Minnesota Legislature
HF 1263
as introduced - 91st Legislature (2019 - 2020) Posted on 02/14/2019 03:16pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/14/2019 |
Current Version - as introduced
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A bill for an act
relating to public safety; further conforming recreational vehicle DWI laws to
general DWI laws; making technical corrections; amending Minnesota Statutes
2018, sections 84.91, subdivision 1; 86B.331, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 84.91, subdivision 1, is amended to read:
Subdivision 1.
Acts prohibited.
(a) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol or a controlled substance
or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state
or on the ice of any boundary water of this state.
(b) No owner or other person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason of any physical or
mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted
of violating section 169A.20 or an ordinance in conformity with it, or who refuses to comply
with a lawful request to submit to testing new text begin or who fails a test lawfully administered new text end under
sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity with deleted text begin itdeleted text end new text begin any of these
sectionsnew text end , deleted text begin shall bedeleted text end new text begin isnew text end prohibited from operating a snowmobile or all-terrain vehicle for deleted text begin a
period deleted text end deleted text begin ofdeleted text end one year. The commissioner shall notify the person of the deleted text begin timedeleted text end period during
which the person is prohibited from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 169A.53 or 171.177.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under:
(1) this section;
(2) chapter 169 relating to snowmobiles and all-terrain vehicles;
(3) chapter 169A; and
(4) section 171.177.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from operating a vehicle under
paragraph (c) is guilty of a misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to violations
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2018, section 86B.331, subdivision 1, is amended to read:
Subdivision 1.
Acts prohibited.
(a) An owner or other person having charge or control
of a motorboat may not authorize or allow an individual the person knows or has reason to
believe is under the influence of alcohol or a controlled or other substance to operate the
motorboat in operation on the waters of this state.
(b) An owner or other person having charge or control of a motorboat may not knowingly
authorize or allow a person, who by reason of a physical or mental disability is incapable
of operating the motorboat, to operate the motorboat in operation on the waters of this state.
(c) A person who operates or is in physical control of a motorboat on the waters of this
state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A,
a person who is convicted of violating section 169A.20 new text begin or who fails a test lawfully
administered under sections 169A.50 to 169A.53 or 17l.177, new text end or an ordinance in conformity
with deleted text begin itdeleted text end new text begin any of these sectionsnew text end , deleted text begin shall bedeleted text end new text begin isnew text end prohibited from operating a motorboat on the waters
of this state for deleted text begin a period ofdeleted text end 90 days between May 1 and October 31, extending over two
consecutive years if necessary. If the person refuses to comply with a lawful demand to
submit to testing under sections 169A.50 to 169A.53 or 171.177, or an ordinance in
conformity with deleted text begin itdeleted text end new text begin any of these sectionsnew text end , the person deleted text begin shall bedeleted text end new text begin isnew text end prohibited from operating a
motorboat for deleted text begin a period ofdeleted text end one year. The commissioner shall notify the person of the period
during which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 169A.53 or 171.177.
(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under: (1) this
section; (2) chapter 169 relating to motorboats; (3) chapter 169A; and (4) section 171.177.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor.
(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end