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 2004,
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 	subdivision 2; 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 2004, 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, methamphetamine, and other
1.27 	drugs; and 
1.28 	(3) alcohol and drug abuse contribute to domestic violence
1.29 	and destroy families.
1.30 	The legislature considers the need to address the problem of
1.31 	alcohol abuse to be a high priority.  Furthermore, the
1.32 	legislature determines that the costs of fighting alcohol abuse
2.1 	should be funded by those who abuse alcohol and those who profit
2.2 	from its sale.  Consequently, the legislature is increasing the
2.3 	tax on the sale of alcohol to fund aggressive efforts to reduce
2.4 	impaired driving offenses and generally prevent crime, injury,
2.5 	and loss of life through chemical dependency prevention,
2.6 	screening, and treatment and through increased law enforcement,
2.7 	prosecution, and incarceration efforts.

2.8 	Sec. 2. Minnesota Statutes 2004, section 169A.275,
2.9 	subdivision 5, is amended to read:
2.10 		Subd. 5.Level of care recommended in chemical use
2.11 	assessment.  Unless the court commits the person to the custody
2.12 	of the commissioner of corrections as provided in section
2.13 	169A.276 (mandatory penalties; felony violations), in addition
2.14 	to other penalties required under this section, if the person
2.15 	has not already done so,the court shall order a person to
2.16 	submit to the level of care recommended in the chemical use
2.17 	assessment conducted under section 169A.70 (alcohol safety
2.18 	program; chemical use assessments) if the person:  (1) is
2.19 	convicted of violating section 169A.20 (driving while
2.20 	impaired) while having an alcohol concentration of 0.20 or more
2.21 	as measured at the time, or within two hours of the time, of the
2.22 	offense or if the violation occurs within ten years of one or
2.23 	more qualified prior impaired driving incidents ; or (2) is
2.24 	arrested for violating section 169A.20, but is convicted of
2.25 	another offense arising out of the circumstances surrounding the
2.26 	arrest.

2.27 	Sec. 3. Minnesota Statutes 2004, section 169A.284,
2.28 	subdivision 1, is amended to read:
2.29 		Subdivision 1.When required.  (a) When a court sentences
2.30 	a person convicted of an offense enumerated in section 169A.70,
2.31 	subdivision 2, paragraph (b), clause (1) or (2),(chemical use
2.32 	assessment; requirement; form), it shall impose a chemical
2.33 	dependency assessment charge of $125.  A person shall pay an
2.34 	additional surcharge of $5 if the person is convicted of a
2.35 	violation of section 169A.20 (driving while impaired) within
2.36 	five years of a prior impaired driving conviction or a prior
3.1 	conviction for an offense arising out of an arrest for a
3.2 	violation of section 169A.20 or Minnesota Statutes 1998, section
3.3 	169.121 (driver under influence of alcohol or controlled
3.4 	substance) or 169.129 (aggravated DWI-related violations;
3.5 	penalty).  This section applies when the sentence is executed,
3.6 	stayed, or suspended.  The court may not waive payment or
3.7 	authorize payment of the assessment charge and surcharge in
3.8 	installments unless it makes written findings on the record that
3.9 	the convicted person is indigent or that the assessment charge
3.10 	and surcharge would create undue hardship for the convicted
3.11 	person or that person's immediate family.
3.12 	(b) The chemical dependency assessment charge and surcharge
3.13 	required under this section are in addition to the surcharge
3.14 	required by section 357.021, subdivision 6 (surcharges on
3.15 	criminal and traffic offenders).

3.16 	Sec. 4. Minnesota Statutes 2004, section 169A.54,
3.17 	subdivision 11, is amended to read:
3.18 		Subd. 11.Chemical use assessment.  When the evidentiary
3.19 	test shows an alcohol concentration of 0.07 or more, that result
3.20 	must be reported to the commissioner.  The commissioner shall
3.21 	record that fact on the driver's record.  When the driver's
3.22 	record shows a second or subsequent report of an alcohol
3.23 	concentration of 0.07 or more within two years of a recorded
3.24 	report, the commissioner may require that the driver have a
3.25 	chemical use assessment meeting the commissioner's
3.26 	requirements and those of section 169A.70.  The assessment must
3.27 	be at the driver's expense.  In no event shall the commissioner
3.28 	deny the license of a person who refuses to take the assessment
3.29 	or to undertake treatment, if treatment is indicated by the
3.30 	assessment, for longer than 90 days.  If an assessment is made
3.31 	pursuant to this section, the commissioner may waive the
3.32 	assessment required by section 169A.70.

3.33 	Sec. 5. Minnesota Statutes 2004, section 169A.70,
3.34 	subdivision 2, is amended to read:
3.35 		Subd. 2.Chemical use assessment requirement. (a) As
3.36 	used in this subdivision, "violent crime" has the meaning given
4.1 	in section 609.133, subdivision 1.
4.2 	(b) A chemical use assessment must be conducted and an
4.3 	assessment report submitted to the court and to the Department
4.4 	of Public Safety by the county agency administering the alcohol
4.5 	safety program when:
4.6 	(1) the defendant is convicted of an offense described in
4.7 	section 169A.20 (driving while impaired), 169A.31
4.8 	(alcohol-related school bus and Head Start bus driving), or
4.9 	360.0752 (impaired aircraft operation); or 
4.10 	(2) the defendant is arrested for committing an offense
4.11 	described in clause (1) but is convicted of another offense
4.12 	arising out of the circumstances surrounding the arrest; or 
4.13 	(3) the defendant is convicted of a violent crime.

4.14 	Sec. 6. Minnesota Statutes 2004, section 169A.70,
4.15 	subdivision 3, is amended to read:
4.16 		Subd. 3.Assessment report.  (a) The assessment and
4.17 	assessment report for this section must be on a form prescribed
4.18 	by the commissioner and shall contain an evaluation of the
4.19 	convicted defendant concerning the defendant's prior traffic
4.20 	record, characteristics and history of alcohol and chemical use
4.21 	problems, and amenability to rehabilitation through the alcohol
4.22 	safety program.  The report is classified as private data on
4.23 	individuals as defined in section 13.02, subdivision 12.
4.24 	(b) The assessment report must include:
4.25 	(1) a recommended level of care for the offender in
4.26 	accordance with the criteria contained in rules adopted by the
4.27 	commissioner of human services under section 254A.03,
4.28 	subdivision 3 (chemical dependency treatment rules);
4.29 	(2) recommendations for other appropriate remedial action
4.30 	or care that may consist of educational programs, one-on-one
4.31 	counseling, a program or type of treatment that addresses mental
4.32 	health concerns, or a combination of them; or 
4.33 	(3) a specific explanation why no level of care or action
4.34 	was recommended meet the requirements of section 254A.03 and
4.35 	rules adopted under the authority granted in section 254A.10.
4.36 	Additionally, the assessment must include access to and review
5.1 	of criminal records and most recent arrest reports.

5.2 	Sec. 7. Minnesota Statutes 2004, section 169A.70, is
5.3 	amended by adding a subdivision to read:
5.4 		Subd. 6.Preconviction assessment. (a) The court may not
5.5 	accept a chemical use assessment conducted before conviction as
5.6 	a substitute for the assessment required by this section unless
5.7 	the court ensures that the preconviction assessment meets the
5.8 	standards set by sections 254A.03 and 254A.10.
5.9 	(b) If the commissioner of public safety is making a
5.10 	decision regarding reinstating a person's driver's license based
5.11 	on a chemical use assessment, the commissioner shall ensure that
5.12 	the assessment meets the standards described in this section.

5.13 	Sec. 8. Minnesota Statutes 2004, section 169A.70, is
5.14 	amended by adding a subdivision to read:
5.15 		Subd. 7.Timing of assessment. It is a strong preference
5.16 	that the interview with the offender be conducted while the
5.17 	offender is being initially held in custody after arrest.

5.18 	Sec. 9. Minnesota Statutes 2004, section 169A.70, is
5.19 	amended by adding a subdivision to read:
5.20 		Subd. 8.Court's authority to require assessments in
5.21 	other instances. A court having jurisdiction over a person in a
5.22 	juvenile, criminal, or civil proceeding may order that the
5.23 	person submit to a chemical use assessment under this section if
5.24 	the court has reason to believe that the person may have a
5.25 	chemical dependency problem.

5.26 	Sec. 10. Minnesota Statutes 2004, section 254B.01,
5.27 	subdivision 2, is amended to read:
5.28 		Subd. 2.American indian.  For purposes of services
5.29 	provided under section 254B.09, subdivision 7this chapter,
5.30 	"American Indian" means (1) a person who is a member of an
5.31 	Indian tribe, and the commissioner shall use the definitions of
5.32 	"Indian" and "Indian tribe" and "Indian organization" provided
5.33 	in Public Law 93-638.  For purposes of services provided under
5.34 	section 254B.09, subdivision 4, "American Indian" means or (2) a
5.35 	resident of federally recognized tribal lands who is recognized
5.36 	as an Indian person by the federally recognized tribal governing
6.1 	body.

6.2 	Sec. 11. Minnesota Statutes 2004, section 254B.02,
6.3 	subdivision 1, is amended to read:
6.4 		Subdivision 1.Chemical dependency treatment allocation.
 6.5 	The chemical dependency funds appropriated for allocation shall
6.6 	be placed in a special revenue account.  The commissioner shall
6.7 	annually transfer funds from the chemical dependency fund to pay
6.8 	for operation of the drug and alcohol abuse normative evaluation
6.9 	system and to pay for all costs incurred by adding two positions
6.10 	for licensing of chemical dependency treatment and
6.11 	rehabilitation programs located in hospitals for which funds are
6.12 	not otherwise appropriated. For each year of the biennium
6.13 	ending June 30, 1999, the commissioner shall allocate funds to
6.14 	the American Indian chemical dependency tribal account for
6.15 	treatment of American Indians by eligible vendors under section
6.16 	254B.05, equal to the amount allocated in fiscal year 1997.  The
6.17 	commissioner shall annually divide the money available in the
6.18 	chemical dependency fund that is not held in reserve by counties
6.19 	from a previous allocation, or allocated to the American Indian
6.20 	chemical dependency tribal account.  Six percent of the
6.21 	remaining money must be reserved for the nonreservation American
6.22 	Indian chemical dependency allocation for treatment of American
6.23 	Indians by eligible vendors under section 254B.05, subdivision
6.24 	1.  The remainder of the money must be allocated among the
6.25 	counties according to the following formula, using state
6.26 	demographer data and other data sources determined by the
6.27 	commissioner:
6.28 	(a) For purposes of this formula, American Indians and
6.29 	children under age 14 are subtracted from the population of each
6.30 	county to determine the restricted population.
6.31 	(b) The amount of chemical dependency fund expenditures for
6.32 	entitled persons for services not covered by prepaid plans
6.33 	governed by section 256B.69 in the previous year is divided by
6.34 	the amount of chemical dependency fund expenditures for entitled
6.35 	persons for all services to determine the proportion of exempt
6.36 	service expenditures for each county.
7.1 	(c) The prepaid plan months of eligibility is multiplied by
7.2 	the proportion of exempt service expenditures to determine the
7.3 	adjusted prepaid plan months of eligibility for each county.
7.4 	(d) The adjusted prepaid plan months of eligibility is
7.5 	added to the number of restricted population fee for service
7.6 	months of eligibility for the Minnesota family investment
7.7 	program, general assistance, and medical assistance and divided
7.8 	by the county restricted population to determine county per
7.9 	capita months of covered service eligibility.
7.10 	(e) The number of adjusted prepaid plan months of
7.11 	eligibility for the state is added to the number of fee for
7.12 	service months of eligibility for the Minnesota family
7.13 	investment program, general assistance, and medical assistance
7.14 	for the state restricted population and divided by the state
7.15 	restricted population to determine state per capita months of
7.16 	covered service eligibility.
7.17 	(f) The county per capita months of covered service
7.18 	eligibility is divided by the state per capita months of covered
7.19 	service eligibility to determine the county welfare caseload
7.20 	factor.
7.21 	(g) The median married couple income for the most recent
7.22 	three-year period available for the state is divided by the
7.23 	median married couple income for the same period for each county
7.24 	to determine the income factor for each county.
7.25 	(h) The county restricted population is multiplied by the
7.26 	sum of the county welfare caseload factor and the county income
7.27 	factor to determine the adjusted population.
7.28 	(i) $15,000 shall be allocated to each county.
7.29 	(j) The remaining funds shall be allocated proportional to
7.30 	the county adjusted population.

7.31 	Sec. 12. Minnesota Statutes 2004, section 254B.03,
7.32 	subdivision 1, is amended to read:
7.33 		Subdivision 1.Local agency duties.  (a) Every local
7.34 	agency shall provide chemical dependency services to persons
7.35 	residing within its jurisdiction who meet criteria established
7.36 	by the commissioner for placement in a chemical dependency
8.1 	residential or nonresidential treatment service.  Chemical
8.2 	dependency money must be administered by the local agencies
8.3 	according to law and rules adopted by the commissioner under
8.4 	sections 14.001 to 14.69.
8.5 	(b) In order to contain costs, the county board shall, with
8.6 	the approval of the commissioner of human services, select
8.7 	eligible vendors of chemical dependency services who can provide
8.8 	economical and appropriate treatment.  Unless the local agency
8.9 	is a social services department directly administered by a
8.10 	county or human services board, the local agency shall not be an
8.11 	eligible vendor under section 254B.05.  The commissioner may
8.12 	approve proposals from county boards to provide services in an
8.13 	economical manner or to control utilization, with safeguards to
8.14 	ensure that necessary services are provided.  If a county
8.15 	implements a demonstration or experimental medical services
8.16 	funding plan, the commissioner shall transfer the money as
8.17 	appropriate.  If a county selects a vendor located in another
8.18 	state, the county shall ensure that the vendor is in compliance
8.19 	with the rules governing licensure of programs located in the
8.20 	state.
8.21 	(c) The calendar year 2002 rate for vendors may not
8.22 	increase more than three percent above the rate approved in
8.23 	effect on January 1, 2001.  The calendar year 2003 rate for
8.24 	vendors may not increase more than three percent above the rate
8.25 	in effect on January 1, 2002.  The calendar years 2004 and 2005
8.26 	rates may not exceed the rate in effect on January 1, 2003.
8.27 	(d) A culturally specific vendor that provides assessments
8.28 	under a variance under Minnesota Rules, part 9530.6610, shall be
8.29 	allowed to provide assessment services to persons not covered by
8.30 	the variance.

8.31 	Sec. 13. Minnesota Statutes 2004, section 254B.03,
8.32 	subdivision 4, is amended to read:
8.33 		Subd. 4.Division of costs.  Except for services provided
8.34 	by a county under section 254B.09, subdivision 1, or services
8.35 	provided under section 256B.69 or 256D.03, subdivision 4,
8.36 	paragraph (b), the county shall, out of local money, pay the
9.1 	state for 15 five percent of the cost of chemical dependency
9.2 	services, including those services provided to persons eligible
9.3 	for medical assistance under chapter 256B and general assistance
9.4 	medical care under chapter 256D.  Counties may use the indigent
9.5 	hospitalization levy for treatment and hospital payments made
9.6 	under this section. Fifteen Five percent of any state
9.7 	collections from private or third-party pay, less 15 five 
9.8 	percent of the cost of payment and collections, must be
9.9 	distributed to the county that paid for a portion of the
9.10 	treatment under this section. If all funds allocated according
9.11 	to section 254B.02 are exhausted by a county and the county has
9.12 	met or exceeded the base level of expenditures under section
9.13 	254B.02, subdivision 3, the county shall pay the state for 15
9.14 	percent of the costs paid by the state under this section.  The
9.15 	commissioner may refuse to pay state funds for services to
9.16 	persons not eligible under section 254B.04, subdivision 1, if
9.17 	the county financially responsible for the persons has exhausted
9.18 	its allocation.

9.19 	Sec. 14. Minnesota Statutes 2004, section 254B.04,
9.20 	subdivision 1, is amended to read:
9.21 		Subdivision 1.Eligibility.  (a) Persons eligible for
9.22 	benefits under Code of Federal Regulations, title 25, part 20,
9.23 	persons eligible for medical assistance benefits under sections
9.24 	256B.055, 256B.056, and 256B.057, subdivisions 1, 2, 5, and 6,
9.25 	or who meet the income standards of section 256B.056,
9.26 	subdivision 4, and persons eligible for general assistance
9.27 	medical care under section 256D.03, subdivision 3, are entitled
9.28 	to chemical dependency fund services. State money appropriated
9.29 	for this paragraph must be placed in a separate account
9.30 	established for this purpose.
9.31 	Persons with dependent children who are determined to be in
9.32 	need of chemical dependency treatment pursuant to an assessment
9.33 	under section 626.556, subdivision 10, or a case plan under
9.34 	section 260C.201, subdivision 6, or 260C.212, shall be assisted
9.35 	by the local agency to access needed treatment services.
9.36 	Treatment services must be appropriate for the individual or
10.1 	family, which may include long-term care treatment or treatment
10.2 	in a facility that allows the dependent children to stay in the
10.3 	treatment facility.  The county shall pay for out-of-home
10.4 	placement costs, if applicable.
10.5 	(b) A person not entitled to services under paragraph (a),
10.6 	but with family income that is less than 215 percent of the
10.7 	federal poverty guidelines for the applicable family size, shall
10.8 	be eligible to receive chemical dependency fund services within
10.9 	the limit of funds appropriated for this group for the fiscal
10.10 	year.  If notified by the state agency of limited funds, a
10.11 	county must give preferential treatment to persons with
10.12 	dependent children who are in need of chemical dependency
10.13 	treatment pursuant to an assessment under section 626.556,
10.14 	subdivision 10, or a case plan under section 260C.201,
10.15 	subdivision 6, or 260C.212.  A county may spend money from its
10.16 	own sources to serve persons under this paragraph.  State money
10.17 	appropriated for this paragraph must be placed in a separate
10.18 	account established for this purpose.
10.19 	(c) Persons whose income is between 215 percent and 412
10.20 	percent of the federal poverty guidelines for the applicable
10.21 	family size shall be eligible for chemical dependency services
10.22 	on a sliding fee basis, within the limit of funds appropriated
10.23 	for this group for the fiscal year.  Persons eligible under this
10.24 	paragraph must contribute to the cost of services according to
10.25 	the sliding fee scale established under subdivision 3. A county
10.26 	may spend money from its own sources to provide services to
10.27 	persons under this paragraph.  State money appropriated for this
10.28 	paragraph must be placed in a separate account established for
10.29 	this purpose.

10.30 	Sec. 15. Minnesota Statutes 2004, section 254B.04,
10.31 	subdivision 3, is amended to read:
10.32 		Subd. 3.Amount of contribution.  The commissioner shall
10.33 	adopt a sliding fee scale to determine the amount of
10.34 	contribution to be required from persons under this section.
10.35 	The commissioner may adopt rules to amend existing fee scales.
10.36 	The commissioner may establish a separate fee scale for
11.1 	recipients of chemical dependency transitional and extended care
11.2 	rehabilitation services that provides for the collection of fees
11.3 	for board and lodging expenses.  The fee schedule shall ensure
11.4 	that employed persons are allowed the income disregards and
11.5 	savings accounts that are allowed residents of community mental
11.6 	illness facilities under section 256D.06, subdivisions 1 and
11.7 	1b. The fee scale must not provide assistance to persons whose
11.8 	income is more than 115 percent of the state median income.
11.9 	Payments of liabilities under this section are medical expenses
11.10 	for purposes of determining spenddown under sections 256B.055,
11.11 	256B.056, 256B.06, and 256D.01 to 256D.21.  The required amount
11.12 	of contribution established by the fee scale in this subdivision
11.13 	is also the cost of care responsibility subject to collection
11.14 	under section 254B.06, subdivision 1.

11.15 	Sec. 16. Minnesota Statutes 2004, section 254B.06,
11.16 	subdivision 1, is amended to read:
11.17 		Subdivision 1.State collections.  The commissioner is
11.18 	responsible for all collections from persons determined to be
11.19 	partially responsible for the cost of care of an eligible person
11.20 	receiving services under Laws 1986, chapter 394, sections 8 to
11.21 	20 this chapter.  The commissioner may initiate, or request the
11.22 	attorney general to initiate, necessary civil action to recover
11.23 	the unpaid cost of care.  The commissioner may collect all
11.24 	third-party payments for chemical dependency services provided
11.25 	under Laws 1986, chapter 394, sections 8 to 20 this chapter,
11.26 	including private insurance and federal Medicaid and Medicare
11.27 	financial participation.  The commissioner shall deposit in a
11.28 	dedicated account a percentage of collections to pay for the
11.29 	cost of operating the chemical dependency consolidated treatment
11.30 	fund invoice processing and vendor payment system, billing, and
11.31 	collections.  The remaining receipts must be deposited in the
11.32 	chemical dependency fund.

11.33 	Sec. 17. Minnesota Statutes 2004, section 254B.06,
11.34 	subdivision 2, is amended to read:
11.35 		Subd. 2.Allocation of collections.  The commissioner
11.36 	shall allocate all federal financial participation collections
12.1 	to the reserve chemical dependency fund under section 254B.02,
12.2 	subdivision 3 1.  The commissioner shall retain 85 95 percent of
12.3 	patient payments and third-party payments and allocate the
12.4 	collections to the treatment allocation for the county that is
12.5 	financially responsible for the person. Fifteen Five percent of
12.6 	patient and third-party payments must be paid to the county
12.7 	financially responsible for the patient.  Collections for
12.8 	patient payment and third-party payment for services provided
12.9 	under section 254B.09 shall be allocated to the allocation of
12.10 	the tribal unit which placed the person.  Collections of federal
12.11 	financial participation for services provided under section
12.12 	254B.09 shall be allocated to the tribal reserve account 
12.13 	chemical dependency fund under section 254B.09 254B.02,
12.14 	subdivision 5 1.

12.15 	Sec. 18. Minnesota Statutes 2004, section 297G.03,
12.16 	subdivision 1, is amended to read:
12.17 		Subdivision 1.General rate; distilled spirits and wine.
 12.18 	The following excise tax is imposed on all distilled spirits and
12.19 	wine manufactured, imported, sold, or possessed in this state:
12.20 	Standard             Metric
12.21 	(a) Distilled spirits, $5.03 $17.69 $1.33 $4.73 
12.22 	liqueurs, cordials,         per gallon         per liter
12.23 	and specialties regardless
12.24 	of alcohol content
12.25 	(excluding ethyl alcohol)
12.26 	(b) Wine containing $ .30 $2.40 $ .08 $0.64 
12.27 	14 percent or less          per gallon         per liter
12.28 	alcohol by volume
12.29 	(except cider as defined
12.30 	in section 297G.01,
12.31 	subdivision 3a)
12.32 	(c) Wine containing $ .95 $3.01 $ .25 $0.81 
12.33 	more than 14 percent        per gallon         per liter
12.34 	but not more than 21
12.35 	percent alcohol by volume
12.36 	(d) Wine containing more $1.82 $3.88 $ .48 $1.04 
13.1 	than 21 percent but not     per gallon         per liter
13.2 	more than 24 percent
13.3 	alcohol by volume
13.4 	(e) Wine containing more $3.52 $5.56 $ .93 $1.49 
13.5 	than 24 percent alcohol     per gallon         per liter
13.6 	by volume
13.7 	(f) Natural and $1.82 $3.88 $ .48 $1.04 
13.8 	artificial sparkling wines  per gallon         per liter
13.9 	containing alcohol
13.10 	(g) Cider as defined in $ .15 $2.25 $ .04 $0.60 
13.11 	section 297G.01,            per gallon         per liter
13.12 	subdivision 3a
13.13 	(h) Low alcohol dairy       $ .08 per gallon   $ .02 per liter
13.14 	cocktails
13.15 	In computing the tax on a package of distilled spirits or
13.16 	wine, a proportional tax at a like rate on all fractional parts
13.17 	of a gallon or liter must be paid, except that the tax on a
13.18 	fractional part of a gallon less than 1/16 of a gallon is the
13.19 	same as for 1/16 of a gallon.

13.20 	Sec. 19. Minnesota Statutes 2004, section 297G.03,
13.21 	subdivision 2, is amended to read:
13.22 		Subd. 2.Tax on miniatures; distilled spirits.  The tax
13.23 	on miniatures is 14 24 cents per bottle.

13.24 	Sec. 20. Minnesota Statutes 2004, section 297G.04,
13.25 	subdivision 1, is amended to read:
13.26 		Subdivision 1.Tax imposed.  The following excise tax is
13.27 	imposed on all fermented malt beverages that are imported,
13.28 	directly or indirectly sold, or possessed in this state:
13.29 	(1) on fermented malt beverages containing not more than
13.30 	3.2 percent alcohol by weight, $2.40 $35.32 per 31-gallon
13.31 	barrel; and
13.32 	(2) on fermented malt beverages containing more than 3.2
13.33 	percent alcohol by weight, $4.60 $37.52 per 31-gallon barrel.
13.34 	For fractions of a 31-gallon barrel, the tax rate is
13.35 	calculated proportionally.

13.36 	Sec. 21. Minnesota Statutes 2004, section 297G.04,
14.1 	subdivision 2, is amended to read:
14.2 		Subd. 2.Tax credit.  A qualified brewer producing
14.3 	fermented malt beverages is entitled to a tax credit
14.4 	of $4.60 $37.52 per barrel on 25,000 barrels sold in any fiscal
14.5 	year beginning July 1, regardless of the alcohol content of the
14.6 	product.  Qualified brewers may take the credit on the 18th day
14.7 	of each month, but the total credit allowed may not exceed in
14.8 	any fiscal year the lesser of:
14.9 	(1) the liability for tax; or
14.10 	(2) $115,000.
14.11 	For purposes of this subdivision, a "qualified brewer"
14.12 	means a brewer, whether or not located in this state,
14.13 	manufacturing less than 100,000 barrels of fermented malt
14.14 	beverages in the calendar year immediately preceding the
14.15 	calendar year for which the credit under this subdivision is
14.16 	claimed.  In determining the number of barrels, all brands or
14.17 	labels of a brewer must be combined.  All facilities for the
14.18 	manufacture of fermented malt beverages owned or controlled by
14.19 	the same person, corporation, or other entity must be treated as
14.20 	a single brewer.

14.21 	Sec. 22. Minnesota Statutes 2004, section 299A.62,
14.22 	subdivision 1, is amended to read:
14.23 		Subdivision 1.Program established.  (a) A
14.24 	community-oriented policing grant program is established under
14.25 	the administration of the commissioner of public safety.
14.26 	(b) Grants may be awarded as provided in subdivision 2 for
14.27 	the following purposes:
14.28 	(1) to enable local law enforcement agencies to hire law
14.29 	enforcement officers.  The grants must be used by law
14.30 	enforcement agencies to increase the complement of officers in
14.31 	the agency by paying the salaries of new officers who replace an
14.32 	existing officer who has been reassigned primarily to
14.33 	investigate and prevent impaired driving crimes, domestic
14.34 	violence crimes, or juvenile crime or to perform
14.35 	community-oriented policing duties;
14.36 	(2) to enable local law enforcement agencies to assign
15.1 	overtime officers to high crime areas within their
15.2 	jurisdictions; and
15.3 	(3) to enable local law enforcement agencies to implement
15.4 	or expand community-oriented policing projects, liaison efforts
15.5 	with local school districts, and other innovative community
15.6 	policing initiatives.
15.7 	(c) Grants under paragraph (b), clause (3), for community
15.8 	policing activities must be provided for areas with high crime
15.9 	rates and gang, drug, or prostitution activity, for programs
15.10 	that:
15.11 	(1) include education and training for both peace officers
15.12 	and the community on community policing initiatives;
15.13 	(2) assign designated peace officers for a period of at
15.14 	least one year to work exclusively in the area where the
15.15 	enhanced community policing efforts will take place; and 
15.16 	(3) include regular community meetings with the designated
15.17 	peace officers, prosecuting authorities, judges with
15.18 	jurisdiction in the area, and community members to further law
15.19 	enforcement outreach efforts.

15.20 	Sec. 23. Minnesota Statutes 2004, section 299A.62,
15.21 	subdivision 2, is amended to read:
15.22 		Subd. 2.Awarding grant. (a) Grants under this section
15.23 	shall must be awarded by the commissioner of public safety.
15.24 	Before any grants are awarded, a committee consisting of the
15.25 	attorney general, and representatives from the Minnesota Chiefs
15.26 	of Police Association, the Minnesota Sheriffs Association, and
15.27 	the Minnesota Police and Peace Officers Association, shall
15.28 	evaluate the grant applications.  Before grants are awarded, the
15.29 	commissioner shall meet and consult with the committee
15.30 	concerning its evaluation of and recommendations on grant
15.31 	proposals.
15.32 	(b) A grant under subdivision 1, paragraph (b), clause (1),
15.33 	may be awarded only to a law enforcement agency that
15.34 	demonstrates in its application that it currently has a need for
15.35 	an additional officer to be assigned to:
15.36 	(1) community-oriented policing duties; or 
16.1 	(2) the investigation and prevention of juvenile crime,
16.2 	based on the juvenile crime rate in the area over which the
16.3 	agency has jurisdiction;
16.4 	(3) the investigation and prevention of impaired driving
16.5 	crimes; or 
16.6 	(4) the investigation and prevention of domestic violence
16.7 	crimes.
16.8 	(c) More than one grant under subdivision 1, paragraph (b),
16.9 	clause (1), may be awarded to an agency; however, each grant may
16.10 	fund only one position.  At least 50 percent of the grants
16.11 	awarded under subdivision 1, paragraph (b), clause (1), must be
16.12 	awarded to the cities of Minneapolis and St. Paul.

16.13 	Sec. 24. [373.50] REQUIREMENT TO PROVIDE CHEMICAL
16.14 	DEPENDENCY TREATMENT.
16.15 	The state shall provide adequate funding for counties to
16.16 	provide comprehensive, needs-specific chemical dependency
16.17 	treatment programs and services to individuals within the
16.18 	county's criminal justice system.  The programs and services
16.19 	must take into account the fact that the person has committed a
16.20 	criminal offense and other issues including the individual's
16.21 	gender, ethnic, cultural, and mental health needs.

16.22 	Sec. 25. Minnesota Statutes 2004, section 609.115,
16.23 	subdivision 8, is amended to read:
16.24 		Subd. 8.Chemical use assessment required.  (a) If a
16.25 	person is convicted of a felony, the probation officer shall
16.26 	determine in the report prepared under subdivision 1 whether or
16.27 	not alcohol or drug use was a contributing factor to the
16.28 	commission of the offense.  If so, the report shall contain the
16.29 	results of a chemical use assessment conducted in accordance
16.30 	with this subdivision.  The probation officer shall make an
16.31 	appointment for the defendant to undergo the chemical use
16.32 	assessment if so indicated. If the person is convicted of a
16.33 	violent crime as defined in section 609.133, subdivision 1, the
16.34 	provisions of that section apply.
16.35 	(b) The chemical use assessment report must include a
16.36 	recommended level of care for the defendant in accordance with
17.1 	the criteria contained in rules adopted by the commissioner of
17.2 	human services under section 254A.03, subdivision 3.  The
17.3 	assessment must be conducted by an assessor qualified under
17.4 	rules adopted by the commissioner of human services under
17.5 	section 254A.03, subdivision 3.  An assessor providing a
17.6 	chemical use assessment may not have any direct or shared
17.7 	financial interest or referral relationship resulting in shared
17.8 	financial gain with a treatment provider.  If an independent
17.9 	assessor is not available, the probation officer may use the
17.10 	services of an assessor authorized to perform assessments for
17.11 	the county social services agency under a variance granted under
17.12 	rules adopted by the commissioner of human services under
17.13 	section 254A.03, subdivision 3.
17.14 	(c) A chemical use assessment and report conducted under
17.15 	this subdivision must meet the standards described in section
17.16 	169A.70.

17.17 	Sec. 26. [609.133] CHEMICAL DEPENDENCY TREATMENT;
17.18 	ASSESSMENT CHARGE.
17.19 		Subdivision 1.Definition. As used in this section,
17.20 	"violent crime" has the meaning given in section 609.1095,
17.21 	subdivision 1.  The term also includes violations of sections
17.22 	609.2231, 609.224, and 609.2242.
17.23 		Subd. 2.Assessment conducted. The court shall ensure
17.24 	that a chemical use assessment is conducted on a person
17.25 	convicted of a violent crime as required in section 169A.70,
17.26 	subdivision 2.
17.27 		Subd. 3.Charge. (a) When a court sentences a person
17.28 	convicted of a violent crime, it shall impose a chemical
17.29 	dependency assessment charge of $125.  The court may not waive
17.30 	payment or authorize payment of the assessment charge in
17.31 	installments unless it makes written findings on the record that
17.32 	the convicted person is indigent or that the assessment charge
17.33 	would create undue hardship for the convicted person or that
17.34 	person's immediate family.
17.35 	(b) The county shall collect and forward to the
17.36 	commissioner of finance $25 of the chemical dependency
18.1 	assessment charge within 60 days after sentencing or explain to
18.2 	the commissioner in writing why the money was not forwarded
18.3 	within this time period.  The commissioner shall credit the
18.4 	money to the general fund.  The county shall collect and keep
18.5 	$100 of the chemical dependency assessment charge.
18.6 	(c) The chemical dependency assessment charge required
18.7 	under this section is in addition to the surcharge required by
18.8 	section 357.021, subdivision 6.

18.9 	Sec. 27. Minnesota Statutes 2004, section 609.135, is
18.10 	amended by adding a subdivision to read:
18.11 		Subd. 9.Certain persons to receive mandatory chemical
18.12 	dependency treatment. If a court stays the imposition or
18.13 	execution of sentence for a person convicted of a violent crime
18.14 	as defined in section 609.133, subdivision 1, as a condition of
18.15 	probation and in addition to any other conditions imposed, the
18.16 	court shall order the person to submit to the level of care
18.17 	recommended in the chemical use assessment described in section
18.18 	169A.70, unless there are compelling reasons to do otherwise.

18.19 	Sec. 28. JUDICIAL TRAINING.
 18.20 	The Supreme Court shall include in its judicial education
18.21 	program training relating to a judge's powers and duties
18.22 	regarding chemical use assessments.

18.23 	Sec. 29. APPROPRIATIONS.
 18.24 	(a) $....... for the fiscal year ending June 30, 2006,
18.25 	which is the first year, and $....... for the fiscal year ending
18.26 	June 30, 2007, which is the second year, are appropriated from
18.27 	the general fund to the commissioner of public safety.  Of these
18.28 	amounts:
18.29 	(1) $....... the first year and $....... the second year
18.30 	are to increase the complement of state troopers assigned to
18.31 	enforcing laws on driving while impaired;
18.32 	(2) $....... the first year and $....... the second year
18.33 	are for grants under Minnesota Statutes, section 299A.62,
18.34 	subdivision 1, paragraph (b), clause (1), to hire law
18.35 	enforcement officers to increase law enforcement efforts
18.36 	targeting crimes for driving while impaired;
19.1 	(3) $....... the first year and $....... the second year
19.2 	are for grants to local units of government to conduct
19.3 	compliance checks for on-sale and off-sale intoxicating liquor
19.4 	license holders to determine whether the license holder is
19.5 	complying with Minnesota Statutes, section 340A.503;
19.6 	(4) $....... the first year and $....... the second year
19.7 	are for community policing grants under Minnesota Statutes,
19.8 	section 299A.62, subdivision 1, paragraph (b), clause (3); and 
19.9 	(5) $....... the first year and $....... the second year
19.10 	are for grants to prevent domestic violence and to provide
19.11 	services to victims of domestic violence.
19.12 	The commissioner shall develop criteria for awarding grants
19.13 	under clause (3).  Notwithstanding Minnesota Statutes, section
19.14 	299A.62, subdivision 2, more than 50 percent of the grants
19.15 	described in clause (2) may be made to government entities other
19.16 	than Minneapolis and St. Paul.  By September 30, 2006, each law
19.17 	enforcement agency receiving a grant under clause (4) shall
19.18 	provide a written report to the commissioner of public safety
19.19 	describing how the grant was used and evaluating the
19.20 	effectiveness of the enhanced community policing provided under
19.21 	this grant.  By December 15, 2006, the commissioner of public
19.22 	safety shall report to the chairs and ranking minority leaders
19.23 	of the house and senate committees with jurisdiction over
19.24 	criminal justice policy and funding on distribution of grants
19.25 	under clause (4).  This report also shall summarize the
19.26 	information provided to the commissioner by the law enforcement
19.27 	agencies receiving grants.
19.28 	(b) $....... for the fiscal year ending June 30, 2006, the
19.29 	first year, and $....... for the fiscal year ending June 30,
19.30 	2007, the second year, are appropriated from the general fund to
19.31 	the commissioner of corrections.  Of these amounts:
19.32 	(1) $....... the first year and $....... the second year
19.33 	are for grants under Minnesota Statutes, section 241.022,
19.34 	subdivisions 1 and 2, for costs associated with incarcerating
19.35 	impaired driving offenders and providing programming for these
19.36 	offenders;
20.1 	(2) $....... the first year and $....... the second year
20.2 	are for the department's costs associated with incarcerating
20.3 	felony impaired driving offenders and providing programs for
20.4 	these offenders;
20.5 	(3) $....... the first year and $....... the second year
20.6 	are for grants to counties to establish and operate intensive
20.7 	probation programs for repeat impaired driving offenders under
20.8 	Minnesota Statutes, section 169A.74; and 
20.9 	(4) $....... the first year and $....... the second year
20.10 	are:
20.11 	(i) for increased chemical dependency treatment programs at
20.12 	state prisons; and 
20.13 	(ii) to provide appropriate chemical dependency treatment,
20.14 	including aftercare services in Minnesota Statutes, section
20.15 	254B.01, subdivision 3, for offenders on supervised release.
20.16 	The commissioner shall cooperate with the commissioners of
20.17 	public safety and human services as required in Minnesota
20.18 	Statutes, section 169A.74, subdivision 1, when making the grants
20.19 	described in clause (3).
20.20 	(c) $....... for the fiscal year ending June 30, 2006, and
20.21 	$....... for the fiscal year ending June 30, 2007, are
20.22 	appropriated from the general fund to the commissioner of human
20.23 	services.  Of these amounts:
20.24 	(1) $....... the first year and $....... the second year
20.25 	are to reimburse counties for detoxification and detoxification
20.26 	transportation services; and 
20.27 	(2) $....... the first year and $....... the second year
20.28 	are for the purpose of fully funding Minnesota Statutes, section
20.29 	254B.04, subdivision 1.  This appropriation must become part of
20.30 	the base appropriation for this program.
20.31 	(d) $....... for the fiscal year ending June 30, 2006, the
20.32 	first year, and $....... for the fiscal year ending June 30,
20.33 	2007, the second year, are appropriated from the general fund to
20.34 	the chief justice of the Supreme Court.  Of these amounts:
20.35 	(1) $....... the first year and $....... the second year
20.36 	are for the increased training described in section 30; and 
21.1 	(2) $....... the first year and $....... the second year
21.2 	are for grants to counties for court services and correctional
21.3 	costs related to conducting chemical use assessments.
21.4 	(e) $....... for the fiscal year ending June 30, 2006, and
21.5 	$....... for the fiscal year ending June 30, 2007, are
21.6 	appropriated from the general fund to the commissioner of
21.7 	health.  Of these amounts:
21.8 	(1) $....... the first year and $....... the second year
21.9 	are for health screenings for children and vulnerable adults
21.10 	residing or found at methamphetamine manufacturing sites;
21.11 	(2) $....... the first year and $....... the second year
21.12 	are for grants to county health boards for methamphetamine abuse
21.13 	prevention efforts; and 
21.14 	(3) $....... the first year and $....... the second year
21.15 	are for education and prevention initiatives designed to
21.16 	eliminate underage drinking.

21.17 	Sec. 30. REPEALER.
 21.18 	Minnesota Statutes 2004, sections 254B.02, subdivisions 2,
21.19 	3, and 4; and 254B.09, subdivisions 4, 5, and 7, are repealed.

21.20 	Sec. 31. EFFECTIVE DATE.
 21.21 	Sections 2 to 9 and 25 to 27 are effective August 1, 2005,
21.22 	and apply to crimes committed on or after that date.  Sections
21.23 	18 to 21 are effective for taxes imposed after June 30, 2005.