HF 1189

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

  1.1                          A bill for an act 
  1.2             relating to public safety; preserving certain exempt 
  1.3             rules of department of public safety; requiring 
  1.4             department to adopt permanent rules in place of some 
  1.5             formerly exempt rules; amending Minnesota Statutes 
  1.6             1996, sections 14.387; 169.128; 169.452; 171.321, 
  1.7             subdivision 2; 216D.03, subdivision 2; and 624.22, 
  1.8             subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 14.387, is 
  1.11  amended to read: 
  1.12     14.387 [LEGAL STATUS OF EXISTING EXEMPT RULES.] 
  1.13     A rule adopted on or before May 26, 1995, and which was not 
  1.14  adopted under sections 14.05 to 14.28 or their predecessor 
  1.15  provisions, does not have the force and effect of law on and 
  1.16  after July 1, 1997, and the authority for the rule expires on 
  1.17  that date.  
  1.18     This section does not apply to: 
  1.19     (1) rules implementing emergency powers under sections 
  1.20  12.31 to 12.37; 
  1.21     (2) rules of agencies directly in the legislative or 
  1.22  judicial branches; 
  1.23     (3) rules of the regents of the University of Minnesota; 
  1.24     (4) rules of the department of military affairs; 
  1.25     (5) rules of the comprehensive health association provided 
  1.26  in section 62E.10; 
  1.27     (6) rules of the tax court provided by section 271.06; 
  2.1      (7) rules concerning only the internal management of the 
  2.2   agency or other agencies, and which do not directly affect the 
  2.3   rights of or procedure available to the public; 
  2.4      (8) rules of the commissioner of corrections relating to 
  2.5   the placement and supervision of inmates serving a supervised 
  2.6   release term, the internal management of institutions under the 
  2.7   commissioner's control, and rules adopted under section 609.105 
  2.8   governing the inmates of those institutions; 
  2.9      (9) rules relating to weight limitations on the use of 
  2.10  highways when the substance of the rules is indicated to the 
  2.11  public by means of signs; 
  2.12     (10) opinions of the attorney general; 
  2.13     (11) the systems architecture plan and long-range plan of 
  2.14  the state education management information system provided by 
  2.15  section 121.931; 
  2.16     (12) the data element dictionary and the annual data 
  2.17  acquisition calendar of the department of children, families and 
  2.18  learning to the extent provided by section 121.932; 
  2.19     (13) the occupational safety and health standards provided 
  2.20  in section 182.655; 
  2.21     (14) revenue notices and tax information bulletins of the 
  2.22  commissioner of revenue; 
  2.23     (15) uniform conveyancing forms adopted by the commissioner 
  2.24  of commerce under section 507.09; 
  2.25     (16) game and fish rules of the commissioner of natural 
  2.26  resources adopted under section 84.027, subdivision 13, or 
  2.27  sections 97A.0451 to 97A.0459; 
  2.28     (17) experimental and special management waters designated 
  2.29  by the commissioner of natural resources under sections 97C.001 
  2.30  and 97C.005; or 
  2.31     (18) game refuges designated by the commissioner of natural 
  2.32  resources under section 97A.085; or 
  2.33     (19) rules of the commissioner of public safety authorized 
  2.34  under sections 65B.28 (vehicle accident prevention refresher 
  2.35  course); 169.452, paragraph (b) (school bus accident and 
  2.36  incident reporting form); 169.781, subdivision 4 (commercial 
  3.1   vehicle inspection report form); 169.99, subdivision 2 (traffic 
  3.2   ticket form); 171.02, subdivision 4 (restricted commercial 
  3.3   driver's license); 299C.155, subdivision 2 (collecting evidence 
  3.4   for criminal sexual conduct offenses); 299F.011, subdivision 4a 
  3.5   (follow-up inspections of day care homes); 299F.093, subdivision 
  3.6   1, paragraph (b) (disbursing funds for hazardous substance 
  3.7   notification system); and 347.51, subdivision 2a (warning symbol 
  3.8   for dangerous dogs). 
  3.9      Sec. 2.  Minnesota Statutes 1996, section 169.128, is 
  3.10  amended to read: 
  3.11     169.128 [RULES OF COMMISSIONER OF PUBLIC SAFETY.] 
  3.12     The commissioner of public safety may promulgate rules 
  3.13  under chapter 14 to carry out the provisions of sections 169.121 
  3.14  and 169.123.  The rules may include forms for notice of 
  3.15  intention to revoke, which shall describe clearly the right to a 
  3.16  hearing, the procedure for requesting a hearing, and the 
  3.17  consequences of failure to request a hearing; forms for 
  3.18  revocation and notice of reinstatement of driving privileges as 
  3.19  provided in section 169.1261; and forms for temporary licenses. 
  3.20     Rules promulgated pursuant to this section are subject to 
  3.21  sections 14.01 to 14.20 and 14.365 to 14.69. 
  3.22     Sec. 3.  Minnesota Statutes 1996, section 169.452, is 
  3.23  amended to read: 
  3.24     169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.] 
  3.25     (a) The department commissioner of public safety shall 
  3.26  adopt rules to: 
  3.27     (1) develop uniform definitions of a school bus accident, 
  3.28  an incident of serious misconduct, and an incident that results 
  3.29  in personal injury or death.  The department shall; and 
  3.30     (2) determine what type of information on school bus 
  3.31  accidents and incidents, including criminal conduct, and bus 
  3.32  driver dismissals for cause should be collected and. 
  3.33     (b) The commissioner shall develop a uniform accident and 
  3.34  incident reporting form to collect those data, including data 
  3.35  relating to type III vehicles, statewide.  In addition to the 
  3.36  form, the department shall have an alternative method of 
  4.1   reporting that allows school districts to use computer 
  4.2   technology to provide the required information.  School 
  4.3   districts shall report the information required by the 
  4.4   department using either format.  A school district must not be 
  4.5   charged for reporting forms or reporting procedures under this 
  4.6   section.  This paragraph is not subject to chapter 14. 
  4.7      (c) Data collected under this section shall be analyzed to 
  4.8   help develop accident, crime, and misconduct prevention 
  4.9   programs.  This section is not subject to chapter 14. 
  4.10     Sec. 4.  Minnesota Statutes 1996, section 171.321, 
  4.11  subdivision 2, is amended to read: 
  4.12     Subd. 2.  [RULES.] (a) The commissioner of public safety 
  4.13  shall prescribe rules governing the physical qualifications of 
  4.14  school bus drivers and tests required to obtain a school bus 
  4.15  endorsement.  The rules must provide that an applicant for a 
  4.16  school bus endorsement or renewal is exempt from the physical 
  4.17  qualifications and medical examination required to operate a 
  4.18  school bus upon providing evidence of being medically examined 
  4.19  and certified within the preceding 24 months as physically 
  4.20  qualified to operate a commercial motor vehicle, pursuant to 
  4.21  Code of Federal Regulations, title 49, part 391, subpart E, or 
  4.22  rules of the commissioner of transportation incorporating those 
  4.23  federal regulations.  
  4.24     (b) The commissioner of public safety, in conjunction with 
  4.25  the commissioner of economic security, shall adopt rules 
  4.26  prescribing a training program for Head Start bus 
  4.27  drivers.  Adoption of this program is not subject to chapter 
  4.28  14.  The program must provide for initial classroom and 
  4.29  behind-the-wheel training, and annual in-service training.  The 
  4.30  program must provide training in defensive driving, human 
  4.31  relations, emergency and accident procedures, vehicle 
  4.32  maintenance, traffic laws, and use of safety equipment.  The 
  4.33  program must provide that the training will be conducted by the 
  4.34  contract operator for a Head Start agency, the Head Start 
  4.35  grantee, a licensed driver training school, or by another person 
  4.36  or entity approved by both commissioners. 
  5.1      Sec. 5.  Minnesota Statutes 1996, section 216D.03, 
  5.2   subdivision 2, is amended to read: 
  5.3      Subd. 2.  [ESTABLISHMENT OF NOTIFICATION CENTER.] (a) The 
  5.4   notification center services must be provided by a nonprofit 
  5.5   corporation approved in writing by the commissioner.  A group or 
  5.6   nonprofit corporation that intends to seek approval under this 
  5.7   paragraph shall notify the commissioner by September 1, 1987, of 
  5.8   the date, time, and location of its first meeting.  The 
  5.9   commissioner shall provide advance notice of the first 
  5.10  organizational meeting by publication in qualified legal 
  5.11  newspapers and in appropriate trade journals and by written 
  5.12  notice to all appropriate trade associations.  The nonprofit 
  5.13  corporation must be governed by a board of directors of up to 20 
  5.14  members, one of whom is the director of the office of pipeline 
  5.15  safety.  The other board members must represent and be elected 
  5.16  by operators, excavators, and other persons eligible to 
  5.17  participate in the center.  By November 1, 1987, the board 
  5.18  shall, with input from all interested parties, determine the 
  5.19  operating procedures and technology needed for a single 
  5.20  statewide notification center and establish a notification 
  5.21  process and competitive bidding procedure to select a vendor to 
  5.22  provide the notification service.  In deciding to approve a 
  5.23  nonprofit corporation, the commissioner shall consider whether 
  5.24  it meets the requirements of this paragraph and whether it 
  5.25  demonstrates that it has the ability to contract for and 
  5.26  implement the notification center service. 
  5.27     (b) If the commissioner has not approved a nonprofit 
  5.28  corporation under paragraph (a) by January 1, 1988, the 
  5.29  commissioner shall follow the procedure in this paragraph.  The 
  5.30  commissioner shall prepare a preliminary draft of adopt rules: 
  5.31     (1) establishing a notification process and competitive 
  5.32  bidding procedure for selecting a vendor to provide the 
  5.33  notification service; 
  5.34     (2) governing the operating procedures and technology 
  5.35  needed for a statewide notification center; and 
  5.36     (3) setting forth the method for assessing the cost of the 
  6.1   service among operators.  After holding at least one public 
  6.2   hearing on the preliminary draft following notice given in the 
  6.3   manner required by paragraph (a), the commissioner shall adopt 
  6.4   final operating procedures, technology, and assessment methods.  
  6.5   The preliminary draft, public hearings, and final adoption are 
  6.6   not subject to chapter 14.  By June 1, 1988, 
  6.7      (c) The commissioner shall select a vendor to provide the 
  6.8   notification center service.  The commissioner shall advertise 
  6.9   for bids as provided in section 16B.07, subdivision 3, and base 
  6.10  the selection of a vendor on an identification of the lowest 
  6.11  responsible bidder as provided in section 16B.09, subdivision 
  6.12  1.  The commissioner shall select and contract with the vendor 
  6.13  to provide the notification center service, but all costs of the 
  6.14  center must be paid by the operators.  The commissioner may at 
  6.15  any time appoint a task force to advise on the renewal of the 
  6.16  contract or any other matter involving the center's operations. 
  6.17     (c) The notification center must be in operation by October 
  6.18  1, 1988.  (d) An operator may submit a bid and be selected to 
  6.19  contract to provide the notification center service under 
  6.20  paragraph (a) or (b) (c).  The commissioner shall annually 
  6.21  review the services provided by the nonprofit corporation 
  6.22  approved under paragraph (a) or the vendor selected under 
  6.23  paragraph (b) (c). 
  6.24     Sec. 6.  Minnesota Statutes 1996, section 624.22, 
  6.25  subdivision 1, is amended to read: 
  6.26     Subdivision 1.  [GENERAL REQUIREMENTS; PERMIT; 
  6.27  INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 shall not 
  6.28  prohibit the supervised display of fireworks by a statutory or 
  6.29  home rule charter city, fair association, amusement park, or 
  6.30  other organization, except that: 
  6.31     (1) a fireworks display may be conducted only when 
  6.32  supervised by an operator certified by the state fire marshal; 
  6.33  and 
  6.34     (2) a fireworks display must either be given by a 
  6.35  municipality or fair association within its own limits, or by 
  6.36  any other organization, whether public or private, only after a 
  7.1   permit for the display has first been secured.  
  7.2      (b) Every application for such a permit shall be made in 
  7.3   writing to the municipal clerk at least 15 days in advance of 
  7.4   the date of the display and shall list the name of an operator 
  7.5   who (1) is certified by the state fire marshal and (2) will 
  7.6   supervise the display.  The application shall be promptly 
  7.7   referred to the chief of the fire department who shall make an 
  7.8   investigation to determine whether the operator of the display 
  7.9   is competent and is certified by the state fire marshal, and 
  7.10  whether the display is of such a character and is to be so 
  7.11  located, discharged, or fired that it will not be hazardous to 
  7.12  property or endanger any person.  The fire chief shall report 
  7.13  the results of this investigation to the clerk.  If the fire 
  7.14  chief reports that the operator is certified, that in the 
  7.15  chief's opinion the operator is competent, and that the 
  7.16  fireworks display as planned will conform to the safety 
  7.17  guidelines of the state fire marshal provided for in paragraph 
  7.18  (e), the clerk shall issue a permit for the display when the 
  7.19  applicant pays a permit fee.  
  7.20     (c) When the supervised fireworks display for which a 
  7.21  permit is sought is to be held outside the limits of an 
  7.22  incorporated municipality, the application shall be made to the 
  7.23  county auditor and the duties imposed by sections 624.20 to 
  7.24  624.25 upon the clerk of the municipality shall be performed in 
  7.25  such case by the county auditor.  The duties imposed on the fire 
  7.26  chief of the municipality by sections 624.20 to 624.25 shall be 
  7.27  performed in such case by the county sheriff.  
  7.28     (d) After such permit shall have been granted, sales, 
  7.29  possession, use and distribution of fireworks for such display 
  7.30  shall be lawful for that purpose only.  No permit so granted 
  7.31  shall be transferable.  
  7.32     (e) By January 1, 1996, The state fire marshal shall adopt 
  7.33  and disseminate to political subdivisions reasonable rules 
  7.34  establishing guidelines on fireworks display safety, which are 
  7.35  exempt from chapter 14, that are consistent with sections 624.20 
  7.36  to 624.25 and the most recent editions of the Minnesota Uniform 
  8.1   Fire Code and the National Fire Protection Association 
  8.2   Standards, to insure that fireworks displays are given safely.  
  8.3   In the guidelines, the state fire marshal shall allow political 
  8.4   subdivisions to exempt the use of relatively safe fireworks for 
  8.5   theatrical special effects, ceremonial occasions, and other 
  8.6   limited purposes, as determined by the state fire marshal. 
  8.7      Sec. 7.  [TRANSITION PROVISION FOR PUBLIC SAFETY RULES.] 
  8.8      Notwithstanding Minnesota Statutes, section 14.387, rules 
  8.9   effective on January 1, 1997, pursuant to Minnesota Statutes, 
  8.10  sections 169.128; 169.452, paragraph (a); 171.321; 216D.03, 
  8.11  subdivision 2; and 624.22, subdivision 1, continue and retain 
  8.12  the force and effect of law until the effective date of 
  8.13  nonexempt rules adopted under those sections or July 1, 1998, 
  8.14  whichever date is earlier. 
  8.15     Sec. 8.  [EFFECTIVE DATE.] 
  8.16     Sections 1 to 7 are effective June 30, 1997.