as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; providing for an 1.3 aggressive initiative against impaired driving and 1.4 chemical dependency; increasing the tax on alcoholic 1.5 beverages to fund this initiative; eliminating 1.6 obsolete language and making technical corrections; 1.7 appropriating money; amending Minnesota Statutes 2002, 1.8 sections 169A.275, subdivision 5; 169A.284, 1.9 subdivision 1; 169A.54, subdivision 11; 169A.70, 1.10 subdivisions 2, 3, by adding subdivisions; 254B.01, 1.11 subdivisions 2, 3; 254B.02, subdivision 1; 254B.03, 1.12 subdivisions 1, 4; 254B.04, subdivisions 1, 3; 1.13 254B.06, subdivisions 1, 2; 297G.03, subdivisions 1, 1.14 2; 297G.04, subdivisions 1, 2; 299A.62, subdivisions 1.15 1, 2; 609.115, subdivision 8; 609.135, by adding a 1.16 subdivision; proposing coding for new law in Minnesota 1.17 Statutes, chapters 373; 609; repealing Minnesota 1.18 Statutes 2002, sections 254B.02, subdivisions 2, 3, 4; 1.19 254B.09, subdivisions 4, 5, 7. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. [LEGISLATIVE FINDINGS AND INTENT.] 1.22 The legislature finds that: 1.23 (1) impaired driving offenses kill and injure more 1.24 Minnesotans than any other crime; 1.25 (2) many violent crimes are committed by offenders who are 1.26 under the influence of alcohol; and 1.27 (3) alcohol abuse contributes to domestic violence and 1.28 destroys families. 1.29 The legislature considers the need to address the problem of 1.30 alcohol abuse to be a high priority. Furthermore, the 1.31 legislature determines that the costs of fighting alcohol abuse 1.32 should be funded by those who abuse alcohol and those who profit 2.1 from its sale. Consequently, the legislature is increasing the 2.2 tax on the sale of alcohol to fund aggressive efforts to reduce 2.3 impaired driving offenses and generally prevent crime, injury, 2.4 and loss of life through chemical dependency prevention, 2.5 screening, and treatment and through increased law enforcement, 2.6 prosecution, and incarceration efforts. 2.7 Sec. 2. Minnesota Statutes 2002, section 169A.275, 2.8 subdivision 5, is amended to read: 2.9 Subd. 5. [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 2.10 ASSESSMENT.] Unless the court commits the person to the custody 2.11 of the commissioner of corrections as provided in section 2.12 169A.276 (mandatory penalties; felony violations), in addition 2.13 to other penalties required under this section, if the person 2.14 has not already done so, the court shall order a person to 2.15 submit to the level of care recommended in the chemical use 2.16 assessment conducted under section 169A.70 (alcohol safety 2.17 program; chemical use assessments) if the person: (1) is 2.18 convicted of violating section 169A.20 (driving while 2.19 impaired)while having an alcohol concentration of 0.20 or more2.20as measured at the time, or within two hours of the time, of the2.21offense or if the violation occurs within ten years of one or2.22more qualified prior impaired driving incidents; or (2) is 2.23 arrested for violating section 169A.20, but is convicted of 2.24 another offense arising out of the circumstances surrounding the 2.25 arrest. 2.26 Sec. 3. Minnesota Statutes 2002, section 169A.284, 2.27 subdivision 1, is amended to read: 2.28 Subdivision 1. [WHEN REQUIRED.] (a) When a court sentences 2.29 a person convicted of an offense enumerated in section 169A.70, 2.30 subdivision 2, paragraph (b), clause (1) or (2), (chemical use 2.31 assessment; requirement; form), it shall impose a chemical 2.32 dependency assessment charge of $125. A person shall pay an 2.33 additional surcharge of $5 if the person is convicted of a 2.34 violation of section 169A.20 (driving while impaired) within 2.35 five years of a prior impaired driving conviction or a prior 2.36 conviction for an offense arising out of an arrest for a 3.1 violation of section 169A.20 or Minnesota Statutes 1998, section 3.2 169.121 (driver under influence of alcohol or controlled 3.3 substance) or 169.129 (aggravated DWI-related violations; 3.4 penalty). This section applies when the sentence is executed, 3.5 stayed, or suspended. The court may not waive payment or 3.6 authorize payment of the assessment charge and surcharge in 3.7 installments unless it makes written findings on the record that 3.8 the convicted person is indigent or that the assessment charge 3.9 and surcharge would create undue hardship for the convicted 3.10 person or that person's immediate family. 3.11 (b) The chemical dependency assessment charge and surcharge 3.12 required under this section are in addition to the surcharge 3.13 required by section 357.021, subdivision 6 (surcharges on 3.14 criminal and traffic offenders). 3.15 Sec. 4. Minnesota Statutes 2002, section 169A.54, 3.16 subdivision 11, is amended to read: 3.17 Subd. 11. [CHEMICAL USE ASSESSMENT.] When the evidentiary 3.18 test shows an alcohol concentration of 0.07 or more, that result 3.19 must be reported to the commissioner. The commissioner shall 3.20 record that fact on the driver's record. When the driver's 3.21 record shows a second or subsequent report of an alcohol 3.22 concentration of 0.07 or more within two years of a recorded 3.23 report, the commissioner may require that the driver have a 3.24 chemical use assessment meeting the commissioner's 3.25 requirements and those of section 169A.70. The assessment must 3.26 be at the driver's expense. In no event shall the commissioner 3.27 deny the license of a person who refuses to take the assessment 3.28 or to undertake treatment, if treatment is indicated by the 3.29 assessment, for longer than 90 days. If an assessment is made 3.30 pursuant to this section, the commissioner may waive the 3.31 assessment required by section 169A.70. 3.32 Sec. 5. Minnesota Statutes 2002, section 169A.70, 3.33 subdivision 2, is amended to read: 3.34 Subd. 2. [CHEMICAL USE ASSESSMENT REQUIREMENT.] (a) As 3.35 used in this subdivision, "violent crime" has the meaning given 3.36 in section 609.133, subdivision 1. 4.1 (b) A chemical use assessment must be conducted and an 4.2 assessment report submitted to the court and to the department 4.3 of public safety by the county agency administering the alcohol 4.4 safety program when: 4.5 (1) the defendant is convicted of an offense described in 4.6 section 169A.20 (driving while impaired), 169A.31 4.7 (alcohol-related school bus and Head Start bus driving), or 4.8 360.0752 (impaired aircraft operation);or4.9 (2) the defendant is arrested for committing an offense 4.10 described in clause (1) but is convicted of another offense 4.11 arising out of the circumstances surrounding the arrest; or 4.12 (3) the defendant is convicted of a violent crime. 4.13 Sec. 6. Minnesota Statutes 2002, section 169A.70, 4.14 subdivision 3, is amended to read: 4.15 Subd. 3. [ASSESSMENT REPORT.] (a) The assessment report 4.16 must be on a form prescribed by the commissioner and shall 4.17 contain an evaluation of the convicted defendant concerning the 4.18 defendant's prior traffic and criminal record, characteristics 4.19 and history of alcohol and chemical use problems, and 4.20 amenability to rehabilitation through the alcohol safety 4.21 program. The report is classified as private data on 4.22 individuals as defined in section 13.02, subdivision 12. 4.23 (b) The assessment report must include: 4.24 (1) a diagnosis of the nature of the offender's chemical 4.25 and alcohol involvement; 4.26 (2) an assessment of the severity level of the involvement; 4.27 (3) a recommended level of care for the offender in 4.28 accordance with the criteria contained in rules adopted by the 4.29 commissioner of human services under section 254A.03, 4.30 subdivision 3 (chemical dependency treatment rules); 4.31 (4) an assessment of the offender's placement needs; 4.32(2)(5) recommendations for other appropriate remedial 4.33 action or care, including aftercare services in section 254B.01, 4.34 subdivision 3, that may consist of educational programs, 4.35 one-on-one counseling, a program or type of treatment that 4.36 addresses mental health concerns, or a combination of them; 5.1orand 5.2(3)(6) a specific explanation why no level of care or 5.3 action was recommended, if applicable. 5.4 Sec. 7. Minnesota Statutes 2002, section 169A.70, is 5.5 amended by adding a subdivision to read: 5.6 Subd. 6. [METHOD OF ASSESSMENT.] (a) As used in this 5.7 subdivision, "collateral contact" means an oral or written 5.8 communication initiated by an assessor for the purpose of 5.9 gathering information from an individual or agency, other than 5.10 the offender, to verify or supplement information provided by 5.11 the offender during an assessment under this section. The term 5.12 includes contacts with family members, criminal justice 5.13 agencies, educational institutions, and employers. 5.14 (b) An assessment conducted under this section must include 5.15 as least one personal interview with the offender designed to 5.16 make a determination about the extent of the offender's past and 5.17 present chemical and alcohol use or abuse. It must also include 5.18 collateral contacts and a review of relevant records or reports 5.19 regarding the offender including, but not limited to, police 5.20 reports, arrest reports, driving records, chemical testing 5.21 records, and test refusal records. If the offender has a 5.22 probation officer, the officer must be the subject of a 5.23 collateral contact, under this subdivision. If an assessor is 5.24 unable to make collateral contacts, the assessor shall specify 5.25 why collateral contacts were not made. 5.26 Sec. 8. Minnesota Statutes 2002, section 169A.70, is 5.27 amended by adding a subdivision to read: 5.28 Subd. 7. [PRECONVICTION ASSESSMENT.] (a) The court may not 5.29 accept a chemical use assessment conducted before conviction as 5.30 a substitute for the assessment required by this section unless 5.31 the court ensures that the preconviction assessment meets the 5.32 standards described in this section. 5.33 (b) If the commissioner of public safety is making a 5.34 decision regarding reinstating a person's driver's license based 5.35 on a chemical use assessment, the commissioner shall ensure that 5.36 the assessment meets the standards described in this section. 6.1 Sec. 9. Minnesota Statutes 2002, section 169A.70, is 6.2 amended by adding a subdivision to read: 6.3 Subd. 8. [TIMING OF ASSESSMENT.] Chemical use assessments 6.4 conducted under this section must be completed at the earliest 6.5 time possible. It is a strong preference that the interview 6.6 with the offender be conducted while the offender is being 6.7 initially held in custody after arrest. 6.8 Sec. 10. Minnesota Statutes 2002, section 169A.70, is 6.9 amended by adding a subdivision to read: 6.10 Subd. 9. [COURT'S AUTHORITY TO REQUIRE ASSESSMENTS IN 6.11 OTHER INSTANCES.] A court having jurisdiction over a person in a 6.12 juvenile, criminal, or civil proceeding may order that the 6.13 person submit to a chemical use assessment under this section if 6.14 the court has reason to believe that the person may have a 6.15 chemical dependency problem. 6.16 Sec. 11. Minnesota Statutes 2002, section 254B.01, 6.17 subdivision 2, is amended to read: 6.18 Subd. 2. [AMERICAN INDIAN.] For purposes of services 6.19 provided undersection 254B.09, subdivision 7this chapter, 6.20 "American Indian" means (1) a person who is a member of an 6.21 Indian tribe, and the commissioner shall use the definitions of 6.22 "Indian" and "Indian tribe" and "Indian organization" provided 6.23 in Public LawNumber93-638. For purposes of services provided6.24under section 254B.09, subdivision 4, "American Indian" meansor 6.25 (2) a resident of federally recognized tribal lands who is 6.26 recognized as an Indian person by the federally recognized 6.27 tribal governing body. 6.28 Sec. 12. Minnesota Statutes 2002, section 254B.01, 6.29 subdivision 3, is amended to read: 6.30 Subd. 3. [CHEMICAL DEPENDENCY SERVICES.] "Chemical 6.31 dependency services" means a planned program of care for the 6.32 treatment of chemical dependency or chemical abuse to minimize 6.33 or prevent further chemical abuse by the person, including, but 6.34 not limited to, aftercare services, case management, counseling, 6.35 employment or educational services, and sober housing. 6.36 Diagnostic, evaluation, prevention, referral, and detoxification 7.1, and aftercare servicesthat are not part of a program of care 7.2 licensable as a residential or nonresidential chemical 7.3 dependency treatment program are not chemical dependency 7.4 services for purposes of this section. For pregnant and 7.5 postpartum women, chemical dependency services include halfway 7.6 house services, aftercare services,and psychological services,7.7and case management. 7.8 Sec. 13. Minnesota Statutes 2002, section 254B.02, 7.9 subdivision 1, is amended to read: 7.10 Subdivision 1. [CHEMICAL DEPENDENCY TREATMENT ALLOCATION.] 7.11 The chemical dependency funds appropriated for allocation shall 7.12 be placed in a special revenue account. The commissioner shall 7.13 annually transfer funds from the chemical dependency fund to pay 7.14 for operation of the drug and alcohol abuse normative evaluation 7.15 system and to pay for all costs incurred by adding two positions 7.16 for licensing of chemical dependency treatment and 7.17 rehabilitation programs located in hospitals for which funds are 7.18 not otherwise appropriated.For each year of the biennium7.19ending June 30, 1999, the commissioner shall allocate funds to7.20the American Indian chemical dependency tribal account for7.21treatment of American Indians by eligible vendors under section7.22254B.05, equal to the amount allocated in fiscal year 1997. The7.23commissioner shall annually divide the money available in the7.24chemical dependency fund that is not held in reserve by counties7.25from a previous allocation, or allocated to the American Indian7.26chemical dependency tribal account. Six percent of the7.27remaining money must be reserved for the nonreservation American7.28Indian chemical dependency allocation for treatment of American7.29Indians by eligible vendors under section 254B.05, subdivision7.301. The remainder of the money must be allocated among the7.31counties according to the following formula, using state7.32demographer data and other data sources determined by the7.33commissioner:7.34(a) For purposes of this formula, American Indians and7.35children under age 14 are subtracted from the population of each7.36county to determine the restricted population.8.1(b) The amount of chemical dependency fund expenditures for8.2entitled persons for services not covered by prepaid plans8.3governed by section 256B.69 in the previous year is divided by8.4the amount of chemical dependency fund expenditures for entitled8.5persons for all services to determine the proportion of exempt8.6service expenditures for each county.8.7(c) The prepaid plan months of eligibility is multiplied by8.8the proportion of exempt service expenditures to determine the8.9adjusted prepaid plan months of eligibility for each county.8.10(d) The adjusted prepaid plan months of eligibility is8.11added to the number of restricted population fee for service8.12months of eligibility for the Minnesota family investment8.13program, general assistance, and medical assistance and divided8.14by the county restricted population to determine county per8.15capita months of covered service eligibility.8.16(e) The number of adjusted prepaid plan months of8.17eligibility for the state is added to the number of fee for8.18service months of eligibility for the Minnesota family8.19investment program, general assistance, and medical assistance8.20for the state restricted population and divided by the state8.21restricted population to determine state per capita months of8.22covered service eligibility.8.23(f) The county per capita months of covered service8.24eligibility is divided by the state per capita months of covered8.25service eligibility to determine the county welfare caseload8.26factor.8.27(g) The median married couple income for the most recent8.28three-year period available for the state is divided by the8.29median married couple income for the same period for each county8.30to determine the income factor for each county.8.31(h) The county restricted population is multiplied by the8.32sum of the county welfare caseload factor and the county income8.33factor to determine the adjusted population.8.34(i) $15,000 shall be allocated to each county.8.35(j) The remaining funds shall be allocated proportional to8.36the county adjusted population.9.1 Sec. 14. Minnesota Statutes 2002, section 254B.03, 9.2 subdivision 1, is amended to read: 9.3 Subdivision 1. [LOCAL AGENCY DUTIES.] (a) Every local 9.4 agency shall provide chemical dependency services to persons 9.5 residing within its jurisdiction who meet criteria established 9.6 by the commissioner for placement in a chemical dependency 9.7 residential or nonresidential treatment service. Chemical 9.8 dependency money must be administered by the local agencies 9.9 according to law and rules adopted by the commissioner under 9.10 sections 14.001 to 14.69. 9.11 (b) In order to contain costs, the county board shall, with 9.12 the approval of the commissioner of human services, select 9.13 eligible vendors of chemical dependency services who can provide 9.14 economical and appropriate treatment. Unless the local agency 9.15 is a social services department directly administered by a 9.16 county or human services board, the local agency shall not be an 9.17 eligible vendor under section 254B.05. The commissioner may 9.18 approve proposals from county boards to provide services in an 9.19 economical manner or to control utilization, with safeguards to 9.20 ensure that necessary services are provided. If a county 9.21 implements a demonstration or experimental medical services 9.22 funding plan, the commissioner shall transfer the money as 9.23 appropriate. If a county selects a vendor located in another 9.24 state, the county shall ensure that the vendor is in compliance 9.25 with the rules governing licensure of programs located in the 9.26 state. 9.27 (c)The calendar year 2002 rate for vendors may not9.28increase more than three percent above the rate approved in9.29effect on January 1, 2001. The calendar year 2003 rate for9.30vendors may not increase more than three percent above the rate9.31in effect on January 1, 2002. The calendar years 2004 and 20059.32rates may not exceed the rate in effect on January 1, 2003.9.33(d)A culturally specific vendor that provides assessments 9.34 under a variance under Minnesota Rules, part 9530.6610, shall be 9.35 allowed to provide assessment services to persons not covered by 9.36 the variance. 10.1 Sec. 15. Minnesota Statutes 2002, section 254B.03, 10.2 subdivision 4, is amended to read: 10.3 Subd. 4. [DIVISION OF COSTS.] Except for services provided 10.4 by a county under section 254B.09, subdivision 1, or services 10.5 provided under section 256B.69 or 256D.03, subdivision 4, 10.6 paragraph (b), the county shall, out of local money, pay the 10.7 state for15five percent of the cost of chemical dependency 10.8 services, including those services provided to persons eligible 10.9 for medical assistance under chapter 256B and general assistance 10.10 medical care under chapter 256D. Counties may use the indigent 10.11 hospitalization levy for treatment and hospital payments made 10.12 under this section.FifteenFive percent of any state 10.13 collections from private or third-party pay, less15five 10.14 percent of the cost of payment and collections, must be 10.15 distributed to the county that paid for a portion of the 10.16 treatment under this section.If all funds allocated according10.17to section 254B.02 are exhausted by a county and the county has10.18met or exceeded the base level of expenditures under section10.19254B.02, subdivision 3, the county shall pay the state for 1510.20percent of the costs paid by the state under this section. The10.21commissioner may refuse to pay state funds for services to10.22persons not eligible under section 254B.04, subdivision 1, if10.23the county financially responsible for the persons has exhausted10.24its allocation.10.25 Sec. 16. Minnesota Statutes 2002, section 254B.04, 10.26 subdivision 1, is amended to read: 10.27 Subdivision 1. [ELIGIBILITY.] (a) Persons eligible for 10.28 benefits under Code of Federal Regulations, title 25, part 20, 10.29 persons eligible for medical assistance benefits under sections 10.30 256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, 10.31 or who meet the income standards of section 256B.056, 10.32 subdivision 4, and persons eligible for general assistance 10.33 medical care under section 256D.03, subdivision 3, are entitled 10.34 to chemical dependency fund services.State money appropriated10.35for this paragraph must be placed in a separate account10.36established for this purpose.11.1 Persons with dependent children who are determined to be in 11.2 need of chemical dependency treatment pursuant to an assessment 11.3 under section 626.556, subdivision 10, or a case plan under 11.4 section 260C.201, subdivision 6, or 260C.212, shall be assisted 11.5 by the local agency to access needed treatment services. 11.6 Treatment services must be appropriate for the individual or 11.7 family, which may include long-term care treatment or treatment 11.8 in a facility that allows the dependent children to stay in the 11.9 treatment facility. The county shall pay for out-of-home 11.10 placement costs, if applicable. 11.11 (b) A person not entitled to services under paragraph (a),11.12but with family income that is less than 215 percent of the11.13federal poverty guidelines for the applicable family size, shall11.14be eligible to receive chemical dependency fund services within11.15the limit of funds appropriated for this group for the fiscal11.16year. If notified by the state agency of limited funds, a11.17county must give preferential treatment to persons with11.18dependent children who are in need of chemical dependency11.19treatment pursuant to an assessment under section 626.556,11.20subdivision 10, or a case plan under section 260C.201,11.21subdivision 6, or 260C.212. A county may spend money from its11.22own sources to serve persons under this paragraph. State money11.23appropriated for this paragraph must be placed in a separate11.24account established for this purpose.11.25(c) Persons whose income is between 215 percent and 41211.26percent of the federal poverty guidelines for the applicable11.27family sizeshall be eligible for chemical dependency services 11.28 on a sliding fee basis, within the limit of funds appropriated11.29for this group for the fiscal year. Persons eligible under this 11.30 paragraph must contribute to the cost of services according to 11.31 the sliding fee scale established under subdivision 3.A county11.32may spend money from its own sources to provide services to11.33persons under this paragraph. State money appropriated for this11.34paragraph must be placed in a separate account established for11.35this purpose.11.36 Sec. 17. Minnesota Statutes 2002, section 254B.04, 12.1 subdivision 3, is amended to read: 12.2 Subd. 3. [AMOUNT OF CONTRIBUTION.] The commissioner shall 12.3 adopt a sliding fee scale to determine the amount of 12.4 contribution to be required from persons under this section. 12.5 The commissioner may adopt rules to amend existing fee scales. 12.6 The commissioner may establish a separate fee scale for 12.7 recipients of chemical dependency transitional and extended care 12.8 rehabilitation services that provides for the collection of fees 12.9 for board and lodging expenses. The fee schedule shall ensure 12.10 that employed persons are allowed the income disregards and 12.11 savings accounts that are allowed residents of community mental 12.12 illness facilities under section 256D.06, subdivisions 1 and 12.13 1b.The fee scale must not provide assistance to persons whose12.14income is more than 115 percent of the state median income.12.15 Payments of liabilities under this section are medical expenses 12.16 for purposes of determining spenddown under sections 256B.055, 12.17 256B.056, 256B.06, and 256D.01 to 256D.21. The required amount 12.18 of contribution established by the fee scale in this subdivision 12.19 is also the cost of care responsibility subject to collection 12.20 under section 254B.06, subdivision 1. 12.21 Sec. 18. Minnesota Statutes 2002, section 254B.06, 12.22 subdivision 1, is amended to read: 12.23 Subdivision 1. [STATE COLLECTIONS.] The commissioner is 12.24 responsible for all collections from persons determined to be 12.25 partially responsible for the cost of care of an eligible person 12.26 receiving services underLaws 1986, chapter 394, sections 8 to12.2720this chapter. The commissioner may initiate, or request the 12.28 attorney general to initiate, necessary civil action to recover 12.29 the unpaid cost of care. The commissioner may collect all 12.30 third-party payments for chemical dependency services provided 12.31 underLaws 1986, chapter 394, sections 8 to 20this chapter, 12.32 including private insurance and federal Medicaid and Medicare 12.33 financial participation. The commissioner shall deposit in a 12.34 dedicated account a percentage of collections to pay for the 12.35 cost of operating the chemical dependency consolidated treatment 12.36 fund invoice processing and vendor payment system, billing, and 13.1 collections. The remaining receipts must be deposited in the 13.2 chemical dependency fund. 13.3 Sec. 19. Minnesota Statutes 2002, section 254B.06, 13.4 subdivision 2, is amended to read: 13.5 Subd. 2. [ALLOCATION OF COLLECTIONS.] The commissioner 13.6 shall allocate all federal financial participation collections 13.7 to thereservechemical dependency fund under section 254B.02, 13.8 subdivision31. The commissioner shall retain8595 percent of 13.9 patient payments and third-party payments and allocate the 13.10 collections to the treatment allocation for the county that is 13.11 financially responsible for the person.FifteenFive percent of 13.12 patient and third-party payments must be paid to the county 13.13 financially responsible for the patient. Collections for 13.14 patient payment and third-party payment for services provided 13.15 under section 254B.09 shall be allocated to the allocation of 13.16 the tribal unit which placed the person. Collections of federal 13.17 financial participation for services provided under section 13.18 254B.09 shall be allocated to thetribal reserve account13.19 chemical dependency fund under section254B.09254B.02, 13.20 subdivision51. 13.21 Sec. 20. Minnesota Statutes 2002, section 297G.03, 13.22 subdivision 1, is amended to read: 13.23 Subdivision 1. [GENERAL RATE; DISTILLED SPIRITS AND WINE.] 13.24 The following excise tax is imposed on all distilled spirits and 13.25 wine manufactured, imported, sold, or possessed in this state: 13.26 Standard Metric 13.27 (a) Distilled spirits,$5.03$17.69$1.33$4.73 13.28 liqueurs, cordials, per gallon per liter 13.29 and specialties regardless 13.30 of alcohol content 13.31 (excluding ethyl alcohol) 13.32 (b) Wine containing$ .30$2.40$ .08$ .64 13.33 14 percent or less per gallon per liter 13.34 alcohol by volume 13.35 (except cider as defined 13.36 in section 297G.01, 14.1 subdivision 3a) 14.2 (c) Wine containing$ .95$3.01$ .25$ .81 14.3 more than 14 percent per gallon per liter 14.4 but not more than 21 14.5 percent alcohol by volume 14.6 (d) Wine containing more$1.82$3.88$ .48$1.04 14.7 than 21 percent but not per gallon per liter 14.8 more than 24 percent 14.9 alcohol by volume 14.10 (e) Wine containing more$3.52$5.56$ .93$1.49 14.11 than 24 percent alcohol per gallon per liter 14.12 by volume 14.13 (f) Natural and$1.82$3.88$ .48$1.04 14.14 artificial sparkling wines per gallon per liter 14.15 containing alcohol 14.16 (g) Cider as defined in$ .15$2.25$ .04$ .60 14.17 section 297G.01, per gallon per liter 14.18 subdivision 3a 14.19 In computing the tax on a package of distilled spirits or 14.20 wine, a proportional tax at a like rate on all fractional parts 14.21 of a gallon or liter must be paid, except that the tax on a 14.22 fractional part of a gallon less than 1/16 of a gallon is the 14.23 same as for 1/16 of a gallon. 14.24 Sec. 21. Minnesota Statutes 2002, section 297G.03, 14.25 subdivision 2, is amended to read: 14.26 Subd. 2. [TAX ON MINIATURES; DISTILLED SPIRITS.] The tax 14.27 on miniatures is1424 cents per bottle. 14.28 Sec. 22. Minnesota Statutes 2002, section 297G.04, 14.29 subdivision 1, is amended to read: 14.30 Subdivision 1. [TAX IMPOSED.] The following excise tax is 14.31 imposed on all fermented malt beverages that are imported, 14.32 directly or indirectly sold, or possessed in this state: 14.33 (1) on fermented malt beverages containing not more than 14.34 3.2 percent alcohol by weight,$2.40$35.32 per 31-gallon 14.35 barrel; and 14.36 (2) on fermented malt beverages containing more than 3.2 15.1 percent alcohol by weight,$4.60$37.52 per 31-gallon barrel. 15.2 For fractions of a 31-gallon barrel, the tax rate is 15.3 calculated proportionally. 15.4 Sec. 23. Minnesota Statutes 2002, section 297G.04, 15.5 subdivision 2, is amended to read: 15.6 Subd. 2. [TAX CREDIT.] A qualified brewer producing 15.7 fermented malt beverages is entitled to a tax credit 15.8 of$4.60$37.52 per barrel on 25,000 barrels sold in any fiscal 15.9 year beginning July 1, regardless of the alcohol content of the 15.10 product. Qualified brewers may take the credit on the 18th day 15.11 of each month, but the total credit allowed may not exceed in 15.12 any fiscal year the lesser of: 15.13 (1) the liability for tax; or 15.14 (2) $115,000. 15.15 For purposes of this subdivision, a "qualified brewer" 15.16 means a brewer, whether or not located in this state, 15.17 manufacturing less than 100,000 barrels of fermented malt 15.18 beverages in the calendar year immediately preceding the 15.19 calendar year for which the credit under this subdivision is 15.20 claimed. In determining the number of barrels, all brands or 15.21 labels of a brewer must be combined. All facilities for the 15.22 manufacture of fermented malt beverages owned or controlled by 15.23 the same person, corporation, or other entity must be treated as 15.24 a single brewer. 15.25 Sec. 24. Minnesota Statutes 2002, section 299A.62, 15.26 subdivision 1, is amended to read: 15.27 Subdivision 1. [PROGRAM ESTABLISHED.] (a) A 15.28 community-oriented policing grant program is established under 15.29 the administration of the commissioner of public safety. 15.30 (b) Grants may be awarded as provided in subdivision 2 for 15.31 the following purposes: 15.32 (1) to enable local law enforcement agencies to hire law 15.33 enforcement officers. The grants must be used by law 15.34 enforcement agencies to increase the complement of officers in 15.35 the agency by paying the salaries of new officers who replace an 15.36 existing officer who has been reassigned primarily to 16.1 investigate and prevent impaired driving crimes, domestic 16.2 violence crimes, or juvenile crime or to perform 16.3 community-oriented policing duties; 16.4 (2) to enable local law enforcement agencies to assign 16.5 overtime officers to high crime areas within their 16.6 jurisdictions; and 16.7 (3) to enable local law enforcement agencies to implement 16.8 or expand community-oriented policing projects, liaison efforts 16.9 with local school districts, and other innovative community 16.10 policing initiatives. 16.11 (c) Grants under paragraph (b), clause (3), for community 16.12 policing activities must be provided for areas with high crime 16.13 rates and gang, drug, or prostitution activity, for programs 16.14 that: 16.15 (1) include education and training for both peace officers 16.16 and the community on community policing initiatives; 16.17 (2) assign designated peace officers for a period of at 16.18 least one year to work exclusively in the area where the 16.19 enhanced community policing efforts will take place; and 16.20 (3) include regular community meetings with the designated 16.21 peace officers, prosecuting authorities, judges with 16.22 jurisdiction in the area, and community members to further law 16.23 enforcement outreach efforts. 16.24 Sec. 25. Minnesota Statutes 2002, section 299A.62, 16.25 subdivision 2, is amended to read: 16.26 Subd. 2. [AWARDING GRANT.] (a) Grants under this section 16.27shallmust be awarded by the commissioner of public safety. 16.28 Before any grants are awarded, a committee consisting of the 16.29 attorney general, and representatives from the Minnesota chiefs 16.30 of police association, the Minnesota sheriffs association, and 16.31 the Minnesota police and peace officers association, shall 16.32 evaluate the grant applications. Before grants are awarded, the 16.33 commissioner shall meet and consult with the committee 16.34 concerning its evaluation of and recommendations on grant 16.35 proposals. 16.36 (b) A grant under subdivision 1, paragraph (b), clause (1), 17.1 may be awarded only to a law enforcement agency that 17.2 demonstrates in its application that it currently has a need for 17.3 an additional officer to be assigned to: 17.4 (1) community-oriented policing duties;or17.5 (2) the investigation and prevention of juvenile crime, 17.6 based on the juvenile crime rate in the area over which the 17.7 agency has jurisdiction; 17.8 (3) the investigation and prevention of impaired driving 17.9 crimes; or 17.10 (4) the investigation and prevention of domestic violence 17.11 crimes. 17.12 (c) More than one grant under subdivision 1, paragraph (b), 17.13 clause (1), may be awarded to an agency; however, each grant may 17.14 fund only one position. At least 50 percent of the grants 17.15 awarded under subdivision 1, paragraph (b), clause (1), must be 17.16 awarded to the cities of Minneapolis and St. Paul. 17.17 Sec. 26. [373.50] [REQUIREMENT TO PROVIDE CHEMICAL 17.18 DEPENDENCY TREATMENT.] 17.19 Each county shall provide comprehensive, needs-specific 17.20 chemical dependency treatment programs and services to 17.21 individuals within the county's criminal justice system. The 17.22 programs and services must take into account the fact that the 17.23 person has committed a criminal offense and other issues 17.24 including the individual's gender, ethnic, cultural, and mental 17.25 health needs. If the county does not offer a specific program 17.26 or service appropriate for an individual, the county shall 17.27 ensure that the individual is offered the program or service 17.28 elsewhere. 17.29 Sec. 27. Minnesota Statutes 2002, section 609.115, 17.30 subdivision 8, is amended to read: 17.31 Subd. 8. [CHEMICAL USE ASSESSMENT REQUIRED.] (a) If a 17.32 person is convicted of a felony, the probation officer shall 17.33 determine in the report prepared under subdivision 1 whether or 17.34 not alcohol or drug use was a contributing factor to the 17.35 commission of the offense. If so, the report shall contain the 17.36 results of a chemical use assessment conducted in accordance 18.1 with this subdivision. The probation officer shall make an 18.2 appointment for the defendant to undergo the chemical use 18.3 assessment if so indicated. If the person is convicted of a 18.4 violent crime as defined in section 609.133, subdivision 1, the 18.5 provisions of that section apply. 18.6 (b) The chemical use assessment report must include a 18.7 recommended level of care for the defendant in accordance with 18.8 the criteria contained in rules adopted by the commissioner of 18.9 human services under section 254A.03, subdivision 3. The 18.10 assessment must be conducted by an assessor qualified under 18.11 rules adopted by the commissioner of human services under 18.12 section 254A.03, subdivision 3. An assessor providing a 18.13 chemical use assessment may not have any direct or shared 18.14 financial interest or referral relationship resulting in shared 18.15 financial gain with a treatment provider. If an independent 18.16 assessor is not available, the probation officer may use the 18.17 services of an assessor authorized to perform assessments for 18.18 the county social services agency under a variance granted under 18.19 rules adopted by the commissioner of human services under 18.20 section 254A.03, subdivision 3. 18.21 (c) A chemical use assessment and report conducted under 18.22 this subdivision must meet the standards described in section 18.23 169A.70. 18.24 Sec. 28. [609.133] [CHEMICAL DEPENDENCY TREATMENT; 18.25 ASSESSMENT CHARGE.] 18.26 Subdivision 1. [DEFINITION.] As used in this section, 18.27 "violent crime" has the meaning given in section 609.1095, 18.28 subdivision 1. The term also includes violations of sections 18.29 609.2231, 609.224, and 609.2242. 18.30 Subd. 2. [ASSESSMENT CONDUCTED.] The court shall ensure 18.31 that a chemical use assessment is conducted on a person 18.32 convicted of a violent crime as required in section 169A.70, 18.33 subdivision 2. 18.34 Subd. 3. [CHARGE.] (a) When a court sentences a person 18.35 convicted of a violent crime, it shall impose a chemical 18.36 dependency assessment charge of $125. The court may not waive 19.1 payment or authorize payment of the assessment charge in 19.2 installments unless it makes written findings on the record that 19.3 the convicted person is indigent or that the assessment charge 19.4 would create undue hardship for the convicted person or that 19.5 person's immediate family. 19.6 (b) The county shall collect and forward to the 19.7 commissioner of finance $25 of the chemical dependency 19.8 assessment charge within 60 days after sentencing or explain to 19.9 the commissioner in writing why the money was not forwarded 19.10 within this time period. The commissioner shall credit the 19.11 money to the general fund. The county shall collect and keep 19.12 $100 of the chemical dependency assessment charge. 19.13 (c) The chemical dependency assessment charge required 19.14 under this section is in addition to the surcharge required by 19.15 section 357.021, subdivision 6. 19.16 Sec. 29. Minnesota Statutes 2002, section 609.135, is 19.17 amended by adding a subdivision to read: 19.18 Subd. 9. [CERTAIN PERSONS TO RECEIVE MANDATORY CHEMICAL 19.19 DEPENDENCY TREATMENT.] If a court stays the imposition or 19.20 execution of sentence for a person convicted of a violent crime 19.21 as defined in section 609.133, subdivision 1, as a condition of 19.22 probation and in addition to any other conditions imposed, the 19.23 court shall order the person to submit to the level of care 19.24 recommended in the chemical use assessment described in section 19.25 169A.70. 19.26 Sec. 30. [JUDICIAL TRAINING.] 19.27 The supreme court shall include in its judicial education 19.28 program training relating to a judge's powers and duties 19.29 regarding chemical use assessments. 19.30 Sec. 31. [APPROPRIATIONS.] 19.31 (a) $....... for the fiscal year ending June 30, 2004, and 19.32 $....... for the fiscal year ending June 30, 2005, are 19.33 appropriated from the general fund to the commissioner of public 19.34 safety. Of this amount: 19.35 (1) $....... the first year and $....... the second year 19.36 are to increase the complement of state troopers assigned to 20.1 enforcing laws on driving while impaired; 20.2 (2) $....... the first year and $....... the second year 20.3 are for grants under Minnesota Statutes, section 299A.62, 20.4 subdivision 1, paragraph (b), clause (1), to hire law 20.5 enforcement officers to increase law enforcement efforts 20.6 targeting crimes for driving while impaired; 20.7 (3) $....... the first year and $....... the second year 20.8 are for grants to local units of government to conduct 20.9 compliance checks for on-sale and off-sale intoxicating liquor 20.10 license holders to determine whether the license holder is 20.11 complying with Minnesota Statutes, section 340A.503; 20.12 (4) $....... the first year and $....... the second year 20.13 are for community policing grants under Minnesota Statutes, 20.14 section 299A.62, subdivision 1, paragraph (b), clause (3); and 20.15 (5) $....... the first year and $....... the second year 20.16 are for grants to prevent domestic violence and to provide 20.17 services to victims of domestic violence. 20.18 The commissioner shall develop criteria for awarding grants 20.19 under clause (3). Notwithstanding Minnesota Statutes, section 20.20 299A.62, subdivision 2, more than 50 percent of the grants 20.21 described in clause (2) may be made to government entities other 20.22 than Minneapolis and St. Paul. By September 30, 2004, each law 20.23 enforcement agency receiving a grant under clause (4) shall 20.24 provide a written report to the commissioner of public safety 20.25 describing how the grant was used and evaluating the 20.26 effectiveness of the enhanced community policing provided under 20.27 this grant. By December 15, 2004, the commissioner of public 20.28 safety shall report to the chairs and ranking minority leaders 20.29 of the house and senate committees with jurisdiction over 20.30 criminal justice policy and funding on distribution of grants 20.31 under clause (4). This report also shall summarize the 20.32 information provided to the commissioner by the law enforcement 20.33 agencies receiving grants. 20.34 (b) $....... for the fiscal year ending June 30, 2004, and 20.35 $....... for the fiscal year ending June 30, 2005, are 20.36 appropriated from the general fund to the commissioner of 21.1 corrections. Of this amount: 21.2 (1) $....... the first year and $....... the second year 21.3 are for grants under Minnesota Statutes, section 241.022, 21.4 subdivisions 1 and 2, for costs associated with incarcerating 21.5 impaired driving offenders and providing programming for these 21.6 offenders; 21.7 (2) $....... the first year and $....... the second year 21.8 are for the department's costs associated with incarcerating 21.9 felony impaired driving offenders and providing programs for 21.10 these offenders; 21.11 (3) $....... the first year and $....... the second year 21.12 are for grants to counties to establish and operate intensive 21.13 probation programs for repeat impaired driving offenders under 21.14 Minnesota Statutes, section 169A.74; and 21.15 (4) $....... the first year and $....... the second year 21.16 are: 21.17 (i) for increased chemical dependency treatment programs at 21.18 state prisons; and 21.19 (ii) to provide appropriate chemical dependency treatment, 21.20 including aftercare services in Minnesota Statutes, section 21.21 254B.01, subdivision 3, for offenders on supervised release. 21.22 The commissioner shall cooperate with the commissioners of 21.23 public safety and human services as required in Minnesota 21.24 Statutes, section 169A.74, subdivision 1, when making the grants 21.25 described in clause (3). 21.26 (c) $....... for the fiscal year ending June 30, 2004, and 21.27 $....... for the fiscal year ending June 30, 2005, are 21.28 appropriated from the general fund to the commissioner of human 21.29 services for the purpose of fully funding Minnesota Statutes, 21.30 section 254B.04, subdivision 1. This appropriation must become 21.31 part of the base appropriation for this program. 21.32 (d) $....... for the fiscal year ending June 30, 2004, and 21.33 $....... for the fiscal year ending June 30, 2005, are 21.34 appropriated from the general fund to the chief justice of the 21.35 supreme court. Of this amount: 21.36 (1) $....... the first year and $....... the second year 22.1 are for the increased training described in section 30; and 22.2 (2) $....... the first year and $....... the second year 22.3 are for grants to counties for court services and correctional 22.4 costs related to conducting chemical use assessments. 22.5 (e) $....... for the fiscal year ending June 30, 2004, and 22.6 $....... for the fiscal year ending June 30, 2005, are 22.7 appropriated from the general fund to the commissioner of health 22.8 for education and prevention initiatives designed to eliminate 22.9 underage drinking. 22.10 Sec. 32. [REPEALER.] 22.11 Minnesota Statutes 2002, sections 254B.02, subdivisions 2, 22.12 3, and 4; and 254B.09, subdivisions 4, 5, and 7, are repealed. 22.13 Sec. 33. [EFFECTIVE DATE.] 22.14 Sections 2 to 10 and 27 to 29 are effective August 1, 2003, 22.15 and apply to crimes committed on or after that date. Sections 22.16 20 to 23 are effective for taxes imposed after June 30, 2003.