HF 2846

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; establishing a biological 
  1.3             agents registry; establishing hazardous materials 
  1.4             driver's endorsement regulations; canceling hazardous 
  1.5             materials endorsements for certain offenses; proposing 
  1.6             coding for new law in Minnesota Statutes, chapters 
  1.7             144; 171. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [144.1208] [BIOLOGICAL AGENTS REGISTRY.] 
  1.10     Subdivision 1.  [REGISTRY ESTABLISHED.] The commissioner of 
  1.11  health shall establish a registry of all individuals and 
  1.12  entities, including state agencies, in this state that possess 
  1.13  or maintain a biological agent required to be reported under 
  1.14  this section.  The biological agents registry must list the 
  1.15  biological agents possessed or maintained by individuals and 
  1.16  entities in this state and the purposes for which each 
  1.17  biological agent is used. 
  1.18     Subd. 2.  [DEFINITION.] For purposes of this section, 
  1.19  "biological agent" means: 
  1.20     (1) a select agent that is a virus, bacterium, rickettsia, 
  1.21  fungus, or toxin listed in Code of Federal Regulations, title 
  1.22  42, part 72, appendix A; 
  1.23     (2) a genetically modified microorganism or genetic element 
  1.24  from an organism listed in Code of Federal Regulations, title 
  1.25  42, part 72, appendix A, shown to produce or encode for a factor 
  1.26  associated with a disease; or 
  2.1      (3) a genetically modified microorganism or genetic element 
  2.2   that contains nucleic acid sequences coding for any of the 
  2.3   toxins listed in Code of Federal Regulations, title 42, part 72, 
  2.4   appendix A, or their toxic subunits. 
  2.5      Subd. 3.  [REGISTRATION REQUIRED; OTHER REPORT.] (a) Any 
  2.6   individual or entity that possesses or maintains a biological 
  2.7   agent required to be reported under this section must register 
  2.8   with the commissioner on a form prepared by the commissioner, 
  2.9   within seven days after the individual or entity obtains a 
  2.10  biological agent.  When an individual or entity registers with 
  2.11  the commissioner, the individual or entity must: 
  2.12     (1) list all biological agents possessed or maintained by 
  2.13  the individual or entity; 
  2.14     (2) verify that the individual or entity is adequately 
  2.15  equipped to safely handle all biological agents possessed or 
  2.16  maintained; and 
  2.17     (3) describe the uses for which each biological agent is 
  2.18  being possessed or maintained.  
  2.19     (b) An individual or entity registered with the 
  2.20  commissioner must report to the commissioner within 24 hours 
  2.21  after an unauthorized individual or entity gains access or 
  2.22  attempts to gain access to a biological agent possessed or 
  2.23  maintained by the registered individual or entity.  The initial 
  2.24  report may be made orally but must be followed by a written 
  2.25  report if requested by the commissioner. 
  2.26     Subd. 4.  [DATA PRACTICES.] (a) All data collected or 
  2.27  maintained by the commissioner in the biological agents registry 
  2.28  are private data on individuals or nonpublic data but may be 
  2.29  released as provided in paragraph (b). 
  2.30     (b) The commissioner may release data collected or 
  2.31  maintained by the commissioner in the biological agents registry:
  2.32     (1) for the purpose of aiding or conducting an 
  2.33  epidemiologic investigation of a communicable disease; 
  2.34     (2) to the United States Centers for Disease Control and 
  2.35  Prevention in any investigation involving the release, theft, or 
  2.36  loss of a biological agent required to be reported under this 
  3.1   section; or 
  3.2      (3) to state and federal law enforcement agencies in any 
  3.3   investigation involving the release, theft, loss, or suspended 
  3.4   or attempted misuse of a biological agent required to be 
  3.5   reported under this section. 
  3.6      Subd. 5.  [COOPERATION.] The commissioner shall cooperate 
  3.7   with the United States Centers for Disease Control and 
  3.8   Prevention and state and federal law enforcement agencies in any 
  3.9   investigation involving the release, theft, or loss of a 
  3.10  biological agent required to be reported under this section. 
  3.11     Subd. 6.  [PENALTY.] The commissioner shall impose a fine 
  3.12  of up to $1,000 on any person who willfully or knowingly 
  3.13  violates any provision of this section.  Each day of a 
  3.14  continuing violation shall constitute a separate offense. 
  3.15     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  3.16     Sec. 2.  [171.324] [QUALIFICATIONS OF HAZARDOUS MATERIALS 
  3.17  DRIVER.] 
  3.18     Subdivision 1.  [ENDORSEMENT.] No person shall drive a 
  3.19  vehicle transporting hazardous materials without having a valid 
  3.20  class D driver's license with a hazardous materials endorsement 
  3.21  except as provided in section 171.02, subdivision 2a. 
  3.22     Subd. 2.  [RULES.] The commissioner of public safety shall 
  3.23  prescribe rules governing the qualifications of hazardous 
  3.24  materials drivers and tests required to obtain a hazardous 
  3.25  materials endorsement.  If the commissioner deems it necessary 
  3.26  to protect public safety, the commissioner may adopt rules 
  3.27  pursuant to section 14.388, clause (1), in order to implement 
  3.28  this section.  Rulemaking authority in this section and the 
  3.29  rules adopted under that authority expire July 1, 2005. 
  3.30     Subd. 3.  [RECORDS CHECK OF APPLICANT.] (a) Before issuing 
  3.31  or renewing a hazardous materials endorsement, the commissioner 
  3.32  shall conduct a criminal and driver's license records check of 
  3.33  the applicant.  The commissioner may also conduct the check at 
  3.34  any time while a person is so licensed.  The check must consist 
  3.35  of a criminal records check of the Minnesota criminal justice 
  3.36  information system and a check of the driver's license records 
  4.1   system.  If the applicant has resided in Minnesota for less than 
  4.2   ten years, the check must also include a criminal records check 
  4.3   of information from the state law enforcement agencies in the 
  4.4   states where the person resided during the ten years before 
  4.5   moving to Minnesota, and of the national criminal records 
  4.6   repository including the criminal justice data communications 
  4.7   network.  The applicant's failure to cooperate with the 
  4.8   commissioner in conducting the records check is reasonable cause 
  4.9   to deny an application or cancel a hazardous materials 
  4.10  endorsement.  The commissioner may not release the results of 
  4.11  the records check to any person except the applicant or the 
  4.12  applicant's designee in writing, unless there is evidence the 
  4.13  applicant intended to use the endorsement in the commission of a 
  4.14  crime. 
  4.15     (b) The commissioner may issue to an otherwise qualified 
  4.16  applicant a temporary hazardous materials endorsement, effective 
  4.17  for no more than 180 days, upon presentation of: 
  4.18     (1) an affidavit by the applicant that the applicant has 
  4.19  not been convicted of a disqualifying offense; and 
  4.20     (2) a criminal history check from each state of residence 
  4.21  for the previous ten years.  
  4.22  The criminal history check may be conducted and prepared by any 
  4.23  public or private source acceptable to the commissioner.  The 
  4.24  commissioner may reissue the temporary endorsement if the 
  4.25  national criminal records repository check is timely submitted 
  4.26  but not completed within the 180-day period. 
  4.27     Subd. 4.  [LICENSE VERIFICATION.] An employer or contractor 
  4.28  shall annually verify the validity of the driver's license of 
  4.29  each person who transports hazardous materials for the employer 
  4.30  or contractor with the National Drivers Register or with the 
  4.31  department of public safety. 
  4.32     [EFFECTIVE DATE.] This section is effective July 1, 2002. 
  4.33     Sec. 3.  [171.325] [CANCELING HAZARDOUS MATERIALS 
  4.34  ENDORSEMENT FOR CERTAIN OFFENSES.] 
  4.35     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  4.36  the following terms have the meanings given them. 
  5.1      (b) "Hazardous materials driver" means a person possessing 
  5.2   a hazardous materials driver's endorsement on a valid Minnesota 
  5.3   driver's license. 
  5.4      (c) "Disqualifying offense" includes: 
  5.5      (1) any felony offense; 
  5.6      (2) an act that, if done in Minnesota, would be terrorism; 
  5.7   misuse of explosives or incendiary devices; criminal sexual 
  5.8   conduct; assault; theft; larceny; burglary; robbery; unlawful 
  5.9   entry; extortion; defamation; buying or receiving stolen 
  5.10  property; using, possessing, manufacturing, or carrying weapons 
  5.11  unlawfully; using, possessing, or carrying burglary tools 
  5.12  unlawfully; escape; possession, production, sale, or 
  5.13  distribution of narcotics unlawfully; 
  5.14     (3) an act in any other country that, if done in Minnesota, 
  5.15  would be a felony or would be any of the other offenses provided 
  5.16  in this paragraph and for which a full pardon or similar relief 
  5.17  has not been granted. 
  5.18     Subd. 2.  [CANCELLATION FOR DISQUALIFYING AND OTHER 
  5.19  OFFENSES.] Within ten days of receiving notice under section 
  5.20  631.40, subdivision 1c, or otherwise receiving notice for a 
  5.21  nonresident driver, that a hazardous materials driver has been 
  5.22  convicted of a disqualifying offense, the commissioner shall 
  5.23  permanently cancel the hazardous materials driver's endorsement 
  5.24  on the offender's driver's license and in the case of a 
  5.25  nonresident, the driver's privilege to transport hazardous 
  5.26  materials in Minnesota.  If a hazardous materials driver's 
  5.27  endorsement or privilege to transport hazardous materials in 
  5.28  Minnesota has been permanently canceled, the commissioner shall 
  5.29  not grant reinstatement.  Within ten days of receiving notice 
  5.30  under section 631.40, subdivision 1c, or otherwise receiving 
  5.31  notice for a nonresident driver, that a hazardous materials 
  5.32  driver has been convicted of a violation of section 169A.20, or 
  5.33  a similar statute or ordinance from another state, and within 
  5.34  ten days of revoking a hazardous materials driver's license 
  5.35  under section 169A.52, the commissioner shall cancel the 
  5.36  hazardous materials driver's endorsement on the offender's 
  6.1   driver's license or the nonresident's privilege to transport 
  6.2   hazardous materials in Minnesota for five years.  After five 
  6.3   years the hazardous materials driver may apply to the 
  6.4   commissioner for reinstatement.  Even after five years, 
  6.5   cancellation of a hazardous materials driver's endorsement or a 
  6.6   nonresident's privilege to transport hazardous materials in 
  6.7   Minnesota for a violation under section 169A.20, sections 
  6.8   169A.50 to 169A.53, or a similar statute or ordinance from 
  6.9   another state, shall remain in effect until the driver provides 
  6.10  proof of successful completion of an alcohol or controlled 
  6.11  substance treatment program.  For a first offense, proof of 
  6.12  completion is required only if treatment was ordered as part of 
  6.13  a chemical use assessment.  Within ten days of receiving notice 
  6.14  under section 631.40, subdivision 1c, or otherwise receiving 
  6.15  notice for a nonresident driver, that a hazardous materials 
  6.16  driver has been convicted of a fourth moving violation in the 
  6.17  last three years, the commissioner shall cancel the hazardous 
  6.18  materials driver's endorsement on the offender's driver's 
  6.19  license or the nonresident's privilege to transport hazardous 
  6.20  materials in Minnesota until one year has elapsed since the last 
  6.21  conviction.  A hazardous materials driver who has no new 
  6.22  convictions after one year may apply for reinstatement.  Upon 
  6.23  canceling the offender's hazardous materials endorsement, the 
  6.24  commissioner shall immediately notify the licensed offender of 
  6.25  the cancellation, in writing, by depositing in a United States 
  6.26  post office a notice addressed to the licensed offender at the 
  6.27  licensed offender's last known address, with postage prepaid. 
  6.28     Subd. 3.  [BACKGROUND CHECK.] (a) Before issuing or 
  6.29  renewing a driver's license with a hazardous materials driver's 
  6.30  endorsement, the commissioner shall conduct an investigation to 
  6.31  determine (1) if the applicant has been convicted of committing 
  6.32  a disqualifying offense, four moving violations in the previous 
  6.33  three years, a violation of section 169A.20 or a similar statute 
  6.34  or ordinance from another state, a gross misdemeanor, or (2) if 
  6.35  the applicant's driver's license has been revoked under section 
  6.36  169A.52.  The commissioner shall not issue a new hazardous 
  7.1   materials driver's endorsement and shall not renew an existing 
  7.2   hazardous materials driver's endorsement if the applicant has 
  7.3   been convicted of committing a disqualifying offense.  
  7.4      (b) The commissioner shall not issue a new hazardous 
  7.5   materials driver's endorsement and shall not renew an existing 
  7.6   hazardous materials endorsement (1) if, within the previous five 
  7.7   years, the applicant has been convicted of committing a 
  7.8   violation of section 169A.20, or a similar statute or ordinance 
  7.9   from another state, or a gross misdemeanor, (2) if the 
  7.10  applicant's driver's license has been revoked under section 
  7.11  169A.52, or (3) if, within the previous three years, the 
  7.12  applicant has been convicted of four moving violations.  
  7.13     (c) An applicant who has been convicted of violating 
  7.14  section 169A.20, or a similar statute or ordinance from another 
  7.15  state, or who has had a license revocation under section 169A.52 
  7.16  within the previous ten years must show proof of successful 
  7.17  completion of an alcohol or controlled substance treatment 
  7.18  program in order to receive a hazardous materials endorsement.  
  7.19  For a first offense, proof of completion is required only if 
  7.20  treatment was ordered as part of a chemical use assessment.  
  7.21     (d) An employer or contractor that employs a nonresident 
  7.22  hazardous materials driver must conduct a background check of 
  7.23  the employee's driving record and criminal history in both 
  7.24  Minnesota and the driver's state of residence.  Convictions for 
  7.25  disqualifying offenses, gross misdemeanors, a fourth moving 
  7.26  violation within the previous three years, or violations of 
  7.27  section 169A.20, or a similar statute or ordinance in another 
  7.28  state, must be reported to the department of public safety. 
  7.29     [EFFECTIVE DATE.] This section is effective July 1, 2002.