HF 1004

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crimes; driving while impaired; reducing 
  1.3             the legal limit for alcohol concentration from 0.10 to 
  1.4             0.08 for adults and to 0.04 for youth for operating 
  1.5             any kind of vehicle; creating a zero-tolerance 
  1.6             standard for school bus drivers; advancing criminal 
  1.7             penalties and administrative sanctions for committing 
  1.8             a DWI crime while having an alcohol concentration of 
  1.9             0.20 or more; expanding DWI laws to include 
  1.10            snowmobiles, all-terrain vehicles, and motorboats and 
  1.11            repealing the separate DWI laws relating to those 
  1.12            recreational vehicles; creating an enhanced gross 
  1.13            misdemeanor-level DWI crime and restructuring criminal 
  1.14            penalties for DWI, including the provision of 
  1.15            mandatory minimum periods of incarceration and home 
  1.16            detention for repeat DWI offenders; mandating pretrial 
  1.17            and posttrial electronic alcohol monitoring for 
  1.18            certain offenders; advancing license plate impoundment 
  1.19            and motor vehicle forfeiture by one offense; providing 
  1.20            an administrative process for forfeiture and 
  1.21            permitting it to be based on license revocation; 
  1.22            authorizing the use of preliminary breath tests 
  1.23            results for prosecuting certain driving offenses; 
  1.24            making technical changes; providing enhanced criminal 
  1.25            penalties and civil sanctions; amending Minnesota 
  1.26            Statutes 1996, sections 84.83, subdivision 5; 84.91, 
  1.27            subdivision 1; 84.911, subdivision 7; 84.927, 
  1.28            subdivision 1; 86B.331, subdivision 1; 86B.705, 
  1.29            subdivision 2; 97A.065, subdivision 2; 97B.065, 
  1.30            subdivision 1; 97B.066, subdivisions 1, 5, and by 
  1.31            adding subdivisions; 168.042, subdivisions 1, 2, 4, 9, 
  1.32            11, and by adding a subdivision; 169.01, by adding 
  1.33            subdivisions; 169.121, subdivisions 1, 1c, 2, 3, 3b, 
  1.34            3c, 4, 6, 11, and by adding subdivisions; 169.1211, 
  1.35            subdivision 1, and by adding a subdivision; 169.1217; 
  1.36            169.1218; 169.123, subdivisions 1, 2, 3, 4, 5a, 5c, 
  1.37            and 6; 169.126, subdivision 1; 169.1261; 169.129; 
  1.38            171.07, by adding a subdivision; 171.12, by adding a 
  1.39            subdivision; 171.19; 171.20, subdivision 4; 171.30, by 
  1.40            adding a subdivision; 192A.555; 357.021, subdivision 
  1.41            1a; 364.09; 609.02, subdivision 2, and by adding a 
  1.42            subdivision; 609.105; 609.135, subdivision 2; 609.15, 
  1.43            subdivision 2; 609.21, subdivisions 1, 2, 2a, 2b, 3, 
  1.44            and 4; 609.487, by adding a subdivision; and 634.15, 
  1.45            subdivision 2; repealing Minnesota Statutes 1996, 
  1.46            sections 84.873; 84.91, subdivisions 2, 3, 4, 5, 5a, 
  2.1             6, 7, and 8; 84.911, subdivisions 1, 2, 3, 4, 5, and 
  2.2             6; 84.912; 84.9254; 86B.331, subdivisions 2, 3, 4, 5, 
  2.3             5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 
  2.4             6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, 
  2.5             subdivision 6; and 169.121, subdivision 3a. 
  2.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.7      Section 1.  Minnesota Statutes 1996, section 84.83, 
  2.8   subdivision 5, is amended to read: 
  2.9      Subd. 5.  [FINES AND FORFEITED BAIL.] The disposition of 
  2.10  fines and forfeited bail collected from prosecutions of 
  2.11  violations of sections 84.81 to 84.91, and violations of section 
  2.12  169.121 that involve off-road recreational vehicles, as defined 
  2.13  in section 169.01, subdivision 84, are governed by section 
  2.14  97A.065. 
  2.15     Sec. 2.  Minnesota Statutes 1996, section 84.91, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  2.18  operate or be in physical control of any snowmobile or 
  2.19  all-terrain vehicle anywhere in this state or on the ice of any 
  2.20  boundary water of this state: 
  2.21     (1) when the person is under the influence of alcohol; 
  2.22     (2) when the person is under the influence of a controlled 
  2.23  substance, as defined in section 152.01, subdivision 4; 
  2.24     (3) when the person is under the influence of a combination 
  2.25  of any two or more of the elements named in clauses (1), (2), 
  2.26  and (6); 
  2.27     (4) when the person's alcohol concentration is 0.10 or 
  2.28  more; 
  2.29     (5) when the person's alcohol concentration as measured 
  2.30  within two hours of the time of operating is 0.10 or more; or 
  2.31     (6) when the person is knowingly under the influence of any 
  2.32  chemical compound or combination of chemical compounds that is 
  2.33  listed as a hazardous substance in rules adopted under section 
  2.34  182.655 and that affects the nervous system, brain, or muscles 
  2.35  of the person so as to substantially impair the person's ability 
  2.36  to operate the snowmobile or all-terrain vehicle.  
  2.37     (b) No owner or other person having charge or control of 
  2.38  any snowmobile or all-terrain vehicle shall authorize or permit 
  3.1   any individual the person knows or has reason to believe is 
  3.2   under the influence of alcohol or a controlled substance or 
  3.3   other substance, as provided under paragraph (a), to operate the 
  3.4   snowmobile or all-terrain vehicle anywhere in this state or on 
  3.5   the ice of any boundary water of this state. 
  3.6      (c) (b) No owner or other person having charge or control 
  3.7   of any snowmobile or all-terrain vehicle shall knowingly 
  3.8   authorize or permit any person, who by reason of any physical or 
  3.9   mental disability is incapable of operating the vehicle, to 
  3.10  operate the snowmobile or all-terrain vehicle anywhere in this 
  3.11  state or on the ice of any boundary water of this state. 
  3.12     (c) A person who operates or is in physical control of a 
  3.13  snowmobile or all-terrain vehicle anywhere in this state or on 
  3.14  the ice of any boundary water of this state while under the 
  3.15  influence of alcohol, a controlled substance, or a hazardous 
  3.16  substance, is subject to the provisions of chapter 169 relating 
  3.17  to driving while impaired.  In addition to the driver's license 
  3.18  sanctions imposed under chapter 169, a person who is convicted 
  3.19  of violating section 169.121 while operating a snowmobile or 
  3.20  all-terrain vehicle, or who refuses to comply with a lawful 
  3.21  request to submit to testing under section 169.123, shall be 
  3.22  prohibited from operating the snowmobile or all-terrain vehicle 
  3.23  for a period of one year.  The commissioner shall notify the 
  3.24  convicted person of the period during which the person is 
  3.25  prohibited from operating a snowmobile or all-terrain vehicle.  
  3.26  The court shall promptly forward to the commissioner and the 
  3.27  department of public safety copies of all convictions and 
  3.28  criminal and civil sanctions imposed under this section and 
  3.29  chapter 169 relating to snowmobiles and all-terrain vehicles.  
  3.30     (d) A person who violates paragraph (a) or (b), or an 
  3.31  ordinance in conformity with either of them, is guilty of a 
  3.32  misdemeanor. 
  3.33     Sec. 3.  Minnesota Statutes 1996, section 84.911, 
  3.34  subdivision 7, is amended to read: 
  3.35     Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
  3.36  medical examiner shall report in writing to the department of 
  4.1   natural resources the death of any person within the 
  4.2   jurisdiction of the coroner or medical examiner as the result of 
  4.3   an accident involving a an off-road recreational motor vehicle, 
  4.4   as defined in section 84.90, subdivision 1 169.01, subdivision 
  4.5   84, and the circumstances of the accident.  The report shall be 
  4.6   made within 15 days after the death. 
  4.7      In the case of drivers killed in off-road recreational 
  4.8   motor vehicle accidents and of the death of passengers 14 years 
  4.9   of age or older, who die within four hours after accident, the 
  4.10  coroner or medical examiner shall examine the body and shall 
  4.11  make tests as are necessary to determine the presence and 
  4.12  percentage concentration of alcohol, and drugs if feasible, in 
  4.13  the blood of the victim.  This information shall be included in 
  4.14  each report submitted pursuant to the provisions of this 
  4.15  subdivision and shall be tabulated by the department of natural 
  4.16  resources.  Periodically, the commissioner of natural resources 
  4.17  must transmit a summary of the reports to the commissioner of 
  4.18  public safety.  
  4.19     Sec. 4.  Minnesota Statutes 1996, section 84.927, 
  4.20  subdivision 1, is amended to read: 
  4.21     Subdivision 1.  [REGISTRATION REVENUE.] Fees from the 
  4.22  registration of all-terrain vehicles and the unrefunded gasoline 
  4.23  tax attributable to all-terrain vehicle use under section 
  4.24  296.16, as well as the net proceeds from the sale of all-terrain 
  4.25  vehicles forfeited pursuant to section 84.912 169.1217, shall be 
  4.26  deposited in the state treasury and credited to the all-terrain 
  4.27  vehicle account in the natural resources fund.  
  4.28     Sec. 5.  Minnesota Statutes 1996, section 86B.331, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  4.31  operate or be in physical control of a motorboat in operation on 
  4.32  the waters of this state: 
  4.33     (1) when the person is under the influence of alcohol; 
  4.34     (2) when the person is under the influence of a controlled 
  4.35  substance, as defined in section 152.01, subdivision 4; 
  4.36     (3) when the person is under the influence of a combination 
  5.1   of any two or more of the elements named in clauses (1), (2), 
  5.2   and (6); 
  5.3      (4) when the person's alcohol concentration is 0.10 or 
  5.4   more; 
  5.5      (5) when the person's alcohol concentration as measured 
  5.6   within two hours of the time of operating is 0.10 or more; or 
  5.7      (6) when the person is knowingly under the influence of any 
  5.8   chemical compound or combination of chemical compounds that is 
  5.9   listed as a hazardous substance in rules adopted under section 
  5.10  182.655 and that affects the nervous system, brain, or muscles 
  5.11  of the person so as to substantially impair the person's ability 
  5.12  to operate the motorboat.  
  5.13     (b) An owner or other person having charge or control of a 
  5.14  motorboat may not authorize or allow an individual the person 
  5.15  knows or has reason to believe is under the influence of alcohol 
  5.16  or a controlled or other substance, as provided under paragraph 
  5.17  (a), to operate the motorboat in operation on the waters of this 
  5.18  state. 
  5.19     (c) (b) An owner or other person having charge or control 
  5.20  of a motorboat may not knowingly authorize or allow a person, 
  5.21  who by reason of a physical or mental disability is incapable of 
  5.22  operating the motorboat, to operate the motorboat in operation 
  5.23  on the waters of this state.  
  5.24     (c) A person who operates or is in physical control of a 
  5.25  motorboat on the waters of this state while under the influence 
  5.26  of alcohol, a controlled substance, or a hazardous substance, is 
  5.27  subject to the provisions of chapter 169 relating to driving 
  5.28  while impaired.  In addition to the driver's license sanctions 
  5.29  imposed under chapter 169, a person who is convicted of 
  5.30  violating section 169.121 while operating a motorboat, shall be 
  5.31  prohibited from operating the motorboat on the waters of this 
  5.32  state for a period of 90 days between May 1 and October 31, 
  5.33  extending over two consecutive years if necessary.  If the 
  5.34  person operating the motorboat refuses to comply with a lawful 
  5.35  demand to submit to testing under section 169.123, the person 
  5.36  shall be prohibited from operating the motorboat for a period of 
  6.1   one year.  The commissioner shall notify the convicted person of 
  6.2   the period during which the person is prohibited from operating 
  6.3   a motorboat.  The court shall promptly forward to the 
  6.4   commissioner and the department of public safety copies of all 
  6.5   convictions and criminal and civil sanctions imposed under this 
  6.6   section and chapter 169 relating to motorboats. 
  6.7      (d) A person who violates paragraph (a) or (b), or an 
  6.8   ordinance in conformity with either of them, is guilty of a 
  6.9   misdemeanor. 
  6.10     (d) (e) For purposes of this subdivision, a motorboat "in 
  6.11  operation" does not include a motorboat that is anchored, 
  6.12  beached, or securely fastened to a dock or other permanent 
  6.13  mooring. 
  6.14     Sec. 6.  Minnesota Statutes 1996, section 86B.705, 
  6.15  subdivision 2, is amended to read: 
  6.16     Subd. 2.  [FINES AND BAIL MONEY.] (a) All fines, 
  6.17  installment payments, and forfeited bail money collected from 
  6.18  persons convicted of violations of this chapter, or of a 
  6.19  violation of section 169.121 involving a motorboat, shall be 
  6.20  paid to the county treasurer of the county where the violation 
  6.21  occurred by the court administrator or other person collecting 
  6.22  the money within 15 days after the last day of the month the 
  6.23  money was collected.  
  6.24     (b) One-half of the receipts shall be credited to the 
  6.25  general revenue fund of the county.  The other one-half of the 
  6.26  receipts shall be transmitted by the county treasurer to the 
  6.27  commissioner of natural resources to be deposited in the state 
  6.28  treasury and credited to the water recreation account for the 
  6.29  purpose of boat and water safety.  
  6.30     Sec. 7.  Minnesota Statutes 1996, section 97A.065, 
  6.31  subdivision 2, is amended to read: 
  6.32     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
  6.33  forfeited bail collected from prosecutions of violations of:  
  6.34  the game and fish laws,; sections 84.091 to 84.15, and; sections 
  6.35  84.81 to 84.88,; section 169.121, when the violation involved an 
  6.36  off-road recreational vehicle as defined in section 169.01, 
  7.1   subdivision 84; chapter 348,; and any other law relating to wild 
  7.2   animals, and or aquatic vegetation, must be paid to the 
  7.3   treasurer of the county where the violation is prosecuted.  The 
  7.4   county treasurer shall submit one-half of the receipts to the 
  7.5   commissioner and credit the balance to the county general 
  7.6   revenue fund except as provided in paragraphs (b), (c), and (d). 
  7.7      (b) The commissioner must reimburse a county, from the game 
  7.8   and fish fund, for the cost of keeping prisoners prosecuted for 
  7.9   violations under this section if the county board, by 
  7.10  resolution, directs:  (1) the county treasurer to submit all 
  7.11  fines and forfeited bail to the commissioner; and (2) the county 
  7.12  auditor to certify and submit monthly itemized statements to the 
  7.13  commissioner.  
  7.14     (c) The county treasurer shall indicate the amount of the 
  7.15  receipts that are assessments or surcharges imposed under 
  7.16  section 609.101 and shall submit all of those receipts to the 
  7.17  commissioner.  The receipts must be credited to the game and 
  7.18  fish fund to provide peace officer training for persons employed 
  7.19  by the commissioner who are licensed under section 626.84, 
  7.20  subdivision 1, clause (c), and who possess peace officer 
  7.21  authority for the purpose of enforcing game and fish laws. 
  7.22     (d) The county treasurer shall submit one-half of the 
  7.23  receipts collected from prosecutions of violations of sections 
  7.24  84.81 to 84.91, and 169.121, including receipts that are 
  7.25  assessments or surcharges imposed under section 609.101, to the 
  7.26  commissioner and credit the balance to the county general fund.  
  7.27  The commissioner shall credit these receipts to the snowmobile 
  7.28  trails and enforcement account in the natural resources fund. 
  7.29     Sec. 8.  Minnesota Statutes 1996, section 97B.065, 
  7.30  subdivision 1, is amended to read: 
  7.31     Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  7.32  take wild animals with a firearm or by archery:  
  7.33     (1) when the person is under the influence of alcohol; 
  7.34     (2) when the person is under the influence of a controlled 
  7.35  substance, as defined in section 152.01, subdivision 4; 
  7.36     (3) when the person is under the influence of a combination 
  8.1   of any two or more of the elements in clauses (1) and, (2), and 
  8.2   (7); 
  8.3      (4) when the person's alcohol concentration is 0.10 0.08 or 
  8.4   more; 
  8.5      (5) when the person's alcohol concentration as measured 
  8.6   within two hours of the time of taking is 0.10 0.08 or more; or 
  8.7      (6) when the person's alcohol concentration is 0.04 or more 
  8.8   at the time of taking, or as measured within two hours of the 
  8.9   time of taking, if the person is under the age of 21 years at 
  8.10  the time of the violation; or 
  8.11     (7) when the person is knowingly under the influence of any 
  8.12  chemical compound or combination of chemical compounds that is 
  8.13  listed as a hazardous substance in rules adopted under section 
  8.14  182.655 and that affects the nervous system, brain, or muscles 
  8.15  of the person so as to substantially impair the person's ability 
  8.16  to operate a firearm or bow and arrow. 
  8.17     (b) An owner or other person having charge or control of a 
  8.18  firearm or bow and arrow may not authorize or permit an 
  8.19  individual the person knows or has reason to believe is under 
  8.20  the influence of alcohol or a controlled substance, as provided 
  8.21  under paragraph (a), to possess the firearm or bow and arrow in 
  8.22  this state or on a boundary water of this state. 
  8.23     Sec. 9.  Minnesota Statutes 1996, section 97B.066, 
  8.24  subdivision 1, is amended to read: 
  8.25     Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
  8.26  takes wild animals with a bow or firearm in this state or on a 
  8.27  boundary water of this state is required, subject to the 
  8.28  provisions of this section, to take or submit to a test of the 
  8.29  person's blood, breath, or urine for the purpose of determining 
  8.30  the presence and amount of alcohol or a controlled substance.  
  8.31  The test shall be administered at the direction of an officer 
  8.32  authorized to make arrests under section 97B.065, subdivision 
  8.33  2.  Taking or submitting to the test is mandatory when requested 
  8.34  by an officer who has probable cause to believe the person was 
  8.35  hunting in violation of section 97B.065, subdivision 1, 
  8.36  paragraph (a), and one of the following conditions exists: 
  9.1      (1) the person has been lawfully placed under arrest for 
  9.2   violating section 97B.065, subdivision 1, paragraph (a); 
  9.3      (2) the person has been involved while hunting in an 
  9.4   accident resulting in property damage, personal injury, or 
  9.5   death; 
  9.6      (3) the person has refused to take the preliminary 
  9.7   screening test provided for in section 97B.065, subdivision 3; 
  9.8   or 
  9.9      (4) the screening test was administered and indicated an 
  9.10  alcohol concentration of 0.10 0.08 or more; or 
  9.11     (5) the screening test was administered and indicated an 
  9.12  alcohol concentration of 0.04 or more, if the person is under 
  9.13  the age of 21 years at the time of the violation. 
  9.14     Sec. 10.  Minnesota Statutes 1996, section 97B.066, 
  9.15  subdivision 5, is amended to read: 
  9.16     Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
  9.17  under this section are governed by section 86B.335, subdivisions 
  9.18  8, 9, and 10 169.123, subdivisions 2b, 2c, and 3. 
  9.19     Sec. 11.  Minnesota Statutes 1996, section 97B.066, is 
  9.20  amended by adding a subdivision to read: 
  9.21     Subd. 7.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
  9.22  the period of prohibition or revocation imposed under this 
  9.23  section, the person may request in writing a review of the order 
  9.24  imposing sanctions under this section.  If the person makes a 
  9.25  request for administrative review within 30 days following 
  9.26  receipt of a notice and order imposing sanctions, the request 
  9.27  shall stay imposition of the civil penalty.  Upon receiving the 
  9.28  request for review, the commissioner or the commissioner's 
  9.29  designee shall review the order, the evidence upon which the 
  9.30  order was based, and other material information brought to the 
  9.31  attention of the commissioner and determine whether sufficient 
  9.32  cause exists to sustain the order.  
  9.33     (b) Within 15 days after receiving the request, the 
  9.34  commissioner shall issue a written report ordering that the 
  9.35  prohibition, revocation, or civil penalty be either sustained or 
  9.36  rescinded.  The review provided in this subdivision is not 
 10.1   subject to the contested case provisions of the Administrative 
 10.2   Procedure Act under chapter 14.  The availability of 
 10.3   administrative review does not have an effect upon the 
 10.4   availability of judicial review under this section.  
 10.5      Sec. 12.  Minnesota Statutes 1996, section 97B.066, is 
 10.6   amended by adding a subdivision to read: 
 10.7      Subd. 8.  [JUDICIAL REVIEW.] (a) Within 30 days following 
 10.8   receipt of a notice and order imposing sanctions under this 
 10.9   section, a person may petition the court for review.  The 
 10.10  petition must be filed with the district court administrator in 
 10.11  the county where the incident occurred giving rise to the test 
 10.12  demand and refusal, together with proof of service of a copy on 
 10.13  the commissioner and the prosecuting authority for misdemeanor 
 10.14  offenses for the jurisdiction in which the incident occurred.  A 
 10.15  responsive pleading is not required of the commissioner of 
 10.16  natural resources, and court fees may not be charged for the 
 10.17  appearance of the representative of the commissioner in the 
 10.18  matter. 
 10.19     (b) The petition must be captioned in the name of the 
 10.20  person making the petition as petitioner and the commissioner as 
 10.21  respondent.  The petition must state specifically the grounds 
 10.22  upon which the petitioner seeks rescission of the order imposing 
 10.23  sanctions.  
 10.24     (c) The filing of the petition does not stay the revocation 
 10.25  or prohibition against hunting.  However, the filing of a 
 10.26  petition stays imposition of the civil penalty.  The judicial 
 10.27  review shall be conducted according to the rules of civil 
 10.28  procedure.  
 10.29     Sec. 13.  Minnesota Statutes 1996, section 97B.066, is 
 10.30  amended by adding a subdivision to read: 
 10.31     Subd. 9.  [HEARING.] (a) A hearing under this section must 
 10.32  be before a district court judge in the county where the 
 10.33  incident occurred which gave rise to the test demand and 
 10.34  refusal.  The hearing must be to the court and may be conducted 
 10.35  at the same time as hearings upon pretrial motions in the 
 10.36  criminal prosecution under section 97B.065.  The hearing must be 
 11.1   recorded.  The commissioner must be represented by the 
 11.2   prosecuting authority for misdemeanor offenses for the 
 11.3   jurisdiction in which the incident occurred which gave rise to 
 11.4   the test demand and refusal. 
 11.5      (b) The hearing must be held at the earliest practicable 
 11.6   date and in any event no later than 60 days following the filing 
 11.7   of the petition for review.  The reviewing court may order a 
 11.8   temporary stay of the balance of the prohibition or revocation 
 11.9   if the hearing has not been conducted within 60 days after 
 11.10  filing of the petition, upon the application of the petitioner 
 11.11  and upon terms the court deems proper. 
 11.12     (c) The scope of the hearing must be limited to the issues 
 11.13  of: 
 11.14     (1) whether the officer had probable cause to believe that 
 11.15  the person violated section 97B.065; 
 11.16     (2) whether one of the conditions in subdivision 1 existed; 
 11.17     (3) whether the person was informed as prescribed in 
 11.18  subdivision 3; and 
 11.19     (4) whether the person refused to submit to testing. 
 11.20     (d) It is an affirmative defense for the petitioner to 
 11.21  prove that, at the time of the refusal, the petitioner's refusal 
 11.22  to permit the test was based upon reasonable grounds. 
 11.23     (e) The court shall order that the prohibition or 
 11.24  revocation be either sustained or rescinded and shall either 
 11.25  sustain or rescind the civil penalty.  The court shall forward a 
 11.26  copy of the order to the commissioner. 
 11.27     Sec. 14.  Minnesota Statutes 1996, section 97B.066, is 
 11.28  amended by adding a subdivision to read: 
 11.29     Subd. 10.  [PAYMENT OF CIVIL PENALTY.] The civil penalty 
 11.30  imposed under subdivision 2 must be paid to the political 
 11.31  subdivision that represents the commissioner on the petition for 
 11.32  judicial review or, in the event that a petition is not filed, 
 11.33  to the political subdivision that would have represented the 
 11.34  commissioner had a petition been filed.  If a person does not 
 11.35  pay the civil penalty, the prohibition against hunting is 
 11.36  automatically extended until the political subdivision reports 
 12.1   to the commissioner in writing that the penalty has been paid. 
 12.2      Sec. 15.  Minnesota Statutes 1996, section 97B.066, is 
 12.3   amended by adding a subdivision to read: 
 12.4      Subd. 11.  [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 
 12.5   does not pay the civil penalty imposed under subdivision 2 
 12.6   within 30 days of the date it was imposed, the prosecuting 
 12.7   authority representing the commissioner may petition the 
 12.8   district court in the county where the incident occurred to file 
 12.9   the order imposing the civil penalty as an order of the court. 
 12.10     (b) Once entered, the order may be enforced in the same 
 12.11  manner as a final judgment of the court.  In addition to the 
 12.12  penalty, attorney fees, costs, and interest may be assessed 
 12.13  against any person who fails to pay the civil penalty. 
 12.14     Sec. 16.  Minnesota Statutes 1996, section 168.042, 
 12.15  subdivision 1, is amended to read: 
 12.16     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 12.17  section, the following terms have the meanings given. 
 12.18     (b) "Violator" means a person who was driving, operating, 
 12.19  or in physical control of the motor vehicle when the violation 
 12.20  occurred. 
 12.21     (c) "Violation" means includes: 
 12.22     (1) a violation of section 169.123 or an impaired driving 
 12.23  conviction as defined in section 169.121, subdivision 3, that 
 12.24  results in the revocation of a person's driver's license or 
 12.25  driving privileges, and also includes an alcohol-related license 
 12.26  revocation from another state; 
 12.27     (2) a violation of section 169.129; and 
 12.28     (3) a violation of section 171.24 by a person whose 
 12.29  driver's license or driving privileges have been canceled under 
 12.30  section 171.04, subdivision 1, clause (8). 
 12.31     (1) a violation of section 169.121 or 169.123, or a 
 12.32  conforming ordinance from this state or a conforming statute or 
 12.33  ordinance from another state, that results in the revocation of 
 12.34  a person's driver's license or driving privileges: 
 12.35     (i) within five years of a prior impaired driving 
 12.36  conviction or a prior license revocation; or 
 13.1      (ii) within 15 years of two or more prior impaired driving 
 13.2   convictions, two or more prior license revocations, or one prior 
 13.3   impaired driving conviction and one prior license revocation, 
 13.4   based on separate incidents; 
 13.5      (2) a violation of section 169.121, subdivision 3, 
 13.6   paragraph (c), clause (4); 
 13.7      (3) a violation of section 169.129; and 
 13.8      (4) a violation of section 171.24 by a person whose 
 13.9   driver's license or driving privileges have been canceled under 
 13.10  section 171.04, subdivision 1, clause (9). 
 13.11     (d) "Prior impaired driving conviction" has the meaning 
 13.12  given it in section 169.121, subdivision 3. 
 13.13     (e) "Prior license revocation" has the meaning given it in 
 13.14  section 169.121, subdivision 3. 
 13.15     Sec. 17.  Minnesota Statutes 1996, section 168.042, 
 13.16  subdivision 2, is amended to read: 
 13.17     Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
 13.18  commissioner shall issue a registration plate impoundment order 
 13.19  when: 
 13.20     (1) a person's driver's license or driving privileges are 
 13.21  revoked for a third violation., as defined in subdivision 1, 
 13.22  paragraph (c), clause (1), within five years or a fourth or 
 13.23  subsequent violation, as defined in subdivision 1, paragraph 
 13.24  (c), clause (1), within 15 years; 
 13.25     (2) a person's driver's license or driving privileges are 
 13.26  revoked for a violation of section 169.121, subdivision 3, 
 13.27  paragraph (c), clause (4), within five years of one previous 
 13.28  violation or within 15 years of two or more previous violations, 
 13.29  as defined in subdivision 1, paragraph (c), clause (1); or 
 13.30     (3) a person is arrested for or charged with a violation 
 13.31  described in subdivision 1, paragraph (c), clause (2) or (3).  
 13.32     The order shall require the impoundment of the registration 
 13.33  plates of the self-propelled motor vehicle involved in the 
 13.34  violation and all self-propelled motor vehicles owned by, 
 13.35  registered, or leased in the name of the violator, including 
 13.36  self-propelled motor vehicles registered jointly or leased in 
 14.1   the name of the violator and another.  An impoundment order 
 14.2   shall not be issued for the registration plates of a rental 
 14.3   vehicle as defined in section 168.041, subdivision 10, or a 
 14.4   vehicle registered in another state. 
 14.5      Sec. 18.  Minnesota Statutes 1996, section 168.042, 
 14.6   subdivision 4, is amended to read: 
 14.7      Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
 14.8   IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
 14.9   issuing a notice of intent to revoke and of revocation under 
 14.10  section 169.123 for a violation shall also serve a notice of 
 14.11  intent to impound and an order of impoundment if the violation 
 14.12  is the third violation, as defined in subdivision 1, paragraph 
 14.13  (c), clause (1), within five years or the fourth or subsequent 
 14.14  violation, as defined in subdivision 1, paragraph (c), clause 
 14.15  (1), within 15 years.  On behalf of the commissioner, a peace 
 14.16  officer who is arresting a person for or charging a person with 
 14.17  a violation described in subdivision 1, paragraph (c), clause 
 14.18  (2) or (3), shall also serve a notice of intent to impound and 
 14.19  an order of impoundment.  If the vehicle involved in the 
 14.20  violation is accessible to the officer at the time the 
 14.21  impoundment order is issued, the officer shall seize the 
 14.22  registration plates subject to the impoundment order.  The 
 14.23  officer shall destroy all plates seized or impounded under this 
 14.24  section.  The officer shall send to the commissioner copies of 
 14.25  the notice of intent to impound and the order of impoundment and 
 14.26  a notice that registration plates impounded and seized under 
 14.27  this section have been destroyed. 
 14.28     Sec. 19.  Minnesota Statutes 1996, section 168.042, 
 14.29  subdivision 9, is amended to read: 
 14.30     Subd. 9.  [ADMINISTRATIVE REVIEW.] At any time during the 
 14.31  effective period of an impoundment order, a person may request 
 14.32  in writing a review of the impoundment order by the 
 14.33  commissioner.  On receiving a request, the commissioner or the 
 14.34  commissioner's designee shall review the order, the evidence 
 14.35  upon which the order was based, and any other material 
 14.36  information brought to the attention of the commissioner, and 
 15.1   determine whether sufficient cause exists to sustain the order.  
 15.2   The commissioner shall report in writing the results of the 
 15.3   review within 15 days of receiving the request.  The review 
 15.4   provided in this subdivision is not subject to the contested 
 15.5   case provisions of the administrative procedure act in sections 
 15.6   14.01 to 14.69.  As a result of this review, the commissioner 
 15.7   may authorize the issuance at no cost of new registration plates 
 15.8   to the registered owner of the vehicle if the registered owner's 
 15.9   license or driving privileges were not revoked under section 
 15.10  169.123 or as a result of an impaired driving conviction as 
 15.11  defined in section 169.121, subdivision 3 the violation. 
 15.12     Review under this subdivision shall take place, if 
 15.13  possible, at the same time as any administrative review of the 
 15.14  person's license revocation under section 169.123, subdivision 
 15.15  5b. 
 15.16     Sec. 20.  Minnesota Statutes 1996, section 168.042, 
 15.17  subdivision 11, is amended to read: 
 15.18     Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 
 15.19  OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 
 15.20     (1) the driver's license revocation that is the basis for 
 15.21  an impoundment order is rescinded,; 
 15.22     (2) the charges for the violation have been dismissed with 
 15.23  prejudice; or 
 15.24     (3) the violator has been acquitted of the violation; 
 15.25  then the registrar of motor vehicles shall issue new 
 15.26  registration plates for the vehicle at no cost, when the 
 15.27  registrar receives an application that includes a copy of the 
 15.28  order rescinding the driver's license revocation, the order 
 15.29  dismissing the charges, or the judgment of acquittal.  If the 
 15.30  impoundment order was based on a violation described in 
 15.31  subdivision 1, paragraph (c), clause (2) or (3), and the charges 
 15.32  have been dismissed with prejudice or the violator has been 
 15.33  acquitted of the violation, the registrar of motor vehicles 
 15.34  shall issue new registration plates for the vehicle at no cost, 
 15.35  when the registrar receives an application that includes a copy 
 15.36  of the order dismissing the charges or a copy of the judgment of 
 16.1   acquittal. 
 16.2      Sec. 21.  Minnesota Statutes 1996, section 168.042, is 
 16.3   amended by adding a subdivision to read: 
 16.4      Subd. 11a.  [CHARGE FOR REINSTATEMENT OF REGISTRATION 
 16.5   PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 
 16.6   vehicles reinstates a person's registration plates after 
 16.7   impoundment for reasons other than those described in 
 16.8   subdivision 11, the registrar shall charge the person $25.  
 16.9   Money raised under this subdivision must be paid into the state 
 16.10  treasury and credited to the highway user tax distribution fund. 
 16.11     Sec. 22.  Minnesota Statutes 1996, section 169.01, is 
 16.12  amended by adding a subdivision to read: 
 16.13     Subd. 84.  [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 
 16.14  recreational vehicle" means an off-highway motorcycle as defined 
 16.15  in section 84.787, subdivision 7; off-road vehicle as defined in 
 16.16  section 84.797, subdivision 7; snowmobile as defined in section 
 16.17  84.81, subdivision 3; and all-terrain vehicle as defined in 
 16.18  section 84.92, subdivision 8. 
 16.19     Sec. 23.  Minnesota Statutes 1996, section 169.01, is 
 16.20  amended by adding a subdivision to read: 
 16.21     Subd. 85.  [MOTORBOAT.] "Motorboat" means a watercraft 
 16.22  propelled in any manner by machinery, including watercraft 
 16.23  temporarily equipped with detachable motors. 
 16.24     Sec. 24.  Minnesota Statutes 1996, section 169.01, is 
 16.25  amended by adding a subdivision to read: 
 16.26     Subd. 86.  [DRUG RECOGNITION EVALUATION.] "Drug recognition 
 16.27  evaluation" means the systematic, standardized, investigative 
 16.28  procedure defined by the National Highway Traffic Safety 
 16.29  Administration that is used to determine whether a driver is 
 16.30  impaired, whether the impairment relates to drugs or a medical 
 16.31  condition and, if drug-related, the categories of drugs likely 
 16.32  to have caused the impairment. 
 16.33     Sec. 25.  Minnesota Statutes 1996, section 169.01, is 
 16.34  amended by adding a subdivision to read: 
 16.35     Subd. 87.  [DRUG RECOGNITION EXPERT.] "Drug recognition 
 16.36  expert" means a peace officer who is certified by the 
 17.1   International Association of Chiefs of Police to conduct drug 
 17.2   recognition evaluations. 
 17.3      Sec. 26.  Minnesota Statutes 1996, section 169.121, 
 17.4   subdivision 1, is amended to read: 
 17.5      Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
 17.6   any person to drive, operate, or be in physical control of any 
 17.7   motor vehicle within this state or upon the ice of any boundary 
 17.8   water of this state under any of the following circumstances: 
 17.9      (a) when the person is under the influence of alcohol; 
 17.10     (b) when the person is under the influence of a controlled 
 17.11  substance; 
 17.12     (c) when the person is under the influence of a combination 
 17.13  of any two or more of the elements named in clauses (a), (b), 
 17.14  and (f) (h); 
 17.15     (d) when the person's alcohol concentration is 0.10 0.08 or 
 17.16  more but less than 0.20; 
 17.17     (e) when the person's alcohol concentration as measured 
 17.18  within two hours of the time of driving, operating, or being in 
 17.19  physical control of the motor vehicle is 0.10 0.08 or more but 
 17.20  less than 0.20; 
 17.21     (f) when the person's alcohol concentration is 0.04 or more 
 17.22  but less than 0.20 at the time of driving, operating, or being 
 17.23  in physical control of the motor vehicle, or as measured within 
 17.24  two hours of the time of driving, operating, or being in 
 17.25  physical control of the motor vehicle, if the person is under 
 17.26  the age of 21 years at the time of the violation; 
 17.27     (g) when the person's alcohol concentration at the time, or 
 17.28  as measured within two hours of the time, of driving, operating, 
 17.29  or being in physical control of the motor vehicle is 0.20 or 
 17.30  more; 
 17.31     (h) when the person is knowingly under the influence of a 
 17.32  hazardous substance that affects the nervous system, brain, or 
 17.33  muscles of the person so as to substantially impair the person's 
 17.34  ability to drive or operate the motor vehicle; or 
 17.35     (g) (i) when the person's body contains any amount of a 
 17.36  controlled substance listed in schedule I or II other than 
 18.1   marijuana or tetrahydrocannabinols. 
 18.2      Sec. 27.  Minnesota Statutes 1996, section 169.121, 
 18.3   subdivision 1c, is amended to read: 
 18.4      Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
 18.5   is imposed under section 629.471, subdivision 2, a person 
 18.6   charged with a crime listed in this paragraph may be released 
 18.7   from detention only if the person agrees to abstain from alcohol 
 18.8   and submit to a program of electronic alcohol monitoring 
 18.9   involving at least daily measurements of the person's alcohol 
 18.10  concentration pending resolution of the charge.  This paragraph 
 18.11  applies only when electronic alcohol monitoring equipment is 
 18.12  available to the court and only when a person is charged with: 
 18.13     (1) a violation of subdivision 1 or 1a within five years of 
 18.14  two prior impaired driving convictions, or within ten years of 
 18.15  three or more prior impaired driving convictions; 
 18.16     (2) a violation of subdivision 1 or 1a, if the person is 
 18.17  under the age of 19 years; 
 18.18     (3) a violation of subdivision 1 or 1a, while the person's 
 18.19  driver's license or driving privileges have been canceled under 
 18.20  section 171.04, subdivision 1, clause (9); 
 18.21     (4) a violation of subdivision 1, clause (g); or 
 18.22     (5) a violation of section 169.129. 
 18.23     If the defendant is convicted of the charged offense, the 
 18.24  court may require partial or total reimbursement from the person 
 18.25  for the cost of the electronic alcohol monitoring. 
 18.26     (b) Unless maximum bail is imposed under section 629.471, 
 18.27  subdivision 2, a person charged with violating subdivision 1 or 
 18.28  1a within ten years of the first of three prior impaired driving 
 18.29  convictions or within the person's lifetime after four or more 
 18.30  prior impaired driving convictions may be released from 
 18.31  detention only if the following conditions are imposed in 
 18.32  addition to the condition imposed in paragraph (a), if 
 18.33  applicable, and any other conditions of release ordered by the 
 18.34  court: 
 18.35     (1) the impoundment of the registration plates of the 
 18.36  vehicle used to commit the violation, unless already impounded; 
 19.1      (2) if the vehicle used to commit the violation was an 
 19.2   off-road recreational vehicle or a motorboat, the impoundment of 
 19.3   the off-road recreational vehicle or motorboat; 
 19.4      (3) a requirement that the alleged violator report weekly 
 19.5   to a probation agent; 
 19.6      (3) (4) a requirement that the alleged violator abstain 
 19.7   from consumption of alcohol and controlled substances and submit 
 19.8   to random, weekly alcohol tests or urine analyses at least 
 19.9   weekly; and 
 19.10     (4) (5) a requirement that, if convicted, the alleged 
 19.11  violator reimburse the court or county for the total cost of 
 19.12  these services. 
 19.13     (c) For purposes of this subdivision, "prior impaired 
 19.14  driving conviction" has the meaning given in subdivision 3. 
 19.15     Sec. 28.  Minnesota Statutes 1996, section 169.121, 
 19.16  subdivision 2, is amended to read: 
 19.17     Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
 19.18  arising out of acts alleged to have been committed by any person 
 19.19  arrested for driving, operating, or being in physical control of 
 19.20  a motor vehicle in violation of subdivision 1, the court may 
 19.21  admit evidence of the presence or amount of alcohol, controlled 
 19.22  substances, or hazardous substances in the person's blood, 
 19.23  breath, or urine as shown by an analysis of those items. 
 19.24     (b) For the purposes of this subdivision, evidence that 
 19.25  there was at the time an alcohol concentration of 0.04 or more 
 19.26  is relevant evidence in indicating whether or not the person was 
 19.27  under the influence of alcohol. 
 19.28     (c) Evidence of the refusal to take a test is admissible 
 19.29  into evidence in a prosecution under this section or an 
 19.30  ordinance in conformity with it.  
 19.31     (d) If proven by a preponderance of the evidence, it shall 
 19.32  be an affirmative defense to a violation of subdivision 1, 
 19.33  clause (e), (f), or (g), that the defendant consumed a 
 19.34  sufficient quantity of alcohol after the time of actual driving, 
 19.35  operating, or physical control of a motor vehicle and before the 
 19.36  administration of the evidentiary test to cause the defendant's 
 20.1   alcohol concentration to exceed 0.10 the level specified in the 
 20.2   applicable clause.  Evidence that the defendant consumed alcohol 
 20.3   after the time of actual driving, operating, or being in 
 20.4   physical control of a motor vehicle may not be admitted in 
 20.5   defense to any alleged violation of this section unless notice 
 20.6   is given to the prosecution prior to the omnibus or pretrial 
 20.7   hearing in the matter. 
 20.8      (e) If proven by a preponderance of the evidence, it shall 
 20.9   be an affirmative defense to a violation of subdivision 1, 
 20.10  clause (g) (i), that the defendant used the controlled substance 
 20.11  according to the terms of a prescription issued for the 
 20.12  defendant in accordance with sections 152.11 and 152.12.  
 20.13     (f) The preceding provisions do not limit the introduction 
 20.14  of any other competent evidence bearing upon the question of 
 20.15  whether the person violated this section, including tests 
 20.16  obtained more than two hours after the alleged violation and 
 20.17  results obtained from partial tests on an infrared 
 20.18  breath-testing instrument.  A result from a partial test is the 
 20.19  measurement obtained by analyzing one adequate breath sample, as 
 20.20  defined in section 169.123, subdivision 2b, paragraph (b). 
 20.21     Sec. 29.  Minnesota Statutes 1996, section 169.121, 
 20.22  subdivision 3, is amended to read: 
 20.23     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
 20.24  subdivision section:  
 20.25     (1) "Prior impaired driving conviction" means a prior 
 20.26  conviction under: 
 20.27     (i) this section; Minnesota Statutes 1996, section 84.91, 
 20.28  subdivision 1, paragraph (a);, or 86B.331, subdivision 1, 
 20.29  paragraph (a); section 84.91, subdivision 1a; section 86B.331, 
 20.30  subdivision 1a; section 169.1211; section 169.129; or section 
 20.31  360.0752; 
 20.32     (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 20.33  609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
 20.34  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
 20.35  (6); 609.21, subdivision 3, clauses (2) to (6); 609.21, or 
 20.36  subdivision 4, clauses (2) to (6); or 
 21.1      (iii) an ordinance from this state, or a statute or 
 21.2   ordinance from another state, in conformity with any of 
 21.3   them provision listed in item (i) or (ii). 
 21.4      A prior impaired driving conviction also includes a prior 
 21.5   juvenile adjudication that would have been a prior impaired 
 21.6   driving conviction if committed by an adult; and. 
 21.7      (2) "Prior license revocation" means a driver's license 
 21.8   suspension, revocation, or cancellation, denial, or 
 21.9   disqualification under: 
 21.10     (i) this section; or section 169.1211, 169.123;, 
 21.11  171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 
 21.12  because of an alcohol-related incident; 
 21.13     (ii) section 609.21, subdivision 1, clauses (2) to 
 21.14  (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
 21.15  subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
 21.16  clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6); 
 21.17  or 609.21, subdivision 4, clauses (2) to (6); or 
 21.18     (iii) an ordinance from this state, or a statute or 
 21.19  ordinance from another state, in conformity with any of them 
 21.20  provision listed in item (i) or (ii). 
 21.21     "Prior license revocation" also means the revocation of 
 21.22  snowmobile or all-terrain vehicle operating privileges under 
 21.23  section 84.911, or motorboat operating privileges under section 
 21.24  86B.335, for violations that occurred on or after August 1, 1995.
 21.25     (b) A person who violates subdivision 1, clause (a), (b), 
 21.26  (c), (d), (e), (f), (h), or (i), or subdivision 1a, or an 
 21.27  ordinance in conformity with either any of them, is guilty of a 
 21.28  misdemeanor. 
 21.29     (c) A person is guilty of a gross misdemeanor under any of 
 21.30  the following circumstances: 
 21.31     (1) the person violates subdivision 1, clause (g); 
 21.32     (2) the person violates subdivision 1, clause (a), (b), 
 21.33  (c), (d), (e), (f), (h), or (i), within five years of a prior 
 21.34  impaired driving conviction, or within ten years of the first of 
 21.35  two or more prior impaired driving convictions; 
 21.36     (2) (3) the person violates subdivision 1a within five 
 22.1   years of a prior impaired driving conviction or a prior license 
 22.2   revocation, or within ten years of the first of two or more 
 22.3   prior license revocations; 
 22.4      (3) (4) the person violates section 169.26 while in 
 22.5   violation of subdivision 1; or 
 22.6      (4) (5) the person violates subdivision 1 or 1a while a 
 22.7   child under the age of 16 is in the vehicle, if the child is 
 22.8   more than 36 months younger than the violator. 
 22.9      A person convicted of a gross misdemeanor under this 
 22.10  paragraph is subject to the mandatory penalties provided in 
 22.11  subdivision 3d. 
 22.12     (d) A person is guilty of an enhanced gross misdemeanor 
 22.13  under any of the following circumstances: 
 22.14     (1) the person violates subdivision 1, clause (g), or 
 22.15  commits a violation described in paragraph (c), clause (4) or 
 22.16  (5), within ten years of a prior impaired driving conviction, or 
 22.17  within ten years of the first of two prior impaired driving 
 22.18  convictions; 
 22.19     (2) the person violates subdivision 1, clause (a), (b), 
 22.20  (c), (d), (e), (f), (h), or (i), within ten years of the first 
 22.21  of two or more prior impaired driving convictions; or 
 22.22     (3) the person violates subdivision 1a within ten years of 
 22.23  the first of two or more prior impaired driving convictions, two 
 22.24  or more prior license revocations, or any combination of two or 
 22.25  more prior impaired driving convictions and prior license 
 22.26  revocations, based on separate incidents. 
 22.27     A person convicted of an enhanced gross misdemeanor under 
 22.28  this paragraph may be sentenced to imprisonment in a local 
 22.29  correctional facility for not more than two years or to payment 
 22.30  of a fine of not more than $3,000, or both.  Additionally, the 
 22.31  person is subject to the applicable mandatory penalties provided 
 22.32  in subdivision 3e. 
 22.33     (d) (e) The attorney in the jurisdiction in which the 
 22.34  violation occurred who is responsible for prosecution of 
 22.35  misdemeanor violations of this section shall also be responsible 
 22.36  for prosecution of gross misdemeanor and enhanced gross 
 23.1   misdemeanor violations of this section. 
 23.2      (e) (f) The court must impose consecutive sentences when it 
 23.3   sentences a person for a violation of this section or section 
 23.4   169.129 arising out of separate behavioral incidents.  The court 
 23.5   also must impose a consecutive sentence when it sentences a 
 23.6   person for a violation of this section or section 169.129 and 
 23.7   the person, at the time of sentencing, is on probation for, or 
 23.8   serving, an executed sentence for a violation of this section or 
 23.9   section 169.129 and the prior sentence involved a separate 
 23.10  behavioral incident.  The court also may order that the sentence 
 23.11  imposed for a violation of this section or section 169.129 shall 
 23.12  run consecutively to a previously imposed misdemeanor, gross 
 23.13  misdemeanor or felony sentence for a violation other than this 
 23.14  section or section 169.129.  
 23.15     (g) When the court stays the sentence of a person convicted 
 23.16  under this section, the length of the stay is governed by 
 23.17  section 609.135, subdivision 2. 
 23.18     (f) (h) The court may impose consecutive sentences for 
 23.19  offenses arising out of a single course of conduct as permitted 
 23.20  in section 609.035, subdivision 2.  
 23.21     (g) (i) When an attorney responsible for prosecuting gross 
 23.22  misdemeanors or enhanced gross misdemeanors under this section 
 23.23  requests criminal history information relating to prior impaired 
 23.24  driving convictions from a court, the court must furnish the 
 23.25  information without charge. 
 23.26     (h) (j) A violation of subdivision 1a may be prosecuted 
 23.27  either in the jurisdiction where the arresting officer observed 
 23.28  the defendant driving, operating, or in control of the motor 
 23.29  vehicle or in the jurisdiction where the refusal occurred. 
 23.30     Sec. 30.  Minnesota Statutes 1996, section 169.121, 
 23.31  subdivision 3b, is amended to read: 
 23.32     Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.] 
 23.33  The court must order a person to submit to the level of care 
 23.34  recommended in the chemical use assessment if a the person has 
 23.35  been convicted under of violating: 
 23.36     (1) subdivision 1, subdivision 1a, clause (g); or 
 24.1      (2) subdivision 1, clause (a), (b), (c), (d), (e), (f), 
 24.2   (h), or (i), subdivision 1a, section 169.129, an ordinance in 
 24.3   conformity with any of them, or a statute or ordinance from 
 24.4   another state in conformity with any of them, and if the person 
 24.5   is then convicted of violating subdivision 1, subdivision 1a, 
 24.6   section 169.129, or an ordinance in conformity with any of them 
 24.7   (1) once: 
 24.8      (i) within five years of the first a prior impaired driving 
 24.9   conviction or (2) two or more times a prior license revocation; 
 24.10  or 
 24.11     (ii) within ten years after the first conviction, the court 
 24.12  must order the person to submit to the level of care recommended 
 24.13  in the chemical use assessment required under section 169.126 of 
 24.14  two or more prior impaired driving convictions, two or more 
 24.15  prior license revocations, or a prior impaired driving 
 24.16  conviction and a prior license revocation, based on separate 
 24.17  incidents.  
 24.18     Sec. 31.  Minnesota Statutes 1996, section 169.121, 
 24.19  subdivision 3c, is amended to read: 
 24.20     Subd. 3c.  [NOTICE OF ENHANCED PENALTIES.] When a court 
 24.21  sentences a person for a misdemeanor or gross misdemeanor 
 24.22  violation of this section, it shall inform the defendant of the 
 24.23  statutory provisions that provide for enhancement of criminal 
 24.24  penalties for repeat violators.  The failure of a court to 
 24.25  provide this information to a defendant does not affect the 
 24.26  future applicability of these enhanced penalties to that 
 24.27  defendant. 
 24.28     Sec. 32.  Minnesota Statutes 1996, section 169.121, is 
 24.29  amended by adding a subdivision to read: 
 24.30     Subd. 3d.  [GROSS MISDEMEANORS; MANDATORY PENALTIES.] (a) 
 24.31  The mandatory penalties in this subdivision apply to persons 
 24.32  convicted of a gross misdemeanor under subdivision 3, paragraph 
 24.33  (c), or section 169.129. 
 24.34     (b) A person who is convicted of a gross misdemeanor under 
 24.35  subdivision 3, paragraph (c), or is convicted of a gross 
 24.36  misdemeanor violation of section 169.129 within five years of a 
 25.1   prior impaired driving conviction or prior license revocation, 
 25.2   must be sentenced to a minimum of 30 days imprisonment, at least 
 25.3   48 hours of which must be served consecutively, or to eight 
 25.4   hours of community work service for each day less than 30 days 
 25.5   that the person is ordered to serve in jail.  Notwithstanding 
 25.6   section 609.135, the above sentence must be executed, unless the 
 25.7   court departs from the mandatory minimum sentence under 
 25.8   paragraph (c) or (d). 
 25.9      (c) Prior to sentencing, the prosecutor may file a motion 
 25.10  to have the defendant sentenced without regard to the mandatory 
 25.11  minimum sentence established by this subdivision.  The motion 
 25.12  must be accompanied by a statement on the record of the reasons 
 25.13  for it.  When presented with the prosecutor's motion and if it 
 25.14  finds that substantial mitigating factors exist, the court shall 
 25.15  sentence the defendant without regard to the mandatory minimum 
 25.16  sentence established by this subdivision.  
 25.17     (d) The court may, on its own motion, sentence the 
 25.18  defendant without regard to the mandatory minimum sentence 
 25.19  established by this subdivision if it finds that substantial 
 25.20  mitigating factors exist and if its sentencing departure is 
 25.21  accompanied by a statement on the record of the reasons for it.  
 25.22  The court also may sentence the defendant without regard to the 
 25.23  mandatory minimum sentence established by this subdivision if 
 25.24  the defendant is sentenced to probation and ordered to 
 25.25  participate in a program established under section 169.1265. 
 25.26     (e) When any portion of the sentence required by this 
 25.27  subdivision is not executed, the court should impose a sentence 
 25.28  that is proportional to the extent of the offender's prior 
 25.29  criminal and moving traffic violation record.  Any sentence 
 25.30  required under this subdivision must include a mandatory 
 25.31  sentence that is not subject to suspension or a stay of 
 25.32  imposition or execution, and that includes incarceration for not 
 25.33  less than 48 consecutive hours or at least 80 hours of community 
 25.34  work service. 
 25.35     Sec. 33.  Minnesota Statutes 1996, section 169.121, is 
 25.36  amended by adding a subdivision to read: 
 26.1      Subd. 3e.  [ENHANCED GROSS MISDEMEANORS; MANDATORY 
 26.2   PENALTIES.] (a) The mandatory penalties in this subdivision 
 26.3   apply to persons who are convicted of an enhanced gross 
 26.4   misdemeanor under subdivision 3, paragraph (d), or section 
 26.5   169.129.  Notwithstanding section 609.135, these penalties must 
 26.6   be imposed and executed. 
 26.7      (b) A person who is convicted of an enhanced gross 
 26.8   misdemeanor under the circumstances described in subdivision 3, 
 26.9   paragraph (d), clause (1), shall be sentenced as follows: 
 26.10     (1) if the person has one prior impaired driving conviction 
 26.11  within the past ten years, the person must be sentenced to a 
 26.12  minimum of 90 days of incarceration, at least 30 days of which 
 26.13  must be served consecutively in a local correctional facility.  
 26.14  The court may order that the person serve not more than 60 days 
 26.15  of this minimum penalty on home detention or in an intensive 
 26.16  probation program described in section 169.1265; 
 26.17     (2) if the person has two prior impaired driving 
 26.18  convictions within the past ten years, the person must be 
 26.19  sentenced to a minimum of 180 days of incarceration, at least 30 
 26.20  days of which must be served consecutively in a local 
 26.21  correctional facility.  The court may order that the person 
 26.22  serve not more than 150 days of this minimum penalty on home 
 26.23  detention or in an intensive probation program described in 
 26.24  section 169.1265; or 
 26.25     (3) if the person has three prior impaired driving 
 26.26  convictions within the past 15 years, or four or more prior 
 26.27  impaired driving convictions within the person's lifetime, the 
 26.28  person must be sentenced to a minimum of one year of 
 26.29  incarceration, at least 60 days of which must be served 
 26.30  consecutively in a local correctional facility.  The court may 
 26.31  order that the person serve the remainder of this minimum 
 26.32  penalty on intensive probation using an electronic monitoring 
 26.33  system or, if such a system is unavailable, on home detention. 
 26.34     (c) A person who is convicted of an enhanced gross 
 26.35  misdemeanor under the circumstances described in subdivision 3, 
 26.36  paragraph (d), clause (2) or (3), or under section 169.129, 
 27.1   shall be sentenced as follows: 
 27.2      (1) if the person has two prior impaired driving 
 27.3   convictions, two prior license revocations, or a combination of 
 27.4   the two, within the past ten years, the person must be sentenced 
 27.5   to a minimum of 90 days incarceration, at least 30 days of which 
 27.6   must be served consecutively in a local correctional facility.  
 27.7   The court may order that the person serve not more than 60 days 
 27.8   of this minimum penalty on home detention or in an intensive 
 27.9   probation program described in section 169.1265; 
 27.10     (2) if the person has three prior impaired driving 
 27.11  convictions, three prior license revocations, or a combination 
 27.12  of the two, within the past ten years, the person must be 
 27.13  sentenced to a minimum of 180 days of incarceration, at least 30 
 27.14  days of which must be served consecutively in a local 
 27.15  correctional facility.  The court may order that the person 
 27.16  serve not more than 150 days of this minimum penalty on home 
 27.17  detention or in an intensive probation program described in 
 27.18  section 169.1265; or 
 27.19     (3) if the person has four prior impaired driving 
 27.20  convictions within the past 15 years, or five or more prior 
 27.21  impaired driving convictions within the person's lifetime, the 
 27.22  person must be sentenced to a minimum of one year of 
 27.23  incarceration, at least 60 days of which must be served 
 27.24  consecutively in a local correctional facility.  The court may 
 27.25  order that the person serve the remainder of this minimum 
 27.26  penalty on intensive probation using an electronic monitoring 
 27.27  system or, if such a system is unavailable, on home detention. 
 27.28     Sec. 34.  Minnesota Statutes 1996, section 169.121, is 
 27.29  amended by adding a subdivision to read: 
 27.30     Subd. 3f.  [LONG-TERM MONITORING.] (a) This subdivision 
 27.31  applies to a person convicted of: 
 27.32     (1) a violation of subdivision 1 or 1a within five years of 
 27.33  two prior impaired driving convictions, or within ten years of 
 27.34  three or more prior impaired driving convictions; 
 27.35     (2) a violation of subdivision 1 or 1a, if the person is 
 27.36  under the age of 19 years; 
 28.1      (3) a violation of subdivision 1 or 1a, while the person's 
 28.2   driver's license or driving privileges have been canceled under 
 28.3   section 171.04, subdivision 1, clause (9); or 
 28.4      (4) a violation of section 169.129. 
 28.5      (b) When the court sentences a person described in 
 28.6   paragraph (a) to a stayed sentence and when electronic 
 28.7   monitoring equipment is available to the court, the court shall 
 28.8   require that the person participate in a program of electronic 
 28.9   alcohol monitoring in addition to any other conditions of 
 28.10  probation or jail time it imposes.  During the first one-third 
 28.11  of the person's probationary term, the electronic alcohol 
 28.12  monitoring must be continuous and involve measurements of the 
 28.13  person's alcohol at least three times a day.  During the 
 28.14  remainder of the person's probationary term, the electronic 
 28.15  alcohol monitoring may be intermittent, as determined by the 
 28.16  court.  The court may require partial or total reimbursement 
 28.17  from the person for the cost of the electronic alcohol 
 28.18  monitoring. 
 28.19     (c) If the person has been convicted of violating 
 28.20  subdivision 1 or 1a within ten years of three or more prior 
 28.21  impaired driving convictions, the court shall hold a hearing 
 28.22  every six months to review the defendant's conditions of 
 28.23  probation and to determine whether the conditions should be 
 28.24  changed.  The hearing shall be conducted in accordance with 
 28.25  section 609.14, except that the notice of the hearing sent under 
 28.26  section 609.14, subdivision 2, need not specify grounds for 
 28.27  probation revocation.  
 28.28     (d) For purposes of this subdivision, "prior impaired 
 28.29  driving conviction" has the meaning given in subdivision 3. 
 28.30     Sec. 35.  Minnesota Statutes 1996, section 169.121, 
 28.31  subdivision 4, is amended to read: 
 28.32     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
 28.33  of public safety shall revoke the driver's license of a person 
 28.34  convicted of violating this section or an ordinance in 
 28.35  conformity with it as follows:  
 28.36     (1) for an offense under subdivision 1:, not less than 30 
 29.1   days; 
 29.2      (2) for an offense under subdivision 1a:, not less than 90 
 29.3   days; 
 29.4      (3) for an offense occurring within five years after a 
 29.5   prior impaired driving conviction or a prior license revocation, 
 29.6   or any time after two or more prior impaired driving 
 29.7   convictions, two or more prior license revocations, or a prior 
 29.8   impaired driving conviction and a prior license revocation, 
 29.9   based on separate incidents:  
 29.10     (i) if the current conviction is for a violation of 
 29.11  subdivision 1, not less than 180 days and until the court has 
 29.12  certified that treatment or rehabilitation has been successfully 
 29.13  completed where prescribed in accordance with section 169.126; 
 29.14  or 
 29.15     (ii) if the current conviction is for a violation of 
 29.16  subdivision 1a, not less than one year and until the court has 
 29.17  certified that treatment or rehabilitation has been successfully 
 29.18  completed where prescribed in accordance with section 169.126; 
 29.19     (4) for an offense occurring a violation of subdivision 1, 
 29.20  clause (g), any time after a prior impaired driving conviction 
 29.21  or a prior license revocation, not less than one year, together 
 29.22  with denial under section 171.04, subdivision 1, clause (9), 
 29.23  until rehabilitation is established in accordance with standards 
 29.24  established by the commissioner; 
 29.25     (5) for a violation of subdivision 1, clause (a), (b), (c), 
 29.26  (d), (e), (f), (h), or (i), or subdivision 1a, within five years 
 29.27  after the first of two prior impaired driving convictions or, 
 29.28  two prior license revocations:, or a prior impaired driving 
 29.29  conviction and a prior license revocation, based on separate 
 29.30  incidents, not less than one year, together with denial under 
 29.31  section 171.04, subdivision 1, clause (8) (9), until 
 29.32  rehabilitation is established in accordance with standards 
 29.33  established by the commissioner; 
 29.34     (5) (6) for an offense occurring a violation of subdivision 
 29.35  1, clause (g), any time after two or more prior impaired driving 
 29.36  convictions, two or more prior license revocations, or a prior 
 30.1   impaired driving conviction and a prior license revocation, 
 30.2   based on separate incidents, not less than two years, together 
 30.3   with denial under section 171.04, subdivision 1, clause (9), 
 30.4   until rehabilitation is established in accordance with standards 
 30.5   established by the commissioner; or 
 30.6      (7) for a violation of subdivision 1, clause (a), (b), (c), 
 30.7   (d), (e), (f), (h), or (i), or subdivision 1a, any time after 
 30.8   three or more prior impaired driving convictions, three or more 
 30.9   prior license revocations:, or any combination of three or more 
 30.10  prior impaired driving convictions and prior license 
 30.11  revocations, based on separate incidents, not less than two 
 30.12  years, together with denial under section 171.04, subdivision 1, 
 30.13  clause (8) (9), until rehabilitation is established in 
 30.14  accordance with standards established by the commissioner.  
 30.15     (b) If the person convicted of violating this section is 
 30.16  was under the age of 21 years at the time of the violation, the 
 30.17  commissioner of public safety shall revoke the offender's 
 30.18  driver's license or operating privileges for a period of six 
 30.19  months or for the appropriate period of time under paragraph 
 30.20  (a), clauses (1) to (5) (7), for the offense committed, 
 30.21  whichever is the greatest period.  
 30.22     (c) For purposes of this subdivision, a juvenile 
 30.23  adjudication under this section, section 169.129, an ordinance 
 30.24  in conformity with either of them, or a statute or ordinance 
 30.25  from another state in conformity with either of them is an 
 30.26  offense.  
 30.27     (d) Whenever department records show that the violation 
 30.28  involved personal injury or death to any person, not less than 
 30.29  90 additional days shall be added to the base periods provided 
 30.30  above.  
 30.31     (e) Except for a person whose license has been revoked 
 30.32  under paragraph (b), and except for a person who commits a 
 30.33  violation described in subdivision 1, clause (g), or subdivision 
 30.34  3, paragraph (c), clause (4), (child endangerment), any person 
 30.35  whose license has been revoked pursuant to section 169.123 as 
 30.36  the result of the same incident, and who does not have a prior 
 31.1   impaired driving conviction or prior license revocation within 
 31.2   the previous ten years, is subject to the mandatory revocation 
 31.3   provisions of paragraph (a), clause (1) or (2), in lieu of the 
 31.4   mandatory revocation provisions of section 169.123. 
 31.5      (f) As used in this subdivision, the terms "prior impaired 
 31.6   driving conviction" and "prior license revocation" have the 
 31.7   meanings given in subdivision 3, paragraph (a). 
 31.8      Sec. 36.  Minnesota Statutes 1996, section 169.121, 
 31.9   subdivision 6, is amended to read: 
 31.10     Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
 31.11  officer has reason to believe from the manner in which a person 
 31.12  is driving, operating, controlling, or acting upon departure 
 31.13  from a motor vehicle, or has driven, operated, or controlled a 
 31.14  motor vehicle, that the driver may be violating or has violated 
 31.15  subdivision 1 or section 169.1211, the officer may require the 
 31.16  driver to provide a sample of the driver's breath for a 
 31.17  preliminary screening test using a device approved by the 
 31.18  commissioner of public safety for this purpose. 
 31.19     (b) The results of this preliminary screening test shall be 
 31.20  used for the purpose of deciding whether an arrest should be 
 31.21  made and whether to require the tests authorized in section 
 31.22  169.123, but shall not be used in any court action except the 
 31.23  following: 
 31.24     (1) to prove that a test was properly required of a person 
 31.25  pursuant to section 169.123, subdivision 2; 
 31.26     (2) to prove the element of probable cause in a criminal 
 31.27  prosecution for a violation of subdivision 1a; 
 31.28     (3) in a civil action arising out of the operation or use 
 31.29  of the motor vehicle; 
 31.30     (3) (4) in an action for license reinstatement under 
 31.31  section 171.19; or 
 31.32     (4) (5) in a prosecution or juvenile court proceeding 
 31.33  concerning a violation of section 169.1218 or 340A.503, 
 31.34  subdivision 1, paragraph (a), clause (2); 
 31.35     (6) in a prosecution under section 169.1211, subdivision 1, 
 31.36  paragraph (b), or 171.30; or 
 32.1      (7) in a prosecution for a violation of a restriction on a 
 32.2   driver's license under section 171.09, which provides that the 
 32.3   license holder may not use or consume any amount of alcohol or a 
 32.4   controlled substance. 
 32.5      (c) Following the screening test additional tests may be 
 32.6   required of the driver pursuant to the provisions of section 
 32.7   169.123. 
 32.8      (d) The driver who refuses to furnish a sample of the 
 32.9   driver's breath is subject to the provisions of section 169.123 
 32.10  unless, in compliance with section 169.123, the driver submits 
 32.11  to a blood, breath or urine test to determine the presence or 
 32.12  amount of alcohol, controlled substances, or hazardous 
 32.13  substances.  
 32.14     Sec. 37.  Minnesota Statutes 1996, section 169.121, 
 32.15  subdivision 11, is amended to read: 
 32.16     Subd. 11.  [APPLICABILITY TO RECREATIONAL VEHICLES.] For 
 32.17  purposes of this section and section 169.123, "motor vehicle" 
 32.18  does not include a snowmobile as defined in section 84.81, or an 
 32.19  all-terrain vehicle as defined in section 84.92.  This 
 32.20  subdivision does not prevent the commissioner of public safety 
 32.21  from recording on driving records violations involving 
 32.22  snowmobiles and all-terrain vehicles includes off-road 
 32.23  recreational vehicles and motorboats. 
 32.24     Sec. 38.  Minnesota Statutes 1996, section 169.1211, 
 32.25  subdivision 1, is amended to read: 
 32.26     Subdivision 1.  [CRIME CRIMES.] (a) It is a misdemeanor 
 32.27  crime for any person to drive, operate, or be in physical 
 32.28  control of any commercial motor vehicle within this state or 
 32.29  upon the ice of any boundary water of this state: 
 32.30     (1) when the person's alcohol concentration is 0.04 or more 
 32.31  but less than 0.20; or 
 32.32     (2) when the person's alcohol concentration as measured 
 32.33  within two hours of the time of driving, operating, or being in 
 32.34  physical control of the commercial motor vehicle is 0.04 or more 
 32.35  but less than 0.20; or 
 32.36     (3) when the person's alcohol concentration at the time, or 
 33.1   as measured within two hours of the time, of driving, operating, 
 33.2   or being in physical control of the commercial motor vehicle is 
 33.3   0.20 or more.  
 33.4      (b) It is a crime for any person to drive, operate, or be 
 33.5   in physical control of any class of school bus or Head Start bus 
 33.6   within this state or upon the ice of any boundary water of this 
 33.7   state when there is physical evidence present in the person's 
 33.8   body of the consumption of any alcohol. 
 33.9      Sec. 39.  Minnesota Statutes 1996, section 169.1211, is 
 33.10  amended by adding a subdivision to read: 
 33.11     Subd. 3a.  [CRIMINAL PENALTY.] (a) Except as otherwise 
 33.12  provided in paragraph (b), a person who violates subdivision 1, 
 33.13  or an ordinance in conformity with it, is guilty of a 
 33.14  misdemeanor. 
 33.15     (b) A person who violates subdivision 1, paragraph (a), 
 33.16  clause (3), is guilty of a gross misdemeanor. 
 33.17     Sec. 40.  Minnesota Statutes 1996, section 169.1217, is 
 33.18  amended to read: 
 33.19     169.1217 [VEHICLE FORFEITURE FOR COMMISSION OF DESIGNATED 
 33.20  OFFENSES AND LICENSE REVOCATIONS.] 
 33.21     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 33.22  following terms have the meanings given them: 
 33.23     (a) "Appropriate agency" means a law enforcement agency 
 33.24  that has the authority to make an arrest for a violation of a 
 33.25  designated offense or to require a test under section 169.123. 
 33.26     (b) "Designated license revocation" includes a license 
 33.27  revocation under section 169.123: 
 33.28     (1) within five years of two prior impaired driving 
 33.29  convictions, two prior license revocations, or any combination 
 33.30  of two prior impaired driving convictions and prior license 
 33.31  revocations, based on separate incidents; or 
 33.32     (2) within 15 years of the first of three or more prior 
 33.33  impaired driving convictions, three or more prior license 
 33.34  revocations, or any combination of three or more prior impaired 
 33.35  driving convictions and prior license revocations, based on 
 33.36  separate incidents. 
 34.1      (c) "Designated offense" includes a violation of:  
 34.2      (1) section 169.121, or an ordinance from this state or a 
 34.3   statute or ordinance from another state in conformity with it, 
 34.4   or 169.129: 
 34.5      (1) (i) within five years of three two prior impaired 
 34.6   driving convictions or three, two prior license revocations, or 
 34.7   one prior impaired driving conviction and one prior license 
 34.8   revocation, based on separate incidents; 
 34.9      (2) (ii) within 15 years of the first of four three or more 
 34.10  prior impaired driving convictions or the first of four, three 
 34.11  or more prior license revocations, or any combination of three 
 34.12  or more prior impaired driving convictions and prior license 
 34.13  revocations, based on separate incidents; 
 34.14     (3) (iii) by a person whose driver's license or driving 
 34.15  privileges have been canceled under section 171.04, subdivision 
 34.16  1, clause (8) (9); or 
 34.17     (4) (iv) by a person who is subject to a restriction on the 
 34.18  person's driver's license under section 171.09 which provides 
 34.19  that the person may not use or consume any amount of alcohol or 
 34.20  a controlled substance.; or 
 34.21     "Designated offense" also includes a violation of (2) 
 34.22  section 169.121, subdivision 3, paragraph (c), clause (4) (5): 
 34.23     (1) (i) within five years of two a prior impaired driving 
 34.24  convictions conviction or two a prior license revocations 
 34.25  based on separate incidents revocation; or 
 34.26     (2) (ii) within 15 years of the first of three two or more 
 34.27  prior impaired driving convictions or the first of three, two or 
 34.28  more prior license revocations, or a prior impaired driving 
 34.29  conviction and a prior license revocation, based on separate 
 34.30  incidents. 
 34.31     (c) (d) "Motor vehicle" and "vehicle" have the meaning 
 34.32  given "motor vehicle" in section 169.121, subdivision 11.  The 
 34.33  terms do not include a vehicle which is stolen or taken in 
 34.34  violation of the law. 
 34.35     (d) (e) "Owner" means the registered owner of the motor 
 34.36  vehicle according to records of the department of public safety 
 35.1   and includes a lessee of a motor vehicle if the lease agreement 
 35.2   has a term of 180 days or more. 
 35.3      (e) (f) "Prior impaired driving conviction" has the meaning 
 35.4   given it in section 169.121, subdivision 3.  A prior impaired 
 35.5   driving conviction also includes a prior juvenile adjudication 
 35.6   that would have been a prior impaired driving conviction if 
 35.7   committed by an adult. 
 35.8      (f) (g) "Prior license revocation" has the meaning given it 
 35.9   in section 169.121, subdivision 3. 
 35.10     (g) (h) "Prosecuting authority" means the attorney in the 
 35.11  jurisdiction in which the designated offense occurred who is 
 35.12  responsible for prosecuting violations of a designated offense. 
 35.13     Subd. 2.  [SEIZURE.] A motor vehicle subject to forfeiture 
 35.14  under this section may be seized by the appropriate agency upon 
 35.15  process issued by any court having jurisdiction over the 
 35.16  vehicle. Property may be seized without process if: 
 35.17     (1) the seizure is incident to a lawful arrest or a lawful 
 35.18  search; 
 35.19     (2) the vehicle subject to seizure has been the subject of 
 35.20  a prior judgment in favor of the state in a criminal injunction 
 35.21  or forfeiture proceeding under this section; or 
 35.22     (3) the appropriate agency has probable cause to believe 
 35.23  that the delay occasioned by the necessity to obtain process 
 35.24  would result in the removal or destruction of the vehicle.  If 
 35.25  property is seized without process under this clause (3), the 
 35.26  prosecuting authority must institute a forfeiture action under 
 35.27  this section as soon as is reasonably possible. 
 35.28     Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
 35.29  OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
 35.30  subject to forfeiture under this section vests in the 
 35.31  appropriate agency upon commission of the conduct resulting in 
 35.32  the designated offense or designated license revocation giving 
 35.33  rise to the forfeiture.  Any vehicle seized under this section 
 35.34  is not subject to replevin, but is deemed to be in the custody 
 35.35  of the appropriate agency subject to the orders and decrees of 
 35.36  the court having jurisdiction over the forfeiture proceedings.  
 36.1   When a vehicle is so seized, the appropriate agency may: 
 36.2      (1) place the vehicle under seal; 
 36.3      (2) remove the vehicle to a place designated by it; 
 36.4      (3) place a disabling device on the vehicle; and 
 36.5      (4) take other steps reasonable and necessary to secure the 
 36.6   vehicle and prevent waste. 
 36.7      Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
 36.8   vehicle that has been seized under this section seeks possession 
 36.9   of the vehicle before the forfeiture action is determined, the 
 36.10  owner may, subject to the approval of the appropriate agency, 
 36.11  give security or post bond payable to the appropriate agency in 
 36.12  an amount equal to the retail value of the seized vehicle.  On 
 36.13  posting the security or bond, the seized vehicle may be returned 
 36.14  to the owner only if a disabling device is attached to the 
 36.15  vehicle.  The forfeiture action shall proceed against the 
 36.16  security as if it were the seized vehicle. 
 36.17     Subd. 5.  [EVIDENCE.] Certified copies of court records and 
 36.18  motor vehicle and driver's license records concerning prior 
 36.19  impaired driving convictions and prior license revocations are 
 36.20  admissible as substantive evidence where necessary to prove the 
 36.21  commission of a designated offense or the occurrence of a 
 36.22  designated license revocation. 
 36.23     Subd. 6.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 
 36.24  vehicle is subject to forfeiture under this section if it was 
 36.25  used in the commission of a designated offense or was used in 
 36.26  conduct resulting in a designated license revocation. 
 36.27     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 
 36.28  (a) A vehicle is subject to forfeiture under this section only 
 36.29  if: 
 36.30     (1) the driver is convicted of the designated offense upon 
 36.31  which the forfeiture is based; or 
 36.32     (2) the driver fails to appear with respect to the 
 36.33  designated offense charge in violation of section 609.49; or 
 36.34     (3) the driver's conduct results in a designated license 
 36.35  revocation and the driver either fails to seek administrative or 
 36.36  judicial review of the revocation in a timely manner as required 
 37.1   by section 169.123, subdivision 5b or 5c, or the revocation is 
 37.2   sustained under section 169.123, subdivision 5b or 6. 
 37.3      (b) A vehicle encumbered by a bona fide security interest, 
 37.4   or subject to a lease that has a term of 180 days or more, is 
 37.5   subject to the interest of the secured party or lessor unless 
 37.6   the party or lessor had knowledge of or consented to the act 
 37.7   upon which the forfeiture is based. 
 37.8      (c) Notwithstanding paragraph (b), the secured party's or 
 37.9   lessor's interest in a vehicle is not subject to forfeiture 
 37.10  based solely on the secured party's or lessor's knowledge of the 
 37.11  act or omission upon which the forfeiture is based if the 
 37.12  secured party or lessor took reasonable steps to terminate use 
 37.13  of the vehicle by the offender. 
 37.14     (d) A motor vehicle is subject to forfeiture under this 
 37.15  section only if its owner knew or should have known of the 
 37.16  unlawful use or intended use. 
 37.17     (e) A vehicle subject to a security interest, based upon a 
 37.18  loan or other financing arranged by a financial institution, is 
 37.19  subject to the interest of the financial institution.  
 37.20     Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 37.21  motor vehicle used to commit a designated offense or used in 
 37.22  conduct resulting in a designated license revocation is subject 
 37.23  to administrative forfeiture under this subdivision. 
 37.24     (b) When a motor vehicle is seized under subdivision 2, the 
 37.25  appropriate agency shall serve the driver or operator of the 
 37.26  vehicle with a notice of the seizure and intent to forfeit the 
 37.27  vehicle.  Additionally, when a motor vehicle is seized under 
 37.28  subdivision 2, or within a reasonable time after that, all 
 37.29  persons known to have an ownership or possessory interest in the 
 37.30  vehicle must be notified of the seizure and the intent to 
 37.31  forfeit the vehicle.  Notice mailed by certified mail to the 
 37.32  address shown in department of public safety records is 
 37.33  sufficient notice to the registered owner of the vehicle.  
 37.34  Otherwise, notice may be given in the manner provided by law for 
 37.35  service of a summons in a civil action. 
 37.36     (c) The notice must be in writing and contain:  
 38.1      (1) a description of the vehicle seized; 
 38.2      (2) the date of seizure; and 
 38.3      (3) notice of the right to obtain judicial review of the 
 38.4   forfeiture and of the procedure for obtaining that judicial 
 38.5   review, printed in English, Hmong, and Spanish.  Substantially 
 38.6   the following language must appear conspicuously:  "IF YOU DO 
 38.7   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 38.8   STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
 38.9   TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 38.10  RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 38.11  HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 38.12  UNABLE TO AFFORD THE FEE.  YOU DO NOT HAVE TO PAY THE FILING FEE 
 38.13  IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 
 38.14  IN CONCILIATION COURT." 
 38.15     (d) Within 60 days following service of a notice of seizure 
 38.16  and forfeiture under this subdivision, a claimant may file a 
 38.17  demand for a judicial determination of the forfeiture.  The 
 38.18  demand must be in the form of a civil complaint and must be 
 38.19  filed with the court administrator in the county in which the 
 38.20  seizure occurred, together with proof of service of a copy of 
 38.21  the complaint on the prosecuting authority having jurisdiction 
 38.22  over the forfeiture, and the standard filing fee for civil 
 38.23  actions unless the petitioner has the right to sue in forma 
 38.24  pauperis under section 563.01.  If the value of the seized 
 38.25  property is less than $500, the claimant may file an action in 
 38.26  conciliation court for recovery of the seized vehicle without 
 38.27  paying the conciliation court filing fee.  No responsive 
 38.28  pleading is required of the prosecuting authority and no court 
 38.29  fees may be charged for the prosecuting authority's appearance 
 38.30  in the matter.  The proceedings are governed by the rules of 
 38.31  civil procedure.  
 38.32     (e) The complaint must be captioned in the name of the 
 38.33  claimant as plaintiff and the seized vehicle as defendant, and 
 38.34  must state with specificity the grounds on which the claimant 
 38.35  alleges the vehicle was improperly seized and the plaintiff's 
 38.36  interest in the vehicle seized.  Notwithstanding any law to the 
 39.1   contrary, an action for the return of a vehicle seized under 
 39.2   this section may not be maintained by or on behalf of any person 
 39.3   who has been served with a notice of seizure and forfeiture 
 39.4   unless the person has complied with this subdivision. 
 39.5      (f) If the claimant makes a timely demand for a judicial 
 39.6   determination under this subdivision, the appropriate agency 
 39.7   must conduct the forfeiture under subdivision 8. 
 39.8      (g) If a demand for judicial determination of an 
 39.9   administrative forfeiture is filed under this subdivision and 
 39.10  the court orders the return of the seized vehicle, the court 
 39.11  shall order that filing fees be reimbursed to the person who 
 39.12  filed the demand.  In addition, the court may order the payment 
 39.13  of reasonable costs, expenses, and attorney fees under section 
 39.14  549.21, subdivision 2.  
 39.15     Subd. 8.  [JUDICIAL FORFEITURE PROCEDURE.] (a) This 
 39.16  subdivision governs judicial determinations of the forfeiture of 
 39.17  a motor vehicle used to commit a designated offense is subject 
 39.18  to forfeiture under this subdivision or used in conduct 
 39.19  resulting in a designated license revocation. 
 39.20     (b) A separate complaint shall be filed against the 
 39.21  vehicle, describing it, and specifying that it was used in the 
 39.22  commission of a designated offense or was used in conduct 
 39.23  resulting in a designated license revocation, and specifying the 
 39.24  time and place of its unlawful use.  If the person charged with 
 39.25  a designated offense appears in court as required and is not 
 39.26  convicted of the offense, the court shall dismiss the complaint 
 39.27  against the vehicle and order the property returned to the 
 39.28  person legally entitled to it.  Likewise, if a designated 
 39.29  license revocation is rescinded under section 169.123, 
 39.30  subdivision 5a or 6, the court shall dismiss the complaint 
 39.31  against the vehicle and order the property returned to the 
 39.32  person legally entitled to it.  If the lawful ownership of the 
 39.33  vehicle used in the commission of a designated offense or used 
 39.34  in conduct resulting in a designated license revocation can be 
 39.35  determined and it is found the owner was not privy to commission 
 39.36  of a designated offense or was not privy to the conduct 
 40.1   resulting in the designated license revocation, the vehicle 
 40.2   shall be returned immediately. 
 40.3      Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
 40.4   vehicle is administratively forfeited under subdivision 7a, or 
 40.5   if the court finds under subdivision 8 that the vehicle is 
 40.6   subject to forfeiture under subdivisions 6 and 7, it shall order 
 40.7   the appropriate agency to shall: 
 40.8      (1) sell the vehicle and distribute the proceeds under 
 40.9   paragraph (b); or 
 40.10     (2) keep the vehicle for official use.  If the agency keeps 
 40.11  a forfeited motor vehicle for official use, it shall make 
 40.12  reasonable efforts to ensure that the motor vehicle is available 
 40.13  for use by the agency's officers who participate in the drug 
 40.14  abuse resistance education program. 
 40.15     (b) Except as otherwise provided in paragraph (c), the 
 40.16  proceeds from the sale of forfeited vehicles, after payment of 
 40.17  seizure, storage, forfeiture, and sale expenses, and 
 40.18  satisfaction of valid liens against the property, must be 
 40.19  forwarded to the treasury of the political subdivision that 
 40.20  employs the appropriate agency responsible for the forfeiture 
 40.21  for use in DWI-related enforcement, training and education.  If 
 40.22  the appropriate agency is an agency of state government, the net 
 40.23  proceeds must be forwarded to the state treasury and credited to 
 40.24  the general fund These proceeds shall be in addition to and 
 40.25  shall not directly displace other funds in the appropriate 
 40.26  agency's budget. 
 40.27     (c) The proceeds from the sale of forfeited off-road 
 40.28  recreational vehicles and motorboats, after payment of seizure, 
 40.29  storage, forfeiture, and sale expenses, and satisfaction of 
 40.30  valid liens against the property, must be forwarded to the state 
 40.31  treasury and credited to the following funds: 
 40.32     (1) if the forfeited vehicle is a motorboat, the net 
 40.33  proceeds must be credited to the water recreation account in the 
 40.34  natural resources fund; 
 40.35     (2) if the forfeited vehicle is a snowmobile, the net 
 40.36  proceeds must be credited to the snowmobile trails and 
 41.1   enforcement account in the natural resources fund; 
 41.2      (3) if the forfeited vehicle is an all-terrain vehicle, the 
 41.3   net proceeds must be credited to the all-terrain vehicle account 
 41.4   in the natural resources fund; and 
 41.5      (4) if otherwise, the net proceeds must be credited to the 
 41.6   general fund. 
 41.7      Sec. 41.  Minnesota Statutes 1996, section 169.1218, is 
 41.8   amended to read: 
 41.9      169.1218 [UNDERAGE DRINKING AND DRIVING.] 
 41.10     (a) It is a misdemeanor for a person under the age of 21 
 41.11  years to drive or operate a motor vehicle while consuming 
 41.12  alcoholic beverages, or after having consumed alcoholic 
 41.13  beverages while there is physical evidence of the consumption 
 41.14  present in the person's body. 
 41.15     (b) When a person is found to have committed an offense 
 41.16  under paragraph (a), the court shall notify the commissioner of 
 41.17  public safety of its determination.  Upon receipt of the court's 
 41.18  determination, the commissioner shall suspend the person's 
 41.19  driver's license or operating privileges for 30 days, or for 180 
 41.20  days if the person has previously been found to have violated 
 41.21  paragraph (a) or a statute or ordinance in conformity with 
 41.22  paragraph (a). 
 41.23     (c) If the person's conduct violates section 169.121, 
 41.24  subdivision 1 or 1a, or 169.1211, the penalties and license 
 41.25  sanctions in those laws apply instead of the license sanction in 
 41.26  paragraph (b). 
 41.27     (d) An offense under paragraph (a) may be prosecuted either 
 41.28  in the jurisdiction where consumption occurs or the jurisdiction 
 41.29  where evidence of consumption is observed. 
 41.30     Sec. 42.  Minnesota Statutes 1996, section 169.123, 
 41.31  subdivision 1, is amended to read: 
 41.32     Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
 41.33  this section, section 169.121, and section 169.1211, the term 
 41.34  peace officer means (1) a state patrol officer, (2) University 
 41.35  of Minnesota peace officer, (3) a constable as defined in 
 41.36  section 367.40, subdivision 3, or (4) police officer of any 
 42.1   municipality, including towns having powers under section 
 42.2   368.01, or county, and (5) for purposes of violations of those 
 42.3   sections in or on an off-road recreational vehicle or motorboat, 
 42.4   a state conservation officer. 
 42.5      Sec. 43.  Minnesota Statutes 1996, section 169.123, 
 42.6   subdivision 2, is amended to read: 
 42.7      Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
 42.8   (a) Any person who drives, operates, or is in physical control 
 42.9   of a motor vehicle within this state or upon the ice of any 
 42.10  boundary water of this state consents, subject to the provisions 
 42.11  of this section and sections 169.121 and 169.1211, to a chemical 
 42.12  test of that person's blood, breath, or urine for the purpose of 
 42.13  determining the presence of alcohol, controlled substances, or 
 42.14  hazardous substances.  The test shall be administered at the 
 42.15  direction of a peace officer.  The test may be required of a 
 42.16  person when an officer has probable cause to believe the person 
 42.17  was driving, operating, or in physical control of a motor 
 42.18  vehicle in violation of section 169.121 and one of the following 
 42.19  conditions exist: 
 42.20     (1) the person has been lawfully placed under arrest for 
 42.21  violation of section 169.121, or an ordinance in conformity with 
 42.22  it; 
 42.23     (2) the person has been involved in a motor vehicle 
 42.24  accident or collision resulting in property damage, personal 
 42.25  injury, or death; 
 42.26     (3) the person has refused to take the screening test 
 42.27  provided for by section 169.121, subdivision 6; or 
 42.28     (4) the screening test was administered and indicated an 
 42.29  alcohol concentration of 0.10 0.08 or more; or 
 42.30     (5) the screening test was administered and indicated an 
 42.31  alcohol concentration of 0.04 or more, if the person is under 
 42.32  the age of 21 years at the time of the violation.  
 42.33     The test may also be required of a person when an officer 
 42.34  has probable cause to believe the person was driving, operating, 
 42.35  or in physical control of a commercial motor vehicle with the 
 42.36  presence of any alcohol. 
 43.1      (b) At the time a test is requested, the person shall be 
 43.2   informed: 
 43.3      (1) that Minnesota law requires the person to take a test: 
 43.4   (i) to determine if the person is under the influence of 
 43.5   alcohol, controlled substances, or hazardous substances; (ii) to 
 43.6   determine the presence of a controlled substance listed in 
 43.7   schedule I or II, other than marijuana or tetrahydrocannabinols; 
 43.8   and (iii) if the motor vehicle was a commercial motor vehicle, 
 43.9   to determine the presence of alcohol; 
 43.10     (2) that refusal to take a test is a crime; 
 43.11     (3) if the peace officer has probable cause to believe the 
 43.12  person has violated the criminal vehicular homicide and injury 
 43.13  laws, that a test will be taken with or without the person's 
 43.14  consent; and 
 43.15     (4) that the person has the right to consult with an 
 43.16  attorney, but that this right is limited to the extent that it 
 43.17  cannot unreasonably delay administration of the test. 
 43.18     (c) The peace officer who requires a test pursuant to this 
 43.19  subdivision may direct whether the test shall be of blood, 
 43.20  breath, or urine.  Action may be taken against a person who 
 43.21  refuses to take a blood test only if an alternative test was 
 43.22  offered and action may be taken against a person who refuses to 
 43.23  take a urine test only if an alternative test was offered. 
 43.24     Sec. 44.  Minnesota Statutes 1996, section 169.123, 
 43.25  subdivision 3, is amended to read: 
 43.26     Subd. 3.  [MANNER OF MAKING TEST; ADDITIONAL TESTS.] (a) 
 43.27  Only a physician, medical technician, physician's trained mobile 
 43.28  intensive care paramedic, registered nurse, medical technologist 
 43.29  or laboratory assistant acting at the request of a peace officer 
 43.30  may withdraw blood for the purpose of determining the presence 
 43.31  of alcohol, controlled substances, or hazardous substances.  
 43.32  This limitation does not apply to the taking of a breath or 
 43.33  urine sample.  The person tested has the right to have someone 
 43.34  of the person's own choosing administer a chemical test or tests 
 43.35  in addition to any administered at the direction of a peace 
 43.36  officer; provided, that the additional test sample on behalf of 
 44.1   the person is obtained at the place where the person is in 
 44.2   custody, after the test administered at the direction of a peace 
 44.3   officer, and at no expense to the state. 
 44.4      (b) The failure or inability to obtain an additional test 
 44.5   or tests by a person shall not preclude the admission in 
 44.6   evidence of the test taken at the direction of a peace officer 
 44.7   unless the additional test was prevented or denied by the peace 
 44.8   officer. 
 44.9      (c) The physician, medical technician, physician's trained 
 44.10  mobile intensive care paramedic, medical technologist, 
 44.11  laboratory assistant or registered nurse drawing blood at the 
 44.12  request of a peace officer for the purpose of determining the 
 44.13  concentration of alcohol, controlled substances, or hazardous 
 44.14  substances shall in no manner be liable in any civil or criminal 
 44.15  action except for negligence in drawing the blood.  The person 
 44.16  administering a breath test shall be fully trained in the 
 44.17  administration of breath tests pursuant to training given by the 
 44.18  commissioner of public safety. 
 44.19     Sec. 45.  Minnesota Statutes 1996, section 169.123, 
 44.20  subdivision 4, is amended to read: 
 44.21     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 44.22  refuses to permit a test, none shall be given, but the peace 
 44.23  officer shall report the refusal to the commissioner of public 
 44.24  safety and the authority having responsibility for prosecution 
 44.25  of misdemeanor offenses for the jurisdiction in which the acts 
 44.26  occurred.  However, if a peace officer has probable cause to 
 44.27  believe that the person has violated section 609.21, a test may 
 44.28  be required and obtained despite the person's refusal.  A 
 44.29  refusal to submit to an alcohol concentration test does not 
 44.30  constitute a violation of section 609.50, unless the refusal was 
 44.31  accompanied by force or violence or the threat of force or 
 44.32  violence.  
 44.33     (b) If a person submits to a test and, the results of that 
 44.34  test shall be reported to the commissioner of public safety and 
 44.35  to the authority having responsibility for prosecution of 
 44.36  misdemeanor offenses for the jurisdiction in which the acts 
 45.1   occurred, if the test results indicate: 
 45.2      (1) an alcohol concentration of 0.10 0.08 or more; 
 45.3      (2) an alcohol concentration of 0.04 or more, if the person 
 45.4   is under the age of 21 years at the time of the violation; 
 45.5      (3) an alcohol concentration of 0.04 or more, if the person 
 45.6   was driving, operating, or in physical control of a commercial 
 45.7   motor vehicle at the time of the violation; or 
 45.8      (4) the presence of a controlled substance listed in 
 45.9   schedule I or II, other than marijuana or tetrahydrocannabinols, 
 45.10  or if a person was driving, operating, or in physical control of 
 45.11  a commercial motor vehicle and the test results indicate an 
 45.12  alcohol concentration of 0.04 or more, the results of the test 
 45.13  shall be reported to the commissioner of public safety and to 
 45.14  the authority having responsibility for prosecution of 
 45.15  misdemeanor offenses for the jurisdiction in which the acts 
 45.16  occurred. 
 45.17     (c) Upon certification by the peace officer that there 
 45.18  existed probable cause to believe the person had been driving, 
 45.19  operating, or in physical control of a motor vehicle in 
 45.20  violation of section 169.121 and that the person refused to 
 45.21  submit to a test, the commissioner of public safety shall revoke 
 45.22  the person's license or permit to drive, or nonresident 
 45.23  operating privilege, for a period of one year even if a test was 
 45.24  obtained pursuant to this section after the person refused to 
 45.25  submit to testing.  
 45.26     (d) Upon certification by the peace officer that there 
 45.27  existed probable cause to believe the person had been driving, 
 45.28  operating, or in physical control of a commercial motor vehicle 
 45.29  with the presence of any alcohol in violation of section 169.121 
 45.30  or 169.1211, and that the person refused to submit to a test, 
 45.31  the commissioner shall disqualify the person from operating a 
 45.32  commercial motor vehicle for a period of one year under section 
 45.33  171.165 and shall revoke the person's license or permit to drive 
 45.34  or nonresident operating privilege for a period of one year.  
 45.35     (e) Upon certification by the peace officer that there 
 45.36  existed probable cause to believe the person had been driving, 
 46.1   operating, or in physical control of a motor vehicle in 
 46.2   violation of section 169.121 and that the person submitted to a 
 46.3   test and the test results indicate:  an alcohol concentration of 
 46.4   0.10 0.08 or more; an alcohol concentration of 0.04 or more, if 
 46.5   the person is under the age of 21 years at the time of the 
 46.6   violation; or the presence of a controlled substance listed in 
 46.7   schedule I or II, other than marijuana or tetrahydrocannabinols, 
 46.8   then the commissioner of public safety shall revoke the person's 
 46.9   license or permit to drive, or nonresident operating privilege: 
 46.10     (1) for a period of 90 days; or 
 46.11     (2) if the person is under the age of 21 years, for a 
 46.12  period of six months; or 
 46.13     (3) for a person with a prior impaired driving conviction 
 46.14  or prior license revocation within the past five years, for a 
 46.15  period of 180 days.  
 46.16     (f) On certification by the peace officer that there 
 46.17  existed probable cause to believe the person had been driving, 
 46.18  operating, or in physical control of a commercial motor vehicle 
 46.19  with any presence of alcohol and that the person submitted to a 
 46.20  test and the test results indicated an alcohol concentration of 
 46.21  0.04 or more, the commissioner of public safety shall disqualify 
 46.22  the person from operating a commercial motor vehicle under 
 46.23  section 171.165.  
 46.24     (g) If the person is a resident without a license or permit 
 46.25  to operate a motor vehicle in this state, the commissioner of 
 46.26  public safety shall deny to the person the issuance of a license 
 46.27  or permit for the same period after the date of the alleged 
 46.28  violation as provided herein for revocation, subject to review 
 46.29  as hereinafter provided. 
 46.30     (h) As used in this subdivision, the terms "prior impaired 
 46.31  driving conviction" and "prior license revocation" have the 
 46.32  meanings given in section 169.121, subdivision 3, paragraph (a). 
 46.33     Sec. 46.  Minnesota Statutes 1996, section 169.123, 
 46.34  subdivision 5a, is amended to read: 
 46.35     Subd. 5a.  [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 
 46.36  behalf of the commissioner of public safety, a peace officer 
 47.1   requiring a test or directing the administration of a chemical 
 47.2   test shall serve immediate notice of intention to revoke and of 
 47.3   revocation on a person who refuses to permit a test or on a 
 47.4   person who submits to a test the results of which indicate: 
 47.5      (1) an alcohol concentration of 0.10 0.08 or more; or 
 47.6      (2) an alcohol concentration of 0.04 or more, if the person 
 47.7   is under the age of 21 years at the time of the violation.  
 47.8      (b) On behalf of the commissioner of public safety, a peace 
 47.9   officer requiring a test or directing the administration of a 
 47.10  chemical test of a person driving, operating, or in physical 
 47.11  control of a commercial motor vehicle shall serve immediate 
 47.12  notice of intention to disqualify and of disqualification on a 
 47.13  person who refuses to permit a test, or on a person who submits 
 47.14  to a test the results of which indicate an alcohol concentration 
 47.15  of 0.04 or more.  
 47.16     (c) The officer shall either: 
 47.17     (1) take the driver's license or permit, if any, send it to 
 47.18  the commissioner of public safety along with the certificate 
 47.19  required by subdivision 4, and issue a temporary license 
 47.20  effective only for seven days; or 
 47.21     (2) invalidate the driver's license or permit in such a way 
 47.22  that no identifying information is destroyed. 
 47.23     Sec. 47.  Minnesota Statutes 1996, section 169.123, 
 47.24  subdivision 5c, is amended to read: 
 47.25     Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
 47.26  days following receipt of a notice and order of revocation or 
 47.27  disqualification pursuant to this section, a person may petition 
 47.28  the court for review.  The petition shall be filed with the 
 47.29  district court administrator in the county where the alleged 
 47.30  offense occurred, together with proof of service of a copy on 
 47.31  the commissioner of public safety, and accompanied by the 
 47.32  standard filing fee for civil actions.  No responsive pleading 
 47.33  shall be required of the commissioner of public safety, and no 
 47.34  court fees shall be charged for the appearance of the 
 47.35  commissioner of public safety in the matter.  
 47.36     (b) The petition shall must: 
 48.1      (1) be captioned in the full name of the person making the 
 48.2   petition as petitioner and the commissioner of public safety as 
 48.3   respondent.  The petition must; 
 48.4      (2) include the petitioner's date of birth, driver's 
 48.5   license number, and date of the offense.  The petition shall; 
 48.6   and 
 48.7      (3) state with specificity the grounds upon which the 
 48.8   petitioner seeks rescission of the order of revocation, 
 48.9   disqualification, or denial. 
 48.10     (c) The filing of the petition shall not stay the 
 48.11  revocation, disqualification, or denial.  The reviewing court 
 48.12  may order a stay of the balance of the revocation or 
 48.13  disqualification if the hearing has not been conducted within 60 
 48.14  days after filing of the petition upon terms the court deems 
 48.15  proper. 
 48.16     (d) Judicial reviews shall be conducted according to the 
 48.17  rules of civil procedure except that prehearing discovery is 
 48.18  mandatory and includes, but is not limited to: 
 48.19     (1) the notice of revocation; 
 48.20     (2) the test record, or in the case of blood or urine 
 48.21  tests, the certificate of analysis; 
 48.22     (3) the peace officer's certificate and any accompanying 
 48.23  documentation submitted by the arresting officer to the 
 48.24  commissioner of public safety; and 
 48.25     (4) disclosure of potential witnesses, including experts, 
 48.26  and the basis of their testimony. 
 48.27     Sec. 48.  Minnesota Statutes 1996, section 169.123, 
 48.28  subdivision 6, is amended to read: 
 48.29     Subd. 6.  [HEARING.] (a) A hearing under this section shall 
 48.30  be before a district judge in any county in the judicial 
 48.31  district where the alleged offense occurred.  The hearing shall 
 48.32  be to the court and may be conducted at the same time and in the 
 48.33  same manner as hearings upon pretrial motions in the criminal 
 48.34  prosecution under section 169.121, if any.  The hearing shall be 
 48.35  recorded.  The commissioner of public safety shall appear and be 
 48.36  represented by the attorney general or through the prosecuting 
 49.1   authority for the jurisdiction involved.  The hearing shall be 
 49.2   held at the earliest practicable date, and in any event no later 
 49.3   than 60 days following the filing of the petition for review.  
 49.4   The judicial district administrator shall establish procedures 
 49.5   to ensure efficient compliance with this subdivision.  To 
 49.6   accomplish this, the administrator may, whenever possible, 
 49.7   consolidate and transfer review hearings among the county courts 
 49.8   within the judicial district.  
 49.9      (b) The scope of the hearing shall be limited to the issues 
 49.10  in clauses (1) to (9) (11): 
 49.11     (1) Did the peace officer have probable cause to believe 
 49.12  the person was driving, operating, or in physical control of: 
 49.13     (i) a motor vehicle in violation of section 169.121; or 
 49.14     (ii) a commercial motor vehicle in violation of section 
 49.15  169.1211? 
 49.16     (2) Was the person lawfully placed under arrest for 
 49.17  violation of section 169.121 or 169.1211? 
 49.18     (3) Was the person involved in a motor vehicle accident or 
 49.19  collision resulting in property damage, personal injury, or 
 49.20  death? 
 49.21     (4) Did the person refuse to take a screening test provided 
 49.22  for by section 169.121, subdivision 6? 
 49.23     (5) If the screening test was administered, did the test 
 49.24  indicate: 
 49.25     (i) an alcohol concentration of 0.10 0.08 or more; or 
 49.26     (ii) an alcohol concentration of 0.04 or more, if the 
 49.27  person is under the age of 21 years at the time of the violation?
 49.28     (6) At the time of the request for the test, did the peace 
 49.29  officer inform the person of the person's rights and the 
 49.30  consequences of taking or refusing the test as required by 
 49.31  subdivision 2? 
 49.32     (7) Did the person refuse to permit the test? 
 49.33     (8) If the person refused to permit the test, was the 
 49.34  refusal based upon reasonable grounds? 
 49.35     (9) If a test was taken: 
 49.36     (i) by a person driving, operating, or in physical control 
 50.1   of a motor vehicle, did the test results indicate at the time of 
 50.2   testing: 
 50.3      (i) an alcohol concentration of 0.10 0.08 or more at the 
 50.4   time of testing; 
 50.5      (ii) an alcohol concentration of 0.04 or more, if the 
 50.6   person is under the age of 21 years at the time of the 
 50.7   violation; or 
 50.8      (iii) the presence of a controlled substance listed in 
 50.9   schedule I or II, other than marijuana or tetrahydrocannabinols; 
 50.10  or? 
 50.11     (ii) (10) If a test was taken by a person driving, 
 50.12  operating, or in physical control of a commercial motor vehicle, 
 50.13  did the test results indicate an alcohol concentration of 0.04 
 50.14  or more at the time of testing? 
 50.15     (9) (11) Was the testing method used valid and reliable and 
 50.16  were the test results accurately evaluated? 
 50.17     (c) It shall be an affirmative defense for the petitioner 
 50.18  to prove that, at the time of the refusal, the petitioner's 
 50.19  refusal to permit the test was based upon reasonable grounds. 
 50.20     (d) Certified or otherwise authenticated copies of 
 50.21  laboratory or medical personnel reports, records, documents, 
 50.22  licenses, and certificates shall be admissible as substantive 
 50.23  evidence.  
 50.24     (e) The court shall order that the revocation or 
 50.25  disqualification be either rescinded or sustained and forward 
 50.26  the order to the commissioner of public safety.  The court shall 
 50.27  file its order within 14 days following the hearing.  If the 
 50.28  revocation or disqualification is sustained, the court shall 
 50.29  also forward the person's driver's license or permit to the 
 50.30  commissioner of public safety for further action by the 
 50.31  commissioner of public safety if the license or permit is not 
 50.32  already in the commissioner's possession. 
 50.33     Sec. 49.  Minnesota Statutes 1996, section 169.126, 
 50.34  subdivision 1, is amended to read: 
 50.35     Subdivision 1.  [REQUIREMENT; FORM.] A chemical use 
 50.36  assessment shall be conducted and an assessment report submitted 
 51.1   to the court and to the department of public safety by the 
 51.2   county agency administering the alcohol safety program when: 
 51.3      (a) The defendant is convicted of an offense described in 
 51.4   section 84.91, 86B.331, 169.121 or, 169.1211, 169.129, or 
 51.5   360.0752; or 
 51.6      (b) The defendant is arrested for committing an offense 
 51.7   described in section 169.121 or 169.129 but is convicted of 
 51.8   another offense arising out of the circumstances surrounding the 
 51.9   arrest.  
 51.10     Sec. 50.  Minnesota Statutes 1996, section 169.1261, is 
 51.11  amended to read: 
 51.12     169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 
 51.13     Upon expiration of a period of revocation under section 
 51.14  169.121 or 169.123, the commissioner of public safety shall 
 51.15  notify the person of the terms upon which driving privileges can 
 51.16  be reinstated, and new registration plates issued, which terms 
 51.17  are:  (1) successful completion of a driving test an examination 
 51.18  and proof of compliance with any terms of alcohol treatment or 
 51.19  counseling previously prescribed, if any; and (2) any other 
 51.20  requirements imposed by the commissioner and applicable to that 
 51.21  particular case.  The commissioner shall notify the owner of a 
 51.22  motor vehicle subject to an impoundment order under section 
 51.23  168.041 as a result of the violation of the procedures for 
 51.24  obtaining new registration plates, if the owner is not the 
 51.25  violator.  The commissioner shall also notify the person that if 
 51.26  driving is resumed without reinstatement of driving privileges 
 51.27  or without valid registration plates and registration 
 51.28  certificate, the person will be subject to criminal penalties. 
 51.29     Sec. 51.  Minnesota Statutes 1996, section 169.129, is 
 51.30  amended to read: 
 51.31     169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
 51.32     Subdivision 1.  [CRIME.] It is a crime for any person is 
 51.33  guilty of a gross misdemeanor who drives, operates, or is to 
 51.34  drive, operate, or be in physical control of a motor vehicle, 
 51.35  the operation of which requires a driver's license, within this 
 51.36  state or upon the ice of any boundary water of this state in 
 52.1   violation of section 169.121 or an ordinance in conformity with 
 52.2   it before the person's driver's license or driver's driving 
 52.3   privilege has been reinstated following its cancellation, 
 52.4   suspension, revocation, disqualification, or denial under any of 
 52.5   the following:  
 52.6      (1) section 169.121, 169.1211, or 169.123; 
 52.7      (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
 52.8   because of an alcohol-related incident; 
 52.9      (3) section 609.21, subdivision 1, clauses (2) to (6); 
 52.10  609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
 52.11  2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
 52.12  (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
 52.13  subdivision 4, clauses (2) to (6). 
 52.14     Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
 52.15  paragraph (b), a person who violates subdivision 1 is guilty of 
 52.16  a gross misdemeanor. 
 52.17     (b) A person is guilty of an enhanced gross misdemeanor and 
 52.18  may be sentenced to imprisonment in a local correctional 
 52.19  facility for not more than two years or to payment of a fine of 
 52.20  not more than $3,000, or both, if the person violates 
 52.21  subdivision 1 and the person's driver's license or driving 
 52.22  privilege has been suspended, revoked, canceled, denied, or 
 52.23  disqualified two or three times within the past ten years under 
 52.24  any of the statutes listed in subdivision 1.  A person convicted 
 52.25  of an enhanced gross misdemeanor under this paragraph is subject 
 52.26  to the applicable mandatory penalties provided in section 
 52.27  169.121, subdivision 3d. 
 52.28     Subd. 3.  [PROSECUTION.] The attorney in the jurisdiction 
 52.29  in which the violation of this section occurred who is 
 52.30  responsible for prosecution of misdemeanor violations of section 
 52.31  169.121 shall also be responsible for prosecution of violations 
 52.32  of this section. 
 52.33     Sec. 52.  Minnesota Statutes 1996, section 171.07, is 
 52.34  amended by adding a subdivision to read: 
 52.35     Subd. 12.  [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 
 52.36  department shall maintain in its records information transmitted 
 53.1   electronically from the commissioner of natural resources 
 53.2   identifying each person whom the commissioner has issued a 
 53.3   snowmobile safety certificate. 
 53.4      (b) After receiving information under paragraph (a) that a 
 53.5   person has received a snowmobile safety certificate, the 
 53.6   department shall include, on all drivers' licenses or Minnesota 
 53.7   identification cards subsequently issued to the person, a 
 53.8   graphic or written indication that the person has received the 
 53.9   certificate. 
 53.10     (c) If a person who has received a snowmobile safety 
 53.11  certificate applies for a driver's license or Minnesota 
 53.12  identification card before that information has been transmitted 
 53.13  to the department, the department may accept a copy of the 
 53.14  certificate as proof of its issuance and shall then follow the 
 53.15  procedures in paragraph (b). 
 53.16     Sec. 53.  Minnesota Statutes 1996, section 171.12, is 
 53.17  amended by adding a subdivision to read: 
 53.18     Subd. 2a.  [ALCOHOL CONCENTRATION ON DRIVING RECORD.] When 
 53.19  a person's driver's license or permit to drive is revoked or 
 53.20  suspended pursuant to section 169.123, or when a person is 
 53.21  convicted for violating section 84.91, 86B.331, 169.121, 
 53.22  169.1211, 169.1218, 169.129, 360.0752, or 609.21, and a test of 
 53.23  the person's breath, urine, or blood has been made to determine 
 53.24  the person's alcohol concentration, the commissioner of public 
 53.25  safety shall record the test results on the person's driving 
 53.26  record pertaining to that violation.  The alcohol concentration 
 53.27  is classified as public data on individuals, as defined in 
 53.28  section 13.02, subdivision 15, and must be kept for the period 
 53.29  of time specified in subdivision 3, clause (2). 
 53.30     Sec. 54.  Minnesota Statutes 1996, section 171.19, is 
 53.31  amended to read: 
 53.32     171.19 [PETITION FOR LICENSE REINSTATEMENT.] 
 53.33     Any person whose driver's license has been refused, 
 53.34  revoked, suspended, or canceled, or disqualified by the 
 53.35  commissioner, except where the license is revoked or 
 53.36  disqualified under section 169.123, may file a petition for a 
 54.1   hearing in the matter in the district court in the county 
 54.2   wherein such person shall reside and, in the case of a 
 54.3   nonresident, in the district court in any county, and such court 
 54.4   is hereby vested with jurisdiction, and it shall be its duty, to 
 54.5   set the matter for hearing upon 15 days' written notice to the 
 54.6   commissioner, and thereupon to take testimony and examine into 
 54.7   the facts of the case to determine whether the petitioner is 
 54.8   entitled to a license or is subject to revocation, suspension, 
 54.9   cancellation, disqualification, or refusal of license, and shall 
 54.10  render judgment accordingly.  The petition shall be heard by the 
 54.11  court without a jury and may be heard in or out of term.  The 
 54.12  commissioner may appear in person, or by agents or 
 54.13  representatives, and may present evidence upon the hearing by 
 54.14  affidavit personally, by agents, or by representatives.  The 
 54.15  petitioner may present evidence by affidavit, except that the 
 54.16  petitioner must be present in person at such hearing for the 
 54.17  purpose of cross-examination.  In the event the department shall 
 54.18  be sustained in these proceedings, the petitioner shall have no 
 54.19  further right to make further petition to any court for the 
 54.20  purpose of obtaining a driver's license until after the 
 54.21  expiration of one year after the date of such hearing. 
 54.22     Sec. 55.  Minnesota Statutes 1996, section 171.20, 
 54.23  subdivision 4, is amended to read: 
 54.24     Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
 54.25  reinstated, a person whose driver's license has been suspended 
 54.26  under section 171.16, subdivision 2; 171.18, except subdivision 
 54.27  1, clause (10); or 171.182, or who has been disqualified from 
 54.28  holding a commercial driver's license under section 171.165 must 
 54.29  pay a $20 fee before the license is reinstated of $25.25 until 
 54.30  June 30, 1999, and $20 thereafter.  When this fee is collected 
 54.31  by a county-operated office of deputy registrar, a $3.50 
 54.32  handling charge is imposed.  The handling charge must be 
 54.33  deposited in the treasury of the place for which the deputy 
 54.34  registrar was appointed and the $20 reinstatement fee must be 
 54.35  deposited in an approved state depository as directed under 
 54.36  section 168.33, subdivision 2.  A suspension may be rescinded 
 55.1   without fee for good cause. 
 55.2      Sec. 56.  Minnesota Statutes 1996, section 171.30, is 
 55.3   amended by adding a subdivision to read: 
 55.4      Subd. 2c.  [EXTENDED WAITING PERIOD.] If a person's license 
 55.5   or privilege has been revoked or suspended for a violation of 
 55.6   section 169.121 or 169.123, or a statute or ordinance from 
 55.7   another state in conformity with either of those sections, and 
 55.8   the person's alcohol concentration was 0.20 or greater at the 
 55.9   time of the violation, a limited license may not be issued for a 
 55.10  period of time equal to twice the time period specified in 
 55.11  subdivision 2a or 2b. 
 55.12     Sec. 57.  Minnesota Statutes 1996, section 192A.555, is 
 55.13  amended to read: 
 55.14     192A.555 [DRUNKEN OR RECKLESS DRIVING.] 
 55.15     Any (a) A person subject to this code who shall be punished 
 55.16  as a court-martial may direct if the person: 
 55.17     (1) drives, operates, or is in actual physical control of 
 55.18  any vehicle or aircraft while under the influence of an 
 55.19  alcoholic beverage or narcotic drug or a combination thereof or 
 55.20  whose blood contains 0.10 percent; 
 55.21     (2) drives, operates, or is in physical control of a 
 55.22  vehicle when the person's alcohol concentration is 0.08 or 
 55.23  more by weight of alcohol; 
 55.24     (3) flies, operates, or is in physical control of an 
 55.25  aircraft when the person's alcohol concentration is 0.04 or 
 55.26  more; or who 
 55.27     (4) operates said the vehicle or aircraft in a reckless or 
 55.28  wanton manner, shall be punished as a court-martial may direct.  
 55.29     (b) Chemical and other tests for intoxication shall be made 
 55.30  only in accordance with rules issued under this code.  For 
 55.31  purposes of this section, the term "alcohol concentration" has 
 55.32  the meaning given in section 169.01, subdivision 61. 
 55.33     Sec. 58.  Minnesota Statutes 1996, section 357.021, 
 55.34  subdivision 1a, is amended to read: 
 55.35     Subd. 1a.  (a) Every person, including the state of 
 55.36  Minnesota and all bodies politic and corporate, who shall 
 56.1   transact any business in the district court, shall pay to the 
 56.2   court administrator of said court the sundry fees prescribed in 
 56.3   subdivision 2.  Except as provided in paragraph (d), the court 
 56.4   administrator shall transmit the fees monthly to the state 
 56.5   treasurer for deposit in the state treasury and credit to the 
 56.6   general fund.  
 56.7      (b) In a county which has a screener-collector position, 
 56.8   fees paid by a county pursuant to this subdivision shall be 
 56.9   transmitted monthly to the county treasurer, who shall apply the 
 56.10  fees first to reimburse the county for the amount of the salary 
 56.11  paid for the screener-collector position.  The balance of the 
 56.12  fees collected shall then be forwarded to the state treasurer 
 56.13  for deposit in the state treasury and credited to the general 
 56.14  fund.  In a county in the eighth judicial district which has a 
 56.15  screener-collector position, the fees paid by a county shall be 
 56.16  transmitted monthly to the state treasurer for deposit in the 
 56.17  state treasury and credited to the general fund.  A 
 56.18  screener-collector position for purposes of this paragraph is an 
 56.19  employee whose function is to increase the collection of fines 
 56.20  and to review the incomes of potential clients of the public 
 56.21  defender, in order to verify eligibility for that service. 
 56.22     (c) No fee is required under this section from the public 
 56.23  authority or the party the public authority represents in an 
 56.24  action for: 
 56.25     (1) child support enforcement or modification, medical 
 56.26  assistance enforcement, or establishment of parentage in the 
 56.27  district court, or child or medical support enforcement 
 56.28  conducted by an administrative law judge in an administrative 
 56.29  hearing under section 518.5511; 
 56.30     (2) civil commitment under chapter 253B; 
 56.31     (3) the appointment of a public conservator or public 
 56.32  guardian or any other action under chapters 252A and 525; 
 56.33     (4) wrongfully obtaining public assistance under section 
 56.34  256.98 or 256D.07, or recovery of overpayments of public 
 56.35  assistance; 
 56.36     (5) court relief under chapter 260; 
 57.1      (6) forfeiture of property under sections 169.1217 and 
 57.2   609.531 to 609.5317; 
 57.3      (7) recovery of amounts issued by political subdivisions or 
 57.4   public institutions under sections 246.52, 252.27, 256.045, 
 57.5   256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 
 57.6   260.251, or other sections referring to other forms of public 
 57.7   assistance; or 
 57.8      (8) restitution under section 611A.04. 
 57.9      (d) The fees collected for child support modifications 
 57.10  under subdivision 2, clause (13), must be transmitted to the 
 57.11  county treasurer for deposit in the county general fund.  The 
 57.12  fees must be used by the county to pay for child support 
 57.13  enforcement efforts by county attorneys. 
 57.14     Sec. 59.  Minnesota Statutes 1996, section 364.09, is 
 57.15  amended to read: 
 57.16     364.09 [EXCEPTIONS.] 
 57.17     (a) This chapter does not apply to the licensing process 
 57.18  for peace officers; to law enforcement agencies as defined in 
 57.19  section 626.84, subdivision 1, paragraph (h); to fire protection 
 57.20  agencies; to eligibility for a private detective or protective 
 57.21  agent license; to eligibility for a family day care license, a 
 57.22  family foster care license, or a home care provider license; to 
 57.23  eligibility for school bus driver endorsements; or to 
 57.24  eligibility for special transportation service endorsements; or 
 57.25  to eligibility for a commercial driver training instructor 
 57.26  license, which is governed by section 171.35 and rules adopted 
 57.27  under that section.  This chapter also shall not apply to 
 57.28  eligibility for juvenile corrections employment, where the 
 57.29  offense involved child physical or sexual abuse or criminal 
 57.30  sexual conduct.  
 57.31     (b) This chapter does not apply to a school district or to 
 57.32  eligibility for a license issued or renewed by the board of 
 57.33  teaching or the state board of education.  
 57.34     (c) Nothing in this section precludes the Minnesota police 
 57.35  and peace officers training board or the state fire marshal from 
 57.36  recommending policies set forth in this chapter to the attorney 
 58.1   general for adoption in the attorney general's discretion to 
 58.2   apply to law enforcement or fire protection agencies. 
 58.3      (d) This chapter does not apply to a license to practice 
 58.4   medicine that has been denied or revoked by the board of medical 
 58.5   practice pursuant to section 147.091, subdivision 1a. 
 58.6      Sec. 60.  Minnesota Statutes 1996, section 609.02, 
 58.7   subdivision 2, is amended to read: 
 58.8      Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
 58.9   enhanced gross misdemeanor, for which a sentence of imprisonment 
 58.10  for more than one year may be imposed. 
 58.11     Sec. 61.  Minnesota Statutes 1996, section 609.02, is 
 58.12  amended by adding a subdivision to read: 
 58.13     Subd. 2a.  [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross 
 58.14  misdemeanor" means a crime for which a sentence of not more than 
 58.15  two years imprisonment in a local correctional facility or a 
 58.16  fine of not more than $3,000, or both, may be imposed. 
 58.17     Sec. 62.  Minnesota Statutes 1996, section 609.105, is 
 58.18  amended to read: 
 58.19     609.105 [SENTENCE OF IMPRISONMENT.] 
 58.20     Subdivision 1.  Except as otherwise provided in subdivision 
 58.21  3, a sentence to imprisonment for more than one year shall 
 58.22  commit the defendant to the custody of the commissioner of 
 58.23  corrections.  
 58.24     Subd. 2.  The commissioner of corrections shall determine 
 58.25  the place of confinement in a prison, reformatory, or other 
 58.26  facility of the department of corrections established by law for 
 58.27  the confinement of convicted persons and prescribe reasonable 
 58.28  conditions and rules for their employment, conduct, instruction, 
 58.29  and discipline within or without the facility.  
 58.30     Subd. 3.  A sentence to imprisonment for an enhanced gross 
 58.31  misdemeanor or for a period of one year or any lesser period 
 58.32  shall be to a workhouse, work farm, county jail, or other place 
 58.33  authorized by law.  
 58.34     Sec. 63.  Minnesota Statutes 1996, section 609.135, 
 58.35  subdivision 2, is amended to read: 
 58.36     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 59.1   conviction is for a felony the stay shall be for not more than 
 59.2   four years or the maximum period for which the sentence of 
 59.3   imprisonment might have been imposed, whichever is longer. 
 59.4      (b) If the conviction is for an enhanced gross misdemeanor 
 59.5   violation of section 169.121 or 169.129, the stay shall be for 
 59.6   not more than five years.  The court shall provide for 
 59.7   unsupervised probation for the last year of the stay unless the 
 59.8   court finds that the defendant needs supervised probation for 
 59.9   all or part of the last year. 
 59.10     (c) If the conviction is for a gross misdemeanor violation 
 59.11  of section 169.121 or 169.129, the stay shall be for not more 
 59.12  than four years.  The court shall provide for unsupervised 
 59.13  probation for the last one year of the stay unless the court 
 59.14  finds that the defendant needs supervised probation for all or 
 59.15  part of the last one year. 
 59.16     (c) (d) If the conviction is for a gross misdemeanor not 
 59.17  specified in paragraph (b) (c), the stay shall be for not more 
 59.18  than two years. 
 59.19     (d) (e) If the conviction is for any misdemeanor under 
 59.20  section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 
 59.21  for a misdemeanor under section 609.2242 or 609.224, subdivision 
 59.22  1, in which the victim of the crime was a family or household 
 59.23  member as defined in section 518B.01, the stay shall be for not 
 59.24  more than two years.  The court shall provide for unsupervised 
 59.25  probation for the second year of the stay unless the court finds 
 59.26  that the defendant needs supervised probation for all or part of 
 59.27  the second year. 
 59.28     (e) (f) If the conviction is for a misdemeanor not 
 59.29  specified in paragraph (d) (e), the stay shall be for not more 
 59.30  than one year.  
 59.31     (f) (g) The defendant shall be discharged six months after 
 59.32  the term of the stay expires, unless the stay has been revoked 
 59.33  or extended under paragraph (g) (h), or the defendant has 
 59.34  already been discharged. 
 59.35     (g) (h) Notwithstanding the maximum periods specified for 
 59.36  stays of sentences under paragraphs (a) to (f) (g), a court may 
 60.1   extend a defendant's term of probation for up to one year if it 
 60.2   finds, at a hearing conducted under subdivision 1a, that: 
 60.3      (1) the defendant has not paid court-ordered restitution or 
 60.4   a fine in accordance with the payment schedule or structure; and 
 60.5      (2) the defendant is likely to not pay the restitution or 
 60.6   fine the defendant owes before the term of probation expires.  
 60.7   This one-year extension of probation for failure to pay 
 60.8   restitution or a fine may be extended by the court for up to one 
 60.9   additional year if the court finds, at another hearing conducted 
 60.10  under subdivision 1a, that the defendant still has not paid the 
 60.11  court-ordered restitution or fine that the defendant owes. 
 60.12     Sec. 64.  Minnesota Statutes 1996, section 609.15, 
 60.13  subdivision 2, is amended to read: 
 60.14     Subd. 2.  [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 
 60.15  MISDEMEANOR.] If the court specifies that the sentence shall run 
 60.16  consecutively and all of the sentences are for misdemeanors, the 
 60.17  total of the sentences shall not exceed one year.  If the 
 60.18  sentences are for a gross misdemeanor or enhanced gross 
 60.19  misdemeanor and one or more misdemeanors, the total of the 
 60.20  sentences shall not exceed two years.  If all of the sentences 
 60.21  are for gross misdemeanors and enhanced gross misdemeanors, the 
 60.22  total of the sentences shall not exceed four years. 
 60.23     Sec. 65.  Minnesota Statutes 1996, section 609.21, 
 60.24  subdivision 1, is amended to read: 
 60.25     Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] A person is 
 60.26  guilty of criminal vehicular homicide resulting in death and may 
 60.27  be sentenced to imprisonment for not more than ten years or to 
 60.28  payment of a fine of not more than $20,000, or both, if the 
 60.29  person causes the death of a human being not constituting murder 
 60.30  or manslaughter as a result of operating a motor vehicle: 
 60.31     (1) in a grossly negligent manner; 
 60.32     (2) in a negligent manner while under the influence of: 
 60.33     (i) alcohol; 
 60.34     (ii) a controlled substance; or 
 60.35     (iii) any combination of those elements; 
 60.36     (3) while having an alcohol concentration of 0.10 0.08 or 
 61.1   more; 
 61.2      (4) while having an alcohol concentration of 0.10 0.08 or 
 61.3   more, as measured within two hours of the time of driving; 
 61.4      (5) while having an alcohol concentration of 0.04 or more 
 61.5   at the time of driving, or as measured within two hours of the 
 61.6   time of driving, if the person is under the age of 21 years at 
 61.7   the time of the violation; 
 61.8      (5) (6) in a negligent manner while knowingly under the 
 61.9   influence of a hazardous substance; 
 61.10     (6) (7) in a negligent manner while any amount of a 
 61.11  controlled substance listed in schedule I or II, other than 
 61.12  marijuana or tetrahydrocannabinols, is present in the person's 
 61.13  body; or 
 61.14     (7) (8) where the driver who causes the accident leaves the 
 61.15  scene of the accident in violation of section 169.09, 
 61.16  subdivision 1 or 6. 
 61.17     Sec. 66.  Minnesota Statutes 1996, section 609.21, 
 61.18  subdivision 2, is amended to read: 
 61.19     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] A person is 
 61.20  guilty of criminal vehicular operation resulting in great bodily 
 61.21  harm and may be sentenced to imprisonment for not more than five 
 61.22  years or to payment of a fine of not more than $10,000, or both, 
 61.23  if the person causes great bodily harm to another, not 
 61.24  constituting attempted murder or assault, as a result of 
 61.25  operating a motor vehicle: 
 61.26     (1) in a grossly negligent manner; 
 61.27     (2) in a negligent manner while under the influence of: 
 61.28     (i) alcohol; 
 61.29     (ii) a controlled substance; or 
 61.30     (iii) any combination of those elements; 
 61.31     (3) while having an alcohol concentration of 0.10 0.08 or 
 61.32  more; 
 61.33     (4) while having an alcohol concentration of 0.10 0.08 or 
 61.34  more, as measured within two hours of the time of driving; 
 61.35     (5) while having an alcohol concentration of 0.04 or more 
 61.36  at the time of driving, or as measured within two hours of the 
 62.1   time of driving, if the person is under the age of 21 years at 
 62.2   the time of the violation; 
 62.3      (5) (6) in a negligent manner while knowingly under the 
 62.4   influence of a hazardous substance; 
 62.5      (6) (7) in a negligent manner while any amount of a 
 62.6   controlled substance listed in schedule I or II, other than 
 62.7   marijuana or tetrahydrocannabinols, is present in the person's 
 62.8   body; or 
 62.9      (7) (8) where the driver who causes the accident leaves the 
 62.10  scene of the accident in violation of section 169.09, 
 62.11  subdivision 1 or 6. 
 62.12     Sec. 67.  Minnesota Statutes 1996, section 609.21, 
 62.13  subdivision 2a, is amended to read: 
 62.14     Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] A person 
 62.15  is guilty of criminal vehicular operation resulting in 
 62.16  substantial bodily harm and may be sentenced to imprisonment of 
 62.17  not more than three years or to payment of a fine of not more 
 62.18  than $10,000, or both, if the person causes substantial bodily 
 62.19  harm to another, as a result of operating a motor vehicle; 
 62.20     (1) in a grossly negligent manner; 
 62.21     (2) in a negligent manner while under the influence of: 
 62.22     (i) alcohol; 
 62.23     (ii) a controlled substance; or 
 62.24     (iii) any combination of those elements; 
 62.25     (3) while having an alcohol concentration of 0.10 0.08 or 
 62.26  more; 
 62.27     (4) while having an alcohol concentration of 0.10 0.08 or 
 62.28  more, as measured within two hours of the time of driving; 
 62.29     (5) while having an alcohol concentration of 0.04 or more 
 62.30  at the time of driving, or as measured within two hours of the 
 62.31  time of driving, if the person is under the age of 21 years at 
 62.32  the time of the violation; 
 62.33     (5) (6) in a negligent manner while knowingly under the 
 62.34  influence of a hazardous substance; 
 62.35     (6) (7) in a negligent manner while any amount of a 
 62.36  controlled substance listed in schedule I or II, other than 
 63.1   marijuana or tetrahydrocannabinols, is present in the person's 
 63.2   body; or 
 63.3      (7) (8) where the driver who causes the accident leaves the 
 63.4   scene of the accident in violation of section 169.09, 
 63.5   subdivision 1 or 6. 
 63.6      Sec. 68.  Minnesota Statutes 1996, section 609.21, 
 63.7   subdivision 2b, is amended to read: 
 63.8      Subd. 2b.  [RESULTING IN BODILY HARM.] A person is guilty 
 63.9   of criminal vehicular operation resulting in bodily harm and may 
 63.10  be sentenced to imprisonment for not more than one year or to 
 63.11  payment of a fine of not more than $3,000, or both, if the 
 63.12  person causes bodily harm to another, as a result of operating a 
 63.13  motor vehicle: 
 63.14     (1) in a grossly negligent manner; 
 63.15     (2) in a negligent manner while under the influence of: 
 63.16     (i) alcohol; 
 63.17     (ii) a controlled substance; or 
 63.18     (iii) any combination of those elements; 
 63.19     (3) while having an alcohol concentration of 0.10 0.08 or 
 63.20  more; 
 63.21     (4) while having an alcohol concentration of 0.10 0.08 or 
 63.22  more, as measured within two hours of the time of driving; 
 63.23     (5) while having an alcohol concentration of 0.04 or more 
 63.24  at the time of driving, or as measured within two hours of the 
 63.25  time of driving, if the person is under the age of 21 years at 
 63.26  the time of the violation; 
 63.27     (5) (6) in a negligent manner while knowingly under the 
 63.28  influence of a hazardous substance; 
 63.29     (6) (7) in a negligent manner while any amount of a 
 63.30  controlled substance listed in schedule I or II, other than 
 63.31  marijuana or tetrahydrocannabinols, is present in the person's 
 63.32  body; or 
 63.33     (7) (8) where the driver who causes the accident leaves the 
 63.34  scene of the accident in violation of section 169.09, 
 63.35  subdivision 1 or 6. 
 63.36     Sec. 69.  Minnesota Statutes 1996, section 609.21, 
 64.1   subdivision 3, is amended to read: 
 64.2      Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] A person 
 64.3   is guilty of criminal vehicular operation resulting in death to 
 64.4   an unborn child and may be sentenced to imprisonment for not 
 64.5   more than ten years or to payment of a fine of not more than 
 64.6   $20,000, or both, if the person causes the death of an unborn 
 64.7   child as a result of operating a motor vehicle: 
 64.8      (1) in a grossly negligent manner; 
 64.9      (2) in a negligent manner while under the influence of: 
 64.10     (i) alcohol; 
 64.11     (ii) a controlled substance; or 
 64.12     (iii) any combination of those elements; 
 64.13     (3) while having an alcohol concentration of 0.10 0.08 or 
 64.14  more; 
 64.15     (4) while having an alcohol concentration of 0.10 0.08 or 
 64.16  more, as measured within two hours of the time of driving; 
 64.17     (5) while having an alcohol concentration of 0.04 or more 
 64.18  at the time of driving, or as measured within two hours of the 
 64.19  time of driving, if the person is under the age of 21 years at 
 64.20  the time of the violation; 
 64.21     (5) (6) in a negligent manner while knowingly under the 
 64.22  influence of a hazardous substance; 
 64.23     (6) (7) in a negligent manner while any amount of a 
 64.24  controlled substance listed in schedule I or II, other than 
 64.25  marijuana or tetrahydrocannabinols, is present in the person's 
 64.26  body; or 
 64.27     (7) (8) where the driver who causes the accident leaves the 
 64.28  scene of the accident in violation of section 169.09, 
 64.29  subdivision 1 or 6.  
 64.30     A prosecution for or conviction of a crime under this 
 64.31  subdivision is not a bar to conviction of or punishment for any 
 64.32  other crime committed by the defendant as part of the same 
 64.33  conduct. 
 64.34     Sec. 70.  Minnesota Statutes 1996, section 609.21, 
 64.35  subdivision 4, is amended to read: 
 64.36     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] A person 
 65.1   is guilty of criminal vehicular operation resulting in injury to 
 65.2   an unborn child and may be sentenced to imprisonment for not 
 65.3   more than five years or to payment of a fine of not more than 
 65.4   $10,000, or both, if the person causes great bodily harm to an 
 65.5   unborn child who is subsequently born alive, as a result of 
 65.6   operating a motor vehicle: 
 65.7      (1) in a grossly negligent manner; 
 65.8      (2) in a negligent manner while under the influence of:  
 65.9      (i) alcohol; 
 65.10     (ii) a controlled substance; or 
 65.11     (iii) any combination of those elements; 
 65.12     (3) while having an alcohol concentration of 0.10 0.08 or 
 65.13  more; 
 65.14     (4) while having an alcohol concentration of 0.10 0.08 or 
 65.15  more, as measured within two hours of the time of driving; 
 65.16     (5) while having an alcohol concentration of 0.04 or more 
 65.17  at the time of driving, or as measured within two hours of the 
 65.18  time of driving, if the person is under the age of 21 years at 
 65.19  the time of the violation; 
 65.20     (5) (6) in a negligent manner while knowingly under the 
 65.21  influence of a hazardous substance; 
 65.22     (6) (7) in a negligent manner while any amount of a 
 65.23  controlled substance listed in schedule I or II, other than 
 65.24  marijuana or tetrahydrocannabinols, is present in the person's 
 65.25  body; or 
 65.26     (7) (8) where the driver who causes the accident leaves the 
 65.27  scene of the accident in violation of section 169.09, 
 65.28  subdivision 1 or 6.  
 65.29     A prosecution for or conviction of a crime under this 
 65.30  subdivision is not a bar to conviction of or punishment for any 
 65.31  other crime committed by the defendant as part of the same 
 65.32  conduct. 
 65.33     Sec. 71.  Minnesota Statutes 1996, section 609.487, is 
 65.34  amended by adding a subdivision to read: 
 65.35     Subd. 2a.  [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 
 65.36  the meaning given in section 169.01, subdivision 3, and includes 
 66.1   off-road recreational vehicles as defined in section 169.01, 
 66.2   subdivision 84, and motorboats as defined in section 169.01, 
 66.3   subdivision 85. 
 66.4      Sec. 72.  Minnesota Statutes 1996, section 634.15, 
 66.5   subdivision 2, is amended to read: 
 66.6      Subd. 2.  [TESTIMONY AT TRIAL.] Except in civil 
 66.7   proceedings, including proceedings under section 169.123, an 
 66.8   accused person or the accused person's attorney may request, by 
 66.9   notifying the prosecuting attorney at least ten days before the 
 66.10  trial, that the following persons testify in person at the trial 
 66.11  on behalf of the state:  
 66.12     (a) A person who performed the laboratory analysis or 
 66.13  examination for the report described in subdivision 1, clause 
 66.14  (a); or 
 66.15     (b) A person who prepared the blood sample report described 
 66.16  in subdivision 1, clause (b). 
 66.17     If a petitioner in a proceeding under section 169.123 
 66.18  subpoenas a person described in paragraph (a) or (b) to testify 
 66.19  at the proceeding, the petitioner is not required to pay the 
 66.20  person witness fees under section 357.22 in excess of $100. 
 66.21     Sec. 73.  [REVISOR'S INSTRUCTION.] 
 66.22     In each section of Minnesota Statutes referred to in column 
 66.23  A, the revisor of statutes shall delete the reference in column 
 66.24  B, and insert the reference in column C.  
 66.25     Column A       Column B               Column C
 66.26     84.83          84.912                 169.1217
 66.27     84.927         84.912                 169.1217
 66.28     86B.305        86B.331                169.121
 66.29     86B.811        86B.331                169.121
 66.30     97B.065        86B.331, subd. 4       169.121, subd. 2
 66.31     97B.066        86B.335, subds.        169.123, subds. 
 66.32                    8, 9, and 10           2b, 2c, and 3
 66.33    168.042,        169.121, subd. 3,      169.121, subd. 3, 
 66.34    subd. 2         para. (3), clause (4)  para. (c), clause (5)
 66.35     Sec. 74.  [REPEALER.] 
 66.36     Minnesota Statutes 1996, sections 84.873; 84.91, 
 67.1   subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 
 67.2   1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 
 67.3   3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 
 67.4   6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and 
 67.5   169.121, subdivision 3a, are repealed. 
 67.6      Sec. 75.  [EFFECTIVE DATE.] 
 67.7      Sections 1 to 74 are effective January 1, 1998, and apply 
 67.8   to violations occurring on or after that date.  However, 
 67.9   violations occurring before January 1, 1998, which are listed in 
 67.10  Minnesota Statutes, section 169.121, subdivision 3, paragraph 
 67.11  (a), are considered prior impaired driving convictions or prior 
 67.12  license revocations for purposes of:  determining conditional 
 67.13  release, long-term monitoring, criminal penalties, sentencing, 
 67.14  and administrative licensing sanctions for a person charged for 
 67.15  or convicted of a violation occurring on and after January 1, 
 67.16  1998. 
 67.17     Repeal of civil penalty payment and enforcement provisions 
 67.18  in Minnesota Statutes, sections 84.911 and 86B.335, applies only 
 67.19  to refusals occurring on or after January 1, 1998.