Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                             CHAPTER 12-H.F.No. 100 
                  An act relating to public safety; providing for 
                  emergency expenditures related to the continuing 
                  severe weather conditions and their aftermath; 
                  providing additional funding for state road operations 
                  and state trooper overtime in fiscal year 1997; making 
                  certain cross-reference corrections; reinstating 
                  authority inadvertently stricken; appropriating money; 
                  amending Minnesota Statutes 1996, sections 12.221, 
                  subdivision 3; 84.912, subdivision 1; 86B.337, 
                  subdivision 1; 168.042, subdivision 1; 169.121, 
                  subdivision 4; 169.1217, subdivision 1; 171.043; 
                  171.24, subdivision 5; 171.30, subdivision 3; and 
                  171.305, subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                        EMERGENCY SNOW AND FLOOD FUNDING 
           Section 1.  [APPROPRIATION FOR 1997 SEVERE WEATHER 
        AFFECTING PUBLIC SAFETY.] 
           Subdivision 1.  [COORDINATION.] A special 1997 severe 
        weather appropriation is authorized.  Reimbursement to counties, 
        cities, and towns under this section must be coordinated in so 
        far as possible, and subject to immediate public safety 
        concerns, with emergency federal funding for the same or similar 
        purposes. 
           Subd. 2.  [ALLOCATION OF FUNDS.] The appropriation in this 
        article must be distributed as follows: 
           (a) $6,000,000 is available: 
           (1) for the state match of federal disaster funds for 1997 
        snow-related disaster costs according to the formula agreed to 
        by the state and the federal emergency management agency (FEMA); 
           (2) to fund what would otherwise be the local government 
        match for eligible 1997 snow-related disaster costs in the 
        formula in clause (1); and 
           (3) to fund the ten percent of snow removal costs 
        determined by the FEMA to be ineligible for federal 
        reimbursement; 
           (b) $3,000,000 is reserved for assistance associated with 
        1997 flooding or related emergencies that affect public safety 
        to be distributed as follows: 
           (1) for the state match of federal disaster funds for any 
        1997 flood-related disaster costs according to the formula 
        agreed to by the state and FEMA; 
           (2) for other 1997 flood-related costs not covered in 
        clause (1); and 
           (3) for the purposes specified in paragraph (a) if, by June 
        30, 1997, the commissioner of public safety determines that all 
        or any part of the funds reserved in this paragraph are not 
        needed for the purposes specified in clauses (1) and (2); and 
           (c) $11,000,000 shall be distributed according to a formula 
        that compares snow removal expenditures of local government 
        units for calendar year 1996 to the average annual snow removal 
        expenses for calendar years 1993, 1994, and 1995. 
           Subd. 3.  [DISTRIBUTION OF FUNDS.] The commissioner of 
        public safety must notify local governments of the availability 
        of state disaster relief funds and of the information that must 
        be submitted to obtain funds.  To receive reimbursement of 1996 
        snowplowing expenditures or to match federal disaster 
        assistance, a county, city, or town must request the aid and 
        provide relevant information to the commissioner.  The 
        commissioner may require documentation of costs reported by a 
        county, city, or town.  The commissioner shall review the 
        request, determine the appropriate amount of the reimbursement 
        or match, and distribute funds accordingly. 
           Subd. 4.  [NO PRECEDENT SET.] Funding by the state in this 
        section for costs that would otherwise be a local fiscal 
        responsibility under funding formulas negotiated by the state 
        with FEMA is not to be considered a precedent for any future 
        disaster funding.  
           Sec. 2.  [APPROPRIATION.] 
           $20,000,000 in fiscal year 1997 is appropriated from the 
        general fund to the commissioner of public safety to be spent as 
        provided in section 1, except that the commissioner may use up 
        to $15,000 of this appropriation for administration of this 
        program.  This appropriation does not cancel, but is available 
        until expended. 
           Sec. 3.  [EFFECTIVE DATE.] 
           This article is effective the day after its final enactment.
                                   ARTICLE 2
                             TRUNK HIGHWAY FUNDING 
           Section 1.  [STATE HIGHWAY OPERATIONS; APPROPRIATION.] 
           $16,000,000 is appropriated from the trunk highway fund to 
        the commissioner of transportation for state road operations.  
        This amount is added to the appropriation for state road 
        operations for fiscal year 1997 in Laws 1995, chapter 265, 
        article 2, section 2, subdivision 8. 
           Sec. 2.  [STATE PATROL; APPROPRIATION.] 
           $95,000 is appropriated from the trunk highway fund to the 
        commissioner of public safety for state trooper overtime costs 
        in fiscal year 1997 related to winter weather emergencies.  This 
        appropriation is added to the appropriation for the state patrol 
        for fiscal year 1997 in Laws 1995, chapter 265, article 2, 
        section 5, subdivision 3. 
           Sec. 3.  [EFFECTIVE DATE.] 
           This article is effective the day after its final enactment.
                                   ARTICLE 3 
                                   TECHNICAL 
           Section 1.  Minnesota Statutes 1996, section 12.221, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GOVERNOR'S AUTHORIZED REPRESENTATIVE.] The state 
        director may serve as the governor's authorized representative.  
        As such, the state director may apply for and enter into an 
        agreement with any federal agency to accept and administer 
        federal financial assistance made available to the state as a 
        result of a disaster declaration.  Federal money received is 
        appropriated to the state director, who shall report its 
        expenditure to the chairs of the house of representatives ways 
        and means committee and the appropriate senate finance committee.
           Sec. 2.  Minnesota Statutes 1996, section 84.912, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "All-terrain vehicle" has the meaning given in section 
        84.92, subdivision 8.  
           (b) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense. 
           (c) "Designated offense" means a violation of section 84.91 
        or an ordinance in conformity with it: 
           (1) occurring within five years of the first of three prior 
        impaired driving convictions or the first of three prior license 
        revocations based on separate impaired driving incidents; 
           (2) occurring within 15 years of the first of four or more 
        prior impaired driving convictions or the first of four or more 
        prior license revocations based on separate impaired driving 
        incidents; 
           (3) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (8) (9); or 
           (4) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 that provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance. 
           (d) "Owner" means the registered owner of the snowmobile or 
        all-terrain vehicle according to records of the department of 
        natural resources and includes a lessee of a snowmobile or 
        all-terrain vehicle if the lease agreement has a term of 180 
        days or more.  
           (e) "Prior impaired driving conviction" has the meaning 
        given in section 169.121, subdivision 3. 
           (f) "Prior license revocation" has the meaning given in 
        section 169.121, subdivision 3. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           (h) "Snowmobile" has the meaning given in section 84.81, 
        subdivision 3.  
           (i) "Vehicle" means a snowmobile or an all-terrain vehicle. 
           Sec. 3.  Minnesota Statutes 1996, section 86B.337, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense. 
           (b) "Designated offense" means a violation of section 
        86B.331 or an ordinance in conformity with it: 
           (1) occurring within five years of the first of three prior 
        impaired driving convictions or the first of three prior license 
        revocations based on separate impaired driving incidents; 
           (2) occurring within 15 years of the first of four or more 
        prior impaired driving convictions or the first of four or more 
        prior license revocations based on separate impaired driving 
        incidents; 
           (3) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (8) (9); or 
           (4) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 that provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance. 
           (c) "Motorboat" has the meaning given in section 86B.005, 
        subdivision 9.  
           (d) "Owner" means the registered owner of the motorboat 
        according to records of the department of natural resources and 
        includes a lessee of a motorboat if the lease agreement has a 
        term of 180 days or more. 
           (e) "Prior impaired driving conviction" has the meaning 
        given in section 169.121, subdivision 3. 
           (f) "Prior license revocation" has the meaning given in 
        section 169.121, subdivision 3. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Sec. 4.  Minnesota Statutes 1996, section 168.042, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
        section, the following terms have the meanings given. 
           (b) "Violator" means a person who was driving, operating, 
        or in physical control of the motor vehicle when the violation 
        occurred. 
           (c) "Violation" means: 
           (1) a violation of section 169.123 or an impaired driving 
        conviction as defined in section 169.121, subdivision 3, that 
        results in the revocation of a person's driver's license or 
        driving privileges, and also includes an alcohol-related license 
        revocation from another state; 
           (2) a violation of section 169.129; and 
           (3) a violation of section 171.24 by a person whose 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (8) (9). 
           Sec. 5.  Minnesota Statutes 1996, section 169.121, 
        subdivision 4, is amended to read: 
           Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
        of public safety shall revoke the driver's license of a person 
        convicted of violating this section or an ordinance in 
        conformity with it as follows:  
           (1) for an offense under subdivision 1:  not less than 30 
        days; 
           (2) for an offense under subdivision 1a:  not less than 90 
        days; 
           (3) for an offense occurring within five years after a 
        prior impaired driving conviction or a prior license revocation, 
        or any time after two or more prior impaired driving convictions 
        or prior license revocations:  (i) if the current conviction is 
        for a violation of subdivision 1, not less than 180 days and 
        until the court has certified that treatment or rehabilitation 
        has been successfully completed where prescribed in accordance 
        with section 169.126; or (ii) if the current conviction is for a 
        violation of subdivision 1a, not less than one year and until 
        the court has certified that treatment or rehabilitation has 
        been successfully completed where prescribed in accordance with 
        section 169.126; 
           (4) for an offense occurring within five years after the 
        first of two prior impaired driving convictions or prior license 
        revocations:  not less than one year, together with denial under 
        section 171.04, subdivision 1, clause (8) (9), until 
        rehabilitation is established in accordance with standards 
        established by the commissioner; 
           (5) for an offense occurring any time after three or more 
        prior impaired driving convictions or prior license 
        revocations:  not less than two years, together with denial 
        under section 171.04, subdivision 1, clause (8) (9), until 
        rehabilitation is established in accordance with standards 
        established by the commissioner.  
           (b) If the person convicted of violating this section is 
        under the age of 21 years, the commissioner of public safety 
        shall revoke the offender's driver's license or operating 
        privileges for a period of six months or for the appropriate 
        period of time under paragraph (a), clauses (1) to (5), for the 
        offense committed, whichever is the greatest period.  
           (c) For purposes of this subdivision, a juvenile 
        adjudication under this section, section 169.129, an ordinance 
        in conformity with either of them, or a statute or ordinance 
        from another state in conformity with either of them is an 
        offense.  
           (d) Whenever department records show that the violation 
        involved personal injury or death to any person, not less than 
        90 additional days shall be added to the base periods provided 
        above.  
           (e) Except for a person whose license has been revoked 
        under paragraph (b), and except for a person who commits a 
        violation described in subdivision 3, paragraph (c), clause (4), 
        (child endangerment), any person whose license has been revoked 
        pursuant to section 169.123 as the result of the same incident, 
        and who does not have a prior impaired driving conviction or 
        prior license revocation within the previous ten years, is 
        subject to the mandatory revocation provisions of paragraph (a), 
        clause (1) or (2), in lieu of the mandatory revocation 
        provisions of section 169.123. 
           (f) As used in this subdivision, the terms "prior impaired 
        driving conviction" and "prior license revocation" have the 
        meanings given in subdivision 3, paragraph (a). 
           Sec. 6.  Minnesota Statutes 1996, section 169.1217, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms have the meanings given them: 
           (a) "Appropriate agency" means a law enforcement agency 
        that has the authority to make an arrest for a violation of a 
        designated offense. 
           (b) "Designated offense" includes a violation of section 
        169.121, an ordinance in conformity with it, or 169.129: 
           (1) within five years of three prior impaired driving 
        convictions or three prior license revocations based on separate 
        incidents; 
           (2) within 15 years of the first of four or more prior 
        impaired driving convictions or the first of four or more prior 
        license revocations based on separate incidents; 
           (3) by a person whose driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (8) (9); or 
           (4) by a person who is subject to a restriction on the 
        person's driver's license under section 171.09 which provides 
        that the person may not use or consume any amount of alcohol or 
        a controlled substance. 
           "Designated offense" also includes a violation of section 
        169.121, subdivision 3, paragraph (c), clause (4): 
           (1) within five years of two prior impaired driving 
        convictions or two prior license revocations based on separate 
        incidents; or 
           (2) within 15 years of the first of three or more prior 
        impaired driving convictions or the first of three or more prior 
        license revocations based on separate incidents. 
           (c) "Motor vehicle" and "vehicle" have the meaning given 
        "motor vehicle" in section 169.121, subdivision 11.  The terms 
        do not include a vehicle which is stolen or taken in violation 
        of the law. 
           (d) "Owner" means the registered owner of the motor vehicle 
        according to records of the department of public safety and 
        includes a lessee of a motor vehicle if the lease agreement has 
        a term of 180 days or more. 
           (e) "Prior impaired driving conviction" has the meaning 
        given it in section 169.121, subdivision 3.  A prior impaired 
        driving conviction also includes a prior juvenile adjudication 
        that would have been a prior impaired driving conviction if 
        committed by an adult. 
           (f) "Prior license revocation" has the meaning given it in 
        section 169.121, subdivision 3. 
           (g) "Prosecuting authority" means the attorney in the 
        jurisdiction in which the designated offense occurred who is 
        responsible for prosecuting violations of a designated offense. 
           Sec. 7.  Minnesota Statutes 1996, section 171.043, is 
        amended to read: 
           171.043 [NOTICE OF PERSONS UNDER DRIVER'S LICENSE 
        CANCELLATION.] 
           The commissioner of public safety shall develop a program 
        under which the commissioner provides a monthly notice to local 
        law enforcement agencies of the names and addresses of persons 
        residing within the local agency's jurisdiction whose driver's 
        licenses or driving privileges have been canceled under section 
        171.04, subdivision 1, clause (8) (9).  At the commissioner's 
        discretion, the commissioner may adopt necessary procedures so 
        that the information is current and accurate.  Data in the 
        notice are private data on individuals and are available to law 
        enforcement agencies. 
           Sec. 8.  Minnesota Statutes 1996, section 171.24, 
        subdivision 5, is amended to read: 
           Subd. 5.  [GROSS MISDEMEANOR.] A person is guilty of a 
        gross misdemeanor if: 
           (1) the person's driver's license or driving privilege has 
        been canceled or denied under section 171.04, subdivision 1, 
        clause (8) (9); 
           (2) the person has been given notice of or reasonably 
        should know of the cancellation or denial; and 
           (3) the person disobeys the order by operating in this 
        state any motor vehicle, the operation of which requires a 
        driver's license, while the person's license or privilege is 
        canceled or denied. 
           Sec. 9.  Minnesota Statutes 1996, section 171.30, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONDITIONS ON ISSUANCE.] The commissioner shall 
        issue a limited license restricted to the vehicles whose 
        operation is permitted only under a class A, class B, or class C 
        license whenever a class A, class B, or class C license has been 
        suspended under section 171.18, or revoked under section 171.17, 
        for violation of the highway traffic regulation act committed in 
        a private passenger motor vehicle.  This subdivision shall not 
        apply to any persons described in section 171.04, subdivision 1, 
        clauses (4), (5), (6), (8) (7), (9), (10), and (11) (12), or 
        any person whose license or privilege has been suspended or 
        revoked for a violation of section 169.121 or 169.123, or a 
        statute or ordinance from another state in conformity with 
        either of those sections. 
           Sec. 10.  Minnesota Statutes 1996, section 171.305, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ISSUANCE OF LIMITED LICENSE.] The commissioner 
        may issue a limited license to a person whose driver's license 
        has been canceled and denied due to an alcohol or controlled 
        substance related incident under section 171.04, subdivision 1, 
        clause (8) (9), under the following conditions: 
           (1) at least one-half of the person's required abstinence 
        period has expired; 
           (2) the person has completed all rehabilitation 
        requirements; and 
           (3) the person agrees to drive only a motor vehicle 
        equipped with a functioning and certified ignition interlock 
        device. 
           Sec. 11.  [EFFECTIVE DATES.] 
           Section 1 is effective retroactively to August 1, 1996.  
        Sections 2 to 10 are effective retroactively to February 1, 1997.
           Presented to the governor March 18, 1997 
           Signed by the governor March 19, 1997, 10:45 a.m.