bill for an act relating to game and fish; modifying certain license issuing fees; amending Minnesota
Statutes 1996, section 97A.485, subdivision 6.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 97A.485, subdivision 6, is amended to read:
Subd. 6. [LICENSES TO BE SOLD AND ISSUING FEES.] (a) Persons authorized to sell licenses under this section
must sell the following licenses for the license fee and the following issuing fees:
(1) to take deer or bear with firearms and by archery, the issuing fee is
(2) Minnesota sporting, the issuing fee is
(3) to take small game, for a person under age 65 to take fish by angling or for a person of any age to take fish by spearing,
and to trap fur-bearing animals, the issuing fee is
(4) for a trout and salmon stamp that is not issued simultaneously with an angling or sporting license, an issuing fee of
(5) for stamps other than a trout and salmon stamp, there is no fee.
(b) An issuing fee may not be collected for issuance of a trout and salmon stamp if a stamp is issued simultaneously with
the related angling or sporting license. Only one issuing fee may be collected when selling more than one trout and salmon
stamp in the same transaction after the end of the season for which the stamp was issued.
(c) The auditor or subagent shall keep the issuing fee as a commission for selling the licenses.
(d) The commissioner shall collect the issuing fee on licenses sold by the commissioner.
(e) A license, except stamps, must state the amount of the issuing fee and that the issuing fee is kept by the seller as a
commission for selling the licenses.
(f) For duplicate licenses, the issuing fees are:
(1) for licenses to take big game, 75 cents; and
(2) for other licenses, 50 cents."
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
S. F. No. 164, A bill for an act relating to agriculture; conforming certain food rules with federal regulations; eliminating
a requirement concerning llamas; regulating raising of bison; amending Minnesota Statutes 1996, sections 31.101; 31.102,
subdivision 1; 31.103, subdivision 1; and 31.104; proposing coding for new law in Minnesota Statutes, chapter 17; repealing
Minnesota Statutes 1996, section 17.456, subdivision 4.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 17.03, is amended by adding a subdivision to read:
Subd. 12. [CONTRACTS.] The commissioner may enter into contracts with any public or private entity
for the provision of biological control, integrated pest management, plant pest survey, and market analysis services. A
contract must specify the services to be provided and the amount and method of reimbursement. Funds generated in a
contractual agreement under this section must be deposited in a special revenue fund and are appropriated to the department
for purposes of providing services specified in the contracts. Contracts under this section must be processed in accordance
with section 16B.06. The commissioner must report revenues collected and expenditures made under this section to the
chairs of the environment and natural resources finance committee in the house and the environment and agriculture budget
division in the senate by January 15 of each odd-numbered year.
Sec. 2. Minnesota Statutes 1996, section 17.116, subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] (a) Grants may only be made to farmers, educational institutions, individuals at educational
institutions, or nonprofit organizations residing or located in the state for demonstrations on farms in the state.
(b) Grants may only be made for projects that show:
(1) the ability to maximize direct or indirect energy savings or production;
(2) a positive effect or reduced adverse effect on the environment; and
(3) profitability for the individual farm.
Sec. 3. Minnesota Statutes 1996, section 31.101, is amended to read:
31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.]
Subdivision 1. The authority to promulgate and amend rules for the efficient administration and enforcement of the
Minnesota food law is vested in the commissioner and is in addition to authority granted in sections 31.10, 31.11, and 31.12.
Such rules when applicable shall conform, insofar as practicable and consistent with state law, with those promulgated under
the federal law.
Subd. 2. Hearings authorized or required by law shall be conducted by the commissioner or such officer, agent, or
employee as the commissioner may designate for the purpose.
Subd. 3. Federal pesticide chemical regulations and amendments thereto in effect on April 1,
Subd. 4. Federal food additive regulations and amendments thereto in effect on April 1,
Subd. 5. Federal color additive regulations and amendments thereto in effect on April 1,
Subd. 6. Federal special dietary use regulations and amendments thereto in effect on April 1,
Subd. 7. Federal regulations and amendments thereto in effect on April 1,
Subd. 8. Applicable federal regulations including recodification contained in Code of Federal Regulations, title 21, parts
0-1299, Food and Drugs, in effect April 1,
Subd. 9. [FISHERY PRODUCTS RULES.] Federal regulations in effect on April 1,
Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in effect on April 1, 1997, as provided
by Code of Federal Regulations, title 9, parts 301 to 362 and 381 to 391, with the exception of Subpart C-Exemptions,
sections 381.10 to 381.15, are incorporated as part of the meat and poultry rules in this state. The rules may be amended
by the commissioner under chapter 14.
Subd. 11. [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS.] Federal
regulations in effect on April 1, 1997, as provided by Code of Federal Regulations, title 7, parts 51 and 52, are incorporated
as part of the rules in this state. The rules may be amended by the commissioner under chapter 14.
Sec. 4. Minnesota Statutes 1996, section 31.102, subdivision 1, is amended to read:
Subdivision 1. Federal definitions and standards of identity, quality and fill of container and amendments thereto, in effect
on April 1,
Sec. 5. Minnesota Statutes 1996, section 31.103, subdivision 1, is amended to read:
Subdivision 1. All labels of consumer commodities shall conform with the requirements for the declaration of net quantity
of contents of section 4 of the Fair Packaging and Labeling Act (United States Code, title 15, section 1451 et seq.) and
federal regulations in effect on April 1,
Sec. 6. Minnesota Statutes 1996, section 31.104, is amended to read:
31.104 [FOOD LABELING EXEMPTION RULES.]
The commissioner shall promulgate rules exempting from any labeling requirement food which is, in accordance with
the practice of the trade, to be processed, labeled or repacked in substantial quantities at establishments other than those
where originally processed or packed, on condition that such food is not adulterated or misbranded upon removal from such
processing, labeling or repacking establishment.
Federal regulations in effect on April 1,
Sec. 7. [REPEALER.]
Minnesota Statutes 1996, section 17.456, subdivision 4, is repealed. "
Delete the title and insert:
"A bill for an act relating to agriculture; conforming certain food rules with federal regulations; eliminating a requirement
concerning llamas; providing for certain contracts and grants; amending Minnesota Statutes 1996, sections 17.03, by adding
a subdivision; 17.116, subdivision 2; 31.101; 31.102, subdivision 1; 31.103, subdivision 1; and 31.104; repealing Minnesota
Statutes 1996, section 17.456, subdivision 4."
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
S. F. No. 184, A bill for an act relating to the environment; modifying requirements relating to toxics in products;
amending Minnesota Statutes 1996, section 115A.9651.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 115A.9651, is amended to read:
115A.9651 [TOXICS IN SPECIFIED PRODUCTS; ENFORCEMENT.]
Subdivision 1. [PROHIBITION.]
Subd. 2. [DEFINITIONS.] (a) For the purposes of this section, the following terms have the meanings given
them.
(b) "Council" means the council established under subdivision 5.
(c) "Essential product" means a specified product into which the introduction of a listed metal is required under
military specifications or to ensure the integrity of a product essential for aviation or railroad safety, and which is being used
only in that application.
(d) "Intentionally introduce" means to deliberately use a listed metal as an element during manufacture or distribution
of a specified product. Intentional introduction does not include the incidental presence of a listed metal.
(e) "Listed metal" means lead, cadmium, mercury, or hexavalent chromium.
(f) "Listed product" means a specified product that is included on the prohibited products list published under
subdivision 4.
(g) "New product" means a specified product which was not used, sold, or distributed in the state before July 2, 1998,
or which has been reformulated so that it contains more of a listed metal.
(h) "Official" means an officer of a corporation, a general partner of a partnership or limited partnership, a sole
proprietor, or, in the case of any other entity, a person with high level management responsibilities.
(i) "Specified product" means an ink, dye, pigment, paint, or fungicide into which a listed metal has been intentionally
introduced or in which the incidental presence of a listed metal exceeds a concentration of 100 parts per million.
Subd. 3. [
(b) The person submitting the certification shall keep a copy on file and make copies available to the commissioner
or the attorney general upon request or to any member of the public within 60 days of receipt of a written request that
specifies the type of product for which the information is requested.
Subd. 4. [PROHIBITED PRODUCTS LIST.] By October 1, 1998, the commissioner shall publish in the
State Register a list of specified products for which the commissioner has received certifications as provided under
subdivision 3.
Subd. 5. [TOXICS ADVISORY COUNCIL.] (a) The purpose of this section is to promote the public health
and welfare and protect the environment by removing listed metals from specified products so that the listed metals do not
contribute to bioaccumulation and burden taxpayers with unnecessary disposal costs.
(b) By July 1, 1997, the commissioner shall appoint a toxics advisory council consisting of the following five
permanent members: a chair, a representative of government, a representative of business, a representative of a citizens'
organization, and a representative from a relevant field of academia. Temporary members of the council shall be appointed
by the commissioner under paragraph (f). No permanent or temporary member of the council who is an employee of a
manufacturer or user of a specified product may sit in consideration of that product.
(c) The council shall have the following duties:
(1) review reports submitted under subdivisions 6, 7, and 8 and provide advice to the commissioner pursuant to
paragraph (d); and
(2) report to the commissioner on October 1, 2000, and June 30, 2001, on any reasonable measures that would allow
the criteria in paragraph (d) to be met with regard to products reviewed based on information obtained during the review
of products.
(d) The council's advice to the commissioner under paragraph (c), clause (1), shall be based on an evaluation of the
environmental impact of the product and the ability of the manufacturer or user to reduce or eliminate the listed metal. Before
making a recommendation that the commissioner take action under subdivision 9, the council must conclude that:
(1) there is an alternative to the specified product that does not contain the listed metal that performs the same
technical function, is commercially available, and is economically practicable; and
(2) replacement of the product with the alternative will result in an environmental benefit in the state.
(e) A recommendation that the commissioner take action under subdivision 9 shall include the information required
by section 14.131 to the extent the council, through reasonable effort, can ascertain this information.
(f) Before the council evaluates a specific product or group of products, the commissioner shall appoint temporary
council members in an even number up to six. The commissioner shall seek to appoint as temporary members persons
having expertise on the product or group of products under review as well as persons representing community interests. The
temporary members shall be voting members of the council on all matters related to consideration of the product or group
of products. The terms of the temporary members shall expire when the council has completed its review of the product or
group of products and has submitted its recommendation to the commissioner pursuant to this subdivision.
(g) The permanent members of the council must prioritize the council's review of a specific product or group of
products by publishing a notice in the State Register by October 1, 1998, identifying those specified products, or groups of
products, which will be reviewed by July 1, 2000. By October 1, 2000, the council shall publish a notice in the State
Register identifying those specified products, or groups of products, which will be reviewed by June 30, 2001. The council
shall consider potential environmental impacts in prioritizing its review. The council shall notify manufacturers and users
who have submitted product review reports of the appropriate review schedule. A manufacturer who has submitted a
product review report may request an expedited review by the council.
(h) The commissioner shall provide staff and administrative services to the council. Compensation and removal of
council members shall be as provided in section 15.059, subdivisions 3 and 4. The council shall dissolve on June 30,
2001.
Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided under subdivision 7, the manufacturer,
or an association of manufacturers, of any specified product distributed for sale or use in this state that is not listed pursuant
to subdivision 4 shall submit a product review report and fee as provided in paragraph (c) to the commissioner for each
product by July 1, 1998. Each product review report shall contain at least the following:
(1) a policy statement articulating upper management support for eliminating or reducing intentional introduction of
listed metals into its products;
(2) a description of the product and the amount of each listed metal distributed for use in this state;
(3) a description of past and ongoing efforts to eliminate or reduce the listed metal in the product;
(4) an assessment of options available to reduce or eliminate the intentional introduction of the listed metal including
any alternatives to the specified product that do not contain the listed metal, perform the same technical function, are
commercially available, and are economically practicable;
(5) a statement of objectives in numerical terms and a schedule for achieving the elimination of the listed metals and
an environmental assessment of alternative products;
(6) a listing of options considered not to be technically or economically practicable; and
(7) certification attesting to the accuracy of the information in the report signed and dated by an official of the
manufacturer or user.
If the manufacturer fails to submit a product review report, a user of a specified product may submit a report and fee
which comply with this subdivision by August 15, 1998.
(b) By July 1, 1999, and annually thereafter until the commissioner takes action under subdivision 9, the manufacturer
or user must submit a progress report and fee as provided in paragraph (c) updating the information presented under
paragraph (a).
(c) The fee shall be $295 for each report.
(d) Where it cannot be determined from a progress report submitted by a person pursuant to Laws 1994, chapter 585,
section 30, subdivision 2, paragraph (e), the number of products for which product review reports are due under this
subdivision, the commissioner shall have the authority to determine, after consultation with that person, the number of
products for which product review reports are required.
(e) The commissioner shall summarize, aggregate, and publish data reported under paragraphs (a) and (b)
annually.
(f) A product that is the subject of a decision under section 115A.965 is exempt from this section.
Subd. 7. [ESSENTIAL PRODUCTS; PUBLISHED LIST.] (a) By January 1, 1998, a manufacturer or user
of an essential product must submit a certification to the commissioner that the product meets the definition in subdivision
2, paragraph (c). By July 1, 2002, each manufacturer or user of an essential product shall submit a report to the
commissioner which includes the information required in subdivision 6, paragraph (a), and a statement of whether the
product continues to meet the definition in subdivision 2, paragraph (c).
(b) By October 1, 1998, the commissioner shall publish in the State Register a list of essential products for which
the commissioner has received certification pursuant to this subdivision. By October 1, 2002, the commissioner shall
publish in the State Register a list of essential products based on reports submitted by July 1, 2002, as provided in
paragraph (a).
Subd. 8. [NEW PRODUCTS; CRITERIA FOR REVIEW.] (a) After July 1, 1998, but before June 30, 2001,
no person shall sell, distribute, or offer for sale in this state a new product prior to the manufacturer or user submitting a
product review report and fee specified in subdivision 6.
(b) The council shall review reports submitted under this subdivision and provide advice to the commissioner. The
council's advice to the commissioner under this subdivision shall be based on an evaluation of the environmental impact of
the product and the ability of the manufacturer or user to reduce or eliminate the listed metal. Before making a
recommendation that the commissioner take action under subdivision 9, the council must conclude that:
(1) there is an alternative to the specified product that does not contain the listed metal that performs the same
technical function, is commercially available, and is economically practicable, and replacement of the product with the
alternative will result in an environmental benefit in the state; or
(2) if there is no alternative to the new product, that the use of the listed metal in the new product presents a significant
threat to the safe and efficient operation of waste facilities, or use of the listed metal does not increase the useful life span
of the new product, reduce the overall toxicity of the final product or of material used in production of the final product, or
otherwise provide a net environmental benefit to the state.
(c) Notwithstanding subdivision 5, paragraph (f), where the commissioner determines that a new product subject to
paragraph (a) is sufficiently similar to a product or products previously reviewed by the council, the commissioner may
authorize the permanent members of the council to perform the duties established in paragraph (b) without the appointment
of temporary members. In performing those duties, the council shall utilize information gathered in any previous review of
a similar product or products.
(d) Beginning July 1, 2000, no person shall sell, distribute, or offer for sale in this state a new product without the
commissioner's approval. A person seeking approval of a new product shall submit a product review report including the
information and fee specified in subdivision 6. The commissioner shall not approve the new product unless the
commissioner determines that it meets the criteria in paragraph (b). The commissioner shall make a determination within
six months of receipt of a complete request.
Subd. 9. [AUTHORITY OF COMMISSIONER.] (a) The commissioner may, upon the recommendation
of the council, prohibit the distribution for sale or use in this state of a specified product that is not an essential product.
(b) Before taking action under this subdivision, the commissioner must conclude that:
(1) there is an alternative to the specified product that does not contain the listed metal that performs the same
technical function, is commercially available, and is economically practicable, and replacement of the product with the
alternative will result in an environmental benefit to the state; or
(2) if there is no alternative to the new product, that the use of the listed metal in the new product presents a significant
threat to the safe and efficient operation of waste facilities, or use of the listed metal does not increase the useful life span
of the new product, reduce the overall toxicity of the final product or of material used in production of the final product, or
otherwise provide a net environmental benefit to the state.
(c) If the commissioner fails to take action under this subdivision as recommended by the council, the commissioner
shall submit a report to the legislature explaining the reasons for not taking such action.
(d) The commissioner shall provide the legislature a report and recommendations based on any report prepared by
the council under subdivision 5, paragraph (c), clause (2).
Subd. 10. [APPLICATION; ENFORCEMENT.] (a) This section does not apply to art supplies.
(b) This section may be enforced under sections 115.071 and 116.072. The attorney general or the commissioner
of the agency shall coordinate enforcement of this section with the director of the office.
Subd. 11. [RULEMAKING AUTHORITY.] (a) The pollution control agency may adopt, amend, suspend,
and repeal rules to implement this section.
(b) Publication of notice under subdivision 5, paragraph (g), shall be deemed to satisfy the requirements of
section 14.101.
(c) The commissioner may adopt a council recommendation under subdivision 5 as the agency's statement of need
and reasonableness. A recommendation adopted in this manner shall be deemed to satisfy any content requirements for a
statement of need and reasonableness imposed by law.
(d) Any hearings on rules adopted under this section shall be conducted in accordance with sections 14.14 to 14.20
and address whether the rule meets the standards for review under which the judge is required to approve or
disapprove the rule.
(e) Section 14.125 does not apply to the agency's rulemaking authority under this section.
(f) A rule adopted under this section is effective until repealed by the agency.
Subd. 12. [SEWAGE BIOSOLIDS REPORT.] In its annual performance report required under section
15.91, the agency shall include the amount of listed metals contained in sewage biosolids spread on the land after wastewater
treatment.
Sec. 2. [APPROPRIATION.]
(a) $88,000 in fiscal year 1998 and $194,000 in fiscal year 1999 are appropriated from the environmental fund to
the commissioner of the pollution control agency for the purpose of implementing section 1.
(b) $34,000 in fiscal year 1998 and $56,000 in fiscal year 1999 are appropriated from the environmental fund to the
director of the office of environmental assistance for the purpose of implementing section 1.
Sec. 3. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to the environment; modifying requirements relating to toxics in products; appropriating money;
amending Minnesota Statutes 1996, section 115A.9651."
With the recommendation that when so amended the bill pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which was referred:
S. F. No. 412, A bill for an act relating to employment; establishing and modifying certain salary provisions for certain
public employees; amending Minnesota Statutes 1996, sections 3.855, subdivision 3; 15A.081, subdivisions 7b, 8, and 9;
15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1 and 3; 43A.18, subdivisions 4 and 5; 85A.02, subdivision 5a;
298.22, subdivision 1; and 349A.02, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 15A;
repealing Minnesota Statutes 1996, section 15A.081, subdivisions 1 and 7.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 3.855, subdivision 3, is amended to read:
Subd. 3. [OTHER SALARIES AND COMPENSATION PLANS.] The commission shall also:
(1) review and approve, reject, or modify a plan for compensation and terms and conditions of employment prepared and
submitted by the commissioner of employee relations under section 43A.18, subdivision 2, covering all state employees who
are not represented by an exclusive bargaining representative and whose compensation is not provided for by chapter 43A
or other law;
(2) review and approve, reject, or modify a plan for total compensation and terms and conditions of employment for
employees in positions identified as being managerial under section 43A.18, subdivision 3, whose salaries and benefits are
not otherwise provided for in law or other plans established under chapter 43A;
(3) review and approve, reject, or modify recommendations for salaries submitted by the governor or other appointing
authority under section 43A.18, subdivision 5, covering agency head positions listed in section
(4) review and approve, reject, or modify recommendations for salaries of officials of higher education systems under
section 15A.081, subdivision 7b; and
(5) review and approve, reject, or modify plans for compensation, terms, and conditions of employment proposed under
section 43A.18, subdivisions 3a and 4.
Sec. 2. Minnesota Statutes 1996, section 15A.081, subdivision 7b, is amended to read:
Subd. 7b. [HIGHER EDUCATION OFFICERS.] The board of trustees of the Minnesota state colleges and universities
and the higher education services council shall set the salary rates for, respectively, the chancellor of the Minnesota state
colleges and universities and the director of the higher education services office. The board or the council shall submit the
proposed salary change to the legislative coordinating commission for approval, modification, or rejection in the manner
provided in section 3.855.
Sec. 3. Minnesota Statutes 1996, section 15A.081, subdivision 8, is amended to read:
Subd. 8. [EXPENSE ALLOWANCE.] Notwithstanding any law to the contrary, positions listed in
Sec. 4. Minnesota Statutes 1996, section 15A.081, subdivision 9, is amended to read:
Subd. 9. [TRANSFER OF VACATION AND SICK LEAVE; CERTAIN APPOINTEES.] (a) This subdivision governs
transfers of accumulated vacation leave and sick leave if the governor appoints the incumbent of a position listed in
(b) An appointee moving between positions in the executive branch shall transfer all vacation leave and sick leave hours
to the appointee's credit at the time of the new appointment.
(c) The governor may authorize an appointee to transfer accumulated vacation leave and sick leave hours under the
following conditions:
(1) an appointee moving to a position in the executive branch from a position outside the executive branch may be
permitted to transfer no more than 275 hours of accumulated unliquidated vacation leave and no more than 900 hours of
accumulated unliquidated sick leave; and
(2) an appointee moving to a position outside the executive branch from a position within the executive branch may be
permitted to transfer accumulated unliquidated vacation leave and sick leave hours up to the maximum accumulations
permitted by the personnel policies governing the new position.
The governor shall notify the commissioner of employee relations of any transfers authorized under this paragraph.
Sec. 5. [15A.0815] [SALARY LIMITS FOR CERTAIN EMPLOYEES.]
Subdivision 1. [SALARY LIMITS.] The governor or other appropriate appointing authority shall set the
salary rates for positions listed in this section within the salary limits listed in subdivisions 2 to 5, subject to approval of the
legislative coordinating commission and the legislature as provided by sections 3.855, 15A.081, subdivision 7b, and 43A.18,
subdivision 5.
Subd. 2. [HIGHER EDUCATION SYSTEM LIMITS.] The salary rate of the chancellor of Minnesota state
colleges and universities may not exceed 95 percent of the salary of the governor. For purposes of this subdivision, "the
salary rate of the chancellor" does not include:
(1) employee benefits that are also provided for the majority of all other full-time state employees, vacation and sick
leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits;
(2) any benefits the cost of which is borne by the employee or which is not subject to tax as income under the Internal
Revenue Code of 1986;
(3) dues paid to organizations that are of a civic, professional, educational, or governmental nature;
(4) reimbursement for actual expenses incurred by the employee that the appointing authority determines to be directly
related to the performance of job responsibilities, including any relocation expenses paid during the initial year of
employment; or
(5) a housing allowance that is comparable to housing allowances provided to chancellors and university presidents
in similar higher education systems nationwide.
Subd. 3. [GROUP I SALARY LIMITS.] The salaries for positions in this subdivision may not exceed 85
percent of the salary of the governor:
Commissioner of administration;
Commissioner of agriculture;
Commissioner of children, families, and learning;
Commissioner of commerce;
Commissioner of corrections;
Commissioner of economic security;
Commissioner of employee relations;
Commissioner of finance;
Commissioner of health;
Executive director, higher education services office;
Commissioner, housing finance agency;
Commissioner of human rights;
Commissioner of human services;
Executive director, state board of investment;
Commissioner of labor and industry;
Executive director, Minnesota state high school league;
Commissioner of natural resources;
Director of office of strategic and long-range planning;
Commissioner, pollution control agency;
Commissioner of public safety;
Commissioner, department of public service;
Commissioner of revenue;
Commissioner of trade and economic development;
Commissioner of transportation; and
Commissioner of veterans affairs.
Subd. 4. [GROUP II SALARY LIMITS.] The salaries for positions in this subdivision may not exceed 75
percent of the salary of the governor:
Ombudsman for corrections;
Executive director of gambling control board;
Commissioner, bureau of mediation services;
Ombudsman for mental health and retardation;
Chair, metropolitan council;
Executive director of pari-mutuel racing;
Executive director, public employees retirement association;
Commissioner, public utilities commission;
Executive director, state retirement system; and
Executive director, teachers retirement association.
Subd. 5. [GROUP III SALARY LIMITS.] The salary for a position in this subdivision may not exceed 25
percent of the salary of the governor:
Chair, metropolitan airports commission.
Sec. 6. [15A.0816] [CONSTITUTIONAL OFFICERS.]
Notwithstanding any other law to the contrary, the salary of a constitutional officer may not be less than 75 percent
of the salary of the governor.
Sec. 7. Minnesota Statutes 1996, section 15A.083, subdivision 5, is amended to read:
Subd. 5. [TAX COURT.]
Sec. 8. Minnesota Statutes 1996, section 15A.083, subdivision 6a, is amended to read:
Subd. 6a. [ADMINISTRATIVE LAW JUDGE;
Sec. 9. Minnesota Statutes 1996, section 15A.083, subdivision 7, is amended to read:
Subd. 7. [WORKERS' COMPENSATION COURT OF APPEALS AND COMPENSATION JUDGES.] Salaries of
judges of the workers' compensation court of appeals are the same as the salary for district court judges
for a chief district court judge.
Sec. 10. Minnesota Statutes 1996, section 43A.17, subdivision 1, is amended to read:
Subdivision 1. [SALARY LIMITS.] As used in subdivisions 1 to 9, "salary" means hourly, monthly, or annual rate of
pay including any lump-sum payments and cost-of-living adjustment increases but excluding payments due to overtime
worked, shift or equipment differentials, work out of class as required by collective bargaining agreements or plans
established under section 43A.18, and back pay on reallocation or other payments related to the hours or conditions under
which work is performed rather than to the salary range or rate to which a class is assigned. For presidents of state
universities, "salary" does not include a housing allowance provided through a compensation plan approved under
section 43A.18, subdivision 3a.
The salary, as established in section
Sec. 11. Minnesota Statutes 1996, section 43A.17, subdivision 3, is amended to read:
Subd. 3. [UNUSUAL EMPLOYMENT SITUATIONS.] Upon the request of the appointing authority, and when the
commissioner determines that changes in employment situations create difficulties in attracting or retaining employees, the
commissioner may approve an unusual employment situation increase to advance an employee within the compensation plan.
Sec. 12. Minnesota Statutes 1996, section 43A.18, subdivision 4, is amended to read:
Subd. 4. [PLANS NOT ESTABLISHED BUT APPROVED BY COMMISSIONER.] (a) Notwithstanding any other
law to the contrary, terms and conditions of employment for employees listed in this subdivision must be set by appointing
authorities within the limits of compensation plans that have been approved by the commissioner before becoming effective.
Compensation plans established under
(b) Total compensation for employees who are not covered by a collective bargaining agreement in the offices of the
governor, lieutenant governor, attorney general, secretary of state, state auditor, and state treasurer must be determined by
the governor, lieutenant governor, attorney general, secretary of state, state auditor, and state treasurer, respectively.
(c)
Sec. 13. Minnesota Statutes 1996, section 43A.18, subdivision 5, is amended to read:
Subd. 5. [
(b) Before submitting the recommendations, the
(c) In making recommendations, the
(d) Before the
(e) The
(f) The salary of a newly appointed head of an agency or chair of a metropolitan agency listed in section
Sec. 14. Minnesota Statutes 1996, section 85A.02, subdivision 5a, is amended to read:
Subd. 5a. [EMPLOYEES.] (a) The board shall appoint an administrator who shall serve as the executive secretary and
principal administrative officer of the board and, subject to its approval,
(b) The board may contract with individuals to perform professional services and may contract for the purchases of
necessary species exhibits, supplies, services, and equipment. The board may also contract for the construction and operation
of entertainment facilities on the zoo grounds that are not directly connected to ordinary functions of the zoological garden.
The zoo board
The zoo may not contract for entertainment during the period of the Minnesota state fair that would directly compete with
entertainment at the Minnesota state fair.
Sec. 15. Minnesota Statutes 1996, section 298.22, subdivision 1, is amended to read:
Subdivision 1. (1) The
(2) The commissioner may hold
(3) When the commissioner
Sec. 16. Minnesota Statutes 1996, section 349A.02, subdivision 1, is amended to read:
Subdivision 1. [DIRECTOR.] A state lottery is established under the supervision and control of the director of the state
lottery appointed by the governor with the advice and consent of the senate. The director must be qualified by experience
and training in the operation of a lottery to supervise the lottery. The director serves in the unclassified service. The annual
salary rate authorized for the director is equal to
Sec. 17. [SALARIES OF CONSTITUTIONAL OFFICERS, LEGISLATORS, AND JUDGES.]
(a) The salaries of constitutional officers are increased by 2.5 percent effective July 1, 1997, and by 2.5 percent
effective January 1, 1998.
(b) The salaries of legislators are increased by 5.0 percent effective January 4, 1999.
(c) The salaries of the judges of the supreme court, court of appeals, and district court are increased by 4.0 percent
effective July 1, 1997, and by 4.0 percent effective January 1, 1998.
(d) Effective July 1, 1999, the salaries of judges of the supreme court, court of appeals, and district court are increased
by the average of the general salary adjustments for state employees in fiscal year 1998 provided by negotiated collective
bargaining agreements or arbitration awards ratified by the legislature in the 1998 legislative session.
(e) Effective January 1, 2000, the salaries of judges of the supreme court, court of appeals, and district court are
increased by the average of the general salary adjustments for state employees in fiscal year 1999 provided by negotiated
collective bargaining agreements or arbitration awards ratified by the legislature in the 1998 legislative session.
(f) The commissioner of employee relations shall calculate the average of the general salary adjustments provided by
negotiated collective bargaining agreements or arbitration awards ratified by the legislature in the 1998 legislative session.
Negotiated collective bargaining agreements or arbitration awards that do not include general salary adjustments may not
be included in these calculations. The commissioner shall weight the general salary adjustments by the number of full-time
equivalent employees covered by each agreement or arbitration award. The commissioner shall calculate the average general
salary adjustment for each fiscal year covered by the agreements or arbitration awards. The results of these calculations must
be expressed as percentages, rounded to the nearest one-tenth of one percent. The commissioner shall calculate the new
salaries for the positions listed in paragraphs (d) and (e) using the applicable percentages from the calculations in this
paragraph and report them to the speaker of the house, the president of the senate, the chief justice of the supreme court, and
the governor.
Sec. 18. [PHASE-IN OF SALARY INCREASES.]
(a) Notwithstanding Minnesota Statutes, section 15A.083, subdivision 6a, the salary of an administrative law judge
employed by the office of administrative hearings is 85 percent of the salary of a district court judge effective July 1, 1997.
After June 30, 1998, the salary of an administrative law judge employed by the office of administrative hearings is
governed by Minnesota Statutes, section 15A.083, subdivision 6a. If an employee's current salary exceeds the salary
provided by this subdivision, the employee retains that salary, but may not receive a salary increase until the salary provided
by this section exceeds the employee's current salary.
(b) Notwithstanding Minnesota Statutes, section 15A.083, subdivision 6a, the salary of the assistant chief
administrative law judge and the administrative law judge supervisor in the office of administrative hearings is 90 percent
of the salary of a district court judge effective July 1, 1997. After June 30, 1998, the salary of the assistant chief
administrative law judge and the administrative law judge supervisor is governed by Minnesota Statutes, section 15A.083,
subdivision 6a. If an employee's current salary exceeds the salary provided by this subdivision, the employee retains the
salary, but may not receive a salary increase until the salary provided by this section exceeds the employee's current
salary.
(c) Notwithstanding Minnesota Statutes, section 15A.083, subdivision 7, the salary of compensation judges is 85
percent of the salary of a district court judge effective July 1, 1997. After June 30, 1998, the salary of compensation judges
is governed by Minnesota Statutes, section 15A.083, subdivision 7.
Sec. 19. [REVISOR INSTRUCTION.]
The revisor of statutes shall substitute the reference "section 15A.0815" for each reference to section 15A.081,
subdivisions 1, 7, and 7b, wherever they occur in the next edition of Minnesota Statutes and Minnesota Rules.
Sec. 20. [REPEALER.]
Minnesota Statutes 1996, section
15A.081, subdivisions 1 and 7, are repealed.
Sec. 21. [EFFECTIVE DATES.]
Sections 1 to 20 are effective
July 1, 1997."
Delete the title and insert:
"A bill for an act relating to public administration;
regulating public employee and official compensation; amending Minnesota
Statutes 1996, sections 3.855, subdivision 3; 15A.081, subdivisions 7b, 8, and
9; 15A.083, subdivisions 5, 6a, and 7; 43A.17, subdivisions 1 and 3; 43A.18,
subdivisions 4 and 5; 85A.02, subdivision 5a; 298.22, subdivision 1; and
349A.02, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 15A; repealing Minnesota Statutes 1996, section 15A.081, subdivisions 1
and 7."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which
was referred:
S. F. No. 985, A bill for an act relating to crimes;
driving while impaired; providing criminal penalties for persons operating
recreational vehicles who refuse an alcohol test; increasing criminal penalties,
minimum sentences, and administrative sanctions for persons driving motor
vehicles and operating recreational vehicles with an alcohol concentration of
0.20 or more; providing more severe requirements concerning conditional release
and electronic alcohol monitoring pending trial, alcohol use assessment and
treatment, driver's license revocation, license plate impoundment, and vehicle
forfeiture for persons driving motor vehicles and operating recreational
vehicles with an alcohol concentration of 0.20 or more; authorizing the
imposition of a penalty assessment of up to $1,000 for persons driving motor
vehicles with an alcohol concentration of 0.20 or more; redefining relevant
evidence for operating a motorboat while under the influence of alcohol;
including in the definition of prior DWI offenses, the offense of driving a
commercial vehicle while impaired; authorizing peace officers to stop vehicles
bearing special series license plates; enhancing criminal penalties for repeat
violations involving commercial motor vehicles; clarifying the definition of
commercial vehicle; clarifying that certain revocation period applies only to
first-time DWI offenders; making technical correction allowing the commissioner
of public safety to determine examination required for reinstatement of driving
privileges; providing for petition for reinstatement of commercial driver's
license following disqualification; clarifying applicable requirements for
licensing commercial driver instructors; striking the requirement that a second
chemical test be available to a person accused of driving while impaired; making
various changes to the implied consent hearing process involving what must be
stated in the petition, available discovery, and the scope of the hearing;
extending the period of time that a court may place an offender on probation for
certain gross misdemeanor DWI violations; broadening the permissible uses of
preliminary breath test results obtained in DWI situations; broadening the scope
of the DWI forfeiture law to include certain implied consent license
revocations; accelerating the applicability of the forfeiture law; authorizing
an administrative forfeiture process; requiring courts to notify persons
convicted of DWI offenses of possible vehicle forfeiture and plate impoundment
for future offenses; making various technical changes; amending Minnesota
Statutes 1996, sections 84.91, subdivisions 1, 2, 5, 7, 8, and by adding a
subdivision; 84.911, subdivisions 2, 3, and 6; 84.912, subdivision 1; 86B.331,
subdivisions 1, 2, 4, 5, 6, 7, 8, and by adding a subdivision; 86B.335,
subdivisions 2, 3, 4, and 6; 86B.337, subdivision 1; 97B.066, subdivision 6, and
by adding subdivisions; 168.042, subdivisions 1, 2, 4, 9, and 11, and by adding
a subdivision; 169.01, subdivision 75; 169.121, subdivisions 1, 1c, 2, 3, 3a,
3b, 4, 6, and by adding a subdivision; 169.1211, subdivision 1, and by adding
subdivisions; 169.1217; 169.123, subdivisions 3, 4, and 5c; 169.126, subdivision
1; 169.1261; 171.19; 171.30, by adding a subdivision; 340A.503, subdivision 2;
364.09; 609.135, subdivision 2; and 634.15, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 168; repealing Minnesota Statutes 1996,
section 86B.335, subdivisions 11 and 12.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 84.83,
subdivision 5, is amended to read:
Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of
fines and forfeited bail collected from prosecutions of violations of sections
84.81 to 84.91, and violations of section 169.121 that
involve off-road recreational vehicles, as defined in section 169.01,
subdivision 84, are governed by section 97A.065.
Sec. 2. Minnesota Statutes 1996, section 84.91,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) (c) A person who operates or is
in physical control of a snowmobile or all-terrain vehicle anywhere in this
state or on the ice of any boundary water of this state while under the
influence of alcohol, a controlled substance, or a hazardous substance, is
subject to the provisions of chapter 169 relating to driving while impaired. In
addition to the driver's license sanctions imposed under chapter 169, a person
who is convicted of violating section 169.121 while operating a snowmobile or
all-terrain vehicle, or who refuses to comply with a lawful request to submit to
testing under section 169.123, shall be prohibited from operating the snowmobile
or all-terrain vehicle for a period of one year. The commissioner shall notify
the convicted person of the period during which the person is prohibited from
operating a snowmobile or all-terrain vehicle. The court shall promptly forward
to the commissioner and the department of public safety copies of all
convictions and criminal and civil sanctions imposed under this section and
chapter 169 relating to snowmobiles and all-terrain vehicles.
(d) A person who violates
paragraph (a) or (b), or an ordinance in conformity with either of them, is
guilty of a misdemeanor.
Sec. 3. Minnesota Statutes 1996, section 84.911,
subdivision 7, is amended to read:
Subd. 7. [CORONER TO REPORT DEATH.] Every coroner or
medical examiner shall report in writing to the department of natural resources
the death of any person within the jurisdiction of the coroner or medical
examiner as the result of an accident involving In the case of drivers killed in off-road recreational Sec. 4. Minnesota Statutes 1996, section 84.927,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REVENUE.] Fees from the
registration of all-terrain vehicles and the unrefunded gasoline tax
attributable to all-terrain vehicle use under section 296.16, as well as the net
proceeds from the sale of all-terrain vehicles forfeited pursuant to section Sec. 5. Minnesota Statutes 1996, section 86B.331,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) (c) A person who operates or is
in physical control of a motorboat on the waters of this state while under the
influence of alcohol, a controlled substance, or a hazardous substance, is
subject to the provisions of chapter 169 relating to driving while impaired. In
addition to the driver's license sanctions imposed under chapter 169, a person
who is convicted of violating section 169.121 while operating a motorboat, shall
be prohibited from operating the motorboat on the waters of this state for a
period of 90 days between May 1 and October 31, extending over two consecutive
years if necessary. If the person operating the motorboat refuses to comply with
a lawful demand to submit to testing under section 169.123, the person shall be
prohibited from operating the motorboat for a period of one year. The
commissioner shall notify the convicted person of the period during which the
person is prohibited from operating a motorboat. The court shall promptly
forward to the commissioner and the department of public safety copies of all
convictions and criminal and civil sanctions imposed under this section and
chapter 169 relating to motorboats.
(d) A person who violates
paragraph (a) or (b), or an ordinance in conformity with either of them, is
guilty of a misdemeanor.
Sec. 6. Minnesota Statutes 1996, section 86B.705,
subdivision 2, is amended to read:
Subd. 2. [FINES AND BAIL MONEY.] (a) All fines,
installment payments, and forfeited bail money collected from persons convicted
of violations of this chapter, or of a violation of
section 169.121 involving a motorboat, shall be paid to the county treasurer
of the county where the violation occurred by the court administrator or other
person collecting the money within 15 days after the last day of the month the
money was collected.
(b) One-half of the receipts shall be credited to the
general revenue fund of the county. The other one-half of the receipts shall be
transmitted by the county treasurer to the commissioner of natural resources to
be deposited in the state treasury and credited to the water recreation account
for the purpose of boat and water safety.
Sec. 7. Minnesota Statutes 1996, section 97A.065,
subdivision 2, is amended to read:
Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and
forfeited bail collected from prosecutions of violations of: the game and fish laws (b) The commissioner must reimburse a county, from the
game and fish fund, for the cost of keeping prisoners prosecuted for violations
under this section if the county board, by resolution, directs: (1) the county
treasurer to submit all fines and forfeited bail to the commissioner; and (2)
the county auditor to certify and submit monthly itemized statements to the
commissioner.
(c) The county treasurer shall indicate the amount of
the receipts that are assessments or surcharges imposed under section 609.101
and shall submit all of those receipts to the commissioner. The receipts must be
credited to the game and fish fund to provide peace officer training for persons
employed by the commissioner who are licensed under section 626.84, subdivision
1, clause (c), and who possess peace officer authority for the purpose of
enforcing game and fish laws.
(d) The county treasurer shall submit one-half of the
receipts collected from prosecutions of violations of sections 84.81 to 84.91,
and 169.121, including receipts that are assessments
or surcharges imposed under section 609.101, to the commissioner and credit the
balance to the county general fund. The commissioner shall credit these receipts
to the snowmobile trails and enforcement account in the natural resources fund.
Sec. 8. Minnesota Statutes 1996, section 97B.065,
subdivision 1, is amended to read:
Subdivision 1. [ACTS PROHIBITED.] (a) A person may not
take wild animals with a firearm or by archery:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a
controlled substance, as defined in section 152.01, subdivision 4;
(3) when the person is under the influence of a
combination of any two or more of the elements in clauses (1) (4) when the person's alcohol concentration is (5) when the person's alcohol concentration as measured
within two hours of the time of taking is (6) when the person's alcohol
concentration is 0.04 or more at the time of taking, or as measured within two
hours of the time of taking, if the person is under the age of 21 years at the
time of the violation; or
(7) when the person is
knowingly under the influence of any chemical compound or combination of
chemical compounds that is listed as a hazardous substance in rules adopted
under section 182.655 and that affects the nervous system, brain, or muscles of
the person so as to substantially impair the person's ability to operate a
firearm or bow and arrow.
(b) An owner or other person having charge or control of
a firearm or bow and arrow may not authorize or permit an individual the person
knows or has reason to believe is under the influence of alcohol or a controlled
substance, as provided under paragraph (a), to possess the firearm or bow and
arrow in this state or on a boundary water of this state.
Sec. 9. Minnesota Statutes 1996, section 97B.066,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person
who takes wild animals with a bow or firearm in this state or on a boundary
water of this state is required, subject to the provisions of this section, to
take or submit to a test of the person's blood, breath, or urine for the purpose
of determining the presence and amount of alcohol or a controlled substance. The
test shall be administered at the direction of an officer authorized to make
arrests under section 97B.065, subdivision 2. Taking or submitting to the test
is mandatory when requested by an officer who has probable cause to believe the
person was hunting in violation of section 97B.065, subdivision 1, paragraph
(a), and one of the following conditions exists:
(1) the person has been lawfully placed under arrest for
violating section 97B.065, subdivision 1, paragraph (a);
(2) the person has been involved while hunting in an
accident resulting in property damage, personal injury, or death;
(3) the person has refused to take the preliminary
screening test provided for in section 97B.065, subdivision 3; (4) the screening test was administered and indicated an
alcohol concentration of (5) the screening test was
administered and indicated an alcohol concentration of 0.04 or more, if the
person is under the age of 21 years at the time of the violation.
Sec. 10. Minnesota Statutes 1996, section 97B.066,
subdivision 5, is amended to read:
Subd. 5. [CHEMICAL TESTS.] Chemical tests administered
under this section are governed by section Sec. 11. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 7. [ADMINISTRATIVE
REVIEW.] (a) At any time during the period of
prohibition or revocation imposed under this section, the person may request in
writing a review of the order imposing sanctions under this section. If the
person makes a request for administrative review within 30 days following
receipt of a notice and order imposing sanctions, the request shall stay
imposition of the civil penalty. Upon receiving the request for review, the
commissioner or the commissioner's designee shall review the order, the evidence
upon which the order was based, and other material information brought to the
attention of the commissioner and determine whether sufficient cause exists to
sustain the order.
(b) Within 15 days after
receiving the request, the commissioner shall issue a written report ordering
that the prohibition, revocation, or civil penalty be either sustained or
rescinded. The review provided in this subdivision is not subject to the
contested case provisions of the Administrative Procedure Act under chapter 14.
The availability of administrative review does not have an effect upon the
availability of judicial review under this section.
Sec. 12. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 8. [JUDICIAL REVIEW.]
(a) Within 30 days following receipt of a notice and
order imposing sanctions under this section, a person may petition the court for
review. The petition must be filed with the district court administrator in the
county where the incident occurred giving rise to the test demand and refusal,
together with proof of service of a copy on the commissioner and the prosecuting
authority for misdemeanor offenses for the jurisdiction in which the incident
occurred. A responsive pleading is not required of the commissioner of natural
resources, and court fees may not be charged for the appearance of the
representative of the commissioner in the matter.
(b) The petition must be
captioned in the name of the person making the petition as petitioner and the
commissioner as respondent. The petition must state specifically the grounds
upon which the petitioner seeks rescission of the order imposing sanctions.
(c) The filing of the petition
does not stay the revocation or prohibition against hunting. However, the filing
of a petition stays imposition of the civil penalty. The judicial review shall
be conducted according to the rules of civil procedure.
Sec. 13. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 9. [HEARING.] (a) A hearing under this section must be before a district
court judge in the county where the incident occurred which gave rise to the
test demand and refusal. The hearing must be to the court and may be conducted
at the same time as hearings upon pretrial motions in the criminal prosecution
under section 97B.065. The hearing must be recorded. The commissioner must be
represented by the prosecuting authority for misdemeanor offenses for the
jurisdiction in which the incident occurred which gave rise to the test demand
and refusal.
(b) The hearing must be held at
the earliest practicable date and in any event no later than 60 days following
the filing of the petition for review. The reviewing court may order a temporary
stay of the balance of the prohibition or revocation if the hearing has not been
conducted within 60 days after filing of the petition, upon the application of
the petitioner and upon terms the court deems proper.
(c) The scope of the hearing
must be limited to the issues of:
(1) whether the officer had
probable cause to believe that the person violated section 97B.065;
(2) whether one of the
conditions in subdivision 1 existed;
(3) whether the person was
informed as prescribed in subdivision 3; and
(4) whether the person refused
to submit to testing.
(d) It is an affirmative defense
for the petitioner to prove that, at the time of the refusal, the petitioner's
refusal to permit the test was based upon reasonable grounds.
(e) The court shall order that
the prohibition or revocation be either sustained or rescinded and shall either
sustain or rescind the civil penalty. The court shall forward a copy of the
order to the commissioner.
Sec. 14. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 10. [PAYMENT OF CIVIL
PENALTY.] The civil penalty imposed under subdivision 2
must be paid to the political subdivision that represents the commissioner on
the petition for judicial review or, in the event that a petition is not filed,
to the political subdivision that would have represented the commissioner had a
petition been filed. If a person does not pay the civil penalty, the prohibition
against hunting is automatically extended until the political subdivision
reports to the commissioner in writing that the penalty has been paid.
Sec. 15. Minnesota Statutes 1996, section 97B.066, is
amended by adding a subdivision to read:
Subd. 11. [ENFORCEMENT OF
CIVIL PENALTY.] (a) If a person does not pay the civil
penalty imposed under subdivision 2 within 30 days of the date it was imposed,
the prosecuting authority representing the commissioner may petition the
district court in the county where the incident occurred to file the order
imposing the civil penalty as an order of the court.
(b) Once entered, the order may
be enforced in the same manner as a final judgment of the court. In addition to
the penalty, attorney fees, costs, and interest may be assessed against any
person who fails to pay the civil penalty.
Sec. 16. Minnesota Statutes 1996, section 168.042,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the following terms have the meanings given.
(b) "Violator" means a person who was driving,
operating, or in physical control of the motor vehicle when the violation
occurred.
(c) "Violation" (1) a violation of section
169.121 or 169.123, or a conforming ordinance from this state or a conforming
statute or ordinance from another state, that results in the revocation of a
person's driver's license or driving privileges:
(i) within five years of a prior
impaired driving conviction or a prior license revocation; or
(ii) within 15 years of two or
more prior impaired driving convictions, two or more prior license revocations,
or one prior impaired driving conviction and one prior license revocation, based
on separate incidents;
(2) a violation of section
169.121, subdivision 3, paragraph (c), clause (5);
(3) a violation of section
169.129; and
(4) a violation of section
171.24 by a person whose driver's license or driving privileges have been
canceled under section 171.04, subdivision 1, clause (9).
(d) "Prior impaired driving
conviction" has the meaning given it in section 169.121, subdivision 3.
(e) "Prior license revocation"
has the meaning given it in section 169.121, subdivision 3.
Sec. 17. Minnesota Statutes 1996, section 168.042,
subdivision 2, is amended to read:
Subd. 2. [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The
commissioner shall issue a registration plate impoundment order when The order shall require the impoundment of the
registration plates of the self-propelled motor vehicle involved in the
violation and all self-propelled motor vehicles owned by, registered, or leased
in the name of the violator, including self-propelled motor vehicles registered
jointly or leased in the name of the violator and another. An impoundment order
shall not be issued for the registration plates of a rental vehicle as defined
in section 168.041, subdivision 10, or a vehicle registered in another state.
Sec. 18. Minnesota Statutes 1996, section 168.042,
subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICER AS AGENT FOR NOTICE OF
IMPOUNDMENT.] On behalf of the commissioner, a peace officer issuing a notice of
intent to revoke and of revocation Sec. 19. Minnesota Statutes 1996, section 168.042,
subdivision 9, is amended to read:
Subd. 9. [ADMINISTRATIVE REVIEW.] At any time during the
effective period of an impoundment order, a person may request in writing a
review of the impoundment order by the commissioner. On receiving a request, the
commissioner or the commissioner's designee shall review the order, the evidence
upon which the order was based, and any other material information brought to
the attention of the commissioner, and determine whether sufficient cause exists
to sustain the order. The commissioner shall report in writing the results of
the review within 15 days of receiving the request. The review provided in this
subdivision is not subject to the contested case provisions of the
administrative procedure act in sections 14.01 to 14.69. As a result of this
review, the commissioner may authorize the issuance at no cost of new
registration plates to the registered owner of the vehicle if the registered
owner's license or driving privileges were not revoked Review under this subdivision shall take place, if
possible, at the same time as any administrative review of the person's license
revocation under section 169.123, subdivision 5b.
Sec. 20. Minnesota Statutes 1996, section 168.042,
subdivision 11, is amended to read:
Subd. 11. [RESCISSION OF REVOCATION; DISMISSAL OF
CHARGES OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If:
(1) the driver's license
revocation that is the basis for an impoundment order is rescinded (2) the charges for the
violation have been dismissed with prejudice; or
(3) the violator has been
acquitted of the violation;
then the registrar of motor
vehicles shall issue new registration plates for the vehicle at no cost, when
the registrar receives an application that includes a copy of the order
rescinding the driver's license revocation, the order
dismissing the charges, or the judgment of acquittal. Sec. 21. Minnesota Statutes 1996, section 168.042, is
amended by adding a subdivision to read:
Subd. 11a. [CHARGE FOR
REINSTATEMENT OF REGISTRATION PLATES IN CERTAIN SITUATIONS.] When the registrar of motor vehicles reinstates a person's
registration plates after impoundment for reasons other than those described in
subdivision 11, the registrar shall charge the person $25. Money raised under
this subdivision must be paid into the state treasury and credited to the
highway user tax distribution fund.
Sec. 22. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 84. [OFF-ROAD
RECREATIONAL VEHICLE.] "Off-road recreational vehicle"
means an off-highway motorcycle as defined in section 84.787, subdivision 7;
off-road vehicle as defined in section 84.797, subdivision 7; snowmobile as
defined in section 84.81, subdivision 3; and all-terrain vehicle as defined in
section 84.92, subdivision 8.
Sec. 23. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 85. [MOTORBOAT.] "Motorboat" means a watercraft propelled in any manner by
machinery, including watercraft temporarily equipped with detachable motors.
Sec. 24. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 86. [DRUG RECOGNITION
EVALUATION.] "Drug recognition evaluation" means the
systematic, standardized, investigative procedure defined by the National
Highway Traffic Safety Administration that is used to determine whether a driver
is impaired, whether the impairment relates to drugs or a medical condition and,
if drug-related, the categories of drugs likely to have caused the
impairment.
Sec. 25. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 87. [DRUG RECOGNITION
EXPERT.] "Drug recognition expert" means a peace officer
who is certified by the International Association of Chiefs of Police to conduct
drug recognition evaluations.
Sec. 26. Minnesota Statutes 1996, section 169.121,
subdivision 1, is amended to read:
Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime
for any person to drive, operate, or be in physical control of any motor vehicle
within this state or upon the ice of any boundary water of this state under any
of the following circumstances:
(a) when the person is under the influence of alcohol;
(b) when the person is under the influence of a
controlled substance;
(c) when the person is under the influence of a
combination of any two or more of the elements named in clauses (a), (b), and (d) when the person's alcohol concentration is (e) when the person's alcohol concentration as measured
within two hours of the time of driving, operating, or being in physical control
of the motor vehicle is (f) when the person's alcohol
concentration is 0.04 or more but less than 0.20 at the time of driving,
operating, or being in physical control of the motor vehicle, or as measured
within two hours of the time of driving, operating, or being in physical control
of the motor vehicle, if the person is under the age of 21 years at the time of
the violation;
(g) when the person's alcohol
concentration at the time, or as measured within two hours of the time, of
driving, operating, or being in physical control of the motor vehicle is 0.20 or
more;
(h) when the person is
knowingly under the influence of a hazardous substance that affects the nervous
system, brain, or muscles of the person so as to substantially impair the
person's ability to drive or operate the motor vehicle; or
Sec. 27. Minnesota Statutes 1996, section 169.121,
subdivision 1c, is amended to read:
Subd. 1c. [CONDITIONAL RELEASE.] (a) Unless maximum bail is imposed under section 629.471,
subdivision 2, a person charged with a crime listed in this paragraph may be
released from detention only if the person agrees to abstain from alcohol and
submit to a program of electronic alcohol monitoring involving at least daily
measurements of the person's alcohol concentration pending resolution of the
charge. This paragraph applies only when electronic alcohol monitoring equipment
is available to the court and only when a person is charged with:
(1) a violation of subdivision 1
or 1a within five years of two prior impaired driving convictions, or within ten
years of three or more prior impaired driving convictions;
(2) a violation of subdivision 1
or 1a, if the person is under the age of 19 years;
(3) a violation of subdivision 1
or 1a, while the person's driver's license or driving privileges have been
canceled under section 171.04, subdivision 1, clause (9);
(4) a violation of subdivision
1, clause (g); or
(5) a violation of section
169.129.
If the defendant is convicted of
the charged offense, the court may require partial or total reimbursement from
the person for the cost of the electronic alcohol monitoring.
(b) Unless maximum bail is
imposed under section 629.471, subdivision 2, a person charged with violating
subdivision 1 or 1a within ten years of the first of
three prior impaired driving convictions or within the person's lifetime after
four or more prior impaired driving convictions may be released from detention
only if the following conditions are imposed in addition to the condition imposed in paragraph (a), if applicable, and
any other conditions of release ordered by the court:
(1) the impoundment of the registration plates of the
vehicle used to commit the violation, unless already impounded;
(2) if the vehicle used to
commit the violation was an off-road recreational vehicle or a motorboat, the
impoundment of the off-road recreational vehicle or motorboat;
(3) a requirement that the
alleged violator report weekly to a probation agent;
(c) For purposes of this
subdivision, "prior impaired driving conviction" has the meaning given in
subdivision 3.
Sec. 28. Minnesota Statutes 1996, section 169.121,
subdivision 2, is amended to read:
Subd. 2. [EVIDENCE.] (a) Upon the trial of any
prosecution arising out of acts alleged to have been committed by any person
arrested for driving, operating, or being in physical control of a motor vehicle
in violation of subdivision 1, the court may admit evidence of the presence or
amount of alcohol, controlled substances, or hazardous substances in the
person's blood, breath, or urine as shown by an analysis of those items.
(b) For the purposes of this subdivision, evidence that
there was at the time an alcohol concentration of 0.04 or more is relevant
evidence in indicating whether or not the person was under the influence of
alcohol.
(c) Evidence of the refusal to take a test is admissible
into evidence in a prosecution under this section or an ordinance in conformity
with it.
(d) If proven by a preponderance of the evidence, it
shall be an affirmative defense to a violation of subdivision 1, clause (e), (f), or (g), that the defendant consumed a sufficient
quantity of alcohol after the time of actual driving, operating, or physical
control of a motor vehicle and before the administration of the evidentiary test
to cause the defendant's alcohol concentration to exceed (e) If proven by a preponderance of the evidence, it
shall be an affirmative defense to a violation of subdivision 1, clause (f) The preceding provisions do not limit the
introduction of any other competent evidence bearing upon the question of
whether the person violated this section, including tests obtained more than two
hours after the alleged violation and results obtained from partial tests on an
infrared breath-testing instrument. A result from a partial test is the
measurement obtained by analyzing one adequate breath sample, as defined in
section 169.123, subdivision 2b, paragraph (b).
Sec. 29. Minnesota Statutes 1996, section 169.121,
subdivision 3, is amended to read:
Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this (1) "Prior impaired driving conviction" means a prior
conviction under:
(i) this section; Minnesota Statutes 1996, section 84.91, subdivision 1,
paragraph (a) (ii) section 609.21,
subdivision 1, clauses (2) to (6); (iii) an ordinance from this
state, or a statute or ordinance from another state,
in conformity with any A prior impaired driving conviction also includes a
prior juvenile adjudication that would have been a prior impaired driving
conviction if committed by an adult (2) "Prior license revocation" means a driver's license
suspension, revocation, (i) this section (ii) section 609.21,
subdivision 1, clauses (2) to (6); (iii) an ordinance from this
state, or a statute or ordinance from another state,
in conformity with any "Prior license revocation" also
means the revocation of snowmobile or all-terrain vehicle operating privileges
under section 84.911, or motorboat operating privileges under section 86B.335,
for violations that occurred on or after August 1, 1995.
(b) A person who violates subdivision 1, clause (a), (b), (c), (d), (e), (f), (h), or (i), or
subdivision 1a, or an ordinance in conformity with
(c) A person is guilty of a gross misdemeanor under any
of the following circumstances:
(1) the person violates subdivision 1, clause (g);
(2) the person violates
subdivision 1, clause (a), (b), (c), (d), (e), (f), (h), or (i), within five
years of a prior impaired driving conviction A person convicted of a gross
misdemeanor under this paragraph is subject to the mandatory penalties provided
in subdivision 3d.
(d) A person is guilty of an
enhanced gross misdemeanor under any of the following circumstances:
(1) the person violates
subdivision 1, clause (g), or commits a violation described in paragraph (c),
clause (4) or (5), within ten years of a prior impaired driving conviction, or
within ten years of the first of two prior impaired driving convictions;
(2) the person violates
subdivision 1, clause (a), (b), (c), (d), (e), (f), (h), or (i), within ten
years of the first of two or more prior impaired driving convictions; or
(3) the person violates
subdivision 1a within ten years of the first of two or more prior impaired
driving convictions, two or more prior license revocations, or any combination
of two or more prior impaired driving convictions and prior license revocations,
based on separate incidents.
A person convicted of an
enhanced gross misdemeanor under this paragraph may be sentenced to imprisonment
in a local correctional facility for not more than two years or to payment of a
fine of not more than $3,000, or both. Additionally, the person is subject to
the applicable mandatory penalties provided in subdivision 3e.
(g) When the court stays the
sentence of a person convicted under this section, the length of the stay is
governed by section 609.135, subdivision 2.
Sec. 30. Minnesota Statutes 1996, section 169.121,
subdivision 3b, is amended to read:
Subd. 3b. [ (1) subdivision 1, (2) subdivision 1, clause (a),
(b), (c), (d), (e), (f), (h), or (i), subdivision 1a, section 169.129, an
ordinance in conformity with any of them, or a statute or ordinance from another
state in conformity with any of them (i) within five years of (ii) within ten years Sec. 31. Minnesota Statutes 1996, section 169.121,
subdivision 3c, is amended to read:
Subd. 3c. [NOTICE OF ENHANCED PENALTIES.] When a court
sentences a person for a Sec. 32. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 3d. [GROSS
MISDEMEANORS; MANDATORY PENALTIES.] (a) The mandatory
penalties in this subdivision apply to persons convicted of a gross misdemeanor
under subdivision 3, paragraph (c), or section 169.129.
(b) A person who is convicted of
a gross misdemeanor under subdivision 3, paragraph (c), or is convicted of a
gross misdemeanor violation of section 169.129 within five years of a prior
impaired driving conviction or prior license revocation, must be sentenced to a
minimum of 30 days imprisonment, at least 48 hours of which must be served
consecutively, or to eight hours of community work service for each day less
than 30 days that the person is ordered to serve in jail. Notwithstanding
section 609.135, the above sentence must be executed, unless the court departs
from the mandatory minimum sentence under paragraph (c) or (d).
(c) Prior to sentencing, the
prosecutor may file a motion to have the defendant sentenced without regard to
the mandatory minimum sentence established by this subdivision. The motion must
be accompanied by a statement on the record of the reasons for it. When
presented with the prosecutor's motion and if it finds that substantial
mitigating factors exist, the court shall sentence the defendant without regard
to the mandatory minimum sentence established by this subdivision.
(d) The court may, on its own
motion, sentence the defendant without regard to the mandatory minimum sentence
established by this subdivision if it finds that substantial mitigating factors
exist and if its sentencing departure is accompanied by a statement on the
record of the reasons for it. The court also may sentence the defendant without
regard to the mandatory minimum sentence established by this subdivision if the
defendant is sentenced to probation and ordered to participate in a program
established under section 169.1265.
(e) When any portion of the
sentence required by this subdivision is not executed, the court should impose a
sentence that is proportional to the extent of the offender's prior criminal and
moving traffic violation record. Any sentence required under this subdivision
must include a mandatory sentence that is not subject to suspension or a stay of
imposition or execution, and that includes incarceration for not less than 48
consecutive hours or at least 80 hours of community work service.
Sec. 33. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 3e. [ENHANCED GROSS
MISDEMEANORS; MANDATORY PENALTIES.] (a) The mandatory
penalties in this subdivision apply to persons who are convicted of an enhanced
gross misdemeanor under subdivision 3, paragraph (d), or section 169.129.
Notwithstanding section 609.135, these penalties must be imposed and
executed.
(b) A person who is convicted of
an enhanced gross misdemeanor under the circumstances described in subdivision
3, paragraph (d), clause (1), shall be sentenced as follows:
(1) if the person has one prior
impaired driving conviction within the past ten years, the person must be
sentenced to a minimum of 90 days of incarceration, at least 30 days of which
must be served consecutively in a local correctional facility. The court may
order that the person serve not more than 60 days of this minimum penalty on
home detention or in an intensive probation program described in section
169.1265;
(2) if the person has two prior
impaired driving convictions within the past ten years, the person must be
sentenced to a minimum of 180 days of incarceration, at least 30 days of which
must be served consecutively in a local correctional facility. The court may
order that the person serve not more than 150 days of this minimum penalty on
home detention or in an intensive probation program described in section
169.1265; or
(3) if the person has three
prior impaired driving convictions within the past 15 years, or four or more
prior impaired driving convictions within the person's lifetime, the person must
be sentenced to a minimum of one year of incarceration, at least 60 days of
which must be served consecutively in a local correctional facility. The court
may order that the person serve the remainder of this minimum penalty on
intensive probation using an electronic monitoring system or, if such a system
is unavailable, on home detention.
(c) A person who is convicted of
an enhanced gross misdemeanor under the circumstances described in subdivision
3, paragraph (d), clause (2) or (3), or under section 169.129, shall be
sentenced as follows:
(1) if the person has two prior
impaired driving convictions, two prior license revocations, or a combination of
the two, within the past ten years, the person must be sentenced to a minimum of
90 days incarceration, at least 30 days of which must be served consecutively in
a local correctional facility. The court may order that the person serve not
more than 60 days of this minimum penalty on home detention or in an intensive
probation program described in section 169.1265;
(2) if the person has three
prior impaired driving convictions, three prior license revocations, or a
combination of the two, within the past ten years, the person must be sentenced
to a minimum of 180 days of incarceration, at least 30 days of which must be
served consecutively in a local correctional facility. The court may order that
the person serve not more than 150 days of this minimum penalty on home
detention or in an intensive probation program described in section 169.1265;
or
(3) if the person has four prior
impaired driving convictions within the past 15 years, or five or more prior
impaired driving convictions within the person's lifetime, the person must be
sentenced to a minimum of one year of incarceration, at least 60 days of which
must be served consecutively in a local correctional facility. The court may
order that the person serve the remainder of this minimum penalty on intensive
probation using an electronic monitoring system or, if such a system is
unavailable, on home detention.
Sec. 34. Minnesota Statutes 1996, section 169.121, is
amended by adding a subdivision to read:
Subd. 3f. [LONG-TERM
MONITORING.] (a) This subdivision applies to a person
convicted of:
(1) a violation of subdivision 1
or 1a within five years of two prior impaired driving convictions, or within ten
years of three or more prior impaired driving convictions;
(2) a violation of subdivision 1
or 1a, if the person is under the age of 19 years;
(3) a violation of subdivision 1
or 1a, while the person's driver's license or driving privileges have been
canceled under section 171.04, subdivision 1, clause (9); or
(4) a violation of section
169.129.
(b) When the court sentences a
person described in paragraph (a) to a stayed sentence and when electronic
monitoring equipment is available to the court, the court shall require that the
person participate in a program of electronic alcohol monitoring in addition to
any other conditions of probation or jail time it imposes. During the first
one-third of the person's
probationary term, the electronic alcohol monitoring
must be continuous and involve measurements of the person's alcohol at least
three times a day. During the remainder of the person's probationary term, the
electronic alcohol monitoring may be intermittent, as determined by the court.
The court may require partial or total reimbursement from the person for the
cost of the electronic alcohol monitoring. (c) If the person has been
convicted of violating subdivision 1 or 1a within ten years of three or more
prior impaired driving convictions, the court shall hold a hearing every six
months to review the defendant's conditions of probation and to determine
whether the conditions should be changed. The hearing shall be conducted in
accordance with section 609.14, except that the notice of the hearing sent under
section 609.14, subdivision 2, need not specify grounds for probation
revocation.
(d) For purposes of this
subdivision, "prior impaired driving conviction" has the meaning given in
subdivision 3.
Sec. 35. Minnesota Statutes 1996, section 169.121,
subdivision 4, is amended to read:
Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The
commissioner of public safety shall revoke the driver's license of a person
convicted of violating this section or an ordinance in conformity with it as
follows:
(1) for an offense under subdivision 1 (2) for an offense under subdivision 1a (3) for an offense occurring within five years after a
prior impaired driving conviction or a prior license revocation, or any time
after two or more prior impaired driving convictions,
two or more prior license revocations, or a prior impaired driving conviction and a prior
license revocation, based on separate incidents:
(i) if the current conviction is for a violation of
subdivision 1, not less than 180 days and until the court has certified that
treatment or rehabilitation has been successfully completed where prescribed in
accordance with section 169.126; or
(ii) if the current conviction is for a violation of
subdivision 1a, not less than one year and until the court has certified that
treatment or rehabilitation has been successfully completed where prescribed in
accordance with section 169.126;
(4) for (5) for a violation of
subdivision 1, clause (a), (b), (c), (d), (e), (f), (h), or (i), or subdivision
1a, within five years after the first of two prior impaired driving
convictions (7) for a violation of
subdivision 1, clause (a), (b), (c), (d), (e), (f), (h), or (i), or subdivision
1a, any time after three or more prior impaired driving convictions, three or more prior
license revocations (b) If the person convicted of violating this section (c) For purposes of this subdivision, a juvenile
adjudication under this section, section 169.129, an ordinance in conformity
with either of them, or a statute or ordinance from another state in conformity
with either of them is an offense.
(d) Whenever department records show that the violation
involved personal injury or death to any person, not less than 90 additional
days shall be added to the base periods provided above.
(e) Except for a person whose license has been revoked
under paragraph (b), and except for a person who commits a violation described
in subdivision 1, clause (g), or subdivision 3,
paragraph (c), clause Sec. 36. Minnesota Statutes 1996, section 169.121,
subdivision 6, is amended to read:
Subd. 6. [PRELIMINARY SCREENING TEST.] (a) When a peace
officer has reason to believe from the manner in which a person is driving,
operating, controlling, or acting upon departure from a motor vehicle, or has
driven, operated, or controlled a motor vehicle, that the driver may be
violating or has violated subdivision 1 or section 169.1211, the officer may
require the driver to provide a sample of the driver's breath for a preliminary
screening test using a device approved by the commissioner of public safety for
this purpose.
(b) The results of this preliminary screening test shall
be used for the purpose of deciding whether an arrest should be made and whether
to require the tests authorized in section 169.123, but shall not be used in any
court action except the following:
(1) to prove that a test was properly required of a
person pursuant to section 169.123, subdivision 2;
(2) to prove the element of
probable cause in a criminal prosecution for a violation of subdivision 1a;
(3) in a civil action
arising out of the operation or use of the motor vehicle;
(6) in a prosecution under
section 169.1211, subdivision 1, paragraph (b), or 171.30; or
(7) in a prosecution for a
violation of a restriction on a driver's license under section 171.09, which
provides that the license holder may not use or consume any amount of alcohol or
a controlled substance.
(c) Following the screening test additional tests may be
required of the driver pursuant to the provisions of section 169.123.
(d) The driver who refuses to furnish a sample of the
driver's breath is subject to the provisions of section 169.123 unless, in
compliance with section 169.123, the driver submits to a blood, breath or urine
test to determine the presence or amount of alcohol, controlled substances, or
hazardous substances.
Sec. 37. Minnesota Statutes 1996, section 169.121,
subdivision 11, is amended to read:
Subd. 11. [APPLICABILITY TO RECREATIONAL VEHICLES.] For
purposes of this section and section 169.123, "motor vehicle" Sec. 38. Minnesota Statutes 1996, section 169.1211,
subdivision 1, is amended to read:
Subdivision 1. [ (1) when the person's alcohol concentration is 0.04 or
more but less than 0.20; (2) when the person's alcohol concentration as measured
within two hours of the time of driving, operating, or
being in physical control of the commercial motor vehicle is 0.04 or more but less than 0.20; or
(3) when the person's alcohol
concentration at the time, or as measured within two hours of the time, of
driving, operating, or being in physical control of the commercial motor vehicle
is 0.20 or more.
(b) It is a crime for any person
to drive, operate, or be in physical control of any class of school bus or Head
Start bus within this state or upon the ice of any boundary water of this state
when there is physical evidence present in the person's body of the consumption
of any alcohol.
Sec. 39. Minnesota Statutes 1996, section 169.1211, is
amended by adding a subdivision to read:
Subd. 3a. [CRIMINAL
PENALTY.] (a) Except as otherwise provided in paragraph
(b), a person who violates subdivision 1, or an ordinance in conformity with it,
is guilty of a misdemeanor.
(b) A person who violates
subdivision 1, paragraph (a), clause (3), is guilty of a gross misdemeanor.
Sec. 40. Minnesota Statutes 1996, section 169.1217, is
amended to read:
169.1217 [VEHICLE FORFEITURE FOR Subdivision 1. [DEFINITIONS.] As used in this section,
the following terms have the meanings given them:
(a) "Appropriate agency" means a law enforcement agency
that has the authority to make an arrest for a (b) "Designated license
revocation" includes a license revocation under section 169.123:
(1) within five years of two
prior impaired driving convictions, two prior license revocations, or any
combination of two prior impaired driving convictions and prior license
revocations, based on separate incidents; or
(2) within 15 years of the first
of three or more prior impaired driving convictions, three or more prior license
revocations, or any combination of three or more prior impaired driving
convictions and prior license revocations, based on separate incidents.
(c) "Designated offense"
includes a violation of:
(1) section 169.121 Subd. 2. [SEIZURE.] A motor vehicle subject to
forfeiture under this section may be seized by the appropriate agency upon
process issued by any court having jurisdiction over the vehicle. Property may
be seized without process if:
(1) the seizure is incident to a lawful arrest or a
lawful search;
(2) the vehicle subject to seizure has been the subject
of a prior judgment in favor of the state in a criminal injunction or forfeiture
proceeding under this section; or
(3) the appropriate agency has probable cause to believe
that the delay occasioned by the necessity to obtain process would result in the
removal or destruction of the vehicle. If property is seized without process
under this clause Subd. 3. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY
OF SEIZED VEHICLE.] All right, title, and interest in a vehicle subject to
forfeiture under this section vests in the appropriate agency upon commission of
the conduct resulting in the designated offense or designated license revocation giving rise to the
forfeiture. Any vehicle seized under this section is not subject to replevin,
but is deemed to be in the custody of the appropriate agency subject to the
orders and decrees of the court having jurisdiction over the forfeiture
proceedings. When a vehicle is so seized, the appropriate agency may:
(1) place the vehicle under seal;
(2) remove the vehicle to a place designated by it;
(3) place a disabling device on the vehicle; and
(4) take other steps reasonable and necessary to secure
the vehicle and prevent waste.
Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of
a vehicle that has been seized under this section seeks possession of the
vehicle before the forfeiture action is determined, the owner may, subject to
the approval of the appropriate agency, give security or post bond payable to
the appropriate agency in an amount equal to the retail value of the seized
vehicle. On posting the security or bond, the seized vehicle may be returned to
the owner only if a disabling device is attached to the vehicle. The forfeiture
action shall proceed against the security as if it were the seized vehicle.
Subd. 5. [EVIDENCE.] Certified copies of court records and motor vehicle and driver's license records concerning prior impaired driving convictions and prior license
revocations are admissible as substantive evidence where necessary to prove the
commission of a designated offense or the occurrence of
a designated license revocation.
Subd. 6. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor
vehicle is subject to forfeiture under this section if it was used in the
commission of a designated offense or was used in
conduct resulting in a designated license revocation.
Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.]
(a) A vehicle is subject to forfeiture under this section only if:
(1) the driver is convicted of the designated offense
upon which the forfeiture is based; (2) the driver fails to appear with respect to the
designated offense charge in violation of section 609.49; or
(3) the driver's conduct results
in a designated license revocation and the driver either fails to seek
administrative or judicial review of the revocation in a timely manner as
required by section 169.123, subdivision 5b or 5c, or the revocation is
sustained under section 169.123, subdivision 5b or 6.
(b) A vehicle encumbered by a bona fide security
interest, or subject to a lease that has a term of 180 days or more, is subject
to the interest of the secured party or lessor unless the party or lessor had
knowledge of or consented to the act upon which the forfeiture is based.
(c) Notwithstanding paragraph (b), the secured party's
or lessor's interest in a vehicle is not subject to forfeiture based solely on
the secured party's or lessor's knowledge of the act or omission upon which the
forfeiture is based if the secured party or lessor took reasonable steps to
terminate use of the vehicle by the offender.
(d) A motor vehicle is subject to forfeiture under this
section only if its owner knew or should have known of the unlawful use or
intended use.
(e) A vehicle subject to a security interest, based upon
a loan or other financing arranged by a financial institution, is subject to the
interest of the financial institution.
Subd. 7a. [ADMINISTRATIVE
FORFEITURE PROCEDURE.] (a) A motor vehicle used to
commit a designated offense or used in conduct resulting in a designated license
revocation is subject to administrative forfeiture under this subdivision.
(b) When a motor vehicle is
seized under subdivision 2, the appropriate agency shall serve the driver or
operator of the vehicle with a notice of the seizure and intent to forfeit the
vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or
within a reasonable time after that, all persons known to have an ownership or
possessory interest in the vehicle must be notified of the seizure and the
intent to forfeit the vehicle. Notice mailed by certified mail to the address
shown in department of public safety records is sufficient notice to the
registered owner of the vehicle. Otherwise, notice may be given in the manner
provided by law for service of a summons in a civil action.
(c) The notice must be in
writing and contain:
(1) a description of the vehicle
seized;
(2) the date of seizure; and
(3) notice of the right to
obtain judicial review of the forfeiture and of the procedure for obtaining that
judicial review, printed in English, Hmong, and Spanish. Substantially the
following language must appear conspicuously: "IF YOU DO NOT DEMAND JUDICIAL
REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA STATUTES, SECTION 169.1217,
SUBDIVISION 7a, YOU LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS
FORFEITURE AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.
YOU MAY NOT HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE IF THE PROPERTY
IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM IN CONCILIATION COURT."
(d) Within 60 days following
service of a notice of seizure and forfeiture under this subdivision, a claimant
may file a demand for a judicial determination of the forfeiture. The demand
must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof
of service of a copy of the complaint on the prosecuting authority having
jurisdiction over the forfeiture, and the standard filing fee for civil actions
unless the petitioner has the right to sue in forma pauperis under section
563.01. If the value of the seized property is less than $500, the claimant may
file an action in conciliation court for recovery of the seized vehicle without
paying the conciliation court filing fee. No responsive pleading is required of
the prosecuting authority and no court fees may be charged for the prosecuting
authority's appearance in the matter. The proceedings are governed by the rules
of civil procedure.
(e) The complaint must be
captioned in the name of the claimant as plaintiff and the seized vehicle as
defendant, and must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized and the plaintiff's interest in the
vehicle seized. Notwithstanding any law to the contrary, an action for the
return of a vehicle seized under this section may not be maintained by or on
behalf of any person who has been served with a notice of seizure and forfeiture
unless the person has complied with this subdivision.
(f) If the claimant makes a
timely demand for a judicial determination under this subdivision, the
appropriate agency must conduct the forfeiture under subdivision 8.
(g) If a demand for judicial
determination of an administrative forfeiture is filed under this subdivision
and the court orders the return of the seized vehicle, the court shall order
that filing fees be reimbursed to the person who filed the demand. In addition,
the court may order the payment of reasonable costs, expenses, and attorney fees
under section 549.21, subdivision 2.
Subd. 8. [JUDICIAL
FORFEITURE PROCEDURE.] (a) This subdivision governs
judicial determinations of the forfeiture of a motor vehicle used to commit
a designated offense (b) A separate complaint shall be filed against the
vehicle, describing it, Subd. 9. [DISPOSITION OF FORFEITED VEHICLES.] (a) If the vehicle is administratively forfeited under subdivision
7a, or if the court finds under subdivision 8 that the vehicle is subject to
forfeiture under subdivisions 6 and 7, (1) sell the vehicle and distribute the proceeds under
paragraph (b); or
(2) keep the vehicle for official use. If the agency
keeps a forfeited motor vehicle for official use, it shall make reasonable
efforts to ensure that the motor vehicle is available for use by the agency's
officers who participate in the drug abuse resistance education program.
(b) Except as otherwise provided
in paragraph (c), the proceeds from the sale of forfeited vehicles, after
payment of seizure, storage, forfeiture, and sale expenses, and satisfaction of
valid liens against the property, must be forwarded to the (c) The proceeds from the sale
of forfeited off-road recreational vehicles and motorboats, after payment of
seizure, storage, forfeiture, and sale expenses, and satisfaction of valid liens
against the property, must be forwarded to the state treasury and credited to
the following funds:
(1) if the forfeited vehicle is
a motorboat, the net proceeds must be credited to the water recreation account
in the natural resources fund;
(2) if the forfeited vehicle is
a snowmobile, the net proceeds must be credited to the snowmobile trails and
enforcement account in the natural resources fund;
(3) if the forfeited vehicle is
an all-terrain vehicle, the net proceeds must be credited to the all-terrain
vehicle account in the natural resources fund;
(4) if the forfeited vehicle is
an off-highway motorcycle, the net proceeds must be credited to the off-highway
motorcycle account in the natural resources fund;
(5) if the forfeited vehicle is
an off-road vehicle, the net proceeds must be credited to the off-road vehicle
account in the natural resources fund; and
(6) if otherwise, the net
proceeds must be credited to the general fund.
Sec. 41. Minnesota Statutes 1996, section 169.1218, is
amended to read:
169.1218 [UNDERAGE DRINKING AND DRIVING.]
(a) It is a misdemeanor for a person under the age of 21
years to drive or operate a motor vehicle while consuming alcoholic beverages,
or after having consumed alcoholic beverages while there is physical evidence of
the consumption present in the person's body.
(b) When a person is found to have committed an offense
under paragraph (a), the court shall notify the commissioner of public safety of
its determination. Upon receipt of the court's determination, the commissioner
shall suspend the person's driver's license or operating privileges for 30 days,
or for 180 days if the person has previously been found to have violated
paragraph (a) or a statute or ordinance in conformity with paragraph (a).
(c) If the person's conduct violates section 169.121,
subdivision 1 or 1a, or 169.1211, the penalties and
license sanctions in those laws apply instead of the license sanction in
paragraph (b).
(d) An offense under paragraph (a) may be prosecuted
either in the jurisdiction where consumption occurs or the jurisdiction where
evidence of consumption is observed.
Sec. 42. Minnesota Statutes 1996, section 169.123,
subdivision 1, is amended to read:
Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of
this section, section 169.121, and section 169.1211, the term peace officer
means (1) a state patrol officer, (2) University of Minnesota peace officer, (3) a constable as defined in section 367.40,
subdivision 3, Sec. 43. Minnesota Statutes 1996, section 169.123,
subdivision 2, is amended to read:
Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF
TEST.] (a) Any person who drives, operates, or is in physical control of a motor
vehicle within this state or upon the ice of any boundary water of this state
consents, subject to the provisions of this section and sections 169.121 and
169.1211, to a chemical test of that person's blood, breath, or urine for the
purpose of determining the presence of alcohol, controlled substances, or
hazardous substances. The test shall be administered at the direction of a peace
officer. The test may be required of a person when an officer has probable cause
to believe the person was driving, operating, or in physical control of a motor
vehicle in violation of section 169.121 and one of the following conditions
exist:
(1) the person has been lawfully placed under arrest for
violation of section 169.121, or an ordinance in conformity with it;
(2) the person has been involved in a motor vehicle
accident or collision resulting in property damage, personal injury, or death;
(3) the person has refused to take the screening test
provided for by section 169.121, subdivision 6; (4) the screening test was administered and indicated an
alcohol concentration of (5) the screening test was
administered and indicated an alcohol concentration of 0.04 or more, if the
person is under the age of 21 years at the time of the violation.
The test may also be required of a person when an
officer has probable cause to believe the person was driving, operating, or in
physical control of a commercial motor vehicle with the presence of any alcohol.
(b) At the time a test is requested, the person shall be
informed:
(1) that Minnesota law requires the person to take a
test: (i) to determine if the person is under the influence of alcohol,
controlled substances, or hazardous substances; (ii) to determine the presence
of a controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols; and (iii) if the motor vehicle was a commercial motor
vehicle, to determine the presence of alcohol;
(2) that refusal to take a test is a crime;
(3) if the peace officer has probable cause to believe
the person has violated the criminal vehicular homicide and injury laws, that a
test will be taken with or without the person's consent; and
(4) that the person has the right to consult with an
attorney, but that this right is limited to the extent that it cannot
unreasonably delay administration of the test.
(c) The peace officer who requires a test pursuant to
this subdivision may direct whether the test shall be of blood, breath, or
urine. Action may be taken against a person who refuses to take a blood test
only if an alternative test was offered and action may be taken against a person
who refuses to take a urine test only if an alternative test was offered.
Sec. 44. Minnesota Statutes 1996, section 169.123,
subdivision 3, is amended to read:
Subd. 3. [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a)
Only a physician, medical technician, physician's trained mobile intensive care
paramedic, registered nurse, medical technologist or laboratory assistant acting
at the request of a peace officer may withdraw blood for the purpose of
determining the presence of alcohol, controlled substances, or hazardous
substances. This limitation does not apply to the taking of a breath or urine
sample. (b) Sec. 45. Minnesota Statutes 1996, section 169.123,
subdivision 4, is amended to read:
Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a
person refuses to permit a test, none shall be given, but the peace officer
shall report the refusal to the commissioner of public safety and the authority
having responsibility for prosecution of misdemeanor offenses for the
jurisdiction in which the acts occurred. However, if a peace officer has
probable cause to believe that the person has violated section 609.21, a test
may be required and obtained despite the person's refusal. A refusal to submit
to an alcohol concentration test does not constitute a violation of section
609.50, unless the refusal was accompanied by force or violence or the threat of
force or violence.
(b) If a person submits to a test (1) an alcohol concentration
of (2) an alcohol concentration of
0.04 or more, if the person is under the age of 21 years at the time of the
violation;
(3) an alcohol concentration of
0.04 or more, if the person was driving, operating, or in physical control of a
commercial motor vehicle at the time of the violation; or
(4) the presence of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols (c) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169.121 and that the
person refused to submit to a test, the commissioner of public safety shall
revoke the person's license or permit to drive, or nonresident operating
privilege, for a period of one year even if a test was obtained pursuant to this
section after the person refused to submit to testing.
(d) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving, operating, or in
physical control of a commercial motor vehicle with the presence of any alcohol
in violation of section 169.121 or 169.1211, and that the person refused to
submit to a test, the commissioner shall disqualify the person from operating a
commercial motor vehicle for a period of one year under section 171.165 and
shall revoke the person's license or permit to drive or nonresident operating
privilege for a period of one year.
(e) Upon certification by the peace officer that there
existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169.121 and that the person submitted to a test and the
test results indicate: an alcohol concentration of
then the commissioner of
public safety shall revoke the person's license or permit to drive, or
nonresident operating privilege:
(1) for a period of 90 days; or
(2) if the person is under the age of 21 years, for a
period of six months; or
(3) for a person with a prior impaired driving
conviction or prior license revocation within the past five years, for a period
of 180 days.
(f) On certification by the peace officer that there
existed probable cause to believe the person had been driving, operating, or in
physical control of a commercial motor vehicle with any presence of alcohol and
that the person submitted to a test and the test results indicated an alcohol
concentration of 0.04 or more, the commissioner of public safety shall
disqualify the person from operating a commercial motor vehicle under section
171.165.
(g) If the person is a resident without a license or
permit to operate a motor vehicle in this state, the commissioner of public
safety shall deny to the person the issuance of a license or permit for the same
period after the date of the alleged violation as provided herein for
revocation, subject to review as hereinafter provided.
(h) As used in this subdivision, the terms "prior
impaired driving conviction" and "prior license revocation" have the meanings
given in section 169.121, subdivision 3, paragraph (a).
Sec. 46. Minnesota Statutes 1996, section 169.123,
subdivision 5a, is amended to read:
Subd. 5a. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On
behalf of the commissioner of public safety, a peace officer requiring a test or
directing the administration of a chemical test shall serve immediate notice of
intention to revoke and of revocation on a person who refuses to permit a test
or on a person who submits to a test the results of which indicate:
(1) an alcohol concentration
of (2) an alcohol concentration of
0.04 or more, if the person is under the age of 21 years at the time of the
violation.
(b) On behalf of the commissioner of public safety, a
peace officer requiring a test or directing the administration of a chemical
test of a person driving, operating, or in physical control of a commercial
motor vehicle shall serve immediate notice of intention to disqualify and of
disqualification on a person who refuses to permit a test, or on a person who
submits to a test the results of which indicate an alcohol concentration of 0.04
or more.
(c) The officer shall either:
(1) take the driver's license or permit, if any, send it
to the commissioner of public safety along with the certificate required by
subdivision 4, and issue a temporary license effective only for seven days; or
(2) invalidate the driver's license or permit in such a
way that no identifying information is destroyed.
Sec. 47. Minnesota Statutes 1996, section 169.123,
subdivision 5c, is amended to read:
Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 days following receipt of a notice and
order of revocation or disqualification pursuant to this section, a person may
petition the court for review. The petition shall be filed with the district
court administrator in the county where the alleged offense occurred, together
with proof of service of a copy on the commissioner of public safety, and
accompanied by the standard filing fee for civil actions. No responsive pleading
shall be required of the commissioner of public safety, and no court fees shall
be charged for the appearance of the commissioner of public safety in the
matter.
(b) The petition (1) be captioned in the full
name of the person making the petition as petitioner and the commissioner of
public safety as respondent (2) include the petitioner's
date of birth, driver's license number, and date of the offense (3) state with specificity
the grounds upon which the petitioner seeks rescission of the order of
revocation, disqualification, or denial.
(c) The filing of the
petition shall not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or
disqualification if the hearing has not been conducted within 60 days after
filing of the petition upon terms the court deems proper.
(d) Judicial reviews shall
be conducted according to the rules of civil procedure except that prehearing discovery is mandatory and includes,
but is not limited to:
(1) the notice of
revocation;
(2) the test record, or in the
case of blood or urine tests, the certificate of analysis;
(3) the peace officer's
certificate and any accompanying documentation submitted by the arresting
officer to the commissioner of public safety; and
(4) disclosure of potential
witnesses, including experts, and the basis of their testimony.
Sec. 48. Minnesota Statutes 1996, section 169.123,
subdivision 6, is amended to read:
Subd. 6. [HEARING.] (a) A hearing under this section
shall be before a district judge in any county in the judicial district where
the alleged offense occurred. The hearing shall be to the court and may be
conducted at the same time and in the same manner as hearings upon pretrial
motions in the criminal prosecution under section 169.121, if any. The hearing
shall be recorded. The commissioner of public safety shall appear and be
represented by the attorney general or through the prosecuting authority for the
jurisdiction involved. The hearing shall be held at the earliest practicable
date, and in any event no later than 60 days following the filing of the
petition for review. The judicial district administrator shall establish
procedures to ensure efficient compliance with this subdivision. To accomplish
this, the administrator may, whenever possible, consolidate and transfer review
hearings among the county courts within the judicial district.
(b) The scope of the hearing shall be limited to the
issues in clauses (1) to (1) Did the peace officer have probable cause to believe
the person was driving, operating, or in physical control of:
(i) a motor vehicle in violation of section 169.121; or
(ii) a commercial motor vehicle in violation of section
169.1211?
(2) Was the person lawfully placed under arrest for
violation of section 169.121 or 169.1211?
(3) Was the person involved in a motor vehicle accident
or collision resulting in property damage, personal injury, or death?
(4) Did the person refuse to take a screening test
provided for by section 169.121, subdivision 6?
(5) If the screening test was administered, did the test
indicate:
(i) an alcohol concentration
of (ii) an alcohol concentration of
0.04 or more, if the person is under the age of 21 years at the time of the
violation?
(6) At the time of the request for the test, did the
peace officer inform the person of the person's rights and the consequences of
taking or refusing the test as required by subdivision 2?
(7) Did the person refuse to permit the test?
(8) If the person refused to
permit the test, was the refusal based upon reasonable grounds?
(9) If a test was taken (i) an alcohol concentration
of (ii) an alcohol concentration of
0.04 or more, if the person is under the age of 21 years at the time of the
violation; or
(iii) the presence of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols (c) It shall be an affirmative defense for the
petitioner to prove that, at the time of the refusal, the petitioner's refusal
to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of
laboratory or medical personnel reports, records, documents, licenses, and certificates shall be admissible as substantive
evidence.
(e) The court shall order that the revocation or
disqualification be either rescinded or sustained and forward the order to the
commissioner of public safety. The court shall file its order within 14 days
following the hearing. If the revocation or disqualification is sustained, the
court shall also forward the person's driver's license or permit to the
commissioner of public safety for further action by the commissioner of public
safety if the license or permit is not already in the commissioner's possession.
Sec. 49. Minnesota Statutes 1996, section 169.126,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT; FORM.] A chemical use
assessment shall be conducted and an assessment report submitted to the court
and to the department of public safety by the county agency administering the
alcohol safety program when:
(a) The defendant is convicted of an offense described
in section 84.91, 86B.331, 169.121 (b) The defendant is arrested for committing an offense
described in section 169.121 or 169.129 but is convicted of another offense
arising out of the circumstances surrounding the arrest.
Sec. 50. Minnesota Statutes 1996, section 169.1261, is
amended to read:
169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.]
Upon expiration of a period of revocation under section
169.121 or 169.123, the commissioner of public safety shall notify the person of
the terms upon which driving privileges can be reinstated, and new registration
plates issued, which terms are: (1) successful completion of Sec. 51. Minnesota Statutes 1996, section 169.129, is
amended to read:
169.129 [AGGRAVATED VIOLATIONS; PENALTY.]
Subdivision 1. [CRIME.] It is a crime for any person (1) section 169.121,
169.1211, or 169.123;
(2) section 171.04, 171.14,
171.16, 171.17, or 171.18 because of an alcohol-related incident;
(3) section 609.21,
subdivision 1, clauses (2) to (6); Subd. 2. [PENALTIES.] (a) Except as otherwise provided in paragraph (b), a person
who violates subdivision 1 is guilty of a gross misdemeanor.
(b) A person is guilty of an
enhanced gross misdemeanor and may be sentenced to imprisonment in a local
correctional facility for not more than two years or to payment of a fine of not
more than $3,000, or both, if the person violates subdivision 1 and the person's
driver's license or driving privilege has been suspended, revoked, canceled,
denied, or disqualified two or three times within the past ten years under any
of the statutes listed in subdivision 1. A person convicted of an enhanced gross
misdemeanor under this paragraph is subject to the applicable mandatory
penalties provided in section 169.121, subdivision 3d.
Subd. 3. [PROSECUTION.] The
attorney in the jurisdiction in which the violation of this section occurred who
is responsible for prosecution of misdemeanor violations of section 169.121
shall also be responsible for prosecution of violations of this section.
Sec. 52. Minnesota Statutes 1996, section 171.07, is
amended by adding a subdivision to read:
Subd. 12. [SNOWMOBILE SAFETY
CERTIFICATE.] (a) The department shall maintain in its
records information transmitted electronically from the commissioner of natural
resources identifying each person whom the commissioner has issued a snowmobile
safety certificate.
(b) After receiving information
under paragraph (a) that a person has received a snowmobile safety certificate,
the department shall include, on all drivers' licenses or Minnesota
identification cards subsequently issued to the person, a graphic or written
indication that the person has received the certificate.
(c) If a person who has received
a snowmobile safety certificate applies for a driver's license or Minnesota
identification card before that information has been transmitted to the
department, the department may accept a copy of the certificate as proof of its
issuance and shall then follow the procedures in paragraph (b).
Sec. 53. Minnesota Statutes 1996, section 171.12, is
amended by adding a subdivision to read:
Subd. 2a. [ALCOHOL
CONCENTRATION ON DRIVING RECORD.] When a person's
driver's license or permit to drive is revoked or suspended pursuant to section
169.123, or when a person is convicted for violating section 84.91, 86B.331,
169.121, 169.1211, 169.1218, 169.129, 360.0752, or 609.21, and a test of the
person's breath, urine, or blood has been made to determine the person's alcohol
concentration, the commissioner of public safety shall record the test results
on the person's driving record pertaining to that violation. The alcohol
concentration is classified as public data on individuals, as defined in section
13.02, subdivision 15, and must be kept for the period of time specified in
subdivision 3, clause (2).
Sec. 54. Minnesota Statutes 1996, section 171.19, is
amended to read:
171.19 [PETITION FOR LICENSE REINSTATEMENT.]
Any person whose driver's license has been refused,
revoked, suspended, in or out of term. The commissioner may appear in
person, or by agents or representatives, and may present evidence upon the
hearing by affidavit personally, by agents, or by representatives. The
petitioner may present evidence by affidavit, except that the petitioner must be
present in person at such hearing for the purpose of cross-examination. In the
event the department shall be sustained in these proceedings, the petitioner
shall have no further right to make further petition to any court for the
purpose of obtaining a driver's license until after the expiration of one year
after the date of such hearing.
Sec. 55. Minnesota Statutes 1996, section 171.20,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] Before the license is reinstated, a person whose
driver's license has been suspended under section 171.16, subdivision 2; 171.18,
except subdivision 1, clause (10); or 171.182, or who has been disqualified from
holding a commercial driver's license under section 171.165 must pay a Sec. 56. Minnesota Statutes 1996, section 171.30, is
amended by adding a subdivision to read:
Subd. 2c. [EXTENDED WAITING
PERIOD.] If a person's license or privilege has been
revoked or suspended for a violation of section 169.121 or 169.123, or a statute
or ordinance from another state in conformity with either of those sections, and
the person's alcohol concentration was 0.20 or greater at the time of the
violation, a limited license may not be issued for a period of time equal to
twice the time period specified in subdivision 2a or 2b.
Sec. 57. Minnesota Statutes 1996, section 192A.555, is
amended to read:
192A.555 [DRUNKEN OR RECKLESS DRIVING.]
(1) drives, operates, or is in (2) drives, operates, or is in
physical control of a vehicle when the person's alcohol concentration is
0.08 or more (3) flies, operates, or is in
physical control of an aircraft when the person's alcohol concentration is 0.04
or more; or (4) operates (b) Chemical and other tests
for intoxication shall be made only in accordance with rules issued under this
code. For purposes of this section, the term "alcohol
concentration" has the meaning given in section 169.01, subdivision 61.
Sec. 58. Minnesota Statutes 1996, section 357.021,
subdivision 1a, is amended to read:
Subd. 1a. (a) Every person, including the state of
Minnesota and all bodies politic and corporate, who shall transact any business
in the district court, shall pay to the court administrator of said court the
sundry fees prescribed in subdivision 2. Except as provided in paragraph (d),
the court administrator shall transmit the fees monthly to the state treasurer
for deposit in the state treasury and credit to the general fund.
(b) In a county which has a screener-collector position,
fees paid by a county pursuant to this subdivision shall be transmitted monthly
to the county treasurer, who shall apply the fees first to reimburse the county
for the amount of the salary paid for the screener-collector position. The
balance of the fees collected shall then be forwarded to the state treasurer for
deposit in the state treasury and credited to the general fund. In a county in
the eighth judicial district which has a screener-collector position, the fees
paid by a county shall be transmitted monthly to the state treasurer for deposit
in the state treasury and credited to the general fund. A screener-collector
position for purposes of this paragraph is an employee whose function is to
increase the collection of fines and to review the incomes of potential clients
of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the
public authority or the party the public authority represents in an action for:
(1) child support enforcement or modification, medical
assistance enforcement, or establishment of parentage in the district court, or
child or medical support enforcement conducted by an administrative law judge in
an administrative hearing under section 518.5511;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public
guardian or any other action under chapters 252A and 525;
(4) wrongfully obtaining public assistance under section
256.98 or 256D.07, or recovery of overpayments of public assistance;
(5) court relief under chapter 260;
(6) forfeiture of property under sections 169.1217 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions
or public institutions under sections 246.52, 252.27, 256.045, 256.25, 256.87,
256B.042, 256B.14, 256B.15, 256B.37, and 260.251, or other sections referring to
other forms of public assistance; or
(8) restitution under section 611A.04.
(d) The fees collected for child support modifications
under subdivision 2, clause (13), must be transmitted to the county treasurer
for deposit in the county general fund. The fees must be used by the county to
pay for child support enforcement efforts by county attorneys.
Sec. 59. Minnesota Statutes 1996, section 364.09, is
amended to read:
364.09 [EXCEPTIONS.]
(a) This chapter does not apply to the licensing process
for peace officers; to law enforcement agencies as defined in section 626.84,
subdivision 1, paragraph (h); to fire protection agencies; to eligibility for a
private detective or protective agent license; to eligibility for a family day
care license, a family foster care license, or a home care provider license; to
eligibility for school bus driver endorsements; (b) This chapter does not apply to a school district or
to eligibility for a license issued or renewed by the board of teaching or the
state board of education.
(c) Nothing in this section precludes the Minnesota
police and peace officers training board or the state fire marshal from
recommending policies set forth in this chapter to the attorney general for
adoption in the attorney general's discretion to apply to law enforcement or
fire protection agencies.
(d) This chapter does not apply to a license to practice
medicine that has been denied or revoked by the board of medical practice
pursuant to section 147.091, subdivision 1a.
Sec. 60. Minnesota Statutes 1996, section 609.02,
subdivision 2, is amended to read:
Subd. 2. [FELONY.] "Felony" means a crime, other than an enhanced gross misdemeanor, for which a
sentence of imprisonment for more than one year may be imposed.
Sec. 61. Minnesota Statutes 1996, section 609.02, is
amended by adding a subdivision to read:
Subd. 2a. [ENHANCED GROSS
MISDEMEANOR.] "Enhanced gross misdemeanor" means a crime
for which a sentence of not more than two years imprisonment in a local
correctional facility or a fine of not more than $3,000, or both, may be
imposed.
Sec. 62. Minnesota Statutes 1996, section 609.105, is
amended to read:
609.105 [SENTENCE OF IMPRISONMENT.]
Subdivision 1. Except as
otherwise provided in subdivision 3, a sentence to imprisonment for more
than one year shall commit the defendant to the custody of the commissioner of
corrections.
Subd. 2. The commissioner of corrections shall determine
the place of confinement in a prison, reformatory, or other facility of the
department of corrections established by law for the confinement of convicted
persons and prescribe reasonable conditions and rules for their employment,
conduct, instruction, and discipline within or without the facility.
Subd. 3. A sentence to imprisonment for an enhanced gross misdemeanor or for a period of one
year or any lesser period shall be to a workhouse, work farm, county jail, or
other place authorized by law.
Sec. 63. Minnesota Statutes 1996, section 609.135,
subdivision 2, is amended to read:
Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the
conviction is for a felony the stay shall be for not more than four years or the
maximum period for which the sentence of imprisonment might have been imposed,
whichever is longer.
(b) If the conviction is for an
enhanced gross misdemeanor violation of section 169.121 or 169.129, the stay
shall be for not more than five years. The court shall provide for unsupervised
probation for the last year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the last year.
(c) If the conviction is for
a gross misdemeanor violation of section 169.121 or 169.129, the stay shall be
for not more than four years. The court shall provide for unsupervised probation
for the last (1) the defendant has not paid court-ordered restitution
or a fine in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution
or fine the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution or a fine may be extended by the court for up to one additional year
if the court finds, at another hearing conducted under subdivision 1a, that the
defendant still has not paid the court-ordered restitution or fine that the
defendant owes.
Sec. 64. Minnesota Statutes 1996, section 609.15,
subdivision 2, is amended to read:
Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS
MISDEMEANOR.] If the court specifies that the sentence shall run consecutively
and all of the sentences are for misdemeanors, the total of the sentences shall
not exceed one year. If the sentences are for a gross misdemeanor or enhanced gross misdemeanor and one or more
misdemeanors, the total of the sentences shall not exceed two years. If all of
the sentences are for gross misdemeanors and enhanced
gross misdemeanors, the total of the sentences shall not exceed four years.
Sec. 65. Minnesota Statutes 1996, section 609.21,
subdivision 1, is amended to read:
Subdivision 1. [CRIMINAL VEHICULAR HOMICIDE.] A person
is guilty of criminal vehicular homicide resulting in death and may be sentenced
to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the person causes the death of a human being not
constituting murder or manslaughter as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of (4) while having an alcohol concentration of (5) while having an alcohol
concentration of 0.04 or more at the time of driving, or as measured within two
hours of the time of driving, if the person is under the age of 21 years at the
time of the violation;
Sec. 66. Minnesota Statutes 1996, section 609.21,
subdivision 2, is amended to read:
Subd. 2. [RESULTING IN GREAT BODILY HARM.] A person is
guilty of criminal vehicular operation resulting in great bodily harm and may be
sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if the person causes great bodily harm to
another, not constituting attempted murder or assault, as a result of operating
a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of (4) while having an alcohol concentration of (5) while having an alcohol
concentration of 0.04 or more at the time of driving, or as measured within two
hours of the time of driving, if the person is under the age of 21 years at the
time of the violation;
Sec. 67. Minnesota Statutes 1996, section 609.21,
subdivision 2a, is amended to read:
Subd. 2a. [RESULTING IN SUBSTANTIAL BODILY HARM.] A
person is guilty of criminal vehicular operation resulting in substantial bodily
harm and may be sentenced to imprisonment of not more than three years or to
payment of a fine of not more than $10,000, or both, if the person causes
substantial bodily harm to another, as a result of operating a motor vehicle;
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of (4) while having an alcohol concentration of (5) while having an alcohol
concentration of 0.04 or more at the time of driving, or as measured within two
hours of the time of driving, if the person is under the age of 21 years at the
time of the violation;
Sec. 68. Minnesota Statutes 1996, section 609.21,
subdivision 2b, is amended to read:
Subd. 2b. [RESULTING IN BODILY HARM.] A person is guilty
of criminal vehicular operation resulting in bodily harm and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the person causes bodily harm to another, as a result of
operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of (4) while having an alcohol concentration of (5) while having an alcohol
concentration of 0.04 or more at the time of driving, or as measured within two
hours of the time of driving, if the person is under the age of 21 years at the
time of the violation;
Sec. 69. Minnesota Statutes 1996, section 609.21,
subdivision 3, is amended to read:
Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] A
person is guilty of criminal vehicular operation resulting in death to an unborn
child and may be sentenced to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both, if the person causes the
death of an unborn child as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of (4) while having an alcohol concentration of (5) while having an alcohol
concentration of 0.04 or more at the time of driving, or as measured within two
hours of the time of driving, if the person is under the age of 21 years at the
time of the violation;
A prosecution for or conviction of a crime under this
subdivision is not a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct.
Sec. 70. Minnesota Statutes 1996, section 609.21,
subdivision 4, is amended to read:
Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] A person
is guilty of criminal vehicular operation resulting in injury to an unborn child
and may be sentenced to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both, if the person causes great bodily
harm to an unborn child who is subsequently born alive, as a result of operating
a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of (4) while having an alcohol concentration of (5) while having an alcohol
concentration of 0.04 or more at the time of driving, or as measured within two
hours of the time of driving, if the person is under the age of 21 years at the
time of the violation;
A prosecution for or conviction of a crime under this
subdivision is not a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct.
Sec. 71. Minnesota Statutes 1996, section 609.487, is
amended by adding a subdivision to read:
Subd. 2a. [MOTOR VEHICLE;
DEFINITION.] "Motor vehicle" has the meaning given in
section 169.01, subdivision 3, and includes off-road recreational vehicles as
defined in section 169.01, subdivision 84, and motorboats as defined in section
169.01, subdivision 85.
Sec. 72. Minnesota Statutes 1996, section 634.15,
subdivision 2, is amended to read:
Subd. 2. [TESTIMONY AT TRIAL.] Except in civil proceedings, including proceedings under
section 169.123, an accused person or the accused person's attorney may
request, by notifying the prosecuting attorney at least ten days before the
trial, that the following persons testify in person at the trial on behalf of
the state:
(a) A person who performed the laboratory analysis or
examination for the report described in subdivision 1, clause (a); or
(b) A person who prepared the blood sample report
described in subdivision 1, clause (b).
If a petitioner in a proceeding
under section 169.123 subpoenas a person described in paragraph (a) or (b) to
testify at the proceeding, the petitioner is not required to pay the person
witness fees under section 357.22 in excess of $100.
Sec. 73. [REVISOR'S INSTRUCTION.]
In each section of Minnesota
Statutes referred to in column A, the revisor of statutes shall delete the
reference in column B, and insert the reference in column C.
Column A Column B Column C
84.83 84.912 169.1217
84.927 84.912 169.1217
86B.305 86B.331 169.121
86B.811 86B.331 169.121
97B.065 86B.331, subd. 4 169.121, subd.
2
97B.066 86B.335, subds. 169.123,
subds.
8, 9, and 10 2b, 2c, and 3
168.042, 169.121, subd. 3, 169.121,
subd. 3,
subd. 2 para. (3), clause
(4)para. (c), clause (5)
Sec. 74. [REPEALER.]
Minnesota Statutes 1996,
sections 84.873; 84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911,
subdivisions 1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 3,
4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
and 12; 86B.337; 97B.066, subdivision 6; and 169.121, subdivision 3a, are
repealed.
Sec. 75. [EFFECTIVE DATE.]
Sections 1 to 54 and 56 to 74
are effective January 1, 1998, and apply to violations occurring on or after
that date. However, violations occurring before January 1, 1998, which are
listed in Minnesota Statutes, section 169.121, subdivision 3, paragraph (a), are
considered prior impaired driving convictions or prior license revocations for
purposes of: determining conditional release, long-term monitoring, criminal
penalties, sentencing, and administrative licensing sanctions for a person
charged for or convicted of a violation occurring on and after January 1,
1998.
Section 55 is effective July 1,
1997, and applies to the driver's license reinstatements occurring on or after
that date.
Repeal of civil penalty payment
and enforcement provisions in Minnesota Statutes, sections 84.911 and 86B.335,
applies only to refusals occurring on or after January 1, 1998."
Delete the title and insert:
"A bill for an act relating to crimes; driving while
impaired; reducing the legal limit for alcohol concentration from 0.10 to 0.08
for adults and to 0.04 for youth for operating any kind of vehicle; creating a
zero-tolerance standard for school bus drivers; advancing criminal penalties and
administrative sanctions for committing a DWI crime while having an alcohol
concentration of 0.20 or more; expanding DWI laws to include snowmobiles,
all-terrain vehicles, and motorboats and repealing the separate DWI laws
relating to those recreational vehicles; creating an enhanced gross
misdemeanor-level DWI crime and restructuring criminal penalties for DWI,
including the provision of mandatory minimum periods of incarceration and home
detention for repeat DWI offenders; mandating pretrial and posttrial electronic
alcohol monitoring for certain offenders; advancing license plate impoundment
and motor vehicle forfeiture by one offense; providing an administrative process
for forfeiture and permitting it to be based on license revocation; authorizing
the use of preliminary breath tests results for prosecuting certain driving
offenses; making technical changes; providing enhanced criminal penalties and
civil sanctions; amending Minnesota Statutes 1996, sections 84.83, subdivision
5; 84.91, subdivision 1; 84.911, subdivision 7; 84.927, subdivision 1; 86B.331,
subdivision 1; 86B.705, subdivision 2; 97A.065, subdivision 2; 97B.065,
subdivision 1; 97B.066, subdivisions 1, 5, and by adding subdivisions; 168.042,
subdivisions 1, 2, 4, 9, 11, and by adding a subdivision; 169.01, by adding
subdivisions; 169.121, subdivisions 1, 1c, 2, 3, 3b, 3c, 4, 6, 11, and by adding
subdivisions; 169.1211, subdivision 1, and by adding a subdivision; 169.1217;
169.1218; 169.123, subdivisions 1, 2, 3, 4, 5a, 5c, and 6; 169.126, subdivision
1; 169.1261; 169.129; 171.07, by adding a subdivision; 171.12, by adding a
subdivision; 171.19; 171.20, subdivision 4; 171.30, by adding a subdivision;
192A.555; 357.021, subdivision 1a; 364.09; 609.02, subdivision 2, and by adding
a subdivision; 609.105; 609.135, subdivision 2; 609.15, subdivision 2; 609.21,
subdivisions 1, 2, 2a, 2b, 3, and 4;
609.487, by adding a subdivision; and 634.15,
subdivision 2; repealing Minnesota Statutes 1996, sections 84.873; 84.91,
subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 1, 2, 3, 4, 5,
and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8;
86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; 86B.337;
97B.066, subdivision 6; and 169.121, subdivision 3a."
With the recommendation that when so amended the bill
pass.
The report was adopted.
Solberg from the Committee on Ways and Means to which
was referred:
S. F. No. 1023, A bill for an act relating to taxation;
authorizing a fee on motor vehicle rentals to compensate for the cost of the
registration of this vehicle; proposing coding for new law in Minnesota
Statutes, chapter 168.
Reported the same back with the following amendments:
Delete everything after the enacting clause and insert:
"Section 1. [168.019] [FEE IMPOSED.]
Subdivision 1. [FEE IMPOSED;
DESIGNATION.] A fee of three percent of the charge for
the rental of a vehicle subject to the tax imposed by section 297A.135 is
imposed for the purpose of reimbursing lessors for the cost of registering
vehicles under this chapter. The fee may be designated on the statement of
charges presented by the lessor to the customer as "a fee imposed by the state
of Minnesota for the registration of rental cars."
Subd. 2. [PAYMENT OF EXCESS
FEES.] By March 31 of the year following the end of a
calendar year during which a lessor has imposed a fee under subdivision 1, the
lessor shall report to the commissioner of revenue, in the form required by the
commissioner, the amount of the fee collected. If the amount of the fee
collected during the previous year exceeds the amount of motor vehicle
registration taxes paid under this chapter during the same period, the lessor
shall remit the excess to the commissioner of revenue at the time the report is
submitted. The commissioner of revenue shall annually transfer to the highway
user tax distribution fund an amount equal to the fees collected in excess of
the motor vehicle registration taxes paid."
Amend the title as follows:
Page 1, line 4, delete "this" and insert "the"
With the recommendation that when so amended the bill
pass.
The report was adopted.
H. F. Nos. 1390 and 1579 were read for the second time.
S. F. Nos. 164, 184, 412, 985 and 1023 were read for the
second time.
The following House Files were introduced:
Chaudhary; Johnson, A.; Carlson and Luther introduced:
H. F. No. 2194, A bill for an act relating to capital
improvements; authorizing the issuance of bonds to refurbish the Fridley
historical museum; appropriating money.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Trimble, Solberg, Clark and Dawkins introduced:
H. F. No. 2195, A bill for an act relating to economic
development; creating a revolving loan program for American Indian business
loans; appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 116J.
The bill was read for the first time and referred to the
Committee on Economic Development and International Trade.
Munger, Carruthers, Weaver, Holsten and Hausman
introduced:
H. F. No. 2196, A bill for an act proposing an amendment
to the Minnesota Constitution, article XI, section 14; extending until the year
2020 the period during which at least 40 percent of the net proceeds from the
state lottery must be credited to the environment and natural resources trust
fund; modifying authority for appropriations from the fund.
The bill was read for the first time and referred to the
Committee on Rules and Legislative Administration.
Pawlenty and Rifenberg introduced:
H. F. No. 2197, A bill for an act relating to taxation;
individual income; reducing the rate of tax on the first income bracket;
amending Minnesota Statutes 1996, section 290.06, subdivisions 2c and 2d.
The bill was read for the first time and referred to the
Committee on Taxes.
Seifert, Rifenberg, Kuisle, Davids and Gunther
introduced:
H. F. No. 2198, A bill for an act relating to state
government; designating English as the official language; proposing coding for
new law in Minnesota Statutes, chapter 1.
The bill was read for the first time and referred to the
Committee on Governmental Operations.
Huntley, Munger, Jaros and Murphy introduced:
H. F. No. 2199, A bill for an act relating to capital
improvements; appropriating money for a project at the University of Minnesota
for Glensheen Mansion.
The bill was read for the first time and referred to the
Committee on Education.
Pugh, Macklin, Skoglund and Tunheim introduced:
H. F. No. 2200, A bill for an act relating to commerce;
regulating information licenses; proposing coding for new law as Minnesota
Statutes, chapter 336.2B.
The bill was read for the first time and referred to the
Committee on Commerce, Tourism and Consumer Affairs.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned:
H. F. No. 1863, A bill for an act relating to
agriculture; establishing task force to make recommendations on modifications to
the agricultural marketing and bargaining law.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned, as amended by the Senate, in which
amendments the concurrence of the House is respectfully requested:
H. F. No. 241, A bill for an act relating to motor
carriers; allowing personnel of departments of transportation and public safety
to conduct joint or combined audits of motor carrier records; requiring
commissioner of public safety to provide commissioner of transportation
information on traffic accidents involving commercial motor vehicles; providing
for enforcement authority of personnel of departments of transportation and
public safety relating to motor carriers; conforming state statutes to federal
motor carrier safety regulations; providing for the reauthorization of the
uniform hazardous materials registration and permit program for an additional
year; authorizing commissioner of transportation to accept electronic signatures
for electronically transmitted motor carrier documents; amending Minnesota
Statutes 1996, sections 168.187, subdivision 20; 169.09, subdivision 13; 169.85;
169.871, subdivisions 1 and 1a; 221.0314, subdivisions 2, 6, 7, 9, 10, and 11;
221.0355, subdivisions 5 and 15; 221.221, subdivisions 2 and 4; 296.17,
subdivision 18; 296.171, subdivision 4; and 299D.06; Laws 1994, chapter 589,
section 8, as amended; proposing coding for new law in Minnesota Statutes,
chapter 221.
Patrick E. Flahaven, Secretary of the Senate
Mullery moved that the House refuse to concur in the
Senate amendments to H. F. No. 241, that the Speaker appoint a Conference
Committee of 3 members of the House, and that the House requests that a like
committee be appointed by the Senate to confer on the disagreeing votes of the
two houses. The motion prevailed.
Winter moved that the House recess subject to the call
of the Chair. The motion prevailed.
RECONVENED
The House reconvened and was called to order by the
Speaker.
Goodno was excused for the remainder of today's session.
The following messages were received from the Senate:
Mr. Speaker:
I hereby announce that the Senate accedes to the request
of the House for the appointment of a Conference Committee on the amendments
adopted by the Senate to the following House File:
H. F. No. 299, A bill for an act relating to state
parks; adding to state parks; renaming O.L. Kipp state park; permitting liquor
sales in certain parks; authorizing the commissioner to contract out certain
restaurant services; modifying state park permit exemptions; amending Minnesota
Statutes 1996, sections 85.012, by adding a subdivision; 85.0505; and 85.054, by
adding a subdivision; repealing Minnesota Statutes 1996, section 85.012,
subdivision 46.
The Senate has appointed as such committee:
Messrs. Morse, Price and Laidig.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request
of the House for the appointment of a Conference Committee on the amendments
adopted by the Senate to the following House File:
H. F. No. 556, A bill for an act relating to health;
permitting health data institute access to certain data; defining terms for
vital statistics; modifying lead inspection provisions; modifying provisions for
unique identifiers for health care providers, group purchasers, and patients;
modifying birth data provisions; limiting access to certified copies of birth
and death certificates; requiring standardized format for birth and death
certificates; providing for recording and reporting of abortion data; amending
Minnesota Statutes 1996, sections 62J.451, subdivision 6c; 62J.54; 144.212, by
adding subdivisions; 144.215, by adding subdivisions; 144.225, by adding
subdivisions; 144.9504, subdivision 2; and 145.411, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 145.
The Senate has appointed as such committee:
Mr. Betzold; Ms. Kiscaden and Mr. Ten Eyck.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request
of the House for the appointment of a Conference Committee on the amendments
adopted by the Senate to the following House File:
H. F. No. 735, A bill for an act relating to civil
commitment; clarifying and reorganizing portions of the commitment act; allowing
the designated agency to consent to voluntary treatment for certain incompetent
persons; creating a new standard for court-ordered early intervention to provide
less intrusive treatment; modifying standards and procedures for the
administration of neuroleptic medications; providing for
access to records; amending the provisional discharge procedures; requiring
medical documentation of a patient's refusal to be examined and allowing
determination of need for treatment based on other information; prohibiting
prepetition screeners from filing commitment petitions; limiting use of
prepetition screening reports in unrelated proceedings; requiring distribution
to specified parties; increasing time for return after provisional discharge;
modifying provisions governing special review boards; increasing time for
hearing appeals; changing provisions for state liens for cost of care; amending
Minnesota Statutes 1996, sections 13.42, subdivisions 2 and 3; 55.10,
subdivision 4; 246B.01, subdivisions 3 and 4; 253B.01; 253B.02, subdivisions 2,
4, 4a, 7, 9, 13, 14, 15, 18, 18a, 18b, and by adding subdivisions; 253B.03,
subdivisions 1, 2, 3, 4, 5, 6, 6b, 7, 8, and by adding a subdivision; 253B.04;
253B.05, subdivisions 1, 2, 3, 4, and by adding a subdivision; 253B.06; 253B.07,
subdivisions 1, 2, 2a, 3, 4, 5, 7, and by adding subdivisions; 253B.08,
subdivisions 1, 2, 3, 5, and by adding subdivisions; 253B.09, subdivisions 1, 2,
3, 5, and by adding a subdivision; 253B.095; 253B.10; 253B.11, subdivision 2;
253B.12, subdivisions 1, 3, 4, and by adding a subdivision; 253B.13,
subdivisions 1 and 2; 253B.14; 253B.15, subdivisions 1, 1a, 2, 3, 5, 10, and by
adding subdivisions; 253B.16, subdivision 1; 253B.17, subdivisions 1 and 3;
253B.18, subdivisions 1, 2, 3, 4, 4a, 4b, 5, 6, 7, 9, 12, 14, 15, and by adding
a subdivision; 253B.185, subdivision 4; 253B.19, subdivisions 1, 2, 3, and 5;
253B.20, subdivisions 1, 3, 4, 6, and 7; 253B.21, subdivision 4; 253B.22,
subdivision 1; 253B.23, subdivisions 1, 4, 6, 7, and 9; 256.015, subdivisions 1,
2, and 4; 256B.042, subdivisions 1, 2, and 4; 256B.37, subdivision 1; 514.71;
514.980, subdivision 2; 514.981, subdivision 2; 514.982, subdivisions 1 and 2;
514.985; 524.1-201; 524.3-801; 524.3-1004; 524.3-1201; and 524.6-207; proposing
coding for new law in Minnesota Statutes, chapter 253B; repealing Minnesota
Statutes 1996, sections 253B.03, subdivisions 6c and 9; 253B.05, subdivisions 2a
and 5; 253B.07, subdivision 6; 253B.08, subdivisions 4 and 6; 253B.091; 253B.12,
subdivisions 5 and 8; 253B.13, subdivision 3; 253B.15, subdivisions 4 and 6;
253B.18, subdivision 4; 253B.21, subdivision 5; and 253B.23, subdivision 1a.
The Senate has appointed as such committee:
Messrs. Betzold; Ten Eyck and Ms. Kiscaden.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request
of the House for the appointment of a Conference Committee on the amendments
adopted by the Senate to the following House File:
H. F. No. 1409, A bill for an act relating to
agriculture; legislative review of feedlot permit rules; amending Minnesota
Statutes 1996, section 116.07, subdivision 7.
The Senate has appointed as such committee:
Messrs. Sams, Dille and Vickerman.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes to the request
of the House for the appointment of a Conference Committee on the amendments
adopted by the Senate to the following House File:
H. F. No. 1460, A bill for an act relating to government
data practices; making certain welfare and housing data available to law
enforcement agencies; requiring certain criminal conviction data to be available
through the Internet; eliminating the requirement that government agencies pay a
fee for commissioner's opinions; modifying school immunization and health
record provisions; modifying patient consent to release
of records for research; authorizing destruction of records of deceased
patients; allowing certain voters to prevent public dissemination of their
residence addresses; requiring notice of investigations to health board
licensees; providing for retention of juvenile history records; providing for
misdemeanor offense reports and access to certain adult criminal history data;
providing for disclosure or inspection of certain tax data or return
information; limiting disclosure of certain tax data under subpoena; providing
criminal penalties; amending Minnesota Statutes 1996, sections 13.41, by adding
a subdivision; 13.46, subdivision 2; 13.54, by adding a subdivision; 13.65,
subdivision 2; 13.87, subdivision 2; 13.99, subdivision 53b, and by adding
subdivisions; 123.70, subdivisions 5, 7, and 10; 144.29; 144.335, subdivision
3a, and by adding a subdivision; 201.091, subdivision 4; 214.10, subdivision 1;
260.161, subdivision 1a; 270.66, subdivision 3; 270B.01, subdivision 8; 270B.03,
subdivisions 1, 3, and 4; 270B.08, subdivision 1; 270B.085, subdivision 1;
270B.09; 270B.12, subdivision 7; 270B.14, subdivision 1, and by adding
subdivisions; 270B.16; 287.34; 299C.095; 299C.10, subdivision 1; and 299C.13;
proposing coding for new law in Minnesota Statutes, chapters 214; and 270B;
repealing Minnesota Statutes 1996, sections 13.072, subdivision 3; 13.71,
subdivisions 18, 19, 20, and 21; and 13.99, subdivision 21d.
The Senate has appointed as such committee:
Mr. Betzold; Ms. Ranum; Messrs. Ten Eyck; Knutson and
Ms. Kiscaden.
Said House File is herewith returned to the House.
Patrick E. Flahaven, Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in
the House amendments to the following Senate File:
S. F. No. 1316, A bill for an act relating to state
agencies; multimember agencies; changing certain publication dates and
requirements; modifying registration requirements; changing the expiration date
for certain multimember agencies; extending expiration dates for certain
health-related advisory councils; extending certain advisory committees;
exempting certain advisory councils and committees from expiration; setting
expiration dates for certain advisory committees and commissions; adding a
member to the food safety advisory committee; making technical changes;
extending life of Mississippi river parkway commission to June 30, 2001;
amending Minnesota Statutes 1996, sections 15.059, subdivision 5, and by adding
a subdivision; 15.0597, subdivisions 2 and 3; 15.0599, subdivisions 1, 4, 5, and
by adding a subdivision; 17.136; 17.49, subdivision 1; 18B.305, subdivision 3;
21.112, subdivision 2; 28A.20, subdivision 2, and by adding a subdivision;
31.95, subdivision 3a; 145.881, subdivision 1; 148.622, subdivision 3; 161.1419,
subdivision 8; 214.32, subdivision 1; 245.697, subdivision 1; 254A.035,
subdivision 2; and 254A.04; proposing coding for new law in Minnesota Statutes,
chapters 15; and 147A.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The Senate has appointed as such committee:
Ms. Wiener; Messrs. Morse and Stevens.
Said Senate File is herewith transmitted to the House
with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Greiling moved that the House accede to the request of
the Senate and that the Speaker appoint a Conference Committee of 3 members of
the House to meet with a like committee appointed by the Senate on the
disagreeing votes of the two houses on S. F. No. 1316. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned, as amended by the Senate, in which
amendments the concurrence of the House is respectfully requested:
H. F. No. 512, A bill for an act relating to
municipalities; authorizing bankruptcy filing; proposing coding for new law in
Minnesota Statutes, chapter 471.
Patrick E. Flahaven, Secretary of the Senate
Rest moved that the House concur in the Senate
amendments to H. F. No. 512 and that the bill be repassed as amended by the
Senate. The motion prevailed.
H. F. No. 512, A bill for an act relating to
municipalities; authorizing bankruptcy filing; proposing coding for new law in
Minnesota Statutes, chapter 471.
The bill was read for the third time, as amended by the
Senate, and placed upon its repassage.
The question was taken on the repassage of the bill and
the roll was called. There were 123 yeas and 6 nays as follows:
Those who voted in the affirmative were:
$1 $1.50; $1 $1.50; and $1 $1.50; 50 cents $1 may be charged at the discretion of the authorized seller; and 1994 1997,
adopted under authority of the Federal Insecticide, Fungicide and Rodenticide Act, as provided by United States Code, title
7, chapter 6, are the pesticide chemical rules in this state. Such rules may be amended by the commissioner proceeding in
accordance with the administrative procedure act. 1994 1997, as
provided by Code of Federal Regulations, title 21, parts 170 to 199, are the food additive rules in this state. Such rules may
be amended by the commissioner proceeding in accordance with the administrative procedure act. 1994 1997,
as provided by Code of Federal Regulations, title 21, parts 70 to 82, are the color additive rules in this state. Such rules may
be amended by the commissioner proceeding in accordance with the administrative procedure act. 1994 1997
, as provided by Code of Federal Regulations, title 21, parts 104 and 105, are the special dietary use rules in this state.
Such rules may be amended by the commissioner proceeding in accordance with the administrative procedure act.1994 1997, adopted under
the Fair Packaging and Labeling Act, as provided by United States Code, title 15, sections 1451 to 1461, are the rules in
this state. Such rules may be amended by the commissioner proceeding in accordance with the administrative procedure
act; provided that the commissioner shall not adopt amendments to such rules or adopt other rules which are contrary to the
labeling requirements for the net quantity of contents required pursuant to section 4 of the Fair Packaging and Labeling Act
and the regulations promulgated thereunder. 1994 1997, and not otherwise adopted herein, also are adopted
as food rules of this state. Such rules may be amended by the commissioner in accordance with the administrative procedure
act. 1994 1997, as
provided by Code of Federal Regulations, title 50, parts 260 to 266 267, are incorporated as part of the
fishery products rules in this state for state inspections performed under a cooperative agreement with the United States
Department of Commerce, National Marine Fisheries Service. The rules may be amended by the commissioner under
chapter 14. 1994 1997, adopted under authority of the federal act, are the definitions and standards of
identity, quality and fill of container in this state. Such rules may be amended by the commissioner proceeding in accordance
with the administrative procedure act. 1994 1997, promulgated pursuant thereto, except to the extent that
the commissioner shall exercise authority to amend such rules in accordance with the administrative procedure act.
Consumer commodities exempted from the requirements of section 4 of the Fair Packaging and Labeling Act shall also be
exempt from this subdivision. 1994 1997, adopted under authority of the federal act relating
to such exemptions are effective in this state unless the commissioner shall exercise authority to amend such regulations.
The commissioner also may promulgate amendments to existing rules concerning exemptions in accordance with the
administrative procedure act. (a) Except as provided in paragraphs (d) and (e), no person may distribute for sale
or use in this state any ink, dye, pigment, paint, or fungicide manufactured after September 1, 1994, into which lead,
cadmium, mercury, or hexavalent chromium has been intentionally introduced. (b) For the purposes of this subdivision, "intentionally introduce" means to deliberately use a metal listed in paragraph
(a) as an element during manufacture or distribution of an item listed in paragraph (a). Intentional introduction does not
include the incidental presence of any of the prohibited elements. (c) The concentration of a listed metal in an item listed in paragraph (a) may not exceed 100 parts per million.
(d) The prohibition on the use of lead in substances utilized in marking road, street, highway, and bridge pavements
does not take effect until July 1, 1998. (e) The use of lead in substances utilized in marking road, street, highway, and bridge pavements is exempt from this
subdivision until July 1, 1998. After July 1, 1998, no person may distribute a listed product for sale or use in this
state. Subd. 2. [TEMPORARY EXEMPTION.] (a) An item listed in subdivision 1 is exempt from this section until July 1,
1998, if the manufacturer of the item submitted to the commissioner a written request for an exemption by August 1, 1994.
The request must include at least: (1) an explanation of why compliance is not technically feasible at the time of the request; (2) how the manufacturer will comply by July 1, 1997; and (3) the name, address, and telephone number of a person the commissioner can contact for further information. (b) By September 1, 1994, a person who uses an item listed in subdivision 1, into which one of the listed metals has
been intentionally introduced, may submit, on behalf of the manufacturer, a request for temporary exemption only if the
manufacturer fails to submit an exemption request as provided in paragraph (a). The request must include: (1) an explanation of why the person must continue to use the item and a discussion of potential alternatives; (2) an explanation of why it is not technically feasible at the time of the request to formulate or manufacture the item
without intentionally introducing a listed metal; (3) that the person will seek alternatives to using the item by July 1, 1997, if it still contains an intentionally introduced
listed metal; and (4) the name, address, and telephone number of a person the commissioner can contact for further information.
(c) A person who submits a request for temporary exemption under paragraph (b) may submit a request for a
temporary exemption after September 1, 1994, for an item that the person will use as an alternative to the item for which
the request was originally made as long as the new item has a total concentration level of all the listed metals that is
significantly less than in the original item. An exemption under this paragraph expires July 1, 1998, and the person who
requests it must submit the progress description required in paragraph (e). (d) By October 1, 1994, and annually thereafter if requests are received under paragraph (c), the commissioner shall
submit to the environment and natural resources committees of the senate and house of representatives, the finance division
of the senate committee on environment and natural resources, and the house of representatives committee on environment
and natural resources finance a list of manufacturers and persons that have requested an exemption under this subdivision
and the items for which exemptions were sought, along with copies of the requests. (e) By July 1, 1996, each manufacturer on the list shall submit to the commissioner a description of the progress the
manufacturer has made toward compliance with subdivision 1, and the date compliance has been achieved or the date on
or before July 1, 1998, by which the manufacturer anticipates achieving compliance. By July 1, 1996, each person who has
requested an exemption under paragraph (b) or (c) shall submit to the commissioner: (1) a description of progress made to eliminate the listed metal or metals from the item or progress made by the person
to find a replacement item that does not contain an intentionally introduced listed metal; and (2) the date or anticipated date the item is or will be free of intentionally introduced metals or the date the person has
stopped or will stop using the item. By October 1, 1996, the commissioner shall submit to the environment and natural resources committees of the senate
and house of representatives, the finance division of the senate committee on environment and natural resources, and the
house of representatives committee on environment and natural resources finance a summary of the progress made by the
manufacturers and other persons and any recommendations for appropriate legislative or other action to ensure that products
are not distributed in the state after July 1, 1998, that violate subdivision 1. APPLICATION; ENFORCEMENT CERTIFICATION OF COMPLIANCE.] (a) This
section does not apply to art supplies. (b) This section may be enforced under sections 115.071 and 116.072. The attorney general or the commissioner
of the agency shall coordinate enforcement of this section with the director of the office. By July 1, 1998, each
person who has filed the progress report specified in Laws 1994, chapter 585, section 30, subdivision 2, paragraph (e),
indicating compliance would be achieved by July 1, 1998, shall certify to the commissioner that the products referenced in
that report have been reformulated and no longer meet the definition of a specified product. The certification must be in
writing and signed by an official of the company. If, due to significant change in circumstances, the person cannot so certify
by July 1, 1998, a product review report and fee shall be submitted as provided under subdivision 6. 15A.081 15A.0815; The salary rate for the chancellor of the Minnesota state colleges and universities may not
exceed 95 percent of the salary of the governor under section 15A.082, subdivision 3. For purposes of this subdivision, "the
salary rate of the chancellor" does not include: (1) employee benefits that are also provided for the majority of all other full-time state employees, vacation and sick
leave allowances, health and dental insurance, disability insurance, term life insurance, and pension benefits or like benefits
the cost of which is borne by the employee or which is not subject to tax as income under the Internal Revenue Code of
1986; (2) dues paid to organizations that are of a civic, professional, educational, or governmental nature; (3) reimbursement for actual expenses incurred by the employee that the appointing authority determines to be directly
related to the performance of job responsibilities, including any relocation expenses paid during the initial year of
employment; or (4) a housing allowance that is comparable to housing allowances provided to chancellors and university presidents
in similar higher education systems nationwide. The salary of the director of the higher education services office may not exceed the maximum of the salary range for
the commissioner of administration. In deciding whether to recommend a salary increase, the governing board or
council shall consider the performance of the chancellor or director, including the chancellor's or director's progress toward
attaining affirmative action goals. subdivision 1
section 15A.0815, subdivisions 3 and 4, constitutional officers, and the commissioner of iron range resources and
rehabilitation are authorized an annual expense allowance not to exceed $1,500 for necessary expenses in the normal
performance of their duties for which no other reimbursement is provided. The expenditures under this subdivision are
subject to any laws and rules relating to budgeting, allotment and encumbrance, preaudit and postaudit. The commissioner
of finance may promulgate adopt rules to assure the proper expenditure of these funds, and to
provide for reimbursement. this section 15A.0815 to another position listed in this section 15A.0815. Salaries The salary of judges a judge of the tax court
are is the same as the base salary for a district judges as set under section 15A.082,
subdivision 3 court judge. The salary of the chief tax court judge is the same as the salary for a chief district court
judge. MAXIMUM SALARY SALARIES.] The salary
of the chief administrative law judge is the same as the salary of a district court judge. The salaries of the assistant chief
administrative law judge and administrative law judge supervisors are 95 percent of the salary of a district court judge.
The maximum salary of an administrative law judge in the classified service employed by the office of
administrative hearings is 90 percent of the salary of a district court judges as set under section 15A.082,
subdivision 3 judge. as set
under section 15A.082, subdivision 3. The salary of the chief judge of the workers' compensation court of appeals
is the same as the salary 75 90 percent of the salary of district court judges. The chief workers' compensation settlement judge at
the department of labor and industry may be paid an annual salary that is up to five percent greater than the
maximum salary of workers' compensation settlement judges at the department of labor and industry. The
maximum salary of a compensation judge in the department of labor and industry is 75 percent of the salary limit established
for the commissioner of labor and industry in section 15A.0815, subdivision 3. The actual salary of a compensation judge
in the department of labor and industry must be determined in accordance with the commissioner's plan established under
section 43A.18, subdivision 2. 15A.081 15A.0815, of the head of a state agency in the executive
branch is the upper limit on the salaries of individual employees in the agency. The salary of the commissioner of labor
and industry is the upper limit of salaries of employees in the bureau of mediation services. However, if an agency head
is assigned a salary that is lower than the current salary of another agency employee, the employee retains the salary, but may
not receive an increase in salary as long as the salary is above that of the agency head. The commissioner may grant
exemptions from these upper limits as provided in subdivisions 3 and 4. Such The action will must be consistent with applicable provisions of collective
bargaining agreements or plans pursuant to adopted under section 43A.18. The commissioner shall review
each proposal giving due consideration to salary rates paid to other employees in the same class and agency and may approve
any request which in the commissioner's judgment is in the best interest of the state. If the commissioner determines that the
position requires special expertise necessitating a higher salary to attract or retain qualified persons, the commissioner may
grant an exemption not to exceed 120 percent of the base salary of the head of the agency or the maximum rate
established for the position, whichever is less. paragraphs paragraph (c) and (d), must be reviewed and
approved, modified, or rejected by the legislature and the legislative coordinating commission on employee
relations under section 3.855, subdivision subdivisions 2 and 3, before becoming effective.
Total compensation for classified administrative law judges in the office of administrative hearings must be
determined by the chief administrative law judge. (d) Total compensation for unclassified positions not covered by a collective bargaining agreement in the
higher education services office must be determined by the higher education services office.GOVERNOR APPOINTING AUTHORITIES TO RECOMMEND CERTAIN SALARIES.]
(a) The governor shall, by July 1 of each odd-numbered year, or other appropriate appointing authority, may
submit to the legislative coordinating commission on employee relations recommendations for salaries
within the salary range limits for the positions listed in section 15A.081, subdivisions 1 and 7
15A.0815, subdivisions 3 to 5. The governor An appointing authority may also propose additions
or deletions of positions from those listed. governor appointing authority shall consult with the
commissioner of administration, the commissioner of finance, and the commissioner of employee relations concerning the
recommendations. governor appointing authority shall consider the criteria established
in subdivision 8 and the performance of individual incumbents. The performance evaluation must include a review of an
incumbent's progress toward attainment of affirmative action goals. The governor appointing authority shall
establish an objective system for quantifying knowledge, abilities, duties, responsibilities, and accountabilities and in
determining recommendations rate each position by this system. governor's appointing authority's recommended salaries take effect, the recommendations
must be reviewed and approved, rejected, or modified by the legislative coordinating commission on employee
relations and the legislature under section 3.855, subdivision subdivisions 2 and 3. The
governor may also at any time propose changes in the salary rate of any positions covered by this subdivision, which must
be submitted and approved in the same manner as provided in this subdivision. If, when the legislature is not in
session, the commission fails to reject or modify salary recommendations of the governor within 30 calendar days of their
receipt, the recommendations are deemed to be approved. governor appointing authority shall set the initial salary of a head of a new agency or a chair of
a new metropolitan board or commission whose salary is not specifically prescribed by law after consultation with the
commissioner, whose recommendation is advisory only. The amount of the new salary must be comparable to the salary of
an agency head or commission chair having similar duties and responsibilities. 15A.081,
subdivision 1 or 7 15A.0815, subdivisions 2 to 5, may be increased or decreased by the governor
appointing authority from the salary previously set for that position within 30 days of the new appointment after
consultation with the commissioner. If the governor appointing authority increases a salary under this
paragraph, the governor appointing authority shall submit the new salary to the legislative
coordinating commission on employee relations and the full legislature for approval, modification, or
rejection under section 3.855, subdivision subdivisions 2 and 3. If, when the legislature is not
in session, the commission fails to reject or modify salary recommendations of the governor within 30 calendar days of their
receipt, the recommendations are deemed to be approved. the administrator shall operate the
Minnesota zoological garden and enforce all rules and policy decisions of the board. The administrator must be chosen solely
on the basis of training, experience, and other qualifications appropriate to the field of zoo management and development.
The board shall set the compensation for salary of the administrator within the limits established for
the commissioner of agriculture in section 15A.081, subdivision 1. The salary of the administrator may not exceed
85 percent of the salary of the governor. The administrator shall perform duties assigned by the board and shall
serve serves in the unclassified service at the pleasure of the board. The administrator, with the
participation of the board, shall appoint a development director in the unclassified service or contract with a development consultant
to establish mechanisms to foster community participation in and community support for the Minnesota zoological
garden. The board may employ other necessary professional, technical, and clerical personnel. Employees of the zoological
garden are eligible for salary supplement in the same manner as employees of other state agencies. The commissioner of
finance shall determine the amount of salary supplement based on available funds.shall may not enter into any a final agreement for construction of
any an entertainment facility that is not directly connected to the ordinary functions of the zoo until after
final construction plans have been submitted to the chairs of the senate finance and house appropriations committees for their
recommendations. office of governor shall appoint the commissioner of iron range resources and
rehabilitation is created. The commissioner shall be appointed by the governor under the provisions of
section 15.06. such other positions or appointments as that are not
incompatible with duties as commissioner of iron range resources and rehabilitation. The commissioner may appoint a
deputy commissioner. All expenses of the commissioner, including the payment of such assistance as may be necessary,
shall must be paid out of the amounts appropriated by section 298.28. The compensation
salary of the commissioner shall must be set by the legislative coordinating commission and may
not exceed the maximum salary set for the commissioner of administration under section 15A.081, subdivision 1
166 percent of the average salary of a steelworker in the taconite relief area, as certified by the executive director of the
United Steelworkers of America, district 11. shall determine determines that distress and unemployment exists or may
exist in the future in any county by reason of the removal of natural resources or a possibly limited use thereof of
natural resources in the future and the any resulting decrease in employment resulting therefrom,
now or hereafter, the commissioner may use such whatever amounts of the appropriation made to the
commissioner of revenue in section 298.28 as that are determined to be necessary and proper in the
development of the remaining resources of said the county and in the vocational training and rehabilitation
of its residents, except that the amount needed to cover cost overruns awarded to a contractor by an arbitrator in relation to
a contract awarded by the commissioner or in effect after July 1, 1985, is appropriated from the general fund. For the
purposes of this section, "development of remaining resources" includes, but is not limited to, the promotion of tourism. 80 85 percent of the salary rate prescribed for the governor
as of the effective date of Laws 1993, chapter 146.
No person shall operate or be in physical control of any
snowmobile or all-terrain vehicle anywhere in this state or on the ice of any
boundary water of this state:
(1) when the person is under the
influence of alcohol;
(2) when the person is under the
influence of a controlled substance, as defined in section 152.01, subdivision
4;
(3) when the person is under the
influence of a combination of any two or more of the elements named in clauses
(1), (2), and (6);
(4) when the person's alcohol
concentration is 0.10 or more;
(5) when the person's alcohol
concentration as measured within two hours of the time of operating is 0.10 or
more; or
(6) when the person is knowingly
under the influence of any chemical compound or combination of chemical
compounds that is listed as a hazardous substance in rules adopted under section
182.655 and that affects the nervous system, brain, or muscles of the person so
as to substantially impair the person's ability to operate the snowmobile or
all-terrain vehicle.
(b) No owner or other person
having charge or control of any snowmobile or all-terrain vehicle shall
authorize or permit any individual the person knows or has reason to believe is
under the influence of alcohol or a controlled substance or other substance, as provided under paragraph (a), to operate the
snowmobile or all-terrain vehicle anywhere in this state or on the ice of any
boundary water of this state.
(c) (b) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall knowingly authorize or permit any
person, who by reason of any physical or mental disability is incapable of
operating the vehicle, to operate the snowmobile or all-terrain vehicle anywhere
in this state or on the ice of any boundary water of this state.
a an off-road recreational motor vehicle, as defined in section 84.90, subdivision 1 169.01,
subdivision 84, and the circumstances of the accident. The report shall be
made within 15 days after the death.
motor
vehicle accidents and of the death of passengers 14 years of age or older, who
die within four hours after accident, the coroner or medical examiner shall
examine the body and shall make tests as are necessary to determine the presence
and percentage concentration of alcohol, and drugs if feasible, in the blood of
the victim. This information shall be included in each report submitted pursuant
to the provisions of this subdivision and shall be tabulated by the department
of natural resources. Periodically, the commissioner of natural resources must
transmit a summary of the reports to the commissioner of public safety.
84.912 169.1217, shall be
deposited in the state treasury and credited to the all-terrain vehicle account
in the natural resources fund.
A person may not operate or be in physical control of a
motorboat in operation on the waters of this state:
(1) when the person is under the
influence of alcohol;
(2) when the person is under the
influence of a controlled substance, as defined in section 152.01, subdivision
4;
(3) when the person is under the
influence of a combination of any two or more of the elements named in clauses
(1), (2), and (6);
(4) when the person's alcohol
concentration is 0.10 or more;
(5) when the person's alcohol
concentration as measured within two hours of the time of operating is 0.10 or
more; or
(6) when the person is knowingly
under the influence of any chemical compound or combination of chemical
compounds that is listed as a hazardous substance in rules adopted under section
182.655 and that affects the nervous system, brain, or muscles of the person so
as to substantially impair the person's ability to operate the motorboat.
(b) An owner or other person
having charge or control of a motorboat may not authorize or allow an individual
the person knows or has reason to believe is under the influence of alcohol or a
controlled or other substance, as provided under
paragraph (a), to operate the motorboat in operation on the waters of this
state.
(c) (b) An owner or other person having charge or control
of a motorboat may not knowingly authorize or allow a person, who by reason of a
physical or mental disability is incapable of operating the motorboat, to
operate the motorboat in operation on the waters of this state.
(d) (e) For purposes of this subdivision, a motorboat "in
operation" does not include a motorboat that is anchored, beached, or securely
fastened to a dock or other permanent mooring.
,; sections 84.091 to 84.15,
and; sections 84.81 to 84.88,; section 169.121, when the
violation involved an off-road recreational vehicle as defined in section
169.01, subdivision 84; chapter 348,; and any other law relating to wild animals, and or aquatic
vegetation, must be paid to the treasurer of the
county where the violation is prosecuted. The county treasurer shall submit
one-half of the receipts to the commissioner and credit the balance to the
county general revenue fund except as provided in paragraphs (b), (c), and (d).
and, (2), and (7);
0.10 0.08 or more;
0.10 0.08 or more; or
or
0.10 0.08 or more; or
86B.335,
subdivisions 8, 9, and 10 169.123, subdivisions 2b,
2c, and 3.
means includes:
(1) a violation of section
169.123 or an impaired driving conviction as defined in section 169.121,
subdivision 3, that results in the revocation of a person's driver's license or
driving privileges, and also includes an alcohol-related license revocation from
another state;
(2) a violation of section
169.129; and
(3) a violation of section
171.24 by a person whose driver's license or driving privileges have been
canceled under section 171.04, subdivision 1, clause (8).
:
(1) a person's driver's
license or driving privileges are revoked for a third violation., as defined in subdivision 1, paragraph (c), clause (1),
within five years or a fourth or subsequent violation, as defined in subdivision
1, paragraph (c), clause (1), within 15 years;
(2) a person's driver's license
or driving privileges are revoked for a violation of section 169.121,
subdivision 3, paragraph (c), clause (4), within five years of one previous
violation or within 15 years of two or more previous violations, as defined in
subdivision 1, paragraph (c), clause (1); or
(3) a person is arrested for or
charged with a violation described in subdivision 1, paragraph (c), clause (2)
or (3).
under section
169.123 for a violation shall also serve a
notice of intent to impound and an order of impoundment if the violation is the third violation, as defined in
subdivision 1, paragraph (c), clause (1), within five years or the fourth or
subsequent violation, as defined in subdivision 1, paragraph (c), clause (1),
within 15 years. On behalf of the commissioner, a peace officer who is
arresting a person for or charging a person with a violation described in subdivision 1, paragraph (c), clause (2) or
(3), shall also serve a notice of intent to impound and an order of
impoundment. If the vehicle involved in the violation is accessible to the
officer at the time the impoundment order is issued, the officer shall seize the
registration plates subject to the impoundment order. The officer shall destroy
all plates seized or impounded under this section. The officer shall send to the
commissioner copies of the notice of intent to impound and the order of
impoundment and a notice that registration plates impounded and seized under
this section have been destroyed.
under section 169.123 or as a result of an impaired driving conviction as defined in section
169.121, subdivision 3 the violation.
,;
If the impoundment order was based on a violation described
in subdivision 1, paragraph (c), clause (2) or (3), and the charges have been
dismissed with prejudice or the violator has been acquitted of the violation,
the registrar of motor vehicles shall issue new registration plates for the
vehicle at no cost, when the registrar receives an application that includes a
copy of the order dismissing the charges or a copy of the judgment of
acquittal.
(f) (h);
0.10 0.08 or more but less than 0.20;
0.10 0.08 or more but less than
0.20;
(g) (i) when the person's body contains any amount of a
controlled substance listed in schedule I or II other than marijuana or
tetrahydrocannabinols.
(3) (4) a requirement that the alleged violator abstain
from consumption of alcohol and controlled substances and submit to random, weekly alcohol tests or urine analyses at least weekly; and
(4) (5) a requirement that, if convicted, the alleged
violator reimburse the court or county for the total cost of these services.
0.10 the level specified in the
applicable clause. Evidence that the defendant consumed alcohol after the
time of actual driving, operating, or being in physical control of a motor
vehicle may not be admitted in defense to any alleged violation of this section
unless notice is given to the prosecution prior to the omnibus or pretrial
hearing in the matter.
(g) (i), that the defendant
used the controlled substance according to the terms of a prescription issued
for the defendant in accordance with sections 152.11 and 152.12.
subdivision section:
;, or
86B.331, subdivision 1, paragraph (a); section 84.91,
subdivision 1a; section 86B.331, subdivision 1a; section 169.1211; section 169.129; or section 360.0752;
609.21,
subdivision 2, clauses (2) to (6); 609.21,
subdivision 2a, clauses (2) to (6); 609.21,
subdivision 2b, clauses (2) to (6); 609.21,
subdivision 3, clauses (2) to (6); 609.21, or subdivision 4, clauses (2) to (6); or
of them provision listed in item (i) or (ii).
; and.
or cancellation, denial, or disqualification under:
; or section 169.1211, 169.123;, 171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 because of an alcohol-related incident;
609.21,
subdivision 2, clauses (2) to (6); 609.21,
subdivision 2a, clauses (2) to (6); 609.21,
subdivision 2b, clauses (2) to (6); 609.21,
subdivision 3, clauses (2) to (6); or 609.21,
subdivision 4, clauses (2) to (6); or
of them provision listed in item (i) or (ii).
either any of them, is
guilty of a misdemeanor.
, or within
ten years of the first of two or more prior impaired driving convictions;
(2) (3) the person violates subdivision 1a within five
years of a prior impaired driving conviction or a
prior license revocation, or within ten years of the
first of two or more prior license revocations;
(3) (4) the person violates section 169.26 while in
violation of subdivision 1; or
(4) (5) the person violates subdivision 1 or 1a while a
child under the age of 16 is in the vehicle, if the child is more than 36 months
younger than the violator.
(d) (e) The attorney in the jurisdiction in which the
violation occurred who is responsible for prosecution of misdemeanor violations
of this section shall also be responsible for prosecution of gross misdemeanor
and enhanced gross misdemeanor violations of this
section.
(e) (f) The court must impose consecutive sentences when it
sentences a person for a violation of this section or section 169.129 arising
out of separate behavioral incidents. The court also must impose a consecutive
sentence when it sentences a person for a violation of this section or section
169.129 and the person, at the time of sentencing, is on probation for, or
serving, an executed sentence for a violation of this section or section 169.129
and the prior sentence involved a separate behavioral incident. The court also
may order that the sentence imposed for a violation of this section or section
169.129 shall run consecutively to a previously imposed misdemeanor, gross
misdemeanor or felony sentence for a violation other than this section or
section 169.129.
(f) (h) The court may impose consecutive sentences for
offenses arising out of a single course of conduct as permitted in section
609.035, subdivision 2.
(g) (i) When an attorney responsible for prosecuting gross
misdemeanors or enhanced gross misdemeanors under
this section requests criminal history information relating to prior impaired
driving convictions from a court, the court must furnish the information without
charge.
(h) (j) A violation of subdivision 1a may be prosecuted
either in the jurisdiction where the arresting officer observed the defendant
driving, operating, or in control of the motor vehicle or in the jurisdiction
where the refusal occurred.
HABITUAL
OFFENDERS; CHEMICAL USE ASSESSMENT.] The court must
order a person to submit to the level of care recommended in the chemical use
assessment if a the
person has been convicted under of violating:
subdivision 1a, clause (g);
or
, and if the person
is then convicted of violating subdivision 1, subdivision 1a, section 169.129,
or an ordinance in conformity with any of them (1) once:
the first a prior impaired
driving conviction or (2) two or more times a prior license revocation; or
after the first conviction, the court must order the person
to submit to the level of care recommended in the chemical use assessment
required under section 169.126 of two or more prior
impaired driving convictions, two or more prior license revocations, or a prior
impaired driving conviction and a prior license revocation, based on separate
incidents.
misdemeanor or gross
misdemeanor violation of this section, it shall inform the defendant of the
statutory provisions that provide for enhancement of criminal penalties for
repeat violators. The failure of a court to provide this information to a
defendant does not affect the future applicability of these enhanced penalties
to that defendant.
:, not less than 30 days;
:, not less than 90 days;
an offense occurring
a violation of subdivision 1, clause (g), any time after
a prior impaired driving conviction or a prior license revocation, not less than
one year, together with denial under section 171.04, subdivision 1, clause (9),
until rehabilitation is established in accordance with standards established by
the commissioner;
or, two
prior license revocations:,
or a prior impaired driving conviction and a prior license revocation, based on
separate incidents, not less than one year, together with denial under
section 171.04, subdivision 1, clause (8) (9), until rehabilitation is established in accordance
with standards established by the commissioner;
(5) (6) for an offense
occurring a violation of subdivision 1, clause (g),
any time after two or more prior impaired driving convictions, two or more prior
license revocations, or a prior impaired driving conviction and a prior license
revocation, based on separate incidents, not less than two years, together with
denial under section 171.04, subdivision 1, clause (9), until rehabilitation is
established in accordance with standards established by the commissioner; or
:, or any
combination of three or more prior impaired driving convictions and prior
license revocations, based on separate incidents, not less than two years,
together with denial under section 171.04, subdivision 1, clause (8) (9), until
rehabilitation is established in accordance with standards established by the
commissioner.
is was under the age of 21
years at the time of the violation, the commissioner
of public safety shall revoke the offender's driver's license or operating
privileges for a period of six months or for the appropriate period of time
under paragraph (a), clauses (1) to (5) (7), for the offense committed, whichever is the
greatest period.
(4) (5), (child endangerment), any person whose license has
been revoked pursuant to section 169.123 as the result of the same incident, and
who does not have a prior impaired driving conviction or prior license
revocation within the previous ten years, is subject
to the mandatory revocation provisions of paragraph (a), clause (1) or (2), in
lieu of the mandatory revocation provisions of section 169.123.
(f) As used in this subdivision,
the terms "prior impaired driving conviction" and "prior license revocation"
have the meanings given in subdivision 3, paragraph (a).
(3) (4) in an action for license reinstatement under
section 171.19; or
(4) (5) in a prosecution or juvenile court proceeding
concerning a violation of section 169.1218 or
340A.503, subdivision 1, paragraph (a), clause (2);
does not include a snowmobile as defined in section 84.81,
or an all-terrain vehicle as defined in section 84.92. This subdivision does not
prevent the commissioner of public safety from recording on driving records
violations involving snowmobiles and all-terrain vehicles includes off-road recreational vehicles and motorboats.
CRIME CRIMES.] (a) It is a misdemeanor crime for any
person to drive, operate, or be in physical control of any commercial motor
vehicle within this state or upon the ice of any boundary water of this state:
or
COMMISSION OF DESIGNATED OFFENSES AND LICENSE REVOCATIONS.]
violation
of a designated offense or to require a test under
section 169.123.
, or an ordinance from this state or a statute or ordinance from another
state in conformity with it, or 169.129:
(1) (i) within five years of three two prior impaired
driving convictions or three, two prior license revocations, or one prior impaired driving conviction and one prior
license revocation, based on separate incidents;
(2) (ii) within 15 years of the
first of four three or more prior impaired
driving convictions or the first of four, three or more prior license revocations, or any combination of three or more prior impaired
driving convictions and prior license revocations, based on separate
incidents;
(3) (iii) by a person whose driver's license or driving
privileges have been canceled under section 171.04, subdivision 1, clause (8) (9); or
(4) (iv) by a person who is subject to a restriction on the
person's driver's license under section 171.09 which provides that the person
may not use or consume any amount of alcohol or a controlled substance.; or
"Designated offense" also
includes a violation of (2) section 169.121,
subdivision 3, paragraph (c), clause (4) (5):
(1) (i) within five years of two a prior impaired
driving convictions conviction or two a prior license revocations
based on separate incidents revocation; or
(2) (ii) within 15 years of the
first of three two or more prior impaired
driving convictions or the first of three, two or more prior license revocations, or a prior impaired driving conviction and a prior
license revocation, based on separate incidents.
(c) (d) "Motor vehicle" and "vehicle" have the meaning
given "motor vehicle" in section 169.121, subdivision 11. The terms do not
include a vehicle which is stolen or taken in violation of the law.
(d) (e) "Owner" means the registered owner of the motor
vehicle according to records of the department of public safety and includes a
lessee of a motor vehicle if the lease agreement has a term of 180 days or more.
(e) (f) "Prior impaired driving conviction" has the meaning
given it in section 169.121, subdivision 3. A prior impaired driving conviction
also includes a prior juvenile adjudication that would have been a prior
impaired driving conviction if committed by an adult.
(f) (g) "Prior license revocation" has the meaning given it
in section 169.121, subdivision 3.
(g) (h) "Prosecuting authority" means the attorney in the
jurisdiction in which the designated offense occurred who is responsible for
prosecuting violations of a designated offense.
(3),
the prosecuting authority must institute a forfeiture action under this section
as soon as is reasonably possible.
or
is subject to forfeiture under this
subdivision or used in conduct resulting in a
designated license revocation.
and specifying that it was
used in the commission of a designated offense or was
used in conduct resulting in a designated license revocation, and specifying
the time and place of its unlawful use. If the person charged with a designated
offense appears in court as required and is not convicted of the offense, the
court shall dismiss the complaint against the vehicle and order the property
returned to the person legally entitled to it. Likewise,
if a designated license revocation is rescinded under section 169.123,
subdivision 5a or 6, the court shall dismiss the complaint against the vehicle
and order the property returned to the person legally entitled to it. If the
lawful ownership of the vehicle used in the commission of a designated offense
or used in conduct resulting in a designated license
revocation can be determined and it is found the owner was not privy to
commission of a designated offense or was not privy to
the conduct resulting in the designated license revocation, the vehicle
shall be returned immediately.
it shall order the appropriate agency to shall:
treasury of the political subdivision that employs the
appropriate agency responsible for the forfeiture for use in DWI-related
enforcement, training and education. If the appropriate
agency is an agency of state government, the net proceeds must be forwarded to
the state treasury and credited to the general fund These proceeds shall be in addition to and shall not
directly displace other funds in the appropriate agency's budget.
or (4)
police officer of any municipality, including towns having powers under section
368.01, or county, and (5) for purposes of violations of
those sections in or on an off-road recreational vehicle or motorboat, a state
conservation officer.
or
0.10 0.08 or more; or
The person tested has the right to have someone
of the person's own choosing administer a chemical test or tests in addition to
any administered at the direction of a peace officer; provided, that the
additional test sample on behalf of the person is obtained at the place where
the person is in custody, after the test administered at the direction of a
peace officer, and at no expense to the state.
The failure or inability to
obtain an additional test or tests by a person shall not preclude the admission
in evidence of the test taken at the direction of a peace officer unless the
additional test was prevented or denied by the peace officer.
(c) The physician, medical
technician, physician's trained mobile intensive care paramedic, medical
technologist, laboratory assistant or registered nurse drawing blood at the
request of a peace officer for the purpose of determining the concentration of
alcohol, controlled substances, or hazardous substances shall in no manner be
liable in any civil or criminal action except for negligence in drawing the
blood. The person administering a breath test shall be fully trained in the
administration of breath tests pursuant to training given by the commissioner of
public safety.
and, the results of that test
shall be reported to the commissioner of public safety and to the authority
having responsibility for prosecution of misdemeanor offenses for the
jurisdiction in which the acts occurred, if the test results indicate:
0.10 0.08 or more;
, or if a person was driving,
operating, or in physical control of a commercial motor vehicle and the test
results indicate an alcohol concentration of 0.04 or more, the results of the
test shall be reported to the commissioner of public safety and to the authority
having responsibility for prosecution of misdemeanor offenses for the
jurisdiction in which the acts occurred.
0.10 0.08 or more; an alcohol concentration of 0.04 or more, if the person
is under the age of 21 years at the time of the violation; or the presence
of a controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols,
0.10 0.08 or more; or
shall must:
. The petition must;
. The petition shall; and
(9) (11):
0.10 0.08 or more; or
:
(i) by a person driving,
operating, or in physical control of a motor vehicle, did the test results
indicate at the time of testing:
0.10 0.08 or more at the time of testing;
; or?
(ii) (10) If a test was taken by a person driving,
operating, or in physical control of a commercial motor vehicle, did the test
results indicate an alcohol concentration of 0.04 or more at the time of
testing?
(9) (11) Was the testing method used valid and reliable and
were the test results accurately evaluated?
or, 169.1211, 169.129, or 360.0752; or
a driving test an
examination and proof of compliance with any terms of alcohol treatment or
counseling previously prescribed, if any; and (2) any other requirements imposed
by the commissioner and applicable to that particular case. The commissioner
shall notify the owner of a motor vehicle subject to an impoundment order under
section 168.041 as a result of the violation of the procedures for obtaining new
registration plates, if the owner is not the violator. The commissioner shall
also notify the person that if driving is resumed without reinstatement of
driving privileges or without valid registration plates and registration
certificate, the person will be subject to criminal penalties.
is
guilty of a gross misdemeanor who drives, operates, or is to drive, operate, or be in physical control of a motor
vehicle, the operation of which requires a driver's license, within this state
or upon the ice of any boundary water of this state in violation of section
169.121 or an ordinance in conformity with it before the person's driver's
license or driver's driving privilege has been reinstated following its
cancellation, suspension, revocation, disqualification, or denial under any of the following:
609.21,
subdivision 2, clauses (2) to (6); 609.21,
subdivision 2a, clauses (2) to (6); 609.21,
subdivision 2b, clauses (2) to (6); 609.21,
subdivision 3, clauses (2) to (6); or 609.21,
subdivision 4, clauses (2) to (6).
or canceled, or disqualified by the commissioner, except where the
license is revoked or disqualified under section
169.123, may file a petition for a hearing in the matter in the district court
in the county wherein such person shall reside and, in the case of a
nonresident, in the district court in any county, and such court is hereby
vested with jurisdiction, and it shall be its duty, to set the matter for
hearing upon 15 days' written notice to the commissioner, and thereupon to take
testimony and examine into the facts of the case to determine whether the
petitioner is entitled to a license or is subject to revocation, suspension,
cancellation, disqualification, or refusal of
license, and shall render judgment accordingly. The petition shall be heard by
the court without a jury and may be heard
$20 fee before the license is
reinstated of $25.25 until June 30, 1999, and $20
thereafter. When this fee is collected by a county-operated office of deputy
registrar, a $3.50 handling charge is imposed. The handling charge must be
deposited in the treasury of the place for which the deputy registrar was
appointed and the $20 reinstatement fee must be
deposited in an approved state depository as directed under section 168.33,
subdivision 2. A suspension may be rescinded without fee for good cause.
Any (a) A person subject to this code who shall be punished as a
court-martial may direct if the person:
actual physical
control of any vehicle or aircraft while under the influence of an alcoholic
beverage or narcotic drug or a combination thereof or
whose blood contains 0.10 percent;
by weight of alcohol;
who
said the vehicle or
aircraft in a reckless or wanton manner, shall be
punished as a court-martial may direct.
or
to eligibility for special transportation service endorsements; or to eligibility for a commercial driver training
instructor license, which is governed by section 171.35 and rules adopted under
that section. This chapter also shall not apply to eligibility for juvenile
corrections employment, where the offense involved child physical or sexual
abuse or criminal sexual conduct.
one year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the last
one year.
(c) (d) If the conviction is for a gross misdemeanor not
specified in paragraph (b) (c), the stay shall be for not more than two years.
(d) (e) If the conviction is for any misdemeanor under
section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a misdemeanor
under section 609.2242 or 609.224, subdivision 1, in which the victim of the
crime was a family or household member as defined in section 518B.01, the stay
shall be for not more than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
(e) (f) If the conviction is for a misdemeanor not
specified in paragraph (d) (e), the stay shall be for not more than one year.
(f) (g) The defendant shall be discharged six months after
the term of the stay expires, unless the stay has been revoked or extended under
paragraph (g) (h), or
the defendant has already been discharged.
(g) (h) Notwithstanding the maximum periods specified for
stays of sentences under paragraphs (a) to (f) (g), a court may extend a defendant's term of probation
for up to one year if it finds, at a hearing conducted under subdivision 1a,
that:
0.10 0.08 or more;
0.10 0.08 or more, as
measured within two hours of the time of driving;
(5) (6) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) (7) in a negligent manner while any amount of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols, is present in the person's body; or
(7) (8) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09, subdivision 1 or 6.
0.10 0.08 or more;
0.10 0.08 or more, as
measured within two hours of the time of driving;
(5) (6) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) (7) in a negligent manner while any amount of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols, is present in the person's body; or
(7) (8) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09, subdivision 1 or 6.
0.10 0.08 or more;
0.10 0.08 or more, as
measured within two hours of the time of driving;
(5) (6) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) (7) in a negligent manner while any amount of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols, is present in the person's body; or
(7) (8) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09, subdivision 1 or 6.
0.10 0.08 or more;
0.10 0.08 or more, as
measured within two hours of the time of driving;
(5) (6) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) (7) in a negligent manner while any amount of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols, is present in the person's body; or
(7) (8) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09, subdivision 1 or 6.
0.10 0.08 or more;
0.10 0.08 or more, as
measured within two hours of the time of driving;
(5) (6) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) (7) in a negligent manner while any amount of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols, is present in the person's body; or
(7) (8) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09, subdivision 1 or 6.
0.10 0.08 or more;
0.10 0.08 or more, as
measured within two hours of the time of driving;
(5) (6) in a negligent manner while knowingly under the
influence of a hazardous substance;
(6) (7) in a negligent manner while any amount of a
controlled substance listed in schedule I or II, other than marijuana or
tetrahydrocannabinols, is present in the person's body; or
(7) (8) where the driver who causes the accident leaves the
scene of the accident in violation of section 169.09, subdivision 1 or 6.
INTRODUCTION AND FIRST READING OF HOUSE BILLS
| Abrams | Erhardt | Kahn | McCollum | Peterson | Swenson, H. |
| Anderson, B. | Evans | Kalis | McElroy | Pugh | Sykora |
| Anderson, I. | Farrell | Kelso | McGuire | Rest | Tingelstad |
| Bakk | Finseth | Kielkucki | Milbert | Reuter | Tomassoni |
| Bettermann | Folliard | Kinkel | Molnau | Rhodes | Tompkins |
| Biernat | Garcia | Knoblach | Mulder | Rifenberg | Trimble |
| Boudreau | Greenfield | Koppendrayer | Mullery | Rostberg | Tunheim |
| Bradley | Greiling | Koskinen | Munger | Rukavina | Van Dellen |
| Broecker | Gunther | Kraus | Murphy | Schumacher | Vickerman |
| Carlson | Haas | Kubly | Ness | Seagren | Wagenius |
| Chaudhary | Harder | Larsen | Nornes | Seifert | Weaver |
| Clark | Hasskamp | Leighton | Olson, E. | Sekhon | Wejcman |
| Commers | Hausman | Leppik | Opatz | Skare | Wenzel |
| Daggett | Hilty | Lieder | Osskopp | Skoglund | Westfall |
| Davids | Holsten | Long | Osthoff | Slawik | Westrom |
| Dawkins | Huntley | Luther | Otremba | Smith | Winter |
| Dehler | Jaros | Macklin | Ozment | Solberg | Wolf |
| Delmont | Jefferson | Mahon | Paulsen | Stanek | Spk. Carruthers |
| Dempsey | Jennings | Mares | Pawlenty | Stang | |
| Dorn | Johnson, A. | Mariani | Paymar | Sviggum | |
| Entenza | Juhnke | Marko | Pelowski | Swenson, D. | |
Those who voted in the negative were:
| Knight | Krinkie | Kuisle | Lindner | Olson, M. | Tuma |
The bill was repassed, as amended by the Senate, and its
title agreed to.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in
the House amendments to the following Senate File:
S. F. No. 78, A bill for an act relating to elections;
changing certain absentee ballot provisions; amending Minnesota Statutes 1996,
sections 203B.02, subdivision 1; 203B.03, subdivision 1; 203B.04, subdivision 1;
203B.06, subdivision 3; 203B.07, subdivision 2; 203B.11, by adding a
subdivision; and 203B.12, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 203B.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The Senate has appointed as such committee:
Mr. Marty; Mrs. Scheid and Mr. Frederickson.
Said Senate File is herewith transmitted to the House
with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Osthoff moved that the House accede to the request of
the Senate and that the Speaker appoint a Conference Committee of 3 members of
the House to meet with a like committee appointed by the Senate on the
disagreeing votes of the two houses on S. F. No. 78. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in
the House amendments to the following Senate File:
S. F. No. 960, A bill for an act relating to health
care; prohibiting contracts that restrict communication between providers and
their patients; requiring certain disclosures; requiring health plan companies
to provide continuity of care and access to specialty care for certain
enrollees; prohibiting certain exclusive arrangements; modifying dispute
resolution provisions; requiring identification of health care providers;
requiring emergency services coverage; establishing a consumer advisory board;
amending Minnesota Statutes 1996, sections 62Q.105, subdivision 1; 62Q.30;
181.932, subdivision 1; and 214.16, subdivisions 1 and 3; proposing coding for
new law in Minnesota Statutes, chapters 62J; 62Q; and 144.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The Senate has appointed as such committee:
Ms. Berglin; Mr. Morse; Mses. Kiscaden and Wiener; and
Mr. Terwilliger.
Said Senate File is herewith transmitted to the House
with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Wejcman moved that the House accede to the request of
the Senate and that the Speaker appoint a Conference Committee of 5 members of
the House to meet with a like committee appointed by the Senate on the
disagreeing votes of the two houses on S. F. No. 960. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned, as amended by the Senate, in which
amendments the concurrence of the House is respectfully requested:
H. F. No. 1370, A bill for an act relating to excavation
notification; requiring notice of underground facilities in drawings for bid
specifications or plans; amending Minnesota Statutes 1996, section 216D.04, by
adding a subdivision.
Patrick E. Flahaven, Secretary of the Senate
Anderson, I., moved that the House refuse to concur in
the Senate amendments to H. F. No. 1370, that the Speaker appoint a Conference
Committee of 3 members of the House, and that the House requests that a like
committee be appointed by the Senate to confer on the disagreeing votes of the
two houses. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in
the House amendments to the following Senate File:
S. F. No. 254, A bill for an act relating to natural
resources; modifying certain fish habitat and propagation provisions;
authorizing the commissioner to establish special hunts for youth; permitting
youth residents to hunt deer without a license tag; authorizing rules to
restrict airboats; modifying provisions relating to taking minnows; authorizing
the commissioner to sell merchandise; providing purposes for the game and fish
fund; modifying stamp provisions; modifying the procedure for vacating or
modifying a state game refuge; defining terms; prohibiting airboats on certain
lakes; permitting persons 65 years of age or older to take certain game with a
crossbow; establishing shooting hours for migratory game birds; modifying
license provisions; modifying personal watercraft provisions; requiring personal
watercraft safety certificate; requiring snowmobile state trail permit;
requiring snowmobile safety certificate; modifying recreational motor vehicle
provisions; modifying special license plate provisions; establishing firearms
safety pilot program; requiring reports; providing criminal penalties;
appropriating money; amending Minnesota Statutes 1996, sections 17.4982, by
adding subdivisions; 17.4983, by adding a subdivision; 17.4998; 84.0855; 84.82,
subdivisions 2 and 3; 84.87, subdivision 2; 84.872, by adding a subdivision;
84.873; 86B.313, subdivisions 1, 3, 4, and by adding a subdivision; 97A.015,
subdivisions 49, 53, and by adding a subdivision; 97A.045, subdivision 7;
97A.055, subdivision 1; 97A.075, subdivision 3; 97A.085, subdivision 8; 97A.101,
by adding a subdivision; 97A.411, subdivisions 1 and 3; 97A.421, subdivision 1;
97A.465, subdivision 4; 97A.485, subdivision 9, and by adding a subdivision;
97B.035, subdivision 1; 97B.075; 97B.106; 97B.301, subdivision 6; 97B.655,
subdivision 1; 97B.805, subdivision 2; 97C.035, subdivision 1; 97C.211,
subdivision 1, and by adding a subdivision; 97C.505, by adding a subdivision;
168.1291; 168.1296, subdivision 1; 296.16, subdivision 1; and 609.487, by adding
a subdivision; proposing coding for new law in Minnesota Statutes, chapters 84;
and 97B; repealing Minnesota Statutes 1996, section 97A.111.
The Senate respectfully requests that a Conference
Committee be appointed thereon. The Senate has appointed as such committee:
Messrs. Frederickson; Lessard; Stumpf; Mrs. Pariseau and
Ms. Krentz.
Said Senate File is herewith transmitted to the House
with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary of the Senate
Milbert moved that the House accede to the request of
the Senate and that the Speaker appoint a Conference Committee of 5 members of
the House to meet with a like committee appointed by the Senate on the
disagreeing votes of the two houses on S. F. No. 254. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the
following House File, herewith returned, as amended by the Senate, in which
amendments the concurrence of the House is respectfully requested:
H. F. No. 254, A bill for an act relating to courts;
providing for open juvenile court hearings in certain proceedings; providing
certain juvenile records are open to public inspection as provided by the rules
of juvenile court; amending Minnesota Statutes 1996, sections 260.155,
subdivision 1; and 260.161, subdivision 2.
Patrick E. Flahaven, Secretary of the Senate
Skoglund moved that the House refuse to concur in the
Senate amendments to H. F. No. 254, that the Speaker appoint a Conference
Committee of 3 members of the House, and that the House requests that a like
committee be appointed by the Senate to confer on the disagreeing votes of the
two houses. The motion prevailed.
Mr. Speaker:
I hereby announce the passage by the Senate of the
following Senate Files, herewith transmitted:
S. F. Nos. 418 and 900.
Patrick E. Flahaven, Secretary of the Senate
S. F. No. 418, A bill for an act relating to state
agencies; providing that for certain contracts the design-build method of
construction may be used; amending Minnesota Statutes 1996, sections 16B.31,
subdivision 1; and 16B.33, subdivision 1.
The bill was read for the first time and referred to the
Committee on Capital Investment.
S. F. No. 900, A bill for an act relating to
environment; amending provisions regulating toxics in packaging; regulating
contents of certain products; establishing an advisory council; amending
Minnesota Statutes 1996, sections 115A.965, subdivisions 3, 7, and by adding a
subdivision; and 115A.9651; repealing Minnesota Statutes 1996, section 115A.965,
subdivision 6.
The bill was read for the first time.
Wagenius moved that S. F. No. 900 and H. F. No. 947, now
on General Orders, be referred to the Chief Clerk for comparison. The motion
prevailed.
The Speaker announced the appointment of the following
members of the House to a Conference Committee on S. F. No. 566:
Delmont, Jennings and Wolf.
The following Conference Committee Report was received:
A bill for an act relating to the metropolitan council;
providing for appointment, discharge, and discipline of metropolitan transit
police peace officers; amending Minnesota Statutes 1996, sections 473.125;
473.407, subdivision 4; and 626.84, subdivision 1.
May 1, 1997
The Honorable Phil Carruthers
Speaker of the House of Representatives
The Honorable Allan H. Spear
President of the Senate
We, the undersigned conferees for H. F. No. 282, report
that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H.
F. No. 282 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 1996, section 473.125, is
amended to read:
473.125 [REGIONAL ADMINISTRATOR.]
The metropolitan council shall appoint a regional
administrator to serve at the council's pleasure as the principal administrative
officer for the metropolitan council. The regional administrator shall organize
the work of the council staff. The regional administrator shall appoint on the
basis of merit and fitness, and discipline and discharge all employees in
accordance with the council's personnel policy, except (1) the performance and
budget analysts provided for in section 473.123, subdivision 7, (2) the general
counsel, as provided in section 473.123, subdivision 8, (3) employees of the
offices of wastewater services and transit operations, who are appointed,
disciplined, and discharged in accordance with council personnel policies by
their respective operations managers, and (4) Sec. 2. Minnesota Statutes 1996, section 473.407,
subdivision 4, is amended to read:
Subd. 4. [CHIEF LAW ENFORCEMENT OFFICER.] The paragraph (f), except that the Sec. 3. Minnesota Statutes 1996, section 473.407, is
amended by adding a subdivision to read:
Subd. 4a. [EXCEPTION.] Subdivision 4 does not apply to part-time officers employed
by the metropolitan council transit police prior to January 1, 1998, who were
full-time employees of another police department upon the date the officer was
hired by the metropolitan council transit police and who subsequently
voluntarily separated from the full-time position before January 1, 1998.
Sec. 4. Minnesota Statutes 1996, section 626.84,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of sections
626.84 to 626.863, the following terms have the meanings given them:
(a) "Board" means the board of peace officer standards
and training.
(b) "Director" means the executive director of the
board.
(c) "Peace officer" means an employee or an elected or
appointed official of a political subdivision or law enforcement agency who is
licensed by the board, charged with the prevention and detection of crime and
the enforcement of the general criminal laws of the state and who has the full
power of arrest, and shall also include the Minnesota state patrol, agents of
the division of gambling enforcement, (d) "Constable" has the meaning assigned to it in
section 367.40.
(e) "Deputy constable" has the meaning assigned to it in
section 367.40.
(f) "Part-time peace officer" means an individual
licensed by the board whose services are utilized by law enforcement agencies no
more than an average of 20 hours per week, not including time spent on call when
no call to active duty is received, calculated on an annual basis, who has
either full powers of arrest or authorization to carry a firearm while on active
duty. The term shall apply even though the individual receives no compensation
for time spent on active duty, and shall apply irrespective of the title
conferred upon the individual by any law enforcement agency. The limitation on
the average number of hours in which the services of a part-time peace officer
may be utilized shall not apply to a part-time peace officer who has formally
notified the board pursuant to rules adopted by the board of the part-time peace
officer's intention to pursue the specialized training for part-time peace
officers who desire to become peace officers pursuant to sections 626.843,
subdivision 1, clause (g), and 626.845, subdivision 1, clause (g).
(g) "Reserve officer" means an individual whose services
are utilized by a law enforcement agency to provide supplementary assistance at
special events, traffic or crowd control, and administrative or clerical
assistance. A reserve officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full powers of arrest
or authorization to carry a firearm on duty.
(h) "Law enforcement agency" means a unit of state or
local government that is authorized by law to grant full powers of arrest and to
charge a person with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state.
(i) "Professional peace officer education" means a
post-secondary degree program, or a nondegree program for persons who already
have a college degree, that is offered by a college or university in Minnesota,
designed for persons seeking licensure as a peace officer, and approved by the
board.
Sec. 5. [APPLICATION.]
as
provided in Laws 1994, chapter 628, articles 2, sections 3 and 4 metropolitan transit police officers. The regional
administrator must ensure that all policy decisions of the council are carried
out. The regional administrator shall attend meetings of the council and may
take part in discussions but may not vote. The regional administrator shall
recommend to the council for adoption measures deemed necessary for efficient
administration of the council, keep the council fully apprised of the financial
condition of the council, and prepare and submit an annual budget to the council
for approval. The regional administrator shall prepare and submit for approval
by the council an administrative code organizing and codifying the policies of
the council, and perform other duties as prescribed by the council. The regional
administrator may be chosen from among the citizens of the nation at large, and
shall be selected on the basis of training and experience in public
administration.
council regional
administrator shall appoint a peace officer employed full time to be the
chief law enforcement officer and to be responsible for the management of the law enforcement agency metropolitan transit police. The person chief law enforcement
officer shall possess the necessary police and management experience and have the title of chief of metropolitan transit police
services to manage a law enforcement agency. The
chief law enforcement officer may appoint, discipline, and discharge all transit
police personnel. All other police management managerial and
supervisory personnel must be employed full-time by the council employees of the metropolitan transit police.
Supervisory personnel must be on duty and available any time transit police are
on duty. The council chief
law enforcement officer may not hire part-time peace officers as defined in
section 626.84, subdivision 1,
council chief may appoint
peace officers to work on a part-time basis not to exceed 30 full-time
equivalents. A part-time officer must maintain an active
peace officer license with the officer's full-time law enforcement employer.
and state
conservation officers, and metropolitan transit police
officers.
| Anderson, B. | Farrell | Kelso | Marko | Paymar | Swenson, D. |
| Anderson, I. | Finseth | Kielkucki | McCollum | Pelowski | Swenson, H. |
| Bakk | Folliard | Kinkel | McElroy | Peterson | Sykora |
| Bettermann | Garcia | Knight | McGuire | Pugh | Tingelstad |
| Biernat | Greenfield | Knoblach | Milbert | Rest | Tomassoni |
| Boudreau | Greiling | Koppendrayer | Molnau | Reuter | Tompkins |
| Bradley | Gunther | Koskinen | Mulder | Rhodes | Trimble |
| Broecker | Haas | Kraus | Mullery | Rifenberg | Tuma |
| Carlson | Harder | Krinkie | Munger | Rostberg | Tunheim |
| Chaudhary | Hasskamp | Kubly | Murphy | Rukavina | Van Dellen |
| Clark | Hausman | Kuisle | Ness | Schumacher | Vickerman |
| Commers | Hilty | Larsen | Nornes | Seagren | Wagenius |
| Daggett | Holsten | Leighton | Olson, E. | Seifert | Weaver |
| Davids | Huntley | Leppik | Olson, M. | Sekhon | Wejcman |
| Dawkins | Jaros | Lieder | Opatz | Skare | Wenzel |
| Dehler | Jefferson | Lindner | Orfield | Skoglund | Westfall |
| Delmont | Jennings | Long | Osskopp | Slawik | Westrom |
| Dempsey | Johnson, A. | Luther | Osthoff | Smith | Winter |
| Dorn | Johnson, R. | Macklin | Otremba | Solberg | Wolf |
| Entenza | Juhnke | Mahon | Ozment | Stanek | Spk. Carruthers |
| Erhardt | Kahn | Mares | Paulsen | Stang | |
| Evans | Kalis | Mariani | Pawlenty | Sviggum | |
The bill was repassed, as amended by Conference, and its title agreed to.
REPORT FROM THE COMMITTEE ON RULES AND
LEGISLATIVE ADMINISTRATION
Winter, from the Committee on Rules and Legislative Administration, pursuant to rule 1.09, designated the following bills as Special Orders to be acted upon today:
H. F. No. 892; S. F. No. 637; and H. F. No. 632.
H. F. No. 892 was reported to the House.
Rukavina moved to amend H. F. No. 892 as follows:
Page 1, line 22, delete "$5" and insert "$5.40"; delete "April" and insert "September"; delete ", and"
Page 1, line 23, delete everything before the period
Page 1, line 24, delete "$4.75" and insert "$5.15"
Page 2, line 1, delete "April" and insert "September"; delete everything after "1997"
Page 2, line 2, delete everything before the period
Page 2, line 9, delete "April" and insert "September"
The motion prevailed and the amendment was adopted.
On the motion of Winter and on the demand of 10 members, a call of the House was ordered. The following members answered to their names:
| Abrams | Farrell | Knight | Milbert | Rest | Tomassoni |
| Anderson, B. | Finseth | Knoblach | Molnau | Reuter | Tompkins |
| Anderson, I. | Folliard | Koskinen | Mulder | Rhodes | Trimble |
| Bettermann | Garcia | Kraus | Mullery | Rifenberg | Tuma |
| Biernat | Greenfield | Krinkie | Munger | Rostberg | Tunheim |
| Bishop | Gunther | Kubly | Murphy | Rukavina | Van Dellen |
| Boudreau | Haas | Kuisle | Ness | Seagren | Vickerman |
| Bradley | Harder | Larsen | Nornes | Seifert | Wagenius |
| Broecker | Hasskamp | Leighton | Olson, M. | Sekhon | Weaver |
| Carlson | Hausman | Leppik | Opatz | Skare | Wejcman |
| Chaudhary | Hilty | Lieder | Orfield | Skoglund | Wenzel |
| Clark | Huntley | Lindner | Osskopp | Slawik | Westfall |
| Commers | Jefferson | Luther | Osthoff | Smith | Westrom |
| Daggett | Jennings | Macklin | Otremba | Solberg | Winter |
| Davids | Johnson, A. | Mahon | Ozment | Stanek | Wolf |
| Dehler | Johnson, R. | Mares | Paulsen | Stang | Workman |
| Delmont | Juhnke | Mariani | Pawlenty | Sviggum | Spk. Carruthers |
| Dempsey | Kahn | Marko | Paymar | Swenson, D. | |
| Dorn | Kalis | McCollum | Pelowski | Swenson, H. | |
| Erhardt | Kielkucki | McElroy | Peterson | Sykora | |
| Evans | Kinkel | McGuire | Pugh | Tingelstad | |
| Abrams | Finseth | Kraus | Mulder | Seifert | Vickerman |
| Bettermann | Gunther | Krinkie | Ness | Stanek | Weaver |
| Bishop | Haas | Kuisle | Nornes | Stang | Westfall |
| Boudreau | Harder | Larsen | Paulsen | Sviggum | Westrom |
| Bradley | Holsten | Leppik | Pawlenty | Swenson, D. | Wolf |
| Broecker | Jennings | Lindner | Reuter | Swenson, H. | Workman |
| Commers | Kielkucki | Macklin | Rhodes | Sykora | |
| Daggett | Knight | Mares | Rifenberg | Tingelstad | |
| Dempsey | Knoblach | McElroy | Rostberg | Tompkins | |
| Erhardt | Koppendrayer | Molnau | Seagren | Van Dellen | |
Those who voted in the negative were:
| Anderson, B. | Evans | Johnson, R. | Mariani | Osthoff | Slawik |
| Anderson, I. | Farrell | Juhnke | Marko | Otremba | Smith |
| Bakk | Folliard | Kahn | McCollum | Ozment | Solberg |
| Biernat | Garcia | Kalis | McGuire | Paymar | Tomassoni |
| Carlson | Greenfield | Kelso | Milbert | Pelowski | Trimble |
| Chaudhary | Greiling | Kinkel | Mullery | Peterson | Tuma |
| Clark | Hasskamp | Koskinen | Munger | Pugh | Tunheim |
| Davids | Hausman | Kubly | Murphy | Rest | Wagenius |
| Dawkins | Hilty | Leighton | Olson, E. | Rukavina | Wejcman |
| Dehler | Huntley | Lieder | Olson, M. | Schumacher | Wenzel |
| Delmont | Jaros | Long | Opatz | Sekhon | Winter |
| Dorn | Jefferson | Luther | Orfield | Skare | Spk. Carruthers |
| Entenza | Johnson, A. | Mahon | Osskopp | Skoglund | |
The motion did not prevail and the amendment was not adopted.
H. F. No. 892, A bill for an act relating to wages; raising the minimum wage; amending Minnesota Statutes 1996, section 177.24, subdivision 1.
The bill was read for the third time, as amended, and
placed upon its final passage.
The question was taken on the passage of the bill and
the roll was called. There were 76 yeas and 56 nays as follows:
Those who voted in the affirmative were:
| Anderson, I. | Garcia | Kahn | McCollum | Paymar | Smith |
| Bakk | Greenfield | Kalis | McGuire | Pelowski | Solberg |
| Biernat | Greiling | Kelso | Milbert | Peterson | Tomassoni |
| Carlson | Hasskamp | Kinkel | Mullery | Pugh | Trimble |
| Chaudhary | Hausman | Koskinen | Munger | Rest | Tuma |
| Clark | Hilty | Kubly | Murphy | Rhodes | Tunheim |
| Dawkins | Huntley | Leighton | Olson, E. | Rostberg | Wagenius |
| Delmont | Jaros | Lieder | Opatz | Rukavina | Wejcman |
| Dorn | Jefferson | Long | Orfield | Schumacher | Wenzel |
| Entenza | Jennings | Luther | Osskopp | Sekhon | Winter |
| Evans | Johnson, A. | Mahon | Osthoff | Skare | Spk. Carruthers |
| Farrell | Johnson, R. | Mariani | Otremba | Skoglund | |
| Folliard | Juhnke | Marko | Ozment | Slawik | |
Those who voted in the negative were:
| Abrams | Dempsey | Koppendrayer | Molnau | Seifert | Vickerman |
| Anderson, B. | Erhardt | Kraus | Mulder | Stanek | Weaver |
| Bettermann | Finseth | Krinkie | Ness | Stang | Westfall |
| Boudreau | Gunther | Kuisle | Nornes | Sviggum | Westrom |
| Bradley | Haas | Larsen | Olson, M. | Swenson, D. | Wolf |
| Broecker | Harder | Leppik | Paulsen | Swenson, H. | Workman |
| Commers | Holsten | Lindner | Pawlenty | Sykora | |
| Daggett | Kielkucki | Macklin | Reuter | Tingelstad | |
| Davids | Knight | Mares | Rifenberg | Tompkins | |
| Dehler | Knoblach | McElroy | Seagren | Van Dellen | |
The bill was passed, as amended, and its title agreed to.
S. F. No. 637 was reported to the House.
Jefferson moved to amend S. F. No. 637, the unofficial engrossment, as follows:
Page 88, line 13, delete the first "of"
Page 89, line 8, strike "two" and insert "four"
Page 89, line 16, strike "32" and insert "34"
The motion prevailed and the amendment was adopted.
Solberg and Jefferson moved to amend S. F. No. 637, the unofficial engrossment, as amended, as follows:
Page 65, after line 11, insert:
"Sec. 63. Laws 1996, chapter 448, article 1, section 3, is amended to read:
Sec. 3. [EFFECTIVE DATE.]
| Anderson, B. | Davids | Knoblach | Lindner | Rifenberg | Vickerman |
| Bettermann | Dehler | Koppendrayer | Molnau | Seagren | Westfall |
| Bishop | Dempsey | Kraus | Mulder | Sviggum | Westrom |
| Boudreau | Haas | Krinkie | Nornes | Swenson, H. | Wolf |
| Bradley | Harder | Kuisle | Olson, M. | Sykora | |
| Commers | Kielkucki | Leppik | Paulsen | Tuma | |
| Abrams | Folliard | Kalis | McElroy | Pugh | Tingelstad |
| Anderson, I. | Garcia | Kelso | McGuire | Rest | Tomassoni |
| Bakk | Greenfield | Kinkel | Milbert | Reuter | Tompkins |
| Biernat | Greiling | Knight | Mullery | Rhodes | Trimble |
| Broecker | Gunther | Koskinen | Munger | Rostberg | Tunheim |
| Carlson | Hasskamp | Kubly | Murphy | Rukavina | Van Dellen |
| Chaudhary | Hausman | Larsen | Ness | Schumacher | Wagenius |
| Clark | Hilty | Leighton | Olson, E. | Seifert | Weaver |
| Daggett | Holsten | Lieder | Opatz | Sekhon | Wejcman |
| Dawkins | Huntley | Long | Orfield | Skare | Wenzel |
| Delmont | Jaros | Luther | Osskopp | Skoglund | Winter |
| Dorn | Jefferson | Macklin | Osthoff | Slawik | Workman |
| Entenza | Jennings | Mahon | Otremba | Smith | Spk. Carruthers |
| Erhardt | Johnson, A. | Mares | Ozment | Solberg | |
| Evans | Johnson, R. | Mariani | Paymar | Stanek | |
| Farrell | Juhnke | Marko | Pelowski | Stang | |
| Finseth | Kahn | McCollum | Peterson | Swenson, D. | |
The motion did not prevail and the amendment was not adopted.
Solberg and Jefferson moved to amend S. F. No. 637, the unofficial engrossment, as amended, as follows:
Page 11, after line 23, insert:
"Sec. 6. Minnesota Statutes 1996, section 69.011, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] Unless the language or context clearly indicates that a different meaning is intended, the following words and terms shall for the purposes of this chapter and chapters 423, 423A, 424 and 424A have the meanings ascribed to them:
(a) "Commissioner" means the commissioner of revenue.
(b) "Municipality" means any home rule charter or
statutory city, organized town or park district subject to chapter 398, the
University of Minnesota, and, for purposes of the fire state aid program only,
an American Indian tribal government entity located within a federally
recognized American Indian reservation, and, for purposes of the police state
aid program only, the metropolitan airports commission, with respect to employees peace officers
covered under chapter 422A, or the department of natural
resources and the department of public safety with respect to peace officers
covered under chapter 352B.
(c) "Minnesota Firetown Premium Report" means a form prescribed by the commissioner containing space for reporting by insurers of fire, lightning, sprinkler leakage and extended coverage premiums received upon risks located or to be performed in this state less return premiums and dividends.
(d) "Firetown" means the area serviced by any municipality having a qualified fire department or a qualified incorporated fire department having a subsidiary volunteer firefighters' relief association.
(e) "Market value" means latest available market value of all property in a taxing jurisdiction, whether the property is subject to taxation, or exempt from ad valorem taxation obtained from information which appears on abstracts filed with the commissioner of revenue or equalized by the state board of equalization.
(f) "Minnesota Aid to Police Premium Report" means a
form prescribed by the commissioner for reporting by each fire and casualty
insurer of all premiums received upon direct business received by it in this
state, or by its agents for it, in cash or otherwise, during the preceding
calendar year, with reference to insurance written for insuring against the
perils contained
in auto insurance coverages as reported in the Minnesota
business schedule of the annual financial statement which each insurer is
required to file with the commissioner in accordance with the governing laws or
rules less return premiums and dividends.
(g) "Peace officer" means any person:
(1) whose primary source of income derived from wages is
from direct employment by a municipality or county as a law enforcement officer
on a full-time basis of not less than 30 hours per week;
(2) who has been employed for a minimum of six months
prior to December 31 preceding the date of the current year's certification
under subdivision 2, clause (b);
(3) who is sworn to enforce the general criminal laws of
the state and local ordinances;
(4) who is licensed by the peace officers standards and
training board and is authorized to arrest with a warrant; and
(5) who is a member of a local police relief association
to which section 69.77 applies, the state patrol
retirement plan, the public employees police and fire fund, or the
Minneapolis employees retirement fund.
(h) "Full-time equivalent number of peace officers
providing contract service" means the integral or fractional number of peace
officers which would be necessary to provide the contract service if all peace
officers providing service were employed on a full-time basis as defined by the
employing unit and the municipality receiving the contract service.
(i) "Retirement benefits other than a service pension"
means any disbursement authorized under section 424A.05, subdivision 3, clauses
(2), (3) and (4).
(j) "Municipal clerk, municipal clerk-treasurer or
county auditor" means the person who was elected or appointed to the specified
position or, in the absence of the person, another person who is designated by
the applicable governing body. In a park district the clerk is the secretary of
the board of park district commissioners. In the case of the University of
Minnesota, the clerk is that official designated by the board of regents. For
the metropolitan airports commission, the clerk is the person designated by the
commission. For the department of natural resources or
the department of public safety, the clerk is the respective commissioner.
Sec. 7. Minnesota Statutes 1996, section 69.011,
subdivision 2, is amended to read:
Subd. 2. [QUALIFICATION FOR FIRE OR POLICE STATE AID.]
(a) In order to qualify to receive fire state aid, on or before March 15
annually, in conjunction with the financial report required pursuant to section
69.051, the clerk of each municipality having a duly organized fire department
as provided in subdivision 4, or the secretary of each independent nonprofit
firefighting corporation having a subsidiary incorporated firefighters' relief
association whichever is applicable, and the fire chief, shall jointly certify
the existence of the municipal fire department or of the independent nonprofit
firefighting corporation, whichever is applicable, which meets the minimum
qualification requirements set forth in this subdivision, and the fire personnel
and equipment of the municipal fire department or the independent nonprofit
firefighting corporation as of the preceding December 31. Certification shall be
made to the commissioner on a form prescribed by the commissioner and shall
include any other facts the commissioner may require. The certification shall be
made to the commissioner in duplicate. Each copy of the certificate shall be
duly executed and deemed an original. The commissioner shall forward one copy to
the auditor of the county wherein the fire department is located and retain one
copy.
(b) On or before March 15 annually the clerk of each
municipality having a duly organized police department and having a duly
incorporated relief association shall certify that fact to the county auditor of
the county where the police department is located and to the commissioner on a
form prescribed by the commissioner together with the other facts the
commissioner or auditor may require.
Except as provided in
subdivision 2b, on or before March 15 annually, the clerk of each
municipality and the auditor of each county employing one or more peace officers
as defined in subdivision 1, clause year shall be apportioned. Each full month of employment
of a qualifying officer during the calendar year shall entitle the employing
municipality or county to credit for 1/12 of the payment for employment of a
peace officer for the entire year. For purposes of sections 69.011 to 69.051,
employment of a peace officer shall commence when the peace officer is entered
on the payroll of the respective municipal police department or county sheriff's
department. No peace officer shall be included in the certification of the
number of peace officers by more than one municipality or county for the same
month.
Sec. 8. Minnesota Statutes 1996, section 69.011, is
amended by adding a subdivision to read:
Subd. 2b. [DEPARTMENTS OF
NATURAL RESOURCES AND PUBLIC SAFETY.] (a) On or before
July 1, 1997, the commissioner of natural resources shall certify one-half of
the number of peace officers as defined in subdivision 1, clause (g), employed
by the enforcement division during calendar year 1996 and the commissioner of
public safety shall certify one-half of the number of peace officers as defined
in subdivision 1, clause (g), employed by the bureau of criminal apprehension,
the gambling enforcement division, and the state patrol division during calendar
year 1996.
(b) On or before March 15, 1998,
and annually on or before March 15, thereafter, the commissioner of natural
resources shall certify seven-tenths of the number of peace officers as defined
in subdivision 1, clause (g), employed by the enforcement division and the
commissioner of public safety shall certify seven-tenths of the number of peace
officers as defined in subdivision 1, clause (g), employed by the bureau of
criminal apprehension, the gambling enforcement division, and the state patrol
division.
(c) The certification must be on
a form prescribed by the commissioner. Peace officers certified under this
paragraph must be included in the total certifications under subdivision 2.
Sec. 9. Minnesota Statutes 1996, section 69.021,
subdivision 5, is amended to read:
Subd. 5. [CALCULATION OF STATE AID.] (a) The amount of
fire state aid available for apportionment shall be equal to 107 percent of the
amount of premium taxes paid to the state upon the fire, lightning, sprinkler
leakage, and extended coverage premiums reported to the commissioner by insurers
on the Minnesota Firetown Premium Report. This amount shall be reduced by the
amount required to pay the state auditor's costs and expenses of the audits or
exams of the firefighters relief associations.
(b) The amount shall be further
reduced by $2,077,000 in fiscal year 1999, $2,375,000 in fiscal year 2000, and
$2,702,000 in fiscal year 2001 and each year thereafter. The reductions in this
paragraph cancel to the general fund.
(c) The total amount for
apportionment in respect to peace officer state aid is equal to 104 percent of
the amount of premium taxes paid to the state upon the premiums reported to the
commissioner by insurers on the Minnesota Aid to Police Premium Report, plus the
payment amounts received under section 60A.152 since the last aid apportionment,
and reduced by the amount required to pay the state auditor's costs and expenses
of the audits or exams of the police relief associations. The total amount for
apportionment in respect to firefighters state aid shall not be less than two
percent of the premiums reported to the commissioner by insurers on the
Minnesota Firetown Premium Report after subtracting (1) the amount required to
pay the state auditor's costs and expenses of the audits or exams of the
firefighters relief associations, and (2) one percent of the premiums reported
by town and farmers' mutual insurance companies and mutual property and casualty
companies with total assets of $5,000,000 or less. The total amount for
apportionment in respect to the police state aid program shall not be less than
two percent of the amount of premiums reported to the commissioner by insurers
on the Minnesota Aid to Police Premium Report after subtracting the amount
required to pay the state auditor's cost and expenses of the audits or exams of
the police relief associations. The commissioner shall calculate the percentage
of increase or decrease reflected in the apportionment over or under the
previous year's available state aid using the same premiums as a basis for
comparison.
Sec. 10. Minnesota Statutes 1996, section 69.021,
subdivision 7a, is amended to read:
Subd. 7a. [APPORTIONMENT OF POLICE STATE AID.] (a) The
commissioner shall apportion the state peace officer aid to each municipality
and to the county in the following manner:
(1) for all municipalities maintaining police
departments municipality and by the county (2) for each municipality which contracts with the
county for police service, a proportionate amount of the state aid distributed
to the county based on the full-time equivalent number of peace officers
providing contract service must be credited against the municipality's contract
obligation; and
(3) for each municipality which contracts with another
municipality for police service, a proportionate amount of the state aid
distributed to the municipality providing contract service based on the
full-time equivalent number of peace officers providing contract service on a
full-time equivalent basis must be credited against the contract obligation of
the municipality receiving contract service.
(b) No municipality entitled to receive state peace
officer aid may be apportioned less state peace officer aid for any year under
Laws 1976, chapter 315, than the amount which was apportioned to it for calendar
year 1975 based on premiums reported to the commissioner for calendar year 1974;
provided, the amount of state peace officer aid to other municipalities within
the county and to the county must be adjusted in proportion to the total number
of peace officers in the municipalities and the county, so that the amount of
state peace officer aid apportioned does not exceed the amount of state peace
officer aid available for apportionment.
Sec. 11. Minnesota Statutes 1996, section 69.021,
subdivision 10, is amended to read:
Subd. 10. [REDUCTION.] (a)
The commissioner of revenue shall reduce the apportionment of police state aid
under subdivisions 5, paragraph (b), 6, and (b) "Excess police state aid"
is:
(1) for counties and
municipalities, the amount in excess of the employer's total prior calendar
year obligation under section 353.65, as certified by the executive director of
the public employees retirement association; and
(2) for the department of
natural resources and for the department of public safety, the amount in excess
of the employer's total prior calendar year obligation under section 352B.02,
subdivision 1c, for plan members who are peace officers under section 69.011,
subdivision 1, clause (g), as certified by the executive director of the
Minnesota state retirement system.
(c) The total shall be
deposited in a separate excess police state-aid account in the general fund,
administered and distributed as provided in subdivision 11.
Sec. 12. Minnesota Statutes 1996, section 69.021,
subdivision 11, is amended to read:
Subd. 11. [EXCESS POLICE STATE-AID HOLDING ACCOUNT.] (a)
An excess police state-aid holding account is established in the general fund.
(b) Excess police state aid determined according to
section 69.021, subdivision 10, must be deposited in the excess police state-aid
holding account.
(c) From the balance in the excess police state-aid
holding account, $1,000,000 must be transferred annually to the ambulance
service personnel longevity award and incentive suspense account established by
section 144C.03, subdivision 2.
(d) If a police officer stress reduction program is
created by law and money is appropriated for that program, an amount equal to
that appropriation must be transferred from the balance in the excess police
state-aid holding account.
(e) On October 1, 1997, (f) On October 1, 1998, and
annually each October 1 thereafter, the entire balance of the excess police
state-aid holding account remaining after transfers under paragraphs (c) and (d)
is appropriated for additional amortization aid under section 423A.02,
subdivision 1b.
(g) The remaining balance in
the excess police state-aid holding account, after the deductions under
paragraphs (c), (d), and (e), cancels to the general fund.
Sec. 13. Minnesota Statutes 1996, section 69.031,
subdivision 5, is amended to read:
Subd. 5. [DEPOSIT OF STATE AID.] For a city of the first class with a population of more
than 300,000, in addition, the city may elect to allot the appropriate portion
of the total police state aid to apply toward the employer contribution of the
city to the public employees police and fire fund based on the covered salary of
police officers covered by the fund each payroll period and to transmit the
balance to the police relief association.
(e) For the department of
natural resources and for the department of public safety, the department must
apply the total police state aid toward the employer contribution of the
department to the state patrol retirement plan under section 352B.02,
subdivision 1c. Each commissioner must allocate the police state aid first for
employer contributions for employees funded from the general fund, then for
employer contributions for employees funded from other funds."
Page 68, after line 10, insert:
"Sec. 78. [POLICE STATE AID ADJUSTMENT.]
The legislature determines that
the total employer contributions paid to the public employees police and fire
fund for calendar year 1995, as certified to the commissioner of revenue by the
public employees retirement association in August 1996 for determining the
amount of police state aid to be distributed in September 1996, were overstated
for some of the counties and cities and understated for other counties and
cities. The executive director of the public employees retirement association
shall certify to the commissioner of revenue the amount of the overstated or
understated 1995 calendar year employer contributions paid to the public
employees police and fire fund by each county and city; and the commissioner of
revenue shall adjust the October 1997 police state aid distributions by the
applicable amount of overpaid or underpaid police state aid distributed in
September 1996.
The estimated net adjustment for
police state aid in the fiscal year ending June 30, 1998, is $1,835,000. The
expected net reduction to future police state aid expenditures resulting from
this adjustment is 6.5 percent less each year."
Renumber the section accordingly
Correct internal cross-references so that the new
sections added to the bill by this amendment are effective July 1, 1997
Amend the title accordingly
A roll call was requested and properly seconded.
The question was taken on the Solberg and Jefferson
amendment and the roll was called.
Pursuant to rule 2.05, the Speaker excused Pawlenty from
voting on S. F. No. 637, the unofficial engrossment, as amended.
There were 131 yeas and 1 nay as follows:
Those who voted in the affirmative were:
(h) (g), shall certify the number of such peace officers to
the commissioner on forms prescribed by the commissioner. Credit for officers
employed less than a full
and the county,
counties, the department of natural resources, and the department of public
safety, the police state aid must be distributed
in proportion to the total number of peace officers, as determined under section
69.011, subdivision 1, clause (g), and subdivision 2, clause (b), employed by
each
employing unit for 12 calendar months and the
proportional or fractional number who were employed less than 12 months;
7 7a, for eligible employer units by any excess police state aid.
and
annually on each October 1, one-half of the balance of the excess police
state-aid holding account remaining after deductions under paragraphs (c) and
(d) is appropriated for additional amortization aid under section 423A.02,
subdivision 1b.
(1) (a) The municipal
treasurer, on receiving the fire state aid, shall within 30 days after receipt
transmit it to the treasurer of the duly incorporated firefighters' relief
association if there is one organized and the association has filed a financial
report with the municipality; but if there is no relief association organized,
or if any association dissolve, be removed, or has heretofore dissolved, or has
been removed as trustees of state aid, then the treasurer of the municipality
shall keep the money in the municipal treasury as provided for in section
424A.08 and shall be disbursed only for the purposes and in the manner set forth
in that section.
(2) (b) The municipal treasurer, upon receipt of the police
state aid, shall disburse the police state aid in the following manner:
(a) (1) For a municipality in which a local police relief
association exists and all peace officers are members of the association, the
total state aid shall be transmitted to the treasurer of the relief association
within 30 days of the date of receipt, and the treasurer of the relief
association shall immediately deposit the total state aid in the special fund of
the relief association;
(b) (2) For a municipality in which police retirement
coverage is provided by the public employees police and fire fund and all peace
officers are members of the fund, the total state aid shall be applied toward
the municipality's employer contribution to the public employees police and fire
fund pursuant to section 353.65, subdivision 3; or
(c) (3) For a municipality other than a city of the first
class with a population of more than 300,000 in which both a police relief
association exists and police retirement coverage is provided in part by the
public employees police and fire fund, the municipality may elect at its option
to transmit the total state aid to the treasurer of the relief association as
provided in clause (a), to use the total state aid to apply toward the
municipality's employer contribution to the public employees police and fire
fund subject to all the provisions set forth in clause (b), or to allot the
total state aid proportionately to be transmitted to the police relief
association as provided in this subdivision and to apply toward the
municipality's employer contribution to the public employees police and fire
fund subject to the provisions of clause (b) on the basis of the respective
number of active full-time peace officers, as defined in section 69.011,
subdivision 1, clause (g).
(3) (c) The county treasurer, upon receipt of the police
state aid for the county, shall apply the total state aid toward the county's
employer contribution to the public employees police and fire fund pursuant to
section 353.65, subdivision 3.
(4) (d) The designated metropolitan airports commission
official, upon receipt of the police state aid for the metropolitan airports
commission, shall apply the total police state aid toward the commission's
employer contribution to the Minneapolis employees retirement fund under section
422A.101, subdivision 2a.
| Abrams | Erhardt | Kahn | Mariani | Paymar | Swenson, D. |
| Anderson, B. | Evans | Kalis | Marko | Pelowski | Swenson, H. |
| Anderson, I. | Farrell | Kelso | McCollum | Peterson | Sykora |
| Bakk | Finseth | Kielkucki | McElroy | Pugh | Tingelstad |
| Bettermann | Folliard | Kinkel | McGuire | Rest | Tomassoni |
| Biernat | Garcia | Knight | Milbert | Reuter | Tompkins |
| Bishop | Greenfield | Knoblach | Molnau | Rhodes | Trimble |
| Boudreau | Greiling | Koppendrayer | Mulder | Rifenberg | Tuma |
| Bradley | Gunther | Koskinen | Mullery | Rostberg | Tunheim |
| Broecker | Haas | Kraus | Munger | Rukavina | Van Dellen |
| Carlson | Harder | Kubly | Murphy | Schumacher | Vickerman |
| Chaudhary | Hasskamp | Kuisle | Ness | Seagren | Wagenius |
| Clark | Hausman | Larsen | Nornes | Seifert | Weaver |
| Commers | Hilty | Leighton | Olson, E. | Sekhon | Wejcman |
| Daggett | Holsten | Leppik | Olson, M. | Skare | Wenzel |
| Davids | Huntley | Lieder | Opatz | Skoglund | Westfall |
| Dawkins | Jaros | Lindner | Orfield | Slawik | Westrom |
| Dehler | Jefferson | Long | Osskopp | Smith | Winter |
| Delmont | Jennings | Luther | Osthoff | Solberg | Wolf |
| Dempsey | Johnson, A. | Macklin | Otremba | Stanek | Workman |
| Dorn | Johnson, R. | Mahon | Ozment | Stang | Spk. Carruthers |
| Entenza | Juhnke | Mares | Paulsen | Sviggum | |
| Abrams | Erhardt | Kahn | Mares | Paulsen | Sviggum |
| Anderson, B. | Evans | Kalis | Mariani | Paymar | Swenson, D. |
| Anderson, I. | Farrell | Kelso | Marko | Pelowski | Swenson, H. |
| Bakk | Finseth | Kielkucki | McCollum | Peterson | Sykora |
| Bettermann | Folliard | Kinkel | McElroy | Pugh | Tingelstad |
| Biernat | Garcia | Knight | McGuire | Rest | Tomassoni |
| Bishop | Greenfield | Knoblach | Milbert | Reuter | Tompkins |
| Boudreau | Greiling | Koppendrayer | Molnau | Rhodes | Trimble |
| Bradley | Gunther | Koskinen | Mulder | Rifenberg | Tuma |
| Broecker | Haas | Kraus | Mullery | Rostberg | Tunheim |
| Carlson | Harder | Krinkie | Munger | Rukavina | Van Dellen |
| Chaudhary | Hasskamp | Kubly | Murphy | Schumacher | Vickerman |
| Clark | Hausman | Kuisle | Ness | Seagren | Wagenius |
| Commers | Hilty | Larsen | Nornes | Seifert | Weaver |
| Daggett | Holsten | Leighton | Olson, E. | Sekhon | Wejcman |
| Davids | Huntley | Leppik | Olson, M. | Skare | Wenzel |
| Dawkins | Jaros | Lieder | Opatz | Skoglund | Westfall |
| Dehler | Jefferson | Lindner | Orfield | Slawik | Westrom |
| Delmont | Jennings | Long | Osskopp | Smith | Winter |
| Dempsey | Johnson, A. | Luther | Osthoff | Solberg | Wolf |
| Dorn | Johnson, R. | Macklin | Otremba | Stanek | Workman |
| Entenza | Juhnke | Mahon | Ozment | Stang | Spk. Carruthers |
The motion prevailed and the amendment was adopted.
S. F. No. 637, A bill for an act relating to retirement;
increasing pension benefit accrual rates; adjusting financing for pension plans;
adding supplemental financial conditions information for pension funds; reducing
appropriations; modifying or establishing various pension aids; appropriating
money; amending Minnesota Statutes 1996, sections 3.85, subdivisions 11 and 12;
3A.02, subdivisions 1 and 4; 3A.03, subdivision 1; 3A.07; 11A.18, subdivision 9;
69.011, subdivisions 1, 2, and by adding a subdivision; 69.021, subdivisions 7a
and 10; 69.031, subdivision 5; 352.01, subdivision 25; 352.04,
subdivisions 2 and 3; 352.115, subdivision 3; 352.72,
subdivision 2; 352.92, subdivisions 1 and 2; 352.93, subdivisions 2, 3, and by
adding a subdivision; 352.95, subdivisions 1 and 5; 352B.02, subdivisions 1a and
1c; 352B.08, subdivisions 2 and 2a; 352B.10, subdivision 1; 352B.30, by adding a
subdivision; 352C.031, subdivision 4; 352C.033; 352D.02, subdivisions 1 and 2;
352D.04, subdivisions 1 and 2; 353.01, subdivision 37; 353.27, subdivisions 2
and 3a; 353.29, subdivision 3; 353.651, subdivision 3; 353.656, subdivision 1;
353.71, subdivision 2; 353A.08, subdivisions 1 and 2; 353A.083, by adding a
subdivision; 354.05, subdivision 38; 354.42, subdivisions 2, 3, and 5; 354.44,
subdivision 6, and by adding a subdivision; 354.53, subdivision 1; 354.55,
subdivision 11; 354A.011, subdivision 15a; 354A.12, subdivisions 1, 2a, 3a, and
3c; 354A.31, subdivisions 4 and 4a; 356.20, subdivision 2; 356.215, subdivisions
2, 4d, and 4g; 356.217; 356.30, subdivisions 1 and 3; 356.32, subdivision 2;
422A.06, subdivision 8; 422A.151; 423B.01, subdivision 9, and by adding a
subdivision; 423B.06, by adding a subdivision; 423B.07; 423B.09, subdivision 1,
and by adding a subdivision; 423B.10, subdivision 1; 423B.15, subdivisions 2, 3,
6, and by adding a subdivision; 490.123, subdivisions 1a and 1b; and 490.124,
subdivisions 1 and 5; Laws 1965, chapter 519, section 1, as amended; Laws 1979,
chapter 109, section 1, as amended; Laws 1989, chapter 319, article 19, section
7, subdivisions 1, as amended, 3, 4, as amended, and 7; and Laws 1993, chapter
125, article 1, section 1; proposing coding for new law in Minnesota Statutes,
chapters 124; 273; 352; 352C; 354A; 355; and 356; repealing Minnesota Statutes
1996, sections 124.195, subdivision 12; 124.2139; 353C.01; 353C.02; 353C.03;
353C.04; 353C.05; 353C.06; 353C.07; 353C.08; 353C.09; 353C.10; 354A.12,
subdivision 2b; 356.70; and 356.88, subdivision 2; and Laws 1985, chapter 259,
section 3; and Laws 1993, chapter 336, article 3, section 1.
The bill was read for the third time, as amended, and
placed upon its final passage.
The question was taken on the passage of the bill and
the roll was called.
Pursuant to rule 2.05, the Speaker excused Ozment and
Pawlenty from voting on S. F. No. 637, the unofficial engrossment, as amended.
There were 126 yeas and 5 nays as follows:
Those who voted in the affirmative were:
| Abrams | Erhardt | Juhnke | Mahon | Paymar | Sviggum |
| Anderson, B. | Evans | Kahn | Mares | Pelowski | Swenson, D. |
| Anderson, I. | Farrell | Kalis | Mariani | Peterson | Swenson, H. |
| Bakk | Finseth | Kelso | Marko | Pugh | Sykora |
| Bettermann | Folliard | Kielkucki | McCollum | Rest | Tingelstad |
| Biernat | Garcia | Kinkel | McElroy | Reuter | Tomassoni |
| Bishop | Greenfield | Knight | McGuire | Rhodes | Tompkins |
| Boudreau | Greiling | Knoblach | Milbert | Rifenberg | Trimble |
| Bradley | Gunther | Koppendrayer | Molnau | Rostberg | Tuma |
| Broecker | Haas | Koskinen | Mulder | Rukavina | Tunheim |
| Carlson | Harder | Kraus | Mullery | Schumacher | Van Dellen |
| Chaudhary | Hasskamp | Kubly | Munger | Seagren | Vickerman |
| Clark | Hausman | Kuisle | Murphy | Seifert | Wagenius |
| Daggett | Hilty | Larsen | Ness | Sekhon | Weaver |
| Davids | Holsten | Leighton | Nornes | Skare | Wejcman |
| Dawkins | Huntley | Leppik | Olson, E. | Skoglund | Wenzel |
| Dehler | Jaros | Lieder | Opatz | Slawik | Westrom |
| Delmont | Jefferson | Lindner | Orfield | Smith | Winter |
| Dempsey | Jennings | Long | Osskopp | Solberg | Wolf |
| Dorn | Johnson, A. | Luther | Osthoff | Stanek | Workman |
| Entenza | Johnson, R. | Macklin | Otremba | Stang | Spk. Carruthers |
Those who voted in the negative were:
| Commers | Krinkie | Olson, M. | Paulsen | Westfall |