Minnesota Legislature
HF 3607
as introduced - 86th Legislature (2009 - 2010) Posted on 03/10/2010 03:35pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 03/10/2010 |
Current Version - as introduced
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A bill for an act
relating to public safety; providing funding changes for public safety, the
judiciary, private detective board, human rights, and corrections; authorizing
the Office of Administrative Hearings to review driver's license revocation or
disqualification and motor vehicle plate impoundment resulting from implied
consent violations; appropriating money; amending Minnesota Statutes 2008,
sections 169A.52, subdivision 6; 169A.53; 169A.60, subdivision 10; proposing
coding for new law in Minnesota Statutes, chapter 357.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
|
new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
|
new text begin
2010 new text end |
new text begin
2011 new text end |
new text begin
Total new text end |
||||
|
new text begin
General new text end |
new text begin
$ new text end |
new text begin
(8,715,000) new text end |
new text begin
$ new text end |
new text begin
(15,142,000) new text end |
new text begin
$ new text end |
new text begin
(23,857,000) new text end |
Sec. 2. new text begin APPROPRIATIONS.new text end
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown
in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to
the agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2010" and "2011" used in this article mean that the addition
to or subtraction from the appropriation listed under them is available for the fiscal year
ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
reductions to appropriations for the fiscal year ending June 30, 2010, are effective the
day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2010 new text end |
new text begin
2011 new text end |
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Sec. 3. new text begin SUPREME COURT
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||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(856,000) new text end |
new text begin
$ new text end |
new text begin
(1,664,000) new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Supreme Court Operations
|
new text begin
(529,000) new text end |
new text begin
(938,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
(327,000) new text end |
new text begin
(726,000) new text end |
||||
new text begin
This includes a reduction of $22,000 in fiscal
year 2010 and $53,000 in fiscal year 2011
for legal services to low-income clients in
family law matters.
new text end
Sec. 4. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
(159,000) new text end |
new text begin
$ new text end |
new text begin
(309,000) new text end |
||
Sec. 5. new text begin TRIAL COURTS
|
new text begin
$ new text end |
new text begin
(4,242,000) new text end |
new text begin
$ new text end |
new text begin
(7,503,000) new text end |
||
Sec. 6. new text begin TAX COURT
|
new text begin
$ new text end |
new text begin
(12,000) new text end |
new text begin
$ new text end |
new text begin
(25,000) new text end |
||
Sec. 7. new text begin UNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
(2,000) new text end |
||
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
(10,000) new text end |
new text begin
$ new text end |
new text begin
(14,000) new text end |
||
new text begin
This includes a reduction of $5,000 in fiscal
year 2010 and $4,000 in fiscal year 2011
from funding for special investigative and
hearing costs.
new text end
Sec. 9. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
(905,000) new text end |
new text begin
$ new text end |
new text begin
(2,384,000) new text end |
||
Sec. 10. new text begin DEPARTMENT OF PUBLIC
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,800,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
-0- new text end |
new text begin
1,600,000 new text end |
||||
new text begin
This appropriation is to provide a match for
Federal Emergency Management Agency
(FEMA) disaster assistance payments under
Minnesota Statutes, section 12.221. This is a
onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal Apprehension
|
new text begin
-0- new text end |
new text begin
200,000 new text end |
||||
new text begin
$200,000 is a onetime appropriation to
the Bureau of Criminal Apprehension for
enhancements to the predatory offender
registry architecture, and for technical
upgrades including the conversion of
documents to a digital format.
new text end
new text begin Subd. 4. new text end
new text begin
Fire Marshal
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||||||
new text begin
Transfers
new text end
new text begin
By June 30, 2010, the commissioner shall
transfer $6,900,000 from the fire safety
account in the special revenue fund to the
general fund.
new text end
new text begin
By June 30, 2011, the commissioner shall
transfer $3,000,000 from the fire safety
account in the special revenue fund to the
general fund.
new text end
Sec. 11. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
(2,000) new text end |
new text begin
$ new text end |
new text begin
(3,000) new text end |
||
Sec. 12. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
(59,000) new text end |
new text begin
$ new text end |
new text begin
(103,000) new text end |
||
Sec. 13. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
(2,459,000) new text end |
new text begin
$ new text end |
new text begin
(4,917,000) new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional Institutions
|
new text begin
(847,000) new text end |
new text begin
(1,693,000) new text end |
||||
new text begin Subd. 3. new text end
new text begin
Community Services
|
new text begin
(1,612,000) new text end |
new text begin
(3,224,000) new text end |
||||
new text begin
Transfers
new text end
new text begin
Notwithstanding Minnesota Statutes, section
241.27, the commissioner shall transfer
$574,000 by June 30, 2010, and $989,000
by June 30, 2011, from the Minnesota
correctional industries revolving fund to the
general fund. These transfers are onetime.
These transfers are in addition to those in
Laws 2009, chapter 83, article 1, section 14,
subdivision 2, paragraph (g).
new text end
new text begin
The commissioner shall transfer $201,000
by June 30, 2010, and $402,000 by June 30,
2011, from the special revenue fund to the
general fund. These transfers are onetime.
new text end
Sec. 14. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
(11,000) new text end |
new text begin
$ new text end |
new text begin
(18,000) new text end |
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ARTICLE 2
IMPLIED CONSENT; ADMINISTRATIVE REVIEW HEARINGS
Section 1.
Minnesota Statutes 2008, section 169A.52, subdivision 6, is amended to
read:
Subd. 6.
Notice of revocation or disqualification; review.
A revocation under
this section or a disqualification under section 171.165 (commercial driver's license
disqualification) becomes effective at the time the commissioner or a peace officer acting
on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or
both, and of revocation or disqualification. The notice must advise the person of the right
to obtain deleted text begin administrative and judicialdeleted text end new text begin review by the commissioner and an administrative
hearing new text end review as provided in section 169A.53 (administrative deleted text begin and judicialdeleted text end review of
license revocation). If mailed, the notice and order of revocation or disqualification is
deemed received three days after mailing to the last known address of the person.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2011.
new text end
Sec. 2.
Minnesota Statutes 2008, section 169A.53, is amended to read:
169A.53 new text begin COMMISSIONER REVIEW AND new text end ADMINISTRATIVE deleted text begin AND
JUDICIALdeleted text end new text begin HEARINGnew text end REVIEW OF LICENSE REVOCATIONnew text begin ; APPEALnew text end .
Subdivision 1.
deleted text begin Administrativedeleted text end new text begin Commissionernew text end review.
(a) At any time during a
period of revocation imposed under section 169A.52 (revocation of license for test failure
or refusal) or a period of disqualification imposed under section 171.165 (commercial
driver's license disqualification), a person may request in writing a review of the order
of revocation or disqualification by the commissioner, unless the person is entitled to
review under section 171.166 (review of disqualification). Upon receiving a request the
commissioner or the commissioner's designee shall review the order, the evidence upon
which the order was based, and any other material information brought to the attention
of the commissioner, and determine whether sufficient cause exists to sustain the order.
Within 15 days of receiving the request the commissioner shall report in writing the results
of the review. The review provided in this subdivision is not subject to the contested case
provisions of the Administrative Procedure Act in sections 14.001 to 14.69.
(b) The availability of administrative review for an order of revocation or
disqualification has no effect upon the availability of deleted text begin judicialdeleted text end new text begin an administrativenew text end reviewnew text begin
hearingnew text end under this section.
(c) Review under this subdivision must take place, if possible, at the same time as
any administrative review of the person's impoundment order under section 169A.60,
subdivision 9.
Subd. 2.
Petition for deleted text begin judicialdeleted text end new text begin administrative new text end reviewnew text begin hearingnew text end .
(a) new text begin Notwithstanding
section 14.57 and other law to the contrary, new text end within 30 days following receipt of a notice
and order of revocation or disqualification pursuant to section 169A.52 (revocation of
license for test failure or refusal), a person may petition the deleted text begin courtdeleted text end new text begin Office of Administrative
Hearingsnew text end for review. The petition must be filed with the deleted text begin district court administrator in the
county where the alleged offense occurred,deleted text end new text begin Office of Administrative Hearings,new text end together
with proof of service of a copy on the commissioner, and accompanied by the deleted text begin standarddeleted text end
filing fee deleted text begin for civil actionsdeleted text end new text begin provided under section 357.081new text end . Responsive pleading is not
required of the commissioner, and deleted text begin courtdeleted text end fees must not be charged for the appearance of
the commissioner in the matter.
(b) The petition must:
(1) be captioned in the full name of the person making the petition as petitioner and
the commissioner as respondent;
(2) include the petitioner's date of birth, driver's license number, and date of the
offense; and
(3) state with specificity the grounds upon which the petitioner seeks rescission of
the order of revocation, disqualification, or denial.
(c) The filing of the petition does not stay the revocation, disqualification, or denial.
The deleted text begin reviewing courtdeleted text end new text begin hearing officernew text end may order a stay of the balance of the revocation or
disqualification if the hearing has not been conducted within 60 days after filing of the
petition upon terms the deleted text begin courtdeleted text end new text begin hearing officernew text end deems proper.
(d) deleted text begin Judicialdeleted text end Reviews must be conducted according to deleted text begin the Rules of Civil Procedure,
except thatdeleted text end new text begin sections 14.57 to 14.69 and Minnesota Rules, parts 1400.5010 to 1400.8401,
unless otherwise provided in this section.
new text end
new text begin (e) new text end Prehearing discovery is mandatory and is limited to:
(1) the notice of revocation;
(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
(3) the peace officer's certificate and any accompanying documentation submitted by
the arresting officer to the commissioner; and
(4) disclosure of potential witnesses, including experts, and the basis of their
testimony.
Other types of discovery are available only upon order of the deleted text begin courtdeleted text end new text begin administrative
law judgenew text end .
Subd. 3.
deleted text begin Judicialdeleted text end new text begin Administrative reviewnew text end hearing; issues, order, appeal.
(a) deleted text begin A
judicial review hearing under this section must be before a district judge in any county in
the judicial district where the alleged offense occurred. The hearing is to the court and
may be conducted at the same time and in the same manner as hearings upon pretrial
motions in the criminal prosecution under section 169A.20 (driving while impaired), if
any.deleted text end The hearing must be recorded. The commissioner shall appear and be represented by
the attorney general deleted text begin or through the prosecuting authority for the jurisdiction involveddeleted text end . The
hearing must be held at the earliest practicable date, and in any event no later than 60 days
following the filing of the petition for review. The deleted text begin judicial district administratordeleted text end new text begin Office of
Administrative Hearings new text end shall establish procedures to ensure efficient compliance with
this subdivision. To accomplish this, the deleted text begin administratordeleted text end new text begin Office of Administrative Hearings
new text end may, whenever possible, consolidate and transfer review hearings deleted text begin among the locations
within the judicial district where terms of district court are helddeleted text end new text begin and receive testimony and
argument by means of interactive televisionnew text end .
(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
(1) Did the peace officer have probable cause to believe the person was driving,
operating, or in physical control of a motor vehicle or commercial motor vehicle in
violation of section 169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or collision resulting in
property damage, personal injury, or death?
(4) Did the person refuse to take a screening test provided for by section 169A.41
(preliminary screening test)?
(5) If the screening test was administered, did the test indicate an alcohol
concentration of 0.08 or more?
(6) At the time of the request for the test, did the peace officer inform the person
of the person's rights and the consequences of taking or refusing the test as required by
section 169A.51, subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or in physical control of a
motor vehicle, did the test results indicate at the time of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?
(10) Was the testing method used valid and reliable and were the test results
accurately evaluated?
(c) It is an affirmative defense for the petitioner to prove that, at the time of the
refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of laboratory or medical personnel
reports, records, documents, licenses, and certificates are admissible as substantive
evidence.
(e) The deleted text begin courtdeleted text end new text begin hearing officernew text end shall order that the revocation or disqualification be
either rescinded or sustained and forward the order to the commissioner. The deleted text begin courtdeleted text end new text begin hearing
officernew text end shall file deleted text begin itsdeleted text end new text begin thenew text end order within 14 days following the hearing. If the revocation or
disqualification is sustained, the deleted text begin courtdeleted text end new text begin hearing officernew text end shall also forward the person's
driver's license or permit to the commissioner for further action by the commissioner if the
license or permit is not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the deleted text begin reviewing courtdeleted text end new text begin hearing officernew text end may
appeal the decision as provided in deleted text begin the Rules of Appellate Proceduredeleted text end new text begin chapter 14new text end .
(g) The deleted text begin civildeleted text end new text begin administrative reviewnew text end hearing under this section shall not give rise to
an estoppel on any issues arising from the same set of circumstances in any criminal
prosecution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2011.
new text end
Sec. 3.
Minnesota Statutes 2008, section 169A.60, subdivision 10, is amended to read:
Subd. 10.
Petition for deleted text begin judicialdeleted text end new text begin administrative new text end reviewnew text begin hearing; appealnew text end .
(a)
new text begin Notwithstanding section 14.57and other law to the contrary, new text end within 30 days following
receipt of a notice and order of impoundment under this section, a person may petition
the deleted text begin courtdeleted text end new text begin Office of Administrative Hearingsnew text end for review. The petition must include proof
of service of a copy of the petition on the commissioner. The petition must include the
petitioner's date of birth, driver's license number, and date of the plate impoundment
violation, as well as the name of the violator and the law enforcement agency that issued
the plate impoundment order. The petition must state with specificity the grounds upon
which the petitioner seeks rescission of the order for impoundment. The petition may be
combined with any petition filed under section 169A.53 (administrative deleted text begin and judicialdeleted text end
review of license revocation).
(b) Except as otherwise provided in this section, the deleted text begin judicialdeleted text end new text begin administrativenew text end review
deleted text begin anddeleted text end hearing deleted text begin aredeleted text end new text begin isnew text end governed by section 169A.53 and must take place at the same time as
any deleted text begin judicial reviewdeleted text end new text begin administrative review hearingnew text end of the person's license revocation under
section 169A.53. The filing of the petition does not stay the impoundment order. The
deleted text begin reviewing courtdeleted text end new text begin hearing officernew text end may order a stay of the balance of the impoundment period
if the hearing has not been conducted within 60 days after filing of the petition upon terms
the deleted text begin courtdeleted text end new text begin hearing officernew text end deems proper. The deleted text begin courtdeleted text end new text begin hearing officernew text end shall order either that the
impoundment be rescinded or sustained, and forward the order to the commissioner. The
deleted text begin courtdeleted text end new text begin hearing officernew text end shall file its order within 14 days following the hearing.
(c) In addition to the issues described in section 169A.53, subdivision 3 (deleted text begin judicialdeleted text end
new text begin administrative new text end review of license revocation), the scope of a hearing under this subdivision
is limited to:
(1) if the impoundment is based on a plate impoundment violation described in
subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable
cause to believe the violator committed the plate impoundment violation and whether the
evidence demonstrates that the plate impoundment violation occurred; and
(2) for all other cases, whether the peace officer had probable cause to believe the
violator committed the plate impoundment violation.
(d) In a hearing under this subdivision, the following records are admissible in
evidence:
(1) certified copies of the violator's driving record; and
(2) certified copies of vehicle registration records bearing the violator's name.
new text begin
(e) Any party aggrieved by the decision of the hearing officer may appeal the
decision as provided in chapter 14.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2011.
new text end
Sec. 4.
new text begin
[357.081] OFFICE OF ADMINISTRATIVE HEARINGS; FEE.
new text end
new text begin
The Office of Administrative Hearings shall charge and collect a filing fee of $310
from a person filing a petition for an administrative review of a driver's license revocation
under section 169A.53, vehicle impoundment under section 169A.60, or combined review.
Notwithstanding section 14.54, the Office of Administrative Hearings shall transmit the
fees monthly to the commissioner of management and budget for deposit in the state
treasury and credit to the general fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2011.
new text end
Sec. 5. new text begin RULEMAKING AUTHORITY.
new text end
new text begin
The Office of Administrative Hearings shall adopt rules under Minnesota Statutes,
chapter 14, to implement sections 1 to 4. The rules must include, at a minimum, the
procedure for hearings in regional offices, and the use of teleconferencing and highly
qualified hearing officers. The Office of Administrative Hearings may adopt the initial set
of these rules as exempt rules under Minnesota Statutes, section 14.386. These rules are
permanent and effective upon publication in the state register until further amended or
repealed by the Office of Administrative Hearings.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall prepare a bill for introduction in the 2011 regular
legislative session making any technical and conforming changes to Minnesota Statutes
made necessary by sections 1 to 5.
new text end