HF 2924

as introduced - 87th Legislature (2011 - 2012) Posted on 03/19/2012 12:54pm

A bill for an act
relating to state government; regulating certain motor vehicle taxes; authorizing
representation by public defenders for misdemeanors; appropriating money for
public safety and public defenders; amending Minnesota Statutes 2010, sections
168.013, subdivisions 3, 12; 169.86, by adding a subdivision; 611.14; 611.25,
subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

TRANSPORTATION

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2012 new text end		new text begin 2013 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 515,000 new text end	new text begin $ new text end	new text begin 0 new text end	new text begin $ new text end	new text begin 515,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 515,000 new text end	new text begin $ new text end	new text begin 0 new text end	new text begin $ new text end	new text begin 515,000 new text end

Sec. 2. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to
the agencies and for the purposes specified in this article. The appropriations are from
the trunk highway fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2012" and "2013" used in this article mean that
the appropriations listed under them are available for the fiscal year ending June 30, 2012,
or June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is
fiscal year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the
fiscal year ending June 30, 2012, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2012 new text end		new text begin 2013 new text end

Sec. 3. new text begin DEPARTMENT OF PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 515,000 new text end

new text begin $ new text end

new text begin 0 new text end

new text begin Appropriations by Fund new text end
	new text begin 2012 new text end	new text begin 2013 new text end
new text begin General new text end	new text begin 515,000 new text end	new text begin 0 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Administration and Related Services new text end

new text begin (a) Public Safety Support new text end

new text begin new text end

new text begin 515,000 new text end

new text begin new text end

new text begin 0 new text end

new text begin A onetime appropriation of $515,000
from the general fund for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38. Any unexpended funds
may be carried over into fiscal year 2013.
new text end

Sec. 4.

Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:

Subd. 3.

Application; cancellation; excessive gross weight forbidden.

(a) The
applicant for all licenses based on gross weight shall state the unloaded weight of the
motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
on it, the sum of which constitutes the gross weight upon which the license tax must be
paid. However, the declared gross weight upon which the tax is paid must not be less than
1-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
to be registered, except recreational vehicles taxed under subdivision 1g, school buses
taxed under subdivision 18, and tow trucks or towing vehicles defined in section 169.011,
subdivision 83. The gross weight of a tow truck or towing vehicle is the actual weight
of the tow truck or towing vehicle fully equipped, but does not include the weight of a
wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.

(b) The gross weight of a motor vehicle, trailer, or semitrailer must not exceed
the gross weight upon which the license tax has been paid by more than four percent or
1,000 pounds, whichever is greater; provided that, a vehicle transporting unfinished forest
products on a highway, other than a highway that is part of the system of interstate and
defense highways, unless a federal exemption is granted, in accordance with paragraph
(d)(3):

(1) shall not exceed its gross vehicle weight upon which the license tax has been
paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
exceeding a gross vehicle or axle weight by up to five percent; and

(2) between the dates set by the commissioner in accordance with section 169.826,
subdivision 1, is not subject to any provision of paragraph (d) or chapter 169 limiting
the gross axle weight of any individual axle unless the entire vehicle also exceeds its
gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
allowance permitted under section 169.826, in which case the vehicle is subject to all
applicable penalties for excess weight violations.

(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the
license tax is paid must be indicated by a distinctive character on the license plate or
plates except as provided in subdivision 12 and the plate or plates must be kept clean
and clearly visible at all times.

(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
conviction for transporting a gross weight in excess of the gross weight for which it was
registered or for operating a vehicle with an axle weight exceeding the maximum lawful
axle load weight, is guilty of a misdemeanor and subject to increased registration or
reregistration according to the following schedule:

(1) Upon conviction for transporting a gross weight in excess of the gross weight
for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
load as provided in sections 169.822 to 169.829 by more than the allowance set forth in
paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
driver, or user was convicted of carrying. The increase is computed for the balance of
the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
calendar year beginning with the first day of the month in which the violation occurred.
If the additional registration tax computed upon that weight, plus the tax already paid,
amounts to more than the regular tax for the maximum gross weight permitted for the
vehicle under sections 169.822 to 169.829, that additional amount must nevertheless be
paid into the highway fund, but the additional tax thus paid does not authorize or permit
any person to operate the vehicle with a gross weight in excess of the maximum legal
weight as provided by sections 169.822 to 169.829. Unless the owner within 30 days
after a conviction applies to increase the authorized weight and pays the additional tax
as provided in this section, the registrar shall revoke the registration on the vehicle and
demand the return of the registration card and plates issued on that registration.

(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
semitrailer for transporting a gross weight in excess of the gross weight for which the
motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
as provided in sections 169.822 to 169.829 by 25 percent or more, and in addition to any
penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
privileges on the vehicle involved if the vehicle is being operated under reciprocity
or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
registration on the vehicle operated and demand the return of the registration certificate
and registration plates. The registrar may not cancel the registration or reciprocity
privileges for any vehicle found in violation of seasonal load restrictions imposed under
section 169.87 unless the axle weight exceeds the year-round weight limit for the highway
on which the violation occurred. The registrar may investigate any allegation of gross
weight violations and demand that the operator show cause why all future operating
privileges in the state should not be revoked unless the additional tax assessed is paid.

(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
or unfinished forest products, when the registered gross weight is not exceeded by more
than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
transportation of unprocessed or raw farm products from the place of production or
on-farm storage site to any other location within 50 miles of the place of production or
on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
forest products from the place of production to the place of final processing or manufacture
located within 200 miles of the place of production.

(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
registrar according to this section, the vehicle must not be operated on the highways of the
state until it is registered or reregistered, as the case may be, and new plates issued, and
the registration fee is the annual tax for the total gross weight of the vehicle at the time of
violation. The reregistration pursuant to this subdivision of any vehicle operating under
reciprocity agreements pursuant to section 168.181 or 168.187 must be at the full annual
registration fee without regard to the percentage of vehicle miles traveled in this state.

new text begin (e) Paragraphs (b) and (d) apply to motor vehicles, trailers, or semitrailers that
exceed the weight allowed under a validly issued permit or paid surcharge to the same
extent the paragraphs apply to vehicles that exceed the registered gross weight.
new text end

Sec. 5.

Minnesota Statutes 2010, section 168.013, subdivision 12, is amended to read:

Subd. 12.

Additional tax for excessive gross weight.

new text begin (a) new text end Whenever an owner has
registered a vehicle and paid the tax as provided in subdivisions 1 to 1g, on the basis of
a selected gross weight of the vehicle and thereafter such owner desires to operate such
vehicle with a greater gross weight than that for which the tax has been paid, such owner
shall be permitted to reregister such vehicle by paying the additional tax due thereon
for the remainder of the calendar year for which such vehicle has been reregistered, the
additional tax computed pro rata by the month, 1/12 of the annual tax due for each month
of the year remaining in the calendar year, beginning with the first day of the month in
which such owner desires to operate the vehicle with the greater weight.

new text begin (b) new text end In computing the additional tax deleted text begin as aforesaid deleted text end , the owner shall be given credit for
the unused portion of the tax previously paid computed pro rata by the month, 1/12 of
the annual tax paid for each month of the year remaining in the calendar year beginning
with the first day of the month in which such owner desires to operate the vehicle with
the greater weight.

new text begin (c) The owner of a vehicle may reregister the vehicle for a weight of more than
80,000 pounds for one or more 30-day periods. For each 30-day period, the additional tax
shall be equal to 1/12 of the difference between the annual tax for the weight at which the
vehicle is registered and reregistered. This paragraph and paragraphs (a) and (b) do not
apply to an owner who obtains a permit under chapter 169 and pays the permit surcharge
as provided in section 169.86, subdivision 5a.
new text end

new text begin (d) new text end An owner will be permitted one reduction of gross weight or change of
registration per year, which will result in a refund. This refund will be prorated monthly
beginning with the first day of the month after such owner applies to amend the
registration. The application for amendment shall be accompanied by a fee of $3, and all
fees shall be deposited in the highway user tax distribution fund. deleted text begin Provided, however, the
owner of a vehicle may reregister the vehicle for a weight of more than 81,000 pounds
for one or more 30-day periods. For each 30-day period, the additional tax shall be equal
to 1/12 of the difference between the annual tax for the weight at which the vehicle
is registered and reregistered. When a vehicle is reregistered in accordance with this
provision, a distinctive windshield sticker provided by the commissioner of public safety
shall be permanently displayed.
deleted text end

Sec. 6.

Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Permit surcharge in lieu of increased registration. new text end

new text begin (a) Unless an
applicant for a special permit for weight can show that the vehicle has been registered for
the weight being allowed under a permit, or has another effective permit for which the
surcharge under this subdivision has been paid, the commissioner shall collect a permit
surcharge in addition to the permit fee.
new text end

new text begin (b) The surcharge shall be calculated as the difference between the registration tax
paid under section 168.013 and the tax that would be due under that section at the gross
weight allowed under the permit, prorated by the number of days for which the permit is
effective. If the number of days that the permit is effective is not determinable at the time
the permit is issued, the difference between the registration tax paid and the registration
tax that would be due under section 168.013 shall be prorated by the month, rounded to
the nearest number of months the permit will be in effect.
new text end

new text begin (c) When a permit surcharge is paid under this subdivision, payment of the additional
tax for excessive gross weight under section 168.013 is not required for the time and
weight covered by the permit. No refunds are provided under this subdivision. Proceeds
of the surcharge must be deposited in the state treasury and credited to the highway user
tax distribution fund.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 4 to 6 are effective for the registration period beginning March 1, 2013.
new text end

ARTICLE 2

PUBLIC SAFETY AND JUDICIARY

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2012 new text end		new text begin 2013 new text end		new text begin Total new text end
new text begin General new text end	new text begin $ new text end	new text begin 295,000 new text end	new text begin $ new text end	new text begin 180,000 new text end	new text begin $ new text end	new text begin 475,000 new text end
new text begin Special Revenue new text end		new text begin -0- new text end		new text begin 4,500,000 new text end		new text begin 4,500,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 295,000 new text end	new text begin $ new text end	new text begin 4,680,000 new text end	new text begin $ new text end	new text begin 4,975,000 new text end

Sec. 2. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2012, or
June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
year ending June 30, 2012, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2012 new text end		new text begin 2013 new text end

Sec. 3. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 60,000 new text end

new text begin $ new text end

new text begin 180,000 new text end

new text begin These appropriations are added to the
appropriations in Laws 2011, First Special
Session chapter 1, article 1, section 10.
new text end

Sec. 4. new text begin PUBLIC SAFETY. new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 235,000 new text end

new text begin $ new text end

new text begin 4,500,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2012 new text end	new text begin 2013 new text end
new text begin General new text end	new text begin 235,000 new text end	new text begin -0- new text end
new text begin Special Revenue new text end	new text begin -0- new text end	new text begin 4,500,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd.2. new text end new text begin Emergency Management new text end new text begin new text end

new text begin 235,000 new text end

new text begin -0- new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 235,000 new text end	new text begin -0- new text end

new text begin This appropriation is to provide a match for
Federal Emergency Management Agency
(FEMA) disaster assistance to state agencies
and political subdivisions under Minnesota
Statutes, section 12.221, in the area
designated under Presidential Declaration
of Major Disaster, FEMA-DR-1900-MN,
whether included in the original declaration
or added later by federal government action.
This is a onetime appropriation. This
appropriation is available until expended.
new text end

new text begin Subd. 3. new text end new text begin Fire Marshal new text end

new text begin -0- new text end

new text begin 4,500,000 new text end

new text begin This appropriation is from the fire safety
account of the special revenue fund and is
for activities and programs under Minnesota
Statutes, section 299F.012. This is a onetime
appropriation.
new text end

Sec. 5.

Minnesota Statutes 2010, section 611.14, is amended to read:

611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.

The following persons who are financially unable to obtain counsel are entitled to be
represented by a public defender:

(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
person charged under sections 629.01 to 629.29;

(2) a person appealing from a conviction of a felony deleted text begin or deleted text end new text begin , new text end gross misdemeanor, new text begin or
misdemeanor, new text end or a person convicted of a felony deleted text begin or deleted text end new text begin , new text end gross misdemeanor, new text begin or misdemeanor, new text end
who is pursuing a postconviction proceeding and who has not already had a direct appeal
of the conviction;

(3) a person who is entitled to be represented by counsel under section 609.14,
subdivision 2; or

(4) a minor ten years of age or older who is entitled to be represented by counsel
under section 260B.163, subdivision 4, or 260C.163, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2010, section 611.25, subdivision 1, is amended to read:

Subdivision 1.

Representation.

(a) The chief appellate public defender shall
represent, without charge:

(1) a defendant or other person appealing from a conviction of a felony deleted text begin or deleted text end new text begin , new text end gross
misdemeanor new text begin , or misdemeanor new text end ;

(2) a person convicted of a felony deleted text begin or deleted text end new text begin , new text end gross misdemeanor new text begin , or misdemeanor new text end who is
pursuing a postconviction proceeding and who has not already had a direct appeal of
the conviction; and

(3) a child who is appealing from a delinquency adjudication or from an extended
jurisdiction juvenile conviction.

(b) The chief appellate public defender may represent, without charge, all other
persons pursuing a postconviction remedy under section 590.01, who are financially
unable to obtain counsel.

(c) The chief appellate public defender shall not represent a person in any action or
proceeding in which a party is seeking a monetary judgment, recovery or award.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end