1.1 	A bill for an act
1.2 	relating to crime prevention; providing for an aggressive initiative against 
1.3 	impaired driving and chemical dependency; increasing the tax on alcoholic 
1.4 	beverages to fund this initiative; eliminating obsolete language and making 
1.5 	technical corrections; appropriating money; amending Minnesota Statutes 
1.6 	2004, sections 169A.275, subdivision 5; 169A.284, subdivision 1; 169A.54, 
1.7 	subdivision 11; 169A.70, subdivisions 2, 3, by adding subdivisions; 254B.01, 
1.8 	subdivisions 2, 3; 254B.02, subdivision 1; 254B.03, subdivisions 1, 4; 254B.04, 
1.9 	subdivisions 1, 3; 254B.06, subdivisions 1, 2; 297G.03, subdivisions 1, 2; 
1.10 	297G.04, subdivisions 1, 2; 299A.62, subdivisions 1, 2; 609.115, subdivision 8; 
1.11 	609.135, by adding a subdivision; proposing coding for new law in Minnesota 
1.12 	Statutes, chapters 373; 609; repealing Minnesota Statutes 2004, sections 
1.13 	254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7.
1.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.15 	Section 1. LEGISLATIVE FINDINGS AND INTENT.
 1.16 	The legislature finds that:
1.17 	(1) impaired driving offenses kill and injure more Minnesotans than any other crime;
1.18 	(2) many violent crimes are committed by offenders who are under the influence 
1.19 	of alcohol; and 
1.20 	(3) alcohol abuse contributes to domestic violence and destroys families.
1.21 	The legislature considers the need to address the problem of alcohol abuse to be a 
1.22 	high priority.  Furthermore, the legislature determines that the costs of fighting alcohol 
1.23 	abuse should be funded by those who abuse alcohol and those who profit from its sale. 
1.24 	Consequently, the legislature is increasing the tax on the sale of alcohol to fund aggressive 
1.25 	efforts to reduce impaired driving offenses and generally prevent crime, injury, and loss 
1.26 	of life through chemical dependency prevention, screening, and treatment and through 
1.27 	increased law enforcement, prosecution, and incarceration efforts.

2.1 	Sec. 2. Minnesota Statutes 2004, section 169A.275, subdivision 5, is amended to read:
2.2 		Subd. 5.Level of care recommended in chemical use assessment.  Unless the 
2.3 	court commits the person to the custody of the commissioner of corrections as provided in 
2.4 	section 169A.276 (mandatory penalties; felony violations), in addition to other penalties 
2.5 	required under this section, if the person has not already done so,the court shall order 
2.6 	a person to submit to the level of care recommended in the chemical use assessment 
2.7 	conducted under section 169A.70 (alcohol safety program; chemical use assessments) if 
2.8 	the person:  (1) is convicted of violating section 169A.20 (driving while impaired) ~~while~~ 
2.9 	~~having an alcohol concentration of 0.20 or more as measured at the time, or within two~~ 
2.10 	~~hours of the time, of the offense or if the violation occurs within ten years of one or more~~ 
2.11 	~~qualified prior impaired driving incidents~~ ; or (2) is arrested for violating section 169A.20, 
2.12 	but is convicted of another offense arising out of the circumstances surrounding the arrest.

2.13 	Sec. 3. Minnesota Statutes 2004, section 169A.284, subdivision 1, is amended to read:
2.14 		Subdivision 1.When required.  (a) When a court sentences a person convicted of 
2.15 	an offense enumerated in section 169A.70, subdivision 2, paragraph (b), clause (1) or 
2.16 	(2),(chemical use assessment; requirement; form), it shall impose a chemical dependency 
2.17 	assessment charge of $125.  A person shall pay an additional surcharge of $5 if the 
2.18 	person is convicted of a violation of section 169A.20 (driving while impaired) within five 
2.19 	years of a prior impaired driving conviction or a prior conviction for an offense arising 
2.20 	out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section 
2.21 	169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated 
2.22 	DWI-related violations; penalty).  This section applies when the sentence is executed, 
2.23 	stayed, or suspended.  The court may not waive payment or authorize payment of the 
2.24 	assessment charge and surcharge in installments unless it makes written findings on the 
2.25 	record that the convicted person is indigent or that the assessment charge and surcharge 
2.26 	would create undue hardship for the convicted person or that person's immediate family.
2.27 	(b) The chemical dependency assessment charge and surcharge required under 
2.28 	this section are in addition to the surcharge required by section 357.021, subdivision 6 
2.29 	(surcharges on criminal and traffic offenders).

2.30 	Sec. 4. Minnesota Statutes 2004, section 169A.54, subdivision 11, is amended to read:
2.31 		Subd. 11.Chemical use assessment.  When the evidentiary test shows an alcohol 
2.32 	concentration of 0.07 or more, that result must be reported to the commissioner.  The 
2.33 	commissioner shall record that fact on the driver's record.  When the driver's record shows 
2.34 	a second or subsequent report of an alcohol concentration of 0.07 or more within two 
3.1 	years of a recorded report, the commissioner may require that the driver have a chemical 
3.2 	use assessment meeting the commissioner's requirements and those of section 169A.70.  
3.3 	The assessment must be at the driver's expense.  In no event shall the commissioner deny 
3.4 	the license of a person who refuses to take the assessment or to undertake treatment, if 
3.5 	treatment is indicated by the assessment, for longer than 90 days.  If an assessment is 
3.6 	made pursuant to this section, the commissioner may waive the assessment required 
3.7 	by section 169A.70.

3.8 	Sec. 5. Minnesota Statutes 2004, section 169A.70, subdivision 2, is amended to read:
3.9 		Subd. 2.Chemical use assessment requirement. (a) As used in this subdivision, 
3.10 	"violent crime" has the meaning given in section 609.133, subdivision 1.
3.11 	(b) A chemical use assessment must be conducted and an assessment report 
3.12 	submitted to the court and to the Department of Public Safety by the county agency 
3.13 	administering the alcohol safety program when:
3.14 	(1) the defendant is convicted of an offense described in section 169A.20 (driving 
3.15 	while impaired), 169A.31 (alcohol-related school bus and Head Start bus driving), or 
3.16 	360.0752 (impaired aircraft operation); ~~or~~ 
3.17 	(2) the defendant is arrested for committing an offense described in clause (1) but is 
3.18 	convicted of another offense arising out of the circumstances surrounding the arrest; or 
3.19 	(3) the defendant is convicted of a violent crime.

3.20 	Sec. 6. Minnesota Statutes 2004, section 169A.70, subdivision 3, is amended to read:
3.21 		Subd. 3.Assessment report.  (a) The assessment report must be on a form 
3.22 	prescribed by the commissioner and shall contain an evaluation of the convicted defendant 
3.23 	concerning the defendant's prior traffic and criminal record, characteristics and history 
3.24 	of alcohol and chemical use problems, and amenability to rehabilitation through the 
3.25 	alcohol safety program.  The report is classified as private data on individuals as defined 
3.26 	in section 13.02, subdivision 12.
3.27 	(b) The assessment report must include:
3.28 	(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;
3.29 	(2) an assessment of the severity level of the involvement;
3.30 	(3) a recommended level of care for the offender in accordance with the criteria 
3.31 	contained in rules adopted by the commissioner of human services under section 254A.03, 
3.32 	subdivision 3 (chemical dependency treatment rules);
3.33 	(4) an assessment of the offender's placement needs;
4.1 	~~(2)~~ (5) recommendations for other appropriate remedial action or care, including 
4.2 	aftercare services in section 254B.01, subdivision 3,that may consist of educational 
4.3 	programs, one-on-one counseling, a program or type of treatment that addresses mental 
4.4 	health concerns, or a combination of them; ~~or~~ and 
4.5 	~~(3)~~ (6) a specific explanation why no level of care or action was recommended, 
4.6 	if applicable.

4.7 	Sec. 7. Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision 
4.8 	to read:
4.9 		Subd. 6.Method of assessment. (a) As used in this subdivision, "collateral contact" 
4.10 	means an oral or written communication initiated by an assessor for the purpose of 
4.11 	gathering information from an individual or agency, other than the offender, to verify or 
4.12 	supplement information provided by the offender during an assessment under this section. 
4.13 	The term includes contacts with family members, criminal justice agencies, educational 
4.14 	institutions, and employers.
4.15 	(b) An assessment conducted under this section must include as least one personal 
4.16 	interview with the offender designed to make a determination about the extent of the 
4.17 	offender's past and present chemical and alcohol use or abuse.  It must also include 
4.18 	collateral contacts and a review of relevant records or reports regarding the offender 
4.19 	including, but not limited to, police reports, arrest reports, driving records, chemical testing 
4.20 	records, and test refusal records.  If the offender has a probation officer, the officer must be 
4.21 	the subject of a collateral contact, under this subdivision.  If an assessor is unable to make 
4.22 	collateral contacts, the assessor shall specify why collateral contacts were not made.

4.23 	Sec. 8. Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision 
4.24 	to read:
4.25 		Subd. 7.Preconviction assessment. (a) The court may not accept a chemical use 
4.26 	assessment conducted before conviction as a substitute for the assessment required by this 
4.27 	section unless the court ensures that the preconviction assessment meets the standards 
4.28 	described in this section.
4.29 	(b) If the commissioner of public safety is making a decision regarding reinstating 
4.30 	a person's driver's license based on a chemical use assessment, the commissioner shall 
4.31 	ensure that the assessment meets the standards described in this section.

4.32 	Sec. 9. Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision 
4.33 	to read:
5.1 		Subd. 8.Timing of assessment. Chemical use assessments conducted under this 
5.2 	section must be completed at the earliest time possible.  It is a strong preference that the 
5.3 	interview with the offender be conducted while the offender is being initially held in 
5.4 	custody after arrest.

5.5 	Sec. 10. Minnesota Statutes 2004, section 169A.70, is amended by adding a 
5.6 	subdivision to read:
5.7 		Subd. 9.Court's authority to require assessments in other instances. A court 
5.8 	having jurisdiction over a person in a juvenile, criminal, or civil proceeding may order that 
5.9 	the person submit to a chemical use assessment under this section if the court has reason 
5.10 	to believe that the person may have a chemical dependency problem.

5.11 	Sec. 11. Minnesota Statutes 2004, section 254B.01, subdivision 2, is amended to read:
5.12 		Subd. 2.American indian.  For purposes of services provided under ~~section~~ 
5.13 	~~254B.09, subdivision 7~~ this chapter, "American Indian" means (1) a person who is a 
5.14 	member of an Indian tribe, and the commissioner shall use the definitions of "Indian" and 
5.15 	"Indian tribe" and "Indian organization" provided in Public Law 93-638~~.  For purposes of~~ 
5.16 	~~services provided under section 254B.09, subdivision 4, "American Indian" means~~ or (2) a 
5.17 	resident of federally recognized tribal lands who is recognized as an Indian person by the 
5.18 	federally recognized tribal governing body.

5.19 	Sec. 12. Minnesota Statutes 2004, section 254B.01, subdivision 3, is amended to read:
5.20 		Subd. 3.Chemical dependency services.  "Chemical dependency services" means a 
5.21 	planned program of care for the treatment of chemical dependency or chemical abuse to 
5.22 	minimize or prevent further chemical abuse by the person, including, but not limited to, 
5.23 	aftercare services, case management, counseling, employment or educational services, 
5.24 	and sober housing. Diagnostic, evaluation, prevention, referral, and detoxification ~~, and~~ 
5.25 	~~aftercare services~~ that are not part of a program of care licensable as a residential or 
5.26 	nonresidential chemical dependency treatment program are not chemical dependency 
5.27 	services for purposes of this section.  For pregnant and postpartum women, chemical 
5.28 	dependency services include halfway house services~~, aftercare services,~~and psychological 
5.29 	services~~, and case management~~.

5.30 	Sec. 13. Minnesota Statutes 2004, section 254B.02, subdivision 1, is amended to read:
5.31 		Subdivision 1.Chemical dependency treatment allocation.  The chemical 
5.32 	dependency funds appropriated for allocation shall be placed in a special revenue account.  
6.1 	The commissioner shall annually transfer funds from the chemical dependency fund to pay 
6.2 	for operation of the drug and alcohol abuse normative evaluation system and to pay for all 
6.3 	costs incurred by adding two positions for licensing of chemical dependency treatment 
6.4 	and rehabilitation programs located in hospitals for which funds are not otherwise 
6.5 	appropriated. ~~For each year of the biennium ending June 30, 1999, the commissioner shall~~ 
6.6 	~~allocate funds to the American Indian chemical dependency tribal account for treatment~~ 
6.7 	~~of American Indians by eligible vendors under section 254B.05, equal to the amount~~ 
6.8 	~~allocated in fiscal year 1997.  The commissioner shall annually divide the money available~~ 
6.9 	~~in the chemical dependency fund that is not held in reserve by counties from a previous~~ 
6.10 	~~allocation, or allocated to the American Indian chemical dependency tribal account.  Six~~ 
6.11 	~~percent of the remaining money must be reserved for the nonreservation American Indian~~ 
6.12 	~~chemical dependency allocation for treatment of American Indians by eligible vendors~~ 
6.13 	~~under section 254B.05, subdivision 1.  The remainder of the money must be allocated~~ 
6.14 	~~among the counties according to the following formula, using state demographer data and~~ 
6.15 	~~other data sources determined by the commissioner:~~
6.16 	~~(a) For purposes of this formula, American Indians and children under age 14 are~~ 
6.17 	~~subtracted from the population of each county to determine the restricted population.~~
6.18 	~~(b) The amount of chemical dependency fund expenditures for entitled persons for~~ 
6.19 	~~services not covered by prepaid plans governed by section 256B.69 in the previous year is~~ 
6.20 	~~divided by the amount of chemical dependency fund expenditures for entitled persons for~~ 
6.21 	~~all services to determine the proportion of exempt service expenditures for each county.~~
6.22 	~~(c) The prepaid plan months of eligibility is multiplied by the proportion of exempt~~ 
6.23 	~~service expenditures to determine the adjusted prepaid plan months of eligibility for~~ 
6.24 	~~each county.~~
6.25 	~~(d) The adjusted prepaid plan months of eligibility is added to the number of~~ 
6.26 	~~restricted population fee for service months of eligibility for the Minnesota family~~ 
6.27 	~~investment program, general assistance, and medical assistance and divided by the county~~ 
6.28 	~~restricted population to determine county per capita months of covered service eligibility.~~
6.29 	~~(e) The number of adjusted prepaid plan months of eligibility for the state is added~~ 
6.30 	~~to the number of fee for service months of eligibility for the Minnesota family investment~~ 
6.31 	~~program, general assistance, and medical assistance for the state restricted population and~~ 
6.32 	~~divided by the state restricted population to determine state per capita months of covered~~ 
6.33 	~~service eligibility.~~
6.34 	~~(f) The county per capita months of covered service eligibility is divided by the~~ 
6.35 	~~state per capita months of covered service eligibility to determine the county welfare~~ 
6.36 	~~caseload factor.~~
7.1 	~~(g) The median married couple income for the most recent three-year period~~ 
7.2 	~~available for the state is divided by the median married couple income for the same period~~ 
7.3 	~~for each county to determine the income factor for each county.~~
7.4 	~~(h) The county restricted population is multiplied by the sum of the county welfare~~ 
7.5 	~~caseload factor and the county income factor to determine the adjusted population.~~
7.6 	~~(i) $15,000 shall be allocated to each county.~~
7.7 	~~(j) The remaining funds shall be allocated proportional to the county adjusted~~ 
7.8 	~~population.~~

7.9 	Sec. 14. Minnesota Statutes 2004, section 254B.03, subdivision 1, is amended to read:
7.10 		Subdivision 1.Local agency duties.  (a) Every local agency shall provide chemical 
7.11 	dependency services to persons residing within its jurisdiction who meet criteria 
7.12 	established by the commissioner for placement in a chemical dependency residential or 
7.13 	nonresidential treatment service.  Chemical dependency money must be administered 
7.14 	by the local agencies according to law and rules adopted by the commissioner under 
7.15 	sections 14.001 to 14.69.
7.16 	(b) In order to contain costs, the county board shall, with the approval of the 
7.17 	commissioner of human services, select eligible vendors of chemical dependency services 
7.18 	who can provide economical and appropriate treatment.  Unless the local agency is a social 
7.19 	services department directly administered by a county or human services board, the local 
7.20 	agency shall not be an eligible vendor under section 254B.05.  The commissioner may 
7.21 	approve proposals from county boards to provide services in an economical manner or to 
7.22 	control utilization, with safeguards to ensure that necessary services are provided.  If a 
7.23 	county implements a demonstration or experimental medical services funding plan, the 
7.24 	commissioner shall transfer the money as appropriate.  If a county selects a vendor located 
7.25 	in another state, the county shall ensure that the vendor is in compliance with the rules 
7.26 	governing licensure of programs located in the state.
7.27 	(c) ~~The calendar year 2002 rate for vendors may not increase more than three~~ 
7.28 	~~percent above the rate approved in effect on January 1, 2001.  The calendar year 2003~~ 
7.29 	~~rate for vendors may not increase more than three percent above the rate in effect on~~ 
7.30 	~~January 1, 2002.  The calendar years 2004 and 2005 rates may not exceed the rate in~~ 
7.31 	~~effect on January 1, 2003.~~
7.32 	~~(d)~~ A culturally specific vendor that provides assessments under a variance under 
7.33 	Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to 
7.34 	persons not covered by the variance.

8.1 	Sec. 15. Minnesota Statutes 2004, section 254B.03, subdivision 4, is amended to read:
8.2 		Subd. 4.Division of costs.  Except for services provided by a county under 
8.3 	section 254B.09, subdivision 1, or services provided under section 256B.69 or 256D.03, 
8.4 	subdivision 4, paragraph (b), the county shall, out of local money, pay the state for ~~15~~ five 
8.5 	percent of the cost of chemical dependency services, including those services provided 
8.6 	to persons eligible for medical assistance under chapter 256B and general assistance 
8.7 	medical care under chapter 256D.  Counties may use the indigent hospitalization levy for 
8.8 	treatment and hospital payments made under this section. ~~Fifteen~~ Five percent of any state 
8.9 	collections from private or third-party pay, less ~~15~~ five  percent of the cost of payment and 
8.10 	collections, must be distributed to the county that paid for a portion of the treatment under 
8.11 	this section. ~~If all funds allocated according to section 254B.02 are exhausted by a county~~ 
8.12 	~~and the county has met or exceeded the base level of expenditures under section 254B.02,~~ 
8.13 	~~subdivision 3, the county shall pay the state for 15 percent of the costs paid by the state~~ 
8.14 	~~under this section.  The commissioner may refuse to pay state funds for services to persons~~ 
8.15 	~~not eligible under section 254B.04, subdivision 1, if the county financially responsible for~~ 
8.16 	~~the persons has exhausted its allocation.~~

8.17 	Sec. 16. Minnesota Statutes 2004, section 254B.04, subdivision 1, is amended to read:
8.18 		Subdivision 1.Eligibility.  (a) Persons eligible for benefits under Code of Federal 
8.19 	Regulations, title 25, part 20, persons eligible for medical assistance benefits under 
8.20 	sections 256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, or who meet 
8.21 	the income standards of section 256B.056, subdivision 4, and persons eligible for general 
8.22 	assistance medical care under section 256D.03, subdivision 3, are entitled to chemical 
8.23 	dependency fund services. ~~State money appropriated for this paragraph must be placed in~~ 
8.24 	~~a separate account established for this purpose.~~
8.25 	Persons with dependent children who are determined to be in need of chemical 
8.26 	dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or 
8.27 	a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the 
8.28 	local agency to access needed treatment services. Treatment services must be appropriate 
8.29 	for the individual or family, which may include long-term care treatment or treatment in a 
8.30 	facility that allows the dependent children to stay in the treatment facility.  The county 
8.31 	shall pay for out-of-home placement costs, if applicable.
8.32 	(b) A person not entitled to services under paragraph (a)~~, but with family income~~ 
8.33 	~~that is less than 215 percent of the federal poverty guidelines for the applicable family~~ 
8.34 	~~size, shall be eligible to receive chemical dependency fund services within the limit~~ 
8.35 	~~of funds appropriated for this group for the fiscal year.  If notified by the state agency~~ 
9.1 	~~of limited funds, a county must give preferential treatment to persons with dependent~~ 
9.2 	~~children who are in need of chemical dependency treatment pursuant to an assessment~~ 
9.3 	~~under section 626.556, subdivision 10, or a case plan under section 260C.201, subdivision~~ 
9.4 	~~6, or 260C.212.  A county may spend money from its own sources to serve persons under~~ 
9.5 	~~this paragraph.  State money appropriated for this paragraph must be placed in a separate~~ 
9.6 	~~account established for this purpose.~~
9.7 	~~(c) Persons whose income is between 215 percent and 412 percent of the federal~~ 
9.8 	~~poverty guidelines for the applicable family size~~ shall be eligible for chemical dependency 
9.9 	services on a sliding fee basis~~, within the limit of funds appropriated for this group for the~~ 
9.10 	~~fiscal year~~.  Persons eligible under this paragraph must contribute to the cost of services 
9.11 	according to the sliding fee scale established under subdivision 3. ~~A county may spend~~ 
9.12 	~~money from its own sources to provide services to persons under this paragraph.  State~~ 
9.13 	~~money appropriated for this paragraph must be placed in a separate account established~~ 
9.14 	~~for this purpose.~~

9.15 	Sec. 17. Minnesota Statutes 2004, section 254B.04, subdivision 3, is amended to read:
9.16 		Subd. 3.Amount of contribution.  The commissioner shall adopt a sliding fee scale 
9.17 	to determine the amount of contribution to be required from persons under this section. 
9.18 	The commissioner may adopt rules to amend existing fee scales. The commissioner 
9.19 	may establish a separate fee scale for recipients of chemical dependency transitional and 
9.20 	extended care rehabilitation services that provides for the collection of fees for board 
9.21 	and lodging expenses.  The fee schedule shall ensure that employed persons are allowed 
9.22 	the income disregards and savings accounts that are allowed residents of community 
9.23 	mental illness facilities under section 256D.06, subdivisions 1 and 1b. ~~The fee scale~~ 
9.24 	~~must not provide assistance to persons whose income is more than 115 percent of the~~ 
9.25 	~~state median income.~~ Payments of liabilities under this section are medical expenses for 
9.26 	purposes of determining spenddown under sections 256B.055, 256B.056, 256B.06, and 
9.27 	256D.01 to 256D.21.  The required amount of contribution established by the fee scale in 
9.28 	this subdivision is also the cost of care responsibility subject to collection under section 
9.29 	254B.06, subdivision 1.

9.30 	Sec. 18. Minnesota Statutes 2004, section 254B.06, subdivision 1, is amended to read:
9.31 		Subdivision 1.State collections.  The commissioner is responsible for all collections 
9.32 	from persons determined to be partially responsible for the cost of care of an eligible 
9.33 	person receiving services under ~~Laws 1986, chapter 394, sections 8 to 20~~ this chapter.  
9.34 	The commissioner may initiate, or request the attorney general to initiate, necessary civil 
10.1 	action to recover the unpaid cost of care.  The commissioner may collect all third-party 
10.2 	payments for chemical dependency services provided under ~~Laws 1986, chapter 394,~~ 
10.3 	~~sections 8 to 20~~ this chapter, including private insurance and federal Medicaid and 
10.4 	Medicare financial participation.  The commissioner shall deposit in a dedicated account 
10.5 	a percentage of collections to pay for the cost of operating the chemical dependency 
10.6 	consolidated treatment fund invoice processing and vendor payment system, billing, and 
10.7 	collections.  The remaining receipts must be deposited in the chemical dependency fund.

10.8 	Sec. 19. Minnesota Statutes 2004, section 254B.06, subdivision 2, is amended to read:
10.9 		Subd. 2.Allocation of collections.  The commissioner shall allocate all federal 
10.10 	financial participation collections to the ~~reserve~~ chemical dependency fund under section 
10.11 	254B.02, subdivision ~~3~~ 1.  The commissioner shall retain ~~85~~ 95 percent of patient 
10.12 	payments and third-party payments and allocate the collections to the treatment allocation 
10.13 	for the county that is financially responsible for the person. ~~Fifteen~~ Five percent of patient 
10.14 	and third-party payments must be paid to the county financially responsible for the patient.  
10.15 	Collections for patient payment and third-party payment for services provided under 
10.16 	section 254B.09 shall be allocated to the allocation of the tribal unit which placed the 
10.17 	person.  Collections of federal financial participation for services provided under section 
10.18 	254B.09 shall be allocated to the ~~tribal reserve account~~ chemical dependency fund under 
10.19 	section ~~254B.09~~ 254B.02, subdivision ~~5~~ 1.

10.20 	Sec. 20. Minnesota Statutes 2004, section 297G.03, subdivision 1, is amended to read:
10.21 		Subdivision 1.General rate; distilled spirits and wine.  The following excise tax is 
10.22 	imposed on all distilled spirits and wine manufactured, imported, sold, or possessed in 
10.23 	this state:
10.24 	Standard             Metric (a) Distilled spirits, ~~$5.03~~ $17.69 ~~$1.33~~ $4.73  liqueurs, cordials,         per 
10.25 	gallon         per liter and specialties regardless of alcohol content (excluding ethyl alcohol) (b) 
10.26 	Wine containing ~~$ .30~~ $2.40 ~~$ .08~~ $0.64  14 percent or less          per gallon         per liter alcohol by 
10.27 	volume (except cider as defined in section 297G.01, subdivision 3a) (c) Wine containing ~~$~~ 
10.28 	~~.95~~ $3.01 ~~$ .25~~ $0.81  more than 14 percent        per gallon         per liter but not more than 21 percent 
10.29 	alcohol by volume (d) Wine containing more ~~$1.82~~ $3.88 ~~$ .48~~ $1.04  than 21 percent but 
10.30 	not     per gallon         per liter more than 24 percent alcohol by volume (e) Wine containing more 
10.31 	~~$3.52~~ $5.56 ~~$ .93~~ $1.49  than 24 percent alcohol     per gallon         per liter by volume (f) Natural 
10.32 	and ~~$1.82~~ $3.88 ~~$ .48~~ $1.04  artificial sparkling wines  per gallon         per liter containing 
10.33 	alcohol (g) Cider as defined in ~~$ .15~~ $2.25 ~~$ .04~~ $0.60  section 297G.01,            per gallon         per liter 
10.34 	subdivision 3a (h) Low alcohol dairy       $ .08 per gallon   $ .02 per liter cocktails
11.1 	In computing the tax on a package of distilled spirits or wine, a proportional tax at a 
11.2 	like rate on all fractional parts of a gallon or liter must be paid, except that the tax on a 
11.3 	fractional part of a gallon less than 1/16 of a gallon is the same as for 1/16 of a gallon.

11.4 	Sec. 21. Minnesota Statutes 2004, section 297G.03, subdivision 2, is amended to read:
11.5 		Subd. 2.Tax on miniatures; distilled spirits.  The tax on miniatures is ~~14~~ 24 
11.6 	cents per bottle.

11.7 	Sec. 22. Minnesota Statutes 2004, section 297G.04, subdivision 1, is amended to read:
11.8 		Subdivision 1.Tax imposed.  The following excise tax is imposed on all fermented 
11.9 	malt beverages that are imported, directly or indirectly sold, or possessed in this state:
11.10 	(1) on fermented malt beverages containing not more than 3.2 percent alcohol by 
11.11 	weight, ~~$2.40~~ $35.32 per 31-gallon barrel; and
11.12 	(2) on fermented malt beverages containing more than 3.2 percent alcohol by 
11.13 	weight, ~~$4.60~~ $37.52 per 31-gallon barrel.
11.14 	For fractions of a 31-gallon barrel, the tax rate is calculated proportionally.

11.15 	Sec. 23. Minnesota Statutes 2004, section 297G.04, subdivision 2, is amended to read:
11.16 		Subd. 2.Tax credit.  A qualified brewer producing fermented malt beverages is 
11.17 	entitled to a tax credit of ~~$4.60~~ $37.52 per barrel on 25,000 barrels sold in any fiscal year 
11.18 	beginning July 1, regardless of the alcohol content of the product.  Qualified brewers may 
11.19 	take the credit on the 18th day of each month, but the total credit allowed may not exceed 
11.20 	in any fiscal year the lesser of:
11.21 	(1) the liability for tax; or
11.22 	(2) $115,000.
11.23 	For purposes of this subdivision, a "qualified brewer" means a brewer, whether 
11.24 	or not located in this state, manufacturing less than 100,000 barrels of fermented malt 
11.25 	beverages in the calendar year immediately preceding the calendar year for which the 
11.26 	credit under this subdivision is claimed.  In determining the number of barrels, all brands 
11.27 	or labels of a brewer must be combined.  All facilities for the manufacture of fermented 
11.28 	malt beverages owned or controlled by the same person, corporation, or other entity 
11.29 	must be treated as a single brewer.

11.30 	Sec. 24. Minnesota Statutes 2004, section 299A.62, subdivision 1, is amended to read:
11.31 		Subdivision 1.Program established.  (a) A community-oriented policing grant 
11.32 	program is established under the administration of the commissioner of public safety.
12.1 	(b) Grants may be awarded as provided in subdivision 2 for the following purposes:
12.2 	(1) to enable local law enforcement agencies to hire law enforcement officers.  The 
12.3 	grants must be used by law enforcement agencies to increase the complement of officers in 
12.4 	the agency by paying the salaries of new officers who replace an existing officer who has 
12.5 	been reassigned primarily to investigate and prevent impaired driving crimes, domestic 
12.6 	violence crimes, or juvenile crime or to perform community-oriented policing duties;
12.7 	(2) to enable local law enforcement agencies to assign overtime officers to high 
12.8 	crime areas within their jurisdictions; and
12.9 	(3) to enable local law enforcement agencies to implement or expand 
12.10 	community-oriented policing projects, liaison efforts with local school districts, and other 
12.11 	innovative community policing initiatives.
12.12 	(c) Grants under paragraph (b), clause (3), for community policing activities must 
12.13 	be provided for areas with high crime rates and gang, drug, or prostitution activity, for 
12.14 	programs that:
12.15 	(1) include education and training for both peace officers and the community on 
12.16 	community policing initiatives;
12.17 	(2) assign designated peace officers for a period of at least one year to work 
12.18 	exclusively in the area where the enhanced community policing efforts will take place; and 
12.19 	(3) include regular community meetings with the designated peace officers, 
12.20 	prosecuting authorities, judges with jurisdiction in the area, and community members to 
12.21 	further law enforcement outreach efforts.

12.22 	Sec. 25. Minnesota Statutes 2004, section 299A.62, subdivision 2, is amended to read:
12.23 		Subd. 2.Awarding grant. (a) Grants under this section ~~shall~~ must be awarded 
12.24 	by the commissioner of public safety. Before any grants are awarded, a committee 
12.25 	consisting of the attorney general, and representatives from the Minnesota Chiefs of Police 
12.26 	Association, the Minnesota Sheriffs Association, and the Minnesota Police and Peace 
12.27 	Officers Association, shall evaluate the grant applications.  Before grants are awarded, 
12.28 	the commissioner shall meet and consult with the committee concerning its evaluation of 
12.29 	and recommendations on grant proposals.
12.30 	(b) A grant under subdivision 1, paragraph (b), clause (1), may be awarded only to a 
12.31 	law enforcement agency that demonstrates in its application that it currently has a need 
12.32 	for an additional officer to be assigned to:
12.33 	(1) community-oriented policing duties; ~~or~~ 
12.34 	(2) the investigation and prevention of juvenile crime, based on the juvenile crime 
12.35 	rate in the area over which the agency has jurisdiction;
13.1 	(3) the investigation and prevention of impaired driving crimes; or 
13.2 	(4) the investigation and prevention of domestic violence crimes.
13.3 	(c) More than one grant under subdivision 1, paragraph (b), clause (1), may be 
13.4 	awarded to an agency; however, each grant may fund only one position.  At least 50 
13.5 	percent of the grants awarded under subdivision 1, paragraph (b), clause (1), must be 
13.6 	awarded to the cities of Minneapolis and St. Paul.

13.7 	Sec. 26. [373.50] REQUIREMENT TO PROVIDE CHEMICAL DEPENDENCY 
13.8 	TREATMENT.
13.9 	Each county shall provide comprehensive, needs-specific chemical dependency 
13.10 	treatment programs and services to individuals within the county's criminal justice 
13.11 	system.  The programs and services must take into account the fact that the person has 
13.12 	committed a criminal offense and other issues including the individual's gender, ethnic, 
13.13 	cultural, and mental health needs.  If the county does not offer a specific program or 
13.14 	service appropriate for an individual, the county shall ensure that the individual is offered 
13.15 	the program or service elsewhere.

13.16 	Sec. 27. Minnesota Statutes 2004, section 609.115, subdivision 8, is amended to read:
13.17 		Subd. 8.Chemical use assessment required.  (a) If a person is convicted of a 
13.18 	felony, the probation officer shall determine in the report prepared under subdivision 1 
13.19 	whether or not alcohol or drug use was a contributing factor to the commission of the 
13.20 	offense.  If so, the report shall contain the results of a chemical use assessment conducted 
13.21 	in accordance with this subdivision.  The probation officer shall make an appointment for 
13.22 	the defendant to undergo the chemical use assessment if so indicated. If the person is 
13.23 	convicted of a violent crime as defined in section 609.133, subdivision 1, the provisions of 
13.24 	that section apply.
13.25 	(b) The chemical use assessment report must include a recommended level of 
13.26 	care for the defendant in accordance with the criteria contained in rules adopted by the 
13.27 	commissioner of human services under section 254A.03, subdivision 3.  The assessment 
13.28 	must be conducted by an assessor qualified under rules adopted by the commissioner of 
13.29 	human services under section 254A.03, subdivision 3.  An assessor providing a chemical 
13.30 	use assessment may not have any direct or shared financial interest or referral relationship 
13.31 	resulting in shared financial gain with a treatment provider.  If an independent assessor 
13.32 	is not available, the probation officer may use the services of an assessor authorized 
13.33 	to perform assessments for the county social services agency under a variance granted 
14.1 	under rules adopted by the commissioner of human services under section 254A.03, 
14.2 	subdivision 3.
14.3 	(c) A chemical use assessment and report conducted under this subdivision must 
14.4 	meet the standards described in section 169A.70.

14.5 	Sec. 28. [609.133] CHEMICAL DEPENDENCY TREATMENT; ASSESSMENT 
14.6 	CHARGE.
14.7 		Subdivision 1.Definition. As used in this section, "violent crime" has the meaning 
14.8 	given in section 609.1095, subdivision 1.  The term also includes violations of sections 
14.9 	609.2231, 609.224, and 609.2242.
14.10 		Subd. 2.Assessment conducted. The court shall ensure that a chemical use 
14.11 	assessment is conducted on a person convicted of a violent crime as required in section 
14.12 	169A.70, subdivision 2.
14.13 		Subd. 3.Charge. (a) When a court sentences a person convicted of a violent crime, 
14.14 	it shall impose a chemical dependency assessment charge of $125.  The court may not 
14.15 	waive payment or authorize payment of the assessment charge in installments unless it 
14.16 	makes written findings on the record that the convicted person is indigent or that the 
14.17 	assessment charge would create undue hardship for the convicted person or that person's 
14.18 	immediate family.
14.19 	(b) The county shall collect and forward to the commissioner of finance $25 of the 
14.20 	chemical dependency assessment charge within 60 days after sentencing or explain to the 
14.21 	commissioner in writing why the money was not forwarded within this time period.  The 
14.22 	commissioner shall credit the money to the general fund.  The county shall collect and 
14.23 	keep $100 of the chemical dependency assessment charge.
14.24 	(c) The chemical dependency assessment charge required under this section is in 
14.25 	addition to the surcharge required by section 357.021, subdivision 6.

14.26 	Sec. 29. Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision 
14.27 	to read:
14.28 		Subd. 9.Certain persons to receive mandatory chemical dependency treatment.
 14.29 	If a court stays the imposition or execution of sentence for a person convicted of a violent 
14.30 	crime as defined in section 609.133, subdivision 1, as a condition of probation and in 
14.31 	addition to any other conditions imposed, the court shall order the person to submit to the 
14.32 	level of care recommended in the chemical use assessment described in section 169A.70.

14.33 	Sec. 30. JUDICIAL TRAINING.
 15.1 	The Supreme Court shall include in its judicial education program training relating 
15.2 	to a judge's powers and duties regarding chemical use assessments.

15.3 	Sec. 31. APPROPRIATIONS.
 15.4 	(a) $....... for the fiscal year ending June 30, 2006, which is the first year, and $....... 
15.5 	for the fiscal year ending June 30, 2007, which is the second year, are appropriated from 
15.6 	the general fund to the commissioner of public safety.  Of these amounts:
15.7 	(1) $....... the first year and $....... the second year are to increase the complement of 
15.8 	state troopers assigned to enforcing laws on driving while impaired;
15.9 	(2) $....... the first year and $....... the second year are for grants under Minnesota 
15.10 	Statutes, section 299A.62, subdivision 1, paragraph (b), clause (1), to hire law enforcement 
15.11 	officers to increase law enforcement efforts targeting crimes for driving while impaired;
15.12 	(3) $....... the first year and $....... the second year are for grants to local units of 
15.13 	government to conduct compliance checks for on-sale and off-sale intoxicating liquor 
15.14 	license holders to determine whether the license holder is complying with Minnesota 
15.15 	Statutes, section 340A.503;
15.16 	(4) $....... the first year and $....... the second year are for community policing grants 
15.17 	under Minnesota Statutes, section 299A.62, subdivision 1, paragraph (b), clause (3); and 
15.18 	(5) $....... the first year and $....... the second year are for grants to prevent domestic 
15.19 	violence and to provide services to victims of domestic violence.
15.20 	The commissioner shall develop criteria for awarding grants under clause (3). 
15.21 	Notwithstanding Minnesota Statutes, section 299A.62, subdivision 2, more than 50 
15.22 	percent of the grants described in clause (2) may be made to government entities other 
15.23 	than Minneapolis and St. Paul.  By September 30, 2006, each law enforcement agency 
15.24 	receiving a grant under clause (4) shall provide a written report to the commissioner of 
15.25 	public safety describing how the grant was used and evaluating the effectiveness of the 
15.26 	enhanced community policing provided under this grant.  By December 15, 2006, the 
15.27 	commissioner of public safety shall report to the chairs and ranking minority leaders of the 
15.28 	house and senate committees with jurisdiction over criminal justice policy and funding on 
15.29 	distribution of grants under clause (4).  This report also shall summarize the information 
15.30 	provided to the commissioner by the law enforcement agencies receiving grants.
15.31 	(b) $....... for the fiscal year ending June 30, 2006, the first year, and $....... for the 
15.32 	fiscal year ending June 30, 2007, the second year, are appropriated from the general fund 
15.33 	to the commissioner of corrections.  Of these amounts:
16.1 	(1) $....... the first year and $....... the second year are for grants under Minnesota 
16.2 	Statutes, section 241.022, subdivisions 1 and 2, for costs associated with incarcerating 
16.3 	impaired driving offenders and providing programming for these offenders;
16.4 	(2) $....... the first year and $....... the second year are for the department's costs 
16.5 	associated with incarcerating felony impaired driving offenders and providing programs 
16.6 	for these offenders;
16.7 	(3) $....... the first year and $....... the second year are for grants to counties to 
16.8 	establish and operate intensive probation programs for repeat impaired driving offenders 
16.9 	under Minnesota Statutes, section 169A.74; and 
16.10 	(4) $....... the first year and $....... the second year are:
16.11 	(i) for increased chemical dependency treatment programs at state prisons; and 
16.12 	(ii) to provide appropriate chemical dependency treatment, including aftercare 
16.13 	services in Minnesota Statutes, section 254B.01, subdivision 3, for offenders on supervised 
16.14 	release.
16.15 	The commissioner shall cooperate with the commissioners of public safety and human 
16.16 	services as required in Minnesota Statutes, section 169A.74, subdivision 1, when making 
16.17 	the grants described in clause (3).
16.18 	(c) $....... for the fiscal year ending June 30, 2006, and $....... for the fiscal year ending 
16.19 	June 30, 2007, are appropriated from the general fund to the commissioner of human 
16.20 	services for the purpose of fully funding Minnesota Statutes, section 254B.04, subdivision 
16.21 	1.  This appropriation must become part of the base appropriation for this program.
16.22 	(d) $....... for the fiscal year ending June 30, 2006, the first year, and $....... for the 
16.23 	fiscal year ending June 30, 2007, the second year, are appropriated from the general fund 
16.24 	to the chief justice of the Supreme Court.  Of these amounts:
16.25 	(1) $....... the first year and $....... the second year are for the increased training 
16.26 	described in section 30; and 
16.27 	(2) $....... the first year and $....... the second year are for grants to counties for court 
16.28 	services and correctional costs related to conducting chemical use assessments.
16.29 	(e) $....... for the fiscal year ending June 30, 2006, and $....... for the fiscal year 
16.30 	ending June 30, 2007, are appropriated from the general fund to the commissioner of 
16.31 	health for education and prevention initiatives designed to eliminate underage drinking.

16.32 	Sec. 32. REPEALER.
 16.33 	Minnesota Statutes 2004, sections 254B.02, subdivisions 2, 3, and 4; and 254B.09, 
16.34 	subdivisions 4, 5, and 7, are repealed.

17.1 	Sec. 33. EFFECTIVE DATE.
 17.2 	Sections 2 to 10 and 27 to 29 are effective August 1, 2005, and apply to crimes 
17.3 	committed on or after that date.  Sections 20 to 23 are effective for taxes imposed after 
17.4 	June 30, 2005.