Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes