1.1 	A bill for an act
1.2 	relating to public safety; providing funding changes for public safety, the 
1.3 	judiciary, private detective board, human rights, and corrections; authorizing 
1.4 	the Office of Administrative Hearings to review driver's license revocation or 
1.5 	disqualification and motor vehicle plate impoundment resulting from implied 
1.6 	consent violations; appropriating money;amending Minnesota Statutes 2008, 
1.7 	sections 169A.52, subdivision 6; 169A.53; 169A.60, subdivision 10; proposing 
1.8 	coding for new law in Minnesota Statutes, chapter 357.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	ARTICLE 1
1.11 	APPROPRIATIONS

1.12	Section 1. SUMMARY OF APPROPRIATIONS.
 	
1.13 	The amounts shown in this section summarize direct appropriations, by fund, made 
1.14 	in this article.

1.15			2010
		2011
		Total
	
1.16	General
	$
	(8,715,000)
	$
	(15,142,000)
	$
	(23,857,000)

1.17	Sec. 2. APPROPRIATIONS.
 	
1.18 	The sums shown in the columns marked "Appropriations" are added to or, if shown 
1.19 	in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to 
1.20 	the agencies and for the purposes specified in this article. The appropriations are from the 
1.21 	general fund, or another named fund, and are available for the fiscal years indicated for 
1.22 	each purpose. The figures "2010" and "2011" used in this article mean that the addition 
1.23 	to or subtraction from the appropriation listed under them is available for the fiscal year 
1.24 	ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and 
2.1 	reductions to appropriations for the fiscal year ending June 30, 2010, are effective the 
2.2 	day following final enactment.

2.3				APPROPRIATIONS
	
2.4				Available for the Year
	
2.5				Ending June 30
	
2.6					2010
		2011

2.7	Sec. 3. SUPREME COURT

2.8	Subdivision 1.Total Appropriation
 	$
	(856,000)
	$
	(1,664,000)
	
2.9 	The amounts that may be spent for each 
2.10 	purpose are specified in the following 
2.11 	subdivisions.

2.12	Subd. 2.Supreme Court Operations
 		(529,000)
		(938,000)

2.13	Subd. 3.Civil Legal Services
 		(327,000)
		(726,000)
	
2.14 	This includes a reduction of $22,000 in fiscal 
2.15 	year 2010 and $53,000 in fiscal year 2011 
2.16 	for legal services to low-income clients in 
2.17 	family law matters.

2.18	Sec. 4. COURT OF APPEALS
 	$
	(159,000)
	$
	(309,000)

2.19	Sec. 5. TRIAL COURTS
 	$
	(4,242,000)
	$
	(7,503,000)

2.20	Sec. 6. TAX COURT
 	$
	(12,000)
	$
	(25,000)

2.21	Sec. 7. UNIFORM LAWS COMMISSION
 	$
	-0-
	$
	(2,000)

2.22	Sec. 8. BOARD ON JUDICIAL STANDARDS
 	$
	(10,000)
	$
	(14,000)
	
2.23 	This includes a reduction of $5,000 in fiscal 
2.24 	year 2010 and $4,000 in fiscal year 2011 
2.25 	from funding for special investigative and 
2.26 	hearing costs.

2.27	Sec. 9. BOARD OF PUBLIC DEFENSE
 	$
	(905,000)
	$
	(2,384,000)

2.28
2.29	Sec. 10. DEPARTMENT OF PUBLIC 
SAFETY

3.1	Subdivision 1.Total Appropriation
 	$
	-0-
	$
	1,800,000
	
3.2 	The amounts that may be spent for each 
3.3 	purpose are specified in the following 
3.4 	subdivisions.

3.5	Subd. 2.Emergency Management
 		-0-
		1,600,000
	
3.6 	This appropriation is to provide a match for 
3.7 	Federal Emergency Management Agency 
3.8 	(FEMA) disaster assistance payments under 
3.9 	Minnesota Statutes, section 12.221. This is a 
3.10 	onetime appropriation.

3.11	Subd. 3.Criminal Apprehension
 		-0-
		200,000
	
3.12 	$200,000 is a onetime appropriation to 
3.13 	the Bureau of Criminal Apprehension for 
3.14 	enhancements to the predatory offender 
3.15 	registry architecture, and for technical 
3.16 	upgrades including the conversion of 
3.17 	documents to a digital format.

3.18	Subd. 4.Fire Marshal
 					
3.19 	Transfers
3.20 	By June 30, 2010, the commissioner shall 
3.21 	transfer $6,900,000 from the fire safety 
3.22 	account in the special revenue fund to the 
3.23 	general fund.
3.24 	By June 30, 2011, the commissioner shall 
3.25 	transfer $3,000,000 from the fire safety 
3.26 	account in the special revenue fund to the 
3.27 	general fund.

3.28	Sec. 11. PRIVATE DETECTIVE BOARD
 	$
	(2,000)
	$
	(3,000)

3.29	Sec. 12. HUMAN RIGHTS
 	$
	(59,000)
	$
	(103,000)

3.30	Sec. 13. CORRECTIONS

3.31	Subdivision 1.Total Appropriation
 	$
	(2,459,000)
	$
	(4,917,000)
	
4.1 	The amounts that may be spent for each 
4.2 	purpose are specified in the following 
4.3 	subdivisions.

4.4	Subd. 2.Correctional Institutions
 		(847,000)
		(1,693,000)

4.5	Subd. 3.Community Services
 		(1,612,000)
		(3,224,000)
	
4.6 	Transfers
4.7 	Notwithstanding Minnesota Statutes, section 
4.8 	241.27, the commissioner shall transfer 
4.9 	$574,000 by June 30, 2010, and $989,000 
4.10 	by June 30, 2011, from the Minnesota 
4.11 	correctional industries revolving fund to the 
4.12 	general fund. These transfers are onetime. 
4.13 	These transfers are in addition to those in 
4.14 	Laws 2009, chapter 83, article 1, section 14, 
4.15 	subdivision 2, paragraph (g).
4.16 	The commissioner shall transfer $201,000 
4.17 	by June 30, 2010, and $402,000 by June 30, 
4.18 	2011, from the special revenue fund to the 
4.19 	general fund. These transfers are onetime.

4.20	Sec. 14. SENTENCING GUIDELINES
 	$
	(11,000)
	$
	(18,000)

4.21 	ARTICLE 2
4.22 	IMPLIED CONSENT; ADMINISTRATIVE REVIEW HEARINGS

4.23 	Section 1. Minnesota Statutes 2008, section 169A.52, subdivision 6, is amended to 
4.24 	read:
4.25 		Subd. 6.Notice of revocation or disqualification; review. A revocation under 
4.26 	this section or a disqualification under section 171.165 (commercial driver's license 
4.27 	disqualification) becomes effective at the time the commissioner or a peace officer acting 
4.28 	on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or 
4.29 	both, and of revocation or disqualification. The notice must advise the person of the right 
4.30 	to obtain administrative and judicialreview by the commissioner and an administrative 
4.31 	hearing review as provided in section 169A.53 (administrative and judicial review of 
5.1 	license revocation). If mailed, the notice and order of revocation or disqualification is 
5.2 	deemed received three days after mailing to the last known address of the person. 

5.3 	EFFECTIVE DATE. This section is effective January 1, 2011.

5.4 	Sec. 2. Minnesota Statutes 2008, section 169A.53, is amended to read:
5.5 	169A.53 COMMISSIONER REVIEW AND ADMINISTRATIVE AND 
5.6 	JUDICIAL HEARING REVIEW OF LICENSE REVOCATION; APPEAL.
5.7 		Subdivision 1.Administrative Commissioner review. (a) At any time during a 
5.8 	period of revocation imposed under section 169A.52 (revocation of license for test failure 
5.9 	or refusal) or a period of disqualification imposed under section 171.165 (commercial 
5.10 	driver's license disqualification), a person may request in writing a review of the order 
5.11 	of revocation or disqualification by the commissioner, unless the person is entitled to 
5.12 	review under section 171.166 (review of disqualification). Upon receiving a request the 
5.13 	commissioner or the commissioner's designee shall review the order, the evidence upon 
5.14 	which the order was based, and any other material information brought to the attention 
5.15 	of the commissioner, and determine whether sufficient cause exists to sustain the order. 
5.16 	Within 15 days of receiving the request the commissioner shall report in writing the results 
5.17 	of the review. The review provided in this subdivision is not subject to the contested case 
5.18 	provisions of the Administrative Procedure Act in sections 14.001 to 14.69. 
5.19 	(b) The availability of administrative review for an order of revocation or 
5.20 	disqualification has no effect upon the availability of judicial an administrative review
5.21 	hearing under this section.
5.22 	(c) Review under this subdivision must take place, if possible, at the same time as 
5.23 	any administrative review of the person's impoundment order under section 169A.60, 
5.24 	subdivision 9. 
5.25 		Subd. 2.Petition for judicialadministrative review hearing. (a) Notwithstanding 
5.26 	section 14.57 and other law to the contrary, within 30 days following receipt of a notice 
5.27 	and order of revocation or disqualification pursuant to section 169A.52 (revocation of 
5.28 	license for test failure or refusal), a person may petition the court Office of Administrative 
5.29 	Hearings for review. The petition must be filed with the district court administrator in the 
5.30 	county where the alleged offense occurred, Office of Administrative Hearings, together 
5.31 	with proof of service of a copy on the commissioner, and accompanied by the standard
5.32 	filing fee for civil actions provided under section 357.081. Responsive pleading is not 
5.33 	required of the commissioner, and court fees must not be charged for the appearance of 
5.34 	the commissioner in the matter. 
6.1 	(b) The petition must:
6.2 	(1) be captioned in the full name of the person making the petition as petitioner and 
6.3 	the commissioner as respondent;
6.4 	(2) include the petitioner's date of birth, driver's license number, and date of the 
6.5 	offense; and
6.6 	(3) state with specificity the grounds upon which the petitioner seeks rescission of 
6.7 	the order of revocation, disqualification, or denial.
6.8 	(c) The filing of the petition does not stay the revocation, disqualification, or denial. 
6.9 	The reviewing court hearing officer may order a stay of the balance of the revocation or 
6.10 	disqualification if the hearing has not been conducted within 60 days after filing of the 
6.11 	petition upon terms the court hearing officer deems proper.
6.12 	(d) Judicial Reviews must be conducted according to the Rules of Civil Procedure, 
6.13 	except that sections 14.57 to 14.69 and Minnesota Rules, parts 1400.5010 to 1400.8401, 
6.14 	unless otherwise provided in this section.
6.15 	(e) Prehearing discovery is mandatory and is limited to:
6.16 	(1) the notice of revocation;
6.17 	(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
6.18 	(3) the peace officer's certificate and any accompanying documentation submitted by 
6.19 	the arresting officer to the commissioner; and
6.20 	(4) disclosure of potential witnesses, including experts, and the basis of their 
6.21 	testimony.
6.22 	Other types of discovery are available only upon order of the court administrative 
6.23 	law judge.
6.24 		Subd. 3.Judicial Administrative review hearing; issues, order, appeal. (a) A 
6.25 	judicial review hearing under this section must be before a district judge in any county in 
6.26 	the judicial district where the alleged offense occurred. The hearing is to the court and 
6.27 	may be conducted at the same time and in the same manner as hearings upon pretrial 
6.28 	motions in the criminal prosecution under section 169A.20 (driving while impaired), if 
6.29 	any. The hearing must be recorded. The commissioner shall appear and be represented by 
6.30 	the attorney general or through the prosecuting authority for the jurisdiction involved. The 
6.31 	hearing must be held at the earliest practicable date, and in any event no later than 60 days 
6.32 	following the filing of the petition for review. The judicial district administratorOffice of 
6.33 	Administrative Hearings shall establish procedures to ensure efficient compliance with 
6.34 	this subdivision. To accomplish this, the administratorOffice of Administrative Hearings 
6.35 	may, whenever possible, consolidate and transfer review hearings among the locations 
7.1 	within the judicial district where terms of district court are held and receive testimony and 
7.2 	argument by means of interactive television.
7.3 	(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
7.4 	(1) Did the peace officer have probable cause to believe the person was driving, 
7.5 	operating, or in physical control of a motor vehicle or commercial motor vehicle in 
7.6 	violation of section 169A.20 (driving while impaired)?
7.7 	(2) Was the person lawfully placed under arrest for violation of section 169A.20?
7.8 	(3) Was the person involved in a motor vehicle accident or collision resulting in 
7.9 	property damage, personal injury, or death?
7.10 	(4) Did the person refuse to take a screening test provided for by section 169A.41
7.11 	(preliminary screening test)?
7.12 	(5) If the screening test was administered, did the test indicate an alcohol 
7.13 	concentration of 0.08 or more?
7.14 	(6) At the time of the request for the test, did the peace officer inform the person 
7.15 	of the person's rights and the consequences of taking or refusing the test as required by 
7.16 	section 169A.51, subdivision 2?
7.17 	(7) Did the person refuse to permit the test?
7.18 	(8) If a test was taken by a person driving, operating, or in physical control of a 
7.19 	motor vehicle, did the test results indicate at the time of testing:
7.20 	(i) an alcohol concentration of 0.08 or more; or
7.21 	(ii) the presence of a controlled substance listed in schedule I or II or its metabolite, 
7.22 	other than marijuana or tetrahydrocannabinols?
7.23 	(9) If a test was taken by a person driving, operating, or in physical control of a 
7.24 	commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or 
7.25 	more at the time of testing?
7.26 	(10) Was the testing method used valid and reliable and were the test results 
7.27 	accurately evaluated?
7.28 	(c) It is an affirmative defense for the petitioner to prove that, at the time of the 
7.29 	refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
7.30 	(d) Certified or otherwise authenticated copies of laboratory or medical personnel 
7.31 	reports, records, documents, licenses, and certificates are admissible as substantive 
7.32 	evidence.
7.33 	(e) The court hearing officer shall order that the revocation or disqualification be 
7.34 	either rescinded or sustained and forward the order to the commissioner. The court hearing 
7.35 	officer shall file its the order within 14 days following the hearing. If the revocation or 
7.36 	disqualification is sustained, the court hearing officer shall also forward the person's 
8.1 	driver's license or permit to the commissioner for further action by the commissioner if the 
8.2 	license or permit is not already in the commissioner's possession.
8.3 	(f) Any party aggrieved by the decision of the reviewing court hearing officer may 
8.4 	appeal the decision as provided in the Rules of Appellate Procedure chapter 14.
8.5 	(g) The civil administrative review hearing under this section shall not give rise to 
8.6 	an estoppel on any issues arising from the same set of circumstances in any criminal 
8.7 	prosecution.

8.8 	EFFECTIVE DATE. This section is effective January 1, 2011.

8.9 	Sec. 3. Minnesota Statutes 2008, section 169A.60, subdivision 10, is amended to read:
8.10 		Subd. 10.Petition for judicial administrative  review hearing; appeal. (a) 
8.11 	Notwithstanding section 14.57and other law to the contrary, within 30 days following 
8.12 	receipt of a notice and order of impoundment under this section, a person may petition 
8.13 	the court Office of Administrative Hearings for review. The petition must include proof 
8.14 	of service of a copy of the petition on the commissioner. The petition must include the 
8.15 	petitioner's date of birth, driver's license number, and date of the plate impoundment 
8.16 	violation, as well as the name of the violator and the law enforcement agency that issued 
8.17 	the plate impoundment order. The petition must state with specificity the grounds upon 
8.18 	which the petitioner seeks rescission of the order for impoundment. The petition may be 
8.19 	combined with any petition filed under section 169A.53 (administrative and judicial
8.20 	review of license revocation).
8.21 	(b) Except as otherwise provided in this section, the judicial administrative review 
8.22 	and hearing are is governed by section 169A.53 and must take place at the same time as 
8.23 	any judicial review administrative review hearing of the person's license revocation under 
8.24 	section 169A.53. The filing of the petition does not stay the impoundment order. The 
8.25 	reviewing court hearing officer may order a stay of the balance of the impoundment period 
8.26 	if the hearing has not been conducted within 60 days after filing of the petition upon terms 
8.27 	the court hearing officer deems proper. The court hearing officer shall order either that the 
8.28 	impoundment be rescinded or sustained, and forward the order to the commissioner. The 
8.29 	court hearing officer shall file its order within 14 days following the hearing.
8.30 	(c) In addition to the issues described in section 169A.53, subdivision 3 (judicial
8.31 	administrative review of license revocation), the scope of a hearing under this subdivision 
8.32 	is limited to:
8.33 	(1) if the impoundment is based on a plate impoundment violation described in 
8.34 	subdivision 1, paragraph (d), clause (3) or (4), whether the peace officer had probable 
9.1 	cause to believe the violator committed the plate impoundment violation and whether the 
9.2 	evidence demonstrates that the plate impoundment violation occurred; and
9.3 	(2) for all other cases, whether the peace officer had probable cause to believe the 
9.4 	violator committed the plate impoundment violation.
9.5 	(d) In a hearing under this subdivision, the following records are admissible in 
9.6 	evidence:
9.7 	(1) certified copies of the violator's driving record; and
9.8 	(2) certified copies of vehicle registration records bearing the violator's name.
9.9 	(e) Any party aggrieved by the decision of the hearing officer may appeal the 
9.10 	decision as provided in chapter 14.

9.11 	EFFECTIVE DATE. This section is effective January 1, 2011.

9.12 	Sec. 4. [357.081] OFFICE OF ADMINISTRATIVE HEARINGS; FEE.
9.13 	The Office of Administrative Hearings shall charge and collect a filing fee of $310 
9.14 	from a person filing a petition for an administrative review of a driver's license revocation 
9.15 	under section 169A.53, vehicle impoundment under section 169A.60, or combined review. 
9.16 	Notwithstanding section 14.54, the Office of Administrative Hearings shall transmit the 
9.17 	fees monthly to the commissioner of management and budget for deposit in the state 
9.18 	treasury and credit to the general fund.

9.19 	EFFECTIVE DATE. This section is effective August 1, 2011.

9.20 	Sec. 5. RULEMAKING AUTHORITY.
 9.21 	The Office of Administrative Hearings shall adopt rules under Minnesota Statutes, 
9.22 	chapter 14, to implement sections 1 to 4. The rules must include, at a minimum, the 
9.23 	procedure for hearings in regional offices, and the use of teleconferencing and highly 
9.24 	qualified hearing officers. The Office of Administrative Hearings may adopt the initial set 
9.25 	of these rules as exempt rules under Minnesota Statutes, section 14.386. These rules are 
9.26 	permanent and effective upon publication in the state register until further amended or 
9.27 	repealed by the Office of Administrative Hearings.

9.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

9.29 	Sec. 6. REVISOR'S INSTRUCTION.
 9.30 	The revisor of statutes shall prepare a bill for introduction in the 2011 regular 
9.31 	legislative session making any technical and conforming changes to Minnesota Statutes 
9.32 	made necessary by sections 1 to 5.