HF 1705

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; creating driver's 
  1.3             license account and allocating to the account proceeds 
  1.4             of fees relating to functions of department of public 
  1.5             safety; appropriating money from the account; amending 
  1.6             Minnesota Statutes 2000, sections 169.09, subdivision 
  1.7             13; 170.23; 171.06, subdivision 2a; 171.07, 
  1.8             subdivision 11; 171.13, subdivision 6; 171.185; 
  1.9             171.26; 171.29, subdivision 2; and 171.36. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2000, section 169.09, 
  1.12  subdivision 13, is amended to read: 
  1.13     Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
  1.14  APPROPRIATION.] (a) All written reports and supplemental reports 
  1.15  required under this section shall be for the use of the 
  1.16  commissioner of public safety and other appropriate state, 
  1.17  federal, county, and municipal governmental agencies for 
  1.18  accident analysis purposes, except: 
  1.19     (1) the commissioner of public safety or any law 
  1.20  enforcement agency shall, upon written request of any person 
  1.21  involved in an accident or upon written request of the 
  1.22  representative of the person's estate, surviving spouse, or one 
  1.23  or more surviving next of kin, or a trustee appointed pursuant 
  1.24  to section 573.02, disclose to the requester, the requester's 
  1.25  legal counsel, or a representative of the requester's insurer 
  1.26  the report required under subdivision 8; 
  1.27     (2) the commissioner of public safety shall, upon written 
  2.1   request, provide the driver filing a report under subdivision 7 
  2.2   with a copy of the report filed by the driver; 
  2.3      (3) the commissioner of public safety may verify with 
  2.4   insurance companies vehicle insurance information to enforce 
  2.5   sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
  2.6      (4) the commissioner of public safety shall provide the 
  2.7   commissioner of transportation the information obtained for each 
  2.8   traffic accident involving a commercial motor vehicle, for 
  2.9   purposes of administering commercial vehicle safety regulations; 
  2.10  and 
  2.11     (5) the commissioner of public safety may give to the 
  2.12  United States Department of Transportation commercial vehicle 
  2.13  accident information in connection with federal grant programs 
  2.14  relating to safety. 
  2.15     (b) Accident reports and data contained in the reports 
  2.16  shall not be discoverable under any provision of law or rule of 
  2.17  court.  No report shall be used as evidence in any trial, civil 
  2.18  or criminal, arising out of an accident, except that the 
  2.19  commissioner of public safety shall furnish upon the demand of 
  2.20  any person who has, or claims to have, made a report, or, upon 
  2.21  demand of any court, a certificate showing that a specified 
  2.22  accident report has or has not been made to the commissioner 
  2.23  solely to prove compliance or failure to comply with the 
  2.24  requirements that the report be made to the commissioner. 
  2.25     (c) Nothing in this subdivision prevents any person who has 
  2.26  made a report pursuant to this section from providing 
  2.27  information to any persons involved in an accident or their 
  2.28  representatives or from testifying in any trial, civil or 
  2.29  criminal, arising out of an accident, as to facts within the 
  2.30  person's knowledge.  It is intended by this subdivision to 
  2.31  render privileged the reports required, but it is not intended 
  2.32  to prohibit proof of the facts to which the reports relate. 
  2.33     (d) Disclosing any information contained in any accident 
  2.34  report, except as provided in this subdivision, section 13.82, 
  2.35  subdivision 3 or 4, or other statutes, is a misdemeanor. 
  2.36     (e) The commissioner of public safety may charge authorized 
  3.1   persons a $5 fee for a copy of an accident report.  The fees 
  3.2   collected must be credited to the driver's license account in 
  3.3   the special revenue fund. 
  3.4      (f) The commissioner and law enforcement agencies may 
  3.5   charge commercial users who request access to response or 
  3.6   incident data relating to accidents a fee not to exceed 50 cents 
  3.7   per report.  "Commercial user" is a user who in one location 
  3.8   requests access to data in more than five accident reports per 
  3.9   month, unless the user establishes that access is not for a 
  3.10  commercial purpose.  Money collected by the commissioner under 
  3.11  this paragraph is appropriated to the commissioner. 
  3.12     Sec. 2.  Minnesota Statutes 2000, section 170.23, is 
  3.13  amended to read: 
  3.14     170.23 [ABSTRACT; FEE; ADMISSIBLE IN EVIDENCE.] 
  3.15     The commissioner shall upon request furnish any person a 
  3.16  certified abstract of the operating record of any person subject 
  3.17  to the provisions of this chapter, and, if there shall be no 
  3.18  record of any conviction of such person of violating any law 
  3.19  relating to the operation of a motor vehicle or of any injury or 
  3.20  damage caused by such person, the commissioner shall so 
  3.21  certify.  Such abstracts shall not be admissible as evidence in 
  3.22  any action for damages or criminal proceedings arising out of a 
  3.23  motor vehicle accident.  A fee of $5 shall be paid for each such 
  3.24  abstract.  The commissioner shall permit a person to inquire 
  3.25  into the operating record of any person by means of the 
  3.26  inquiring person's own computer facilities for a fee to be 
  3.27  determined by the commissioner of at least $2 for each inquiry. 
  3.28  The commissioner shall furnish an abstract that is not certified 
  3.29  for a fee to be determined by the commissioner in an amount less 
  3.30  than the fee for a certified abstract but more than the fee for 
  3.31  an inquiry by computer.  Fees collected under this section must 
  3.32  be paid into the state treasury with 90 percent of the money 
  3.33  credited to the trunk highway driver's license account in the 
  3.34  special revenue fund and ten percent credited to the general 
  3.35  fund. 
  3.36     Sec. 3.  Minnesota Statutes 2000, section 171.06, 
  4.1   subdivision 2a, is amended to read: 
  4.2      Subd. 2a.  [TWO-WHEELED VEHICLE ENDORSEMENT FEE INCREASED.] 
  4.3   (a) The fee for any duplicate driver's license which is obtained 
  4.4   for the purpose of adding a two-wheeled vehicle endorsement is 
  4.5   increased by $18.50 for each first such duplicate license and 
  4.6   $13 for each renewal thereof.  The additional fee shall be paid 
  4.7   into the state treasury and credited as follows: 
  4.8      (1) $11 of the additional fee for each first duplicate 
  4.9   license, and $7 of the additional fee for each renewal, must be 
  4.10  credited to the motorcycle safety fund which is hereby created; 
  4.11  provided that any fee receipts in excess of $750,000 in a fiscal 
  4.12  year shall be credited 90 percent to the trunk highway driver's 
  4.13  license account in the special revenue fund and ten percent to 
  4.14  the general fund, as provided in section 171.26. 
  4.15     (2) The remainder of the additional fee must be credited to 
  4.16  the general fund. 
  4.17     (b) All application forms prepared by the commissioner for 
  4.18  two-wheeled vehicle endorsements shall clearly state the amount 
  4.19  of the total fee that is dedicated to the motorcycle safety fund.
  4.20     Sec. 4.  Minnesota Statutes 2000, section 171.07, 
  4.21  subdivision 11, is amended to read: 
  4.22     Subd. 11.  [STANDBY OR TEMPORARY CUSTODIAN.] (a) Upon the 
  4.23  written request of the applicant and upon payment of an 
  4.24  additional fee of $3.50, the department shall issue a driver's 
  4.25  license or Minnesota identification card bearing a symbol or 
  4.26  other appropriate identifier indicating that the license holder 
  4.27  has appointed an individual to serve as a standby or temporary 
  4.28  custodian under chapter 257B. 
  4.29     (b) The request must be accompanied by a copy of the 
  4.30  designation executed under section 257B.04. 
  4.31     (c) The department shall maintain a computerized records 
  4.32  system of all persons listed as standby or temporary custodians 
  4.33  by driver's license and identification card applicants.  This 
  4.34  data shall be released to appropriate law enforcement agencies 
  4.35  under section 13.69.  Upon a parent's request and payment of a 
  4.36  fee of $3.50, the department shall revise its list of standby or 
  5.1   temporary custodians to reflect a change in the appointment. 
  5.2      (d) At the request of the license or card holder, the 
  5.3   department shall cancel the standby or temporary custodian 
  5.4   indication without additional charge.  However, this paragraph 
  5.5   does not prohibit a fee that may be applicable for a duplicate 
  5.6   or replacement license or card, renewal of a license, or other 
  5.7   service applicable to a driver's license or identification card. 
  5.8      (e) Notwithstanding sections 13.08, subdivision 1, and 
  5.9   13.69, the department and department employees are conclusively 
  5.10  presumed to be acting in good faith when employees rely on 
  5.11  statements made, in person or by telephone, by persons 
  5.12  purporting to be law enforcement and subsequently release 
  5.13  information described in paragraph (b).  When acting in good 
  5.14  faith, the department and department personnel are immune from 
  5.15  civil liability and not subject to suit for damages resulting 
  5.16  from the release of this information. 
  5.17     (f) The department and its employees: 
  5.18     (1) have no duty to inquire or otherwise determine whether 
  5.19  a designation submitted under this subdivision is legally valid 
  5.20  and enforceable; and 
  5.21     (2) are immune from all civil liability and not subject to 
  5.22  suit for damages resulting from a claim that the designation was 
  5.23  not legally valid and enforceable. 
  5.24     (g) Of the fees received by the department under this 
  5.25  subdivision: 
  5.26     (1) Up to $111,000 received in fiscal year 1997 and up to 
  5.27  $61,000 received in subsequent fiscal years must be deposited in 
  5.28  the general fund. 
  5.29     (2) All other fees must be deposited in the trunk highway 
  5.30  driver's license account in the special revenue fund. 
  5.31     Sec. 5.  Minnesota Statutes 2000, section 171.13, 
  5.32  subdivision 6, is amended to read: 
  5.33     Subd. 6.  [INITIAL MOTORCYCLE ENDORSEMENT FEE.] A person 
  5.34  applying for an initial motorcycle endorsement on a driver's 
  5.35  license shall pay at the place of examination a total fee of 
  5.36  $21, which includes the examination fee and endorsement fee, but 
  6.1   does not include the fee for a duplicate driver's license 
  6.2   prescribed in section 171.06, subdivision 2.  Of this amount, 
  6.3   $11 must be credited as provided in section 171.06, subdivision 
  6.4   2a, paragraph (a), clause (1), $2.50 must be credited to 
  6.5   the trunk highway driver's license account in the special 
  6.6   revenue fund, and the remainder must be credited to the general 
  6.7   fund. 
  6.8      Sec. 6.  Minnesota Statutes 2000, section 171.185, is 
  6.9   amended to read: 
  6.10     171.185 [COSTS PAID FROM TRUNK HIGHWAY FUND DRIVER'S 
  6.11  LICENSE ACCOUNT.] 
  6.12     All costs incurred by the commissioner in carrying out the 
  6.13  provisions of sections 171.182 to 171.184 shall be paid from the 
  6.14  trunk highway driver's license account in the special revenue 
  6.15  fund.  
  6.16     Sec. 7.  Minnesota Statutes 2000, section 171.26, is 
  6.17  amended to read: 
  6.18     171.26 [DRIVER'S LICENSE ACCOUNT; MONEY CREDITED TO FUNDS 
  6.19  AND APPROPRIATED.] 
  6.20     (a) The driver's license account is created in the special 
  6.21  revenue fund.  Money credited to this account may be 
  6.22  appropriated to the commissioner of public safety for the 
  6.23  purpose of providing driver's license and other related services 
  6.24  as authorized under this chapter. 
  6.25     (b) All money received under this chapter must be paid into 
  6.26  the state treasury and credited to the trunk highway driver's 
  6.27  license account in the special revenue fund, except as provided 
  6.28  in sections 171.06, subdivision 2a; 171.07, subdivision 11, 
  6.29  paragraph (g); 171.12, subdivision 8; and 171.29, subdivision 2, 
  6.30  paragraph (b). 
  6.31     (c) A sum sufficient is appropriated annually from the 
  6.32  driver's license account to pay the costs of mailing driver's 
  6.33  license renewal notices and producing and mailing driver's 
  6.34  licenses, permits, and identification cards. 
  6.35     Sec. 8.  Minnesota Statutes 2000, section 171.29, 
  6.36  subdivision 2, is amended to read: 
  7.1      Subd. 2.  [FEES, ALLOCATION.] (a) A person whose driver's 
  7.2   license has been revoked as provided in subdivision 1, except 
  7.3   under section 169A.52 or 169A.54, shall pay a $30 fee before the 
  7.4   driver's license is reinstated. 
  7.5      (b) A person whose driver's license has been revoked as 
  7.6   provided in subdivision 1 under section 169A.52 or 169A.54 shall 
  7.7   pay a $250 fee plus a $40 surcharge before the driver's license 
  7.8   is reinstated.  The $250 fee is to be credited as follows: 
  7.9      (1) Twenty percent must be credited to the trunk highway 
  7.10  driver's license account in the special revenue fund. 
  7.11     (2) Fifty-five percent must be credited to the general fund.
  7.12     (3) Eight percent must be credited to a separate account to 
  7.13  be known as the bureau of criminal apprehension account.  Money 
  7.14  in this account may be appropriated to the commissioner of 
  7.15  public safety and the appropriated amount must be apportioned 80 
  7.16  percent for laboratory costs and 20 percent for carrying out the 
  7.17  provisions of section 299C.065. 
  7.18     (4) Twelve percent must be credited to a separate account 
  7.19  to be known as the alcohol-impaired driver education account.  
  7.20  Money in the account is appropriated as follows: 
  7.21     (i) the first $200,000 in a fiscal year to the commissioner 
  7.22  of children, families, and learning for programs for elementary 
  7.23  and secondary school students; and 
  7.24     (ii) the remainder credited in a fiscal year to the 
  7.25  commissioner of transportation to be spent as grants to the 
  7.26  Minnesota highway safety center at St. Cloud State University 
  7.27  for programs relating to alcohol and highway safety education in 
  7.28  elementary and secondary schools. 
  7.29     (5) Five percent must be credited to a separate account to 
  7.30  be known as the traumatic brain injury and spinal cord injury 
  7.31  account.  The money in the account is annually appropriated to 
  7.32  the commissioner of health to be used as follows:  35 percent 
  7.33  for a contract with a qualified community-based organization to 
  7.34  provide information, resources, and support to assist persons 
  7.35  with traumatic brain injury and their families to access 
  7.36  services, and 65 percent to maintain the traumatic brain injury 
  8.1   and spinal cord injury registry created in section 144.662.  For 
  8.2   the purposes of this clause, a "qualified community-based 
  8.3   organization" is a private, not-for-profit organization of 
  8.4   consumers of traumatic brain injury services and their family 
  8.5   members.  The organization must be registered with the United 
  8.6   States Internal Revenue Service under section 501(c)(3) as a 
  8.7   tax-exempt organization and must have as its purposes:  
  8.8      (i) the promotion of public, family, survivor, and 
  8.9   professional awareness of the incidence and consequences of 
  8.10  traumatic brain injury; 
  8.11     (ii) the provision of a network of support for persons with 
  8.12  traumatic brain injury, their families, and friends; 
  8.13     (iii) the development and support of programs and services 
  8.14  to prevent traumatic brain injury; 
  8.15     (iv) the establishment of education programs for persons 
  8.16  with traumatic brain injury; and 
  8.17     (v) the empowerment of persons with traumatic brain injury 
  8.18  through participation in its governance. 
  8.19  No patient's name, identifying information or identifiable 
  8.20  medical data will be disclosed to the organization without the 
  8.21  informed voluntary written consent of the patient or patient's 
  8.22  guardian, or if the patient is a minor, of the parent or 
  8.23  guardian of the patient. 
  8.24     (c) The $40 surcharge must be credited to a separate 
  8.25  account to be known as the remote electronic alcohol monitoring 
  8.26  program account.  The commissioner shall transfer the balance of 
  8.27  this account to the commissioner of finance on a monthly basis 
  8.28  for deposit in the general fund. 
  8.29     (d) When these fees are collected by a licensing agent, 
  8.30  appointed under section 171.061, a handling charge is imposed in 
  8.31  the amount specified under section 171.061, subdivision 4.  The 
  8.32  reinstatement fees and surcharge must be deposited in an 
  8.33  approved state depository as directed under section 171.061, 
  8.34  subdivision 4. 
  8.35     Sec. 9.  Minnesota Statutes 2000, section 171.36, is 
  8.36  amended to read: 
  9.1      171.36 [LICENSE RENEWAL; FEES; PROCEEDS TO TRUNK HIGHWAY 
  9.2   SPECIAL REVENUE FUND.] 
  9.3      All licenses shall expire one year from date of issuance 
  9.4   and may be renewed upon application to the commissioner.  Each 
  9.5   application for an original or renewal school license shall be 
  9.6   accompanied by a fee of $150 and each application for an 
  9.7   original or renewal instructor's license shall be accompanied by 
  9.8   a fee of $50.  The license fees collected under sections 171.33 
  9.9   to 171.41 shall be paid into the trunk highway driver's license 
  9.10  account in the special revenue fund.  No license fee shall be 
  9.11  refunded in the event that the license is rejected or revoked.