SF 3822

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; providing for an 
  1.3             aggressive initiative against impaired driving and 
  1.4             chemical dependency; increasing the tax on alcoholic 
  1.5             beverages to fund this initiative; appropriating 
  1.6             money; amending Minnesota Statutes 1998, sections 
  1.7             169.121, subdivisions 3b and 5a; 169.126, subdivisions 
  1.8             1 and 2; 297G.03, subdivisions 1 and 2; 297G.04, 
  1.9             subdivisions 1 and 2; 299A.62, subdivision 2; and 
  1.10            609.135, by adding a subdivision; Minnesota Statutes 
  1.11            1999 Supplement, sections 254B.04, subdivision 1; and 
  1.12            299A.62, subdivision 1; proposing coding for new law 
  1.13            in Minnesota Statutes, chapter 609. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  [LEGISLATIVE FINDINGS AND INTENT.] 
  1.16     The legislature finds that: 
  1.17     (1) impaired driving offenses kill and injure more 
  1.18  Minnesotans than any other crime; 
  1.19     (2) many violent crimes are committed by offenders who are 
  1.20  under the influence of alcohol; and 
  1.21     (3) alcohol abuse contributes to domestic violence and 
  1.22  destroys families. 
  1.23  The legislature considers the need to address the problem of 
  1.24  alcohol abuse to be a high priority.  Furthermore, the 
  1.25  legislature determines that the costs of fighting alcohol abuse 
  1.26  should be funded by those who abuse alcohol and those who profit 
  1.27  from its sale.  Consequently, the legislature is increasing the 
  1.28  tax on the sale of alcohol to fund aggressive efforts to reduce 
  1.29  impaired driving offenses and generally prevent crime, injury, 
  2.1   and loss of life through chemical dependency prevention, 
  2.2   screening, and treatment and through increased law enforcement, 
  2.3   prosecution, and incarceration efforts. 
  2.4      Sec. 2.  Minnesota Statutes 1998, section 169.121, 
  2.5   subdivision 3b, is amended to read: 
  2.6      Subd. 3b.  [CHEMICAL USE ASSESSMENT.] The court must shall 
  2.7   order a person to submit to the level of care recommended in the 
  2.8   chemical use assessment if the person has been convicted of 
  2.9   violating: 
  2.10     (1) subdivision 1, clause (f); or 
  2.11     (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
  2.12  (h), subdivision 1a, section 169.121 or 169.129, an ordinance in 
  2.13  conformity with any of them, or a statute or ordinance from 
  2.14  another state in conformity with any of them: 
  2.15     (i) within five years of a prior impaired driving 
  2.16  conviction or a prior license revocation; or 
  2.17     (ii) within ten years of two or more prior impaired driving 
  2.18  convictions, two or more prior license revocations, or a prior 
  2.19  impaired driving conviction and a prior license revocation, 
  2.20  based on separate incidents.  
  2.21     Sec. 3.  Minnesota Statutes 1998, section 169.121, 
  2.22  subdivision 5a, is amended to read: 
  2.23     Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 
  2.24  SURCHARGE.] (a) When a court sentences a person convicted of an 
  2.25  offense enumerated in section 169.126, subdivision 1, clause (1) 
  2.26  or (3), it shall impose a chemical dependency assessment charge 
  2.27  of $125.  A person shall pay an additional surcharge of $5 if 
  2.28  the person is convicted of (i) (1) a violation of section 
  2.29  169.129, or (ii) (2) a violation of this section within five 
  2.30  years of a prior impaired driving conviction, as defined in 
  2.31  subdivision 3, or a prior conviction for an offense arising out 
  2.32  of an arrest for a violation of section 169.121 or 169.129.  
  2.33  This section applies when the sentence is executed, stayed, or 
  2.34  suspended.  The court may not waive payment or authorize payment 
  2.35  of the assessment charge and surcharge in installments unless it 
  2.36  makes written findings on the record that the convicted person 
  3.1   is indigent or that the assessment charge and surcharge would 
  3.2   create undue hardship for the convicted person or that person's 
  3.3   immediate family. 
  3.4      (b) The county shall collect and forward to the 
  3.5   commissioner of finance $25 of the chemical dependency 
  3.6   assessment charge and the $5 surcharge, if any, within 60 days 
  3.7   after sentencing or explain to the commissioner in writing why 
  3.8   the money was not forwarded within this time period.  The 
  3.9   commissioner shall credit the money to the general fund.  The 
  3.10  county shall collect and keep $100 of the chemical dependency 
  3.11  assessment charge.  
  3.12     (c) The chemical dependency assessment charge and surcharge 
  3.13  required under this section are in addition to the surcharge 
  3.14  required by section 357.021, subdivision 6. 
  3.15     Sec. 4.  Minnesota Statutes 1998, section 169.126, 
  3.16  subdivision 1, is amended to read: 
  3.17     Subdivision 1.  [REQUIREMENT; FORM.] A chemical use 
  3.18  assessment shall must be conducted and an assessment report 
  3.19  submitted to the court and to the department of public safety by 
  3.20  the county agency administering the alcohol safety program when: 
  3.21     (a) (1) the defendant is convicted of an offense described 
  3.22  in section 169.121, 169.1211, 169.129, or 360.0752; 
  3.23     (2) the defendant is convicted of an offense listed in 
  3.24  section 611A.08, subdivision 6; or 
  3.25     (b) (3) the defendant is arrested for committing an offense 
  3.26  described in section 169.121 or 169.129 but is convicted of 
  3.27  another offense arising out of the circumstances surrounding the 
  3.28  arrest.  
  3.29     Sec. 5.  Minnesota Statutes 1998, section 169.126, 
  3.30  subdivision 2, is amended to read: 
  3.31     Subd. 2.  [REPORT.] (a) The assessment report shall must be 
  3.32  on a form prescribed by the commissioner of public safety 
  3.33  and shall must contain an evaluation of the convicted defendant 
  3.34  concerning the defendant's prior traffic and criminal record, 
  3.35  characteristics and history of alcohol and chemical use 
  3.36  problems, and amenability to rehabilitation through the alcohol 
  4.1   safety program.  The report shall be is classified as private 
  4.2   data on individuals as defined in section 13.02, subdivision 12. 
  4.3      (b) The assessment report must include: 
  4.4      (1) a recommended level of care for the offender in 
  4.5   accordance with the criteria contained in rules adopted by the 
  4.6   commissioner of human services under section 254A.03, 
  4.7   subdivision 3; 
  4.8      (2) recommendations for other appropriate remedial action 
  4.9   or care, that may consist of educational programs, one-on-one 
  4.10  counseling, a program or type of treatment that addresses mental 
  4.11  health concerns, or a combination of them; or 
  4.12     (3) a specific explanation why no level of care or action 
  4.13  was recommended. 
  4.14     Sec. 6.  Minnesota Statutes 1999 Supplement, section 
  4.15  254B.04, subdivision 1, is amended to read: 
  4.16     Subdivision 1.  [ELIGIBILITY.] (a) Persons eligible for 
  4.17  benefits under Code of Federal Regulations, title 25, part 20, 
  4.18  persons eligible for medical assistance benefits under sections 
  4.19  256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, 
  4.20  or who meet the income standards of section 256B.056, 
  4.21  subdivision 4, and persons eligible for general assistance 
  4.22  medical care under section 256D.03, subdivision 3, are entitled 
  4.23  to chemical dependency fund services.  State money appropriated 
  4.24  for this paragraph must be placed in a separate account 
  4.25  established for this purpose.  
  4.26     Persons with dependent children who are determined to be in 
  4.27  need of chemical dependency treatment pursuant to an assessment 
  4.28  under section 626.556, subdivision 10, or a case plan under 
  4.29  section 260C.201, subdivision 6, or 260C.212, shall be assisted 
  4.30  by the local agency to access needed treatment services.  
  4.31  Treatment services must be appropriate for the individual or 
  4.32  family, which may include long-term care treatment or treatment 
  4.33  in a facility that allows the dependent children to stay in the 
  4.34  treatment facility.  The county shall pay for out-of-home 
  4.35  placement costs, if applicable. 
  4.36     (b) A person not entitled to services under paragraph (a), 
  5.1   but with family income that is less than 60 percent of the state 
  5.2   median income for a family of like size and composition, shall 
  5.3   be eligible to receive chemical dependency fund services within 
  5.4   the limit of funds available after persons entitled to services 
  5.5   under paragraph (a) have been served.  If notified by the state 
  5.6   agency of limited funds, a county must give preferential 
  5.7   treatment to persons with dependent children who are in need of 
  5.8   chemical dependency treatment pursuant to an assessment under 
  5.9   section 626.556, subdivision 10, or a case plan under section 
  5.10  260C.201, subdivision 6, or 260C.212.  A county may spend money 
  5.11  from its own sources to serve persons under this paragraph.  
  5.12  State money appropriated for this paragraph must be placed in a 
  5.13  separate account established for this purpose. 
  5.14     (c) Persons whose income is between 60 percent and 115 
  5.15  percent of the state median income, and persons who do not have 
  5.16  full chemical dependency health care coverage, shall be eligible 
  5.17  for chemical dependency services on a sliding fee basis, within 
  5.18  the limit of funds available, after persons entitled to services 
  5.19  under paragraph (a) and persons eligible for services under 
  5.20  paragraph (b) have been served.  Persons eligible under this 
  5.21  paragraph must contribute to the cost of services according to 
  5.22  the sliding fee scale established under subdivision 3.  A county 
  5.23  may spend money from its own sources to provide services to 
  5.24  persons under this paragraph.  State money appropriated for this 
  5.25  paragraph must be placed in a separate account established for 
  5.26  this purpose. 
  5.27     Sec. 7.  Minnesota Statutes 1998, section 297G.03, 
  5.28  subdivision 1, is amended to read: 
  5.29     Subdivision 1.  [GENERAL RATE; DISTILLED SPIRITS AND WINE.] 
  5.30  The following excise tax is imposed on all distilled spirits and 
  5.31  wine manufactured, imported, sold, or possessed in this state: 
  5.32                                  Standard             Metric
  5.33  (a) Distilled spirits,      $5.03 $11.36       $1.33 $3.03
  5.34  liqueurs, cordials,         per gallon         per liter 
  5.35  and specialties regardless 
  5.36  of alcohol content 
  6.1   (excluding ethyl alcohol) 
  6.2   (b) Wine containing         $ .30 $1.35        $ .08 $ .36 
  6.3   14 percent or less          per gallon         per liter
  6.4   alcohol by volume 
  6.5   (except cider as defined 
  6.6   in section 297G.01, 
  6.7   subdivision 3a) 
  6.8   (c) Wine containing         $ .95 $1.98        $ .25 $ .53
  6.9   more than 14 percent        per gallon         per liter
  6.10  but not more than 21
  6.11  percent alcohol by volume 
  6.12  (d) Wine containing more    $1.82 $2.85        $ .48 $ .76
  6.13  than 21 percent but not     per gallon         per liter
  6.14  more than 24 percent
  6.15  alcohol by volume 
  6.16  (e) Wine containing more    $3.52 $4.54        $ .93 $1.21
  6.17  than 24 percent alcohol     per gallon         per liter
  6.18  by volume
  6.19  (f) Natural and             $1.82 $2.85        $ .48 $ .76
  6.20  artificial sparkling wines  per gallon         per liter
  6.21  containing alcohol 
  6.22  (g) Cider as defined in     $ .15 $1.20        $ .04 $ .32
  6.23  section 297G.01,            per gallon         per liter
  6.24  subdivision 3a
  6.25     In computing the tax on a package of distilled spirits or 
  6.26  wine, a proportional tax at a like rate on all fractional parts 
  6.27  of a gallon or liter must be paid, except that the tax on a 
  6.28  fractional part of a gallon less than 1/16 of a gallon is the 
  6.29  same as for 1/16 of a gallon. 
  6.30     Sec. 8.  Minnesota Statutes 1998, section 297G.03, 
  6.31  subdivision 2, is amended to read: 
  6.32     Subd. 2.  [TAX ON MINIATURES; DISTILLED SPIRITS.] The tax 
  6.33  on miniatures is 14 19 cents per bottle. 
  6.34     Sec. 9.  Minnesota Statutes 1998, section 297G.04, 
  6.35  subdivision 1, is amended to read: 
  6.36     Subdivision 1.  [TAX IMPOSED.] The following excise tax is 
  7.1   imposed on all fermented malt beverages that are imported, 
  7.2   directly or indirectly sold, or possessed in this state: 
  7.3      (1) on fermented malt beverages containing not more than 
  7.4   3.2 percent alcohol by weight, $2.40 $18.86 per 31-gallon 
  7.5   barrel; and 
  7.6      (2) on fermented malt beverages containing more than 3.2 
  7.7   percent alcohol by weight, $4.60 $21.06 per 31-gallon barrel. 
  7.8      For fractions of a 31-gallon barrel, the tax rate is 
  7.9   calculated proportionally. 
  7.10     Sec. 10.  Minnesota Statutes 1998, section 297G.04, 
  7.11  subdivision 2, is amended to read: 
  7.12     Subd. 2.  [TAX CREDIT.] A qualified brewer producing 
  7.13  fermented malt beverages is entitled to a tax credit of $4.60 
  7.14  $21.06 per barrel on 25,000 barrels sold in any fiscal year 
  7.15  beginning July 1, regardless of the alcohol content of the 
  7.16  product.  Qualified brewers may take the credit on the 18th day 
  7.17  of each month, but the total credit allowed may not exceed in 
  7.18  any fiscal year the lesser of: 
  7.19     (1) the liability for tax; or 
  7.20     (2) $115,000. 
  7.21     For purposes of this subdivision, a "qualified brewer" 
  7.22  means a brewer, whether or not located in this state, 
  7.23  manufacturing less than 100,000 barrels of fermented malt 
  7.24  beverages in the calendar year immediately preceding the 
  7.25  calendar year for which the credit under this subdivision is 
  7.26  claimed.  In determining the number of barrels, all brands or 
  7.27  labels of a brewer must be combined.  All facilities for the 
  7.28  manufacture of fermented malt beverages owned or controlled by 
  7.29  the same person, corporation, or other entity must be treated as 
  7.30  a single brewer. 
  7.31     Sec. 11.  Minnesota Statutes 1999 Supplement, section 
  7.32  299A.62, subdivision 1, is amended to read: 
  7.33     Subdivision 1.  [PROGRAM ESTABLISHED.] A community-oriented 
  7.34  policing grant program is established under the administration 
  7.35  of the commissioner of public safety.  Grants may be awarded as 
  7.36  provided in subdivision 2 for the following purposes:  
  8.1      (1) to enable local law enforcement agencies to hire law 
  8.2   enforcement officers.  The grants must be used by law 
  8.3   enforcement agencies to increase the complement of officers in 
  8.4   the agency by paying the salaries of new officers who replace an 
  8.5   existing officer who has been reassigned primarily to 
  8.6   investigate and prevent impaired driving crimes, juvenile crime, 
  8.7   or to perform community-oriented policing duties; 
  8.8      (2) to enable local law enforcement agencies to assign 
  8.9   overtime officers to high crime areas within their 
  8.10  jurisdictions; and 
  8.11     (3) to enable local law enforcement agencies to implement 
  8.12  or expand community-oriented policing projects, liaison efforts 
  8.13  with local school districts, and other innovative community 
  8.14  policing initiatives. 
  8.15     Sec. 12.  Minnesota Statutes 1998, section 299A.62, 
  8.16  subdivision 2, is amended to read: 
  8.17     Subd. 2.  [AWARDING GRANT.] Grants under this section shall 
  8.18  must be awarded by the commissioner of public safety.  Before 
  8.19  any grants are awarded, a committee consisting of the attorney 
  8.20  general, and representatives from the Minnesota chiefs of police 
  8.21  association, the Minnesota sheriffs association, and the 
  8.22  Minnesota police and peace officers association, shall evaluate 
  8.23  the grant applications.  Before grants are awarded, the 
  8.24  commissioner shall meet and consult with the committee 
  8.25  concerning its evaluation of and recommendations on grant 
  8.26  proposals.  A grant under subdivision 1, clause (1), may be 
  8.27  awarded only to a law enforcement agency that demonstrates in 
  8.28  its application that it currently has a need for an additional 
  8.29  officer to be assigned to:  (i) (1) community-oriented policing 
  8.30  duties; or (ii) (2) the investigation and prevention of juvenile 
  8.31  crime, based on the juvenile crime rate in the area over which 
  8.32  the agency has jurisdiction; or (3) the investigation and 
  8.33  prevention of impaired driving crimes.  More than one grant 
  8.34  under subdivision 1, clause (1), may be awarded to an agency; 
  8.35  however, each grant may fund only one position.  At least 50 
  8.36  percent of the grants awarded under subdivision 1, clause (1), 
  9.1   must be awarded to the cities of Minneapolis and St. Paul.  
  9.2      Sec. 13.  [609.133] [CHEMICAL DEPENDENCY TREATMENT; 
  9.3   ASSESSMENT CHARGE.] 
  9.4      Subdivision 1.  [ASSESSMENT CONDUCTED.] The court shall 
  9.5   ensure that a chemical use assessment is conducted on a person 
  9.6   convicted of an offense listed in section 611A.08, subdivision 
  9.7   6, as required in section 169.126. 
  9.8      Subd. 2.  [CHARGE.] (a) When a court sentences a person 
  9.9   convicted of an offense listed in section 611A.08, subdivision 
  9.10  6, it shall impose a chemical dependency assessment charge of 
  9.11  $125.  The court may not waive payment or authorize payment of 
  9.12  the assessment charge in installments unless it makes written 
  9.13  findings on the record that the convicted person is indigent or 
  9.14  that the assessment charge would create undue hardship for the 
  9.15  convicted person or that person's immediate family. 
  9.16     (b) The county shall collect and forward to the 
  9.17  commissioner of finance $25 of the chemical dependency 
  9.18  assessment charge within 60 days after sentencing or explain to 
  9.19  the commissioner in writing why the money was not forwarded 
  9.20  within this time period.  The commissioner shall credit the 
  9.21  money to the general fund.  The county shall collect and keep 
  9.22  $100 of the chemical dependency assessment charge. 
  9.23     (c) The chemical dependency assessment charge required 
  9.24  under this section is in addition to the surcharge required by 
  9.25  section 357.021, subdivision 6. 
  9.26     Sec. 14.  Minnesota Statutes 1998, section 609.135, is 
  9.27  amended by adding a subdivision to read: 
  9.28     Subd. 9.  [CERTAIN PERSONS TO RECEIVE MANDATORY CHEMICAL 
  9.29  DEPENDENCY TREATMENT.] If a court stays the imposition or 
  9.30  execution of sentence for a person convicted of a crime listed 
  9.31  in section 611A.08, subdivision 6, as a condition of probation 
  9.32  and in addition to any other conditions imposed, the court shall 
  9.33  order the person to submit to the level of care recommended in 
  9.34  the chemical use assessment described in section 169.126. 
  9.35     Sec. 15.  [APPROPRIATIONS.] 
  9.36     (a) $....... is appropriated from the general fund to the 
 10.1   commissioner of public safety for the fiscal year ending June 
 10.2   30, 2001; of this amount: 
 10.3      (1) $....... is to increase the complement of state 
 10.4   troopers assigned to enforcing driving while impaired laws; 
 10.5      (2) $....... is for grants under Minnesota Statutes, 
 10.6   section 299A.62, subdivision 1, clause (1), to hire law 
 10.7   enforcement officers to increase law enforcement efforts 
 10.8   targeting impaired driving crimes; and 
 10.9      (3) $....... is for grants to counties to establish and 
 10.10  operate intensive probation programs for repeat impaired driving 
 10.11  offenders under Minnesota Statutes, section 169.1265. 
 10.12  The commissioner shall cooperate with the commissioners of 
 10.13  corrections and human services as required in Minnesota 
 10.14  Statutes, section 169.1265, subdivision 1, when making the 
 10.15  grants described in clause (3).  Notwithstanding Minnesota 
 10.16  Statutes, section 299A.62, subdivision 2, more than 50 percent 
 10.17  of the grants described in clause (2) may be made to government 
 10.18  entities other than Minneapolis and St. Paul. 
 10.19     (b) $....... is appropriated from the general fund to the 
 10.20  commissioner of corrections for the fiscal year ending June 30, 
 10.21  2001, for grants under Minnesota Statutes, section 241.022, 
 10.22  subdivisions 1 and 2, for costs associated with incarcerating 
 10.23  impaired driving offenders and providing programming for these 
 10.24  offenders. 
 10.25     (c) $....... is appropriated from the general fund to the 
 10.26  commissioner of human services for the fiscal year ending June 
 10.27  30, 2001, for the purpose of fully funding Minnesota Statutes, 
 10.28  section 254B.04, subdivision 1.  This appropriation must become 
 10.29  part of the base appropriation for this program. 
 10.30     Sec. 16.  [EFFECTIVE DATE.] 
 10.31     Sections 2 to 5, 13, and 14, are effective August 1, 2000, 
 10.32  and apply to crimes committed on or after that date.  Sections 7 
 10.33  to 10 are effective for taxes imposed after June 30, 2000.