HF 1543

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to driving while impaired; making it a crime 
  1.3             for operators of snowmobiles, all-terrain vehicles, 
  1.4             and motorboats to refuse to submit to alcohol 
  1.5             concentration testing at the lawful demand of a peace 
  1.6             officer; amending Minnesota Statutes 1996, sections 
  1.7             84.91, subdivisions 2, 5, 7, 8, and by adding a 
  1.8             subdivision; 84.911, subdivisions 2, 3, and 6; 
  1.9             86B.331, subdivisions 2, 5, 6, 7, 8, and by adding a 
  1.10            subdivision; 86B.335, subdivisions 2, 3, 4, and 6; 
  1.11            97B.066, subdivision 6, and by adding subdivisions; 
  1.12            repealing Minnesota Statutes 1996, section 86B.335, 
  1.13            subdivisions 11 and 12. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 84.91, is 
  1.16  amended by adding a subdivision to read: 
  1.17     Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
  1.18  crime for any person to refuse to submit to a chemical test of 
  1.19  the person's blood, breath, or urine under section 84.911. 
  1.20     Sec. 2.  Minnesota Statutes 1996, section 84.91, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  [ARREST.] Conservation officers of the department 
  1.23  of natural resources, sheriffs, sheriff's deputies, and other 
  1.24  peace officers may arrest a person for a violation under 
  1.25  subdivision 1 or 1a without a warrant upon probable cause, 
  1.26  without regard to whether the violation was committed in the 
  1.27  officer's presence.  
  1.28     Sec. 3.  Minnesota Statutes 1996, section 84.91, 
  1.29  subdivision 5, is amended to read: 
  2.1      Subd. 5.  [PENALTIES.] (a) A person who violates any 
  2.2   prohibition contained in subdivision 1, or an ordinance in 
  2.3   conformity with it either of them, is guilty of a misdemeanor.  
  2.4      (b) A person is guilty of a gross misdemeanor who violates 
  2.5   any prohibition contained in subdivision 1 or 1a: 
  2.6      (1) within five years of a prior: 
  2.7      (i) impaired driving conviction, as defined in section 
  2.8   169.121, subdivision 3, paragraph (a), clause (1); 
  2.9      (ii) civil liability suspension of operating privileges 
  2.10  under section 84.911, subdivision 2, or 86B.335, subdivision 2; 
  2.11  or 
  2.12     (iii) conviction under an ordinance of this state or a 
  2.13  statute or ordinance from another state in conformity with any 
  2.14  of them; or 
  2.15     (2) within ten years of the first of two or more prior: 
  2.16     (i) impaired driving convictions, as defined in section 
  2.17  169.121, subdivision 3, paragraph (a), clause (1); 
  2.18     (ii) civil liabilities suspensions of operating privileges 
  2.19  under section 84.911, subdivision 2, or 86B.335, subdivision 2; 
  2.20     (iii) convictions of ordinances in conformity with any of 
  2.21  them; or 
  2.22     (iv) convictions or liabilities suspensions under any 
  2.23  combination of items (i) to (iii). 
  2.24     (c) The attorney in the jurisdiction where the violation 
  2.25  occurred who is responsible for prosecuting misdemeanor 
  2.26  violations of this section is also responsible for prosecuting 
  2.27  gross misdemeanor violations of this section.  When an attorney 
  2.28  responsible for prosecuting gross misdemeanors under this 
  2.29  section requests criminal history information relating to prior 
  2.30  convictions from a court, the court must furnish the information 
  2.31  without charge. 
  2.32     (d) A person who operates a snowmobile or all-terrain 
  2.33  vehicle during the period the person is prohibited from 
  2.34  operating the vehicle under subdivision 6 is guilty of a 
  2.35  misdemeanor.  
  2.36     Sec. 4.  Minnesota Statutes 1996, section 84.91, 
  3.1   subdivision 7, is amended to read: 
  3.2      Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
  3.3   promptly forward to the commissioner and the department of 
  3.4   public safety copies of all convictions and criminal and civil 
  3.5   penalties imposed under subdivision 5 and section 84.911, 
  3.6   subdivision 2.  The commissioner shall notify the convicted 
  3.7   person of the period during which the person is prohibited from 
  3.8   operating a snowmobile or all-terrain vehicle under subdivision 
  3.9   6 or section 84.911, subdivision 2.  The commissioner shall also 
  3.10  periodically circulate to appropriate law enforcement agencies a 
  3.11  list of all persons who are prohibited from operating a 
  3.12  snowmobile or all-terrain vehicle under subdivision 6 or section 
  3.13  84.911, subdivision 2. 
  3.14     Sec. 5.  Minnesota Statutes 1996, section 84.91, 
  3.15  subdivision 8, is amended to read: 
  3.16     Subd. 8.  [IMMUNITY FROM LIABILITY.] The state or political 
  3.17  subdivision that employs an officer who is authorized under 
  3.18  subdivision 2 to make an arrest for violations of subdivision 
  3.19  1 or 1a is immune from any liability, civil or criminal, for the 
  3.20  care or custody of the snowmobile or all-terrain vehicle being 
  3.21  operated by or in the physical control of the person arrested if 
  3.22  the officer acts in good faith and exercises due care. 
  3.23     Sec. 6.  Minnesota Statutes 1996, section 84.911, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [PENALTIES; TEST REFUSAL; REVOCATION OF 
  3.26  SNOWMOBILE OR ALL-TERRAIN VEHICLE OPERATING PRIVILEGE.] (a) If a 
  3.27  person refuses to take a test required under subdivision 1, none 
  3.28  must be given, but the officer authorized to make arrests under 
  3.29  section 84.91, subdivision 2, shall report the refusal to the 
  3.30  commissioner of natural resources and to the authority having 
  3.31  responsibility for prosecution of misdemeanor offenses for the 
  3.32  jurisdiction in which the incident occurred that gave rise to 
  3.33  the test demand and refusal.  However, if a peace officer has 
  3.34  probable cause to believe that the person has violated section 
  3.35  609.21, a test may be required and obtained despite the person's 
  3.36  refusal.  
  4.1      (b) On certification by the officer that probable cause 
  4.2   existed to believe the person had been operating or in physical 
  4.3   control of a snowmobile or all-terrain vehicle while under the 
  4.4   influence of alcohol or a controlled substance, and that the 
  4.5   person refused to submit to testing, the commissioner shall 
  4.6   impose a civil penalty of $500 and shall prohibit the person 
  4.7   from operating a snowmobile or all-terrain vehicle, whichever 
  4.8   was involved in the violation, for a period of one year even if 
  4.9   a test was obtained pursuant to this section after the person 
  4.10  refused to submit to testing. 
  4.11     (c) On behalf of the commissioner, an officer requiring a 
  4.12  test or directing the administration of a test shall serve on a 
  4.13  person who refused to permit a test immediate notice of 
  4.14  intention to prohibit the operation of a snowmobile or 
  4.15  all-terrain vehicle, and to impose the civil penalty set forth 
  4.16  in this subdivision.  If the officer fails to serve a notice of 
  4.17  intent to suspend operating privileges, the commissioner may 
  4.18  notify the person by mail, and the notice is deemed received 
  4.19  three days after mailing.  The notice must advise the person of 
  4.20  the right to obtain administrative and judicial review as 
  4.21  provided in this section.  The prohibition imposed by the 
  4.22  commissioner takes effect ten days after receipt of the notice.  
  4.23  The civil penalty is imposed on receipt of the notice and must 
  4.24  be paid within 30 days of imposition.  
  4.25     (b) (d) A person who operates a snowmobile or all-terrain 
  4.26  vehicle during the period the person is prohibited from 
  4.27  operating the vehicle as provided under paragraph (a) (b) is 
  4.28  guilty of a misdemeanor. 
  4.29     Sec. 7.  Minnesota Statutes 1996, section 84.911, 
  4.30  subdivision 3, is amended to read: 
  4.31     Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
  4.32  requested, the person must be informed: 
  4.33     (1) that Minnesota law requires a person to take a test to 
  4.34  determine if the person is under the influence of alcohol or a 
  4.35  controlled substance; 
  4.36     (2) that refusal to take the test is a crime; 
  5.1      (3) that a person is subject to a civil penalty of $500 for 
  5.2   refusing to take the test and, in addition, who refuses to take 
  5.3   the test is prohibited for a one-year period from operating a 
  5.4   snowmobile or an all-terrain vehicle; 
  5.5      (3) (4) if the peace officer has probable cause to believe 
  5.6   the person has violated the criminal vehicular homicide and 
  5.7   injury laws, that a test will be taken with or without the 
  5.8   person's consent; and 
  5.9      (4) (5) that the person has the right to consult with an 
  5.10  attorney, but that this right is limited to the extent that it 
  5.11  cannot unreasonably delay administration of the test or the 
  5.12  person will be deemed to have refused the test. 
  5.13     Sec. 8.  Minnesota Statutes 1996, section 84.911, 
  5.14  subdivision 6, is amended to read: 
  5.15     Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
  5.16  ENFORCEMENT.] Judicial and administrative review of sanctions 
  5.17  imposed under this section is governed by section 86B.335, 
  5.18  subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
  5.19  penalty imposed under this section is governed by section 
  5.20  86B.335, subdivisions 11 and 12. 
  5.21     Sec. 9.  Minnesota Statutes 1996, section 86B.331, is 
  5.22  amended by adding a subdivision to read: 
  5.23     Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
  5.24  crime for any person to refuse to submit to a chemical test of 
  5.25  the person's blood, breath, or urine under section 86B.335. 
  5.26     Sec. 10.  Minnesota Statutes 1996, section 86B.331, 
  5.27  subdivision 2, is amended to read: 
  5.28     Subd. 2.  [ARREST.] Conservation officers of the department 
  5.29  of natural resources, sheriffs, sheriff's deputies, and other 
  5.30  peace officers may arrest a person for a violation under 
  5.31  subdivision 1 or 1a without a warrant upon probable cause, 
  5.32  without regard to whether the violation was committed in the 
  5.33  officer's presence.  
  5.34     Sec. 11.  Minnesota Statutes 1996, section 86B.331, 
  5.35  subdivision 5, is amended to read: 
  5.36     Subd. 5.  [PENALTIES.] (a) A person who violates a 
  6.1   prohibition contained in subdivision 1, 1a, or an ordinance in 
  6.2   conformity with it either of them, is guilty of a misdemeanor. 
  6.3      (b) A person is guilty of a gross misdemeanor who violates 
  6.4   a prohibition contained in subdivision 1 or 1a:  
  6.5      (1) within five years of a prior: 
  6.6      (i) impaired driving conviction, as defined in section 
  6.7   169.121, subdivision 3, paragraph (a), clause (1); 
  6.8      (ii) civil liability suspension of operating privileges 
  6.9   under section 84.911, subdivision 2, or 86B.335, subdivision 2; 
  6.10  or 
  6.11     (iii) conviction under an ordinance of this state or a 
  6.12  statute or ordinance from another state in conformity with any 
  6.13  of them; or 
  6.14     (2) within ten years of the first of two or more prior: 
  6.15     (i) impaired driving convictions, as defined in section 
  6.16  169.121, subdivision 3, paragraph (a), clause (1); 
  6.17     (ii) civil liabilities suspension of operating privileges 
  6.18  under section 84.911, subdivision 2, or 86B.335, subdivision 2; 
  6.19     (iii) convictions of ordinances in conformity with any of 
  6.20  them; or 
  6.21     (iv) convictions or liabilities suspensions under any 
  6.22  combination of items (i) to (iii).  
  6.23     (c) The attorney in the jurisdiction where the violation 
  6.24  occurred who is responsible for prosecution of misdemeanor 
  6.25  violations of this section is also responsible for prosecution 
  6.26  of gross misdemeanor violations of this section.  When an 
  6.27  attorney responsible for prosecuting gross misdemeanors under 
  6.28  this section requests criminal history information relating to 
  6.29  prior convictions from a court, the court must furnish the 
  6.30  information without charge. 
  6.31     (d) A person who operates a motorboat on the waters of this 
  6.32  state during the period the person is prohibited from operating 
  6.33  any motorboat or after the person's watercraft operator's permit 
  6.34  has been revoked, as provided under subdivision 6, is guilty of 
  6.35  a misdemeanor.  
  6.36     Sec. 12.  Minnesota Statutes 1996, section 86B.331, 
  7.1   subdivision 6, is amended to read: 
  7.2      Subd. 6.  [SUSPENSION AND REVOCATION OF OPERATING 
  7.3   PRIVILEGES.] (a) Upon conviction under this section, or an 
  7.4   ordinance in conformity with it, and in addition to any penalty 
  7.5   imposed under subdivision 5, the person is prohibited from 
  7.6   operating any motorboat on the waters of this state for a period 
  7.7   of 90 days between May 1 and October 31, extending over two 
  7.8   consecutive years if necessary.  
  7.9      (b) A person with a watercraft operator's permit 13 years 
  7.10  of age or older but less than 18 years of age and who violates 
  7.11  any prohibition contained in subdivision 1 or 1a shall have the 
  7.12  permit revoked by the commissioner as required by section 
  7.13  86B.811, subdivision 2, in addition to any other penalty imposed 
  7.14  by the court.  
  7.15     Sec. 13.  Minnesota Statutes 1996, section 86B.331, 
  7.16  subdivision 7, is amended to read: 
  7.17     Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
  7.18  promptly forward copies of all convictions and criminal and 
  7.19  civil penalties imposed under subdivision 5 and section 86B.335, 
  7.20  subdivision 2, to the commissioner and the department of public 
  7.21  safety.  The commissioner shall notify the convicted person of 
  7.22  the period when the person is prohibited from operating a 
  7.23  motorboat as provided under subdivision 6 or section 86B.335, 
  7.24  subdivision 2.  The commissioner shall also periodically 
  7.25  circulate to appropriate law enforcement agencies a list of all 
  7.26  persons who are prohibited from operating any motorboat or have 
  7.27  had their watercraft operator's permits revoked pursuant to 
  7.28  subdivision 6 or section 86B.335, subdivision 2.  
  7.29     Sec. 14.  Minnesota Statutes 1996, section 86B.331, 
  7.30  subdivision 8, is amended to read: 
  7.31     Subd. 8.  [GOVERNMENT IMMUNITY FROM LIABILITY FOR BOAT 
  7.32  CARE.] The state or political subdivision that is the employer 
  7.33  of an officer authorized under subdivision 2 to make an arrest 
  7.34  for violations of subdivision 1 or 1a is immune from any 
  7.35  liability, civil or criminal, for the care or custody of the 
  7.36  motorboat being operated by or in the physical control of the 
  8.1   person arrested if the officer acts in good faith and exercises 
  8.2   due care.  
  8.3      Sec. 15.  Minnesota Statutes 1996, section 86B.335, 
  8.4   subdivision 2, is amended to read: 
  8.5      Subd. 2.  [REFUSAL TO TAKE TEST.] (a) If a person refuses 
  8.6   to take a test required under subdivision 1, a test is not to be 
  8.7   given, but the officer authorized to make arrests under section 
  8.8   86B.331, subdivision 2, shall report the refusal to the 
  8.9   commissioner of natural resources and to the authority having 
  8.10  responsibility for prosecution of misdemeanor offenses for the 
  8.11  jurisdiction where the incident occurred that gave rise to the 
  8.12  test demand and refusal.  However, if a peace officer has 
  8.13  probable cause to believe that the person has violated section 
  8.14  609.21, a test may be required and obtained despite the person's 
  8.15  refusal. 
  8.16     (b) On certification by the officer that probable cause 
  8.17  existed to believe the person had been operating or in physical 
  8.18  control of a motorboat while under the influence of alcohol or a 
  8.19  controlled substance, and that the person refused to submit to 
  8.20  testing, the commissioner shall impose a civil penalty of $500 
  8.21  and shall prohibit the person from operating any motorboat on 
  8.22  the waters of this state for a period of one year even if a test 
  8.23  was obtained pursuant to this section after the person refused 
  8.24  to submit to testing.  If the person refusing to submit to 
  8.25  testing is under the age of 18 years at the time of the refusal, 
  8.26  the person's watercraft operator's permit shall be revoked by 
  8.27  the commissioner as set forth in this subdivision and a new 
  8.28  permit after the revocation must be issued only after the person 
  8.29  successfully completes a watercraft safety course.  
  8.30     (c) On behalf of the commissioner, an officer requiring a 
  8.31  test or directing the administration of a test shall serve on a 
  8.32  person who refused to permit a test immediate notice of 
  8.33  intention to impose the civil penalty set forth in this 
  8.34  subdivision, to prohibit the operation of motorboats, and to 
  8.35  revoke a watercraft operator's permit.  The officer shall take a 
  8.36  watercraft operator's permit held by the person, and shall send 
  9.1   the permit to the commissioner along with the certification 
  9.2   provided for in this subdivision.  If the officer fails to serve 
  9.3   a notice of intent to revoke, the commissioner may notify the 
  9.4   person by mail and the notice is deemed received three days 
  9.5   after mailing.  The notice must advise the person of the right 
  9.6   to obtain administrative and judicial review as provided in this 
  9.7   section.  The prohibition and revocation, if any, shall take 
  9.8   effect ten days after receipt of the notice.  The civil penalty 
  9.9   is imposed on receipt of the notice and shall be paid within 30 
  9.10  days of imposition.  
  9.11     (d) A person who operates a motorboat on the waters of this 
  9.12  state during the period the person is prohibited from operating 
  9.13  a motorboat as provided under paragraph (b) or (c) is guilty of 
  9.14  a misdemeanor.  
  9.15     Sec. 16.  Minnesota Statutes 1996, section 86B.335, 
  9.16  subdivision 3, is amended to read: 
  9.17     Subd. 3.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
  9.18  the period of prohibition or revocation imposed under this 
  9.19  section, the person may request in writing a review of the order 
  9.20  imposing sanctions under this section.  If the person makes a 
  9.21  request for administrative review within 30 days following 
  9.22  receipt of a notice and order imposing sanctions, the request 
  9.23  shall stay imposition of the civil penalty.  Upon receiving the 
  9.24  request for review, the commissioner or the commissioner's 
  9.25  designee shall review the order, the evidence upon which the 
  9.26  order was based, and other material information brought to the 
  9.27  attention of the commissioner and determine whether sufficient 
  9.28  cause exists to sustain the order.  
  9.29     (b) Within 15 days after receiving the request, the 
  9.30  commissioner shall issue a written report ordering that the 
  9.31  prohibition, or revocation, or civil penalty be either sustained 
  9.32  or rescinded.  The review provided in this subdivision is not 
  9.33  subject to the contested case provisions of the administrative 
  9.34  procedure act under chapter 14.  The availability of 
  9.35  administrative review does not have an effect upon the 
  9.36  availability of judicial review under this section.  
 10.1      Sec. 17.  Minnesota Statutes 1996, section 86B.335, 
 10.2   subdivision 4, is amended to read: 
 10.3      Subd. 4.  [JUDICIAL REVIEW.] (a) Within 30 days following 
 10.4   receipt of a notice and order imposing sanctions under this 
 10.5   section, a person may petition the court for review.  The 
 10.6   petition must be filed with the district court administrator in 
 10.7   the county where the incident occurred which gave rise to the 
 10.8   test demand and refusal, together with proof of service of a 
 10.9   copy on the commissioner and the prosecuting authority for 
 10.10  misdemeanor offenses for the jurisdiction in which the incident 
 10.11  occurred.  A responsive pleading is not required of the 
 10.12  commissioner of natural resources, and court fees may not be 
 10.13  charged for the appearance of the representative of the 
 10.14  commissioner in the matter. 
 10.15     (b) The petition must be captioned in the name of the 
 10.16  person making the petition as petitioner and the commissioner as 
 10.17  respondent.  The petition must state specifically the grounds 
 10.18  upon which the petitioner seeks rescission of the order imposing 
 10.19  sanctions.  
 10.20     (c) The filing of the petition does not stay the revocation 
 10.21  or prohibition against operation of a motorboat.  However, the 
 10.22  filing of a petition stays imposition of the civil penalty.  The 
 10.23  judicial review shall be conducted according to the rules of 
 10.24  civil procedure.  
 10.25     Sec. 18.  Minnesota Statutes 1996, section 86B.335, 
 10.26  subdivision 6, is amended to read: 
 10.27     Subd. 6.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
 10.28  requested, the person must be informed: 
 10.29     (1) that Minnesota law requires a person to take a test to 
 10.30  determine if the person is under the influence of alcohol or a 
 10.31  controlled substance; 
 10.32     (2) that it is a crime to refuse to take the test; 
 10.33     (3) that a person is subject to a civil penalty of $500 for 
 10.34  refusing to take the test and, in addition, the person may be 
 10.35  prohibited from operating any motorboat for refusing to take the 
 10.36  test; 
 11.1      (3) (4) if the peace officer has probable cause to believe 
 11.2   the person has violated the criminal vehicular homicide and 
 11.3   injury laws, that a test will be taken with or without the 
 11.4   person's consent; and 
 11.5      (4) (5) that the person has the right to consult with an 
 11.6   attorney, but that this right is limited to the extent that it 
 11.7   cannot unreasonably delay administration of the test or the 
 11.8   person will be deemed to have refused the test. 
 11.9      Sec. 19.  Minnesota Statutes 1996, section 97B.066, 
 11.10  subdivision 6, is amended to read: 
 11.11     Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
 11.12  ENFORCEMENT.] Judicial and administrative review of sanctions 
 11.13  imposed under this section is governed by section 86B.335, 
 11.14  subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
 11.15  penalty imposed under this section is governed by section 
 11.16  86B.335, subdivisions 11 and 12 7 and 8. 
 11.17     Sec. 20.  Minnesota Statutes 1996, section 97B.066, is 
 11.18  amended by adding a subdivision to read: 
 11.19     Subd. 7.  [PAYMENT OF CIVIL PENALTY.] The civil penalty 
 11.20  imposed under subdivision 2 must be paid to the political 
 11.21  subdivision that represents the commissioner on the petition for 
 11.22  judicial review or, in the event that a petition is not filed, 
 11.23  to the political subdivision that would have represented the 
 11.24  commissioner had a petition been filed.  If a person does not 
 11.25  pay the civil penalty, the prohibition against hunting is 
 11.26  automatically extended until the political subdivision reports 
 11.27  to the commissioner in writing that the penalty has been paid. 
 11.28     Sec. 21.  Minnesota Statutes 1996, section 97B.066, is 
 11.29  amended by adding a subdivision to read: 
 11.30     Subd. 8.  [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 
 11.31  does not pay the civil penalty imposed under subdivision 2 
 11.32  within 30 days of the date it was imposed, the prosecuting 
 11.33  authority representing the commissioner may petition the 
 11.34  district court in the county where the incident occurred to file 
 11.35  the order imposing the civil penalty as an order of the court. 
 11.36     (b) Once entered, the order may be enforced in the same 
 12.1   manner as a final judgment of the court.  In addition to the 
 12.2   penalty, attorneys fees, costs, and interest may be assessed 
 12.3   against any person who fails to pay the civil penalty. 
 12.4      Sec. 22.  [REPEALER.] 
 12.5      Minnesota Statutes 1996, section 86B.335, subdivisions 11 
 12.6   and 12, are repealed. 
 12.7      Sec. 23.  [EFFECTIVE DATE.] 
 12.8      Sections 1 to 22 are effective August 1, 1997, and apply to 
 12.9   crimes committed on or after that date.