|Senate Counsel & Research||State of Minnesota|
|S.F. No. 1022 -Increasing the Tax on Alcoholic Beverages; Fully Funding Chemical Dependency Treatment Programs; Impaired Driving and Chemical Use Assessment Provisions|
|Author:||Senator John Marty|
|Prepared by:||Chris Turner, Senate Research (651/296-4350)|
|Date:||February 20, 2007|
The bill increases the alcohol excise tax on liquor, wine, and beer by the point of sale
equivalent of ten cents per drink. This is an excise tax levied at the wholesale level. It is not a sales
tax levied directly on consumers or retailers. The increase in the excise tax is used to fund
aggressive efforts to reduce impaired driving offenses through chemical dependency prevention,
screening, treatment, and through increased law enforcement, prosecution, and incarceration efforts.
Section 1 provides legislative findings on the cost of drug and alcohol abuse to society and the legislative intent to defray those costs with an increase in the alcohol excise tax.
Section 2 requires all DUI offenders, as well as offenders convicted of another offense arising out of the circumstances surrounding the arrest, to submit to the level of care recommended in their chemical use assessments. Under current law, only repeat offenders and offenders with a blood alcohol content of 0.20 or more must comply with the recommendations of the chemical use assessment.
Section 3 is a technical conforming amendment with section 5.
Section 4 provides that chemical use assessments authorized by the commissioner, when a driver's record shows a second or subsequent report of a blood alcohol content of 0.07 or more within two years of a prior recorded report, comply with the assessment requirements in Minnesota Statutes, section 169.70.
Section 5 provides that persons convicted of a violent crime must undergo a chemical use assessment. Defines "violent crime" as the crimes listed in Minnesota Statutes, section 609.1095, plus assault in the fourth degree, assault in the fifth degree, and domestic assault.
Section 6 requires that chemical use assessments include the defendant's prior criminal record, a diagnosis of the nature of the offender's chemical and alcohol involvement, an assessment of the offender's placement needs, and recommendations for other appropriate remedial action or care, including aftercare.
Section 7 prohibits the court and the Department of Public Safety from using chemical dependency assessments that do not meet the requirements specified in Minnesota Statutes, section 169A.70.
Section 8 provides that chemical use assessments be completed at the earliest time possible, preferably while the offender is being initially held in custody after arrest.
Section 9 allows the court to require a chemical use assessment of any person under its jurisdiction in a juvenile, criminal, or civil proceeding.
Sections 10 to 17 strike, and section 30 repeal current law under Minnesota Statutes, chapter 254B, regarding the current chemical dependency treatment funding allocation to conform with the full funding of chemical dependency treatment programs by the Department of Human Services in section 29, paragraph (c).
Under the bill, local agency chemical dependency treatment duties remain the same (section 12) while the county share of treatment costs falls from 15 percent to five percent (sections 13 and 17). Income requirements for nonentitlement services are eliminated (section 14), though the sliding fee for nonentitlement services remains in place (sections 15 and 16).
Sections 18 and 19 increase the alcohol excise tax on all distilled spirits and wine manufactured, imported, sold, or possessed in the state. The excise tax increase is intended to be the equivalent of a point-of-sale increase of ten cents per drink.
Section 20 increases the alcohol excise tax on all fermented malt beverages that are imported, directly or indirectly sold, or possessed in the state. The excise tax increase is intended to be the equivalent of a point-of-sale increase of ten cents per drink.
Section 21 increases the brewer's tax credit to conform with the increase in the excise tax on beer. The tax credit applies brewers who manufacture less than 100,000 barrels of beer annually.
Sections 22 and 23 expand the funding criteria for the community-oriented policing grant program under the Department of Public Safety to include the hiring of extra peace officers to investigate and prevent impaired driving and domestic violence crimes and grants for community policing in areas with high crime rates, gang, drug or prostitution activity. Grants for the latter must include education and training for peace officers and the community, the assignment of designated peace officers for at least a year in an exclusive area, and community outreach programs.
Section 24 requires the state to fund and the counties to provide comprehensive chemical dependency treatment programs and services to individuals within the criminal justice system.
Sections 25 and 26 require that presentence investigations for persons convicted of a violent crime as defined in Minnesota Statutes, section 609.1095, subdivision 1, assault in the fourth degree, assault in the fifth degree, or domestic assault, include chemical use assessments. The offender is liable for the cost of the assessment. Payment is in addition to the criminal surcharge under Minnesota Statutes, section 357.021, subdivision 6, and is not waivable.
Section 27 requires persons convicted of a violent crime as defined in section 26, but whose sentence has been stayed by the court, to submit to the level of care recommended in the chemical use assessment described in Minnesota Statutes, section 169A.70, as a condition of their probation, unless there are compelling reasons to do otherwise.
Section 28 requires the Supreme Court to include training on a judge's powers and duties relating to chemical use assessments in its judicial education program.
Section 29 contains blank appropriations to the Commissioners of Public Safety, Corrections, Human Services, Health, and the Chief Justice of the Supreme Court for the purposes listed.
Section 30 repeals Minnesota Statutes 2006, sections 254B.02, subdivisions 2, 3, and 4; and 254B.09, subdivisions 4, 5, and 7, relating to chemical dependency treatment funding allocation.
Section 31 provides effective dates for the bill.
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