1.1 	A bill for an act
1.2 	relating to public safety; increasing fine for certain traffic violations around 
1.3 	school buses; enhancing penalties and establishing minimum fines for repeat 
1.4 	violations of driving without a license; allowing alcohol use by sensory testing 
1.5 	services; extending funding for avian influenza emergency response; providing 
1.6 	for a fund transfer from the correctional industries revolving fund to the general 
1.7 	fund; appropriating money;amending Minnesota Statutes 2014, sections 
1.8 	169.444, subdivision 2; 171.24; Laws 2015, chapter 65, article 1, section 18; 
1.9 	proposing coding for new law in Minnesota Statutes, chapter 325E.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2014, section 169.444, subdivision 2, is amended to read:
1.12 		Subd. 2.Violations by drivers; penalties. (a) A person who fails to stop a vehicle 
1.13 	or to keep it stopped, as required in subdivision 1, or who violates subdivision 1a, is guilty 
1.14 	of a misdemeanor punishable by a fine of not less than $300 $500.
1.15 	(b) A person is guilty of a gross misdemeanor if the person fails to stop a motor 
1.16 	vehicle or to keep it stopped, as required in subdivision 1, or who violates subdivision 1a, 
1.17 	and commits either or both of the following acts:
1.18 	(1) passes or attempts to pass the school bus in a motor vehicle on the right-hand, 
1.19 	passenger-door side of the bus; or
1.20 	(2) passes or attempts to pass the school bus in a motor vehicle when a school child is 
1.21 	outside of and on the street or highway used by the school bus or on the adjacent sidewalk.

1.22 	EFFECTIVE DATE. This section is effective August 1, 2016, and applies to 
1.23 	violations committed on and after that date.

2.1 	Sec. 2. Minnesota Statutes 2014, section 171.24, is amended to read:
2.2 	171.24 VIOLATIONS; DRIVING WITHOUT VALID LICENSE.
2.3 		Subdivision 1.Driving after suspension; misdemeanor. Except as otherwise 
2.4 	provided in subdivision 5, a person is guilty of a misdemeanor if:
2.5 	(1) the person's driver's license or driving privilege has been suspended;
2.6 	(2) the person has been given notice of or reasonably should know of the suspension; 
2.7 	and
2.8 	(3) the person disobeys the order by operating in this state any motor vehicle, the 
2.9 	operation of which requires a driver's license, while the person's license or privilege 
2.10 	is suspended.
2.11 		Subd. 2.Driving after revocation; misdemeanor. Except as otherwise provided 
2.12 	in subdivision 5, a person is guilty of a misdemeanor if:
2.13 	(1) the person's driver's license or driving privilege has been revoked;
2.14 	(2) the person has been given notice of or reasonably should know of the revocation; 
2.15 	and
2.16 	(3) the person disobeys the order by operating in this state any motor vehicle, the 
2.17 	operation of which requires a driver's license, while the person's license or privilege is 
2.18 	revoked.
2.19 		Subd. 3.Driving after cancellation; misdemeanor. Except as otherwise provided 
2.20 	in subdivision 5, a person is guilty of a misdemeanor if:
2.21 	(1) the person's driver's license or driving privilege has been canceled;
2.22 	(2) the person has been given notice of or reasonably should know of the 
2.23 	cancellation; and
2.24 	(3) the person disobeys the order by operating in this state any motor vehicle, the 
2.25 	operation of which requires a driver's license, while the person's license or privilege is 
2.26 	canceled.
2.27 		Subd. 4.Driving after disqualification; misdemeanor. Except as otherwise 
2.28 	provided in subdivision 5, a person is guilty of a misdemeanor if the person:
2.29 	(1) has been disqualified from holding a commercial driver's license or been denied 
2.30 	the privilege to operate a commercial motor vehicle;
2.31 	(2) has been given notice of or reasonably should know of the disqualification; and
2.32 	(3) disobeys the order by operating in this state a commercial motor vehicle while 
2.33 	the person is disqualified to hold the license or privilege.
2.34 		Subd. 5.Gross misdemeanor violations. (a) A person is guilty of a gross 
2.35 	misdemeanor if:
3.1 	(1) the person's driver's license or driving privilege has been canceled or denied 
3.2 	under section 171.04, subdivision 1, clause (10);
3.3 	(2) the person has been given notice of or reasonably should know of the cancellation 
3.4 	or denial; and
3.5 	(3) the person disobeys the order by operating in this state any motor vehicle, the 
3.6 	operation of which requires a driver's license, while the person's license or privilege is 
3.7 	canceled or denied.
3.8 	(b) A person is guilty of a gross misdemeanor if the person violates this section and 
3.9 	causes a collision resulting in substantial bodily harm or death to another.
3.10 	(c) A person is guilty of a gross misdemeanor and is subject to the minimum penalty 
3.11 	under subdivision 5a, paragraph (b), if the person violates this section within ten years of 
3.12 	the first of two prior convictions under this section.
3.13 		Subd. 5a.Minimum penalties. (a) A person who is convicted under this section 
3.14 	a second time must, at a minimum, be sentenced to pay a fine of at least $750. This 
3.15 	paragraph does not apply to penalties under subdivision 5, paragraph (c).
3.16 	(b) A person who is convicted under this section a third or subsequent time must, at 
3.17 	a minimum, be sentenced to pay a fine of at least $1,500.
3.18 	(c) The court may order a person to perform community work service in lieu of all or 
3.19 	a portion of the minimum fine required under this subdivision if the court makes specific 
3.20 	findings on the record that the convicted person is indigent or that payment of the fine 
3.21 	would create undue hardship for the convicted person or that person's immediate family.
3.22 		Subd. 6.Responsibility for prosecution. (a) The attorney in the jurisdiction 
3.23 	in which the violation occurred who is responsible for prosecution of misdemeanor 
3.24 	violations of this section is also responsible for prosecution of gross misdemeanor 
3.25 	violations of this section.
3.26 	(b) Nothing in this section or section 609.035 or 609.04 shall limit the power of the 
3.27 	state to prosecute or punish a person for conduct that constitutes any other crime under 
3.28 	any other law of this state.
3.29 		Subd. 7.Sufficiency of notice. (a) Notice of revocation, suspension, cancellation, 
3.30 	or disqualification is sufficient if personally served, or if mailed by first class mail to the 
3.31 	person's last known address or to the address listed on the person's driver's license. Notice 
3.32 	is also sufficient if the person was informed that revocation, suspension, cancellation, or 
3.33 	disqualification would be imposed upon a condition occurring or failing to occur, and 
3.34 	where the condition has in fact occurred or failed to occur.
4.1 	(b) It is not a defense that a person failed to file a change of address with the post 
4.2 	office, or failed to notify the Department of Public Safety of a change of name or address 
4.3 	as required under section 171.11.
4.4 		Subd. 8.Definition. For the purposes of this section, "substantial bodily harm" has 
4.5 	the meaning given in section 609.02, subdivision 7a.

4.6 	EFFECTIVE DATE. This section is effective August 1, 2016, and applies to 
4.7 	offenses committed on or after that date.

4.8 	Sec. 3. [325E.041] SENSORY TESTING RESEARCH.
4.9 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
4.10 	the meanings given:
4.11 	(1) "sensory testing firm" means a business that tests consumer reaction to physical 
4.12 	aspects of products for a third-party client;
4.13 	(2) "trained sensory assessors" means members of the public at least 21 years of age 
4.14 	selected by sensory testing firms and trained for a minimum of one hour to test products;
4.15 	(3) "sensory testing facility" means a facility specifically designed as a controlled 
4.16 	environment for testing; and
4.17 	(4) "department" means the Department of Public Safety.
4.18 		Subd. 2.Allowed activities. Notwithstanding any law to the contrary, a sensory 
4.19 	testing firm may possess and may purchase alcohol at retail or wholesale, and may allow 
4.20 	consumption of that alcohol, by trained sensory assessors for testing purposes at their 
4.21 	facility, provided that:
4.22 	(1) the firm must comply with section 340A.409 and all other state laws that do not 
4.23 	conflict with this section;
4.24 	(2) firms choosing to serve alcohol must be licensed by the department, which may 
4.25 	assess a fee sufficient to cover costs; and
4.26 	(3) records of testing protocols must be retained by the firm for at least one year.

4.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

4.28 	Sec. 4. Laws 2015, chapter 65, article 1, section 18, is amended to read:

4.29
4.30	Sec. 18. AVIAN INFLUENZA EMERGENCY 
RESPONSE.
 					
4.31 	Notwithstanding Minnesota Statutes, section 
4.32 	12.221, subdivision 6, for fiscal years 
4.33 	2016 and 2017 through June 30, 2019,
5.1 	only, the disaster contingency account, 
5.2 	under Minnesota Statutes, section 12.221, 
5.3 	subdivision 6, may be used to pay for costs of 
5.4 	eligible avian influenza emergency response 
5.5 	activities for avian influenza and any animal 
5.6 	disease emergency. By January 15, 2018, and 
5.7 	again by January 15, 2020, the commissioner 
5.8 	of management and budget must report to 
5.9 	the chairs and ranking minority members 
5.10 	of the senate Finance Committee and the 
5.11 	house of representatives Committee on Ways 
5.12 	and Means on any amount used for avian 
5.13 	influenza the purposes authorized under this 
5.14 	section.

5.15 	Sec. 5. TRANSFER; APPROPRIATION.
 5.16 	Notwithstanding Minnesota Statutes, section 241.27, the commissioner of 
5.17 	management and budget shall transfer $1,000,000 in fiscal year 2017 from the Minnesota 
5.18 	correctional industries revolving fund to the general fund. This is a onetime transfer.