HF 100

4th Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  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; reinstating authority 
  1.8             inadvertently stricken; appropriating money; amending 
  1.9             Minnesota Statutes 1996, sections 12.221, subdivision 
  1.10            3; 84.912, subdivision 1; 86B.337, subdivision 1; 
  1.11            168.042, subdivision 1; 169.121, subdivision 4; 
  1.12            169.1217, subdivision 1; 171.043; 171.24, subdivision 
  1.13            5; 171.30, subdivision 3; and 171.305, subdivision 5. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15                             ARTICLE 1 
  1.16                  EMERGENCY SNOW AND FLOOD FUNDING 
  1.17     Section 1.  [APPROPRIATION FOR 1997 SEVERE WEATHER 
  1.18  AFFECTING PUBLIC SAFETY.] 
  1.19     Subdivision 1.  [COORDINATION.] A special 1997 severe 
  1.20  weather appropriation is authorized.  Reimbursement to counties, 
  1.21  cities, and towns under this section must be coordinated in so 
  1.22  far as possible, and subject to immediate public safety 
  1.23  concerns, with emergency federal funding for the same or similar 
  1.24  purposes. 
  1.25     Subd. 2.  [ALLOCATION OF FUNDS.] The appropriation in this 
  1.26  article must be distributed as follows: 
  1.27     (a) $6,000,000 is available: 
  1.28     (1) for the state match of federal disaster funds for 1997 
  1.29  snow-related disaster costs according to the formula agreed to 
  2.1   by the state and the federal emergency management agency (FEMA); 
  2.2      (2) to fund what would otherwise be the local government 
  2.3   match for eligible 1997 snow-related disaster costs in the 
  2.4   formula in clause (1); and 
  2.5      (3) to fund the ten percent of snow removal costs 
  2.6   determined by the FEMA to be ineligible for federal 
  2.7   reimbursement; 
  2.8      (b) $3,000,000 is reserved for assistance associated with 
  2.9   1997 flooding or related emergencies that affect public safety 
  2.10  to be distributed as follows: 
  2.11     (1) for the state match of federal disaster funds for any 
  2.12  1997 flood-related disaster costs according to the formula 
  2.13  agreed to by the state and FEMA; 
  2.14     (2) for other 1997 flood-related costs not covered in 
  2.15  clause (1); and 
  2.16     (3) for the purposes specified in paragraph (a) if, by June 
  2.17  30, 1997, the commissioner of public safety determines that all 
  2.18  or any part of the funds reserved in this paragraph are not 
  2.19  needed for the purposes specified in clauses (1) and (2); and 
  2.20     (c) $11,000,000 shall be distributed according to a formula 
  2.21  that compares snow removal expenditures of local government 
  2.22  units for calendar year 1996 to the average annual snow removal 
  2.23  expenses for calendar years 1993, 1994, and 1995. 
  2.24     Subd. 3.  [DISTRIBUTION OF FUNDS.] The commissioner of 
  2.25  public safety must notify local governments of the availability 
  2.26  of state disaster relief funds and of the information that must 
  2.27  be submitted to obtain funds.  To receive reimbursement of 1996 
  2.28  snowplowing expenditures or to match federal disaster 
  2.29  assistance, a county, city, or town must request the aid and 
  2.30  provide relevant information to the commissioner.  The 
  2.31  commissioner may require documentation of costs reported by a 
  2.32  county, city, or town.  The commissioner shall review the 
  2.33  request, determine the appropriate amount of the reimbursement 
  2.34  or match, and distribute funds accordingly. 
  2.35     Subd. 4.  [NO PRECEDENT SET.] Funding by the state in this 
  2.36  section for costs that would otherwise be a local fiscal 
  3.1   responsibility under funding formulas negotiated by the state 
  3.2   with FEMA is not to be considered a precedent for any future 
  3.3   disaster funding.  
  3.4      Sec. 2.  [APPROPRIATION.] 
  3.5      $20,000,000 in fiscal year 1997 is appropriated from the 
  3.6   general fund to the commissioner of public safety to be spent as 
  3.7   provided in section 1, except that the commissioner may use up 
  3.8   to $15,000 of this appropriation for administration of this 
  3.9   program.  This appropriation does not cancel, but is available 
  3.10  until expended. 
  3.11     Sec. 3.  [EFFECTIVE DATE.] 
  3.12     This article is effective the day after its final enactment.
  3.13                             ARTICLE 2
  3.14                       TRUNK HIGHWAY FUNDING 
  3.15     Section 1.  [STATE HIGHWAY OPERATIONS; APPROPRIATION.] 
  3.16     $16,000,000 is appropriated from the trunk highway fund to 
  3.17  the commissioner of transportation for state road operations.  
  3.18  This amount is added to the appropriation for state road 
  3.19  operations for fiscal year 1997 in Laws 1995, chapter 265, 
  3.20  article 2, section 2, subdivision 8. 
  3.21     Sec. 2.  [STATE PATROL; APPROPRIATION.] 
  3.22     $95,000 is appropriated from the trunk highway fund to the 
  3.23  commissioner of public safety for state trooper overtime costs 
  3.24  in fiscal year 1997 related to winter weather emergencies.  This 
  3.25  appropriation is added to the appropriation for the state patrol 
  3.26  for fiscal year 1997 in Laws 1995, chapter 265, article 2, 
  3.27  section 5, subdivision 3. 
  3.28     Sec. 3.  [EFFECTIVE DATE.] 
  3.29     This article is effective the day after its final enactment.
  3.30                             ARTICLE 3 
  3.31                             TECHNICAL 
  3.32     Section 1.  Minnesota Statutes 1996, section 12.221, 
  3.33  subdivision 3, is amended to read: 
  3.34     Subd. 3.  [GOVERNOR'S AUTHORIZED REPRESENTATIVE.] The state 
  3.35  director may serve as the governor's authorized representative.  
  3.36  As such, the state director may apply for and enter into an 
  4.1   agreement with any federal agency to accept and administer 
  4.2   federal financial assistance made available to the state as a 
  4.3   result of a disaster declaration.  Federal money received is 
  4.4   appropriated to the state director, who shall report its 
  4.5   expenditure to the chairs of the house of representatives ways 
  4.6   and means committee and the appropriate senate finance committee.
  4.7      Sec. 2.  Minnesota Statutes 1996, section 84.912, 
  4.8   subdivision 1, is amended to read: 
  4.9      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  4.10  following terms have the meanings given them: 
  4.11     (a) "All-terrain vehicle" has the meaning given in section 
  4.12  84.92, subdivision 8.  
  4.13     (b) "Appropriate agency" means a law enforcement agency 
  4.14  that has the authority to make an arrest for a violation of a 
  4.15  designated offense. 
  4.16     (c) "Designated offense" means a violation of section 84.91 
  4.17  or an ordinance in conformity with it: 
  4.18     (1) occurring within five years of the first of three prior 
  4.19  impaired driving convictions or the first of three prior license 
  4.20  revocations based on separate impaired driving incidents; 
  4.21     (2) occurring within 15 years of the first of four or more 
  4.22  prior impaired driving convictions or the first of four or more 
  4.23  prior license revocations based on separate impaired driving 
  4.24  incidents; 
  4.25     (3) by a person whose driver's license or driving 
  4.26  privileges have been canceled under section 171.04, subdivision 
  4.27  1, clause (8) (9); or 
  4.28     (4) by a person who is subject to a restriction on the 
  4.29  person's driver's license under section 171.09 that provides 
  4.30  that the person may not use or consume any amount of alcohol or 
  4.31  a controlled substance. 
  4.32     (d) "Owner" means the registered owner of the snowmobile or 
  4.33  all-terrain vehicle according to records of the department of 
  4.34  natural resources and includes a lessee of a snowmobile or 
  4.35  all-terrain vehicle if the lease agreement has a term of 180 
  4.36  days or more.  
  5.1      (e) "Prior impaired driving conviction" has the meaning 
  5.2   given in section 169.121, subdivision 3. 
  5.3      (f) "Prior license revocation" has the meaning given in 
  5.4   section 169.121, subdivision 3. 
  5.5      (g) "Prosecuting authority" means the attorney in the 
  5.6   jurisdiction in which the designated offense occurred who is 
  5.7   responsible for prosecuting violations of a designated offense. 
  5.8      (h) "Snowmobile" has the meaning given in section 84.81, 
  5.9   subdivision 3.  
  5.10     (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
  5.11     Sec. 3.  Minnesota Statutes 1996, section 86B.337, 
  5.12  subdivision 1, is amended to read: 
  5.13     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  5.14  following terms have the meanings given them: 
  5.15     (a) "Appropriate agency" means a law enforcement agency 
  5.16  that has the authority to make an arrest for a violation of a 
  5.17  designated offense. 
  5.18     (b) "Designated offense" means a violation of section 
  5.19  86B.331 or an ordinance in conformity with it: 
  5.20     (1) occurring within five years of the first of three prior 
  5.21  impaired driving convictions or the first of three prior license 
  5.22  revocations based on separate impaired driving incidents; 
  5.23     (2) occurring within 15 years of the first of four or more 
  5.24  prior impaired driving convictions or the first of four or more 
  5.25  prior license revocations based on separate impaired driving 
  5.26  incidents; 
  5.27     (3) by a person whose driver's license or driving 
  5.28  privileges have been canceled under section 171.04, subdivision 
  5.29  1, clause (8) (9); or 
  5.30     (4) by a person who is subject to a restriction on the 
  5.31  person's driver's license under section 171.09 that provides 
  5.32  that the person may not use or consume any amount of alcohol or 
  5.33  a controlled substance. 
  5.34     (c) "Motorboat" has the meaning given in section 86B.005, 
  5.35  subdivision 9.  
  5.36     (d) "Owner" means the registered owner of the motorboat 
  6.1   according to records of the department of natural resources and 
  6.2   includes a lessee of a motorboat if the lease agreement has a 
  6.3   term of 180 days or more. 
  6.4      (e) "Prior impaired driving conviction" has the meaning 
  6.5   given in section 169.121, subdivision 3. 
  6.6      (f) "Prior license revocation" has the meaning given in 
  6.7   section 169.121, subdivision 3. 
  6.8      (g) "Prosecuting authority" means the attorney in the 
  6.9   jurisdiction in which the designated offense occurred who is 
  6.10  responsible for prosecuting violations of a designated offense. 
  6.11     Sec. 4.  Minnesota Statutes 1996, section 168.042, 
  6.12  subdivision 1, is amended to read: 
  6.13     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  6.14  section, the following terms have the meanings given. 
  6.15     (b) "Violator" means a person who was driving, operating, 
  6.16  or in physical control of the motor vehicle when the violation 
  6.17  occurred. 
  6.18     (c) "Violation" means: 
  6.19     (1) a violation of section 169.123 or an impaired driving 
  6.20  conviction as defined in section 169.121, subdivision 3, that 
  6.21  results in the revocation of a person's driver's license or 
  6.22  driving privileges, and also includes an alcohol-related license 
  6.23  revocation from another state; 
  6.24     (2) a violation of section 169.129; and 
  6.25     (3) a violation of section 171.24 by a person whose 
  6.26  driver's license or driving privileges have been canceled under 
  6.27  section 171.04, subdivision 1, clause (8) (9). 
  6.28     Sec. 5.  Minnesota Statutes 1996, section 169.121, 
  6.29  subdivision 4, is amended to read: 
  6.30     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  6.31  of public safety shall revoke the driver's license of a person 
  6.32  convicted of violating this section or an ordinance in 
  6.33  conformity with it as follows:  
  6.34     (1) for an offense under subdivision 1:  not less than 30 
  6.35  days; 
  6.36     (2) for an offense under subdivision 1a:  not less than 90 
  7.1   days; 
  7.2      (3) for an offense occurring within five years after a 
  7.3   prior impaired driving conviction or a prior license revocation, 
  7.4   or any time after two or more prior impaired driving convictions 
  7.5   or prior license revocations:  (i) if the current conviction is 
  7.6   for a violation of subdivision 1, not less than 180 days and 
  7.7   until the court has certified that treatment or rehabilitation 
  7.8   has been successfully completed where prescribed in accordance 
  7.9   with section 169.126; or (ii) if the current conviction is for a 
  7.10  violation of subdivision 1a, not less than one year and until 
  7.11  the court has certified that treatment or rehabilitation has 
  7.12  been successfully completed where prescribed in accordance with 
  7.13  section 169.126; 
  7.14     (4) for an offense occurring within five years after the 
  7.15  first of two prior impaired driving convictions or prior license 
  7.16  revocations:  not less than one year, together with denial under 
  7.17  section 171.04, subdivision 1, clause (8) (9), until 
  7.18  rehabilitation is established in accordance with standards 
  7.19  established by the commissioner; 
  7.20     (5) for an offense occurring any time after three or more 
  7.21  prior impaired driving convictions or prior license 
  7.22  revocations:  not less than two years, together with denial 
  7.23  under section 171.04, subdivision 1, clause (8) (9), until 
  7.24  rehabilitation is established in accordance with standards 
  7.25  established by the commissioner.  
  7.26     (b) If the person convicted of violating this section is 
  7.27  under the age of 21 years, the commissioner of public safety 
  7.28  shall revoke the offender's driver's license or operating 
  7.29  privileges for a period of six months or for the appropriate 
  7.30  period of time under paragraph (a), clauses (1) to (5), for the 
  7.31  offense committed, whichever is the greatest period.  
  7.32     (c) For purposes of this subdivision, a juvenile 
  7.33  adjudication under this section, section 169.129, an ordinance 
  7.34  in conformity with either of them, or a statute or ordinance 
  7.35  from another state in conformity with either of them is an 
  7.36  offense.  
  8.1      (d) Whenever department records show that the violation 
  8.2   involved personal injury or death to any person, not less than 
  8.3   90 additional days shall be added to the base periods provided 
  8.4   above.  
  8.5      (e) Except for a person whose license has been revoked 
  8.6   under paragraph (b), and except for a person who commits a 
  8.7   violation described in subdivision 3, paragraph (c), clause (4), 
  8.8   (child endangerment), any person whose license has been revoked 
  8.9   pursuant to section 169.123 as the result of the same incident, 
  8.10  and who does not have a prior impaired driving conviction or 
  8.11  prior license revocation within the previous ten years, is 
  8.12  subject to the mandatory revocation provisions of paragraph (a), 
  8.13  clause (1) or (2), in lieu of the mandatory revocation 
  8.14  provisions of section 169.123. 
  8.15     (f) As used in this subdivision, the terms "prior impaired 
  8.16  driving conviction" and "prior license revocation" have the 
  8.17  meanings given in subdivision 3, paragraph (a). 
  8.18     Sec. 6.  Minnesota Statutes 1996, section 169.1217, 
  8.19  subdivision 1, is amended to read: 
  8.20     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  8.21  following terms have the meanings given them: 
  8.22     (a) "Appropriate agency" means a law enforcement agency 
  8.23  that has the authority to make an arrest for a violation of a 
  8.24  designated offense. 
  8.25     (b) "Designated offense" includes a violation of section 
  8.26  169.121, an ordinance in conformity with it, or 169.129: 
  8.27     (1) within five years of three prior impaired driving 
  8.28  convictions or three prior license revocations based on separate 
  8.29  incidents; 
  8.30     (2) within 15 years of the first of four or more prior 
  8.31  impaired driving convictions or the first of four or more prior 
  8.32  license revocations based on separate incidents; 
  8.33     (3) by a person whose driver's license or driving 
  8.34  privileges have been canceled under section 171.04, subdivision 
  8.35  1, clause (8) (9); or 
  8.36     (4) by a person who is subject to a restriction on the 
  9.1   person's driver's license under section 171.09 which provides 
  9.2   that the person may not use or consume any amount of alcohol or 
  9.3   a controlled substance. 
  9.4      "Designated offense" also includes a violation of section 
  9.5   169.121, subdivision 3, paragraph (c), clause (4): 
  9.6      (1) within five years of two prior impaired driving 
  9.7   convictions or two prior license revocations based on separate 
  9.8   incidents; or 
  9.9      (2) within 15 years of the first of three or more prior 
  9.10  impaired driving convictions or the first of three or more prior 
  9.11  license revocations based on separate incidents. 
  9.12     (c) "Motor vehicle" and "vehicle" have the meaning given 
  9.13  "motor vehicle" in section 169.121, subdivision 11.  The terms 
  9.14  do not include a vehicle which is stolen or taken in violation 
  9.15  of the law. 
  9.16     (d) "Owner" means the registered owner of the motor vehicle 
  9.17  according to records of the department of public safety and 
  9.18  includes a lessee of a motor vehicle if the lease agreement has 
  9.19  a term of 180 days or more. 
  9.20     (e) "Prior impaired driving conviction" has the meaning 
  9.21  given it in section 169.121, subdivision 3.  A prior impaired 
  9.22  driving conviction also includes a prior juvenile adjudication 
  9.23  that would have been a prior impaired driving conviction if 
  9.24  committed by an adult. 
  9.25     (f) "Prior license revocation" has the meaning given it in 
  9.26  section 169.121, subdivision 3. 
  9.27     (g) "Prosecuting authority" means the attorney in the 
  9.28  jurisdiction in which the designated offense occurred who is 
  9.29  responsible for prosecuting violations of a designated offense. 
  9.30     Sec. 7.  Minnesota Statutes 1996, section 171.043, is 
  9.31  amended to read: 
  9.32     171.043 [NOTICE OF PERSONS UNDER DRIVER'S LICENSE 
  9.33  CANCELLATION.] 
  9.34     The commissioner of public safety shall develop a program 
  9.35  under which the commissioner provides a monthly notice to local 
  9.36  law enforcement agencies of the names and addresses of persons 
 10.1   residing within the local agency's jurisdiction whose driver's 
 10.2   licenses or driving privileges have been canceled under section 
 10.3   171.04, subdivision 1, clause (8) (9).  At the commissioner's 
 10.4   discretion, the commissioner may adopt necessary procedures so 
 10.5   that the information is current and accurate.  Data in the 
 10.6   notice are private data on individuals and are available to law 
 10.7   enforcement agencies. 
 10.8      Sec. 8.  Minnesota Statutes 1996, section 171.24, 
 10.9   subdivision 5, is amended to read: 
 10.10     Subd. 5.  [GROSS MISDEMEANOR.] A person is guilty of a 
 10.11  gross misdemeanor if: 
 10.12     (1) the person's driver's license or driving privilege has 
 10.13  been canceled or denied under section 171.04, subdivision 1, 
 10.14  clause (8) (9); 
 10.15     (2) the person has been given notice of or reasonably 
 10.16  should know of the cancellation or denial; and 
 10.17     (3) the person disobeys the order by operating in this 
 10.18  state any motor vehicle, the operation of which requires a 
 10.19  driver's license, while the person's license or privilege is 
 10.20  canceled or denied. 
 10.21     Sec. 9.  Minnesota Statutes 1996, section 171.30, 
 10.22  subdivision 3, is amended to read: 
 10.23     Subd. 3.  [CONDITIONS ON ISSUANCE.] The commissioner shall 
 10.24  issue a limited license restricted to the vehicles whose 
 10.25  operation is permitted only under a class A, class B, or class C 
 10.26  license whenever a class A, class B, or class C license has been 
 10.27  suspended under section 171.18, or revoked under section 171.17, 
 10.28  for violation of the highway traffic regulation act committed in 
 10.29  a private passenger motor vehicle.  This subdivision shall not 
 10.30  apply to any persons described in section 171.04, subdivision 1, 
 10.31  clauses (4), (5), (6), (8) (7), (9), (10), and (11) (12), or 
 10.32  any person whose license or privilege has been suspended or 
 10.33  revoked for a violation of section 169.121 or 169.123, or a 
 10.34  statute or ordinance from another state in conformity with 
 10.35  either of those sections. 
 10.36     Sec. 10.  Minnesota Statutes 1996, section 171.305, 
 11.1   subdivision 5, is amended to read: 
 11.2      Subd. 5.  [ISSUANCE OF LIMITED LICENSE.] The commissioner 
 11.3   may issue a limited license to a person whose driver's license 
 11.4   has been canceled and denied due to an alcohol or controlled 
 11.5   substance related incident under section 171.04, subdivision 1, 
 11.6   clause (8) (9), under the following conditions: 
 11.7      (1) at least one-half of the person's required abstinence 
 11.8   period has expired; 
 11.9      (2) the person has completed all rehabilitation 
 11.10  requirements; and 
 11.11     (3) the person agrees to drive only a motor vehicle 
 11.12  equipped with a functioning and certified ignition interlock 
 11.13  device. 
 11.14     Sec. 11.  [EFFECTIVE DATES.] 
 11.15     Section 1 is effective retroactively to August 1, 1996.  
 11.16  Sections 2 to 10 are effective retroactively to February 1, 1997.