SF 606

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention; providing for an aggressive initiative against
impaired driving and chemical dependency; increasing the tax on alcoholic
beverages to fund this initiative; eliminating obsolete language and making
technical corrections; appropriating money; amending Minnesota Statutes
2004, sections 169A.275, subdivision 5; 169A.284, subdivision 1; 169A.54,
subdivision 11; 169A.70, subdivisions 2, 3, by adding subdivisions; 254B.01,
subdivisions 2, 3; 254B.02, subdivision 1; 254B.03, subdivisions 1, 4; 254B.04,
subdivisions 1, 3; 254B.06, subdivisions 1, 2; 297G.03, subdivisions 1, 2;
297G.04, subdivisions 1, 2; 299A.62, subdivisions 1, 2; 609.115, subdivision 8;
609.135, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 373; 609; repealing Minnesota Statutes 2004, sections
254B.02, subdivisions 2, 3, 4; 254B.09, subdivisions 4, 5, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end

new text begin The legislature finds that:
new text end

new text begin (1) impaired driving offenses kill and injure more Minnesotans than any other crime;
new text end

new text begin (2) many violent crimes are committed by offenders who are under the influence
of alcohol; and
new text end

new text begin (3) alcohol abuse contributes to domestic violence and destroys families.
new text end

new text begin The legislature considers the need to address the problem of alcohol abuse to be a
high priority. Furthermore, the legislature determines that the costs of fighting alcohol
abuse should be funded by those who abuse alcohol and those who profit from its sale.
Consequently, the legislature is increasing the tax on the sale of alcohol to fund aggressive
efforts to reduce impaired driving offenses and generally prevent crime, injury, and loss
of life through chemical dependency prevention, screening, and treatment and through
increased law enforcement, prosecution, and incarceration efforts.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169A.275, subdivision 5, is amended to read:

Subd. 5.

Level of care recommended in chemical use assessment.

Unless the
court commits the person to the custody of the commissioner of corrections as provided in
section 169A.276 (mandatory penalties; felony violations), in addition to other penalties
required under this section, new text begin if the person has not already done so, new text end the court shall order
a person to submit to the level of care recommended in the chemical use assessment
conducted under section 169A.70 (alcohol safety program; chemical use assessments) if
the person new text begin : (1) new text end is convicted of violating section 169A.20 (driving while impaired) deleted text begin while
having an alcohol concentration of 0.20 or more as measured at the time, or within two
hours of the time, of the offense or if the violation occurs within ten years of one or more
qualified prior impaired driving incidents deleted text end new text begin ; or (2) is arrested for violating section 169A.20,
but is convicted of another offense arising out of the circumstances surrounding the arrest new text end .

Sec. 3.

Minnesota Statutes 2004, section 169A.284, subdivision 1, is amended to read:

Subdivision 1.

When required.

(a) When a court sentences a person convicted of
an offense enumerated in section 169A.70, subdivision 2 new text begin , paragraph (b), clause (1) or
(2), new text end (chemical use assessment; requirement; form), it shall impose a chemical dependency
assessment charge of $125. A person shall pay an additional surcharge of $5 if the
person is convicted of a violation of section 169A.20 (driving while impaired) within five
years of a prior impaired driving conviction or a prior conviction for an offense arising
out of an arrest for a violation of section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under influence of alcohol or controlled substance) or 169.129 (aggravated
DWI-related violations; penalty). This section applies when the sentence is executed,
stayed, or suspended. The court may not waive payment or authorize payment of the
assessment charge and surcharge in installments unless it makes written findings on the
record that the convicted person is indigent or that the assessment charge and surcharge
would create undue hardship for the convicted person or that person's immediate family.

(b) The chemical dependency assessment charge and surcharge required under
this section are in addition to the surcharge required by section 357.021, subdivision 6
(surcharges on criminal and traffic offenders).

Sec. 4.

Minnesota Statutes 2004, section 169A.54, subdivision 11, is amended to read:

Subd. 11.

Chemical use assessment.

When the evidentiary test shows an alcohol
concentration of 0.07 or more, that result must be reported to the commissioner. The
commissioner shall record that fact on the driver's record. When the driver's record shows
a second or subsequent report of an alcohol concentration of 0.07 or more within two
years of a recorded report, the commissioner may require that the driver have a chemical
use assessment meeting the commissioner's requirements new text begin and those of section 169A.70 new text end .
The assessment must be at the driver's expense. In no event shall the commissioner deny
the license of a person who refuses to take the assessment or to undertake treatment, if
treatment is indicated by the assessment, for longer than 90 days. If an assessment is
made pursuant to this section, the commissioner may waive the assessment required
by section 169A.70.

Sec. 5.

Minnesota Statutes 2004, section 169A.70, subdivision 2, is amended to read:

Subd. 2.

Chemical use assessment requirement.

new text begin (a) As used in this subdivision,
"violent crime" has the meaning given in section 609.133, subdivision 1.
new text end

new text begin (b) new text end A chemical use assessment must be conducted and an assessment report
submitted to the court and to the Department of Public Safety by the county agency
administering the alcohol safety program when:

(1) the defendant is convicted of an offense described in section 169A.20 (driving
while impaired), 169A.31 (alcohol-related school bus and Head Start bus driving), or
360.0752 (impaired aircraft operation); deleted text begin or
deleted text end

(2) the defendant is arrested for committing an offense described in clause (1) but is
convicted of another offense arising out of the circumstances surrounding the arrest new text begin ; or
new text end

new text begin (3) the defendant is convicted of a violent crime new text end .

Sec. 6.

Minnesota Statutes 2004, section 169A.70, subdivision 3, is amended to read:

Subd. 3.

Assessment report.

(a) The assessment report must be on a form
prescribed by the commissioner and shall contain an evaluation of the convicted defendant
concerning the defendant's prior traffic new text begin and criminal new text end record, characteristics and history
of alcohol and chemical use problems, and amenability to rehabilitation through the
alcohol safety program. The report is classified as private data on individuals as defined
in section 13.02, subdivision 12.

(b) The assessment report must include:

(1) new text begin a diagnosis of the nature of the offender's chemical and alcohol involvement;
new text end

new text begin (2) an assessment of the severity level of the involvement;
new text end

new text begin (3) new text end a recommended level of care for the offender in accordance with the criteria
contained in rules adopted by the commissioner of human services under section 254A.03,
subdivision 3 (chemical dependency treatment rules);

new text begin (4) an assessment of the offender's placement needs;
new text end

deleted text begin (2) deleted text end new text begin (5) new text end recommendations for other appropriate remedial action or care new text begin , including
aftercare services in section 254B.01, subdivision 3, new text end that may consist of educational
programs, one-on-one counseling, a program or type of treatment that addresses mental
health concerns, or a combination of them; deleted text begin or deleted text end new text begin and
new text end

deleted text begin (3) deleted text end new text begin (6) new text end a specific explanation why no level of care or action was recommended new text begin ,
if applicable new text end .

Sec. 7.

Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Method of assessment. new text end

new text begin (a) As used in this subdivision, "collateral contact"
means an oral or written communication initiated by an assessor for the purpose of
gathering information from an individual or agency, other than the offender, to verify or
supplement information provided by the offender during an assessment under this section.
The term includes contacts with family members, criminal justice agencies, educational
institutions, and employers.
new text end

new text begin (b) An assessment conducted under this section must include as least one personal
interview with the offender designed to make a determination about the extent of the
offender's past and present chemical and alcohol use or abuse. It must also include
collateral contacts and a review of relevant records or reports regarding the offender
including, but not limited to, police reports, arrest reports, driving records, chemical testing
records, and test refusal records. If the offender has a probation officer, the officer must be
the subject of a collateral contact, under this subdivision. If an assessor is unable to make
collateral contacts, the assessor shall specify why collateral contacts were not made.
new text end

Sec. 8.

Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Preconviction assessment. new text end

new text begin (a) The court may not accept a chemical use
assessment conducted before conviction as a substitute for the assessment required by this
section unless the court ensures that the preconviction assessment meets the standards
described in this section.
new text end

new text begin (b) If the commissioner of public safety is making a decision regarding reinstating
a person's driver's license based on a chemical use assessment, the commissioner shall
ensure that the assessment meets the standards described in this section.
new text end

Sec. 9.

Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Timing of assessment. new text end

new text begin Chemical use assessments conducted under this
section must be completed at the earliest time possible. It is a strong preference that the
interview with the offender be conducted while the offender is being initially held in
custody after arrest.
new text end

Sec. 10.

Minnesota Statutes 2004, section 169A.70, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Court's authority to require assessments in other instances. new text end

new text begin A court
having jurisdiction over a person in a juvenile, criminal, or civil proceeding may order that
the person submit to a chemical use assessment under this section if the court has reason
to believe that the person may have a chemical dependency problem.
new text end

Sec. 11.

Minnesota Statutes 2004, section 254B.01, subdivision 2, is amended to read:

Subd. 2.

American indian.

For purposes of services provided under deleted text begin section
254B.09, subdivision 7 deleted text end new text begin this chapter new text end , "American Indian" means new text begin (1) new text end a person who is a
member of an Indian tribe, and the commissioner shall use the definitions of "Indian" and
"Indian tribe" and "Indian organization" provided in Public Law 93-638 deleted text begin . For purposes of
services provided under section 254B.09, subdivision 4, "American Indian" means deleted text end new text begin or (2) new text end a
resident of federally recognized tribal lands who is recognized as an Indian person by the
federally recognized tribal governing body.

Sec. 12.

Minnesota Statutes 2004, section 254B.01, subdivision 3, is amended to read:

Subd. 3.

Chemical dependency services.

"Chemical dependency services" means a
planned program of care for the treatment of chemical dependency or chemical abuse to
minimize or prevent further chemical abuse by the person new text begin , including, but not limited to,
aftercare services, case management, counseling, employment or educational services,
and sober housing new text end . Diagnostic, evaluation, prevention, referral, new text begin and new text end detoxification deleted text begin , and
aftercare services deleted text end that are not part of a program of care licensable as a residential or
nonresidential chemical dependency treatment program are not chemical dependency
services for purposes of this section. For pregnant and postpartum women, chemical
dependency services include halfway house services deleted text begin , aftercare services, deleted text end new text begin and new text end psychological
services deleted text begin , and case management deleted text end .

Sec. 13.

Minnesota Statutes 2004, section 254B.02, subdivision 1, is amended to read:

Subdivision 1.

Chemical dependency treatment allocation.

The chemical
dependency funds appropriated for allocation shall be placed in a special revenue account.
The commissioner shall annually transfer funds from the chemical dependency fund to pay
for operation of the drug and alcohol abuse normative evaluation system and to pay for all
costs incurred by adding two positions for licensing of chemical dependency treatment
and rehabilitation programs located in hospitals for which funds are not otherwise
appropriated. deleted text begin For each year of the biennium ending June 30, 1999, the commissioner shall
allocate funds to the American Indian chemical dependency tribal account for treatment
of American Indians by eligible vendors under section 254B.05, equal to the amount
allocated in fiscal year 1997. The commissioner shall annually divide the money available
in the chemical dependency fund that is not held in reserve by counties from a previous
allocation, or allocated to the American Indian chemical dependency tribal account. Six
percent of the remaining money must be reserved for the nonreservation American Indian
chemical dependency allocation for treatment of American Indians by eligible vendors
under section 254B.05, subdivision 1. The remainder of the money must be allocated
among the counties according to the following formula, using state demographer data and
other data sources determined by the commissioner:
deleted text end

deleted text begin (a) For purposes of this formula, American Indians and children under age 14 are
subtracted from the population of each county to determine the restricted population.
deleted text end

deleted text begin (b) The amount of chemical dependency fund expenditures for entitled persons for
services not covered by prepaid plans governed by section 256B.69 in the previous year is
divided by the amount of chemical dependency fund expenditures for entitled persons for
all services to determine the proportion of exempt service expenditures for each county.
deleted text end

deleted text begin (c) The prepaid plan months of eligibility is multiplied by the proportion of exempt
service expenditures to determine the adjusted prepaid plan months of eligibility for
each county.
deleted text end

deleted text begin (d) The adjusted prepaid plan months of eligibility is added to the number of
restricted population fee for service months of eligibility for the Minnesota family
investment program, general assistance, and medical assistance and divided by the county
restricted population to determine county per capita months of covered service eligibility.
deleted text end

deleted text begin (e) The number of adjusted prepaid plan months of eligibility for the state is added
to the number of fee for service months of eligibility for the Minnesota family investment
program, general assistance, and medical assistance for the state restricted population and
divided by the state restricted population to determine state per capita months of covered
service eligibility.
deleted text end

deleted text begin (f) The county per capita months of covered service eligibility is divided by the
state per capita months of covered service eligibility to determine the county welfare
caseload factor.
deleted text end

deleted text begin (g) The median married couple income for the most recent three-year period
available for the state is divided by the median married couple income for the same period
for each county to determine the income factor for each county.
deleted text end

deleted text begin (h) The county restricted population is multiplied by the sum of the county welfare
caseload factor and the county income factor to determine the adjusted population.
deleted text end

deleted text begin (i) $15,000 shall be allocated to each county.
deleted text end

deleted text begin (j) The remaining funds shall be allocated proportional to the county adjusted
population.
deleted text end

Sec. 14.

Minnesota Statutes 2004, section 254B.03, subdivision 1, is amended to read:

Subdivision 1.

Local agency duties.

(a) Every local agency shall provide chemical
dependency services to persons residing within its jurisdiction who meet criteria
established by the commissioner for placement in a chemical dependency residential or
nonresidential treatment service. Chemical dependency money must be administered
by the local agencies according to law and rules adopted by the commissioner under
sections 14.001 to 14.69.

(b) In order to contain costs, the county board shall, with the approval of the
commissioner of human services, select eligible vendors of chemical dependency services
who can provide economical and appropriate treatment. Unless the local agency is a social
services department directly administered by a county or human services board, the local
agency shall not be an eligible vendor under section 254B.05. The commissioner may
approve proposals from county boards to provide services in an economical manner or to
control utilization, with safeguards to ensure that necessary services are provided. If a
county implements a demonstration or experimental medical services funding plan, the
commissioner shall transfer the money as appropriate. If a county selects a vendor located
in another state, the county shall ensure that the vendor is in compliance with the rules
governing licensure of programs located in the state.

(c) deleted text begin The calendar year 2002 rate for vendors may not increase more than three
percent above the rate approved in effect on January 1, 2001. The calendar year 2003
rate for vendors may not increase more than three percent above the rate in effect on
January 1, 2002. The calendar years 2004 and 2005 rates may not exceed the rate in
effect on January 1, 2003.
deleted text end

deleted text begin (d) deleted text end A culturally specific vendor that provides assessments under a variance under
Minnesota Rules, part 9530.6610, shall be allowed to provide assessment services to
persons not covered by the variance.

Sec. 15.

Minnesota Statutes 2004, section 254B.03, subdivision 4, is amended to read:

Subd. 4.

Division of costs.

Except for services provided by a county under
section 254B.09, subdivision 1, or services provided under section 256B.69 or 256D.03,
subdivision 4, paragraph (b), the county shall, out of local money, pay the state for deleted text begin 15 deleted text end new text begin five
new text end percent of the cost of chemical dependency services, including those services provided
to persons eligible for medical assistance under chapter 256B and general assistance
medical care under chapter 256D. Counties may use the indigent hospitalization levy for
treatment and hospital payments made under this section. deleted text begin Fifteen deleted text end new text begin Five new text end percent of any state
collections from private or third-party pay, less deleted text begin 15 deleted text end new text begin five new text end percent of the cost of payment and
collections, must be distributed to the county that paid for a portion of the treatment under
this section. deleted text begin If all funds allocated according to section 254B.02 are exhausted by a county
and the county has met or exceeded the base level of expenditures under section 254B.02,
subdivision 3, the county shall pay the state for 15 percent of the costs paid by the state
under this section. The commissioner may refuse to pay state funds for services to persons
not eligible under section 254B.04, subdivision 1, if the county financially responsible for
the persons has exhausted its allocation.
deleted text end

Sec. 16.

Minnesota Statutes 2004, section 254B.04, subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

(a) Persons eligible for benefits under Code of Federal
Regulations, title 25, part 20, persons eligible for medical assistance benefits under
sections 256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, or who meet
the income standards of section 256B.056, subdivision 4, and persons eligible for general
assistance medical care under section 256D.03, subdivision 3, are entitled to chemical
dependency fund services. deleted text begin State money appropriated for this paragraph must be placed in
a separate account established for this purpose.
deleted text end

Persons with dependent children who are determined to be in need of chemical
dependency treatment pursuant to an assessment under section 626.556, subdivision 10, or
a case plan under section 260C.201, subdivision 6, or 260C.212, shall be assisted by the
local agency to access needed treatment services. Treatment services must be appropriate
for the individual or family, which may include long-term care treatment or treatment in a
facility that allows the dependent children to stay in the treatment facility. The county
shall pay for out-of-home placement costs, if applicable.

(b) A person not entitled to services under paragraph (a) deleted text begin , but with family income
that is less than 215 percent of the federal poverty guidelines for the applicable family
size, shall be eligible to receive chemical dependency fund services within the limit
of funds appropriated for this group for the fiscal year. If notified by the state agency
of limited funds, a county must give preferential treatment to persons with dependent
children who are in need of chemical dependency treatment pursuant to an assessment
under section 626.556, subdivision 10, or a case plan under section 260C.201, subdivision
6, or 260C.212. A county may spend money from its own sources to serve persons under
this paragraph. State money appropriated for this paragraph must be placed in a separate
account established for this purpose.
deleted text end

deleted text begin (c) Persons whose income is between 215 percent and 412 percent of the federal
poverty guidelines for the applicable family size deleted text end shall be eligible for chemical dependency
services on a sliding fee basis deleted text begin , within the limit of funds appropriated for this group for the
fiscal year deleted text end . Persons eligible under this paragraph must contribute to the cost of services
according to the sliding fee scale established under subdivision 3. deleted text begin A county may spend
money from its own sources to provide services to persons under this paragraph. State
money appropriated for this paragraph must be placed in a separate account established
for this purpose.
deleted text end

Sec. 17.

Minnesota Statutes 2004, section 254B.04, subdivision 3, is amended to read:

Subd. 3.

Amount of contribution.

The commissioner shall adopt a sliding fee scale
to determine the amount of contribution to be required from persons under this section.
The commissioner may adopt rules to amend existing fee scales. The commissioner
may establish a separate fee scale for recipients of chemical dependency transitional and
extended care rehabilitation services that provides for the collection of fees for board
and lodging expenses. The fee schedule shall ensure that employed persons are allowed
the income disregards and savings accounts that are allowed residents of community
mental illness facilities under section 256D.06, subdivisions 1 and 1b. deleted text begin The fee scale
must not provide assistance to persons whose income is more than 115 percent of the
state median income. deleted text end Payments of liabilities under this section are medical expenses for
purposes of determining spenddown under sections 256B.055, 256B.056, 256B.06, and
256D.01 to 256D.21. The required amount of contribution established by the fee scale in
this subdivision is also the cost of care responsibility subject to collection under section
254B.06, subdivision 1.

Sec. 18.

Minnesota Statutes 2004, section 254B.06, subdivision 1, is amended to read:

Subdivision 1.

State collections.

The commissioner is responsible for all collections
from persons determined to be partially responsible for the cost of care of an eligible
person receiving services under deleted text begin Laws 1986, chapter 394, sections 8 to 20 deleted text end new text begin this chapter new text end .
The commissioner may initiate, or request the attorney general to initiate, necessary civil
action to recover the unpaid cost of care. The commissioner may collect all third-party
payments for chemical dependency services provided under deleted text begin Laws 1986, chapter 394,
sections 8 to 20 deleted text end new text begin this chapter new text end , including private insurance and federal Medicaid and
Medicare financial participation. The commissioner shall deposit in a dedicated account
a percentage of collections to pay for the cost of operating the chemical dependency
consolidated treatment fund invoice processing and vendor payment system, billing, and
collections. The remaining receipts must be deposited in the chemical dependency fund.

Sec. 19.

Minnesota Statutes 2004, section 254B.06, subdivision 2, is amended to read:

Subd. 2.

Allocation of collections.

The commissioner shall allocate all federal
financial participation collections to the deleted text begin reserve deleted text end new text begin chemical dependency new text end fund under section
254B.02, subdivision deleted text begin 3 deleted text end new text begin 1 new text end . The commissioner shall retain deleted text begin 85 deleted text end new text begin 95 new text end percent of patient
payments and third-party payments and allocate the collections to the treatment allocation
for the county that is financially responsible for the person. deleted text begin Fifteen deleted text end new text begin Five new text end percent of patient
and third-party payments must be paid to the county financially responsible for the patient.
Collections for patient payment and third-party payment for services provided under
section 254B.09 shall be allocated to the allocation of the tribal unit which placed the
person. Collections of federal financial participation for services provided under section
254B.09 shall be allocated to the deleted text begin tribal reserve account deleted text end new text begin chemical dependency fund new text end under
section deleted text begin 254B.09 deleted text end new text begin 254B.02 new text end , subdivision deleted text begin 5 deleted text end new text begin 1 new text end .

Sec. 20.

Minnesota Statutes 2004, section 297G.03, subdivision 1, is amended to read:

Subdivision 1.

General rate; distilled spirits and wine.

The following excise tax is
imposed on all distilled spirits and wine manufactured, imported, sold, or possessed in
this state:

Standard Metric (a) Distilled spirits, deleted text begin $5.03 deleted text end new text begin $17.69 new text end deleted text begin $1.33 deleted text end new text begin $4.73 new text end liqueurs, cordials, per
gallon per liter and specialties regardless of alcohol content (excluding ethyl alcohol) (b)
Wine containing deleted text begin $ .30 deleted text end new text begin $2.40 new text end deleted text begin $ .08 deleted text end new text begin $0.64 new text end 14 percent or less per gallon per liter alcohol by
volume (except cider as defined in section 297G.01, subdivision 3a) (c) Wine containing deleted text begin $
.95 deleted text end new text begin $3.01 new text end deleted text begin $ .25 deleted text end new text begin $0.81 new text end more than 14 percent per gallon per liter but not more than 21 percent
alcohol by volume (d) Wine containing more deleted text begin $1.82 deleted text end new text begin $3.88 new text end deleted text begin $ .48 deleted text end new text begin $1.04 new text end than 21 percent but
not per gallon per liter more than 24 percent alcohol by volume (e) Wine containing more
deleted text begin $3.52 deleted text end new text begin $5.56 new text end deleted text begin $ .93 deleted text end new text begin $1.49 new text end than 24 percent alcohol per gallon per liter by volume (f) Natural
and deleted text begin $1.82 deleted text end new text begin $3.88 new text end deleted text begin $ .48 deleted text end new text begin $1.04 new text end artificial sparkling wines per gallon per liter containing
alcohol (g) Cider as defined in deleted text begin $ .15 deleted text end new text begin $2.25 new text end deleted text begin $ .04 deleted text end new text begin $0.60 new text end section 297G.01, per gallon per liter
subdivision 3a (h) Low alcohol dairy $ .08 per gallon $ .02 per liter cocktails

In computing the tax on a package of distilled spirits or wine, a proportional tax at a
like rate on all fractional parts of a gallon or liter must be paid, except that the tax on a
fractional part of a gallon less than 1/16 of a gallon is the same as for 1/16 of a gallon.

Sec. 21.

Minnesota Statutes 2004, section 297G.03, subdivision 2, is amended to read:

Subd. 2.

Tax on miniatures; distilled spirits.

The tax on miniatures is deleted text begin 14 deleted text end new text begin 24
new text end cents per bottle.

Sec. 22.

Minnesota Statutes 2004, section 297G.04, subdivision 1, is amended to read:

Subdivision 1.

Tax imposed.

The following excise tax is imposed on all fermented
malt beverages that are imported, directly or indirectly sold, or possessed in this state:

(1) on fermented malt beverages containing not more than 3.2 percent alcohol by
weight, deleted text begin $2.40 deleted text end new text begin $35.32 new text end per 31-gallon barrel; and

(2) on fermented malt beverages containing more than 3.2 percent alcohol by
weight, deleted text begin $4.60 deleted text end new text begin $37.52 new text end per 31-gallon barrel.

For fractions of a 31-gallon barrel, the tax rate is calculated proportionally.

Sec. 23.

Minnesota Statutes 2004, section 297G.04, subdivision 2, is amended to read:

Subd. 2.

Tax credit.

A qualified brewer producing fermented malt beverages is
entitled to a tax credit of deleted text begin $4.60 deleted text end new text begin $37.52 new text end per barrel on 25,000 barrels sold in any fiscal year
beginning July 1, regardless of the alcohol content of the product. Qualified brewers may
take the credit on the 18th day of each month, but the total credit allowed may not exceed
in any fiscal year the lesser of:

(1) the liability for tax; or

(2) $115,000.

For purposes of this subdivision, a "qualified brewer" means a brewer, whether
or not located in this state, manufacturing less than 100,000 barrels of fermented malt
beverages in the calendar year immediately preceding the calendar year for which the
credit under this subdivision is claimed. In determining the number of barrels, all brands
or labels of a brewer must be combined. All facilities for the manufacture of fermented
malt beverages owned or controlled by the same person, corporation, or other entity
must be treated as a single brewer.

Sec. 24.

Minnesota Statutes 2004, section 299A.62, subdivision 1, is amended to read:

Subdivision 1.

Program established.

(a) A community-oriented policing grant
program is established under the administration of the commissioner of public safety.

(b) Grants may be awarded as provided in subdivision 2 for the following purposes:

(1) to enable local law enforcement agencies to hire law enforcement officers. The
grants must be used by law enforcement agencies to increase the complement of officers in
the agency by paying the salaries of new officers who replace an existing officer who has
been reassigned primarily to investigate and prevent new text begin impaired driving crimes, domestic
violence crimes, or new text end juvenile crime or to perform community-oriented policing duties;

(2) to enable local law enforcement agencies to assign overtime officers to high
crime areas within their jurisdictions; and

(3) to enable local law enforcement agencies to implement or expand
community-oriented policing projects, liaison efforts with local school districts, and other
innovative community policing initiatives.

new text begin (c) Grants under paragraph (b), clause (3), for community policing activities must
be provided for areas with high crime rates and gang, drug, or prostitution activity, for
programs that:
new text end

new text begin (1) include education and training for both peace officers and the community on
community policing initiatives;
new text end

new text begin (2) assign designated peace officers for a period of at least one year to work
exclusively in the area where the enhanced community policing efforts will take place; and
new text end

new text begin (3) include regular community meetings with the designated peace officers,
prosecuting authorities, judges with jurisdiction in the area, and community members to
further law enforcement outreach efforts.
new text end

Sec. 25.

Minnesota Statutes 2004, section 299A.62, subdivision 2, is amended to read:

Subd. 2.

Awarding grant.

new text begin (a) new text end Grants under this section deleted text begin shall deleted text end new text begin must new text end be awarded
by the commissioner of public safety. Before any grants are awarded, a committee
consisting of the attorney general, and representatives from the Minnesota Chiefs of Police
Association, the Minnesota Sheriffs Association, and the Minnesota Police and Peace
Officers Association, shall evaluate the grant applications. Before grants are awarded,
the commissioner shall meet and consult with the committee concerning its evaluation of
and recommendations on grant proposals.

new text begin (b) new text end A grant under subdivision 1, paragraph (b), clause (1), may be awarded only to a
law enforcement agency that demonstrates in its application that it currently has a need
for an additional officer to be assigned to:

(1) community-oriented policing duties; deleted text begin or
deleted text end

(2) the investigation and prevention of juvenile crime, based on the juvenile crime
rate in the area over which the agency has jurisdiction new text begin ;
new text end

new text begin (3) the investigation and prevention of impaired driving crimes; or
new text end

new text begin (4) the investigation and prevention of domestic violence crimes new text end .

new text begin (c) new text end More than one grant under subdivision 1, paragraph (b), clause (1), may be
awarded to an agency; however, each grant may fund only one position. At least 50
percent of the grants awarded under subdivision 1, paragraph (b), clause (1), must be
awarded to the cities of Minneapolis and St. Paul.

Sec. 26.

new text begin [373.50] REQUIREMENT TO PROVIDE CHEMICAL DEPENDENCY
TREATMENT.
new text end

new text begin Each county shall provide comprehensive, needs-specific chemical dependency
treatment programs and services to individuals within the county's criminal justice
system. The programs and services must take into account the fact that the person has
committed a criminal offense and other issues including the individual's gender, ethnic,
cultural, and mental health needs. If the county does not offer a specific program or
service appropriate for an individual, the county shall ensure that the individual is offered
the program or service elsewhere.
new text end

Sec. 27.

Minnesota Statutes 2004, section 609.115, subdivision 8, is amended to read:

Subd. 8.

Chemical use assessment required.

(a) If a person is convicted of a
felony, the probation officer shall determine in the report prepared under subdivision 1
whether or not alcohol or drug use was a contributing factor to the commission of the
offense. If so, the report shall contain the results of a chemical use assessment conducted
in accordance with this subdivision. The probation officer shall make an appointment for
the defendant to undergo the chemical use assessment if so indicated. new text begin If the person is
convicted of a violent crime as defined in section 609.133, subdivision 1, the provisions of
that section apply.
new text end

(b) The chemical use assessment report must include a recommended level of
care for the defendant in accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03, subdivision 3. The assessment
must be conducted by an assessor qualified under rules adopted by the commissioner of
human services under section 254A.03, subdivision 3. An assessor providing a chemical
use assessment may not have any direct or shared financial interest or referral relationship
resulting in shared financial gain with a treatment provider. If an independent assessor
is not available, the probation officer may use the services of an assessor authorized
to perform assessments for the county social services agency under a variance granted
under rules adopted by the commissioner of human services under section 254A.03,
subdivision 3.

new text begin (c) A chemical use assessment and report conducted under this subdivision must
meet the standards described in section 169A.70.
new text end

Sec. 28.

new text begin [609.133] CHEMICAL DEPENDENCY TREATMENT; ASSESSMENT
CHARGE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "violent crime" has the meaning
given in section 609.1095, subdivision 1. The term also includes violations of sections
609.2231, 609.224, and 609.2242.
new text end

new text begin Subd. 2. new text end

new text begin Assessment conducted. new text end

new text begin The court shall ensure that a chemical use
assessment is conducted on a person convicted of a violent crime as required in section
169A.70, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Charge. new text end

new text begin (a) When a court sentences a person convicted of a violent crime,
it shall impose a chemical dependency assessment charge of $125. The court may not
waive payment or authorize payment of the assessment charge in installments unless it
makes written findings on the record that the convicted person is indigent or that the
assessment charge would create undue hardship for the convicted person or that person's
immediate family.
new text end

new text begin (b) The county shall collect and forward to the commissioner of finance $25 of the
chemical dependency assessment charge within 60 days after sentencing or explain to the
commissioner in writing why the money was not forwarded within this time period. The
commissioner shall credit the money to the general fund. The county shall collect and
keep $100 of the chemical dependency assessment charge.
new text end

new text begin (c) The chemical dependency assessment charge required under this section is in
addition to the surcharge required by section 357.021, subdivision 6.
new text end

Sec. 29.

Minnesota Statutes 2004, section 609.135, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Certain persons to receive mandatory chemical dependency treatment.
new text end

new text begin If a court stays the imposition or execution of sentence for a person convicted of a violent
crime as defined in section 609.133, subdivision 1, as a condition of probation and in
addition to any other conditions imposed, the court shall order the person to submit to the
level of care recommended in the chemical use assessment described in section 169A.70.
new text end

Sec. 30. new text begin JUDICIAL TRAINING.
new text end

new text begin The Supreme Court shall include in its judicial education program training relating
to a judge's powers and duties regarding chemical use assessments.
new text end

Sec. 31. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... for the fiscal year ending June 30, 2006, which is the first year, and $.......
for the fiscal year ending June 30, 2007, which is the second year, are appropriated from
the general fund to the commissioner of public safety. Of these amounts:
new text end

new text begin (1) $....... the first year and $....... the second year are to increase the complement of
state troopers assigned to enforcing laws on driving while impaired;
new text end

new text begin (2) $....... the first year and $....... the second year are for grants under Minnesota
Statutes, section 299A.62, subdivision 1, paragraph (b), clause (1), to hire law enforcement
officers to increase law enforcement efforts targeting crimes for driving while impaired;
new text end

new text begin (3) $....... the first year and $....... the second year are for grants to local units of
government to conduct compliance checks for on-sale and off-sale intoxicating liquor
license holders to determine whether the license holder is complying with Minnesota
Statutes, section 340A.503;
new text end

new text begin (4) $....... the first year and $....... the second year are for community policing grants
under Minnesota Statutes, section 299A.62, subdivision 1, paragraph (b), clause (3); and
new text end

new text begin (5) $....... the first year and $....... the second year are for grants to prevent domestic
violence and to provide services to victims of domestic violence.
new text end

new text begin The commissioner shall develop criteria for awarding grants under clause (3).
Notwithstanding Minnesota Statutes, section 299A.62, subdivision 2, more than 50
percent of the grants described in clause (2) may be made to government entities other
than Minneapolis and St. Paul. By September 30, 2006, each law enforcement agency
receiving a grant under clause (4) shall provide a written report to the commissioner of
public safety describing how the grant was used and evaluating the effectiveness of the
enhanced community policing provided under this grant. By December 15, 2006, the
commissioner of public safety shall report to the chairs and ranking minority leaders of the
house and senate committees with jurisdiction over criminal justice policy and funding on
distribution of grants under clause (4). This report also shall summarize the information
provided to the commissioner by the law enforcement agencies receiving grants.
new text end

new text begin (b) $....... for the fiscal year ending June 30, 2006, the first year, and $....... for the
fiscal year ending June 30, 2007, the second year, are appropriated from the general fund
to the commissioner of corrections. Of these amounts:
new text end

new text begin (1) $....... the first year and $....... the second year are for grants under Minnesota
Statutes, section 241.022, subdivisions 1 and 2, for costs associated with incarcerating
impaired driving offenders and providing programming for these offenders;
new text end

new text begin (2) $....... the first year and $....... the second year are for the department's costs
associated with incarcerating felony impaired driving offenders and providing programs
for these offenders;
new text end

new text begin (3) $....... the first year and $....... the second year are for grants to counties to
establish and operate intensive probation programs for repeat impaired driving offenders
under Minnesota Statutes, section 169A.74; and
new text end

new text begin (4) $....... the first year and $....... the second year are:
new text end

new text begin (i) for increased chemical dependency treatment programs at state prisons; and
new text end

new text begin (ii) to provide appropriate chemical dependency treatment, including aftercare
services in Minnesota Statutes, section 254B.01, subdivision 3, for offenders on supervised
release.
new text end

new text begin The commissioner shall cooperate with the commissioners of public safety and human
services as required in Minnesota Statutes, section 169A.74, subdivision 1, when making
the grants described in clause (3).
new text end

new text begin (c) $....... for the fiscal year ending June 30, 2006, and $....... for the fiscal year ending
June 30, 2007, are appropriated from the general fund to the commissioner of human
services for the purpose of fully funding Minnesota Statutes, section 254B.04, subdivision
1. This appropriation must become part of the base appropriation for this program.
new text end

new text begin (d) $....... for the fiscal year ending June 30, 2006, the first year, and $....... for the
fiscal year ending June 30, 2007, the second year, are appropriated from the general fund
to the chief justice of the Supreme Court. Of these amounts:
new text end

new text begin (1) $....... the first year and $....... the second year are for the increased training
described in section 30; and
new text end

new text begin (2) $....... the first year and $....... the second year are for grants to counties for court
services and correctional costs related to conducting chemical use assessments.
new text end

new text begin (e) $....... for the fiscal year ending June 30, 2006, and $....... for the fiscal year
ending June 30, 2007, are appropriated from the general fund to the commissioner of
health for education and prevention initiatives designed to eliminate underage drinking.
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 254B.02, subdivisions 2, 3, and 4; and 254B.09,
subdivisions 4, 5, and 7, are repealed.
new text end

Sec. 33. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 2 to 10 and 27 to 29 are effective August 1, 2005, and apply to crimes
committed on or after that date. Sections 20 to 23 are effective for taxes imposed after
June 30, 2005. new text end