HF 2864

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; requiring that repeat 
  1.3             DWI offenders lose their operating privileges for 
  1.4             motorboats and off-road recreational vehicles for a 
  1.5             period of time; amending Minnesota Statutes 1998, 
  1.6             section 86B.331, subdivision 1; Minnesota Statutes 
  1.7             1999 Supplement, sections 84.91, subdivision 1; and 
  1.8             169.121, subdivision 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.11  84.91, subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [ACTS PROHIBITED.] (a) No owner or other 
  1.13  person having charge or control of any snowmobile or all-terrain 
  1.14  vehicle shall authorize or permit any individual the person 
  1.15  knows or has reason to believe is under the influence of alcohol 
  1.16  or a controlled substance or other substance to operate the 
  1.17  snowmobile or all-terrain vehicle anywhere in this state or on 
  1.18  the ice of any boundary water of this state. 
  1.19     (b) No owner or other person having charge or control of 
  1.20  any snowmobile or all-terrain vehicle shall knowingly authorize 
  1.21  or permit any person, who by reason of any physical or mental 
  1.22  disability is incapable of operating the vehicle, to operate the 
  1.23  snowmobile or all-terrain vehicle anywhere in this state or on 
  1.24  the ice of any boundary water of this state. 
  1.25     (c) A person who operates or is in physical control of a 
  1.26  snowmobile or all-terrain vehicle anywhere in this state or on 
  1.27  the ice of any boundary water of this state is subject to 
  2.1   sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
  2.2   addition to the applicable sanctions under chapter 169, a person 
  2.3   who is convicted of violating section 169.121 while operating a 
  2.4   snowmobile or all-terrain vehicle, or any motor vehicle if the 
  2.5   person has a prior impaired driving conviction or a prior 
  2.6   license revocation, or who refuses to comply with a lawful 
  2.7   request to submit to testing under section 169.123, shall be 
  2.8   prohibited from operating the a snowmobile or all-terrain 
  2.9   vehicle for a period of one year.  The commissioner shall notify 
  2.10  the convicted person of the time period during which the person 
  2.11  is prohibited from operating a snowmobile or all-terrain vehicle.
  2.12     (d) Administrative and judicial review of the operating 
  2.13  privileges prohibition is governed by section 97B.066, 
  2.14  subdivisions 7 to 9, if the person does not have a prior 
  2.15  impaired driving conviction or prior license revocation, as 
  2.16  defined in section 169.121, subdivision 3.  Otherwise, 
  2.17  administrative and judicial review of the prohibition is 
  2.18  governed by section 169.123.  
  2.19     (e) The court shall promptly forward to the commissioner 
  2.20  and the department of public safety copies of all convictions 
  2.21  and criminal and civil sanctions imposed under this section and 
  2.22  chapter 169 relating to snowmobiles and all-terrain vehicles.  
  2.23     (f) A person who violates paragraph (a) or (b), or an 
  2.24  ordinance in conformity with either of them, is guilty of a 
  2.25  misdemeanor.  A person who operates a snowmobile or all-terrain 
  2.26  vehicle during the time period the person is prohibited from 
  2.27  operating a vehicle under paragraph (c) is guilty of a 
  2.28  misdemeanor. 
  2.29     (g) As used in this subdivision, the terms "motor vehicle," 
  2.30  "prior impaired driving conviction," and "prior license 
  2.31  revocation" have the meanings given in section 169.121. 
  2.32     Sec. 2.  Minnesota Statutes 1998, section 86B.331, 
  2.33  subdivision 1, is amended to read: 
  2.34     Subdivision 1.  [ACTS PROHIBITED.] (a) An owner or other 
  2.35  person having charge or control of a motorboat may not authorize 
  2.36  or allow an individual the person knows or has reason to believe 
  3.1   is under the influence of alcohol or a controlled or other 
  3.2   substance to operate the motorboat in operation on the waters of 
  3.3   this state. 
  3.4      (b) An owner or other person having charge or control of a 
  3.5   motorboat may not knowingly authorize or allow a person, who by 
  3.6   reason of a physical or mental disability is incapable of 
  3.7   operating the motorboat, to operate the motorboat in operation 
  3.8   on the waters of this state.  
  3.9      (c) A person who operates or is in physical control of a 
  3.10  motorboat on the waters of this state is subject to sections 
  3.11  169.121 to 169.1218 and 169.123 to 169.129.  In addition to the 
  3.12  applicable sanctions under chapter 169, a person who is 
  3.13  convicted of violating section 169.121 while operating a 
  3.14  motorboat, or any motor vehicle if the person has a prior 
  3.15  impaired driving conviction or a prior license revocation, shall 
  3.16  be prohibited from operating the a motorboat on the waters of 
  3.17  this state for a period of 90 days between May 1 and October 31, 
  3.18  extending over two consecutive years if necessary.  If the 
  3.19  person operating the motorboat, or the motor vehicle if the 
  3.20  person has a prior impaired driving conviction or a prior 
  3.21  license revocation, refuses to comply with a lawful demand to 
  3.22  submit to testing under section 169.123, the person shall be 
  3.23  prohibited from operating the a motorboat for a period of one 
  3.24  year.  The commissioner shall notify the convicted person of the 
  3.25  period during which the person is prohibited from operating a 
  3.26  motorboat. 
  3.27     (d) Administrative and judicial review of the operating 
  3.28  privileges prohibition is governed by section 97B.066, 
  3.29  subdivision subdivisions 7 to 9, if the person does not have a 
  3.30  prior impaired driving conviction or prior license revocation, 
  3.31  as defined in section 169.121, subdivision 3.  Otherwise, 
  3.32  administrative and judicial review of the prohibition is 
  3.33  governed by section 169.123.  
  3.34     (e) The court shall promptly forward to the commissioner 
  3.35  and the department of public safety copies of all convictions 
  3.36  and criminal and civil sanctions imposed under this section and 
  4.1   chapter 169 relating to motorboats. 
  4.2      (f) A person who violates paragraph (a) or (b), or an 
  4.3   ordinance in conformity with either of them, is guilty of a 
  4.4   misdemeanor.  A person who operates a motorboat during the time 
  4.5   period the person is prohibited from operating a motorboat under 
  4.6   paragraph (c) is guilty of a misdemeanor. 
  4.7      (g) For purposes of this subdivision,: 
  4.8      (1) a motorboat "in operation" does not include a motorboat 
  4.9   that is anchored, beached, or securely fastened to a dock or 
  4.10  other permanent mooring, or a motorboat that is being rowed or 
  4.11  propelled by other than mechanical means; 
  4.12     (2) "motor vehicle" has the meaning given in section 
  4.13  169.121, subdivision 11; 
  4.14     (3) "prior impaired driving conviction" has the meaning 
  4.15  given in section 169.121, subdivision 3; and 
  4.16     (4) "prior license revocation" has the meaning given in 
  4.17  section 169.121, subdivision 3. 
  4.18     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  4.19  169.121, subdivision 4, is amended to read: 
  4.20     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
  4.21  of public safety shall revoke the driver's license of a person 
  4.22  convicted of violating this section or an ordinance in 
  4.23  conformity with it as follows:  
  4.24     (1) for an offense under subdivision 1:  not less than 30 
  4.25  days; 
  4.26     (2) for an offense under subdivision 1a:  not less than 90 
  4.27  days; 
  4.28     (3) for an offense occurring within five years after a 
  4.29  prior impaired driving conviction or a prior license revocation, 
  4.30  or any time after two or more prior impaired driving convictions 
  4.31  or prior license revocations:  (i) if the current conviction is 
  4.32  for a violation of subdivision 1, not less than 180 days and 
  4.33  until the court has certified that treatment or rehabilitation 
  4.34  has been successfully completed where prescribed in accordance 
  4.35  with section 169.126; or (ii) if the current conviction is for a 
  4.36  violation of subdivision 1a, not less than one year and until 
  5.1   the court has certified that treatment or rehabilitation has 
  5.2   been successfully completed where prescribed in accordance with 
  5.3   section 169.126; 
  5.4      (4) for an offense occurring within five years after the 
  5.5   first of two prior impaired driving convictions or prior license 
  5.6   revocations:  not less than one year, together with denial under 
  5.7   section 171.04, subdivision 1, clause (10), until rehabilitation 
  5.8   is established in accordance with standards established by the 
  5.9   commissioner; 
  5.10     (5) for an offense occurring any time after three or more 
  5.11  prior impaired driving convictions or prior license 
  5.12  revocations:  not less than two years, together with denial 
  5.13  under section 171.04, subdivision 1, clause (10), until 
  5.14  rehabilitation is established in accordance with standards 
  5.15  established by the commissioner.  
  5.16     (b) If the person convicted of violating this section is 
  5.17  under the age of 21 years at the time of the violation, the 
  5.18  commissioner of public safety shall revoke the offender's 
  5.19  driver's license or operating privileges for a period of six 
  5.20  months or for the appropriate period of time under paragraph 
  5.21  (a), clauses (1) to (5), for the offense committed, whichever is 
  5.22  the greatest period.  
  5.23     (c) For purposes of this subdivision, a juvenile 
  5.24  adjudication under this section, section 169.129, an ordinance 
  5.25  in conformity with either of them, or a statute or ordinance 
  5.26  from another state in conformity with either of them is an 
  5.27  offense.  
  5.28     (d) Whenever department records show that the violation 
  5.29  involved personal injury or death to any person, not less than 
  5.30  90 additional days shall be added to the base periods provided 
  5.31  above.  
  5.32     (e) If the person is convicted of violating subdivision 1, 
  5.33  paragraph (f), the commissioner of public safety shall revoke 
  5.34  the person's driver's license for twice the period of time 
  5.35  otherwise provided for in this subdivision.  
  5.36     (f) Except for a person whose license has been revoked 
  6.1   under paragraph (b), and except for a person who commits a 
  6.2   violation described in subdivision 3, paragraph (c), clause (4), 
  6.3   (child endangerment), any person whose license has been revoked 
  6.4   pursuant to section 169.123 as the result of the same incident, 
  6.5   and who does not have a prior impaired driving conviction or 
  6.6   prior license revocation, is subject to the mandatory revocation 
  6.7   provisions of paragraph (a), clause (1) or (2), in lieu of the 
  6.8   mandatory revocation provisions of section 169.123. 
  6.9      (g) A person who is convicted of violating this section and 
  6.10  who has a prior impaired driving conviction or a prior license 
  6.11  revocation is prohibited from operating motorboats as provided 
  6.12  in section 86B.331, subdivision 1, and off-road recreational 
  6.13  vehicles as provided in section 84.91, subdivision 1.  
  6.14     Sec. 4.  [EFFECTIVE DATE.] 
  6.15     Sections 1 to 3 are effective the day following final 
  6.16  enactment.  However, violations listed in Minnesota Statutes, 
  6.17  section 169.121, subdivision 3, paragraph (a), that occur before 
  6.18  that date are considered prior impaired driving convictions or 
  6.19  prior license revocations for purposes of this act.