Minnesota Legislature
HF 100
3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to public safety; providing for emergency 1.3 expenditures related to the continuing severe weather 1.4 conditions and their aftermath; providing additional 1.5 funding for state road operations and state trooper 1.6 overtime in fiscal year 1997; making certain 1.7 cross-reference corrections; appropriating money; 1.8 amending Minnesota Statutes 1996, sections 84.912, 1.9 subdivision 1; 86B.337, subdivision 1; 168.042, 1.10 subdivision 1; 169.121, subdivision 4; 169.1217, 1.11 subdivision 1; 171.043; 171.24, subdivision 5; 171.30, 1.12 subdivision 3; and 171.305, subdivision 5. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 ARTICLE 1 1.15 Section 1. [APPROPRIATION FOR 1997 SEVERE WEATHER 1.16 AFFECTING PUBLIC SAFETY.] 1.17 Subdivision 1. [SEVERE WEATHER RELIEF.] A special 1997 1.18 severe weather appropriation is authorized. Funding under this 1.19 section must be coordinated insofar as possible, and subject to 1.20 immediate public safety concerns, with emergency federal funding 1.21 for the same or similar purposes. Some examples of needs for 1.22 which funds are available are: snowplowing for emergencies 1.23 because the snowplowing budget or other resources are depleted; 1.24 emergencies due to severe weather and its aftermath, which may 1.25 include flooding, and which affects or threatens public safety; 1.26 and the required match under 1997 federal weather-related 1.27 disaster declarations. The division of emergency management of 1.28 the department of public safety in cooperation with the 1.29 department of transportation shall establish a formula or 2.1 criteria for distribution of funds. 2.2 Subd. 2. [ALLOCATION OF FUNDS.] The appropriation in this 2.3 act must be distributed as follows: 2.4 (a) An amount up to $7,000,000 is first available: 2.5 (1) for the state match of federal disaster funds for 1997 2.6 snow-related disaster costs according to the formula agreed to 2.7 by the state and the federal emergency management agency (FEMA); 2.8 (2) to fund what would otherwise be the local government 2.9 match for eligible 1997 snow-related disaster costs in the 2.10 formula in clause (1); 2.11 (3) to fund the ten percent of federal snow-related 2.12 disaster costs that are eligible under the formula to determine 2.13 federal, state, and local shares; 2.14 (b) An amount of $6,000,000 is reserved for assistance 2.15 associated with 1997 flooding or related emergencies that affect 2.16 public safety; and 2.17 (c) An amount of $7,000,000 plus any amount that is not 2.18 needed in paragraph (a) shall be distributed according to a 2.19 formula that compares snow removal expenditures of local 2.20 government units for calendar year 1996 to the average annual 2.21 snow removal expenses for calendar years 1993, 1994, and 1995. 2.22 Subd. 3. [1997 FLOOD RELIEF.] If a distribution procedure 2.23 is not specified in legislation, the commissioner of public 2.24 safety, in consultation with the commissioners of 2.25 transportation, natural resources, and the pollution control 2.26 agency, shall establish a formula for the distribution of funds 2.27 in subdivision 2, paragraph (b). By June 1, 1997, if the 2.28 commissioner of public safety determines that all or any portion 2.29 of the funds reserved in subdivision 2, paragraph (b), are not 2.30 needed for the purpose specified in that paragraph, those funds 2.31 are available for the purpose specified in subdivision 2, 2.32 paragraph (c). 2.33 Subd. 4. [DISTRIBUTION OF FUNDS.] The commissioner of 2.34 public safety must notify local governments of the availability 2.35 of state disaster relief funds and of the information that must 2.36 be submitted to obtain funds. Local government units who wish 3.1 to obtain state disaster relief funds must apply to the 3.2 commissioner for the funds. The commissioner may require 3.3 documentation of costs reported by local governments. 3.4 Sec. 2. [APPROPRIATION.] 3.5 $20,000,000 in fiscal year 1997 is appropriated from the 3.6 budget reserve in the general fund to the commissioner of public 3.7 safety to be spent as provided in section 1, except that the 3.8 commissioner may use necessary funds for administration of this 3.9 program. 3.10 Sec. 3. [NO PRECEDENT SET.] 3.11 Funding by the state in this article for costs that would 3.12 otherwise be a local fiscal responsibility under funding 3.13 formulas negotiated by the state with FEMA is not to be 3.14 considered a precedent for any future disaster funding. 3.15 Sec. 4. [EFFECTIVE DATE.] 3.16 This article is effective the day after its final enactment. 3.17 ARTICLE 2 3.18 Section 1. [STATE HIGHWAY OPERATIONS; APPROPRIATION.] 3.19 $16,000,000 is appropriated from the trunk highway fund to 3.20 the commissioner of transportation for state road operations. 3.21 This amount is added to the appropriation for state road 3.22 operations for fiscal year 1997 in Laws 1995, chapter 265, 3.23 article 2, section 2, subdivision 8. 3.24 Sec. 2. Minnesota Statutes 1996, section 84.912, 3.25 subdivision 1, is amended to read: 3.26 Subdivision 1. [DEFINITIONS.] As used in this section, the 3.27 following terms have the meanings given them: 3.28 (a) "All-terrain vehicle" has the meaning given in section 3.29 84.92, subdivision 8. 3.30 (b) "Appropriate agency" means a law enforcement agency 3.31 that has the authority to make an arrest for a violation of a 3.32 designated offense. 3.33 (c) "Designated offense" means a violation of section 84.91 3.34 or an ordinance in conformity with it: 3.35 (1) occurring within five years of the first of three prior 3.36 impaired driving convictions or the first of three prior license 4.1 revocations based on separate impaired driving incidents; 4.2 (2) occurring within 15 years of the first of four or more 4.3 prior impaired driving convictions or the first of four or more 4.4 prior license revocations based on separate impaired driving 4.5 incidents; 4.6 (3) by a person whose driver's license or driving 4.7 privileges have been canceled under section 171.04, subdivision 4.8 1, clause(8)(9); or 4.9 (4) by a person who is subject to a restriction on the 4.10 person's driver's license under section 171.09 that provides 4.11 that the person may not use or consume any amount of alcohol or 4.12 a controlled substance. 4.13 (d) "Owner" means the registered owner of the snowmobile or 4.14 all-terrain vehicle according to records of the department of 4.15 natural resources and includes a lessee of a snowmobile or 4.16 all-terrain vehicle if the lease agreement has a term of 180 4.17 days or more. 4.18 (e) "Prior impaired driving conviction" has the meaning 4.19 given in section 169.121, subdivision 3. 4.20 (f) "Prior license revocation" has the meaning given in 4.21 section 169.121, subdivision 3. 4.22 (g) "Prosecuting authority" means the attorney in the 4.23 jurisdiction in which the designated offense occurred who is 4.24 responsible for prosecuting violations of a designated offense. 4.25 (h) "Snowmobile" has the meaning given in section 84.81, 4.26 subdivision 3. 4.27 (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 4.28 Sec. 3. Minnesota Statutes 1996, section 86B.337, 4.29 subdivision 1, is amended to read: 4.30 Subdivision 1. [DEFINITIONS.] As used in this section, the 4.31 following terms have the meanings given them: 4.32 (a) "Appropriate agency" means a law enforcement agency 4.33 that has the authority to make an arrest for a violation of a 4.34 designated offense. 4.35 (b) "Designated offense" means a violation of section 4.36 86B.331 or an ordinance in conformity with it: 5.1 (1) occurring within five years of the first of three prior 5.2 impaired driving convictions or the first of three prior license 5.3 revocations based on separate impaired driving incidents; 5.4 (2) occurring within 15 years of the first of four or more 5.5 prior impaired driving convictions or the first of four or more 5.6 prior license revocations based on separate impaired driving 5.7 incidents; 5.8 (3) by a person whose driver's license or driving 5.9 privileges have been canceled under section 171.04, subdivision 5.10 1, clause(8)(9); or 5.11 (4) by a person who is subject to a restriction on the 5.12 person's driver's license under section 171.09 that provides 5.13 that the person may not use or consume any amount of alcohol or 5.14 a controlled substance. 5.15 (c) "Motorboat" has the meaning given in section 86B.005, 5.16 subdivision 9. 5.17 (d) "Owner" means the registered owner of the motorboat 5.18 according to records of the department of natural resources and 5.19 includes a lessee of a motorboat if the lease agreement has a 5.20 term of 180 days or more. 5.21 (e) "Prior impaired driving conviction" has the meaning 5.22 given in section 169.121, subdivision 3. 5.23 (f) "Prior license revocation" has the meaning given in 5.24 section 169.121, subdivision 3. 5.25 (g) "Prosecuting authority" means the attorney in the 5.26 jurisdiction in which the designated offense occurred who is 5.27 responsible for prosecuting violations of a designated offense. 5.28 Sec. 4. Minnesota Statutes 1996, section 168.042, 5.29 subdivision 1, is amended to read: 5.30 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 5.31 section, the following terms have the meanings given. 5.32 (b) "Violator" means a person who was driving, operating, 5.33 or in physical control of the motor vehicle when the violation 5.34 occurred. 5.35 (c) "Violation" means: 5.36 (1) a violation of section 169.123 or an impaired driving 6.1 conviction as defined in section 169.121, subdivision 3, that 6.2 results in the revocation of a person's driver's license or 6.3 driving privileges, and also includes an alcohol-related license 6.4 revocation from another state; 6.5 (2) a violation of section 169.129; and 6.6 (3) a violation of section 171.24 by a person whose 6.7 driver's license or driving privileges have been canceled under 6.8 section 171.04, subdivision 1, clause(8)(9). 6.9 Sec. 5. Minnesota Statutes 1996, section 169.121, 6.10 subdivision 4, is amended to read: 6.11 Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner 6.12 of public safety shall revoke the driver's license of a person 6.13 convicted of violating this section or an ordinance in 6.14 conformity with it as follows: 6.15 (1) for an offense under subdivision 1: not less than 30 6.16 days; 6.17 (2) for an offense under subdivision 1a: not less than 90 6.18 days; 6.19 (3) for an offense occurring within five years after a 6.20 prior impaired driving conviction or a prior license revocation, 6.21 or any time after two or more prior impaired driving convictions 6.22 or prior license revocations: (i) if the current conviction is 6.23 for a violation of subdivision 1, not less than 180 days and 6.24 until the court has certified that treatment or rehabilitation 6.25 has been successfully completed where prescribed in accordance 6.26 with section 169.126; or (ii) if the current conviction is for a 6.27 violation of subdivision 1a, not less than one year and until 6.28 the court has certified that treatment or rehabilitation has 6.29 been successfully completed where prescribed in accordance with 6.30 section 169.126; 6.31 (4) for an offense occurring within five years after the 6.32 first of two prior impaired driving convictions or prior license 6.33 revocations: not less than one year, together with denial under 6.34 section 171.04, subdivision 1, clause(8)(9), until 6.35 rehabilitation is established in accordance with standards 6.36 established by the commissioner; 7.1 (5) for an offense occurring any time after three or more 7.2 prior impaired driving convictions or prior license 7.3 revocations: not less than two years, together with denial 7.4 under section 171.04, subdivision 1, clause(8)(9), until 7.5 rehabilitation is established in accordance with standards 7.6 established by the commissioner. 7.7 (b) If the person convicted of violating this section is 7.8 under the age of 21 years, the commissioner of public safety 7.9 shall revoke the offender's driver's license or operating 7.10 privileges for a period of six months or for the appropriate 7.11 period of time under paragraph (a), clauses (1) to (5), for the 7.12 offense committed, whichever is the greatest period. 7.13 (c) For purposes of this subdivision, a juvenile 7.14 adjudication under this section, section 169.129, an ordinance 7.15 in conformity with either of them, or a statute or ordinance 7.16 from another state in conformity with either of them is an 7.17 offense. 7.18 (d) Whenever department records show that the violation 7.19 involved personal injury or death to any person, not less than 7.20 90 additional days shall be added to the base periods provided 7.21 above. 7.22 (e) Except for a person whose license has been revoked 7.23 under paragraph (b), and except for a person who commits a 7.24 violation described in subdivision 3, paragraph (c), clause (4), 7.25 (child endangerment), any person whose license has been revoked 7.26 pursuant to section 169.123 as the result of the same incident, 7.27 and who does not have a prior impaired driving conviction or 7.28 prior license revocation within the previous ten years, is 7.29 subject to the mandatory revocation provisions of paragraph (a), 7.30 clause (1) or (2), in lieu of the mandatory revocation 7.31 provisions of section 169.123. 7.32 (f) As used in this subdivision, the terms "prior impaired 7.33 driving conviction" and "prior license revocation" have the 7.34 meanings given in subdivision 3, paragraph (a). 7.35 Sec. 6. Minnesota Statutes 1996, section 169.1217, 7.36 subdivision 1, is amended to read: 8.1 Subdivision 1. [DEFINITIONS.] As used in this section, the 8.2 following terms have the meanings given them: 8.3 (a) "Appropriate agency" means a law enforcement agency 8.4 that has the authority to make an arrest for a violation of a 8.5 designated offense. 8.6 (b) "Designated offense" includes a violation of section 8.7 169.121, an ordinance in conformity with it, or 169.129: 8.8 (1) within five years of three prior impaired driving 8.9 convictions or three prior license revocations based on separate 8.10 incidents; 8.11 (2) within 15 years of the first of four or more prior 8.12 impaired driving convictions or the first of four or more prior 8.13 license revocations based on separate incidents; 8.14 (3) by a person whose driver's license or driving 8.15 privileges have been canceled under section 171.04, subdivision 8.16 1, clause(8)(9); or 8.17 (4) by a person who is subject to a restriction on the 8.18 person's driver's license under section 171.09 which provides 8.19 that the person may not use or consume any amount of alcohol or 8.20 a controlled substance. 8.21 "Designated offense" also includes a violation of section 8.22 169.121, subdivision 3, paragraph (c), clause (4): 8.23 (1) within five years of two prior impaired driving 8.24 convictions or two prior license revocations based on separate 8.25 incidents; or 8.26 (2) within 15 years of the first of three or more prior 8.27 impaired driving convictions or the first of three or more prior 8.28 license revocations based on separate incidents. 8.29 (c) "Motor vehicle" and "vehicle" have the meaning given 8.30 "motor vehicle" in section 169.121, subdivision 11. The terms 8.31 do not include a vehicle which is stolen or taken in violation 8.32 of the law. 8.33 (d) "Owner" means the registered owner of the motor vehicle 8.34 according to records of the department of public safety and 8.35 includes a lessee of a motor vehicle if the lease agreement has 8.36 a term of 180 days or more. 9.1 (e) "Prior impaired driving conviction" has the meaning 9.2 given it in section 169.121, subdivision 3. A prior impaired 9.3 driving conviction also includes a prior juvenile adjudication 9.4 that would have been a prior impaired driving conviction if 9.5 committed by an adult. 9.6 (f) "Prior license revocation" has the meaning given it in 9.7 section 169.121, subdivision 3. 9.8 (g) "Prosecuting authority" means the attorney in the 9.9 jurisdiction in which the designated offense occurred who is 9.10 responsible for prosecuting violations of a designated offense. 9.11 Sec. 7. Minnesota Statutes 1996, section 171.043, is 9.12 amended to read: 9.13 171.043 [NOTICE OF PERSONS UNDER DRIVER'S LICENSE 9.14 CANCELLATION.] 9.15 The commissioner of public safety shall develop a program 9.16 under which the commissioner provides a monthly notice to local 9.17 law enforcement agencies of the names and addresses of persons 9.18 residing within the local agency's jurisdiction whose driver's 9.19 licenses or driving privileges have been canceled under section 9.20 171.04, subdivision 1, clause(8)(9). At the commissioner's 9.21 discretion, the commissioner may adopt necessary procedures so 9.22 that the information is current and accurate. Data in the 9.23 notice are private data on individuals and are available to law 9.24 enforcement agencies. 9.25 Sec. 8. Minnesota Statutes 1996, section 171.24, 9.26 subdivision 5, is amended to read: 9.27 Subd. 5. [GROSS MISDEMEANOR.] A person is guilty of a 9.28 gross misdemeanor if: 9.29 (1) the person's driver's license or driving privilege has 9.30 been canceled or denied under section 171.04, subdivision 1, 9.31 clause(8)(9); 9.32 (2) the person has been given notice of or reasonably 9.33 should know of the cancellation or denial; and 9.34 (3) the person disobeys the order by operating in this 9.35 state any motor vehicle, the operation of which requires a 9.36 driver's license, while the person's license or privilege is 10.1 canceled or denied. 10.2 Sec. 9. Minnesota Statutes 1996, section 171.30, 10.3 subdivision 3, is amended to read: 10.4 Subd. 3. [CONDITIONS ON ISSUANCE.] The commissioner shall 10.5 issue a limited license restricted to the vehicles whose 10.6 operation is permitted only under a class A, class B, or class C 10.7 license whenever a class A, class B, or class C license has been 10.8 suspended under section 171.18, or revoked under section 171.17, 10.9 for violation of the highway traffic regulation act committed in 10.10 a private passenger motor vehicle. This subdivision shall not 10.11 apply to any persons described in section 171.04, subdivision 1, 10.12 clauses(4),(5), (6),(8)(7), (9), (10), and(11)(12), or 10.13 any person whose license or privilege has been suspended or 10.14 revoked for a violation of section 169.121 or 169.123, or a 10.15 statute or ordinance from another state in conformity with 10.16 either of those sections. 10.17 Sec. 10. Minnesota Statutes 1996, section 171.305, 10.18 subdivision 5, is amended to read: 10.19 Subd. 5. [ISSUANCE OF LIMITED LICENSE.] The commissioner 10.20 may issue a limited license to a person whose driver's license 10.21 has been canceled and denied due to an alcohol or controlled 10.22 substance related incident under section 171.04, subdivision 1, 10.23 clause(8)(9), under the following conditions: 10.24 (1) at least one-half of the person's required abstinence 10.25 period has expired; 10.26 (2) the person has completed all rehabilitation 10.27 requirements; and 10.28 (3) the person agrees to drive only a motor vehicle 10.29 equipped with a functioning and certified ignition interlock 10.30 device. 10.31 Sec. 11. [STATE PATROL; APPROPRIATION.] 10.32 $95,000 is appropriated from the trunk highway fund to the 10.33 commissioner of public safety for state trooper overtime costs 10.34 in fiscal year 1997 related to winter weather emergencies. This 10.35 appropriation is added to the appropriation for the state patrol 10.36 for fiscal year 1997 in Laws 1995, chapter 265, article 2, 11.1 section 5, subdivision 3. 11.2 Sec. 12. [EFFECTIVE DATES.] 11.3 Sections 1 and 11 are effective the day after final 11.4 enactment. Sections 2 to 10 are effective retroactively to 11.5 February 1, 1997.