3rd 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 0.04 for youth under age 19 for operating any kind of 1.5 vehicle; creating a zero-tolerance standard for school 1.6 bus drivers; advancing criminal penalties and 1.7 administrative sanctions for committing a DWI crime 1.8 while having an alcohol concentration of 0.20 or more; 1.9 expanding DWI laws to include snowmobiles, all-terrain 1.10 vehicles, and motorboats and repealing the separate 1.11 DWI laws relating to those recreational vehicles; 1.12 authorizing the imposition of a penalty assessment of 1.13 up to $1,000 for persons driving motor vehicles with 1.14 an alcohol concentration of 0.20 or more; creating an 1.15 enhanced gross misdemeanor-level DWI crime and 1.16 restructuring criminal penalties for DWI, including 1.17 the provision of mandatory minimum periods of 1.18 incarceration and home detention for repeat DWI 1.19 offenders; mandating pretrial and posttrial electronic 1.20 alcohol monitoring for certain offenders; advancing 1.21 license plate impoundment and motor vehicle forfeiture 1.22 by one offense; providing an administrative process 1.23 for forfeiture and permitting it to be based on 1.24 license revocation; authorizing peace officers to stop 1.25 vehicles bearing special series license plates; 1.26 enhancing criminal penalties for repeat violations 1.27 involving commercial motor vehicles; authorizing the 1.28 use of preliminary breath tests results for 1.29 prosecuting certain driving offenses; making technical 1.30 changes; providing enhanced criminal penalties and 1.31 civil sanctions; appropriating money; amending 1.32 Minnesota Statutes 1996, sections 84.83, subdivision 1.33 5; 84.91, subdivision 1; 84.911, subdivision 7; 1.34 84.927, subdivision 1; 86B.331, subdivision 1; 1.35 86B.705, subdivision 2; 97A.065, subdivision 2; 1.36 97B.065, subdivision 1; 97B.066, subdivisions 1, 5, 1.37 and by adding subdivisions; 168.042, subdivisions 1, 1.38 2, 4, 9, 11, and by adding a subdivision; 169.01, 1.39 subdivision 75, and by adding subdivisions; 169.121, 1.40 subdivisions 1, 1c, 2, 3, 3b, 3c, 4, 6, 11, and by 1.41 adding subdivisions; 169.1211, subdivision 1, and by 1.42 adding subdivisions; 169.1217; 169.1218; 169.123, 1.43 subdivisions 1, 2, 4, 5a, 5c, and 6; 169.126, 1.44 subdivision 1; 169.1261; 169.129; 171.07, by adding a 1.45 subdivision; 171.12, by adding a subdivision; 171.19; 1.46 171.20, subdivision 4; 171.30, by adding a 2.1 subdivision; 340A.503, subdivision 2; 357.021, 2.2 subdivision 1a; 364.09; 609.02, subdivision 2, and by 2.3 adding a subdivision; 609.105; 609.135, subdivision 2; 2.4 609.15, subdivision 2; 609.487, by adding a 2.5 subdivision; and 634.15, subdivision 2; proposing 2.6 coding for new law in Minnesota Statutes, chapter 168; 2.7 repealing Minnesota Statutes 1996, sections 84.873; 2.8 84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 2.9 84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912; 2.10 84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7, 2.11 and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 2.12 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; 2.13 and 169.121, subdivision 3a. 2.14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.15 Section 1. Minnesota Statutes 1996, section 84.83, 2.16 subdivision 5, is amended to read: 2.17 Subd. 5. [FINES AND FORFEITED BAIL.] The disposition of 2.18 fines and forfeited bail collected from prosecutions of 2.19 violations of sections 84.81 to 84.91, and violations of section 2.20 169.121 that involve off-road recreational vehicles, as defined 2.21 in section 169.01, subdivision 84, are governed by section 2.22 97A.065. 2.23 Sec. 2. Minnesota Statutes 1996, section 84.91, 2.24 subdivision 1, is amended to read: 2.25 Subdivision 1. [ACTS PROHIBITED.] (a)No person shall2.26operate or be in physical control of any snowmobile or2.27all-terrain vehicle anywhere in this state or on the ice of any2.28boundary water of this state:2.29(1) when the person is under the influence of alcohol;2.30(2) when the person is under the influence of a controlled2.31substance, as defined in section 152.01, subdivision 4;2.32(3) when the person is under the influence of a combination2.33of any two or more of the elements named in clauses (1), (2),2.34and (6);2.35(4) when the person's alcohol concentration is 0.10 or2.36more;2.37(5) when the person's alcohol concentration as measured2.38within two hours of the time of operating is 0.10 or more; or2.39(6) when the person is knowingly under the influence of any2.40chemical compound or combination of chemical compounds that is2.41listed as a hazardous substance in rules adopted under section2.42182.655 and that affects the nervous system, brain, or muscles3.1of the person so as to substantially impair the person's ability3.2to operate the snowmobile or all-terrain vehicle.3.3(b)No owner or other person having charge or control of 3.4 any snowmobile or all-terrain vehicle shall authorize or permit 3.5 any individual the person knows or has reason to believe is 3.6 under the influence of alcohol or a controlled substance or 3.7 other substance, as provided under paragraph (a),to operate the 3.8 snowmobile or all-terrain vehicle anywhere in this state or on 3.9 the ice of any boundary water of this state. 3.10(c)(b) No owner or other person having charge or control 3.11 of any snowmobile or all-terrain vehicle shall knowingly 3.12 authorize or permit any person, who by reason of any physical or 3.13 mental disability is incapable of operating the vehicle, to 3.14 operate the snowmobile or all-terrain vehicle anywhere in this 3.15 state or on the ice of any boundary water of this state. 3.16 (c) A person who operates or is in physical control of a 3.17 snowmobile or all-terrain vehicle anywhere in this state or on 3.18 the ice of any boundary water of this state while under the 3.19 influence of alcohol, a controlled substance, or a hazardous 3.20 substance, is subject to the provisions of chapter 169 relating 3.21 to driving while impaired. In addition to the applicable 3.22 sanctions under chapter 169, a person who is convicted of 3.23 violating section 169.121 while operating a snowmobile or 3.24 all-terrain vehicle, or who refuses to comply with a lawful 3.25 request to submit to testing under section 169.123, shall be 3.26 prohibited from operating the snowmobile or all-terrain vehicle 3.27 for a period of one year. The commissioner shall notify the 3.28 convicted person of the period during which the person is 3.29 prohibited from operating a snowmobile or all-terrain vehicle. 3.30 The court shall promptly forward to the commissioner and the 3.31 department of public safety copies of all convictions and 3.32 criminal and civil sanctions imposed under this section and 3.33 chapter 169 relating to snowmobiles and all-terrain vehicles. 3.34 (d) A person who violates paragraph (a) or (b), or an 3.35 ordinance in conformity with either of them, is guilty of a 3.36 misdemeanor. 4.1 Sec. 3. Minnesota Statutes 1996, section 84.911, 4.2 subdivision 7, is amended to read: 4.3 Subd. 7. [CORONER TO REPORT DEATH.] Every coroner or 4.4 medical examiner shall report in writing to the department of 4.5 natural resources the death of any person within the 4.6 jurisdiction of the coroner or medical examiner as the result of 4.7 an accident involvingaan off-road recreationalmotorvehicle, 4.8 as defined in section84.90, subdivision 1169.01, subdivision 4.9 84, and the circumstances of the accident. The report shall be 4.10 made within 15 days after the death. 4.11 In the case of drivers killed in off-road recreational 4.12motorvehicle accidents and of the death of passengers 14 years 4.13 of age or older, who die within four hours after accident, the 4.14 coroner or medical examiner shall examine the body and shall 4.15 make tests as are necessary to determine the presence and 4.16 percentage concentration of alcohol, and drugs if feasible, in 4.17 the blood of the victim. This information shall be included in 4.18 each report submitted pursuant to the provisions of this 4.19 subdivision and shall be tabulated by the department of natural 4.20 resources. Periodically, the commissioner of natural resources 4.21 must transmit a summary of the reports to the commissioner of 4.22 public safety. 4.23 Sec. 4. Minnesota Statutes 1996, section 84.927, 4.24 subdivision 1, is amended to read: 4.25 Subdivision 1. [REGISTRATION REVENUE.] Fees from the 4.26 registration of all-terrain vehicles and the unrefunded gasoline 4.27 tax attributable to all-terrain vehicle use under section 4.28 296.16, as well as the net proceeds from the sale of all-terrain 4.29 vehicles forfeited pursuant to section84.912169.1217, shall be 4.30 deposited in the state treasury and credited to the all-terrain 4.31 vehicle account in the natural resources fund. 4.32 Sec. 5. Minnesota Statutes 1996, section 86B.331, 4.33 subdivision 1, is amended to read: 4.34 Subdivision 1. [ACTS PROHIBITED.] (a)A person may not4.35operate or be in physical control of a motorboat in operation on4.36the waters of this state:5.1(1) when the person is under the influence of alcohol;5.2(2) when the person is under the influence of a controlled5.3substance, as defined in section 152.01, subdivision 4;5.4(3) when the person is under the influence of a combination5.5of any two or more of the elements named in clauses (1), (2),5.6and (6);5.7(4) when the person's alcohol concentration is 0.10 or5.8more;5.9(5) when the person's alcohol concentration as measured5.10within two hours of the time of operating is 0.10 or more; or5.11(6) when the person is knowingly under the influence of any5.12chemical compound or combination of chemical compounds that is5.13listed as a hazardous substance in rules adopted under section5.14182.655 and that affects the nervous system, brain, or muscles5.15of the person so as to substantially impair the person's ability5.16to operate the motorboat.5.17(b)An owner or other person having charge or control of a 5.18 motorboat may not authorize or allow an individual the person 5.19 knows or has reason to believe is under the influence of alcohol 5.20 or a controlled or other substance, as provided under paragraph5.21(a),to operate the motorboat in operation on the waters of this 5.22 state. 5.23(c)(b) An owner or other person having charge or control 5.24 of a motorboat may not knowingly authorize or allow a person, 5.25 who by reason of a physical or mental disability is incapable of 5.26 operating the motorboat, to operate the motorboat in operation 5.27 on the waters of this state. 5.28 (c) A person who operates or is in physical control of a 5.29 motorboat on the waters of this state while under the influence 5.30 of alcohol, a controlled substance, or a hazardous substance, is 5.31 subject to the provisions of chapter 169 relating to driving 5.32 while impaired. In addition to the applicable sanctions under 5.33 chapter 169, a person who is convicted of violating section 5.34 169.121 while operating a motorboat, shall be prohibited from 5.35 operating the motorboat on the waters of this state for a period 5.36 of 90 days between May 1 and October 31, extending over two 6.1 consecutive years if necessary. If the person operating the 6.2 motorboat refuses to comply with a lawful demand to submit to 6.3 testing under section 169.123, the person shall be prohibited 6.4 from operating the motorboat for a period of one year. The 6.5 commissioner shall notify the convicted person of the period 6.6 during which the person is prohibited from operating a 6.7 motorboat. The court shall promptly forward to the commissioner 6.8 and the department of public safety copies of all convictions 6.9 and criminal and civil sanctions imposed under this section and 6.10 chapter 169 relating to motorboats. 6.11 (d) A person who violates paragraph (a) or (b), or an 6.12 ordinance in conformity with either of them, is guilty of a 6.13 misdemeanor. 6.14(d)(e) For purposes of this subdivision, a motorboat "in 6.15 operation" does not include a motorboat that is anchored, 6.16 beached, or securely fastened to a dock or other permanent 6.17 mooring, or a motorboat that is being rowed or propelled by 6.18 other than mechanical means. 6.19 Sec. 6. Minnesota Statutes 1996, section 86B.705, 6.20 subdivision 2, is amended to read: 6.21 Subd. 2. [FINES AND BAIL MONEY.] (a) All fines, 6.22 installment payments, and forfeited bail money collected from 6.23 persons convicted of violations of this chapter, or of a 6.24 violation of section 169.121 involving a motorboat, shall be 6.25 paid to the county treasurer of the county where the violation 6.26 occurred by the court administrator or other person collecting 6.27 the money within 15 days after the last day of the month the 6.28 money was collected. 6.29 (b) One-half of the receipts shall be credited to the 6.30 general revenue fund of the county. The other one-half of the 6.31 receipts shall be transmitted by the county treasurer to the 6.32 commissioner of natural resources to be deposited in the state 6.33 treasury and credited to the water recreation account for the 6.34 purpose of boat and water safety. 6.35 Sec. 7. Minnesota Statutes 1996, section 97A.065, 6.36 subdivision 2, is amended to read: 7.1 Subd. 2. [FINES AND FORFEITED BAIL.] (a) Fines and 7.2 forfeited bail collected from prosecutions of violations of: 7.3 the game and fish laws,; sections 84.091 to 84.15, and; sections 7.4 84.81 to 84.88,; section 169.121, when the violation involved an 7.5 off-road recreational vehicle as defined in section 169.01, 7.6 subdivision 84; chapter 348,; and any other law relating to wild 7.7 animals, andor aquatic vegetation, must be paid to the 7.8 treasurer of the county where the violation is prosecuted. The 7.9 county treasurer shall submit one-half of the receipts to the 7.10 commissioner and credit the balance to the county general 7.11 revenue fund except as provided in paragraphs (b), (c), and (d). 7.12 (b) The commissioner must reimburse a county, from the game 7.13 and fish fund, for the cost of keeping prisoners prosecuted for 7.14 violations under this section if the county board, by 7.15 resolution, directs: (1) the county treasurer to submit all 7.16 fines and forfeited bail to the commissioner; and (2) the county 7.17 auditor to certify and submit monthly itemized statements to the 7.18 commissioner. 7.19 (c) The county treasurer shall indicate the amount of the 7.20 receipts that are assessments or surcharges imposed under 7.21 section 609.101 and shall submit all of those receipts to the 7.22 commissioner. The receipts must be credited to the game and 7.23 fish fund to provide peace officer training for persons employed 7.24 by the commissioner who are licensed under section 626.84, 7.25 subdivision 1, clause (c), and who possess peace officer 7.26 authority for the purpose of enforcing game and fish laws. 7.27 (d) The county treasurer shall submit one-half of the 7.28 receipts collected under paragraph (a) from prosecutions of 7.29 violations of sections 84.81 to 84.91, and 169.121, including 7.30 receipts that are assessments or surcharges imposed under 7.31 section 609.101, to the commissioner and credit the balance to 7.32 the county general fund. The commissioner shall credit these 7.33 receipts to the snowmobile trails and enforcement account in the 7.34 natural resources fund. 7.35 Sec. 8. Minnesota Statutes 1996, section 97B.065, 7.36 subdivision 1, is amended to read: 8.1 Subdivision 1. [ACTS PROHIBITED.] (a) A person may not 8.2 take wild animals with a firearm or by archery: 8.3 (1) when the person is under the influence of alcohol; 8.4 (2) when the person is under the influence of a controlled 8.5 substance, as defined in section 152.01, subdivision 4; 8.6 (3) when the person is under the influence of a combination 8.7 of any two or more of the elements in clauses (1)and, (2), and 8.8 (7); 8.9 (4) when the person's alcohol concentration is 0.10 or 8.10 more; 8.11 (5) when the person's alcohol concentration as measured 8.12 within two hours of the time of taking is 0.10 or more;or8.13 (6) when the person's alcohol concentration is 0.04 or more 8.14 at the time of taking, or as measured within two hours of the 8.15 time of taking, if the person is under the age of 19 years at 8.16 the time of the violation; or 8.17 (7) when the person is knowingly under the influence of any 8.18 chemical compound or combination of chemical compounds that is 8.19 listed as a hazardous substance in rules adopted under section 8.20 182.655 and that affects the nervous system, brain, or muscles 8.21 of the person so as to substantially impair the person's ability 8.22 to operate a firearm or bow and arrow. 8.23 (b) An owner or other person having charge or control of a 8.24 firearm or bow and arrow may not authorize or permit an 8.25 individual the person knows or has reason to believe is under 8.26 the influence of alcohol or a controlled substance, as provided 8.27 under paragraph (a), to possess the firearm or bow and arrow in 8.28 this state or on a boundary water of this state. 8.29 Sec. 9. Minnesota Statutes 1996, section 97B.066, 8.30 subdivision 1, is amended to read: 8.31 Subdivision 1. [MANDATORY CHEMICAL TESTING.] A person who 8.32 takes wild animals with a bow or firearm in this state or on a 8.33 boundary water of this state is required, subject to the 8.34 provisions of this section, to take or submit to a test of the 8.35 person's blood, breath, or urine for the purpose of determining 8.36 the presence and amount of alcohol or a controlled substance. 9.1 The test shall be administered at the direction of an officer 9.2 authorized to make arrests under section 97B.065, subdivision 9.3 2. Taking or submitting to the test is mandatory when requested 9.4 by an officer who has probable cause to believe the person was 9.5 hunting in violation of section 97B.065, subdivision 1, 9.6 paragraph (a), and one of the following conditions exists: 9.7 (1) the person has been lawfully placed under arrest for 9.8 violating section 97B.065, subdivision 1, paragraph (a); 9.9 (2) the person has been involved while hunting in an 9.10 accident resulting in property damage, personal injury, or 9.11 death; 9.12 (3) the person has refused to take the preliminary 9.13 screening test provided for in section 97B.065, subdivision 3; 9.14or9.15 (4) the screening test was administered and indicated an 9.16 alcohol concentration of 0.10 or more; or 9.17 (5) the screening test was administered and indicated an 9.18 alcohol concentration of 0.04 or more, if the person is under 9.19 the age of 19 years at the time of the violation. 9.20 Sec. 10. Minnesota Statutes 1996, section 97B.066, 9.21 subdivision 5, is amended to read: 9.22 Subd. 5. [CHEMICAL TESTS.] Chemical tests administered 9.23 under this section are governed by section86B.335, subdivisions9.248, 9, and 10169.123, subdivisions 2b, 2c, and 3. 9.25 Sec. 11. Minnesota Statutes 1996, section 97B.066, is 9.26 amended by adding a subdivision to read: 9.27 Subd. 7. [ADMINISTRATIVE REVIEW.] (a) At any time during 9.28 the period of prohibition or revocation imposed under this 9.29 section, the person may request in writing a review of the order 9.30 imposing sanctions under this section. If the person makes a 9.31 request for administrative review within 30 days following 9.32 receipt of a notice and order imposing sanctions, the request 9.33 shall stay imposition of the civil penalty. Upon receiving the 9.34 request for review, the commissioner or the commissioner's 9.35 designee shall review the order, the evidence upon which the 9.36 order was based, and other material information brought to the 10.1 attention of the commissioner and determine whether sufficient 10.2 cause exists to sustain the order. 10.3 (b) Within 15 days after receiving the request, the 10.4 commissioner shall issue a written report ordering that the 10.5 prohibition, revocation, or civil penalty be either sustained or 10.6 rescinded. The review provided in this subdivision is not 10.7 subject to the contested case provisions of the Administrative 10.8 Procedure Act under chapter 14. The availability of 10.9 administrative review does not have an effect upon the 10.10 availability of judicial review under this section. 10.11 Sec. 12. Minnesota Statutes 1996, section 97B.066, is 10.12 amended by adding a subdivision to read: 10.13 Subd. 8. [JUDICIAL REVIEW.] (a) Within 30 days following 10.14 receipt of a notice and order imposing sanctions under this 10.15 section, a person may petition the court for review. The 10.16 petition must be filed with the district court administrator in 10.17 the county where the incident occurred giving rise to the test 10.18 demand and refusal, together with proof of service of a copy on 10.19 the commissioner and the prosecuting authority for misdemeanor 10.20 offenses for the jurisdiction in which the incident occurred. A 10.21 responsive pleading is not required of the commissioner of 10.22 natural resources, and court fees may not be charged for the 10.23 appearance of the representative of the commissioner in the 10.24 matter. 10.25 (b) The petition must be captioned in the name of the 10.26 person making the petition as petitioner and the commissioner as 10.27 respondent. The petition must state specifically the grounds 10.28 upon which the petitioner seeks rescission of the order imposing 10.29 sanctions. 10.30 (c) The filing of the petition does not stay the revocation 10.31 or prohibition against hunting. However, the filing of a 10.32 petition stays imposition of the civil penalty. The judicial 10.33 review shall be conducted according to the rules of civil 10.34 procedure. 10.35 Sec. 13. Minnesota Statutes 1996, section 97B.066, is 10.36 amended by adding a subdivision to read: 11.1 Subd. 9. [HEARING.] (a) A hearing under this section must 11.2 be before a district court judge in the county where the 11.3 incident occurred which gave rise to the test demand and 11.4 refusal. The hearing must be to the court and may be conducted 11.5 at the same time as hearings upon pretrial motions in the 11.6 criminal prosecution under section 97B.065. The hearing must be 11.7 recorded. The commissioner must be represented by the 11.8 prosecuting authority for misdemeanor offenses for the 11.9 jurisdiction in which the incident occurred which gave rise to 11.10 the test demand and refusal. 11.11 (b) The hearing must be held at the earliest practicable 11.12 date and in any event no later than 60 days following the filing 11.13 of the petition for review. The reviewing court may order a 11.14 temporary stay of the balance of the prohibition or revocation 11.15 if the hearing has not been conducted within 60 days after 11.16 filing of the petition, upon the application of the petitioner 11.17 and upon terms the court deems proper. 11.18 (c) The scope of the hearing must be limited to the issues 11.19 of: 11.20 (1) whether the officer had probable cause to believe that 11.21 the person violated section 97B.065; 11.22 (2) whether one of the conditions in subdivision 1 existed; 11.23 (3) whether the person was informed as prescribed in 11.24 subdivision 3; and 11.25 (4) whether the person refused to submit to testing. 11.26 (d) It is an affirmative defense for the petitioner to 11.27 prove that, at the time of the refusal, the petitioner's refusal 11.28 to permit the test was based upon reasonable grounds. 11.29 (e) The court shall order that the prohibition or 11.30 revocation be either sustained or rescinded and shall either 11.31 sustain or rescind the civil penalty. The court shall forward a 11.32 copy of the order to the commissioner. 11.33 Sec. 14. Minnesota Statutes 1996, section 97B.066, is 11.34 amended by adding a subdivision to read: 11.35 Subd. 10. [PAYMENT OF CIVIL PENALTY.] The civil penalty 11.36 imposed under subdivision 2 must be paid to the political 12.1 subdivision that represents the commissioner on the petition for 12.2 judicial review or, in the event that a petition is not filed, 12.3 to the political subdivision that would have represented the 12.4 commissioner had a petition been filed. If a person does not 12.5 pay the civil penalty, the prohibition against hunting is 12.6 automatically extended until the political subdivision reports 12.7 to the commissioner in writing that the penalty has been paid. 12.8 Sec. 15. Minnesota Statutes 1996, section 97B.066, is 12.9 amended by adding a subdivision to read: 12.10 Subd. 11. [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 12.11 does not pay the civil penalty imposed under subdivision 2 12.12 within 30 days of the date it was imposed, the prosecuting 12.13 authority representing the commissioner may petition the 12.14 district court in the county where the incident occurred to file 12.15 the order imposing the civil penalty as an order of the court. 12.16 (b) Once entered, the order may be enforced in the same 12.17 manner as a final judgment of the court. In addition to the 12.18 penalty, attorney fees, costs, and interest may be assessed 12.19 against any person who fails to pay the civil penalty. 12.20 Sec. 16. Minnesota Statutes 1996, section 168.042, 12.21 subdivision 1, is amended to read: 12.22 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 12.23 section, the following terms have the meanings given. 12.24 (b) "Violator" means a person who was driving, operating, 12.25 or in physical control of the motor vehicle when the violation 12.26 occurred. 12.27 (c) "Violation"means:12.28(1) a violation of section 169.123 or an impaired driving12.29conviction as defined in section 169.121, subdivision 3, that12.30results in the revocation of a person's driver's license or12.31driving privileges, and also includes an alcohol-related license12.32revocation from another state;12.33(2) a violation of section 169.129; and12.34(3) a violation of section 171.24 by a person whose12.35driver's license or driving privileges have been canceled under12.36section 171.04, subdivision 1, clause (8).includes: 13.1 (1) a violation of section 169.121, subdivision 1, clause 13.2 (a), (b), (c), (d), (e), (f), (h), or (i), subdivision 1a, or a 13.3 conforming ordinance from this state or a conforming statute or 13.4 ordinance from another state: 13.5 (i) within five years of a prior impaired driving 13.6 conviction or a prior license revocation; or 13.7 (ii) within 15 years of two or more prior impaired driving 13.8 convictions, two or more prior license revocations, or a prior 13.9 impaired driving conviction and a prior license revocation, 13.10 based on separate incidents; 13.11 (2) a violation of section 169.121, subdivision 1, clause 13.12 (g), or section 169.121, subdivision 3, paragraph (c), clause 13.13 (4); 13.14 (3) a violation of section 169.129; and 13.15 (4) a violation of section 171.24 by a person whose 13.16 driver's license or driving privileges have been canceled under 13.17 section 171.04, subdivision 1, clause (9). 13.18 (d) "Prior impaired driving conviction" has the meaning 13.19 given it in section 169.121, subdivision 3. 13.20 (e) "Prior license revocation" has the meaning given it in 13.21 section 169.121, subdivision 3. 13.22 Sec. 17. Minnesota Statutes 1996, section 168.042, 13.23 subdivision 2, is amended to read: 13.24 Subd. 2. [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 13.25 commissioner shall issue a registration plate impoundment order 13.26 when:13.27(1)a person's driver's license or driving privileges are 13.28 revoked for athirdviolation., as defined in subdivision 1,13.29paragraph (c), clause (1), within five years or a fourth or13.30subsequent violation, as defined in subdivision 1, paragraph13.31(c), clause (1), within 15 years;13.32(2) a person's driver's license or driving privileges are13.33revoked for a violation of section 169.121, subdivision 3,13.34paragraph (c), clause (4), within five years of one previous13.35violation or within 15 years of two or more previous violations,13.36as defined in subdivision 1, paragraph (c), clause (1); or14.1(3) a person is arrested for or charged with a violation14.2described in subdivision 1, paragraph (c), clause (2) or (3).14.3 The order shall require the impoundment of the registration 14.4 plates of the self-propelled motor vehicle involved in the 14.5 violation and all self-propelled motor vehicles owned by, 14.6 registered, or leased in the name of the violator, including 14.7 self-propelled motor vehicles registered jointly or leased in 14.8 the name of the violator and another. An impoundment order 14.9 shall not be issued for the registration plates of a rental 14.10 vehicle as defined in section 168.041, subdivision 10, or a 14.11 vehicle registered in another state. 14.12 Sec. 18. Minnesota Statutes 1996, section 168.042, 14.13 subdivision 4, is amended to read: 14.14 Subd. 4. [PEACE OFFICER AS AGENT FOR NOTICE OF 14.15 IMPOUNDMENT.] On behalf of the commissioner, a peace officer 14.16 issuing a notice of intent to revoke and of revocationunder14.17section 169.123for a violation shall also serve a notice of 14.18 intent to impound and an order of impoundmentif the violation14.19is the third violation, as defined in subdivision 1, paragraph14.20(c), clause (1), within five years or the fourth or subsequent14.21violation, as defined in subdivision 1, paragraph (c), clause14.22(1), within 15 years. On behalf of the commissioner, a peace 14.23 officer who is arresting a person for or charging a person with 14.24 a violationdescribed in subdivision 1, paragraph (c), clause14.25(2) or (3),shall also serve a notice of intent to impound and 14.26 an order of impoundment. If the vehicle involved in the 14.27 violation is accessible to the officer at the time the 14.28 impoundment order is issued, the officer shall seize the 14.29 registration plates subject to the impoundment order. The 14.30 officer shall destroy all plates seized or impounded under this 14.31 section. The officer shall send to the commissioner copies of 14.32 the notice of intent to impound and the order of impoundment and 14.33 a notice that registration plates impounded and seized under 14.34 this section have been destroyed. 14.35 Sec. 19. Minnesota Statutes 1996, section 168.042, 14.36 subdivision 9, is amended to read: 15.1 Subd. 9. [ADMINISTRATIVE REVIEW.] At any time during the 15.2 effective period of an impoundment order, a person may request 15.3 in writing a review of the impoundment order by the 15.4 commissioner. On receiving a request, the commissioner or the 15.5 commissioner's designee shall review the order, the evidence 15.6 upon which the order was based, and any other material 15.7 information brought to the attention of the commissioner, and 15.8 determine whether sufficient cause exists to sustain the order. 15.9 The commissioner shall report in writing the results of the 15.10 review within 15 days of receiving the request. The review 15.11 provided in this subdivision is not subject to the contested 15.12 case provisions of the administrative procedure act in sections 15.13 14.01 to 14.69. As a result of this review, the commissioner 15.14 may authorize the issuance at no cost of new registration plates 15.15 to the registered owner of the vehicle if the registered owner's 15.16 license or driving privileges were not revokedunder section15.17169.123 oras a result ofan impaired driving conviction as15.18defined in section 169.121, subdivision 3the violation. 15.19 Review under this subdivision shall take place, if 15.20 possible, at the same time as any administrative review of the 15.21 person's license revocation under section 169.123, subdivision 15.22 5b. 15.23 Sec. 20. Minnesota Statutes 1996, section 168.042, 15.24 subdivision 11, is amended to read: 15.25 Subd. 11. [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 15.26 OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 15.27 (1) the driver's license revocation that is the basis for 15.28 an impoundment order is rescinded,; 15.29 (2) the charges for the violation have been dismissed with 15.30 prejudice; or 15.31 (3) the violator has been acquitted of the violation; 15.32 then the registrar of motor vehicles shall issue new 15.33 registration plates for the vehicle at no cost, when the 15.34 registrar receives an application that includes a copy of the 15.35 order rescinding the driver's license revocation, the order 15.36 dismissing the charges, or the judgment of acquittal.If the16.1impoundment order was based on a violation described in16.2subdivision 1, paragraph (c), clause (2) or (3), and the charges16.3have been dismissed with prejudice or the violator has been16.4acquitted of the violation, the registrar of motor vehicles16.5shall issue new registration plates for the vehicle at no cost,16.6when the registrar receives an application that includes a copy16.7of the order dismissing the charges or a copy of the judgment of16.8acquittal.16.9 Sec. 21. Minnesota Statutes 1996, section 168.042, is 16.10 amended by adding a subdivision to read: 16.11 Subd. 11a. [CHARGE FOR REINSTATEMENT OF REGISTRATION 16.12 PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 16.13 vehicles reinstates a person's registration plates after 16.14 impoundment for reasons other than those described in 16.15 subdivision 11, the registrar shall charge the person $25. 16.16 Money raised under this subdivision must be paid into the state 16.17 treasury and credited to the highway user tax distribution fund. 16.18 Sec. 22. [168.0422] [STOPS OF VEHICLES BEARING SPECIAL 16.19 SERIES PLATES.] 16.20 A peace officer who observes the operation of a motor 16.21 vehicle within this state bearing special series registration 16.22 plates issued under section 168.041, subdivision 6, or 168.042, 16.23 subdivision 12, may stop the vehicle for the purpose of 16.24 determining whether the driver is operating the vehicle lawfully 16.25 under a valid driver's license. 16.26 Sec. 23. Minnesota Statutes 1996, section 169.01, 16.27 subdivision 75, is amended to read: 16.28 Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 16.29 motor vehicle" means a motor vehicle or combination of motor 16.30 vehicles used to transport passengers or property if the motor 16.31 vehicle: 16.32 (1) has a gross vehicle weight of more than 26,000 pounds; 16.33 (2) has a towed unit with a gross vehicle weight of more 16.34 than 10,000 pounds and the combination of vehicles has a 16.35 combined gross vehicle weight of more than 26,000 pounds; 16.36 (3) is a bus; 17.1 (4) is of any size and is used in the transportation of 17.2 hazardous materials, except for those vehicles having a gross 17.3 vehicle weight of 26,000 pounds or less while carrying in bulk 17.4 tanks a total of not more than 200 gallons of petroleum products 17.5 and liquid fertilizer; or 17.6 (5) is outwardly equipped and identified as a school bus, 17.7 except for school buses defined in subdivision 6, paragraph (c). 17.8 (b) For purposes of sections 169.1211, 169.1215, and 17.9 169.123, subdivisions 2 and 4,: 17.10 (1) a commercial motor vehicle does not include a farm 17.11 truck, firefighting equipment, or recreational equipment being 17.12 operated by a person within the scope of section 171.02, 17.13 subdivision 2, paragraph (a); and 17.14 (2) a commercial motor vehicle includes a vehicle capable 17.15 of or designed to meet the standards described in paragraph (a), 17.16 clause (2), whether or not the towed unit is attached to the 17.17 truck-tractor at the time of the violation or stop. 17.18 Sec. 24. Minnesota Statutes 1996, section 169.01, is 17.19 amended by adding a subdivision to read: 17.20 Subd. 84. [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 17.21 recreational vehicle" means an off-highway motorcycle as defined 17.22 in section 84.787, subdivision 7; off-road vehicle as defined in 17.23 section 84.797, subdivision 7; snowmobile as defined in section 17.24 84.81, subdivision 3; and all-terrain vehicle as defined in 17.25 section 84.92, subdivision 8. 17.26 Sec. 25. Minnesota Statutes 1996, section 169.01, is 17.27 amended by adding a subdivision to read: 17.28 Subd. 85. [MOTORBOAT.] "Motorboat" means a watercraft 17.29 propelled in any manner by machinery, including watercraft 17.30 temporarily equipped with detachable motors. 17.31 Sec. 26. Minnesota Statutes 1996, section 169.01, is 17.32 amended by adding a subdivision to read: 17.33 Subd. 86. [DRUG RECOGNITION EVALUATION.] "Drug recognition 17.34 evaluation" means the systematic, standardized, investigative 17.35 procedure defined by the National Highway Traffic Safety 17.36 Administration that is used to determine whether a driver is 18.1 impaired, whether the impairment relates to drugs or a medical 18.2 condition and, if drug-related, the categories of drugs likely 18.3 to have caused the impairment. 18.4 Sec. 27. Minnesota Statutes 1996, section 169.01, is 18.5 amended by adding a subdivision to read: 18.6 Subd. 87. [DRUG RECOGNITION EXPERT.] "Drug recognition 18.7 expert" means a peace officer who is certified by the 18.8 International Association of Chiefs of Police to conduct drug 18.9 recognition evaluations. 18.10 Sec. 28. Minnesota Statutes 1996, section 169.121, 18.11 subdivision 1, is amended to read: 18.12 Subdivision 1. [CRIME; ACTS PROHIBITED.] It is a crime for 18.13 any person to drive, operate, or be in physical control of any 18.14 motor vehicle within this state or upon the ice of any boundary 18.15 water of this state under any of the following circumstances: 18.16 (a) when the person is under the influence of alcohol; 18.17 (b) when the person is under the influence of a controlled 18.18 substance; 18.19 (c) when the person is under the influence of a combination 18.20 of any two or more of the elements named in clauses (a), (b), 18.21 and(f)(h); 18.22 (d) when the person's alcohol concentration is 0.10 or more 18.23 but less than 0.20; 18.24 (e) when the person's alcohol concentration as measured 18.25 within two hours of the time of driving, operating, or being in 18.26 physical control of the motor vehicle is 0.10 or more but less 18.27 than 0.20; 18.28 (f) when the person's alcohol concentration is 0.04 or more 18.29 but less than 0.20 at the time of driving, operating, or being 18.30 in physical control of the motor vehicle, or as measured within 18.31 two hours of the time of driving, operating, or being in 18.32 physical control of the motor vehicle, if the person is under 18.33 the age of 19 years at the time of the violation; 18.34 (g) when the person's alcohol concentration at the time, or 18.35 as measured within two hours of the time, of driving, operating, 18.36 or being in physical control of the motor vehicle is 0.20 or 19.1 more; 19.2 (h) when the person is knowingly under the influence of a 19.3 hazardous substance that affects the nervous system, brain, or 19.4 muscles of the person so as to substantially impair the person's 19.5 ability to drive or operate the motor vehicle; or 19.6(g)(i) when the person's body contains any amount of a 19.7 controlled substance listed in schedule I or II other than 19.8 marijuana or tetrahydrocannabinols. 19.9 Sec. 29. Minnesota Statutes 1996, section 169.121, 19.10 subdivision 1c, is amended to read: 19.11 Subd. 1c. [CONDITIONAL RELEASE.] (a) Unless maximum bail 19.12 is imposed under section 629.471, subdivision 2, a person 19.13 charged with a crime listed in this paragraph may be released 19.14 from detention only if the person agrees to abstain from alcohol 19.15 and submit to a program of electronic alcohol monitoring 19.16 involving at least daily measurements of the person's alcohol 19.17 concentration pending resolution of the charge. This paragraph 19.18 applies only when electronic alcohol monitoring equipment is 19.19 available to the court and only when a person is charged with: 19.20 (1) a violation of subdivision 1 or 1a within five years of 19.21 two prior impaired driving convictions, or within ten years of 19.22 three or more prior impaired driving convictions; 19.23 (2) a second or subsequent violation of subdivision 1 or 19.24 1a, if the person is under the age of 19 years; 19.25 (3) a violation of subdivision 1 or 1a, while the person's 19.26 driver's license or driving privileges have been canceled under 19.27 section 171.04, subdivision 1, clause (9); 19.28 (4) a violation of subdivision 1, clause (g); or 19.29 (5) a violation of section 169.129. 19.30 If the defendant is convicted of the charged offense, the 19.31 court shall require partial or total reimbursement from the 19.32 person for the cost of the electronic alcohol monitoring, to the 19.33 extent the defendant is able to pay. 19.34 (b) Unless maximum bail is imposed under section 629.471, 19.35 subdivision 2, a person charged with violating subdivision 1 or 19.36 1a within ten years of the first of three prior impaired driving 20.1 convictions or within the person's lifetime after four or more 20.2 prior impaired driving convictions may be released from 20.3 detention only if the following conditions are imposed in 20.4 addition to the condition imposed in paragraph (a), if 20.5 applicable, and any other conditions of release ordered by the 20.6 court: 20.7 (1) the impoundment of the registration plates of the 20.8 vehicle used to commit the violation, unless already impounded; 20.9 (2) if the vehicle used to commit the violation was an 20.10 off-road recreational vehicle or a motorboat, the impoundment of 20.11 the off-road recreational vehicle or motorboat; 20.12 (3) a requirement that the alleged violator report weekly 20.13 to a probation agent; 20.14(3)(4) a requirement that the alleged violator abstain 20.15 from consumption of alcohol and controlled substances and submit 20.16 to random, weeklyalcohol tests or urine analyses at least 20.17 weekly; and 20.18(4)(5) a requirement that, if convicted, the alleged 20.19 violator reimburse the court or county for the total cost of 20.20 these services. 20.21 Sec. 30. Minnesota Statutes 1996, section 169.121, is 20.22 amended by adding a subdivision to read: 20.23 Subd. 1d. [FIRST-TIME VIOLATORS; OFF-ROAD RECREATIONAL 20.24 VEHICLES AND MOTORBOATS.] A person who violates this section 20.25 while using an off-road recreational vehicle or motorboat and 20.26 who does not have a prior impaired driving conviction or prior 20.27 license revocation is subject only to the criminal penalty 20.28 provided in subdivision 3 and loss of operating privileges as 20.29 provided in section 84.91, subdivision 1, or 86B.331, 20.30 subdivision 1, whichever is applicable. The person is not 20.31 subject to the provisions of subdivision 1c, 3b, 3f, 4, 5b, or 20.32 8, the license revocation sanctions of section 169.123, or the 20.33 plate impoundment provisions of section 168.042. 20.34 Sec. 31. Minnesota Statutes 1996, section 169.121, 20.35 subdivision 2, is amended to read: 20.36 Subd. 2. [EVIDENCE.] (a) Upon the trial of any prosecution 21.1 arising out of acts alleged to have been committed by any person 21.2 arrested for driving, operating, or being in physical control of 21.3 a motor vehicle in violation of subdivision 1, the court may 21.4 admit evidence of the presence or amount of alcohol, controlled 21.5 substances, or hazardous substances in the person's blood, 21.6 breath, or urine as shown by an analysis of those items. 21.7 (b) For the purposes of this subdivision, evidence that 21.8 there was at the time an alcohol concentration of 0.04 or more 21.9 is relevant evidence in indicating whether or not the person was 21.10 under the influence of alcohol. 21.11 (c) Evidence of the refusal to take a test is admissible 21.12 into evidence in a prosecution under this section or an 21.13 ordinance in conformity with it. 21.14 (d) If proven by a preponderance of the evidence, it shall 21.15 be an affirmative defense to a violation of subdivision 1, 21.16 clause (e), (f), or (g), that the defendant consumed a 21.17 sufficient quantity of alcohol after the time of actual driving, 21.18 operating, or being in physical control of a motor vehicle and 21.19 before the administration of the evidentiary test to cause the 21.20 defendant's alcohol concentration to exceed0.10the level 21.21 specified in the applicable clause. Evidence that the defendant 21.22 consumed alcohol after the time of actual driving, operating, or 21.23 being in physical control of a motor vehicle may not be admitted 21.24 in defense to any alleged violation of this section unless 21.25 notice is given to the prosecution prior to the omnibus or 21.26 pretrial hearing in the matter. 21.27 (e) If proven by a preponderance of the evidence, it shall 21.28 be an affirmative defense to a violation of subdivision 1, 21.29 clause(g)(i), that the defendant used the controlled substance 21.30 according to the terms of a prescription issued for the 21.31 defendant in accordance with sections 152.11 and 152.12. 21.32 (f) The preceding provisions do not limit the introduction 21.33 of any other competent evidence bearing upon the question of 21.34 whether the person violated this section, including tests 21.35 obtained more than two hours after the alleged violation and 21.36 results obtained from partial tests on an infrared 22.1 breath-testing instrument. A result from a partial test is the 22.2 measurement obtained by analyzing one adequate breath sample, as 22.3 defined in section 169.123, subdivision 2b, paragraph (b). 22.4 Sec. 32. Minnesota Statutes 1996, section 169.121, 22.5 subdivision 3, is amended to read: 22.6 Subd. 3. [CRIMINAL PENALTIES.] (a) As used in this 22.7subdivisionsection: 22.8 (1) "Prior impaired driving conviction" means a prior 22.9 conviction under: 22.10 (i) this section; Minnesota Statutes 1996, section 84.91, 22.11 subdivision 1, paragraph (a);, or 86B.331, subdivision 1, 22.12 paragraph (a); section 169.1211; section 169.129; or section 22.13 360.0752; 22.14 (ii) section 609.21, subdivision 1, clauses (2) to (6); 22.15609.21,subdivision 2, clauses (2) to (6);609.21,subdivision 22.16 2a, clauses (2) to (6);609.21,subdivision 2b, clauses (2) to 22.17 (6);609.21,subdivision 3, clauses (2) to (6);609.21,or 22.18 subdivision 4, clauses (2) to (6); or 22.19 (iii) an ordinance from this state, or a statute or 22.20 ordinance from another state, in conformity with anyof22.21themprovision listed in item (i) or (ii). 22.22 A prior impaired driving conviction also includes a prior 22.23 juvenile adjudication that would have been a prior impaired 22.24 driving conviction if committed by an adult; and. 22.25 (2) "Prior license revocation" means a driver's license 22.26 suspension, revocation,orcancellation, denial, or 22.27 disqualification under: 22.28 (i) this section;or section 169.1211, 169.123;, 22.29 171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 22.30 because of an alcohol-related incident; 22.31 (ii) section 609.21, subdivision 1, clauses (2) to 22.32 (6);609.21,subdivision 2, clauses (2) to (6);609.21,22.33 subdivision 2a, clauses (2) to (6);609.21,subdivision 2b, 22.34 clauses (2) to (6);609.21,subdivision 3, clauses (2) to (6); 22.35 or609.21,subdivision 4, clauses (2) to (6); or 22.36 (iii) an ordinance from this state, or a statute or 23.1 ordinance from another state, in conformity with anyof them23.2 provision listed in item (i) or (ii). 23.3 "Prior license revocation" also means the revocation of 23.4 snowmobile or all-terrain vehicle operating privileges under 23.5 section 84.911, or motorboat operating privileges under section 23.6 86B.335, for violations that occurred on or after August 1, 1995. 23.7 (b) A person who violates subdivision 1, clause (a), (b), 23.8 (c), (d), (e), (f), (h), or (i), or subdivision 1a, or an 23.9 ordinance in conformity witheitherany of them, is guilty of a 23.10 misdemeanor. 23.11 (c) A person is guilty of a gross misdemeanor under any of 23.12 the following circumstances: 23.13 (1) the person violates subdivision 1, clause (g); 23.14 (2) the person violates subdivision 1, clause (a), (b), 23.15 (c), (d), (e), (f), (h), or (i), or subdivision 1a, within five 23.16 years of a prior impaired driving conviction, or within ten23.17years of the first of two or more prior impaired driving23.18convictions;23.19(2) the person violates subdivision 1a within five years of23.20 or a prior license revocation, or within ten years of the first23.21of two or more prior license revocations; 23.22 (3) the person violates section 169.26 while in violation 23.23 of subdivision 1; or 23.24 (4) the person violates subdivision 1 or 1a while a child 23.25 under the age of 16 is in the vehicle, if the child is more than 23.26 36 months younger than the violator. 23.27 A person convicted of a gross misdemeanor under this 23.28 paragraph is subject to the mandatory penalties provided in 23.29 subdivision 3d. 23.30 (d) A person is guilty of an enhanced gross misdemeanor 23.31 under any of the following circumstances: 23.32 (1) the person violates subdivision 1, clause (g), or 23.33 commits a violation described in paragraph (c), clause (3) or 23.34 (4), within ten years of one or more prior impaired driving 23.35 convictions or prior license revocations; 23.36 (2) the person violates subdivision 1, clause (a), (b), 24.1 (c), (d), (e), (f), (h), or (i), or subdivision 1a, within ten 24.2 years of the first of two or more prior impaired driving 24.3 convictions, two or more prior license revocations, or any 24.4 combination of two or more prior impaired driving convictions 24.5 and prior license revocations, based on separate incidents. 24.6 A person convicted of an enhanced gross misdemeanor under 24.7 this paragraph may be sentenced to imprisonment in a local 24.8 correctional facility for not more than two years or to payment 24.9 of a fine of not more than $3,000, or both. Additionally, the 24.10 person is subject to the applicable mandatory penalties provided 24.11 in subdivision 3e. 24.12 (e) The court shall notify a person convicted of violating 24.13 subdivision 1 or 1a that the registration plates of the person's 24.14 motor vehicle may be impounded under section 168.042 and the 24.15 vehicle may be subject to forfeiture under section 169.1217 upon 24.16 a subsequent conviction for violating this section, section 24.17 169.129, or section 171.24, or a subsequent license revocation 24.18 under section 169.123. The notice must describe the conduct and 24.19 the time periods within which the conduct must occur in order to 24.20 result in plate impoundment or forfeiture. The failure of the 24.21 court to provide this information does not affect the 24.22 applicability of the plate impoundment or the forfeiture 24.23 provision to that person. 24.24(d)(f) The attorney in the jurisdiction in which the 24.25 violation occurred who is responsible for prosecution of 24.26 misdemeanor violations of this section shall also be responsible 24.27 for prosecution of gross misdemeanor and enhanced gross 24.28 misdemeanor violations of this section. 24.29(e)(g) The court must impose consecutive sentences when it 24.30 sentences a person for a violation of this section or section 24.31 169.129 arising out of separate behavioral incidents. The court 24.32 also must impose a consecutive sentence when it sentences a 24.33 person for a violation of this section or section 169.129 and 24.34 the person, at the time of sentencing, is on probation for, or 24.35 serving, an executed sentence for a violation of this section or 24.36 section 169.129 and the prior sentence involved a separate 25.1 behavioral incident. The court also may order that the sentence 25.2 imposed for a violation of this section or section 169.129 shall 25.3 run consecutively to a previously imposed misdemeanor, gross 25.4 misdemeanor or felony sentence for a violation other than this 25.5 section or section 169.129. 25.6 (h) When the court stays the sentence of a person convicted 25.7 under this section, the length of the stay is governed by 25.8 section 609.135, subdivision 2. 25.9(f)(i) The court may impose consecutive sentences for 25.10 offenses arising out of a single course of conduct as permitted 25.11 in section 609.035, subdivision 2. 25.12(g)(j) When an attorney responsible for prosecuting gross 25.13 misdemeanors or enhanced gross misdemeanors under this section 25.14 requests criminal history information relating to prior impaired 25.15 driving convictions from a court, the court must furnish the 25.16 information without charge. 25.17(h)(k) A violation of subdivision 1a may be prosecuted 25.18 either in the jurisdiction where the arresting officer observed 25.19 the defendant driving, operating, or in control of the motor 25.20 vehicle or in the jurisdiction where the refusal occurred. 25.21 Sec. 33. Minnesota Statutes 1996, section 169.121, 25.22 subdivision 3b, is amended to read: 25.23 Subd. 3b. [HABITUAL OFFENDERS;CHEMICAL USE ASSESSMENT.] 25.24 The court must order a person to submit to the level of care 25.25 recommended in the chemical use assessment ifathe person has 25.26 been convictedunderof violating: 25.27 (1) subdivision 1,subdivision 1a,clause (g); or 25.28 (2) subdivision 1, clause (a), (b), (c), (d), (e), (f), 25.29 (h), or (i), subdivision 1a, section 169.129, an ordinance in 25.30 conformity with any of them, or a statute or ordinance from 25.31 another state in conformity with any of them, and if the person25.32is then convicted of violating subdivision 1, subdivision 1a,25.33section 169.129, or an ordinance in conformity with any of them25.34(1) once: 25.35 (i) within five years ofthe firsta prior impaired driving 25.36 conviction or(2) two or more timesa prior license revocation; 26.1 or 26.2 (ii) within ten yearsafter the first conviction, the court26.3must order the person to submit to the level of care recommended26.4in the chemical use assessment required under section 169.126of 26.5 two or more prior impaired driving convictions, two or more 26.6 prior license revocations, or a prior impaired driving 26.7 conviction and a prior license revocation, based on separate 26.8 incidents. 26.9 Sec. 34. Minnesota Statutes 1996, section 169.121, 26.10 subdivision 3c, is amended to read: 26.11 Subd. 3c. [NOTICE OF ENHANCED PENALTIES.] When a court 26.12 sentences a person for amisdemeanor or gross misdemeanor26.13 violation of this section, it shall inform the defendant of the 26.14 statutory provisions that provide for enhancement of criminal 26.15 penalties for repeat violators. The failure of a court to 26.16 provide this information to a defendant does not affect the 26.17 future applicability of these enhanced penalties to that 26.18 defendant. 26.19 Sec. 35. Minnesota Statutes 1996, section 169.121, is 26.20 amended by adding a subdivision to read: 26.21 Subd. 3d. [GROSS MISDEMEANORS; MANDATORY PENALTIES.] (a) 26.22 The mandatory penalties in this subdivision apply to persons 26.23 convicted of a gross misdemeanor under subdivision 3, paragraph 26.24 (c), or section 169.129. 26.25 (b) A person who is convicted of a gross misdemeanor under 26.26 subdivision 3, paragraph (c), or is convicted of a gross 26.27 misdemeanor violation of section 169.129 within five years of a 26.28 prior impaired driving conviction or prior license revocation, 26.29 must be sentenced to a minimum of 30 days imprisonment, at least 26.30 48 hours of which must be served consecutively, or to eight 26.31 hours of community work service for each day less than 30 days 26.32 that the person is ordered to serve in jail. Notwithstanding 26.33 section 609.135, the above sentence must be executed, unless the 26.34 court departs from the mandatory minimum sentence under 26.35 paragraph (c) or (d). 26.36 (c) Prior to sentencing, the prosecutor may file a motion 27.1 to have the defendant sentenced without regard to the mandatory 27.2 minimum sentence established by this subdivision. The motion 27.3 must be accompanied by a statement on the record of the reasons 27.4 for it. When presented with the prosecutor's motion and if it 27.5 finds that substantial mitigating factors exist, the court shall 27.6 sentence the defendant without regard to the mandatory minimum 27.7 sentence established by this subdivision. 27.8 (d) The court may, on its own motion, sentence the 27.9 defendant without regard to the mandatory minimum sentence 27.10 established by this subdivision if it finds that substantial 27.11 mitigating factors exist and if its sentencing departure is 27.12 accompanied by a statement on the record of the reasons for it. 27.13 The court also may sentence the defendant without regard to the 27.14 mandatory minimum sentence established by this subdivision if 27.15 the defendant is sentenced to probation and ordered to 27.16 participate in a program established under section 169.1265. 27.17 (e) When any portion of the sentence required by this 27.18 subdivision is not executed, the court should impose a sentence 27.19 that is proportional to the extent of the offender's prior 27.20 criminal and moving traffic violation record. Any sentence 27.21 required under this subdivision must include a mandatory 27.22 sentence that is not subject to suspension or a stay of 27.23 imposition or execution, and that includes incarceration for not 27.24 less than 48 consecutive hours or at least 80 hours of community 27.25 work service. 27.26 Sec. 36. Minnesota Statutes 1996, section 169.121, is 27.27 amended by adding a subdivision to read: 27.28 Subd. 3e. [ENHANCED GROSS MISDEMEANORS; MANDATORY 27.29 PENALTIES.] (a) The mandatory penalties in this subdivision 27.30 apply to persons who are convicted of an enhanced gross 27.31 misdemeanor under subdivision 3, paragraph (d), or section 27.32 169.129. Notwithstanding section 609.135, these penalties must 27.33 be imposed and executed. 27.34 (b) A person who is convicted of an enhanced gross 27.35 misdemeanor under the circumstances described in subdivision 3, 27.36 paragraph (d), clause (1), shall be sentenced as follows: 28.1 (1) if the person has one prior impaired driving conviction 28.2 within the past ten years, the person must be sentenced to a 28.3 minimum of 90 days of incarceration, at least 30 days of which 28.4 must be served consecutively in a local correctional facility. 28.5 The court may order that the person serve not more than 60 days 28.6 of this minimum penalty on home detention or in an intensive 28.7 probation program described in section 169.1265; 28.8 (2) if the person has two prior impaired driving 28.9 convictions within the past ten years, the person must be 28.10 sentenced to a minimum of 180 days of incarceration, at least 30 28.11 days of which must be served consecutively in a local 28.12 correctional facility. The court may order that the person 28.13 serve not more than 150 days of this minimum penalty on home 28.14 detention or in an intensive probation program described in 28.15 section 169.1265; or 28.16 (3) if the person has three prior impaired driving 28.17 convictions within the past 15 years, or four or more prior 28.18 impaired driving convictions within the person's lifetime, the 28.19 person must be sentenced to a minimum of one year of 28.20 incarceration, at least 60 days of which must be served 28.21 consecutively in a local correctional facility. The court may 28.22 order that the person serve the remainder of this minimum 28.23 penalty on intensive probation using an electronic monitoring 28.24 system or, if such a system is unavailable, on home detention. 28.25 (c) A person who is convicted of an enhanced gross 28.26 misdemeanor under the circumstances described in subdivision 3, 28.27 paragraph (d), clause (2) or (3), or under section 169.129, 28.28 shall be sentenced as follows: 28.29 (1) if the person has two prior impaired driving 28.30 convictions, two prior license revocations, or a combination of 28.31 the two, within the past ten years, the person must be sentenced 28.32 to a minimum of 90 days incarceration, at least 30 days of which 28.33 must be served consecutively in a local correctional facility. 28.34 The court may order that the person serve not more than 60 days 28.35 of this minimum penalty on home detention or in an intensive 28.36 probation program described in section 169.1265; 29.1 (2) if the person has three prior impaired driving 29.2 convictions, three prior license revocations, or a combination 29.3 of the two, within the past ten years, the person must be 29.4 sentenced to a minimum of 180 days of incarceration, at least 30 29.5 days of which must be served consecutively in a local 29.6 correctional facility. The court may order that the person 29.7 serve not more than 150 days of this minimum penalty on home 29.8 detention or in an intensive probation program described in 29.9 section 169.1265; or 29.10 (3) if the person has: (i) four prior impaired driving 29.11 convictions, four prior license revocations, or a combination of 29.12 the two, within the past 15 years; or (ii) five or more prior 29.13 impaired driving convictions, five or more prior license 29.14 revocations, or a combination of the two, within the person's 29.15 lifetime; then the person must be sentenced to a minimum of one 29.16 year of incarceration, at least 60 days of which must be served 29.17 consecutively in a local correctional facility. The court may 29.18 order that the person serve the remainder of this minimum 29.19 penalty on intensive probation using an electronic monitoring 29.20 system or, if such a system is unavailable, on home detention. 29.21 Sec. 37. Minnesota Statutes 1996, section 169.121, is 29.22 amended by adding a subdivision to read: 29.23 Subd. 3f. [LONG-TERM MONITORING.] (a) This subdivision 29.24 applies to a person convicted of: 29.25 (1) a violation of subdivision 1 or 1a within five years of 29.26 two prior impaired driving convictions, or within ten years of 29.27 three or more prior impaired driving convictions; 29.28 (2) a second or subsequent violation of subdivision 1 or 29.29 1a, if the person is under the age of 19 years; 29.30 (3) a violation of subdivision 1 or 1a, while the person's 29.31 driver's license or driving privileges have been canceled under 29.32 section 171.04, subdivision 1, clause (9); or 29.33 (4) a violation of section 169.129. 29.34 (b) When the court sentences a person described in 29.35 paragraph (a) to a stayed sentence and when electronic 29.36 monitoring equipment is available to the court, the court shall 30.1 require that the person participate in a program of electronic 30.2 alcohol monitoring in addition to any other conditions of 30.3 probation or jail time it imposes. During the first one-third 30.4 of the person's probationary term, the electronic alcohol 30.5 monitoring must be continuous and involve measurements of the 30.6 person's alcohol at least three times a day. During the 30.7 remainder of the person's probationary term, the electronic 30.8 alcohol monitoring may be intermittent, as determined by the 30.9 court. The court shall require partial or total reimbursement 30.10 from the person for the cost of the electronic alcohol 30.11 monitoring, to the extent the person is able to pay. 30.12 Sec. 38. Minnesota Statutes 1996, section 169.121, 30.13 subdivision 4, is amended to read: 30.14 Subd. 4. [ADMINISTRATIVE PENALTIES.] (a) The commissioner 30.15 of public safety shall revoke the driver's license of a person 30.16 convicted of violating this section or an ordinance in 30.17 conformity with it as follows: 30.18 (1) for an offense under subdivision 1: not less than 30 30.19 days; 30.20 (2) for an offense under subdivision 1a: not less than 90 30.21 days; 30.22 (3) for an offense occurring within five years after a 30.23 prior impaired driving conviction or a prior license revocation, 30.24 or any time after two or more prior impaired driving convictions 30.25 or prior license revocations: (i) if the current conviction is 30.26 for a violation of subdivision 1, not less than 180 days and 30.27 until the court has certified that treatment or rehabilitation 30.28 has been successfully completed where prescribed in accordance 30.29 with section 169.126; or (ii) if the current conviction is for a 30.30 violation of subdivision 1a, not less than one year and until 30.31 the court has certified that treatment or rehabilitation has 30.32 been successfully completed where prescribed in accordance with 30.33 section 169.126; 30.34 (4) for an offense occurring within five years after the 30.35 first of two prior impaired driving convictions or prior license 30.36 revocations: not less than one year, together with denial under 31.1 section 171.04, subdivision 1, clause(8)(9), until 31.2 rehabilitation is established in accordance with standards 31.3 established by the commissioner; 31.4 (5) for an offense occurring any time after three or more 31.5 prior impaired driving convictions or prior license 31.6 revocations: not less than two years, together with denial 31.7 under section 171.04, subdivision 1, clause(8)(9), until 31.8 rehabilitation is established in accordance with standards 31.9 established by the commissioner. 31.10 (b) If the person convicted of violating this section is 31.11 under the age of 21 years, the commissioner of public safety 31.12 shall revoke the offender's driver's license or operating 31.13 privileges for a period of six months or for the appropriate 31.14 period of time under paragraph (a), clauses (1) to (5), for the 31.15 offense committed, whichever is the greatest period. 31.16 (c) For purposes of this subdivision, a juvenile 31.17 adjudication under this section, section 169.129, an ordinance 31.18 in conformity with either of them, or a statute or ordinance 31.19 from another state in conformity with either of them is an 31.20 offense. 31.21 (d) Whenever department records show that the violation 31.22 involved personal injury or death to any person, not less than 31.23 90 additional days shall be added to the base periods provided 31.24 above. 31.25 (e) If the person is convicted of violating subdivision 1, 31.26 paragraph (g), the commissioner of public safety shall revoke 31.27 the person's driver's license for twice the period of time 31.28 otherwise provided for in this subdivision. 31.29 (f) Except for a person whose license has been revoked 31.30 under paragraph (b), and except for a person who commits a 31.31 violation described in subdivision 3, paragraph (c), clause (4), 31.32 (child endangerment), any person whose license has been revoked 31.33 pursuant to section 169.123 as the result of the same incident, 31.34 and who does not have a prior impaired driving conviction or 31.35 prior license revocationwithin the previous ten years, is 31.36 subject to the mandatory revocation provisions of paragraph (a), 32.1 clause (1) or (2), in lieu of the mandatory revocation 32.2 provisions of section 169.123. 32.3(f) As used in this subdivision, the terms "prior impaired32.4driving conviction" and "prior license revocation" have the32.5meanings given in subdivision 3, paragraph (a).32.6 Sec. 39. Minnesota Statutes 1996, section 169.121, is 32.7 amended by adding a subdivision to read: 32.8 Subd. 5b. [PENALTY ASSESSMENT.] When a court sentences a 32.9 person convicted of violating subdivision 1, paragraph (g), the 32.10 court may impose a penalty assessment of up to $1,000. The 32.11 court may impose this assessment in addition to any other 32.12 penalties or charges authorized under this section. Money 32.13 collected under this subdivision must be distributed as follows: 32.14 (1) if the arresting officer is an employee of a political 32.15 subdivision, the assessment must be forwarded to the treasury of 32.16 the political subdivision for use in enforcement, training, and 32.17 education activities related to driving while impaired; or 32.18 (2) if the arresting officer is an employee of the state, 32.19 the assessment must be forwarded to the state treasury and 32.20 credited to the general fund. 32.21 Sec. 40. Minnesota Statutes 1996, section 169.121, 32.22 subdivision 6, is amended to read: 32.23 Subd. 6. [PRELIMINARY SCREENING TEST.] (a) When a peace 32.24 officer has reason to believe from the manner in which a person 32.25 is driving, operating, controlling, or acting upon departure 32.26 from a motor vehicle, or has driven, operated, or controlled a 32.27 motor vehicle, that the driver may be violating or has violated 32.28 subdivision 1 or section 169.1211, the officer may require the 32.29 driver to provide a sample of the driver's breath for a 32.30 preliminary screening test using a device approved by the 32.31 commissioner of public safety for this purpose. 32.32 (b) The results of this preliminary screening test shall be 32.33 used for the purpose of deciding whether an arrest should be 32.34 made and whether to require the tests authorized in section 32.35 169.123, but shall not be used in any court action except the 32.36 following: 33.1 (1) to prove that a test was properly required of a person 33.2 pursuant to section 169.123, subdivision 2; 33.3 (2) in a civil action arising out of the operation or use 33.4 of the motor vehicle; 33.5 (3) in an action for license reinstatement under section 33.6 171.19;or33.7 (4) in a prosecution or juvenile court proceeding 33.8 concerning a violation of section 169.1218 or 340A.503, 33.9 subdivision 1, paragraph (a), clause (2); 33.10 (5) in a prosecution under section 169.1211, subdivision 1, 33.11 paragraph (b), or 171.30; or 33.12 (6) in a prosecution for a violation of a restriction on a 33.13 driver's license under section 171.09, which provides that the 33.14 license holder may not use or consume any amount of alcohol or a 33.15 controlled substance. 33.16 (c) Following the screening test additional tests may be 33.17 required of the driver pursuant to the provisions of section 33.18 169.123. 33.19 (d) The driver who refuses to furnish a sample of the 33.20 driver's breath is subject to the provisions of section 169.123 33.21 unless, in compliance with section 169.123, the driver submits 33.22 to a blood, breath or urine test to determine the presence or 33.23 amount of alcohol, controlled substances, or hazardous 33.24 substances. 33.25 Sec. 41. Minnesota Statutes 1996, section 169.121, 33.26 subdivision 11, is amended to read: 33.27 Subd. 11. [APPLICABILITY TO RECREATIONAL VEHICLES.] For 33.28 purposes of this section and section 169.123, "motor vehicle" 33.29does not include a snowmobile as defined in section 84.81, or an33.30all-terrain vehicle as defined in section 84.92. This33.31subdivision does not prevent the commissioner of public safety33.32from recording on driving records violations involving33.33snowmobiles and all-terrain vehicles.includes motorboats in 33.34 operation and off-road recreational vehicles. A "motorboat in 33.35 operation" does not include a motorboat that is anchored, 33.36 beached, or securely fastened to a dock or other permanent 34.1 mooring, or a motorboat that is being rowed or propelled by 34.2 other than mechanical means. 34.3 Sec. 42. Minnesota Statutes 1996, section 169.1211, 34.4 subdivision 1, is amended to read: 34.5 Subdivision 1. [CRIMECRIMES.] (a) It is amisdemeanor34.6 crime for any person to drive, operate, or be in physical 34.7 control of any commercial motor vehicle within this state or 34.8 upon the ice of any boundary water of this state: 34.9 (1) when the person's alcohol concentration is 0.04 or more 34.10 but less than 0.20;or34.11 (2) when the person's alcohol concentration as measured 34.12 within two hours of the time of driving, operating, or being in 34.13 physical control of the commercial motor vehicle is 0.04 or more 34.14 but less than 0.20; or 34.15 (3) when the person's alcohol concentration at the time, or 34.16 as measured within two hours of the time, of driving, operating, 34.17 or being in physical control of the commercial motor vehicle is 34.18 0.20 or more. 34.19 (b) It is a crime for any person to drive, operate, or be 34.20 in physical control of any class of school bus or Head Start bus 34.21 within this state or upon the ice of any boundary water of this 34.22 state when there is physical evidence present in the person's 34.23 body of the consumption of any alcohol. 34.24 Sec. 43. Minnesota Statutes 1996, section 169.1211, is 34.25 amended by adding a subdivision to read: 34.26 Subd. 3a. [CRIMINAL PENALTY.] (a) A person who violates 34.27 subdivision 1, paragraph (a), clause (1) or (2), or paragraph 34.28 (b), or an ordinance in conformity with any of them, is guilty 34.29 of a misdemeanor. 34.30 (b) A person is guilty of a gross misdemeanor under any of 34.31 the following circumstances: 34.32 (1) the person violates subdivision 1, paragraph (a), 34.33 clause (3); 34.34 (2) the person violates subdivision 1, paragraph (a), 34.35 clause (1) or (2), or paragraph (b), within five years of a 34.36 prior impaired driving conviction or a prior license revocation, 35.1 or within ten years of the first of two or more prior impaired 35.2 driving convictions, two or more prior license revocations, or a 35.3 combination of a prior impaired driving conviction and a prior 35.4 license revocation, based on separate incidents; 35.5 (3) the person violates section 169.26 while in violation 35.6 of subdivision 1; or 35.7 (4) the person violates subdivision 1 while a child under 35.8 the age of 16 is in the vehicle, if the child is more than 36 35.9 months younger than the violator. 35.10 Sec. 44. Minnesota Statutes 1996, section 169.1211, is 35.11 amended by adding a subdivision to read: 35.12 Subd. 5. [DEFINITIONS.] As used in this section, the terms 35.13 "prior impaired driving conviction" and "prior license 35.14 revocation" have the meanings given them in section 169.121, 35.15 subdivision 3. 35.16 Sec. 45. Minnesota Statutes 1996, section 169.1217, is 35.17 amended to read: 35.18 169.1217 [VEHICLE FORFEITURE FORCOMMISSION OFDESIGNATED 35.19 OFFENSES AND LICENSE REVOCATIONS.] 35.20 Subdivision 1. [DEFINITIONS.] As used in this section, the 35.21 following terms have the meanings given them: 35.22 (a) "Appropriate agency" means a law enforcement agency 35.23 that has the authority to make an arrest for a violation of a 35.24 designated offense or to require a test under section 169.123. 35.25 (b) "Designated license revocation" includes a license 35.26 revocation under section 169.123: 35.27 (1) within five years of two prior impaired driving 35.28 convictions, two prior license revocations, or a prior impaired 35.29 driving conviction and a prior license revocation, based on 35.30 separate incidents; or 35.31 (2) within 15 years of the first of three or more prior 35.32 impaired driving convictions, three or more prior license 35.33 revocations, or any combination of three or more prior impaired 35.34 driving convictions and prior license revocations, based on 35.35 separate incidents. 35.36 (c) "Designated offense" includes: 36.1 (1) a violation of section 169.121, subdivision 1, clause 36.2 (a), (b), (c), (d), (e), (f), (h), or (i), subdivision 1a, an 36.3 ordinance in conformity withitany of them, or section 169.129: 36.4(1)(i) within five years ofthreetwo prior impaired 36.5 driving convictionsor three, two prior license revocations, or 36.6 a prior impaired driving conviction and a prior license 36.7 revocation, based on separate incidents; or 36.8(2)(ii) within 15 years of the first offourthree or more 36.9 prior impaired driving convictionsor the first of four, three 36.10 or more prior license revocations, or any combination of three 36.11 or more impaired driving convictions and prior license 36.12 revocations, based on separate incidents; 36.13 (2) a violation of section 169.121, subdivision 1, clause 36.14 (g), or a violation of section 169.121, subdivision 3, paragraph 36.15 (c), clause (4); 36.16 (i) within five years of a prior impaired driving 36.17 conviction or a prior license revocation; or 36.18 (ii) within 15 years of the first of two or more prior 36.19 impaired driving convictions, two or more prior license 36.20 revocations, or a prior impaired driving conviction and a prior 36.21 license revocation, based on separate incidents; or 36.22 (3) a violation of section 169.121, an ordinance in 36.23 conformity with it, or section 169.129: 36.24 (i) by a person whose driver's license or driving 36.25 privileges have been canceled under section 171.04, subdivision 36.26 1, clause(8)(9); or 36.27(4)(ii) by a person who is subject to a restriction on the 36.28 person's driver's license under section 171.09 which provides 36.29 that the person may not use or consume any amount of alcohol or 36.30 a controlled substance. 36.31"Designated offense" also includes a violation of section36.32169.121, subdivision 3, paragraph (c), clause (4):36.33(1) within five years of two prior impaired driving36.34convictions or two prior license revocations based on separate36.35incidents; or36.36(2) within 15 years of the first of three or more prior37.1impaired driving convictions or the first of three or more prior37.2license revocations based on separate incidents.37.3(c)(d) "Motor vehicle" and "vehicle" have the meaning 37.4 given "motor vehicle" in section 169.121, subdivision 11. The 37.5 terms do not include a vehicle which is stolen or taken in 37.6 violation of the law. 37.7(d)(e) "Owner" means the registered owner of the motor 37.8 vehicle according to records of the department of public safety 37.9 and includes a lessee of a motor vehicle if the lease agreement 37.10 has a term of 180 days or more. 37.11(e)(f) "Prior impaired driving conviction" has the meaning 37.12 given it in section 169.121, subdivision 3. A prior impaired 37.13 driving conviction also includes a prior juvenile adjudication 37.14 that would have been a prior impaired driving conviction if 37.15 committed by an adult. 37.16(f)(g) "Prior license revocation" has the meaning given it 37.17 in section 169.121, subdivision 3. 37.18(g)(h) "Prosecuting authority" means the attorney in the 37.19 jurisdiction in which the designated offense occurred who is 37.20 responsible for prosecuting violations of a designated offense. 37.21 Subd. 2. [SEIZURE.] A motor vehicle subject to forfeiture 37.22 under this section may be seized by the appropriate agency upon 37.23 process issued by any court having jurisdiction over the 37.24 vehicle. Property may be seized without process if: 37.25 (1) the seizure is incident to a lawful arrest or a lawful 37.26 search; 37.27 (2) the vehicle subject to seizure has been the subject of 37.28 a prior judgment in favor of the state in a criminal injunction 37.29 or forfeiture proceeding under this section; or 37.30 (3) the appropriate agency has probable cause to believe 37.31 that the delay occasioned by the necessity to obtain process 37.32 would result in the removal or destruction of the vehicle. If 37.33 property is seized without process under this clause(3), the 37.34 prosecuting authority must institute a forfeiture action under 37.35 this section as soon as is reasonably possible. 37.36 Subd. 3. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 38.1 OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 38.2 subject to forfeiture under this section vests in the 38.3 appropriate agency upon commission of the conduct resulting in 38.4 the designated offense or designated license revocation giving 38.5 rise to the forfeiture. Any vehicle seized under this section 38.6 is not subject to replevin, but is deemed to be in the custody 38.7 of the appropriate agency subject to the orders and decrees of 38.8 the court having jurisdiction over the forfeiture proceedings. 38.9 When a vehicle is so seized, the appropriate agency may: 38.10 (1) place the vehicle under seal; 38.11 (2) remove the vehicle to a place designated by it; 38.12 (3) place a disabling device on the vehicle; and 38.13 (4) take other steps reasonable and necessary to secure the 38.14 vehicle and prevent waste. 38.15 Subd. 4. [BOND BY OWNER FOR POSSESSION.] If the owner of a 38.16 vehicle that has been seized under this section seeks possession 38.17 of the vehicle before the forfeiture action is determined, the 38.18 owner may, subject to the approval of the appropriate agency, 38.19 give security or post bond payable to the appropriate agency in 38.20 an amount equal to the retail value of the seized vehicle. On 38.21 posting the security or bond, the seized vehicle may be returned 38.22 to the owner only if a disabling device is attached to the 38.23 vehicle. The forfeiture action shall proceed against the 38.24 security as if it were the seized vehicle. 38.25 Subd. 5. [EVIDENCE.] Certified copies of court records and 38.26 motor vehicle and driver's license records concerning prior 38.27 impaired driving convictions and prior license revocations are 38.28 admissible as substantive evidence where necessary to prove the 38.29 commission of a designated offense or the occurrence of a 38.30 designated license revocation. 38.31 Subd. 6. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 38.32 vehicle is subject to forfeiture under this section if it was 38.33 used in the commission of a designated offense or was used in 38.34 conduct resulting in a designated license revocation. 38.35 Subd. 7. [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 38.36 (a) A vehicle is subject to forfeiture under this section only 39.1 if: 39.2 (1) the driver is convicted of the designated offense upon 39.3 which the forfeiture is based;or39.4 (2) the driver fails to appear with respect to the 39.5 designated offense charge in violation of section 609.49; or 39.6 (3) the driver's conduct results in a designated license 39.7 revocation and the driver either fails to seek administrative or 39.8 judicial review of the revocation in a timely manner as required 39.9 by section 169.123, subdivision 5b or 5c, or the revocation is 39.10 sustained under section 169.123, subdivision 5b or 6. 39.11 (b) A vehicle encumbered by a bona fide security interest, 39.12 or subject to a lease that has a term of 180 days or more, is 39.13 subject to the interest of the secured party or lessor unless 39.14 the party or lessor had knowledge of or consented to the act 39.15 upon which the forfeiture is based. 39.16 (c) Notwithstanding paragraph (b), the secured party's or 39.17 lessor's interest in a vehicle is not subject to forfeiture 39.18 based solely on the secured party's or lessor's knowledge of the 39.19 act or omission upon which the forfeiture is based if the 39.20 secured party or lessor took reasonable steps to terminate use 39.21 of the vehicle by the offender. 39.22 (d) A motor vehicle is subject to forfeiture under this 39.23 section only if its owner knew or should have known of the 39.24 unlawful use or intended use. 39.25 (e) A vehicle subject to a security interest, based upon a 39.26 loan or other financing arranged by a financial institution, is 39.27 subject to the interest of the financial institution. 39.28 Subd. 7a. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 39.29 motor vehicle used to commit a designated offense or used in 39.30 conduct resulting in a designated license revocation is subject 39.31 to administrative forfeiture under this subdivision. 39.32 (b) When a motor vehicle is seized under subdivision 2, the 39.33 appropriate agency shall serve the driver or operator of the 39.34 vehicle with a notice of the seizure and intent to forfeit the 39.35 vehicle. Additionally, when a motor vehicle is seized under 39.36 subdivision 2, or within a reasonable time after that, all 40.1 persons known to have an ownership or possessory interest in the 40.2 vehicle must be notified of the seizure and the intent to 40.3 forfeit the vehicle. Notice mailed by certified mail to the 40.4 address shown in department of public safety records is 40.5 sufficient notice to the registered owner of the vehicle. 40.6 Otherwise, notice may be given in the manner provided by law for 40.7 service of a summons in a civil action. 40.8 (c) The notice must be in writing and contain: 40.9 (1) a description of the vehicle seized; 40.10 (2) the date of seizure; and 40.11 (3) notice of the right to obtain judicial review of the 40.12 forfeiture and of the procedure for obtaining that judicial 40.13 review, printed in English, Hmong, and Spanish. Substantially 40.14 the following language must appear conspicuously: "IF YOU DO 40.15 NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 40.16 STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 40.17 TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 40.18 RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY. YOU MAY NOT 40.19 HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 40.20 UNABLE TO AFFORD THE FEE. YOU DO NOT HAVE TO PAY THE FILING FEE 40.21 IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 40.22 IN CONCILIATION COURT." 40.23 (d) Within 30 days following service of a notice of seizure 40.24 and forfeiture under this subdivision, a claimant may file a 40.25 demand for a judicial determination of the forfeiture. The 40.26 demand must be in the form of a civil complaint and must be 40.27 filed with the court administrator in the county in which the 40.28 seizure occurred, together with proof of service of a copy of 40.29 the complaint on the prosecuting authority having jurisdiction 40.30 over the forfeiture, and the standard filing fee for civil 40.31 actions unless the petitioner has the right to sue in forma 40.32 pauperis under section 563.01. If the value of the seized 40.33 property is less than $500, the claimant may file an action in 40.34 conciliation court for recovery of the seized vehicle without 40.35 paying the conciliation court filing fee. No responsive 40.36 pleading is required of the prosecuting authority and no court 41.1 fees may be charged for the prosecuting authority's appearance 41.2 in the matter. Except as provided in this section, judicial 41.3 reviews and hearings are governed by section 169.123, 41.4 subdivisions 5c and 6, and shall take place at the same time as 41.5 any judicial review of the person's license revocation under 41.6 section 169.123. The proceedings may be combined with any 41.7 hearing on a petition filed under section 169.123, subdivision 41.8 5c, and are governed by the rules of civil procedure. 41.9 (e) The complaint must be captioned in the name of the 41.10 claimant as plaintiff and the seized vehicle as defendant, and 41.11 must state with specificity the grounds on which the claimant 41.12 alleges the vehicle was improperly seized and the plaintiff's 41.13 interest in the vehicle seized. Notwithstanding any law to the 41.14 contrary, an action for the return of a vehicle seized under 41.15 this section may not be maintained by or on behalf of any person 41.16 who has been served with a notice of seizure and forfeiture 41.17 unless the person has complied with this subdivision. 41.18 (f) If the claimant makes a timely demand for a judicial 41.19 determination under this subdivision, the appropriate agency 41.20 must conduct the forfeiture under subdivision 8. 41.21 (g) If a demand for judicial determination of an 41.22 administrative forfeiture is filed under this subdivision and 41.23 the court orders the return of the seized vehicle, the court 41.24 shall order that filing fees be reimbursed to the person who 41.25 filed the demand. In addition, the court may order the payment 41.26 of reasonable costs, expenses, and attorney fees under section 41.27 549.21, subdivision 2. 41.28 Subd. 8. [JUDICIAL FORFEITURE PROCEDURE.] (a) This 41.29 subdivision governs judicial determinations of the forfeiture of 41.30 a motor vehicle used to commit a designated offenseis subject41.31to forfeiture under this subdivisionor used in conduct 41.32 resulting in a designated license revocation. 41.33 (b) A separate complaint shall be filed against the 41.34 vehicle, describing it,andspecifying that it was used in the 41.35 commission of a designated offense or was used in conduct 41.36 resulting in a designated license revocation, and specifying the 42.1 time and place of its unlawful use. If the forfeiture was based 42.2 on the commission of a designated offense and the person charged 42.3 withathe designated offense appears in court as required and 42.4 is not convicted of the offense, the court shall dismiss the 42.5 complaint against the vehicle and order the property returned to 42.6 the person legally entitled to it. If the forfeiture is based 42.7 on a designated license revocation, and the designated license 42.8 revocation is rescinded under section 169.123, subdivision 5a or 42.9 6, the court shall dismiss the complaint against the vehicle and 42.10 order the property returned to the person legally entitled to 42.11 it. If the lawful ownership of the vehicle used in the 42.12 commission of a designated offense or used in conduct resulting 42.13 in a designated license revocation can be determined and it is 42.14 found the owner was not privy to commission of a designated 42.15 offense or was not privy to the conduct resulting in the 42.16 designated license revocation, the vehicle shall be returned 42.17 immediately. 42.18 Subd. 9. [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 42.19 vehicle is administratively forfeited under subdivision 7a, or 42.20 if the court finds under subdivision 8 that the vehicle is 42.21 subject to forfeiture under subdivisions 6 and 7,it shall order42.22 the appropriate agencytoshall: 42.23 (1) sell the vehicle and distribute the proceeds under 42.24 paragraph (b); or 42.25 (2) keep the vehicle for official use. If the agency keeps 42.26 a forfeited motor vehicle for official use, it shall make 42.27 reasonable efforts to ensure that the motor vehicle is available 42.28 for use by the agency's officers who participate in the drug 42.29 abuse resistance education program. 42.30 (b) The proceeds from the sale of forfeited vehicles, after 42.31 payment of seizure, storage, forfeiture, and sale expenses, and 42.32 satisfaction of valid liens against the property, must be 42.33 forwarded to the treasury of the political subdivision that 42.34 employs the appropriate agency responsible for the forfeiture 42.35 for use in DWI-related enforcement, training and education. If 42.36 the appropriate agency is an agency of state government, the net 43.1 proceeds must be forwarded to the state treasury and credited to 43.2 the general fund. 43.3 (c) The proceeds from the sale of forfeited off-road 43.4 recreational vehicles and motorboats, after payment of seizure, 43.5 storage, forfeiture, and sale expenses, and satisfaction of 43.6 valid liens against the property, must be forwarded to the state 43.7 treasury and credited to the following funds: 43.8 (1) if the forfeited vehicle is a motorboat, the net 43.9 proceeds must be credited to the water recreation account in the 43.10 natural resources fund; 43.11 (2) if the forfeited vehicle is a snowmobile, the net 43.12 proceeds must be credited to the snowmobile trails and 43.13 enforcement account in the natural resources fund; 43.14 (3) if the forfeited vehicle is an all-terrain vehicle, the 43.15 net proceeds must be credited to the all-terrain vehicle account 43.16 in the natural resources fund; 43.17 (4) if the forfeited vehicle is an off-highway motorcycle, 43.18 the net proceeds must be credited to the off-highway motorcycle 43.19 account in the natural resources fund; 43.20 (5) if the forfeited vehicle is an off-road vehicle, the 43.21 net proceeds must be credited to the off-road vehicle account in 43.22 the natural resources fund; and 43.23 (6) if otherwise, the net proceeds must be credited to the 43.24 general fund. 43.25 Sec. 46. Minnesota Statutes 1996, section 169.1218, is 43.26 amended to read: 43.27 169.1218 [UNDERAGE DRINKING AND DRIVING.] 43.28 (a) It is a misdemeanor for a person under the age of 21 43.29 years to drive or operate a motor vehicle while consuming 43.30 alcoholic beverages, or after having consumed alcoholic 43.31 beverages while there is physical evidence of the consumption 43.32 present in the person's body. 43.33 (b) When a person is found to have committed an offense 43.34 under paragraph (a), the court shall notify the commissioner of 43.35 public safety of its determination. Upon receipt of the court's 43.36 determination, the commissioner shall suspend the person's 44.1 driver's license or operating privileges for 30 days, or for 180 44.2 days if the person has previously been found to have violated 44.3 paragraph (a) or a statute or ordinance in conformity with 44.4 paragraph (a). 44.5 (c) If the person's conduct violates section 169.121, 44.6 subdivision 1 or 1a, or 169.1211, the penalties and license 44.7 sanctions in those laws apply instead of the license sanction in 44.8 paragraph (b). 44.9 (d) An offense under paragraph (a) may be prosecuted either 44.10 in the jurisdiction where consumption occurs or the jurisdiction 44.11 where evidence of consumption is observed. 44.12 Sec. 47. Minnesota Statutes 1996, section 169.123, 44.13 subdivision 1, is amended to read: 44.14 Subdivision 1. [PEACE OFFICER DEFINED.] For purposes of 44.15 this section, section 169.121, and section 169.1211, the term 44.16 peace officer means (1) a state patrol officer, (2) University 44.17 of Minnesota peace officer, (3) a constable as defined in 44.18 section 367.40, subdivision 3,or(4) police officer of any 44.19 municipality, including towns having powers under section 44.20 368.01, or county, and (5) for purposes of violations of those 44.21 sections in or on an off-road recreational vehicle or motorboat, 44.22 a state conservation officer. 44.23 Sec. 48. Minnesota Statutes 1996, section 169.123, 44.24 subdivision 2, is amended to read: 44.25 Subd. 2. [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 44.26 (a) Any person who drives, operates, or is in physical control 44.27 of a motor vehicle within this state or upon the ice of any 44.28 boundary water of this state consents, subject to the provisions 44.29 of this section and sections 169.121 and 169.1211, to a chemical 44.30 test of that person's blood, breath, or urine for the purpose of 44.31 determining the presence of alcohol, controlled substances, or 44.32 hazardous substances. The test shall be administered at the 44.33 direction of a peace officer. The test may be required of a 44.34 person when an officer has probable cause to believe the person 44.35 was driving, operating, or in physical control of a motor 44.36 vehicle in violation of section 169.121 and one of the following 45.1 conditions exist: 45.2 (1) the person has been lawfully placed under arrest for 45.3 violation of section 169.121, or an ordinance in conformity with 45.4 it; 45.5 (2) the person has been involved in a motor vehicle 45.6 accident or collision resulting in property damage, personal 45.7 injury, or death; 45.8 (3) the person has refused to take the screening test 45.9 provided for by section 169.121, subdivision 6;or45.10 (4) the screening test was administered and indicated an 45.11 alcohol concentration of 0.10 or more; or 45.12 (5) the screening test was administered and indicated an 45.13 alcohol concentration of 0.04 or more, if the person is under 45.14 the age of 19 years at the time of the violation. 45.15 The test may also be required of a person when an officer 45.16 has probable cause to believe the person was driving, operating, 45.17 or in physical control of a commercial motor vehicle with the 45.18 presence of any alcohol. 45.19 (b) At the time a test is requested, the person shall be 45.20 informed: 45.21 (1) that Minnesota law requires the person to take a test: 45.22 (i) to determine if the person is under the influence of 45.23 alcohol, controlled substances, or hazardous substances; (ii) to 45.24 determine the presence of a controlled substance listed in 45.25 schedule I or II, other than marijuana or tetrahydrocannabinols; 45.26 and (iii) if the motor vehicle was a commercial motor vehicle, 45.27 to determine the presence of alcohol; 45.28 (2) that refusal to take a test is a crime; 45.29 (3) if the peace officer has probable cause to believe the 45.30 person has violated the criminal vehicular homicide and injury 45.31 laws, that a test will be taken with or without the person's 45.32 consent; and 45.33 (4) that the person has the right to consult with an 45.34 attorney, but that this right is limited to the extent that it 45.35 cannot unreasonably delay administration of the test. 45.36 (c) The peace officer who requires a test pursuant to this 46.1 subdivision may direct whether the test shall be of blood, 46.2 breath, or urine. Action may be taken against a person who 46.3 refuses to take a blood test only if an alternative test was 46.4 offered and action may be taken against a person who refuses to 46.5 take a urine test only if an alternative test was offered. 46.6 Sec. 49. Minnesota Statutes 1996, section 169.123, 46.7 subdivision 4, is amended to read: 46.8 Subd. 4. [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 46.9 refuses to permit a test, none shall be given, but the peace 46.10 officer shall report the refusal to the commissioner of public 46.11 safety and the authority having responsibility for prosecution 46.12 of misdemeanor offenses for the jurisdiction in which the acts 46.13 occurred. However, if a peace officer has probable cause to 46.14 believe that the person has violated section 609.21, a test may 46.15 be required and obtained despite the person's refusal. A 46.16 refusal to submit to an alcohol concentration test does not 46.17 constitute a violation of section 609.50, unless the refusal was 46.18 accompanied by force or violence or the threat of force or 46.19 violence. 46.20 (b) If a person submits to a testand, the results of that 46.21 test shall be reported to the commissioner of public safety and 46.22 to the authority having responsibility for prosecution of 46.23 misdemeanor offenses for the jurisdiction in which the acts 46.24 occurred, if the test results indicate: 46.25 (1) an alcohol concentration of 0.10 or more; 46.26 (2) an alcohol concentration of 0.04 or more, if the person 46.27 is under the age of 19 years at the time of the violation; 46.28 (3) an alcohol concentration of 0.04 or more, if the person 46.29 was driving, operating, or in physical control of a commercial 46.30 motor vehicle at the time of the violation; or 46.31 (4) the presence of a controlled substance listed in 46.32 schedule I or II, other than marijuana or tetrahydrocannabinols,46.33or if a person was driving, operating, or in physical control of46.34a commercial motor vehicle and the test results indicate an46.35alcohol concentration of 0.04 or more, the results of the test46.36shall be reported to the commissioner of public safety and to47.1the authority having responsibility for prosecution of47.2misdemeanor offenses for the jurisdiction in which the acts47.3occurred. 47.4 (c) Upon certification by the peace officer that there 47.5 existed probable cause to believe the person had been driving, 47.6 operating, or in physical control of a motor vehicle in 47.7 violation of section 169.121 and that the person refused to 47.8 submit to a test, the commissioner of public safety shall revoke 47.9 the person's license or permit to drive, or nonresident 47.10 operating privilege, for a period of one year even if a test was 47.11 obtained pursuant to this section after the person refused to 47.12 submit to testing. 47.13 (d) Upon certification by the peace officer that there 47.14 existed probable cause to believe the person had been driving, 47.15 operating, or in physical control of a commercial motor vehicle 47.16 with the presence of any alcohol in violation of section 169.121 47.17 or 169.1211, and that the person refused to submit to a test, 47.18 the commissioner shall disqualify the person from operating a 47.19 commercial motor vehicle for a period of one year under section 47.20 171.165 and shall revoke the person's license or permit to drive 47.21 or nonresident operating privilege for a period of one year. 47.22 (e) Upon certification by the peace officer that there 47.23 existed probable cause to believe the person had been driving, 47.24 operating, or in physical control of a motor vehicle in 47.25 violation of section 169.121 and that the person submitted to a 47.26 test and the test results indicate: an alcohol concentration of 47.27 0.10 or more; an alcohol concentration of 0.04 or more, if the 47.28 person is under the age of 19 years at the time of the 47.29 violation; or the presence of a controlled substance listed in 47.30 schedule I or II, other than marijuana or tetrahydrocannabinols, 47.31 then the commissioner of public safety shall revoke the person's 47.32 license or permit to drive, or nonresident operating privilege: 47.33 (1) for a period of 90 days; or 47.34 (2) if the person is under the age of 21 years, for a 47.35 period of six months; or 47.36 (3) for a person with a prior impaired driving conviction 48.1 or prior license revocation within the past five years, for a 48.2 period of 180 days; or 48.3 (4) if the test results indicate an alcohol concentration 48.4 of 0.20 or more, for twice the applicable period in clauses (1) 48.5 to (3). 48.6 (f) On certification by the peace officer that there 48.7 existed probable cause to believe the person had been driving, 48.8 operating, or in physical control of a commercial motor vehicle 48.9 with any presence of alcohol and that the person submitted to a 48.10 test and the test results indicated an alcohol concentration of 48.11 0.04 or more, the commissioner of public safety shall disqualify 48.12 the person from operating a commercial motor vehicle under 48.13 section 171.165. 48.14 (g) If the person is a resident without a license or permit 48.15 to operate a motor vehicle in this state, the commissioner of 48.16 public safety shall deny to the person the issuance of a license 48.17 or permit for the same period after the date of the alleged 48.18 violation as provided herein for revocation, subject to review 48.19 as hereinafter provided. 48.20 (h) As used in this subdivision, the terms "prior impaired 48.21 driving conviction" and "prior license revocation" have the 48.22 meanings given in section 169.121, subdivision 3, paragraph (a). 48.23 Sec. 50. Minnesota Statutes 1996, section 169.123, 48.24 subdivision 5a, is amended to read: 48.25 Subd. 5a. [TEST REFUSAL; DRIVING PRIVILEGE LOST.] (a) On 48.26 behalf of the commissioner of public safety, a peace officer 48.27 requiring a test or directing the administration of a chemical 48.28 test shall serve immediate notice of intention to revoke and of 48.29 revocation on a person who refuses to permit a test or on a 48.30 person who submits to a test the results of which indicate: 48.31 (1) an alcohol concentration of 0.10 or more; or 48.32 (2) an alcohol concentration of 0.04 or more, if the person 48.33 is under the age of 19 years at the time of the violation. 48.34 (b) On behalf of the commissioner of public safety, a peace 48.35 officer requiring a test or directing the administration of a 48.36 chemical test of a person driving, operating, or in physical 49.1 control of a commercial motor vehicle shall serve immediate 49.2 notice of intention to disqualify and of disqualification on a 49.3 person who refuses to permit a test, or on a person who submits 49.4 to a test the results of which indicate an alcohol concentration 49.5 of 0.04 or more. 49.6 (c) The officer shall either: 49.7 (1) take the driver's license or permit, if any, send it to 49.8 the commissioner of public safety along with the certificate 49.9 required by subdivision 4, and issue a temporary license 49.10 effective only for seven days; or 49.11 (2) invalidate the driver's license or permit in such a way 49.12 that no identifying information is destroyed. 49.13 Sec. 51. Minnesota Statutes 1996, section 169.123, 49.14 subdivision 5c, is amended to read: 49.15 Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 49.16 days following receipt of a notice and order of revocation or 49.17 disqualification pursuant to this section, a person may petition 49.18 the court for review. The petition shall be filed with the 49.19 district court administrator in the county where the alleged 49.20 offense occurred, together with proof of service of a copy on 49.21 the commissioner of public safety, and accompanied by the 49.22 standard filing fee for civil actions. No responsive pleading 49.23 shall be required of the commissioner of public safety, and no 49.24 court fees shall be charged for the appearance of the 49.25 commissioner of public safety in the matter. 49.26 (b) The petitionshallmust: 49.27 (1) be captioned in the full name of the person making the 49.28 petition as petitioner and the commissioner of public safety as 49.29 respondent. The petition must; 49.30 (2) include the petitioner's date of birth, driver's 49.31 license number, and date of the offense. The petition shall; 49.32 and 49.33 (3) state with specificity the grounds upon which the 49.34 petitioner seeks rescission of the order of revocation, 49.35 disqualification, or denial and state the facts underlying each 49.36 claim asserted. 50.1 (c) The filing of the petition shall not stay the 50.2 revocation, disqualification, or denial. The reviewing court 50.3 may order a stay of the balance of the revocation or 50.4 disqualification if the hearing has not been conducted within 60 50.5 days after filing of the petition upon terms the court deems 50.6 proper. 50.7 (d) Judicial reviews shall be conducted according to the 50.8 rules of civil procedure except that prehearing discovery is 50.9 mandatory and is limited to: 50.10 (1) the notice of revocation; 50.11 (2) the test record, or in the case of blood or urine 50.12 tests, the certificate of analysis; 50.13 (3) the peace officer's certificate and any accompanying 50.14 documentation submitted by the arresting officer to the 50.15 commissioner of public safety; and 50.16 (4) disclosure of potential witnesses, including experts, 50.17 and the basis of their testimony. 50.18 Other types of discovery are not available. 50.19 Sec. 52. Minnesota Statutes 1996, section 169.123, 50.20 subdivision 6, is amended to read: 50.21 Subd. 6. [HEARING.] (a) A hearing under this section shall 50.22 be before a district judge in any county in the judicial 50.23 district where the alleged offense occurred. The hearing shall 50.24 be to the court and may be conducted at the same time and in the 50.25 same manner as hearings upon pretrial motions in the criminal 50.26 prosecution under section 169.121, if any. The hearing shall be 50.27 recorded. The commissioner of public safety shall appear and be 50.28 represented by the attorney general or through the prosecuting 50.29 authority for the jurisdiction involved. The hearing shall be 50.30 held at the earliest practicable date, and in any event no later 50.31 than 60 days following the filing of the petition for review. 50.32 The judicial district administrator shall establish procedures 50.33 to ensure efficient compliance with this subdivision. To 50.34 accomplish this, the administrator may, whenever possible, 50.35 consolidate and transfer review hearings among the county courts 50.36 within the judicial district. 51.1 (b) The scope of the hearing shall be limited to the issues 51.2 in clauses (1) to(9)(10): 51.3 (1) Did the peace officer have probable cause to believe 51.4 the person was driving, operating, or in physical control of: 51.5 (i) a motor vehicle in violation of section 169.121; or 51.6 (ii) a commercial motor vehicle in violation of section 51.7 169.1211? 51.8 (2) Was the person lawfully placed under arrest for 51.9 violation of section 169.121 or 169.1211? 51.10 (3) Was the person involved in a motor vehicle accident or 51.11 collision resulting in property damage, personal injury, or 51.12 death? 51.13 (4) Did the person refuse to take a screening test provided 51.14 for by section 169.121, subdivision 6? 51.15 (5) If the screening test was administered, did the test 51.16 indicate: 51.17 (i) an alcohol concentration of 0.10 or more; or 51.18 (ii) an alcohol concentration of 0.04 or more, if the 51.19 person is under the age of 19 years at the time of the violation? 51.20 (6) At the time of the request for the test, did the peace 51.21 officer inform the person of the person's rights and the 51.22 consequences of taking or refusing the test as required by 51.23 subdivision 2? 51.24 (7) Did the person refuse to permit the test? 51.25 (8) If a test was taken:51.26(i)by a person driving, operating, or in physical control 51.27 of a motor vehicle, did the test results indicate at the time of 51.28 testing: 51.29 (i) an alcohol concentration of 0.10 or moreat the time of51.30testing; 51.31 (ii) an alcohol concentration of 0.04 or more, if the 51.32 person is under the age of 19 years at the time of the 51.33 violation; or 51.34 (iii) the presence of a controlled substance listed in 51.35 schedule I or II, other than marijuana or tetrahydrocannabinols;51.36or? 52.1(ii)(9) If a test was taken by a person driving, 52.2 operating, or in physical control of a commercial motor vehicle, 52.3 did the test results indicate an alcohol concentration of 0.04 52.4 or more at the time of testing? 52.5(9)(10) Was the testing method used valid and reliable and 52.6 were the test results accurately evaluated? 52.7 (c) It shall be an affirmative defense for the petitioner 52.8 to prove that, at the time of the refusal, the petitioner's 52.9 refusal to permit the test was based upon reasonable grounds. 52.10 (d) Certified or otherwise authenticated copies of 52.11 laboratory or medical personnel reports, records, documents, 52.12 licenses, and certificates shall be admissible as substantive 52.13 evidence. 52.14 (e) The court shall order that the revocation or 52.15 disqualification be either rescinded or sustained and forward 52.16 the order to the commissioner of public safety. The court shall 52.17 file its order within 14 days following the hearing. If the 52.18 revocation or disqualification is sustained, the court shall 52.19 also forward the person's driver's license or permit to the 52.20 commissioner of public safety for further action by the 52.21 commissioner of public safety if the license or permit is not 52.22 already in the commissioner's possession. 52.23 Sec. 53. Minnesota Statutes 1996, section 169.126, 52.24 subdivision 1, is amended to read: 52.25 Subdivision 1. [REQUIREMENT; FORM.] A chemical use 52.26 assessment shall be conducted and an assessment report submitted 52.27 to the court and to the department of public safety by the 52.28 county agency administering the alcohol safety program when: 52.29 (a) The defendant is convicted of an offense described in 52.30 section 169.121or, 169.1211, 169.129, or 360.0752; or 52.31 (b) The defendant is arrested for committing an offense 52.32 described in section 169.121 or 169.129 but is convicted of 52.33 another offense arising out of the circumstances surrounding the 52.34 arrest. 52.35 Sec. 54. Minnesota Statutes 1996, section 169.1261, is 52.36 amended to read: 53.1 169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 53.2 Upon expiration of a period of revocation under section 53.3 169.121 or 169.123, the commissioner of public safety shall 53.4 notify the person of the terms upon which driving privileges can 53.5 be reinstated, and new registration plates issued, which terms 53.6 are: (1) successful completion ofa driving testan examination 53.7 and proof of compliance with any terms of alcohol treatment or 53.8 counseling previously prescribed, if any; and (2) any other 53.9 requirements imposed by the commissioner and applicable to that 53.10 particular case. The commissioner shall notify the owner of a 53.11 motor vehicle subject to an impoundment order under section 53.12 168.041 as a result of the violation of the procedures for 53.13 obtaining new registration plates, if the owner is not the 53.14 violator. The commissioner shall also notify the person that if 53.15 driving is resumed without reinstatement of driving privileges 53.16 or without valid registration plates and registration 53.17 certificate, the person will be subject to criminal penalties. 53.18 Sec. 55. Minnesota Statutes 1996, section 169.129, is 53.19 amended to read: 53.20 169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 53.21 Subdivision 1. [CRIME.] It is a crime for any personis53.22guilty of a gross misdemeanor who drives, operates, or isto 53.23 drive, operate, or be in physical control of a motor vehicle, 53.24 the operation of which requires a driver's license, within this 53.25 state or upon the ice of any boundary water of this state in 53.26 violation of section 169.121 or an ordinance in conformity with 53.27 it before the person's driver's license ordriver'sdriving 53.28 privilege has been reinstated following its cancellation, 53.29 suspension, revocation, disqualification, or denial under any of 53.30 the following: 53.31 (1) section 169.121, 169.1211, or 169.123; 53.32 (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 53.33 because of an alcohol-related incident; 53.34 (3) section 609.21, subdivision 1, clauses (2) to (6); 53.35609.21,subdivision 2, clauses (2) to (6);609.21,subdivision 53.36 2a, clauses (2) to (6);609.21,subdivision 2b, clauses (2) to 54.1 (6);609.21,subdivision 3, clauses (2) to (6); or609.21,54.2 subdivision 4, clauses (2) to (6). 54.3 Subd. 2. [PENALTIES.] (a) Except as otherwise provided in 54.4 paragraph (b), a person who violates subdivision 1 is guilty of 54.5 a gross misdemeanor. 54.6 (b) A person is guilty of an enhanced gross misdemeanor and 54.7 may be sentenced to imprisonment in a local correctional 54.8 facility for not more than two years or to payment of a fine of 54.9 not more than $3,000, or both, if the person violates 54.10 subdivision 1 and the person's driver's license or driving 54.11 privilege has been suspended, revoked, canceled, denied, or 54.12 disqualified two or more times within the past ten years under 54.13 any of the statutes listed in subdivision 1. A person convicted 54.14 of an enhanced gross misdemeanor under this paragraph is subject 54.15 to the applicable mandatory penalties provided in section 54.16 169.121, subdivision 3d. 54.17 Subd. 3. [PROSECUTION.] The attorney in the jurisdiction 54.18 in which the violation of this section occurred who is 54.19 responsible for prosecution of misdemeanor violations of section 54.20 169.121 shall also be responsible for prosecution of violations 54.21 of this section. 54.22 Sec. 56. Minnesota Statutes 1996, section 171.07, is 54.23 amended by adding a subdivision to read: 54.24 Subd. 12. [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 54.25 department shall maintain in its records information transmitted 54.26 electronically from the commissioner of natural resources 54.27 identifying each person whom the commissioner has issued a 54.28 snowmobile safety certificate. 54.29 (b) After receiving information under paragraph (a) that a 54.30 person has received a snowmobile safety certificate, the 54.31 department shall include, on all drivers' licenses or Minnesota 54.32 identification cards subsequently issued to the person, a 54.33 graphic or written indication that the person has received the 54.34 certificate. 54.35 (c) If a person who has received a snowmobile safety 54.36 certificate applies for a driver's license or Minnesota 55.1 identification card before that information has been transmitted 55.2 to the department, the department may accept a copy of the 55.3 certificate as proof of its issuance and shall then follow the 55.4 procedures in paragraph (b). 55.5 Sec. 57. Minnesota Statutes 1996, section 171.12, is 55.6 amended by adding a subdivision to read: 55.7 Subd. 2a. [ALCOHOL CONCENTRATION ON DRIVING RECORD.] When 55.8 a person's driver's license or permit to drive is revoked or 55.9 suspended pursuant to section 169.123, or when a person is 55.10 convicted for violating section 169.121, 169.1211, 169.1218, 55.11 169.129, 360.0752, or 609.21, and a test of the person's breath, 55.12 urine, or blood has been made to determine the person's alcohol 55.13 concentration, the commissioner of public safety shall record 55.14 the test results on the person's driving record pertaining to 55.15 that violation. The alcohol concentration is classified as 55.16 public data on individuals, as defined in section 13.02, 55.17 subdivision 15, and must be kept for the period of time 55.18 specified in subdivision 3, clause (2). 55.19 Sec. 58. Minnesota Statutes 1996, section 171.19, is 55.20 amended to read: 55.21 171.19 [PETITION FOR LICENSE REINSTATEMENT.] 55.22 Any person whose driver's license has been refused, 55.23 revoked, suspended,orcanceled, or disqualified by the 55.24 commissioner, except where the license is revoked or 55.25 disqualified under section 169.123, may file a petition for a 55.26 hearing in the matter in the district court in the county 55.27 wherein such person shall reside and, in the case of a 55.28 nonresident, in the district court in any county, and such court 55.29 is hereby vested with jurisdiction, and it shall be its duty, to 55.30 set the matter for hearing upon 15 days' written notice to the 55.31 commissioner, and thereupon to take testimony and examine into 55.32 the facts of the case to determine whether the petitioner is 55.33 entitled to a license or is subject to revocation, suspension, 55.34 cancellation, disqualification, or refusal of license, and shall 55.35 render judgment accordingly. The petition shall be heard by the 55.36 court without a jury and may be heard in or out of term. The 56.1 commissioner may appear in person, or by agents or 56.2 representatives, and may present evidence upon the hearing by 56.3 affidavit personally, by agents, or by representatives. The 56.4 petitioner may present evidence by affidavit, except that the 56.5 petitioner must be present in person at such hearing for the 56.6 purpose of cross-examination. In the event the department shall 56.7 be sustained in these proceedings, the petitioner shall have no 56.8 further right to make further petition to any court for the 56.9 purpose of obtaining a driver's license until after the 56.10 expiration of one year after the date of such hearing. 56.11 Sec. 59. Minnesota Statutes 1996, section 171.20, 56.12 subdivision 4, is amended to read: 56.13 Subd. 4. [REINSTATEMENT FEE.] Before the license is 56.14 reinstated, a person whose driver's license has been suspended 56.15 under section 171.16, subdivision 2; 171.18, except subdivision 56.16 1, clause (10); or 171.182, or who has been disqualified from 56.17 holding a commercial driver's license under section 171.165 must 56.18 pay a$20feebefore the license is reinstatedof $25 until June 56.19 30, 1999, and $20 thereafter. When this fee is collected by a 56.20 county-operated office of deputy registrar, a $3.50 handling 56.21 charge is imposed. The handling charge must be deposited in the 56.22 treasury of the place for which the deputy registrar was 56.23 appointed and the$20reinstatement fee must be deposited in an 56.24 approved state depository as directed under section 168.33, 56.25 subdivision 2. A suspension may be rescinded without fee for 56.26 good cause. 56.27 Sec. 60. Minnesota Statutes 1996, section 171.30, is 56.28 amended by adding a subdivision to read: 56.29 Subd. 2c. [EXTENDED WAITING PERIOD.] If a person's license 56.30 or privilege has been revoked or suspended for a violation of 56.31 section 169.121 or 169.123, or a statute or ordinance from 56.32 another state in conformity with either of those sections, and 56.33 the person's alcohol concentration was 0.20 or greater at the 56.34 time of the violation, a limited license may not be issued for a 56.35 period of time equal to twice the time period specified in 56.36 subdivision 2a or 2b. 57.1 Sec. 61. Minnesota Statutes 1996, section 340A.503, 57.2 subdivision 2, is amended to read: 57.3 Subd. 2. [PURCHASING.] It is unlawful for any person: 57.4 (1) to sell, barter, furnish, or give alcoholic beverages 57.5 to a person under 21 years of age; 57.6 (2) under the age of 21 years to purchase or attempt to 57.7 purchase any alcoholic beverage unless under the supervision of 57.8 a responsible person over the age of 21 for training, education, 57.9 or research purposes. Prior notification of the licensing 57.10 authority is required unless the supervised alcohol purchase 57.11 attempt is for professional research conducted by post-secondary 57.12 educational institutions or state, county, or local health 57.13 departments; or 57.14 (3) to induce a person under the age of 21 years to 57.15 purchase or procure any alcoholic beverage, or to lend or 57.16 knowingly permit the use of the person's driver's license, 57.17 permit, Minnesota identification card, or other form of 57.18 identification by a person under the age of 21 years for the 57.19 purpose of purchasing or attempting to purchase an alcoholic 57.20 beverage. 57.21 If proven by a preponderance of the evidence, it shall be 57.22 an affirmative defense to a violation of clause (1) that the 57.23 defendant is the parent or guardian of the person under 21 years 57.24 of age and that the defendant gave or furnished the alcoholic 57.25 beverage to that person solely for consumption in the 57.26 defendant's household. 57.27 Sec. 62. Minnesota Statutes 1996, section 357.021, 57.28 subdivision 1a, is amended to read: 57.29 Subd. 1a. (a) Every person, including the state of 57.30 Minnesota and all bodies politic and corporate, who shall 57.31 transact any business in the district court, shall pay to the 57.32 court administrator of said court the sundry fees prescribed in 57.33 subdivision 2. Except as provided in paragraph (d), the court 57.34 administrator shall transmit the fees monthly to the state 57.35 treasurer for deposit in the state treasury and credit to the 57.36 general fund. 58.1 (b) In a county which has a screener-collector position, 58.2 fees paid by a county pursuant to this subdivision shall be 58.3 transmitted monthly to the county treasurer, who shall apply the 58.4 fees first to reimburse the county for the amount of the salary 58.5 paid for the screener-collector position. The balance of the 58.6 fees collected shall then be forwarded to the state treasurer 58.7 for deposit in the state treasury and credited to the general 58.8 fund. In a county in the eighth judicial district which has a 58.9 screener-collector position, the fees paid by a county shall be 58.10 transmitted monthly to the state treasurer for deposit in the 58.11 state treasury and credited to the general fund. A 58.12 screener-collector position for purposes of this paragraph is an 58.13 employee whose function is to increase the collection of fines 58.14 and to review the incomes of potential clients of the public 58.15 defender, in order to verify eligibility for that service. 58.16 (c) No fee is required under this section from the public 58.17 authority or the party the public authority represents in an 58.18 action for: 58.19 (1) child support enforcement or modification, medical 58.20 assistance enforcement, or establishment of parentage in the 58.21 district court, or child or medical support enforcement 58.22 conducted by an administrative law judge in an administrative 58.23 hearing under section 518.5511; 58.24 (2) civil commitment under chapter 253B; 58.25 (3) the appointment of a public conservator or public 58.26 guardian or any other action under chapters 252A and 525; 58.27 (4) wrongfully obtaining public assistance under section 58.28 256.98 or 256D.07, or recovery of overpayments of public 58.29 assistance; 58.30 (5) court relief under chapter 260; 58.31 (6) forfeiture of property under sections 169.1217 and 58.32 609.531 to 609.5317; 58.33 (7) recovery of amounts issued by political subdivisions or 58.34 public institutions under sections 246.52, 252.27, 256.045, 58.35 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37, and 58.36 260.251, or other sections referring to other forms of public 59.1 assistance; or 59.2 (8) restitution under section 611A.04. 59.3 (d) The fees collected for child support modifications 59.4 under subdivision 2, clause (13), must be transmitted to the 59.5 county treasurer for deposit in the county general fund. The 59.6 fees must be used by the county to pay for child support 59.7 enforcement efforts by county attorneys. 59.8 Sec. 63. Minnesota Statutes 1996, section 364.09, is 59.9 amended to read: 59.10 364.09 [EXCEPTIONS.] 59.11 (a) This chapter does not apply to the licensing process 59.12 for peace officers; to law enforcement agencies as defined in 59.13 section 626.84, subdivision 1, paragraph (h); to fire protection 59.14 agencies; to eligibility for a private detective or protective 59.15 agent license; to eligibility for a family day care license, a 59.16 family foster care license, or a home care provider license; to 59.17 eligibility for school bus driver endorsements;orto 59.18 eligibility for special transportation service endorsements; or 59.19 to eligibility for a commercial driver training instructor 59.20 license, which is governed by section 171.35 and rules adopted 59.21 under that section. This chapter also shall not apply to 59.22 eligibility for juvenile corrections employment, where the 59.23 offense involved child physical or sexual abuse or criminal 59.24 sexual conduct. 59.25 (b) This chapter does not apply to a school district or to 59.26 eligibility for a license issued or renewed by the board of 59.27 teaching or the state board of education. 59.28 (c) Nothing in this section precludes the Minnesota police 59.29 and peace officers training board or the state fire marshal from 59.30 recommending policies set forth in this chapter to the attorney 59.31 general for adoption in the attorney general's discretion to 59.32 apply to law enforcement or fire protection agencies. 59.33 (d) This chapter does not apply to a license to practice 59.34 medicine that has been denied or revoked by the board of medical 59.35 practice pursuant to section 147.091, subdivision 1a. 59.36 Sec. 64. Minnesota Statutes 1996, section 609.02, 60.1 subdivision 2, is amended to read: 60.2 Subd. 2. [FELONY.] "Felony" means a crime, other than an 60.3 enhanced gross misdemeanor, for which a sentence of imprisonment 60.4 for more than one year may be imposed. 60.5 Sec. 65. Minnesota Statutes 1996, section 609.02, is 60.6 amended by adding a subdivision to read: 60.7 Subd. 2a. [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross 60.8 misdemeanor" means a crime for which a sentence of not more than 60.9 two years imprisonment in a correctional facility or a fine of 60.10 not more than $3,000, or both, may be imposed. 60.11 Sec. 66. Minnesota Statutes 1996, section 609.105, is 60.12 amended to read: 60.13 609.105 [SENTENCE OF IMPRISONMENT.] 60.14 Subdivision 1. Except as otherwise provided in subdivision 60.15 3, a sentence to imprisonment for more than one year shall 60.16 commit the defendant to the custody of the commissioner of 60.17 corrections. 60.18 Subd. 2. The commissioner of corrections shall determine 60.19 the place of confinement in a prison, reformatory, or other 60.20 facility of the department of corrections established by law for 60.21 the confinement of convicted persons and prescribe reasonable 60.22 conditions and rules for their employment, conduct, instruction, 60.23 and discipline within or without the facility. 60.24 Subd. 3. A sentence to imprisonment for an enhanced gross 60.25 misdemeanor or for a period of one year or any lesser period 60.26 shall be to a workhouse, work farm, county jail, or other place 60.27 authorized by law. 60.28 Sec. 67. Minnesota Statutes 1996, section 609.135, 60.29 subdivision 2, is amended to read: 60.30 Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 60.31 conviction is for a felony the stay shall be for not more than 60.32 four years or the maximum period for which the sentence of 60.33 imprisonment might have been imposed, whichever is longer. 60.34 (b) If the conviction is for an enhanced gross misdemeanor 60.35 violation of section 169.121 or 169.129, the stay shall be for 60.36 not more than six years. The court shall provide for 61.1 unsupervised probation for the last year of the stay unless the 61.2 court finds that the defendant needs supervised probation for 61.3 all or part of the last year. 61.4 (c) If the conviction is for a gross misdemeanor violation 61.5 of section 169.121 or 169.129, the stay shall be for not more 61.6 than four years. The court shall provide for unsupervised 61.7 probation for the lastoneyear of the stay unless the court 61.8 finds that the defendant needs supervised probation for all or 61.9 part of the lastoneyear. 61.10(c)(d) If the conviction is for a gross misdemeanor not 61.11 specified in paragraph(b)(c), the stay shall be for not more 61.12 than two years. 61.13(d)(e) If the conviction is for any misdemeanor under 61.14 section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 61.15 for a misdemeanor under section 609.2242 or 609.224, subdivision 61.16 1, in which the victim of the crime was a family or household 61.17 member as defined in section 518B.01, the stay shall be for not 61.18 more than two years. The court shall provide for unsupervised 61.19 probation for the second year of the stay unless the court finds 61.20 that the defendant needs supervised probation for all or part of 61.21 the second year. 61.22(e)(f) If the conviction is for a misdemeanor not 61.23 specified in paragraph(d)(e), the stay shall be for not more 61.24 than one year. 61.25(f)(g) The defendant shall be discharged six months after 61.26 the term of the stay expires, unless the stay has been revoked 61.27 or extended under paragraph(g)(h), or the defendant has 61.28 already been discharged. 61.29(g)(h) Notwithstanding the maximum periods specified for 61.30 stays of sentences under paragraphs (a) to(f)(g), a court may 61.31 extend a defendant's term of probation for up to one year if it 61.32 finds, at a hearing conducted under subdivision 1a, that: 61.33 (1) the defendant has not paid court-ordered restitution or 61.34 a fine in accordance with the payment schedule or structure; and 61.35 (2) the defendant is likely to not pay the restitution or 61.36 fine the defendant owes before the term of probation expires. 62.1 This one-year extension of probation for failure to pay 62.2 restitution or a fine may be extended by the court for up to one 62.3 additional year if the court finds, at another hearing conducted 62.4 under subdivision 1a, that the defendant still has not paid the 62.5 court-ordered restitution or fine that the defendant owes. 62.6 Sec. 68. Minnesota Statutes 1996, section 609.15, 62.7 subdivision 2, is amended to read: 62.8 Subd. 2. [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 62.9 MISDEMEANOR.] If the court specifies that the sentence shall run 62.10 consecutively and all of the sentences are for misdemeanors, the 62.11 total of the sentences shall not exceed one year. If the 62.12 sentences are for a gross misdemeanor or enhanced gross 62.13 misdemeanor and one or more misdemeanors, the total of the 62.14 sentences shall not exceed two years. If all of the sentences 62.15 are for gross misdemeanors and enhanced gross misdemeanors, the 62.16 total of the sentences shall not exceed four years. 62.17 Sec. 69. Minnesota Statutes 1996, section 609.487, is 62.18 amended by adding a subdivision to read: 62.19 Subd. 2a. [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 62.20 the meaning given in section 169.01, subdivision 3, and includes 62.21 off-road recreational vehicles as defined in section 169.01, 62.22 subdivision 84, and motorboats as defined in section 169.01, 62.23 subdivision 85. 62.24 Sec. 70. Minnesota Statutes 1996, section 634.15, 62.25 subdivision 2, is amended to read: 62.26 Subd. 2. [TESTIMONY AT TRIAL.] Except in civil 62.27 proceedings, including proceedings under section 169.123, an 62.28 accused person or the accused person's attorney may request, by 62.29 notifying the prosecuting attorney at least ten days before the 62.30 trial, that the following persons testify in person at the trial 62.31 on behalf of the state: 62.32 (a) A person who performed the laboratory analysis or 62.33 examination for the report described in subdivision 1, clause 62.34 (a); or 62.35 (b) A person who prepared the blood sample report described 62.36 in subdivision 1, clause (b). 63.1 If a petitioner in a proceeding under section 169.123 63.2 subpoenas a person described in paragraph (a) or (b) to testify 63.3 at the proceeding, the petitioner is not required to pay the 63.4 person witness fees under section 357.22 in excess of $100. 63.5 Sec. 71. [PUBLIC AWARENESS CAMPAIGN.] 63.6 The commissioner of public safety shall implement a public 63.7 awareness campaign to educate the public on the vehicle 63.8 forfeiture law under Minnesota Statutes, section 169.1217, and 63.9 the administrative plate impoundment law under Minnesota 63.10 Statutes, section 168.042. 63.11 This campaign must focus on increasing the public's 63.12 understanding of these laws, specifically the offenses that the 63.13 laws cover and the time periods in which the offenses must occur 63.14 to result in impoundment or forfeiture. 63.15 The commissioner may conduct the campaign by including 63.16 information in future editions of the driver's manual and using 63.17 public service announcements, advertisements, and any other 63.18 methods deemed appropriate by the commissioner. The 63.19 commissioner shall attempt to maximize the use of innovative 63.20 methods to conduct the campaign. 63.21 Sec. 72. [REVISOR'S INSTRUCTION.] 63.22 In each section of Minnesota Statutes referred to in column 63.23 A, the revisor of statutes shall delete the reference in column 63.24 B, and insert the reference in column C. 63.25 Column A Column B Column C 63.26 84.83 84.912 169.1217 63.27 84.927 84.912 169.1217 63.28 86B.305 86B.331 169.121 63.29 86B.811 86B.331 169.121 63.30 97B.065 86B.331, subd. 4 169.121, subd. 2 63.31 97B.066 86B.335, subds. 169.123, subds. 63.32 8, 9, and 10 2b, 2c, and 3 63.33 Sec. 73. [APPROPRIATIONS.] 63.34 Subdivision 1. [PUBLIC SAFETY.] $110,000 for the fiscal 63.35 year ending June 30, 1998, and $138,000 for the fiscal year 63.36 ending June 30, 1999, is appropriated from the trunk highway 64.1 fund to the commissioner of public safety for costs associated 64.2 with this act. 64.3 Subd. 2. [ATTORNEY GENERAL.] $57,000 for the fiscal year 64.4 ending June 30, 1998 and $114,000 for the fiscal year ending 64.5 June 30, 1999 is appropriated from the general fund to the 64.6 attorney general for costs associated with this act. 64.7 Subd. 3. [PUBLIC DEFENSE.] $7,000 for the fiscal year 64.8 ending June 30, 1998 and $15,000 for the fiscal year ending June 64.9 30, 1999 is appropriated from the general fund to the board of 64.10 public defense for costs associated with this act. 64.11 Sec. 74. [REPEALER.] 64.12 Minnesota Statutes 1996, sections 84.873; 84.91, 64.13 subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 64.14 1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 64.15 3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 64.16 6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and 64.17 169.121, subdivision 3a, are repealed. 64.18 Sec. 75. [EFFECTIVE DATE.] 64.19 Section 61 is effective August 1, 1997. Sections 1 to 20, 64.20 22 to 58, 60, 62 to 72, and 74 are effective January 1, 1998, 64.21 and apply to violations occurring on or after that date. 64.22 However, violations occurring before January 1, 1998, which are 64.23 listed in Minnesota Statutes, section 169.121, subdivision 3, 64.24 paragraph (a), are considered prior impaired driving convictions 64.25 or prior license revocations for purposes of: determining 64.26 conditional release, long-term monitoring, criminal penalties, 64.27 sentencing, and administrative licensing sanctions for a person 64.28 charged for or convicted of a violation occurring on or after 64.29 January 1, 1998. 64.30 Sections 21 and 59 are effective July 1, 1997, and apply to 64.31 vehicle registrations and driver's license reinstatements, 64.32 respectively, occurring on or after that date. 64.33 Repeal of civil penalty payment and enforcement provisions 64.34 in Minnesota Statutes, sections 84.911 and 86B.335, applies only 64.35 to refusals occurring on or after January 1, 1998.