Bill Text: MN SF1315 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Driving while impaired (DWI) and chemical dependency prevention initiatives and appropriations; alcoholic beverages tax increase
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-04-27 - Referred to Judiciary and Public Safety [SF1315 Detail]
Download: Minnesota-2011-SF1315-Introduced.html
1.2relating to crime prevention; providing for an aggressive initiative against
1.3chemical dependency; increasing the tax on alcoholic beverages to fund this
1.4initiative; eliminating obsolete language and making technical corrections;
1.5appropriating money;amending Minnesota Statutes 2010, sections 169A.275,
1.6subdivision 5; 169A.284, subdivision 1; 169A.54, subdivision 11; 169A.70,
1.7subdivisions 2, 3, 7, by adding subdivisions; 254B.01, subdivision 2; 254B.02,
1.8subdivision 1; 254B.04, subdivisions 1, 3; 254B.06, subdivision 1; 297G.03,
1.9subdivisions 1, 2; 297G.04, subdivisions 1, 2; 609.115, subdivision 8; 609.135,
1.10by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.11chapters 254A; 373; 609; repealing Minnesota Statutes 2010, section 254B.03,
1.12subdivision 4.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. LEGISLATIVE FINDINGS AND INTENT.
1.15 The legislature finds that:
1.16 (1) impaired driving offenses kill and injure more Minnesotans than any other
1.17crime; and
1.18 (2) alcohol and drug abuse contribute to domestic violence and destroy families.
1.19The legislature considers the need to address the problem of alcohol abuse to be a high
1.20priority. Furthermore, the legislature determines that the costs of fighting alcohol abuse
1.21should be funded by those who abuse alcohol. Consequently, the legislature is increasing
1.22the tax on the sale of alcohol to fund aggressive efforts to reduce impaired driving
1.23offenses and generally prevent crime, injury, and loss of life through chemical dependency
1.24prevention, screening, and treatment.
1.25 Sec. 2. Minnesota Statutes 2010, section 169A.275, subdivision 5, is amended to read:
2.1 Subd. 5. Level of care recommended in chemical use assessment. Unless the
2.2court commits the person to the custody of the commissioner of corrections as provided in
2.3section169A.276 (mandatory penalties; felony violations), in addition to other penalties
2.4required under this section, if the person has not already done so, the court shall order
2.5a person to submit tothe level of care recommended in the chemical use assessment
2.6treatment services clinically justified by Minnesota Rules, parts 9530.6600 through
2.79530.6655, and conducted under section169A.70 (alcohol safety program; chemical use
2.8assessments) if the person: (1) is convicted of violating section169A.20 (driving while
2.9impaired)while having an alcohol concentration of 0.20 or more as measured at the time,
2.10or within two hours of the time, of the offense or if the violation occurs within ten years
2.11of one or more qualified prior impaired driving incidents; or (2) is arrested for violating
2.12section 169A.20, but is convicted of another offense arising out of the circumstances
2.13surrounding the arrest.
2.14 Sec. 3. Minnesota Statutes 2010, section 169A.284, subdivision 1, is amended to read:
2.15 Subdivision 1. When required. (a) When a court sentences a person convicted of
2.16an offense enumerated in section169A.70, subdivision 2, paragraph (b), clause (1) or
2.17(2), (chemical use assessment; requirement; form), it shall order the person to pay the
2.18cost of the assessment directly to the entity conducting the assessment or providing the
2.19assessment services in an amount determined by the entity conducting or providing the
2.20service and shall impose a chemical dependency assessment charge of $25. The court may
2.21waive the $25 assessment charge, but may not waive the cost for the assessment paid
2.22directly to the entity conducting the assessment or providing assessment services. A
2.23person shall pay an additional surcharge of $5 if the person is convicted of a violation of
2.24section169A.20 (driving while impaired) within five years of a prior impaired driving
2.25conviction or a prior conviction for an offense arising out of an arrest for a violation of
2.26section169A.20 or Minnesota Statutes 1998, section
169.121 (driver under influence of
2.27alcohol or controlled substance) or169.129 (aggravated DWI-related violations; penalty).
2.28This section applies when the sentence is executed, stayed, or suspended. The court
2.29may not waive payment or authorize payment of the assessment charge and surcharge in
2.30installments unless it makes written findings on the record that the convicted person is
2.31indigent or that the assessment charge and surcharge would create undue hardship for the
2.32convicted person or that person's immediate family.
2.33(b) The chemical dependency assessment charge and surcharge required under
2.34this section are in addition to the surcharge required by section357.021, subdivision 6
2.35(surcharges on criminal and traffic offenders).
3.1 Sec. 4. Minnesota Statutes 2010, section 169A.54, subdivision 11, is amended to read:
3.2 Subd. 11. Chemical use assessment. When the evidentiary test shows an alcohol
3.3concentration of 0.07 or more, that result must be reported to the commissioner. The
3.4commissioner shall record that fact on the driver's record. When the driver's record shows
3.5a second or subsequent report of an alcohol concentration of 0.07 or more within two
3.6years of a recorded report, the commissioner may require that the driver have a chemical
3.7use assessment meeting the commissioner's requirements and those of section 169A.70.
3.8The assessment must be at the driver's expense. In no event shall the commissioner deny
3.9the license of a person who refuses to take the assessment or to undertake treatment, if
3.10treatment is indicated by the assessment, for longer than 90 days. If an assessment is
3.11made pursuant to this section, the commissioner may waive the assessment required
3.12by section169A.70 .
3.13 Sec. 5. Minnesota Statutes 2010, section 169A.70, subdivision 2, is amended to read:
3.14 Subd. 2. Chemical use assessment requirement. (a) As used in this subdivision,
3.15"violent crime" has the meaning given in section 609.133, subdivision 1.
3.16(b) A chemical use assessment must be conducted and an assessment report
3.17submitted to the court and to the Department of Public Safety by the county agency
3.18administering the alcohol safety program when:
3.19(1) the defendant is convicted of an offense described in section169A.20 (driving
3.20while impaired),169A.31 (alcohol-related school bus and Head Start bus driving), or
3.21360.0752
(impaired aircraft operation); or
3.22(2) the defendant is arrested for committing an offense described in clause (1) but is
3.23convicted of another offense arising out of the circumstances surrounding the arrest; or
3.24(3) the defendant is convicted of a violent crime.
3.25 Sec. 6. Minnesota Statutes 2010, section 169A.70, subdivision 3, is amended to read:
3.26 Subd. 3. Assessment report.(a) The assessment and assessment report for this
3.27section mustbe on a form prescribed by the commissioner and shall contain an evaluation
3.28of the convicted defendant concerning the defendant's prior traffic and criminal record,
3.29characteristics and history of alcohol and chemical use problems, and amenability to
3.30rehabilitation through the alcohol safety program. The report is classified as private data
3.31on individuals as defined in section
13.02, subdivision 12.
3.32(b) The assessment report must include:
3.33(1) a diagnosis of the nature of the offender's chemical and alcohol involvement;
3.34(2) an assessment of the severity level of the involvement;
4.1(3) a recommended level of care for the offender in accordance with the criteria
4.2contained in rules adopted by the commissioner of human services under section
254A.03,
4.3subdivision 3
(chemical dependency treatment rules);
4.4(4) an assessment of the offender's placement needs;
4.5(5) recommendations for other appropriate remedial action or care, including
4.6aftercare services in section
254B.01, subdivision 3, that may consist of educational
4.7programs, one-on-one counseling, a program or type of treatment that addresses mental
4.8health concerns, or a combination of them; and
4.9(6) a specific explanation why no level of care or action was recommended, if
4.10applicable meet the requirements of section 254A.03 and rules adopted under section
4.11254A.10. Additionally, the assessment must include access to and review of criminal
4.12records and most recent arrest reports.
4.13 Sec. 7. Minnesota Statutes 2010, section 169A.70, subdivision 7, is amended to read:
4.14 Subd. 7. Preconviction assessment. (a) The court may not accept a chemical use
4.15assessment conducted before conviction as a substitute for the assessment required by this
4.16section unless the court ensures that the preconviction assessment meets the standards
4.17described in this section required under sections 254A.03 and 254A.10.
4.18(b) If the commissioner of public safety is making a decision regarding reinstating
4.19a person's driver's license based on a chemical use assessment, the commissioner shall
4.20ensure that the assessment meets the standards described in this section.
4.21 Sec. 8. Minnesota Statutes 2010, section 169A.70, is amended by adding a subdivision
4.22to read:
4.23 Subd. 8. Timing of assessment interview. It is a strong preference that the
4.24chemical use assessment interview with the offender be conducted while the offender is
4.25being initially held in custody after arrest.
4.26 Sec. 9. Minnesota Statutes 2010, section 169A.70, is amended by adding a subdivision
4.27to read:
4.28 Subd. 9. Court's authority to require assessments in other instances. A court
4.29having jurisdiction over a person in a juvenile, criminal, or civil proceeding may order that
4.30the person submit to a chemical use assessment under this section if the court has reason
4.31to believe that the person may have a chemical dependency problem.
5.1 Sec. 10. [254A.25] CARE COORDINATION RELATED TO CHEMICAL USE
5.2ASSESSMENTS.
5.3The commissioner shall establish a process to distribute grant funds to counties that
5.4provide care coordination to individuals who receive chemical use assessments. For
5.5counties receiving grants, the care coordination must be provided to individuals eligible
5.6for a chemical use assessment under Minnesota Rules, parts 9530.6600 to 9530.6655, if
5.7the chemical use assessment establishes the need for treatment, and a plan of care is
5.8developed. The care coordinator must meet the requirements of Minnesota Rules, part
5.99530.6615, subpart 2. The care coordination may include, but is not limited to, discharge
5.10planning from treatment and routine follow-up with the client, access to community
5.11resources that address the needs identified in the chemical use assessment, monitoring
5.12services and the functioning of the client, and monitoring the client's chemical use and
5.13modifying the plan as necessary.
5.14 Sec. 11. Minnesota Statutes 2010, section 254B.01, subdivision 2, is amended to read:
5.15 Subd. 2. American Indian. For purposes of services provided undersection
5.16254B.09, subdivision 8
5.17member of an Indian tribe, and the commissioner shall use the definitions of "Indian" and
5.18"Indian tribe" and "Indian organization" provided in Public Law 93-638. For purposes of
5.19services provided under section
254B.09, subdivision 6, "American Indian" means, or (2)
5.20a resident of federally recognized tribal lands who is recognized as an Indian person by
5.21the federally recognized tribal governing body.
5.22 Sec. 12. Minnesota Statutes 2010, section 254B.02, subdivision 1, is amended to read:
5.23 Subdivision 1. Chemical dependency treatment allocation. The chemical
5.24dependency treatment appropriation shall be placed in a special revenue account. The
5.25commissioner shall annually transfer funds from the chemical dependency fund to pay
5.26for operation of the drug and alcohol abuse normative evaluation system and to pay for
5.27all costs incurred by addingtwo three positions for licensing of chemical dependency
5.28treatment and rehabilitation programslocated in hospitals for which funds are not
5.29otherwise appropriated. The remainder of the money in the special revenue account must
5.30be used according to the requirements in this chapter.
5.31 Sec. 13. Minnesota Statutes 2010, section 254B.04, subdivision 1, is amended to read:
5.32 Subdivision 1. Eligibility. (a) Persons eligible for benefits under Code of Federal
5.33Regulations, title 25, part 20, and personseligible for medical assistance benefits under
6.1sections
256B.055,
256B.056, and
256B.057, subdivisions 1, 2, 5, and 6, or who meet
6.2the income standards of section
256B.056, subdivision 4, and persons eligible for general
6.3assistance medical care under section
256D.03, subdivision 3, whose income is at or
6.4below 400 percent of the federal poverty guidelines who do not have insurance coverage
6.5are entitled to chemical dependency fund services.State money appropriated for this
6.6paragraph must be placed in a separate account established for this purpose.
6.7Persons with dependent children who are determined to be in need of chemical
6.8dependency treatment pursuant to an assessment under section626.556, subdivision 10 , or
6.9a case plan under section260C.201, subdivision 6 , or
260C.212 , shall be assisted by the
6.10local agency to access needed treatment services. Treatment services must be appropriate
6.11for the individual or family, which may include long-term care treatment or treatment in a
6.12facility that allows the dependent children to stay in the treatment facility. The county
6.13shall pay for out-of-home placement costs, if applicable.
6.14(b) A person not entitled to services under paragraph (a), but with family income
6.15that is less than 215 percent of the federal poverty guidelines for the applicable family
6.16size, shall be eligible to receive chemical dependency fund services within the limit
6.17of funds appropriated for this group for the fiscal year. If notified by the state agency
6.18of limited funds, a county must give preferential treatment to persons with dependent
6.19children who are in need of chemical dependency treatment pursuant to an assessment
6.20under section
626.556, subdivision 10, or a case plan under section
260C.201, subdivision
6.216
, or
260C.212. A county may spend money from its own sources to serve persons under
6.22this paragraph. State money appropriated for this paragraph must be placed in a separate
6.23account established for this purpose.
6.24(c) Persons whose income is between 215 percent and 412 percent of the federal
6.25poverty guidelines for the applicable family size shall be eligible for chemical dependency
6.26services on a sliding fee basis, within the limit of funds appropriated for this group for the
6.27fiscal year. Persons eligible under this paragraph must contribute to the cost of services
6.28according to the sliding fee scale established under subdivision 3.A county may spend
6.29money from its own sources to provide services to persons under this paragraph. State
6.30money appropriated for this paragraph must be placed in a separate account established
6.31for this purpose.
6.32 Sec. 14. Minnesota Statutes 2010, section 254B.04, subdivision 3, is amended to read:
6.33 Subd. 3. Amount of contribution. The commissioner shall adopt a sliding fee scale
6.34to determine the amount of contribution to be required from persons under this section.
6.35The commissioner may adopt rules to amend existing fee scales. The commissioner
7.1may establish a separate fee scale for recipients of chemical dependency transitional and
7.2extended care rehabilitation services that provides for the collection of fees for board
7.3and lodging expenses. The fee schedule shall ensure that employed persons are allowed
7.4the income disregards and savings accounts that are allowed residents of community
7.5mental illness facilities under section256D.06, subdivisions 1 and 1b . The fee scale
7.6must not provide assistance to persons whose income is more than 115 percent of the
7.7state median income. Payments of liabilities under this section are medical expenses for
7.8purposes of determining spenddown under sections256B.055 ,
256B.056 ,
256B.06 , and
7.9256D.01
to
256D.21 . The required amount of contribution established by the fee scale in
7.10this subdivision is also the cost of care responsibility subject to collection under section
7.11254B.06, subdivision 1
.
7.12 Sec. 15. Minnesota Statutes 2010, section 254B.06, subdivision 1, is amended to read:
7.13 Subdivision 1. State collections. The commissioner is responsible for all collections
7.14from persons determined to be partially responsible for the cost of care of an eligible
7.15person receiving services underLaws 1986, chapter 394, sections 8 to 20 this chapter.
7.16The commissioner may initiate, or request the attorney general to initiate, necessary civil
7.17action to recover the unpaid cost of care. The commissioner may collect all third-party
7.18payments for chemical dependency services provided underLaws 1986, chapter 394,
7.19sections 8 to 20 this chapter, including private insurance and federal Medicaid and
7.20Medicare financial participation. The commissioner shall deposit in a dedicated account
7.21a percentage of collections to pay for the cost of operating the chemical dependency
7.22consolidated treatment fund invoice processing and vendor payment system, billing, and
7.23collections. The remaining receipts must be deposited in the chemical dependency fund.
7.24 Sec. 16. Minnesota Statutes 2010, section 297G.03, subdivision 1, is amended to read:
7.25 Subdivision 1. General rate; distilled spirits and wine. The following excise tax is
7.26imposed on all distilled spirits and wine manufactured, imported, sold, or possessed in
7.27this state:
8.14In computing the tax on a package of distilled spirits or wine, a proportional tax at a
8.15like rate on all fractional parts of a gallon or liter must be paid, except that the tax on a
8.16fractional part of a gallon less than 1/16 of a gallon is the same as for 1/16 of a gallon.
8.17 Sec. 17. Minnesota Statutes 2010, section 297G.03, subdivision 2, is amended to read:
8.18 Subd. 2. Tax on miniatures; distilled spirits. The tax on miniatures is14 24
8.19cents per bottle.
8.20 Sec. 18. Minnesota Statutes 2010, section 297G.04, subdivision 1, is amended to read:
8.21 Subdivision 1. Tax imposed. The following excise tax is imposed on all fermented
8.22malt beverages that are imported, directly or indirectly sold, or possessed in this state:
8.23(1) on fermented malt beverages containing not more than 3.2 percent alcohol by
8.24weight,$2.40 $35.32 per 31-gallon barrel; and
8.25(2) on fermented malt beverages containing more than 3.2 percent alcohol by
8.26weight,$4.60 $37.52 per 31-gallon barrel.
8.27For fractions of a 31-gallon barrel, the tax rate is calculated proportionally.
8.28 Sec. 19. Minnesota Statutes 2010, section 297G.04, subdivision 2, is amended to read:
8.29 Subd. 2. Tax credit. A qualified brewer producing fermented malt beverages is
8.30entitled to a tax credit of$4.60 $37.52 per barrel on 25,000 barrels sold in any fiscal year
8.31beginning July 1, regardless of the alcohol content of the product. Qualified brewers may
8.32take the credit on the 18th day of each month, but the total credit allowed may not exceed
8.33in any fiscal year the lesser of:
8.34(1) the liability for tax; or
8.35(2) $115,000.
9.1For purposes of this subdivision, a "qualified brewer" means a brewer, whether
9.2or not located in this state, manufacturing less than 100,000 barrels of fermented malt
9.3beverages in the calendar year immediately preceding the calendar year for which the
9.4credit under this subdivision is claimed. In determining the number of barrels, all brands
9.5or labels of a brewer must be combined. All facilities for the manufacture of fermented
9.6malt beverages owned or controlled by the same person, corporation, or other entity
9.7must be treated as a single brewer.
9.8 Sec. 20. [373.51] REQUIREMENT TO PROVIDE CHEMICAL DEPENDENCY
9.9TREATMENT.
9.10The state shall provide adequate funding for counties to provide comprehensive,
9.11needs-specific chemical dependency treatment programs and services to individuals within
9.12the county. The programs and services must be provided based on Minnesota Rules, parts
9.139530.6600 through 9530.6655, placement criteria.
9.14 Sec. 21. Minnesota Statutes 2010, section 609.115, subdivision 8, is amended to read:
9.15 Subd. 8. Chemical use assessment required. (a) If a person is convicted of a
9.16felony, the probation officer shall determine in the report prepared under subdivision 1
9.17whether or not alcohol or drug use was a contributing factor to the commission of the
9.18offense. If so, the report shall contain the results of a chemical use assessment conducted
9.19in accordance with this subdivision. The probation officer shall make an appointment for
9.20the defendant to undergo the chemical use assessment if so indicated. If the person is
9.21convicted of a violent crime as defined in section 609.133, subdivision 1, the provisions of
9.22that section apply.
9.23(b) The chemical use assessment report must include a recommended level of
9.24care for the defendant in accordance with the criteria contained in rules adopted by the
9.25commissioner of human services under section254A.03, subdivision 3 . The assessment
9.26must be conducted by an assessor qualified under rules adopted by the commissioner of
9.27human services under section254A.03, subdivision 3 . An assessor providing a chemical
9.28use assessment may not have any direct or shared financial interest or referral relationship
9.29resulting in shared financial gain with a treatment provider, except as authorized under
9.30section 254A.19, subdivision 3. If an independent assessor is not available, the probation
9.31officer may use the services of an assessor authorized to perform assessments for the
9.32county social services agency under a variance granted under rules adopted by the
9.33commissioner of human services under section254A.03, subdivision 3 .
10.1(c) A chemical use assessment and report conducted under this subdivision must
10.2meet the standards described in section 169A.70.
10.3 Sec. 22. [609.133] CHEMICAL DEPENDENCY TREATMENT; ASSESSMENT
10.4CHARGE.
10.5 Subdivision 1. Definition. As used in this section, "violent crime" has the meaning
10.6given in section609.1095 , subdivision 1. The term also includes violations of sections
10.7609.2231,609.224 , and
609.2242 .
10.8 Subd. 2. Assessment conducted. The court shall ensure that a chemical use
10.9assessment is conducted on a person convicted of a violent crime as required in section
10.10169A.70 , subdivision 2.
10.11 Subd. 3. Charge. (a) When a court sentences a person convicted of a violent crime,
10.12it shall impose a chemical dependency assessment charge of $125. The court may not
10.13waive payment or authorize payment of the assessment charge in installments unless it
10.14makes written findings on the record that the convicted person is indigent or that the
10.15assessment charge would create undue hardship for the convicted person or that person's
10.16immediate family.
10.17 (b) The county shall collect and forward to the commissioner of management and
10.18budget $25 of the chemical dependency assessment charge on a quarterly basis. The
10.19commissioner shall credit the money to the general fund. The county shall collect and
10.20keep $100 of the chemical dependency assessment charge.
10.21 (c) The chemical dependency assessment charge required under this section is in
10.22addition to the surcharge required by section357.021, subdivision 6 .
10.23 Sec. 23. Minnesota Statutes 2010, section 609.135, is amended by adding a subdivision
10.24to read:
10.25 Subd. 9. Certain persons to receive mandatory chemical dependency treatment.
10.26If a court stays the imposition or execution of sentence for a person convicted of a violent
10.27crime as defined in section609.133, subdivision 1 , as a condition of probation and in
10.28addition to any other conditions imposed, the court shall order the person to submit to the
10.29level of care recommended in the chemical use assessment described in section 169A.70,
10.30unless there are compelling reasons to do otherwise.
10.31 Sec. 24. JUDICIAL TRAINING.
10.32 The Supreme Court shall include training relating to a judge's powers and duties
10.33regarding chemical use assessments in its judicial education program.
11.1 Sec. 25. REPEAT DUI OFFENDER PILOT PROGRAM.
11.2The commissioner of public safety shall establish a pilot program in up to three
11.3counties for repeat driving while impaired offenders. The pilot program is an alternative
11.4to incarceration or traditional chemical treatment, and must provide a highly structured
11.5treatment program with 12 months of supervision following treatment. The probation
11.6officer, treatment provider, chemical use assessor, and possibly police officers, must work
11.7as partners in the recovery of the client. The pilot program must explore and use different
11.8monitoring devices to monitor the client's chemical use.
11.9 Sec. 26. APPROPRIATIONS.
11.10 (a) $....... in fiscal year 2012, and $....... in fiscal year 2013, are appropriated from
11.11the general fund to the commissioner of public safety. Of these amounts:
11.12 (1) $....... the first year and $....... the second year are for grants to local units of
11.13government to conduct compliance checks for on-sale and off-sale intoxicating liquor
11.14license holders to determine whether the license holder is complying with Minnesota
11.15Statutes, section340A.503 ;
11.16 (2) $....... the first year and $....... the second year are for grants to prevent domestic
11.17violence and to provide services to victims of domestic violence; and
11.18(3) $....... for the biennium for the repeat DUI offender pilot program.
11.19 (b) $....... in fiscal year 2012, and $....... in fiscal year 2013, are appropriated from
11.20the general fund to the commissioner of human services. Of these amounts:
11.21 (1) $....... the first year and $....... the second year are for the purpose of fully funding
11.22Minnesota Statutes, section 254B.04, subdivision 1. This appropriation must become part
11.23of the base appropriation for this program;
11.24(2) $....... the first year and $....... the second year to fund the chemical dependency
11.25treatment requirements under Minnesota Statutes, section 373.50;
11.26(3) $....... for the biennium for care coordination related to chemical use assessments
11.27under Minnesota Statutes, section 254A.25; and
11.28(4) $....... for the biennium to be transferred to the Board of Behavioral Health
11.29and Therapy under Minnesota Statutes, chapter 148C, to hire staff to conduct timely
11.30licensing of counselors.
11.31 (c) $....... in fiscal year 2012, and $....... in fiscal year 2013, are appropriated from
11.32the general fund to the Chief Justice of the Supreme Court. Of these amounts:
11.33 (1) $....... the first year and $....... the second year are for judicial training under
11.34section 24;
11.35(2) $....... the first year and $....... the second year are to counties for drug courts; and
12.1 (3) $....... the first year and $....... the second year are for grants to counties for court
12.2services and correctional costs related to conducting chemical use assessments.
12.3 (d) $....... for fiscal year 2012, and $....... for fiscal year 2013, are appropriated from
12.4the general fund to the commissioner of health. Of these amounts, $....... the first year
12.5and $....... the second year are for grants to public health for education and prevention
12.6initiatives designed to eliminate underage drinking.
12.7 Sec. 27. REPEALER.
12.8Minnesota Statutes 2010, section 254B.03, subdivision 4, is repealed.
12.9 Sec. 28. EFFECTIVE DATE.
12.10Sections 2 to 9 and 21 to 23 are effective August 1, 2011, and apply to crimes
12.11committed on or after that date. Sections 16 to 19 are effective for taxes imposed after
12.12June 30, 2011.
1.3chemical dependency; increasing the tax on alcoholic beverages to fund this
1.4initiative; eliminating obsolete language and making technical corrections;
1.5appropriating money;amending Minnesota Statutes 2010, sections 169A.275,
1.6subdivision 5; 169A.284, subdivision 1; 169A.54, subdivision 11; 169A.70,
1.7subdivisions 2, 3, 7, by adding subdivisions; 254B.01, subdivision 2; 254B.02,
1.8subdivision 1; 254B.04, subdivisions 1, 3; 254B.06, subdivision 1; 297G.03,
1.9subdivisions 1, 2; 297G.04, subdivisions 1, 2; 609.115, subdivision 8; 609.135,
1.10by adding a subdivision; proposing coding for new law in Minnesota Statutes,
1.11chapters 254A; 373; 609; repealing Minnesota Statutes 2010, section 254B.03,
1.12subdivision 4.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.14 Section 1. LEGISLATIVE FINDINGS AND INTENT.
1.15 The legislature finds that:
1.16 (1) impaired driving offenses kill and injure more Minnesotans than any other
1.17crime; and
1.18 (2) alcohol and drug abuse contribute to domestic violence and destroy families.
1.19The legislature considers the need to address the problem of alcohol abuse to be a high
1.20priority. Furthermore, the legislature determines that the costs of fighting alcohol abuse
1.21should be funded by those who abuse alcohol. Consequently, the legislature is increasing
1.22the tax on the sale of alcohol to fund aggressive efforts to reduce impaired driving
1.23offenses and generally prevent crime, injury, and loss of life through chemical dependency
1.24prevention, screening, and treatment.
1.25 Sec. 2. Minnesota Statutes 2010, section 169A.275, subdivision 5, is amended to read:
2.1 Subd. 5. Level of care recommended in chemical use assessment. Unless the
2.2court commits the person to the custody of the commissioner of corrections as provided in
2.3section
2.4required under this section, if the person has not already done so, the court shall order
2.5a person to submit to
2.6treatment services clinically justified by Minnesota Rules, parts 9530.6600 through
2.79530.6655, and conducted under section
2.8assessments) if the person: (1) is convicted of violating section
2.9impaired)
2.10
2.11
2.12section 169A.20, but is convicted of another offense arising out of the circumstances
2.13surrounding the arrest.
2.14 Sec. 3. Minnesota Statutes 2010, section 169A.284, subdivision 1, is amended to read:
2.15 Subdivision 1. When required. (a) When a court sentences a person convicted of
2.16an offense enumerated in section
2.17(2),
2.18cost of the assessment directly to the entity conducting the assessment or providing the
2.19assessment services in an amount determined by the entity conducting or providing the
2.20service and shall impose a chemical dependency assessment charge of $25. The court may
2.21waive the $25 assessment charge, but may not waive the cost for the assessment paid
2.22directly to the entity conducting the assessment or providing assessment services. A
2.23person shall pay an additional surcharge of $5 if the person is convicted of a violation of
2.24section
2.25conviction or a prior conviction for an offense arising out of an arrest for a violation of
2.26section
2.27alcohol or controlled substance) or
2.28This section applies when the sentence is executed, stayed, or suspended. The court
2.29may not waive payment or authorize payment of the assessment charge and surcharge in
2.30installments unless it makes written findings on the record that the convicted person is
2.31indigent or that the assessment charge and surcharge would create undue hardship for the
2.32convicted person or that person's immediate family.
2.33(b) The chemical dependency assessment charge and surcharge required under
2.34this section are in addition to the surcharge required by section
3.1 Sec. 4. Minnesota Statutes 2010, section 169A.54, subdivision 11, is amended to read:
3.2 Subd. 11. Chemical use assessment. When the evidentiary test shows an alcohol
3.3concentration of 0.07 or more, that result must be reported to the commissioner. The
3.4commissioner shall record that fact on the driver's record. When the driver's record shows
3.5a second or subsequent report of an alcohol concentration of 0.07 or more within two
3.6years of a recorded report, the commissioner may require that the driver have a chemical
3.7use assessment meeting the commissioner's requirements and those of section 169A.70.
3.8The assessment must be at the driver's expense. In no event shall the commissioner deny
3.9the license of a person who refuses to take the assessment or to undertake treatment, if
3.10treatment is indicated by the assessment, for longer than 90 days. If an assessment is
3.11made pursuant to this section, the commissioner may waive the assessment required
3.12by section
3.13 Sec. 5. Minnesota Statutes 2010, section 169A.70, subdivision 2, is amended to read:
3.14 Subd. 2. Chemical use assessment requirement. (a) As used in this subdivision,
3.15"violent crime" has the meaning given in section 609.133, subdivision 1.
3.16(b) A chemical use assessment must be conducted and an assessment report
3.17submitted to the court and to the Department of Public Safety by the county agency
3.18administering the alcohol safety program when:
3.19(1) the defendant is convicted of an offense described in section
3.20while impaired),
3.22(2) the defendant is arrested for committing an offense described in clause (1) but is
3.23convicted of another offense arising out of the circumstances surrounding the arrest; or
3.24(3) the defendant is convicted of a violent crime.
3.25 Sec. 6. Minnesota Statutes 2010, section 169A.70, subdivision 3, is amended to read:
3.26 Subd. 3. Assessment report.
3.27section must
3.28
3.29
3.30
3.31
3.32
3.33
3.34
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11254A.10. Additionally, the assessment must include access to and review of criminal
4.12records and most recent arrest reports.
4.13 Sec. 7. Minnesota Statutes 2010, section 169A.70, subdivision 7, is amended to read:
4.14 Subd. 7. Preconviction assessment. (a) The court may not accept a chemical use
4.15assessment conducted before conviction as a substitute for the assessment required by this
4.16section unless the court ensures that the preconviction assessment meets the standards
4.17
4.18(b) If the commissioner of public safety is making a decision regarding reinstating
4.19a person's driver's license based on a chemical use assessment, the commissioner shall
4.20ensure that the assessment meets the standards described in this section.
4.21 Sec. 8. Minnesota Statutes 2010, section 169A.70, is amended by adding a subdivision
4.22to read:
4.23 Subd. 8. Timing of assessment interview. It is a strong preference that the
4.24chemical use assessment interview with the offender be conducted while the offender is
4.25being initially held in custody after arrest.
4.26 Sec. 9. Minnesota Statutes 2010, section 169A.70, is amended by adding a subdivision
4.27to read:
4.28 Subd. 9. Court's authority to require assessments in other instances. A court
4.29having jurisdiction over a person in a juvenile, criminal, or civil proceeding may order that
4.30the person submit to a chemical use assessment under this section if the court has reason
4.31to believe that the person may have a chemical dependency problem.
5.1 Sec. 10. [254A.25] CARE COORDINATION RELATED TO CHEMICAL USE
5.2ASSESSMENTS.
5.3The commissioner shall establish a process to distribute grant funds to counties that
5.4provide care coordination to individuals who receive chemical use assessments. For
5.5counties receiving grants, the care coordination must be provided to individuals eligible
5.6for a chemical use assessment under Minnesota Rules, parts 9530.6600 to 9530.6655, if
5.7the chemical use assessment establishes the need for treatment, and a plan of care is
5.8developed. The care coordinator must meet the requirements of Minnesota Rules, part
5.99530.6615, subpart 2. The care coordination may include, but is not limited to, discharge
5.10planning from treatment and routine follow-up with the client, access to community
5.11resources that address the needs identified in the chemical use assessment, monitoring
5.12services and the functioning of the client, and monitoring the client's chemical use and
5.13modifying the plan as necessary.
5.14 Sec. 11. Minnesota Statutes 2010, section 254B.01, subdivision 2, is amended to read:
5.15 Subd. 2. American Indian. For purposes of services provided under
5.16
5.17member of an Indian tribe, and the commissioner shall use the definitions of "Indian" and
5.18"Indian tribe" and "Indian organization" provided in Public Law 93-638
5.19
5.20a resident of federally recognized tribal lands who is recognized as an Indian person by
5.21the federally recognized tribal governing body.
5.22 Sec. 12. Minnesota Statutes 2010, section 254B.02, subdivision 1, is amended to read:
5.23 Subdivision 1. Chemical dependency treatment allocation. The chemical
5.24dependency treatment appropriation shall be placed in a special revenue account. The
5.25commissioner shall annually transfer funds from the chemical dependency fund to pay
5.26for operation of the drug and alcohol abuse normative evaluation system and to pay for
5.27all costs incurred by adding
5.28treatment and rehabilitation programs
5.29
5.30
5.31 Sec. 13. Minnesota Statutes 2010, section 254B.04, subdivision 1, is amended to read:
5.32 Subdivision 1. Eligibility. (a) Persons eligible for benefits under Code of Federal
5.33Regulations, title 25, part 20, and persons
6.1
6.2
6.3
6.4below 400 percent of the federal poverty guidelines who do not have insurance coverage
6.5are entitled to chemical dependency fund services.
6.6
6.7Persons with dependent children who are determined to be in need of chemical
6.8dependency treatment pursuant to an assessment under section
6.9a case plan under section
6.10local agency to access needed treatment services. Treatment services must be appropriate
6.11for the individual or family, which may include long-term care treatment or treatment in a
6.12facility that allows the dependent children to stay in the treatment facility. The county
6.13shall pay for out-of-home placement costs, if applicable.
6.14(b) A person not entitled to services under paragraph (a)
6.15
6.16
6.17
6.18
6.19
6.20
6.21
6.22
6.23
6.24
6.25
6.26services on a sliding fee basis
6.27
6.28according to the sliding fee scale established under subdivision 3.
6.29
6.30
6.31
6.32 Sec. 14. Minnesota Statutes 2010, section 254B.04, subdivision 3, is amended to read:
6.33 Subd. 3. Amount of contribution. The commissioner shall adopt a sliding fee scale
6.34to determine the amount of contribution to be required from persons under this section.
6.35The commissioner may adopt rules to amend existing fee scales. The commissioner
7.1may establish a separate fee scale for recipients of chemical dependency transitional and
7.2extended care rehabilitation services that provides for the collection of fees for board
7.3and lodging expenses. The fee schedule shall ensure that employed persons are allowed
7.4the income disregards and savings accounts that are allowed residents of community
7.5mental illness facilities under section
7.6
7.7
7.8purposes of determining spenddown under sections
7.10this subdivision is also the cost of care responsibility subject to collection under section
7.12 Sec. 15. Minnesota Statutes 2010, section 254B.06, subdivision 1, is amended to read:
7.13 Subdivision 1. State collections. The commissioner is responsible for all collections
7.14from persons determined to be partially responsible for the cost of care of an eligible
7.15person receiving services under
7.16The commissioner may initiate, or request the attorney general to initiate, necessary civil
7.17action to recover the unpaid cost of care. The commissioner may collect all third-party
7.18payments for chemical dependency services provided under
7.19
7.20Medicare financial participation. The commissioner shall deposit in a dedicated account
7.21a percentage of collections to pay for the cost of operating the chemical dependency
7.22consolidated treatment fund invoice processing and vendor payment system, billing, and
7.23collections. The remaining receipts must be deposited in the chemical dependency fund.
7.24 Sec. 16. Minnesota Statutes 2010, section 297G.03, subdivision 1, is amended to read:
7.25 Subdivision 1. General rate; distilled spirits and wine. The following excise tax is
7.26imposed on all distilled spirits and wine manufactured, imported, sold, or possessed in
7.27this state:
8.14In computing the tax on a package of distilled spirits or wine, a proportional tax at a
8.15like rate on all fractional parts of a gallon or liter must be paid, except that the tax on a
8.16fractional part of a gallon less than 1/16 of a gallon is the same as for 1/16 of a gallon.
8.17 Sec. 17. Minnesota Statutes 2010, section 297G.03, subdivision 2, is amended to read:
8.18 Subd. 2. Tax on miniatures; distilled spirits. The tax on miniatures is
8.19cents per bottle.
8.20 Sec. 18. Minnesota Statutes 2010, section 297G.04, subdivision 1, is amended to read:
8.21 Subdivision 1. Tax imposed. The following excise tax is imposed on all fermented
8.22malt beverages that are imported, directly or indirectly sold, or possessed in this state:
8.23(1) on fermented malt beverages containing not more than 3.2 percent alcohol by
8.24weight,
8.25(2) on fermented malt beverages containing more than 3.2 percent alcohol by
8.26weight,
8.27For fractions of a 31-gallon barrel, the tax rate is calculated proportionally.
8.28 Sec. 19. Minnesota Statutes 2010, section 297G.04, subdivision 2, is amended to read:
8.29 Subd. 2. Tax credit. A qualified brewer producing fermented malt beverages is
8.30entitled to a tax credit of
8.31beginning July 1, regardless of the alcohol content of the product. Qualified brewers may
8.32take the credit on the 18th day of each month, but the total credit allowed may not exceed
8.33in any fiscal year the lesser of:
8.34(1) the liability for tax; or
8.35(2) $115,000.
9.1For purposes of this subdivision, a "qualified brewer" means a brewer, whether
9.2or not located in this state, manufacturing less than 100,000 barrels of fermented malt
9.3beverages in the calendar year immediately preceding the calendar year for which the
9.4credit under this subdivision is claimed. In determining the number of barrels, all brands
9.5or labels of a brewer must be combined. All facilities for the manufacture of fermented
9.6malt beverages owned or controlled by the same person, corporation, or other entity
9.7must be treated as a single brewer.
9.8 Sec. 20. [373.51] REQUIREMENT TO PROVIDE CHEMICAL DEPENDENCY
9.9TREATMENT.
9.10The state shall provide adequate funding for counties to provide comprehensive,
9.11needs-specific chemical dependency treatment programs and services to individuals within
9.12the county. The programs and services must be provided based on Minnesota Rules, parts
9.139530.6600 through 9530.6655, placement criteria.
9.14 Sec. 21. Minnesota Statutes 2010, section 609.115, subdivision 8, is amended to read:
9.15 Subd. 8. Chemical use assessment required. (a) If a person is convicted of a
9.16felony, the probation officer shall determine in the report prepared under subdivision 1
9.17whether or not alcohol or drug use was a contributing factor to the commission of the
9.18offense. If so, the report shall contain the results of a chemical use assessment conducted
9.19in accordance with this subdivision. The probation officer shall make an appointment for
9.20the defendant to undergo the chemical use assessment if so indicated. If the person is
9.21convicted of a violent crime as defined in section 609.133, subdivision 1, the provisions of
9.22that section apply.
9.23(b) The chemical use assessment report must include a recommended level of
9.24care for the defendant in accordance with the criteria contained in rules adopted by the
9.25commissioner of human services under section
9.26must be conducted by an assessor qualified under rules adopted by the commissioner of
9.27human services under section
9.28use assessment may not have any direct or shared financial interest or referral relationship
9.29resulting in shared financial gain with a treatment provider, except as authorized under
9.30section 254A.19, subdivision 3. If an independent assessor is not available, the probation
9.31officer may use the services of an assessor authorized to perform assessments for the
9.32county social services agency under a variance granted under rules adopted by the
9.33commissioner of human services under section
10.1(c) A chemical use assessment and report conducted under this subdivision must
10.2meet the standards described in section 169A.70.
10.3 Sec. 22. [609.133] CHEMICAL DEPENDENCY TREATMENT; ASSESSMENT
10.4CHARGE.
10.5 Subdivision 1. Definition. As used in this section, "violent crime" has the meaning
10.6given in section
10.7609.2231,
10.8 Subd. 2. Assessment conducted. The court shall ensure that a chemical use
10.9assessment is conducted on a person convicted of a violent crime as required in section
10.10
10.11 Subd. 3. Charge. (a) When a court sentences a person convicted of a violent crime,
10.12it shall impose a chemical dependency assessment charge of $125. The court may not
10.13waive payment or authorize payment of the assessment charge in installments unless it
10.14makes written findings on the record that the convicted person is indigent or that the
10.15assessment charge would create undue hardship for the convicted person or that person's
10.16immediate family.
10.17 (b) The county shall collect and forward to the commissioner of management and
10.18budget $25 of the chemical dependency assessment charge on a quarterly basis. The
10.19commissioner shall credit the money to the general fund. The county shall collect and
10.20keep $100 of the chemical dependency assessment charge.
10.21 (c) The chemical dependency assessment charge required under this section is in
10.22addition to the surcharge required by section
10.23 Sec. 23. Minnesota Statutes 2010, section 609.135, is amended by adding a subdivision
10.24to read:
10.25 Subd. 9. Certain persons to receive mandatory chemical dependency treatment.
10.26If a court stays the imposition or execution of sentence for a person convicted of a violent
10.27crime as defined in section
10.28addition to any other conditions imposed, the court shall order the person to submit to the
10.29level of care recommended in the chemical use assessment described in section 169A.70,
10.30unless there are compelling reasons to do otherwise.
10.31 Sec. 24. JUDICIAL TRAINING.
10.32 The Supreme Court shall include training relating to a judge's powers and duties
10.33regarding chemical use assessments in its judicial education program.
11.1 Sec. 25. REPEAT DUI OFFENDER PILOT PROGRAM.
11.2The commissioner of public safety shall establish a pilot program in up to three
11.3counties for repeat driving while impaired offenders. The pilot program is an alternative
11.4to incarceration or traditional chemical treatment, and must provide a highly structured
11.5treatment program with 12 months of supervision following treatment. The probation
11.6officer, treatment provider, chemical use assessor, and possibly police officers, must work
11.7as partners in the recovery of the client. The pilot program must explore and use different
11.8monitoring devices to monitor the client's chemical use.
11.9 Sec. 26. APPROPRIATIONS.
11.10 (a) $....... in fiscal year 2012, and $....... in fiscal year 2013, are appropriated from
11.11the general fund to the commissioner of public safety. Of these amounts:
11.12 (1) $....... the first year and $....... the second year are for grants to local units of
11.13government to conduct compliance checks for on-sale and off-sale intoxicating liquor
11.14license holders to determine whether the license holder is complying with Minnesota
11.15Statutes, section
11.16 (2) $....... the first year and $....... the second year are for grants to prevent domestic
11.17violence and to provide services to victims of domestic violence; and
11.18(3) $....... for the biennium for the repeat DUI offender pilot program.
11.19 (b) $....... in fiscal year 2012, and $....... in fiscal year 2013, are appropriated from
11.20the general fund to the commissioner of human services. Of these amounts:
11.21 (1) $....... the first year and $....... the second year are for the purpose of fully funding
11.22Minnesota Statutes, section 254B.04, subdivision 1. This appropriation must become part
11.23of the base appropriation for this program;
11.24(2) $....... the first year and $....... the second year to fund the chemical dependency
11.25treatment requirements under Minnesota Statutes, section 373.50;
11.26(3) $....... for the biennium for care coordination related to chemical use assessments
11.27under Minnesota Statutes, section 254A.25; and
11.28(4) $....... for the biennium to be transferred to the Board of Behavioral Health
11.29and Therapy under Minnesota Statutes, chapter 148C, to hire staff to conduct timely
11.30licensing of counselors.
11.31 (c) $....... in fiscal year 2012, and $....... in fiscal year 2013, are appropriated from
11.32the general fund to the Chief Justice of the Supreme Court. Of these amounts:
11.33 (1) $....... the first year and $....... the second year are for judicial training under
11.34section 24;
11.35(2) $....... the first year and $....... the second year are to counties for drug courts; and
12.1 (3) $....... the first year and $....... the second year are for grants to counties for court
12.2services and correctional costs related to conducting chemical use assessments.
12.3 (d) $....... for fiscal year 2012, and $....... for fiscal year 2013, are appropriated from
12.4the general fund to the commissioner of health. Of these amounts, $....... the first year
12.5and $....... the second year are for grants to public health for education and prevention
12.6initiatives designed to eliminate underage drinking.
12.7 Sec. 27. REPEALER.
12.8Minnesota Statutes 2010, section 254B.03, subdivision 4, is repealed.
12.9 Sec. 28. EFFECTIVE DATE.
12.10Sections 2 to 9 and 21 to 23 are effective August 1, 2011, and apply to crimes
12.11committed on or after that date. Sections 16 to 19 are effective for taxes imposed after
12.12June 30, 2011.
