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; eliminating 
  1.6             obsolete language and making technical corrections; 
  1.7             appropriating money; amending Minnesota Statutes 2002, 
  1.8             sections 169A.275, subdivision 5; 169A.284, 
  1.9             subdivision 1; 169A.54, subdivision 11; 169A.70, 
  1.10            subdivisions 2, 3, by adding subdivisions; 254B.01, 
  1.11            subdivisions 2, 3; 254B.02, subdivision 1; 254B.03, 
  1.12            subdivisions 1, 4; 254B.04, subdivisions 1, 3; 
  1.13            254B.06, subdivisions 1, 2; 297G.03, subdivisions 1, 
  1.14            2; 297G.04, subdivisions 1, 2; 299A.62, subdivisions 
  1.15            1, 2; 609.115, subdivision 8; 609.135, by adding a 
  1.16            subdivision; proposing coding for new law in Minnesota 
  1.17            Statutes, chapters 373; 609; repealing Minnesota 
  1.18            Statutes 2002, sections 254B.02, subdivisions 2, 3, 4; 
  1.19            254B.09, subdivisions 4, 5, 7. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  [LEGISLATIVE FINDINGS AND INTENT.] 
  1.22     The legislature finds that: 
  1.23     (1) impaired driving offenses kill and injure more 
  1.24  Minnesotans than any other crime; 
  1.25     (2) many violent crimes are committed by offenders who are 
  1.26  under the influence of alcohol; and 
  1.27     (3) alcohol abuse contributes to domestic violence and 
  1.28  destroys families. 
  1.29  The legislature considers the need to address the problem of 
  1.30  alcohol abuse to be a high priority.  Furthermore, the 
  1.31  legislature determines that the costs of fighting alcohol abuse 
  1.32  should be funded by those who abuse alcohol and those who profit 
  2.1   from its sale.  Consequently, the legislature is increasing the 
  2.2   tax on the sale of alcohol to fund aggressive efforts to reduce 
  2.3   impaired driving offenses and generally prevent crime, injury, 
  2.4   and loss of life through chemical dependency prevention, 
  2.5   screening, and treatment and through increased law enforcement, 
  2.6   prosecution, and incarceration efforts. 
  2.7      Sec. 2.  Minnesota Statutes 2002, section 169A.275, 
  2.8   subdivision 5, is amended to read: 
  2.9      Subd. 5.  [LEVEL OF CARE RECOMMENDED IN CHEMICAL USE 
  2.10  ASSESSMENT.] Unless the court commits the person to the custody 
  2.11  of the commissioner of corrections as provided in section 
  2.12  169A.276 (mandatory penalties; felony violations), in addition 
  2.13  to other penalties required under this section, if the person 
  2.14  has not already done so, the court shall order a person to 
  2.15  submit to the level of care recommended in the chemical use 
  2.16  assessment conducted under section 169A.70 (alcohol safety 
  2.17  program; chemical use assessments) if the person:  (1) is 
  2.18  convicted of violating section 169A.20 (driving while 
  2.19  impaired) ~~while having an alcohol concentration of 0.20 or more~~ 
  2.20  ~~as measured at the time, or within two hours of the time, of the~~ 
  2.21  ~~offense or if the violation occurs within ten years of one or~~ 
  2.22  ~~more qualified prior impaired driving incidents~~; or (2) is 
  2.23  arrested for violating section 169A.20, but is convicted of 
  2.24  another offense arising out of the circumstances surrounding the 
  2.25  arrest. 
  2.26     Sec. 3.  Minnesota Statutes 2002, section 169A.284, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [WHEN REQUIRED.] (a) When a court sentences 
  2.29  a person convicted of an offense enumerated in section 169A.70, 
  2.30  subdivision 2, paragraph (b), clause (1) or (2), (chemical use 
  2.31  assessment; requirement; form), it shall impose a chemical 
  2.32  dependency assessment charge of $125.  A person shall pay an 
  2.33  additional surcharge of $5 if the person is convicted of a 
  2.34  violation of section 169A.20 (driving while impaired) within 
  2.35  five years of a prior impaired driving conviction or a prior 
  2.36  conviction for an offense arising out of an arrest for a 
  3.1   violation of section 169A.20 or Minnesota Statutes 1998, section 
  3.2   169.121 (driver under influence of alcohol or controlled 
  3.3   substance) or 169.129 (aggravated DWI-related violations; 
  3.4   penalty).  This section applies when the sentence is executed, 
  3.5   stayed, or suspended.  The court may not waive payment or 
  3.6   authorize payment of the assessment charge and surcharge in 
  3.7   installments unless it makes written findings on the record that 
  3.8   the convicted person is indigent or that the assessment charge 
  3.9   and surcharge would create undue hardship for the convicted 
  3.10  person or that person's immediate family.  
  3.11     (b) The chemical dependency assessment charge and surcharge 
  3.12  required under this section are in addition to the surcharge 
  3.13  required by section 357.021, subdivision 6 (surcharges on 
  3.14  criminal and traffic offenders). 
  3.15     Sec. 4.  Minnesota Statutes 2002, section 169A.54, 
  3.16  subdivision 11, is amended to read: 
  3.17     Subd. 11.  [CHEMICAL USE ASSESSMENT.] When the evidentiary 
  3.18  test shows an alcohol concentration of 0.07 or more, that result 
  3.19  must be reported to the commissioner.  The commissioner shall 
  3.20  record that fact on the driver's record.  When the driver's 
  3.21  record shows a second or subsequent report of an alcohol 
  3.22  concentration of 0.07 or more within two years of a recorded 
  3.23  report, the commissioner may require that the driver have a 
  3.24  chemical use assessment meeting the commissioner's 
  3.25  requirements and those of section 169A.70.  The assessment must 
  3.26  be at the driver's expense.  In no event shall the commissioner 
  3.27  deny the license of a person who refuses to take the assessment 
  3.28  or to undertake treatment, if treatment is indicated by the 
  3.29  assessment, for longer than 90 days.  If an assessment is made 
  3.30  pursuant to this section, the commissioner may waive the 
  3.31  assessment required by section 169A.70. 
  3.32     Sec. 5.  Minnesota Statutes 2002, section 169A.70, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [CHEMICAL USE ASSESSMENT REQUIREMENT.] (a) As 
  3.35  used in this subdivision, "violent crime" has the meaning given 
  3.36  in section 609.133, subdivision 1.  
  4.1      (b) A chemical use assessment must be conducted and an 
  4.2   assessment report submitted to the court and to the department 
  4.3   of public safety by the county agency administering the alcohol 
  4.4   safety program when: 
  4.5      (1) the defendant is convicted of an offense described in 
  4.6   section 169A.20 (driving while impaired), 169A.31 
  4.7   (alcohol-related school bus and Head Start bus driving), or 
  4.8   360.0752 (impaired aircraft operation); ~~or~~ 
  4.9      (2) the defendant is arrested for committing an offense 
  4.10  described in clause (1) but is convicted of another offense 
  4.11  arising out of the circumstances surrounding the arrest; or 
  4.12     (3) the defendant is convicted of a violent crime. 
  4.13     Sec. 6.  Minnesota Statutes 2002, section 169A.70, 
  4.14  subdivision 3, is amended to read: 
  4.15     Subd. 3.  [ASSESSMENT REPORT.] (a) The assessment report 
  4.16  must be on a form prescribed by the commissioner and shall 
  4.17  contain an evaluation of the convicted defendant concerning the 
  4.18  defendant's prior traffic and criminal record, characteristics 
  4.19  and history of alcohol and chemical use problems, and 
  4.20  amenability to rehabilitation through the alcohol safety 
  4.21  program.  The report is classified as private data on 
  4.22  individuals as defined in section 13.02, subdivision 12. 
  4.23     (b) The assessment report must include: 
  4.24     (1) a diagnosis of the nature of the offender's chemical 
  4.25  and alcohol involvement; 
  4.26     (2) an assessment of the severity level of the involvement; 
  4.27     (3) a recommended level of care for the offender in 
  4.28  accordance with the criteria contained in rules adopted by the 
  4.29  commissioner of human services under section 254A.03, 
  4.30  subdivision 3 (chemical dependency treatment rules); 
  4.31     (4) an assessment of the offender's placement needs; 
  4.32     ~~(2)~~ (5) recommendations for other appropriate remedial 
  4.33  action or care, including aftercare services in section 254B.01, 
  4.34  subdivision 3, that may consist of educational programs, 
  4.35  one-on-one counseling, a program or type of treatment that 
  4.36  addresses mental health concerns, or a combination of them; 
  5.1   ~~or~~ and 
  5.2      ~~(3)~~ (6) a specific explanation why no level of care or 
  5.3   action was recommended, if applicable. 
  5.4      Sec. 7.  Minnesota Statutes 2002, section 169A.70, is 
  5.5   amended by adding a subdivision to read: 
  5.6      Subd. 6.  [METHOD OF ASSESSMENT.] (a) As used in this 
  5.7   subdivision, "collateral contact" means an oral or written 
  5.8   communication initiated by an assessor for the purpose of 
  5.9   gathering information from an individual or agency, other than 
  5.10  the offender, to verify or supplement information provided by 
  5.11  the offender during an assessment under this section.  The term 
  5.12  includes contacts with family members, criminal justice 
  5.13  agencies, educational institutions, and employers. 
  5.14     (b) An assessment conducted under this section must include 
  5.15  as least one personal interview with the offender designed to 
  5.16  make a determination about the extent of the offender's past and 
  5.17  present chemical and alcohol use or abuse.  It must also include 
  5.18  collateral contacts and a review of relevant records or reports 
  5.19  regarding the offender including, but not limited to, police 
  5.20  reports, arrest reports, driving records, chemical testing 
  5.21  records, and test refusal records.  If the offender has a 
  5.22  probation officer, the officer must be the subject of a 
  5.23  collateral contact, under this subdivision.  If an assessor is 
  5.24  unable to make collateral contacts, the assessor shall specify 
  5.25  why collateral contacts were not made. 
  5.26     Sec. 8.  Minnesota Statutes 2002, section 169A.70, is 
  5.27  amended by adding a subdivision to read: 
  5.28     Subd. 7.  [PRECONVICTION ASSESSMENT.] (a) The court may not 
  5.29  accept a chemical use assessment conducted before conviction as 
  5.30  a substitute for the assessment required by this section unless 
  5.31  the court ensures that the preconviction assessment meets the 
  5.32  standards described in this section. 
  5.33     (b) If the commissioner of public safety is making a 
  5.34  decision regarding reinstating a person's driver's license based 
  5.35  on a chemical use assessment, the commissioner shall ensure that 
  5.36  the assessment meets the standards described in this section. 
  6.1      Sec. 9.  Minnesota Statutes 2002, section 169A.70, is 
  6.2   amended by adding a subdivision to read: 
  6.3      Subd. 8.  [TIMING OF ASSESSMENT.] Chemical use assessments 
  6.4   conducted under this section must be completed at the earliest 
  6.5   time possible.  It is a strong preference that the interview 
  6.6   with the offender be conducted while the offender is being 
  6.7   initially held in custody after arrest. 
  6.8      Sec. 10.  Minnesota Statutes 2002, section 169A.70, is 
  6.9   amended by adding a subdivision to read: 
  6.10     Subd. 9.  [COURT'S AUTHORITY TO REQUIRE ASSESSMENTS IN 
  6.11  OTHER INSTANCES.] A court having jurisdiction over a person in a 
  6.12  juvenile, criminal, or civil proceeding may order that the 
  6.13  person submit to a chemical use assessment under this section if 
  6.14  the court has reason to believe that the person may have a 
  6.15  chemical dependency problem. 
  6.16     Sec. 11.  Minnesota Statutes 2002, section 254B.01, 
  6.17  subdivision 2, is amended to read: 
  6.18     Subd. 2.  [AMERICAN INDIAN.] For purposes of services 
  6.19  provided under ~~section 254B.09, subdivision 7~~ this chapter, 
  6.20  "American Indian" means (1) a person who is a member of an 
  6.21  Indian tribe, and the commissioner shall use the definitions of 
  6.22  "Indian" and "Indian tribe" and "Indian organization" provided 
  6.23  in Public Law ~~Number~~ 93-638~~.  For purposes of services provided~~ 
  6.24  ~~under section 254B.09, subdivision 4, "American Indian" means~~ or 
  6.25  (2) a resident of federally recognized tribal lands who is 
  6.26  recognized as an Indian person by the federally recognized 
  6.27  tribal governing body. 
  6.28     Sec. 12.  Minnesota Statutes 2002, section 254B.01, 
  6.29  subdivision 3, is amended to read: 
  6.30     Subd. 3.  [CHEMICAL DEPENDENCY SERVICES.] "Chemical 
  6.31  dependency services" means a planned program of care for the 
  6.32  treatment of chemical dependency or chemical abuse to minimize 
  6.33  or prevent further chemical abuse by the person, including, but 
  6.34  not limited to, aftercare services, case management, counseling, 
  6.35  employment or educational services, and sober housing.  
  6.36  Diagnostic, evaluation, prevention, referral, and detoxification 
  7.1   ~~, and aftercare services~~ that are not part of a program of care 
  7.2   licensable as a residential or nonresidential chemical 
  7.3   dependency treatment program are not chemical dependency 
  7.4   services for purposes of this section.  For pregnant and 
  7.5   postpartum women, chemical dependency services include halfway 
  7.6   house services~~, aftercare services,~~ and psychological services~~,~~ 
  7.7   ~~and case management~~. 
  7.8      Sec. 13.  Minnesota Statutes 2002, section 254B.02, 
  7.9   subdivision 1, is amended to read: 
  7.10     Subdivision 1.  [CHEMICAL DEPENDENCY TREATMENT ALLOCATION.] 
  7.11  The chemical dependency funds appropriated for allocation shall 
  7.12  be placed in a special revenue account.  The commissioner shall 
  7.13  annually transfer funds from the chemical dependency fund to pay 
  7.14  for operation of the drug and alcohol abuse normative evaluation 
  7.15  system and to pay for all costs incurred by adding two positions 
  7.16  for licensing of chemical dependency treatment and 
  7.17  rehabilitation programs located in hospitals for which funds are 
  7.18  not otherwise appropriated.  ~~For each year of the biennium~~ 
  7.19  ~~ending June 30, 1999, the commissioner shall allocate funds to~~ 
  7.20  ~~the American Indian chemical dependency tribal account for~~ 
  7.21  ~~treatment of American Indians by eligible vendors under section~~ 
  7.22  ~~254B.05, equal to the amount allocated in fiscal year 1997.  The~~ 
  7.23  ~~commissioner shall annually divide the money available in the~~ 
  7.24  ~~chemical dependency fund that is not held in reserve by counties~~ 
  7.25  ~~from a previous allocation, or allocated to the American Indian~~ 
  7.26  ~~chemical dependency tribal account.  Six percent of the~~ 
  7.27  ~~remaining money must be reserved for the nonreservation American~~ 
  7.28  ~~Indian chemical dependency allocation for treatment of American~~ 
  7.29  ~~Indians by eligible vendors under section 254B.05, subdivision~~ 
  7.30  ~~1.  The remainder of the money must be allocated among the~~ 
  7.31  ~~counties according to the following formula, using state~~ 
  7.32  ~~demographer data and other data sources determined by the~~ 
  7.33  ~~commissioner:~~ 
  7.34     ~~(a) For purposes of this formula, American Indians and~~ 
  7.35  ~~children under age 14 are subtracted from the population of each~~ 
  7.36  ~~county to determine the restricted population.~~ 
  8.1      ~~(b) The amount of chemical dependency fund expenditures for~~ 
  8.2   ~~entitled persons for services not covered by prepaid plans~~ 
  8.3   ~~governed by section 256B.69 in the previous year is divided by~~ 
  8.4   ~~the amount of chemical dependency fund expenditures for entitled~~ 
  8.5   ~~persons for all services to determine the proportion of exempt~~ 
  8.6   ~~service expenditures for each county.~~ 
  8.7      ~~(c) The prepaid plan months of eligibility is multiplied by~~ 
  8.8   ~~the proportion of exempt service expenditures to determine the~~ 
  8.9   ~~adjusted prepaid plan months of eligibility for each county.~~ 
  8.10     ~~(d) The adjusted prepaid plan months of eligibility is~~ 
  8.11  ~~added to the number of restricted population fee for service~~ 
  8.12  ~~months of eligibility for the Minnesota family investment~~ 
  8.13  ~~program, general assistance, and medical assistance and divided~~ 
  8.14  ~~by the county restricted population to determine county per~~ 
  8.15  ~~capita months of covered service eligibility.~~ 
  8.16     ~~(e) The number of adjusted prepaid plan months of~~ 
  8.17  ~~eligibility for the state is added to the number of fee for~~ 
  8.18  ~~service months of eligibility for the Minnesota family~~ 
  8.19  ~~investment program, general assistance, and medical assistance~~ 
  8.20  ~~for the state restricted population and divided by the state~~ 
  8.21  ~~restricted population to determine state per capita months of~~ 
  8.22  ~~covered service eligibility.~~ 
  8.23     ~~(f) The county per capita months of covered service~~ 
  8.24  ~~eligibility is divided by the state per capita months of covered~~ 
  8.25  ~~service eligibility to determine the county welfare caseload~~ 
  8.26  ~~factor.~~ 
  8.27     ~~(g) The median married couple income for the most recent~~ 
  8.28  ~~three-year period available for the state is divided by the~~ 
  8.29  ~~median married couple income for the same period for each county~~ 
  8.30  ~~to determine the income factor for each county.~~ 
  8.31     ~~(h) The county restricted population is multiplied by the~~ 
  8.32  ~~sum of the county welfare caseload factor and the county income~~ 
  8.33  ~~factor to determine the adjusted population.~~ 
  8.34     ~~(i) $15,000 shall be allocated to each county.~~  
  8.35     ~~(j) The remaining funds shall be allocated proportional to~~ 
  8.36  ~~the county adjusted population.~~ 
  9.1      Sec. 14.  Minnesota Statutes 2002, section 254B.03, 
  9.2   subdivision 1, is amended to read: 
  9.3      Subdivision 1.  [LOCAL AGENCY DUTIES.] (a) Every local 
  9.4   agency shall provide chemical dependency services to persons 
  9.5   residing within its jurisdiction who meet criteria established 
  9.6   by the commissioner for placement in a chemical dependency 
  9.7   residential or nonresidential treatment service.  Chemical 
  9.8   dependency money must be administered by the local agencies 
  9.9   according to law and rules adopted by the commissioner under 
  9.10  sections 14.001 to 14.69. 
  9.11     (b) In order to contain costs, the county board shall, with 
  9.12  the approval of the commissioner of human services, select 
  9.13  eligible vendors of chemical dependency services who can provide 
  9.14  economical and appropriate treatment.  Unless the local agency 
  9.15  is a social services department directly administered by a 
  9.16  county or human services board, the local agency shall not be an 
  9.17  eligible vendor under section 254B.05.  The commissioner may 
  9.18  approve proposals from county boards to provide services in an 
  9.19  economical manner or to control utilization, with safeguards to 
  9.20  ensure that necessary services are provided.  If a county 
  9.21  implements a demonstration or experimental medical services 
  9.22  funding plan, the commissioner shall transfer the money as 
  9.23  appropriate.  If a county selects a vendor located in another 
  9.24  state, the county shall ensure that the vendor is in compliance 
  9.25  with the rules governing licensure of programs located in the 
  9.26  state. 
  9.27     (c) ~~The calendar year 2002 rate for vendors may not~~ 
  9.28  ~~increase more than three percent above the rate approved in~~ 
  9.29  ~~effect on January 1, 2001.  The calendar year 2003 rate for~~ 
  9.30  ~~vendors may not increase more than three percent above the rate~~ 
  9.31  ~~in effect on January 1, 2002.  The calendar years 2004 and 2005~~ 
  9.32  ~~rates may not exceed the rate in effect on January 1, 2003.~~ 
  9.33     ~~(d)~~ A culturally specific vendor that provides assessments 
  9.34  under a variance under Minnesota Rules, part 9530.6610, shall be 
  9.35  allowed to provide assessment services to persons not covered by 
  9.36  the variance. 
 10.1      Sec. 15.  Minnesota Statutes 2002, section 254B.03, 
 10.2   subdivision 4, is amended to read: 
 10.3      Subd. 4.  [DIVISION OF COSTS.] Except for services provided 
 10.4   by a county under section 254B.09, subdivision 1, or services 
 10.5   provided under section 256B.69 or 256D.03, subdivision 4, 
 10.6   paragraph (b), the county shall, out of local money, pay the 
 10.7   state for ~~15~~ five percent of the cost of chemical dependency 
 10.8   services, including those services provided to persons eligible 
 10.9   for medical assistance under chapter 256B and general assistance 
 10.10  medical care under chapter 256D.  Counties may use the indigent 
 10.11  hospitalization levy for treatment and hospital payments made 
 10.12  under this section.  ~~Fifteen~~ Five percent of any state 
 10.13  collections from private or third-party pay, less ~~15~~ five 
 10.14  percent of the cost of payment and collections, must be 
 10.15  distributed to the county that paid for a portion of the 
 10.16  treatment under this section.  ~~If all funds allocated according~~ 
 10.17  ~~to section 254B.02 are exhausted by a county and the county has~~ 
 10.18  ~~met or exceeded the base level of expenditures under section~~ 
 10.19  ~~254B.02, subdivision 3, the county shall pay the state for 15~~ 
 10.20  ~~percent of the costs paid by the state under this section.  The~~ 
 10.21  ~~commissioner may refuse to pay state funds for services to~~ 
 10.22  ~~persons not eligible under section 254B.04, subdivision 1, if~~ 
 10.23  ~~the county financially responsible for the persons has exhausted~~ 
 10.24  ~~its allocation.~~ 
 10.25     Sec. 16.  Minnesota Statutes 2002, section 254B.04, 
 10.26  subdivision 1, is amended to read: 
 10.27     Subdivision 1.  [ELIGIBILITY.] (a) Persons eligible for 
 10.28  benefits under Code of Federal Regulations, title 25, part 20, 
 10.29  persons eligible for medical assistance benefits under sections 
 10.30  256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6, 
 10.31  or who meet the income standards of section 256B.056, 
 10.32  subdivision 4, and persons eligible for general assistance 
 10.33  medical care under section 256D.03, subdivision 3, are entitled 
 10.34  to chemical dependency fund services.  ~~State money appropriated~~ 
 10.35  ~~for this paragraph must be placed in a separate account~~ 
 10.36  ~~established for this purpose.~~  
 11.1      Persons with dependent children who are determined to be in 
 11.2   need of chemical dependency treatment pursuant to an assessment 
 11.3   under section 626.556, subdivision 10, or a case plan under 
 11.4   section 260C.201, subdivision 6, or 260C.212, shall be assisted 
 11.5   by the local agency to access needed treatment services.  
 11.6   Treatment services must be appropriate for the individual or 
 11.7   family, which may include long-term care treatment or treatment 
 11.8   in a facility that allows the dependent children to stay in the 
 11.9   treatment facility.  The county shall pay for out-of-home 
 11.10  placement costs, if applicable. 
 11.11     (b) A person not entitled to services under paragraph (a)~~,~~ 
 11.12  ~~but with family income that is less than 215 percent of the~~ 
 11.13  ~~federal poverty guidelines for the applicable family size, shall~~ 
 11.14  ~~be eligible to receive chemical dependency fund services within~~ 
 11.15  ~~the limit of funds appropriated for this group for the fiscal~~ 
 11.16  ~~year.  If notified by the state agency of limited funds, a~~ 
 11.17  ~~county must give preferential treatment to persons with~~ 
 11.18  ~~dependent children who are in need of chemical dependency~~ 
 11.19  ~~treatment pursuant to an assessment under section 626.556,~~ 
 11.20  ~~subdivision 10, or a case plan under section 260C.201,~~ 
 11.21  ~~subdivision 6, or 260C.212.  A county may spend money from its~~ 
 11.22  ~~own sources to serve persons under this paragraph.  State money~~ 
 11.23  ~~appropriated for this paragraph must be placed in a separate~~ 
 11.24  ~~account established for this purpose.~~ 
 11.25     ~~(c) Persons whose income is between 215 percent and 412~~ 
 11.26  ~~percent of the federal poverty guidelines for the applicable~~ 
 11.27  ~~family size~~ shall be eligible for chemical dependency services 
 11.28  on a sliding fee basis~~, within the limit of funds appropriated~~ 
 11.29  ~~for this group for the fiscal year~~.  Persons eligible under this 
 11.30  paragraph must contribute to the cost of services according to 
 11.31  the sliding fee scale established under subdivision 3.  ~~A county~~ 
 11.32  ~~may spend money from its own sources to provide services to~~ 
 11.33  ~~persons under this paragraph.  State money appropriated for this~~ 
 11.34  ~~paragraph must be placed in a separate account established for~~ 
 11.35  ~~this purpose.~~ 
 11.36     Sec. 17.  Minnesota Statutes 2002, section 254B.04, 
 12.1   subdivision 3, is amended to read: 
 12.2      Subd. 3.  [AMOUNT OF CONTRIBUTION.] The commissioner shall 
 12.3   adopt a sliding fee scale to determine the amount of 
 12.4   contribution to be required from persons under this section.  
 12.5   The commissioner may adopt rules to amend existing fee scales.  
 12.6   The commissioner may establish a separate fee scale for 
 12.7   recipients of chemical dependency transitional and extended care 
 12.8   rehabilitation services that provides for the collection of fees 
 12.9   for board and lodging expenses.  The fee schedule shall ensure 
 12.10  that employed persons are allowed the income disregards and 
 12.11  savings accounts that are allowed residents of community mental 
 12.12  illness facilities under section 256D.06, subdivisions 1 and 
 12.13  1b.  ~~The fee scale must not provide assistance to persons whose~~ 
 12.14  ~~income is more than 115 percent of the state median income.~~  
 12.15  Payments of liabilities under this section are medical expenses 
 12.16  for purposes of determining spenddown under sections 256B.055, 
 12.17  256B.056, 256B.06, and 256D.01 to 256D.21.  The required amount 
 12.18  of contribution established by the fee scale in this subdivision 
 12.19  is also the cost of care responsibility subject to collection 
 12.20  under section 254B.06, subdivision 1. 
 12.21     Sec. 18.  Minnesota Statutes 2002, section 254B.06, 
 12.22  subdivision 1, is amended to read: 
 12.23     Subdivision 1.  [STATE COLLECTIONS.] The commissioner is 
 12.24  responsible for all collections from persons determined to be 
 12.25  partially responsible for the cost of care of an eligible person 
 12.26  receiving services under ~~Laws 1986, chapter 394, sections 8 to~~ 
 12.27  ~~20~~ this chapter.  The commissioner may initiate, or request the 
 12.28  attorney general to initiate, necessary civil action to recover 
 12.29  the unpaid cost of care.  The commissioner may collect all 
 12.30  third-party payments for chemical dependency services provided 
 12.31  under ~~Laws 1986, chapter 394, sections 8 to 20~~ this chapter, 
 12.32  including private insurance and federal Medicaid and Medicare 
 12.33  financial participation.  The commissioner shall deposit in a 
 12.34  dedicated account a percentage of collections to pay for the 
 12.35  cost of operating the chemical dependency consolidated treatment 
 12.36  fund invoice processing and vendor payment system, billing, and 
 13.1   collections.  The remaining receipts must be deposited in the 
 13.2   chemical dependency fund. 
 13.3      Sec. 19.  Minnesota Statutes 2002, section 254B.06, 
 13.4   subdivision 2, is amended to read: 
 13.5      Subd. 2.  [ALLOCATION OF COLLECTIONS.] The commissioner 
 13.6   shall allocate all federal financial participation collections 
 13.7   to the ~~reserve~~ chemical dependency fund under section 254B.02, 
 13.8   subdivision ~~3~~ 1.  The commissioner shall retain ~~85~~ 95 percent of 
 13.9   patient payments and third-party payments and allocate the 
 13.10  collections to the treatment allocation for the county that is 
 13.11  financially responsible for the person.  ~~Fifteen~~ Five percent of 
 13.12  patient and third-party payments must be paid to the county 
 13.13  financially responsible for the patient.  Collections for 
 13.14  patient payment and third-party payment for services provided 
 13.15  under section 254B.09 shall be allocated to the allocation of 
 13.16  the tribal unit which placed the person.  Collections of federal 
 13.17  financial participation for services provided under section 
 13.18  254B.09 shall be allocated to the ~~tribal reserve account~~ 
 13.19  chemical dependency fund under section ~~254B.09~~ 254B.02, 
 13.20  subdivision ~~5~~ 1. 
 13.21     Sec. 20.  Minnesota Statutes 2002, section 297G.03, 
 13.22  subdivision 1, is amended to read: 
 13.23     Subdivision 1.  [GENERAL RATE; DISTILLED SPIRITS AND WINE.] 
 13.24  The following excise tax is imposed on all distilled spirits and 
 13.25  wine manufactured, imported, sold, or possessed in this state: 
 13.26                                  Standard             Metric
 13.27  (a) Distilled spirits,      ~~$5.03~~ $17.69       ~~$1.33~~ $4.73 
 13.28  liqueurs, cordials,         per gallon         per liter 
 13.29  and specialties regardless 
 13.30  of alcohol content 
 13.31  (excluding ethyl alcohol) 
 13.32  (b) Wine containing         ~~$ .30~~ $2.40        ~~$ .08~~ $ .64   
 13.33  14 percent or less          per gallon         per liter 
 13.34  alcohol by volume 
 13.35  (except cider as defined 
 13.36  in section 297G.01, 
 14.1   subdivision 3a) 
 14.2   (c) Wine containing         ~~$ .95~~ $3.01        ~~$ .25~~ $ .81  
 14.3   more than 14 percent        per gallon         per liter 
 14.4   but not more than 21
 14.5   percent alcohol by volume 
 14.6   (d) Wine containing more    ~~$1.82~~ $3.88        ~~$ .48~~ $1.04  
 14.7   than 21 percent but not     per gallon         per liter 
 14.8   more than 24 percent
 14.9   alcohol by volume 
 14.10  (e) Wine containing more    ~~$3.52~~ $5.56        ~~$ .93~~ $1.49  
 14.11  than 24 percent alcohol     per gallon         per liter 
 14.12  by volume
 14.13  (f) Natural and             ~~$1.82~~ $3.88        ~~$ .48~~ $1.04  
 14.14  artificial sparkling wines  per gallon         per liter
 14.15  containing alcohol 
 14.16  (g) Cider as defined in     ~~$ .15~~ $2.25        ~~$ .04~~ $ .60 
 14.17  section 297G.01,            per gallon         per liter 
 14.18  subdivision 3a
 14.19     In computing the tax on a package of distilled spirits or 
 14.20  wine, a proportional tax at a like rate on all fractional parts 
 14.21  of a gallon or liter must be paid, except that the tax on a 
 14.22  fractional part of a gallon less than 1/16 of a gallon is the 
 14.23  same as for 1/16 of a gallon. 
 14.24     Sec. 21.  Minnesota Statutes 2002, section 297G.03, 
 14.25  subdivision 2, is amended to read: 
 14.26     Subd. 2.  [TAX ON MINIATURES; DISTILLED SPIRITS.] The tax 
 14.27  on miniatures is ~~14~~ 24 cents per bottle. 
 14.28     Sec. 22.  Minnesota Statutes 2002, section 297G.04, 
 14.29  subdivision 1, is amended to read: 
 14.30     Subdivision 1.  [TAX IMPOSED.] The following excise tax is 
 14.31  imposed on all fermented malt beverages that are imported, 
 14.32  directly or indirectly sold, or possessed in this state: 
 14.33     (1) on fermented malt beverages containing not more than 
 14.34  3.2 percent alcohol by weight, ~~$2.40~~ $35.32 per 31-gallon 
 14.35  barrel; and 
 14.36     (2) on fermented malt beverages containing more than 3.2 
 15.1   percent alcohol by weight, ~~$4.60~~ $37.52 per 31-gallon barrel. 
 15.2      For fractions of a 31-gallon barrel, the tax rate is 
 15.3   calculated proportionally. 
 15.4      Sec. 23.  Minnesota Statutes 2002, section 297G.04, 
 15.5   subdivision 2, is amended to read: 
 15.6      Subd. 2.  [TAX CREDIT.] A qualified brewer producing 
 15.7   fermented malt beverages is entitled to a tax credit 
 15.8   of ~~$4.60~~ $37.52 per barrel on 25,000 barrels sold in any fiscal 
 15.9   year beginning July 1, regardless of the alcohol content of the 
 15.10  product.  Qualified brewers may take the credit on the 18th day 
 15.11  of each month, but the total credit allowed may not exceed in 
 15.12  any fiscal year the lesser of: 
 15.13     (1) the liability for tax; or 
 15.14     (2) $115,000. 
 15.15     For purposes of this subdivision, a "qualified brewer" 
 15.16  means a brewer, whether or not located in this state, 
 15.17  manufacturing less than 100,000 barrels of fermented malt 
 15.18  beverages in the calendar year immediately preceding the 
 15.19  calendar year for which the credit under this subdivision is 
 15.20  claimed.  In determining the number of barrels, all brands or 
 15.21  labels of a brewer must be combined.  All facilities for the 
 15.22  manufacture of fermented malt beverages owned or controlled by 
 15.23  the same person, corporation, or other entity must be treated as 
 15.24  a single brewer. 
 15.25     Sec. 24.  Minnesota Statutes 2002, section 299A.62, 
 15.26  subdivision 1, is amended to read: 
 15.27     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) A 
 15.28  community-oriented policing grant program is established under 
 15.29  the administration of the commissioner of public safety. 
 15.30     (b) Grants may be awarded as provided in subdivision 2 for 
 15.31  the following purposes:  
 15.32     (1) to enable local law enforcement agencies to hire law 
 15.33  enforcement officers.  The grants must be used by law 
 15.34  enforcement agencies to increase the complement of officers in 
 15.35  the agency by paying the salaries of new officers who replace an 
 15.36  existing officer who has been reassigned primarily to 
 16.1   investigate and prevent impaired driving crimes, domestic 
 16.2   violence crimes, or juvenile crime or to perform 
 16.3   community-oriented policing duties; 
 16.4      (2) to enable local law enforcement agencies to assign 
 16.5   overtime officers to high crime areas within their 
 16.6   jurisdictions; and 
 16.7      (3) to enable local law enforcement agencies to implement 
 16.8   or expand community-oriented policing projects, liaison efforts 
 16.9   with local school districts, and other innovative community 
 16.10  policing initiatives. 
 16.11     (c) Grants under paragraph (b), clause (3), for community 
 16.12  policing activities must be provided for areas with high crime 
 16.13  rates and gang, drug, or prostitution activity, for programs 
 16.14  that: 
 16.15     (1) include education and training for both peace officers 
 16.16  and the community on community policing initiatives; 
 16.17     (2) assign designated peace officers for a period of at 
 16.18  least one year to work exclusively in the area where the 
 16.19  enhanced community policing efforts will take place; and 
 16.20     (3) include regular community meetings with the designated 
 16.21  peace officers, prosecuting authorities, judges with 
 16.22  jurisdiction in the area, and community members to further law 
 16.23  enforcement outreach efforts. 
 16.24     Sec. 25.  Minnesota Statutes 2002, section 299A.62, 
 16.25  subdivision 2, is amended to read: 
 16.26     Subd. 2.  [AWARDING GRANT.] (a) Grants under this section 
 16.27  ~~shall~~ must be awarded by the commissioner of public safety.  
 16.28  Before any grants are awarded, a committee consisting of the 
 16.29  attorney general, and representatives from the Minnesota chiefs 
 16.30  of police association, the Minnesota sheriffs association, and 
 16.31  the Minnesota police and peace officers association, shall 
 16.32  evaluate the grant applications.  Before grants are awarded, the 
 16.33  commissioner shall meet and consult with the committee 
 16.34  concerning its evaluation of and recommendations on grant 
 16.35  proposals.  
 16.36     (b) A grant under subdivision 1, paragraph (b), clause (1), 
 17.1   may be awarded only to a law enforcement agency that 
 17.2   demonstrates in its application that it currently has a need for 
 17.3   an additional officer to be assigned to: 
 17.4      (1) community-oriented policing duties; ~~or~~ 
 17.5      (2) the investigation and prevention of juvenile crime, 
 17.6   based on the juvenile crime rate in the area over which the 
 17.7   agency has jurisdiction; 
 17.8      (3) the investigation and prevention of impaired driving 
 17.9   crimes; or 
 17.10     (4) the investigation and prevention of domestic violence 
 17.11  crimes. 
 17.12     (c) More than one grant under subdivision 1, paragraph (b), 
 17.13  clause (1), may be awarded to an agency; however, each grant may 
 17.14  fund only one position.  At least 50 percent of the grants 
 17.15  awarded under subdivision 1, paragraph (b), clause (1), must be 
 17.16  awarded to the cities of Minneapolis and St. Paul.  
 17.17     Sec. 26.  [373.50] [REQUIREMENT TO PROVIDE CHEMICAL 
 17.18  DEPENDENCY TREATMENT.] 
 17.19     Each county shall provide comprehensive, needs-specific 
 17.20  chemical dependency treatment programs and services to 
 17.21  individuals within the county's criminal justice system.  The 
 17.22  programs and services must take into account the fact that the 
 17.23  person has committed a criminal offense and other issues 
 17.24  including the individual's gender, ethnic, cultural, and mental 
 17.25  health needs.  If the county does not offer a specific program 
 17.26  or service appropriate for an individual, the county shall 
 17.27  ensure that the individual is offered the program or service 
 17.28  elsewhere. 
 17.29     Sec. 27.  Minnesota Statutes 2002, section 609.115, 
 17.30  subdivision 8, is amended to read: 
 17.31     Subd. 8.  [CHEMICAL USE ASSESSMENT REQUIRED.] (a) If a 
 17.32  person is convicted of a felony, the probation officer shall 
 17.33  determine in the report prepared under subdivision 1 whether or 
 17.34  not alcohol or drug use was a contributing factor to the 
 17.35  commission of the offense.  If so, the report shall contain the 
 17.36  results of a chemical use assessment conducted in accordance 
 18.1   with this subdivision.  The probation officer shall make an 
 18.2   appointment for the defendant to undergo the chemical use 
 18.3   assessment if so indicated.  If the person is convicted of a 
 18.4   violent crime as defined in section 609.133, subdivision 1, the 
 18.5   provisions of that section apply.  
 18.6      (b) The chemical use assessment report must include a 
 18.7   recommended level of care for the defendant in accordance with 
 18.8   the criteria contained in rules adopted by the commissioner of 
 18.9   human services under section 254A.03, subdivision 3.  The 
 18.10  assessment must be conducted by an assessor qualified under 
 18.11  rules adopted by the commissioner of human services under 
 18.12  section 254A.03, subdivision 3.  An assessor providing a 
 18.13  chemical use assessment may not have any direct or shared 
 18.14  financial interest or referral relationship resulting in shared 
 18.15  financial gain with a treatment provider.  If an independent 
 18.16  assessor is not available, the probation officer may use the 
 18.17  services of an assessor authorized to perform assessments for 
 18.18  the county social services agency under a variance granted under 
 18.19  rules adopted by the commissioner of human services under 
 18.20  section 254A.03, subdivision 3. 
 18.21     (c) A chemical use assessment and report conducted under 
 18.22  this subdivision must meet the standards described in section 
 18.23  169A.70. 
 18.24     Sec. 28.  [609.133] [CHEMICAL DEPENDENCY TREATMENT; 
 18.25  ASSESSMENT CHARGE.] 
 18.26     Subdivision 1.  [DEFINITION.] As used in this section, 
 18.27  "violent crime" has the meaning given in section 609.1095, 
 18.28  subdivision 1.  The term also includes violations of sections 
 18.29  609.2231, 609.224, and 609.2242. 
 18.30     Subd. 2.  [ASSESSMENT CONDUCTED.] The court shall ensure 
 18.31  that a chemical use assessment is conducted on a person 
 18.32  convicted of a violent crime as required in section 169A.70, 
 18.33  subdivision 2. 
 18.34     Subd. 3.  [CHARGE.] (a) When a court sentences a person 
 18.35  convicted of a violent crime, it shall impose a chemical 
 18.36  dependency assessment charge of $125.  The court may not waive 
 19.1   payment or authorize payment of the assessment charge in 
 19.2   installments unless it makes written findings on the record that 
 19.3   the convicted person is indigent or that the assessment charge 
 19.4   would create undue hardship for the convicted person or that 
 19.5   person's immediate family. 
 19.6      (b) The county shall collect and forward to the 
 19.7   commissioner of finance $25 of the chemical dependency 
 19.8   assessment charge within 60 days after sentencing or explain to 
 19.9   the commissioner in writing why the money was not forwarded 
 19.10  within this time period.  The commissioner shall credit the 
 19.11  money to the general fund.  The county shall collect and keep 
 19.12  $100 of the chemical dependency assessment charge. 
 19.13     (c) The chemical dependency assessment charge required 
 19.14  under this section is in addition to the surcharge required by 
 19.15  section 357.021, subdivision 6. 
 19.16     Sec. 29.  Minnesota Statutes 2002, section 609.135, is 
 19.17  amended by adding a subdivision to read: 
 19.18     Subd. 9.  [CERTAIN PERSONS TO RECEIVE MANDATORY CHEMICAL 
 19.19  DEPENDENCY TREATMENT.] If a court stays the imposition or 
 19.20  execution of sentence for a person convicted of a violent crime 
 19.21  as defined in section 609.133, subdivision 1, as a condition of 
 19.22  probation and in addition to any other conditions imposed, the 
 19.23  court shall order the person to submit to the level of care 
 19.24  recommended in the chemical use assessment described in section 
 19.25  169A.70. 
 19.26     Sec. 30.  [JUDICIAL TRAINING.] 
 19.27     The supreme court shall include in its judicial education 
 19.28  program training relating to a judge's powers and duties 
 19.29  regarding chemical use assessments. 
 19.30     Sec. 31.  [APPROPRIATIONS.] 
 19.31     (a) $....... for the fiscal year ending June 30, 2004, and 
 19.32  $....... for the fiscal year ending June 30, 2005, are 
 19.33  appropriated from the general fund to the commissioner of public 
 19.34  safety.  Of this amount: 
 19.35     (1) $....... the first year and $....... the second year 
 19.36  are to increase the complement of state troopers assigned to 
 20.1   enforcing laws on driving while impaired; 
 20.2      (2) $....... the first year and $....... the second year 
 20.3   are for grants under Minnesota Statutes, section 299A.62, 
 20.4   subdivision 1, paragraph (b), clause (1), to hire law 
 20.5   enforcement officers to increase law enforcement efforts 
 20.6   targeting crimes for driving while impaired; 
 20.7      (3) $....... the first year and $....... the second year 
 20.8   are for grants to local units of government to conduct 
 20.9   compliance checks for on-sale and off-sale intoxicating liquor 
 20.10  license holders to determine whether the license holder is 
 20.11  complying with Minnesota Statutes, section 340A.503; 
 20.12     (4) $....... the first year and $....... the second year 
 20.13  are for community policing grants under Minnesota Statutes, 
 20.14  section 299A.62, subdivision 1, paragraph (b), clause (3); and 
 20.15     (5) $....... the first year and $....... the second year 
 20.16  are for grants to prevent domestic violence and to provide 
 20.17  services to victims of domestic violence. 
 20.18  The commissioner shall develop criteria for awarding grants 
 20.19  under clause (3).  Notwithstanding Minnesota Statutes, section 
 20.20  299A.62, subdivision 2, more than 50 percent of the grants 
 20.21  described in clause (2) may be made to government entities other 
 20.22  than Minneapolis and St. Paul.  By September 30, 2004, each law 
 20.23  enforcement agency receiving a grant under clause (4) shall 
 20.24  provide a written report to the commissioner of public safety 
 20.25  describing how the grant was used and evaluating the 
 20.26  effectiveness of the enhanced community policing provided under 
 20.27  this grant.  By December 15, 2004, the commissioner of public 
 20.28  safety shall report to the chairs and ranking minority leaders 
 20.29  of the house and senate committees with jurisdiction over 
 20.30  criminal justice policy and funding on distribution of grants 
 20.31  under clause (4).  This report also shall summarize the 
 20.32  information provided to the commissioner by the law enforcement 
 20.33  agencies receiving grants.  
 20.34     (b) $....... for the fiscal year ending June 30, 2004, and 
 20.35  $....... for the fiscal year ending June 30, 2005, are 
 20.36  appropriated from the general fund to the commissioner of 
 21.1   corrections.  Of this amount:  
 21.2      (1) $....... the first year and $....... the second year 
 21.3   are for grants under Minnesota Statutes, section 241.022, 
 21.4   subdivisions 1 and 2, for costs associated with incarcerating 
 21.5   impaired driving offenders and providing programming for these 
 21.6   offenders; 
 21.7      (2) $....... the first year and $....... the second year 
 21.8   are for the department's costs associated with incarcerating 
 21.9   felony impaired driving offenders and providing programs for 
 21.10  these offenders; 
 21.11     (3) $....... the first year and $....... the second year 
 21.12  are for grants to counties to establish and operate intensive 
 21.13  probation programs for repeat impaired driving offenders under 
 21.14  Minnesota Statutes, section 169A.74; and 
 21.15     (4) $....... the first year and $....... the second year 
 21.16  are: 
 21.17     (i) for increased chemical dependency treatment programs at 
 21.18  state prisons; and 
 21.19     (ii) to provide appropriate chemical dependency treatment, 
 21.20  including aftercare services in Minnesota Statutes, section 
 21.21  254B.01, subdivision 3, for offenders on supervised release. 
 21.22  The commissioner shall cooperate with the commissioners of 
 21.23  public safety and human services as required in Minnesota 
 21.24  Statutes, section 169A.74, subdivision 1, when making the grants 
 21.25  described in clause (3).  
 21.26     (c) $....... for the fiscal year ending June 30, 2004, and 
 21.27  $....... for the fiscal year ending June 30, 2005, are 
 21.28  appropriated from the general fund to the commissioner of human 
 21.29  services for the purpose of fully funding Minnesota Statutes, 
 21.30  section 254B.04, subdivision 1.  This appropriation must become 
 21.31  part of the base appropriation for this program. 
 21.32     (d) $....... for the fiscal year ending June 30, 2004, and 
 21.33  $....... for the fiscal year ending June 30, 2005, are 
 21.34  appropriated from the general fund to the chief justice of the 
 21.35  supreme court.  Of this amount: 
 21.36     (1) $....... the first year and $....... the second year 
 22.1   are for the increased training described in section 30; and 
 22.2      (2) $....... the first year and $....... the second year 
 22.3   are for grants to counties for court services and correctional 
 22.4   costs related to conducting chemical use assessments. 
 22.5      (e) $....... for the fiscal year ending June 30, 2004, and 
 22.6   $....... for the fiscal year ending June 30, 2005, are 
 22.7   appropriated from the general fund to the commissioner of health 
 22.8   for education and prevention initiatives designed to eliminate 
 22.9   underage drinking. 
 22.10     Sec. 32.  [REPEALER.] 
 22.11     Minnesota Statutes 2002, sections 254B.02, subdivisions 2, 
 22.12  3, and 4; and 254B.09, subdivisions 4, 5, and 7, are repealed. 
 22.13     Sec. 33.  [EFFECTIVE DATE.] 
 22.14     Sections 2 to 10 and 27 to 29 are effective August 1, 2003, 
 22.15  and apply to crimes committed on or after that date.  Sections 
 22.16  20 to 23 are effective for taxes imposed after June 30, 2003.