SF 1

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

  1.1                          A bill for an act
  1.2             relating to crimes; driving while impaired; creating a 
  1.3             zero-tolerance alcohol concentration standard for 
  1.4             school bus drivers; advancing criminal penalties and 
  1.5             administrative sanctions for committing a DWI crime 
  1.6             while having an alcohol concentration of 0.20 or more; 
  1.7             expanding DWI laws to include snowmobiles, all-terrain 
  1.8             vehicles, and motorboats and repealing the separate 
  1.9             DWI laws relating to those recreational vehicles; 
  1.10            authorizing the imposition of a penalty assessment of 
  1.11            up to $1,000 for persons driving motor vehicles with 
  1.12            an alcohol concentration of 0.20 or more; creating an 
  1.13            enhanced gross misdemeanor-level DWI crime and 
  1.14            restructuring criminal penalties for DWI, including 
  1.15            the provision of mandatory minimum periods of 
  1.16            incarceration and home detention for repeat DWI 
  1.17            offenders; mandating pretrial and posttrial electronic 
  1.18            alcohol monitoring for certain offenders; advancing 
  1.19            license plate impoundment and motor vehicle forfeiture 
  1.20            by one offense; providing an administrative process 
  1.21            for forfeiture and permitting it to be based on 
  1.22            license revocation; authorizing peace officers to stop 
  1.23            vehicles bearing special series license plates; 
  1.24            enhancing criminal penalties for repeat violations 
  1.25            involving commercial motor vehicles; authorizing the 
  1.26            use of preliminary breath tests results for 
  1.27            prosecuting certain driving offenses; making technical 
  1.28            changes; providing enhanced criminal penalties and 
  1.29            civil sanctions; appropriating money; amending 
  1.30            Minnesota Statutes 1996, sections 84.83, subdivision 
  1.31            5; 84.91, subdivision 1; 84.911, subdivision 7; 
  1.32            84.927, subdivision 1; 86B.331, subdivision 1; 
  1.33            86B.705, subdivision 2; 97A.065, subdivision 2; 
  1.34            97B.066, subdivision 5, and by adding subdivisions; 
  1.35            168.042, subdivisions 1, as amended, 2, 4, 9, 11, and 
  1.36            by adding a subdivision; 169.01, subdivision 75, and 
  1.37            by adding subdivisions; 169.121, subdivisions 1, 1c, 
  1.38            2, 3, 3b, 3c, 4, as amended, 6, 11, and by adding 
  1.39            subdivisions; 169.1211, subdivision 1, and by adding 
  1.40            subdivisions; 169.1217, as amended; 169.1218; 169.123, 
  1.41            subdivisions 1, 4, 5c, and 6; 169.126, subdivision 1; 
  1.42            169.1261; 169.129; 171.07, by adding a subdivision; 
  1.43            171.12, by adding a subdivision; 171.19, as amended; 
  1.44            171.20, subdivision 4; 171.30, by adding a 
  1.45            subdivision; 340A.503, subdivision 2; 364.09, as 
  1.46            amended; 609.02, subdivision 2, and by adding a 
  2.1             subdivision; 609.105; 609.135, subdivision 2, as 
  2.2             amended; 609.15, subdivision 2; 609.487, by adding a 
  2.3             subdivision; and 634.15, subdivision 2; proposing 
  2.4             coding for new law in Minnesota Statutes, chapter 168; 
  2.5             repealing Minnesota Statutes 1996, sections 84.873; 
  2.6             84.91, subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 
  2.7             84.911, subdivisions 1, 2, 3, 4, 5, and 6; 84.912; 
  2.8             84.9254; 86B.331, subdivisions 2, 3, 4, 5, 5a, 6, 7, 
  2.9             and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 
  2.10            9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; 
  2.11            and 169.121, subdivision 3a. 
  2.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.13     Section 1.  Minnesota Statutes 1996, section 84.83, 
  2.14  subdivision 5, is amended to read: 
  2.15     Subd. 5.  [FINES AND FORFEITED BAIL.] The disposition of 
  2.16  fines and forfeited bail collected from prosecutions of 
  2.17  violations of sections 84.81 to 84.91, and violations of section 
  2.18  169.121 that involve off-road recreational vehicles, as defined 
  2.19  in section 169.01, subdivision 84, are governed by section 
  2.20  97A.065. 
  2.21     Sec. 2.  Minnesota Statutes 1996, section 84.91, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
  2.24  operate or be in physical control of any snowmobile or 
  2.25  all-terrain vehicle anywhere in this state or on the ice of any 
  2.26  boundary water of this state: 
  2.27     (1) when the person is under the influence of alcohol; 
  2.28     (2) when the person is under the influence of a controlled 
  2.29  substance, as defined in section 152.01, subdivision 4; 
  2.30     (3) when the person is under the influence of a combination 
  2.31  of any two or more of the elements named in clauses (1), (2), 
  2.32  and (6); 
  2.33     (4) when the person's alcohol concentration is 0.10 or 
  2.34  more; 
  2.35     (5) when the person's alcohol concentration as measured 
  2.36  within two hours of the time of operating is 0.10 or more; or 
  2.37     (6) when the person is knowingly under the influence of any 
  2.38  chemical compound or combination of chemical compounds that is 
  2.39  listed as a hazardous substance in rules adopted under section 
  2.40  182.655 and that affects the nervous system, brain, or muscles 
  2.41  of the person so as to substantially impair the person's ability 
  3.1   to operate the snowmobile or all-terrain vehicle.  
  3.2      (b) No owner or other person having charge or control of 
  3.3   any snowmobile or all-terrain vehicle shall authorize or permit 
  3.4   any individual the person knows or has reason to believe is 
  3.5   under the influence of alcohol or a controlled substance or 
  3.6   other substance, as provided under paragraph (a), to operate the 
  3.7   snowmobile or all-terrain vehicle anywhere in this state or on 
  3.8   the ice of any boundary water of this state. 
  3.9      (c) (b) No owner or other person having charge or control 
  3.10  of any snowmobile or all-terrain vehicle shall knowingly 
  3.11  authorize or permit any person, who by reason of any physical or 
  3.12  mental disability is incapable of operating the vehicle, to 
  3.13  operate the snowmobile or all-terrain vehicle anywhere in this 
  3.14  state or on the ice of any boundary water of this state. 
  3.15     (c) A person who operates or is in physical control of a 
  3.16  snowmobile or all-terrain vehicle anywhere in this state or on 
  3.17  the ice of any boundary water of this state is subject to 
  3.18  sections 169.121 to 169.1218 and 169.123 to 169.129.  In 
  3.19  addition to the applicable sanctions under chapter 169, a person 
  3.20  who is convicted of violating section 169.121 while operating a 
  3.21  snowmobile or all-terrain vehicle, or who refuses to comply with 
  3.22  a lawful request to submit to testing under section 169.123, 
  3.23  shall be prohibited from operating the snowmobile or all-terrain 
  3.24  vehicle for a period of one year.  The commissioner shall notify 
  3.25  the convicted person of the period during which the person is 
  3.26  prohibited from operating a snowmobile or all-terrain vehicle.  
  3.27     (d) Administrative and judicial review of the operating 
  3.28  privileges prohibition is governed by section 97B.066, 
  3.29  subdivisions 7 to 9, if the person does not have a prior 
  3.30  impaired driving conviction or prior license revocation, as 
  3.31  defined in section 169.121, subdivision 3.  Otherwise, 
  3.32  administrative and judicial review of the prohibition is 
  3.33  governed by section 169.123.  
  3.34     (e) The court shall promptly forward to the commissioner 
  3.35  and the department of public safety copies of all convictions 
  3.36  and criminal and civil sanctions imposed under this section and 
  4.1   chapter 169 relating to snowmobiles and all-terrain vehicles.  
  4.2      (f) A person who violates paragraph (a) or (b), or an 
  4.3   ordinance in conformity with either of them, is guilty of a 
  4.4   misdemeanor. 
  4.5      Sec. 3.  Minnesota Statutes 1996, section 84.911, 
  4.6   subdivision 7, is amended to read: 
  4.7      Subd. 7.  [CORONER TO REPORT DEATH.] Every coroner or 
  4.8   medical examiner shall report in writing to the department of 
  4.9   natural resources the death of any person within the 
  4.10  jurisdiction of the coroner or medical examiner as the result of 
  4.11  an accident involving a an off-road recreational motor vehicle, 
  4.12  as defined in section 84.90, subdivision 1 169.01, subdivision 
  4.13  84, and the circumstances of the accident.  The report shall be 
  4.14  made within 15 days after the death. 
  4.15     In the case of drivers killed in off-road recreational 
  4.16  motor vehicle accidents and of the death of passengers 14 years 
  4.17  of age or older, who die within four hours after accident, the 
  4.18  coroner or medical examiner shall examine the body and shall 
  4.19  make tests as are necessary to determine the presence and 
  4.20  percentage concentration of alcohol, and drugs if feasible, in 
  4.21  the blood of the victim.  This information shall be included in 
  4.22  each report submitted pursuant to the provisions of this 
  4.23  subdivision and shall be tabulated by the department of natural 
  4.24  resources.  Periodically, the commissioner of natural resources 
  4.25  must transmit a summary of the reports to the commissioner of 
  4.26  public safety.  
  4.27     Sec. 4.  Minnesota Statutes 1996, section 84.927, 
  4.28  subdivision 1, is amended to read: 
  4.29     Subdivision 1.  [REGISTRATION REVENUE.] Fees from the 
  4.30  registration of all-terrain vehicles and the unrefunded gasoline 
  4.31  tax attributable to all-terrain vehicle use under section 
  4.32  296.16, as well as the net proceeds from the sale of all-terrain 
  4.33  vehicles forfeited pursuant to section 84.912 169.1217, shall be 
  4.34  deposited in the state treasury and credited to the all-terrain 
  4.35  vehicle account in the natural resources fund.  
  4.36     Sec. 5.  Minnesota Statutes 1996, section 86B.331, 
  5.1   subdivision 1, is amended to read: 
  5.2      Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
  5.3   operate or be in physical control of a motorboat in operation on 
  5.4   the waters of this state: 
  5.5      (1) when the person is under the influence of alcohol; 
  5.6      (2) when the person is under the influence of a controlled 
  5.7   substance, as defined in section 152.01, subdivision 4; 
  5.8      (3) when the person is under the influence of a combination 
  5.9   of any two or more of the elements named in clauses (1), (2), 
  5.10  and (6); 
  5.11     (4) when the person's alcohol concentration is 0.10 or 
  5.12  more; 
  5.13     (5) when the person's alcohol concentration as measured 
  5.14  within two hours of the time of operating is 0.10 or more; or 
  5.15     (6) when the person is knowingly under the influence of any 
  5.16  chemical compound or combination of chemical compounds that is 
  5.17  listed as a hazardous substance in rules adopted under section 
  5.18  182.655 and that affects the nervous system, brain, or muscles 
  5.19  of the person so as to substantially impair the person's ability 
  5.20  to operate the motorboat.  
  5.21     (b) An owner or other person having charge or control of a 
  5.22  motorboat may not authorize or allow an individual the person 
  5.23  knows or has reason to believe is under the influence of alcohol 
  5.24  or a controlled or other substance, as provided under paragraph 
  5.25  (a), to operate the motorboat in operation on the waters of this 
  5.26  state. 
  5.27     (c) (b) An owner or other person having charge or control 
  5.28  of a motorboat may not knowingly authorize or allow a person, 
  5.29  who by reason of a physical or mental disability is incapable of 
  5.30  operating the motorboat, to operate the motorboat in operation 
  5.31  on the waters of this state.  
  5.32     (c) A person who operates or is in physical control of a 
  5.33  motorboat on the waters of this state is subject to sections 
  5.34  169.121 to 169.1218 and 169.123 to 169.129.  In addition to the 
  5.35  applicable sanctions under chapter 169, a person who is 
  5.36  convicted of violating section 169.121 while operating a 
  6.1   motorboat, shall be prohibited from operating the motorboat on 
  6.2   the waters of this state for a period of 90 days between May 1 
  6.3   and October 31, extending over two consecutive years if 
  6.4   necessary.  If the person operating the motorboat refuses to 
  6.5   comply with a lawful demand to submit to testing under section 
  6.6   169.123, the person shall be prohibited from operating the 
  6.7   motorboat for a period of one year.  The commissioner shall 
  6.8   notify the convicted person of the period during which the 
  6.9   person is prohibited from operating a motorboat.  
  6.10     (d) Administrative and judicial review of the operating 
  6.11  privileges prohibition is governed by section 97B.066, 
  6.12  subdivision 7 to 9, if the person does not have a prior impaired 
  6.13  driving conviction or prior license revocation, as defined in 
  6.14  section 169.121, subdivision 3.  Otherwise, administrative and 
  6.15  judicial review of the prohibition is governed by section 
  6.16  169.123.  
  6.17     (e) The court shall promptly forward to the commissioner 
  6.18  and the department of public safety copies of all convictions 
  6.19  and criminal and civil sanctions imposed under this section and 
  6.20  chapter 169 relating to motorboats. 
  6.21     (f) A person who violates paragraph (a) or (b), or an 
  6.22  ordinance in conformity with either of them, is guilty of a 
  6.23  misdemeanor. 
  6.24     (d) (g) For purposes of this subdivision, a motorboat "in 
  6.25  operation" does not include a motorboat that is anchored, 
  6.26  beached, or securely fastened to a dock or other permanent 
  6.27  mooring, or a motorboat that is being rowed or propelled by 
  6.28  other than mechanical means. 
  6.29     Sec. 6.  Minnesota Statutes 1996, section 86B.705, 
  6.30  subdivision 2, is amended to read: 
  6.31     Subd. 2.  [FINES AND BAIL MONEY.] (a) All fines, 
  6.32  installment payments, and forfeited bail money collected from 
  6.33  persons convicted of violations of this chapter, or of a 
  6.34  violation of section 169.121 involving a motorboat, shall be 
  6.35  paid to the county treasurer of the county where the violation 
  6.36  occurred by the court administrator or other person collecting 
  7.1   the money within 15 days after the last day of the month the 
  7.2   money was collected.  
  7.3      (b) One-half of the receipts shall be credited to the 
  7.4   general revenue fund of the county.  The other one-half of the 
  7.5   receipts shall be transmitted by the county treasurer to the 
  7.6   commissioner of natural resources to be deposited in the state 
  7.7   treasury and credited to the water recreation account for the 
  7.8   purpose of boat and water safety.  
  7.9      Sec. 7.  Minnesota Statutes 1996, section 97A.065, 
  7.10  subdivision 2, is amended to read: 
  7.11     Subd. 2.  [FINES AND FORFEITED BAIL.] (a) Fines and 
  7.12  forfeited bail collected from prosecutions of violations of:  
  7.13  the game and fish laws,; sections 84.091 to 84.15, and; sections 
  7.14  84.81 to 84.88,; section 169.121, when the violation involved an 
  7.15  off-road recreational vehicle as defined in section 169.01, 
  7.16  subdivision 84; chapter 348,; and any other law relating to wild 
  7.17  animals, and or aquatic vegetation, must be paid to the 
  7.18  treasurer of the county where the violation is prosecuted.  The 
  7.19  county treasurer shall submit one-half of the receipts to the 
  7.20  commissioner and credit the balance to the county general 
  7.21  revenue fund except as provided in paragraphs (b), (c), and (d). 
  7.22     (b) The commissioner must reimburse a county, from the game 
  7.23  and fish fund, for the cost of keeping prisoners prosecuted for 
  7.24  violations under this section if the county board, by 
  7.25  resolution, directs:  (1) the county treasurer to submit all 
  7.26  fines and forfeited bail to the commissioner; and (2) the county 
  7.27  auditor to certify and submit monthly itemized statements to the 
  7.28  commissioner.  
  7.29     (c) The county treasurer shall indicate the amount of the 
  7.30  receipts that are assessments or surcharges imposed under 
  7.31  section 609.101 and shall submit all of those receipts to the 
  7.32  commissioner.  The receipts must be credited to the game and 
  7.33  fish fund to provide peace officer training for persons employed 
  7.34  by the commissioner who are licensed under section 626.84, 
  7.35  subdivision 1, clause (c), and who possess peace officer 
  7.36  authority for the purpose of enforcing game and fish laws. 
  8.1      (d) The county treasurer shall submit one-half of the 
  8.2   receipts collected under paragraph (a) from prosecutions of 
  8.3   violations of sections 84.81 to 84.91, and 169.121, including 
  8.4   receipts that are assessments or surcharges imposed under 
  8.5   section 609.101, to the commissioner and credit the balance to 
  8.6   the county general fund.  The commissioner shall credit these 
  8.7   receipts to the snowmobile trails and enforcement account in the 
  8.8   natural resources fund. 
  8.9      Sec. 8.  Minnesota Statutes 1996, section 97B.066, 
  8.10  subdivision 5, is amended to read: 
  8.11     Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
  8.12  under this section are governed by section 86B.335, subdivisions 
  8.13  8, 9, and 10 169.123, subdivisions 2b, 2c, and 3. 
  8.14     Sec. 9.  Minnesota Statutes 1996, section 97B.066, is 
  8.15  amended by adding a subdivision to read: 
  8.16     Subd. 7.  [ADMINISTRATIVE REVIEW.] (a) At any time during 
  8.17  the period of prohibition or revocation imposed under this 
  8.18  section, the person may request in writing a review of the order 
  8.19  imposing sanctions under this section.  If the person makes a 
  8.20  request for administrative review within 30 days following 
  8.21  receipt of a notice and order imposing sanctions, the request 
  8.22  shall stay imposition of the civil penalty.  Upon receiving the 
  8.23  request for review, the commissioner or the commissioner's 
  8.24  designee shall review the order, the evidence upon which the 
  8.25  order was based, and other material information brought to the 
  8.26  attention of the commissioner and determine whether sufficient 
  8.27  cause exists to sustain the order.  
  8.28     (b) Within 15 days after receiving the request, the 
  8.29  commissioner shall issue a written report ordering that the 
  8.30  prohibition, revocation, or civil penalty be either sustained or 
  8.31  rescinded.  The review provided in this subdivision is not 
  8.32  subject to the contested case provisions of the Administrative 
  8.33  Procedure Act under chapter 14.  The availability of 
  8.34  administrative review does not have an effect upon the 
  8.35  availability of judicial review under this section.  
  8.36     Sec. 10.  Minnesota Statutes 1996, section 97B.066, is 
  9.1   amended by adding a subdivision to read: 
  9.2      Subd. 8.  [JUDICIAL REVIEW.] (a) Within 30 days following 
  9.3   receipt of a notice and order imposing sanctions under this 
  9.4   section, a person may petition the court for review.  The 
  9.5   petition must be filed with the district court administrator in 
  9.6   the county where the incident occurred giving rise to the test 
  9.7   demand and refusal, together with proof of service of a copy on 
  9.8   the commissioner and the prosecuting authority for misdemeanor 
  9.9   offenses for the jurisdiction in which the incident occurred.  A 
  9.10  responsive pleading is not required of the commissioner of 
  9.11  natural resources, and court fees may not be charged for the 
  9.12  appearance of the representative of the commissioner in the 
  9.13  matter. 
  9.14     (b) The petition must be captioned in the name of the 
  9.15  person making the petition as petitioner and the commissioner as 
  9.16  respondent.  The petition must state specifically the grounds 
  9.17  upon which the petitioner seeks rescission of the order imposing 
  9.18  sanctions.  
  9.19     (c) The filing of the petition does not stay the revocation 
  9.20  or prohibition against hunting.  However, the filing of a 
  9.21  petition stays imposition of the civil penalty.  The judicial 
  9.22  review shall be conducted according to the rules of civil 
  9.23  procedure.  
  9.24     Sec. 11.  Minnesota Statutes 1996, section 97B.066, is 
  9.25  amended by adding a subdivision to read: 
  9.26     Subd. 9.  [HEARING.] (a) A hearing under this section must 
  9.27  be before a district court judge in the county where the 
  9.28  incident occurred which gave rise to the test demand and 
  9.29  refusal.  The hearing must be to the court and may be conducted 
  9.30  at the same time as hearings upon pretrial motions in the 
  9.31  criminal prosecution under section 97B.065.  The hearing must be 
  9.32  recorded.  The commissioner must be represented by the 
  9.33  prosecuting authority for misdemeanor offenses for the 
  9.34  jurisdiction in which the incident occurred which gave rise to 
  9.35  the test demand and refusal. 
  9.36     (b) The hearing must be held at the earliest practicable 
 10.1   date and in any event no later than 60 days following the filing 
 10.2   of the petition for review.  The reviewing court may order a 
 10.3   temporary stay of the balance of the prohibition or revocation 
 10.4   if the hearing has not been conducted within 60 days after 
 10.5   filing of the petition, upon the application of the petitioner 
 10.6   and upon terms the court deems proper. 
 10.7      (c) The scope of the hearing must be limited to the issues 
 10.8   of: 
 10.9      (1) whether the officer had probable cause to believe that 
 10.10  the person violated section 97B.065; 
 10.11     (2) whether one of the conditions in subdivision 1 existed; 
 10.12     (3) whether the person was informed as prescribed in 
 10.13  subdivision 3; and 
 10.14     (4) whether the person refused to submit to testing. 
 10.15     (d) It is an affirmative defense for the petitioner to 
 10.16  prove that, at the time of the refusal, the petitioner's refusal 
 10.17  to permit the test was based upon reasonable grounds. 
 10.18     (e) The court shall order that the prohibition or 
 10.19  revocation be either sustained or rescinded and shall either 
 10.20  sustain or rescind the civil penalty.  The court shall forward a 
 10.21  copy of the order to the commissioner. 
 10.22     Sec. 12.  Minnesota Statutes 1996, section 97B.066, is 
 10.23  amended by adding a subdivision to read: 
 10.24     Subd. 10.  [PAYMENT OF CIVIL PENALTY.] The civil penalty 
 10.25  imposed under subdivision 2 must be paid to the political 
 10.26  subdivision that represents the commissioner on the petition for 
 10.27  judicial review or, in the event that a petition is not filed, 
 10.28  to the political subdivision that would have represented the 
 10.29  commissioner had a petition been filed.  If a person does not 
 10.30  pay the civil penalty, the prohibition against hunting is 
 10.31  automatically extended until the political subdivision reports 
 10.32  to the commissioner in writing that the penalty has been paid. 
 10.33     Sec. 13.  Minnesota Statutes 1996, section 97B.066, is 
 10.34  amended by adding a subdivision to read: 
 10.35     Subd. 11.  [ENFORCEMENT OF CIVIL PENALTY.] (a) If a person 
 10.36  does not pay the civil penalty imposed under subdivision 2 
 11.1   within 30 days of the date it was imposed, the prosecuting 
 11.2   authority representing the commissioner may petition the 
 11.3   district court in the county where the incident occurred to file 
 11.4   the order imposing the civil penalty as an order of the court. 
 11.5      (b) Once entered, the order may be enforced in the same 
 11.6   manner as a final judgment of the court.  In addition to the 
 11.7   penalty, attorney fees, costs, and interest may be assessed 
 11.8   against any person who fails to pay the civil penalty. 
 11.9      Sec. 14.  Minnesota Statutes 1996, section 168.042, 
 11.10  subdivision 1, as amended by Laws 1997, chapter 12, article 3, 
 11.11  section 4, is amended to read: 
 11.12     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 11.13  section, the following terms have the meanings given. 
 11.14     (b) "Violator" means a person who was driving, operating, 
 11.15  or in physical control of the motor vehicle when the violation 
 11.16  occurred. 
 11.17     (c) "Violation" means: 
 11.18     (1) a violation of section 169.123 or an impaired driving 
 11.19  conviction as defined in section 169.121, subdivision 3, that 
 11.20  results in the revocation of a person's driver's license or 
 11.21  driving privileges, and also includes an alcohol-related license 
 11.22  revocation from another state; 
 11.23     (2) a violation of section 169.129; and 
 11.24     (3) a violation of section 171.24 by a person whose 
 11.25  driver's license or driving privileges have been canceled under 
 11.26  section 171.04, subdivision 1, clause (9). includes: 
 11.27     (1) a violation of section 169.121, subdivision 1, clause 
 11.28  (a), (b), (c), (d), (e), (g), or (h); 169.121, subdivision 1a; 
 11.29  or 169.123; or a conforming ordinance from this state or a 
 11.30  conforming statute or ordinance from another state; that results 
 11.31  in the revocation of a person's driver's license or driving 
 11.32  privileges: 
 11.33     (i) within five years of a prior impaired driving 
 11.34  conviction or a prior license revocation; or 
 11.35     (ii) within 15 years of two or more prior impaired driving 
 11.36  convictions, two or more prior license revocations, or a prior 
 12.1   impaired driving conviction and a prior license revocation, 
 12.2   based on separate incidents; 
 12.3      (2) a violation of section 169.121, subdivision 1, clause 
 12.4   (f), or section 169.121, subdivision 3, paragraph (c), clause 
 12.5   (4); 
 12.6      (3) a violation of section 169.129; and 
 12.7      (4) a violation of section 171.24 by a person whose 
 12.8   driver's license or driving privileges have been canceled under 
 12.9   section 171.04, subdivision 1, clause (9). 
 12.10     (d) "Prior impaired driving conviction" has the meaning 
 12.11  given it in section 169.121, subdivision 3. 
 12.12     (e) "Prior license revocation" has the meaning given it in 
 12.13  section 169.121, subdivision 3. 
 12.14     Sec. 15.  Minnesota Statutes 1996, section 168.042, 
 12.15  subdivision 2, is amended to read: 
 12.16     Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
 12.17  commissioner shall issue a registration plate impoundment order 
 12.18  when: 
 12.19     (1) a person's driver's license or driving privileges are 
 12.20  revoked for a third violation, as defined in subdivision 1, 
 12.21  paragraph (c), clause (1), within five years or a fourth or 
 12.22  subsequent violation, as defined in subdivision 1, paragraph 
 12.23  (c), clause (1), within 15 years; or 
 12.24     (2) a person's driver's license or driving privileges are 
 12.25  revoked for a violation of section 169.121, subdivision 3, 
 12.26  paragraph (c), clause (4), within five years of one previous 
 12.27  violation or within 15 years of two or more previous violations, 
 12.28  as defined in subdivision 1, paragraph (c), clause (1); or 
 12.29     (3) a person is arrested for or charged with a violation 
 12.30  described in subdivision 1, paragraph (c), clause (2) or (3) or 
 12.31  (4). 
 12.32     The order shall require the impoundment of the registration 
 12.33  plates of the self-propelled motor vehicle involved in the 
 12.34  violation and all self-propelled motor vehicles owned by, 
 12.35  registered, or leased in the name of the violator, including 
 12.36  self-propelled motor vehicles registered jointly or leased in 
 13.1   the name of the violator and another.  An impoundment order 
 13.2   shall not be issued for the registration plates of a rental 
 13.3   vehicle as defined in section 168.041, subdivision 10, or a 
 13.4   vehicle registered in another state. 
 13.5      Sec. 16.  Minnesota Statutes 1996, section 168.042, 
 13.6   subdivision 4, is amended to read: 
 13.7      Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
 13.8   IMPOUNDMENT.] On behalf of the commissioner, a peace officer 
 13.9   issuing a notice of intent to revoke and of revocation under 
 13.10  section 169.123 for a violation shall also serve a notice of 
 13.11  intent to impound and an order of impoundment if the violation 
 13.12  is the third violation, as defined in subdivision 1, paragraph 
 13.13  (c), clause (1), within five years or the fourth or subsequent 
 13.14  violation, as defined in subdivision 1, paragraph (c), clause 
 13.15  (1), within 15 years.  On behalf of the commissioner, a peace 
 13.16  officer who is arresting a person for or charging a person with 
 13.17  a violation described in subdivision 1, paragraph (c), clause 
 13.18  (2) or (3) or (4), shall also serve a notice of intent to 
 13.19  impound and an order of impoundment.  If the vehicle involved in 
 13.20  the violation is accessible to the officer at the time the 
 13.21  impoundment order is issued, the officer shall seize the 
 13.22  registration plates subject to the impoundment order.  The 
 13.23  officer shall destroy all plates seized or impounded under this 
 13.24  section.  The officer shall send to the commissioner copies of 
 13.25  the notice of intent to impound and the order of impoundment and 
 13.26  a notice that registration plates impounded and seized under 
 13.27  this section have been destroyed. 
 13.28     Sec. 17.  Minnesota Statutes 1996, section 168.042, 
 13.29  subdivision 9, is amended to read: 
 13.30     Subd. 9.  [ADMINISTRATIVE REVIEW.] At any time during the 
 13.31  effective period of an impoundment order, a person may request 
 13.32  in writing a review of the impoundment order by the 
 13.33  commissioner.  On receiving a request, the commissioner or the 
 13.34  commissioner's designee shall review the order, the evidence 
 13.35  upon which the order was based, and any other material 
 13.36  information brought to the attention of the commissioner, and 
 14.1   determine whether sufficient cause exists to sustain the order.  
 14.2   The commissioner shall report in writing the results of the 
 14.3   review within 15 days of receiving the request.  The review 
 14.4   provided in this subdivision is not subject to the contested 
 14.5   case provisions of the administrative procedure act in sections 
 14.6   14.01 to 14.69.  As a result of this review, the commissioner 
 14.7   may authorize the issuance at no cost of new registration plates 
 14.8   to the registered owner of the vehicle if the registered owner's 
 14.9   license or driving privileges were not revoked under section 
 14.10  169.123 or as a result of an impaired driving conviction as 
 14.11  defined in section 169.121, subdivision 3 the violation. 
 14.12     Review under this subdivision shall take place, if 
 14.13  possible, at the same time as any administrative review of the 
 14.14  person's license revocation under section 169.123, subdivision 
 14.15  5b. 
 14.16     Sec. 18.  Minnesota Statutes 1996, section 168.042, 
 14.17  subdivision 11, is amended to read: 
 14.18     Subd. 11.  [RESCISSION OF REVOCATION; DISMISSAL OF CHARGES 
 14.19  OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If: 
 14.20     (1) the driver's license revocation that is the basis for 
 14.21  an impoundment order is rescinded,; 
 14.22     (2) the charges for the violation have been dismissed with 
 14.23  prejudice; or 
 14.24     (3) the violator has been acquitted of the violation; 
 14.25  then the registrar of motor vehicles shall issue new 
 14.26  registration plates for the vehicle at no cost, when the 
 14.27  registrar receives an application that includes a copy of the 
 14.28  order rescinding the driver's license revocation, the order 
 14.29  dismissing the charges, or the judgment of acquittal.  If the 
 14.30  impoundment order was based on a violation described in 
 14.31  subdivision 1, paragraph (c), clause (2) or (3), and the charges 
 14.32  have been dismissed with prejudice or the violator has been 
 14.33  acquitted of the violation, the registrar of motor vehicles 
 14.34  shall issue new registration plates for the vehicle at no cost, 
 14.35  when the registrar receives an application that includes a copy 
 14.36  of the order dismissing the charges or a copy of the judgment of 
 15.1   acquittal. 
 15.2      Sec. 19.  Minnesota Statutes 1996, section 168.042, is 
 15.3   amended by adding a subdivision to read: 
 15.4      Subd. 11a.  [CHARGE FOR REINSTATEMENT OF REGISTRATION 
 15.5   PLATES IN CERTAIN SITUATIONS.] When the registrar of motor 
 15.6   vehicles reinstates a person's registration plates after 
 15.7   impoundment for reasons other than those described in 
 15.8   subdivision 11, the registrar shall charge the person $25.  
 15.9   Money raised under this subdivision must be paid into the state 
 15.10  treasury and credited to the highway user tax distribution fund. 
 15.11     Sec. 20.  [168.0422] [STOPS OF VEHICLES BEARING SPECIAL 
 15.12  SERIES PLATES.] 
 15.13     A peace officer who observes the operation of a motor 
 15.14  vehicle within this state bearing special series registration 
 15.15  plates issued under section 168.041, subdivision 6, or 168.042, 
 15.16  subdivision 12, may stop the vehicle for the purpose of 
 15.17  determining whether the driver is operating the vehicle lawfully 
 15.18  under a valid driver's license. 
 15.19     Sec. 21.  Minnesota Statutes 1996, section 169.01, 
 15.20  subdivision 75, is amended to read: 
 15.21     Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
 15.22  motor vehicle" means a motor vehicle or combination of motor 
 15.23  vehicles used to transport passengers or property if the motor 
 15.24  vehicle: 
 15.25     (1) has a gross vehicle weight of more than 26,000 pounds; 
 15.26     (2) has a towed unit with a gross vehicle weight of more 
 15.27  than 10,000 pounds and the combination of vehicles has a 
 15.28  combined gross vehicle weight of more than 26,000 pounds; 
 15.29     (3) is a bus; 
 15.30     (4) is of any size and is used in the transportation of 
 15.31  hazardous materials, except for those vehicles having a gross 
 15.32  vehicle weight of 26,000 pounds or less while carrying in bulk 
 15.33  tanks a total of not more than 200 gallons of petroleum products 
 15.34  and liquid fertilizer; or 
 15.35     (5) is outwardly equipped and identified as a school bus, 
 15.36  except for school buses defined in subdivision 6, paragraph (c). 
 16.1      (b) For purposes of sections 169.1211, 169.1215, and 
 16.2   169.123, subdivisions 2 and 4,: 
 16.3      (1) a commercial motor vehicle does not include a farm 
 16.4   truck, firefighting equipment, or recreational equipment being 
 16.5   operated by a person within the scope of section 171.02, 
 16.6   subdivision 2, paragraph (a); and 
 16.7      (2) a commercial motor vehicle includes a vehicle capable 
 16.8   of or designed to meet the standards described in paragraph (a), 
 16.9   clause (2), whether or not the towed unit is attached to the 
 16.10  truck-tractor at the time of the violation or stop. 
 16.11     Sec. 22.  Minnesota Statutes 1996, section 169.01, is 
 16.12  amended by adding a subdivision to read: 
 16.13     Subd. 84.  [OFF-ROAD RECREATIONAL VEHICLE.] "Off-road 
 16.14  recreational vehicle" means an off-highway motorcycle as defined 
 16.15  in section 84.787, subdivision 7; off-road vehicle as defined in 
 16.16  section 84.797, subdivision 7; snowmobile as defined in section 
 16.17  84.81, subdivision 3; and all-terrain vehicle as defined in 
 16.18  section 84.92, subdivision 8. 
 16.19     Sec. 23.  Minnesota Statutes 1996, section 169.01, is 
 16.20  amended by adding a subdivision to read: 
 16.21     Subd. 85.  [MOTORBOAT.] "Motorboat" means a watercraft 
 16.22  propelled in any manner by machinery, including watercraft 
 16.23  temporarily equipped with detachable motors. 
 16.24     Sec. 24.  Minnesota Statutes 1996, section 169.01, is 
 16.25  amended by adding a subdivision to read: 
 16.26     Subd. 86.  [DRUG RECOGNITION EVALUATION.] "Drug recognition 
 16.27  evaluation" means the systematic, standardized, investigative 
 16.28  procedure defined by the National Highway Traffic Safety 
 16.29  Administration that is used to determine whether a driver is 
 16.30  impaired, whether the impairment relates to drugs or a medical 
 16.31  condition and, if drug-related, the categories of drugs likely 
 16.32  to have caused the impairment. 
 16.33     Sec. 25.  Minnesota Statutes 1996, section 169.01, is 
 16.34  amended by adding a subdivision to read: 
 16.35     Subd. 87.  [DRUG RECOGNITION EXPERT.] "Drug recognition 
 16.36  expert" means a peace officer who is certified by the 
 17.1   International Association of Chiefs of Police to conduct drug 
 17.2   recognition evaluations. 
 17.3      Sec. 26.  Minnesota Statutes 1996, section 169.121, 
 17.4   subdivision 1, is amended to read: 
 17.5      Subdivision 1.  [CRIME; ACTS PROHIBITED.] It is a crime for 
 17.6   any person to drive, operate, or be in physical control of any 
 17.7   motor vehicle within this state or upon the ice of any boundary 
 17.8   water of this state under any of the following circumstances: 
 17.9      (a) when the person is under the influence of alcohol; 
 17.10     (b) when the person is under the influence of a controlled 
 17.11  substance; 
 17.12     (c) when the person is under the influence of a combination 
 17.13  of any two or more of the elements named in clauses (a), (b), 
 17.14  and (f) (g); 
 17.15     (d) when the person's alcohol concentration is 0.10 or more 
 17.16  but less than 0.20; 
 17.17     (e) when the person's alcohol concentration as measured 
 17.18  within two hours of the time of driving, operating, or being in 
 17.19  physical control of the motor vehicle is 0.10 or more but less 
 17.20  than 0.20; 
 17.21     (f) when the person's alcohol concentration at the time, or 
 17.22  as measured within two hours of the time, of driving, operating, 
 17.23  or being in physical control of the motor vehicle is 0.20 or 
 17.24  more; 
 17.25     (g) when the person is knowingly under the influence of a 
 17.26  hazardous substance that affects the nervous system, brain, or 
 17.27  muscles of the person so as to substantially impair the person's 
 17.28  ability to drive or operate the motor vehicle; or 
 17.29     (g) (h) when the person's body contains any amount of a 
 17.30  controlled substance listed in schedule I or II other than 
 17.31  marijuana or tetrahydrocannabinols. 
 17.32     Sec. 27.  Minnesota Statutes 1996, section 169.121, 
 17.33  subdivision 1c, is amended to read: 
 17.34     Subd. 1c.  [CONDITIONAL RELEASE.] (a) Unless maximum bail 
 17.35  is imposed under section 629.471, subdivision 2, a person 
 17.36  charged with a crime listed in this paragraph may be released 
 18.1   from detention only if the person agrees to abstain from alcohol 
 18.2   and submit to a program of electronic alcohol monitoring 
 18.3   involving at least daily measurements of the person's alcohol 
 18.4   concentration pending resolution of the charge.  This paragraph 
 18.5   applies only when electronic alcohol monitoring equipment is 
 18.6   available to the court and only when a person is charged with: 
 18.7      (1) a violation of subdivision 1 or 1a within five years of 
 18.8   two prior impaired driving convictions, or within ten years of 
 18.9   three or more prior impaired driving convictions; 
 18.10     (2) a second or subsequent violation of subdivision 1 or 
 18.11  1a, if the person is under the age of 19 years; 
 18.12     (3) a violation of subdivision 1 or 1a, while the person's 
 18.13  driver's license or driving privileges have been canceled under 
 18.14  section 171.04, subdivision 1, clause (9); 
 18.15     (4) a violation of subdivision 1, clause (f); or 
 18.16     (5) a violation of section 169.129. 
 18.17     If the defendant is convicted of the charged offense, the 
 18.18  court shall require partial or total reimbursement from the 
 18.19  person for the cost of the electronic alcohol monitoring, to the 
 18.20  extent the defendant is able to pay. 
 18.21     (b) Unless maximum bail is imposed under section 629.471, 
 18.22  subdivision 2, a person charged with violating subdivision 1 or 
 18.23  1a within ten years of the first of three prior impaired driving 
 18.24  convictions or within the person's lifetime after four or more 
 18.25  prior impaired driving convictions may be released from 
 18.26  detention only if the following conditions are imposed in 
 18.27  addition to the condition imposed in paragraph (a), if 
 18.28  applicable, and any other conditions of release ordered by the 
 18.29  court: 
 18.30     (1) the impoundment of the registration plates of the 
 18.31  vehicle used to commit the violation, unless already impounded; 
 18.32     (2) if the vehicle used to commit the violation was an 
 18.33  off-road recreational vehicle or a motorboat, the impoundment of 
 18.34  the off-road recreational vehicle or motorboat; 
 18.35     (3) a requirement that the alleged violator report weekly 
 18.36  to a probation agent; 
 19.1      (3) (4) a requirement that the alleged violator abstain 
 19.2   from consumption of alcohol and controlled substances and submit 
 19.3   to random, weekly alcohol tests or urine analyses at least 
 19.4   weekly; and 
 19.5      (4) (5) a requirement that, if convicted, the alleged 
 19.6   violator reimburse the court or county for the total cost of 
 19.7   these services. 
 19.8      Sec. 28.  Minnesota Statutes 1996, section 169.121, is 
 19.9   amended by adding a subdivision to read: 
 19.10     Subd. 1d.  [FIRST-TIME VIOLATORS; OFF-ROAD RECREATIONAL 
 19.11  VEHICLES AND MOTORBOATS.] A person who violates this section 
 19.12  while using an off-road recreational vehicle or motorboat and 
 19.13  who does not have a prior impaired driving conviction or prior 
 19.14  license revocation is subject only to the criminal penalty 
 19.15  provided in subdivision 3 and loss of operating privileges as 
 19.16  provided in section 84.91, subdivision 1, or 86B.331, 
 19.17  subdivision 1, whichever is applicable.  The person is not 
 19.18  subject to the provisions of subdivision 1c, 3b, 3f, 4, 5b, or 
 19.19  8, the license revocation sanctions of section 169.123, or the 
 19.20  plate impoundment provisions of section 168.042. 
 19.21     Sec. 29.  Minnesota Statutes 1996, section 169.121, 
 19.22  subdivision 2, is amended to read: 
 19.23     Subd. 2.  [EVIDENCE.] (a) Upon the trial of any prosecution 
 19.24  arising out of acts alleged to have been committed by any person 
 19.25  arrested for driving, operating, or being in physical control of 
 19.26  a motor vehicle in violation of subdivision 1, the court may 
 19.27  admit evidence of the presence or amount of alcohol, controlled 
 19.28  substances, or hazardous substances in the person's blood, 
 19.29  breath, or urine as shown by an analysis of those items. 
 19.30     (b) For the purposes of this subdivision, evidence that 
 19.31  there was at the time an alcohol concentration of 0.04 or more 
 19.32  is relevant evidence in indicating whether or not the person was 
 19.33  under the influence of alcohol. 
 19.34     (c) Evidence of the refusal to take a test is admissible 
 19.35  into evidence in a prosecution under this section or an 
 19.36  ordinance in conformity with it.  
 20.1      (d) If proven by a preponderance of the evidence, it shall 
 20.2   be an affirmative defense to a violation of subdivision 1, 
 20.3   clause (e) or (f), that the defendant consumed a sufficient 
 20.4   quantity of alcohol after the time of actual driving, operating, 
 20.5   or being in physical control of a motor vehicle and before the 
 20.6   administration of the evidentiary test to cause the defendant's 
 20.7   alcohol concentration to exceed 0.10 the level specified in the 
 20.8   applicable clause.  Evidence that the defendant consumed alcohol 
 20.9   after the time of actual driving, operating, or being in 
 20.10  physical control of a motor vehicle may not be admitted in 
 20.11  defense to any alleged violation of this section unless notice 
 20.12  is given to the prosecution prior to the omnibus or pretrial 
 20.13  hearing in the matter. 
 20.14     (e) If proven by a preponderance of the evidence, it shall 
 20.15  be an affirmative defense to a violation of subdivision 1, 
 20.16  clause (g) (h), that the defendant used the controlled substance 
 20.17  according to the terms of a prescription issued for the 
 20.18  defendant in accordance with sections 152.11 and 152.12.  
 20.19     (f) The preceding provisions do not limit the introduction 
 20.20  of any other competent evidence bearing upon the question of 
 20.21  whether the person violated this section, including tests 
 20.22  obtained more than two hours after the alleged violation and 
 20.23  results obtained from partial tests on an infrared 
 20.24  breath-testing instrument.  A result from a partial test is the 
 20.25  measurement obtained by analyzing one adequate breath sample, as 
 20.26  defined in section 169.123, subdivision 2b, paragraph (b). 
 20.27     Sec. 30.  Minnesota Statutes 1996, section 169.121, 
 20.28  subdivision 3, is amended to read: 
 20.29     Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
 20.30  subdivision section:  
 20.31     (1) "Prior impaired driving conviction" means a prior 
 20.32  conviction under: 
 20.33     (i) this section; Minnesota Statutes 1996, section 84.91, 
 20.34  subdivision 1, paragraph (a);, or 86B.331, subdivision 1, 
 20.35  paragraph (a); section 169.1211; section 169.129; or section 
 20.36  360.0752; 
 21.1      (ii) section 609.21, subdivision 1, clauses (2) to (6); 
 21.2   609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
 21.3   2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
 21.4   (6); 609.21, subdivision 3, clauses (2) to (6); 609.21, or 
 21.5   subdivision 4, clauses (2) to (6); or 
 21.6      (iii) an ordinance from this state, or a statute or 
 21.7   ordinance from another state, in conformity with any of 
 21.8   them provision listed in item (i) or (ii). 
 21.9      A prior impaired driving conviction also includes a prior 
 21.10  juvenile adjudication that would have been a prior impaired 
 21.11  driving conviction if committed by an adult; and. 
 21.12     (2) "Prior license revocation" means a driver's license 
 21.13  suspension, revocation, or cancellation, denial, or 
 21.14  disqualification under: 
 21.15     (i) this section; or section 169.1211, 169.123;, 
 21.16  171.04;, 171.14;, 171.16;, 171.165, 171.17;, or 171.18 
 21.17  because of an alcohol-related incident; 
 21.18     (ii) section 609.21, subdivision 1, clauses (2) to 
 21.19  (6); 609.21, subdivision 2, clauses (2) to (6); 609.21, 
 21.20  subdivision 2a, clauses (2) to (6); 609.21, subdivision 2b, 
 21.21  clauses (2) to (6); 609.21, subdivision 3, clauses (2) to (6); 
 21.22  or 609.21, subdivision 4, clauses (2) to (6); or 
 21.23     (iii) an ordinance from this state, or a statute or 
 21.24  ordinance from another state, in conformity with any of them 
 21.25  provision listed in item (i) or (ii). 
 21.26     "Prior license revocation" also means the revocation of 
 21.27  snowmobile or all-terrain vehicle operating privileges under 
 21.28  section 84.911, or motorboat operating privileges under section 
 21.29  86B.335, for violations that occurred on or after August 1, 1995.
 21.30     (b) A person who violates subdivision 1, clause (a), (b), 
 21.31  (c), (d), (e), (g), or (h), or subdivision 1a, or an ordinance 
 21.32  in conformity with either any of them, is guilty of a 
 21.33  misdemeanor. 
 21.34     (c) A person is guilty of a gross misdemeanor under any of 
 21.35  the following circumstances: 
 21.36     (1) the person violates subdivision 1, clause (f); 
 22.1      (2) the person violates subdivision 1, clause (a), (b), 
 22.2   (c), (d), (e), (g), or (h), or subdivision 1a, within five years 
 22.3   of a prior impaired driving conviction, or within ten years of 
 22.4   the first of two or more prior impaired driving convictions; 
 22.5      (2) the person violates subdivision 1a within five years of 
 22.6   or a prior license revocation, or within ten years of the first 
 22.7   of two or more prior license revocations; 
 22.8      (3) the person violates section 169.26 while in violation 
 22.9   of subdivision 1; or 
 22.10     (4) the person violates subdivision 1 or 1a while a child 
 22.11  under the age of 16 is in the vehicle, if the child is more than 
 22.12  36 months younger than the violator. 
 22.13     A person convicted of a gross misdemeanor under this 
 22.14  paragraph is subject to the mandatory penalties provided in 
 22.15  subdivision 3d. 
 22.16     (d) A person is guilty of an enhanced gross misdemeanor 
 22.17  under any of the following circumstances: 
 22.18     (1) the person violates subdivision 1, clause (f), or 
 22.19  commits a violation described in paragraph (c), clause (3) or 
 22.20  (4), within ten years of one or more prior impaired driving 
 22.21  convictions or prior license revocations; 
 22.22     (2) the person violates subdivision 1, clause (a), (b), 
 22.23  (c), (d), (e), (g), or (h), or subdivision 1a, within ten years 
 22.24  of the first of two or more prior impaired driving convictions, 
 22.25  two or more prior license revocations, or any combination of two 
 22.26  or more prior impaired driving convictions and prior license 
 22.27  revocations, based on separate incidents. 
 22.28     A person convicted of an enhanced gross misdemeanor under 
 22.29  this paragraph may be sentenced to imprisonment in a local 
 22.30  correctional facility for not more than two years or to payment 
 22.31  of a fine of not more than $3,000, or both.  Additionally, the 
 22.32  person is subject to the applicable mandatory penalties provided 
 22.33  in subdivision 3e. 
 22.34     (e) The court shall notify a person convicted of violating 
 22.35  subdivision 1 or 1a that the registration plates of the person's 
 22.36  motor vehicle may be impounded under section 168.042 and the 
 23.1   vehicle may be subject to forfeiture under section 169.1217 upon 
 23.2   a subsequent conviction for violating this section, section 
 23.3   169.129, or section 171.24, or a subsequent license revocation 
 23.4   under section 169.123.  The notice must describe the conduct and 
 23.5   the time periods within which the conduct must occur in order to 
 23.6   result in plate impoundment or forfeiture.  The failure of the 
 23.7   court to provide this information does not affect the 
 23.8   applicability of the plate impoundment or the forfeiture 
 23.9   provision to that person. 
 23.10     (d) (f) The attorney in the jurisdiction in which the 
 23.11  violation occurred who is responsible for prosecution of 
 23.12  misdemeanor violations of this section shall also be responsible 
 23.13  for prosecution of gross misdemeanor and enhanced gross 
 23.14  misdemeanor violations of this section. 
 23.15     (e) (g) The court must impose consecutive sentences when it 
 23.16  sentences a person for a violation of this section or section 
 23.17  169.129 arising out of separate behavioral incidents.  The court 
 23.18  also must impose a consecutive sentence when it sentences a 
 23.19  person for a violation of this section or section 169.129 and 
 23.20  the person, at the time of sentencing, is on probation for, or 
 23.21  serving, an executed sentence for a violation of this section or 
 23.22  section 169.129 and the prior sentence involved a separate 
 23.23  behavioral incident.  The court also may order that the sentence 
 23.24  imposed for a violation of this section or section 169.129 shall 
 23.25  run consecutively to a previously imposed misdemeanor, gross 
 23.26  misdemeanor or felony sentence for a violation other than this 
 23.27  section or section 169.129.  
 23.28     (h) When the court stays the sentence of a person convicted 
 23.29  under this section, the length of the stay is governed by 
 23.30  section 609.135, subdivision 2. 
 23.31     (f) (i) The court may impose consecutive sentences for 
 23.32  offenses arising out of a single course of conduct as permitted 
 23.33  in section 609.035, subdivision 2.  
 23.34     (g) (j) When an attorney responsible for prosecuting gross 
 23.35  misdemeanors or enhanced gross misdemeanors under this section 
 23.36  requests criminal history information relating to prior impaired 
 24.1   driving convictions from a court, the court must furnish the 
 24.2   information without charge. 
 24.3      (h) (k) A violation of subdivision 1a may be prosecuted 
 24.4   either in the jurisdiction where the arresting officer observed 
 24.5   the defendant driving, operating, or in control of the motor 
 24.6   vehicle or in the jurisdiction where the refusal occurred. 
 24.7      Sec. 31.  Minnesota Statutes 1996, section 169.121, 
 24.8   subdivision 3b, is amended to read: 
 24.9      Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.] 
 24.10  The court must order a person to submit to the level of care 
 24.11  recommended in the chemical use assessment if a the person has 
 24.12  been convicted under of violating: 
 24.13     (1) subdivision 1, subdivision 1a, clause (f); or 
 24.14     (2) subdivision 1, clause (a), (b), (c), (d), (e), (g), or 
 24.15  (h), subdivision 1a, section 169.129, an ordinance in conformity 
 24.16  with any of them, or a statute or ordinance from another state 
 24.17  in conformity with any of them, and if the person is then 
 24.18  convicted of violating subdivision 1, subdivision 1a, section 
 24.19  169.129, or an ordinance in conformity with any of them (1) once:
 24.20     (i) within five years of the first a prior impaired driving 
 24.21  conviction or (2) two or more times a prior license revocation; 
 24.22  or 
 24.23     (ii) within ten years after the first conviction, the court 
 24.24  must order the person to submit to the level of care recommended 
 24.25  in the chemical use assessment required under section 169.126 of 
 24.26  two or more prior impaired driving convictions, two or more 
 24.27  prior license revocations, or a prior impaired driving 
 24.28  conviction and a prior license revocation, based on separate 
 24.29  incidents.  
 24.30     Sec. 32.  Minnesota Statutes 1996, section 169.121, 
 24.31  subdivision 3c, is amended to read: 
 24.32     Subd. 3c.  [NOTICE OF ENHANCED PENALTIES.] When a court 
 24.33  sentences a person for a misdemeanor or gross misdemeanor 
 24.34  violation of this section, it shall inform the defendant of the 
 24.35  statutory provisions that provide for enhancement of criminal 
 24.36  penalties for repeat violators.  The failure of a court to 
 25.1   provide this information to a defendant does not affect the 
 25.2   future applicability of these enhanced penalties to that 
 25.3   defendant. 
 25.4      Sec. 33.  Minnesota Statutes 1996, section 169.121, is 
 25.5   amended by adding a subdivision to read: 
 25.6      Subd. 3d.  [GROSS MISDEMEANORS; MANDATORY PENALTIES.] (a) 
 25.7   The mandatory penalties in this subdivision apply to persons 
 25.8   convicted of a gross misdemeanor under subdivision 3, paragraph 
 25.9   (c), or section 169.129. 
 25.10     (b) A person who is convicted of a gross misdemeanor under 
 25.11  subdivision 3, paragraph (c), or is convicted of a gross 
 25.12  misdemeanor violation of section 169.129 within five years of a 
 25.13  prior impaired driving conviction or prior license revocation, 
 25.14  must be sentenced to a minimum of 30 days imprisonment, at least 
 25.15  48 hours of which must be served consecutively, or to eight 
 25.16  hours of community work service for each day less than 30 days 
 25.17  that the person is ordered to serve in jail.  Notwithstanding 
 25.18  section 609.135, the above sentence must be executed, unless the 
 25.19  court departs from the mandatory minimum sentence under 
 25.20  paragraph (c) or (d). 
 25.21     (c) Prior to sentencing, the prosecutor may file a motion 
 25.22  to have the defendant sentenced without regard to the mandatory 
 25.23  minimum sentence established by this subdivision.  The motion 
 25.24  must be accompanied by a statement on the record of the reasons 
 25.25  for it.  When presented with the prosecutor's motion and if it 
 25.26  finds that substantial mitigating factors exist, the court shall 
 25.27  sentence the defendant without regard to the mandatory minimum 
 25.28  sentence established by this subdivision.  
 25.29     (d) The court may, on its own motion, sentence the 
 25.30  defendant without regard to the mandatory minimum sentence 
 25.31  established by this subdivision if it finds that substantial 
 25.32  mitigating factors exist and if its sentencing departure is 
 25.33  accompanied by a statement on the record of the reasons for it.  
 25.34  The court also may sentence the defendant without regard to the 
 25.35  mandatory minimum sentence established by this subdivision if 
 25.36  the defendant is sentenced to probation and ordered to 
 26.1   participate in a program established under section 169.1265. 
 26.2      (e) When any portion of the sentence required by this 
 26.3   subdivision is not executed, the court should impose a sentence 
 26.4   that is proportional to the extent of the offender's prior 
 26.5   criminal and moving traffic violation record.  Any sentence 
 26.6   required under this subdivision must include a mandatory 
 26.7   sentence that is not subject to suspension or a stay of 
 26.8   imposition or execution, and that includes incarceration for not 
 26.9   less than 48 consecutive hours or at least 80 hours of community 
 26.10  work service. 
 26.11     Sec. 34.  Minnesota Statutes 1996, section 169.121, is 
 26.12  amended by adding a subdivision to read: 
 26.13     Subd. 3e.  [ENHANCED GROSS MISDEMEANORS; MANDATORY 
 26.14  PENALTIES.] (a) The mandatory penalties in this subdivision 
 26.15  apply to persons who are convicted of an enhanced gross 
 26.16  misdemeanor under subdivision 3, paragraph (d), or section 
 26.17  169.129.  Notwithstanding section 609.135, these penalties must 
 26.18  be imposed and executed. 
 26.19     (b) A person who is convicted of an enhanced gross 
 26.20  misdemeanor under the circumstances described in subdivision 3, 
 26.21  paragraph (d), clause (1), shall be sentenced as follows: 
 26.22     (1) if the person has one prior impaired driving conviction 
 26.23  within the past ten years, the person must be sentenced to a 
 26.24  minimum of 90 days of incarceration, at least 30 days of which 
 26.25  must be served consecutively in a local correctional facility.  
 26.26  The court may order that the person serve not more than 60 days 
 26.27  of this minimum penalty on home detention or in an intensive 
 26.28  probation program described in section 169.1265; 
 26.29     (2) if the person has two prior impaired driving 
 26.30  convictions within the past ten years, the person must be 
 26.31  sentenced to a minimum of 180 days of incarceration, at least 30 
 26.32  days of which must be served consecutively in a local 
 26.33  correctional facility.  The court may order that the person 
 26.34  serve not more than 150 days of this minimum penalty on home 
 26.35  detention or in an intensive probation program described in 
 26.36  section 169.1265; or 
 27.1      (3) if the person has three prior impaired driving 
 27.2   convictions within the past 15 years, or four or more prior 
 27.3   impaired driving convictions within the person's lifetime, the 
 27.4   person must be sentenced to a minimum of one year of 
 27.5   incarceration, at least 60 days of which must be served 
 27.6   consecutively in a local correctional facility.  The court may 
 27.7   order that the person serve the remainder of this minimum 
 27.8   penalty on intensive probation using an electronic monitoring 
 27.9   system or, if such a system is unavailable, on home detention. 
 27.10     (c) A person who is convicted of an enhanced gross 
 27.11  misdemeanor under the circumstances described in subdivision 3, 
 27.12  paragraph (d), clause (2) or (3), or under section 169.129, 
 27.13  shall be sentenced as follows: 
 27.14     (1) if the person has two prior impaired driving 
 27.15  convictions, two prior license revocations, or a combination of 
 27.16  the two, within the past ten years, the person must be sentenced 
 27.17  to a minimum of 90 days incarceration, at least 30 days of which 
 27.18  must be served consecutively in a local correctional facility.  
 27.19  The court may order that the person serve not more than 60 days 
 27.20  of this minimum penalty on home detention or in an intensive 
 27.21  probation program described in section 169.1265; 
 27.22     (2) if the person has three prior impaired driving 
 27.23  convictions, three prior license revocations, or a combination 
 27.24  of the two, within the past ten years, the person must be 
 27.25  sentenced to a minimum of 180 days of incarceration, at least 30 
 27.26  days of which must be served consecutively in a local 
 27.27  correctional facility.  The court may order that the person 
 27.28  serve not more than 150 days of this minimum penalty on home 
 27.29  detention or in an intensive probation program described in 
 27.30  section 169.1265; or 
 27.31     (3) if the person has:  (i) four prior impaired driving 
 27.32  convictions, four prior license revocations, or a combination of 
 27.33  the two, within the past 15 years; or (ii) five or more prior 
 27.34  impaired driving convictions, five or more prior license 
 27.35  revocations, or a combination of the two, within the person's 
 27.36  lifetime; then the person must be sentenced to a minimum of one 
 28.1   year of incarceration, at least 60 days of which must be served 
 28.2   consecutively in a local correctional facility.  The court may 
 28.3   order that the person serve the remainder of this minimum 
 28.4   penalty on intensive probation using an electronic monitoring 
 28.5   system or, if such a system is unavailable, on home detention. 
 28.6      Sec. 35.  Minnesota Statutes 1996, section 169.121, is 
 28.7   amended by adding a subdivision to read: 
 28.8      Subd. 3f.  [LONG-TERM MONITORING.] (a) This subdivision 
 28.9   applies to a person convicted of: 
 28.10     (1) a violation of subdivision 1 or 1a within five years of 
 28.11  two prior impaired driving convictions, or within ten years of 
 28.12  three or more prior impaired driving convictions; 
 28.13     (2) a second or subsequent violation of subdivision 1 or 
 28.14  1a, if the person is under the age of 19 years; 
 28.15     (3) a violation of subdivision 1 or 1a, while the person's 
 28.16  driver's license or driving privileges have been canceled under 
 28.17  section 171.04, subdivision 1, clause (9); or 
 28.18     (4) a violation of section 169.129. 
 28.19     (b) When the court sentences a person described in 
 28.20  paragraph (a) to a stayed sentence and when electronic 
 28.21  monitoring equipment is available to the court, the court shall 
 28.22  require that the person participate in a program of electronic 
 28.23  alcohol monitoring in addition to any other conditions of 
 28.24  probation or jail time it imposes.  During the first one-third 
 28.25  of the person's probationary term, the electronic alcohol 
 28.26  monitoring must be continuous and involve measurements of the 
 28.27  person's alcohol at least three times a day.  During the 
 28.28  remainder of the person's probationary term, the electronic 
 28.29  alcohol monitoring may be intermittent, as determined by the 
 28.30  court.  The court shall require partial or total reimbursement 
 28.31  from the person for the cost of the electronic alcohol 
 28.32  monitoring, to the extent the person is able to pay. 
 28.33     Sec. 36.  Minnesota Statutes 1996, section 169.121, 
 28.34  subdivision 4, as amended by Laws 1997, chapter 12, article 3, 
 28.35  section 5, is amended to read: 
 28.36     Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
 29.1   of public safety shall revoke the driver's license of a person 
 29.2   convicted of violating this section or an ordinance in 
 29.3   conformity with it as follows:  
 29.4      (1) for an offense under subdivision 1:  not less than 30 
 29.5   days; 
 29.6      (2) for an offense under subdivision 1a:  not less than 90 
 29.7   days; 
 29.8      (3) for an offense occurring within five years after a 
 29.9   prior impaired driving conviction or a prior license revocation, 
 29.10  or any time after two or more prior impaired driving convictions 
 29.11  or prior license revocations:  (i) if the current conviction is 
 29.12  for a violation of subdivision 1, not less than 180 days and 
 29.13  until the court has certified that treatment or rehabilitation 
 29.14  has been successfully completed where prescribed in accordance 
 29.15  with section 169.126; or (ii) if the current conviction is for a 
 29.16  violation of subdivision 1a, not less than one year and until 
 29.17  the court has certified that treatment or rehabilitation has 
 29.18  been successfully completed where prescribed in accordance with 
 29.19  section 169.126; 
 29.20     (4) for an offense occurring within five years after the 
 29.21  first of two prior impaired driving convictions or prior license 
 29.22  revocations:  not less than one year, together with denial under 
 29.23  section 171.04, subdivision 1, clause (9), until rehabilitation 
 29.24  is established in accordance with standards established by the 
 29.25  commissioner; 
 29.26     (5) for an offense occurring any time after three or more 
 29.27  prior impaired driving convictions or prior license 
 29.28  revocations:  not less than two years, together with denial 
 29.29  under section 171.04, subdivision 1, clause (9), until 
 29.30  rehabilitation is established in accordance with standards 
 29.31  established by the commissioner.  
 29.32     (b) If the person convicted of violating this section is 
 29.33  under the age of 21 years, the commissioner of public safety 
 29.34  shall revoke the offender's driver's license or operating 
 29.35  privileges for a period of six months or for the appropriate 
 29.36  period of time under paragraph (a), clauses (1) to (5), for the 
 30.1   offense committed, whichever is the greatest period.  
 30.2      (c) For purposes of this subdivision, a juvenile 
 30.3   adjudication under this section, section 169.129, an ordinance 
 30.4   in conformity with either of them, or a statute or ordinance 
 30.5   from another state in conformity with either of them is an 
 30.6   offense.  
 30.7      (d) Whenever department records show that the violation 
 30.8   involved personal injury or death to any person, not less than 
 30.9   90 additional days shall be added to the base periods provided 
 30.10  above.  
 30.11     (e) If the person is convicted of violating subdivision 1, 
 30.12  paragraph (f), the commissioner of public safety shall revoke 
 30.13  the person's driver's license for twice the period of time 
 30.14  otherwise provided for in this subdivision.  
 30.15     (f) Except for a person whose license has been revoked 
 30.16  under paragraph (b), and except for a person who commits a 
 30.17  violation described in subdivision 3, paragraph (c), clause (4), 
 30.18  (child endangerment), any person whose license has been revoked 
 30.19  pursuant to section 169.123 as the result of the same incident, 
 30.20  and who does not have a prior impaired driving conviction or 
 30.21  prior license revocation within the previous ten years, is 
 30.22  subject to the mandatory revocation provisions of paragraph (a), 
 30.23  clause (1) or (2), in lieu of the mandatory revocation 
 30.24  provisions of section 169.123. 
 30.25     (f) As used in this subdivision, the terms "prior impaired 
 30.26  driving conviction" and "prior license revocation" have the 
 30.27  meanings given in subdivision 3, paragraph (a). 
 30.28     Sec. 37.  Minnesota Statutes 1996, section 169.121, is 
 30.29  amended by adding a subdivision to read: 
 30.30     Subd. 5b.  [PENALTY ASSESSMENT.] When a court sentences a 
 30.31  person convicted of violating subdivision 1, clause (f), the 
 30.32  court may impose a penalty assessment of up to $1,000.  The 
 30.33  court may impose this assessment in addition to any other 
 30.34  penalties or charges authorized under this section.  Money 
 30.35  collected under this subdivision must be distributed as follows: 
 30.36     (1) if the arresting officer is an employee of a political 
 31.1   subdivision, the assessment must be forwarded to the treasury of 
 31.2   the political subdivision for use in enforcement, training, and 
 31.3   education activities related to driving while impaired; or 
 31.4      (2) if the arresting officer is an employee of the state, 
 31.5   the assessment must be forwarded to the state treasury and 
 31.6   credited to the general fund. 
 31.7      Sec. 38.  Minnesota Statutes 1996, section 169.121, 
 31.8   subdivision 6, is amended to read: 
 31.9      Subd. 6.  [PRELIMINARY SCREENING TEST.] (a) When a peace 
 31.10  officer has reason to believe from the manner in which a person 
 31.11  is driving, operating, controlling, or acting upon departure 
 31.12  from a motor vehicle, or has driven, operated, or controlled a 
 31.13  motor vehicle, that the driver may be violating or has violated 
 31.14  subdivision 1 or section 169.1211, the officer may require the 
 31.15  driver to provide a sample of the driver's breath for a 
 31.16  preliminary screening test using a device approved by the 
 31.17  commissioner of public safety for this purpose. 
 31.18     (b) The results of this preliminary screening test shall be 
 31.19  used for the purpose of deciding whether an arrest should be 
 31.20  made and whether to require the tests authorized in section 
 31.21  169.123, but shall not be used in any court action except the 
 31.22  following: 
 31.23     (1) to prove that a test was properly required of a person 
 31.24  pursuant to section 169.123, subdivision 2; 
 31.25     (2) in a civil action arising out of the operation or use 
 31.26  of the motor vehicle; 
 31.27     (3) in an action for license reinstatement under section 
 31.28  171.19; or 
 31.29     (4) in a prosecution or juvenile court proceeding 
 31.30  concerning a violation of section 169.1218 or 340A.503, 
 31.31  subdivision 1, paragraph (a), clause (2); 
 31.32     (5) in a prosecution under section 169.1211, subdivision 1, 
 31.33  paragraph (b), or 171.30; or 
 31.34     (6) in a prosecution for a violation of a restriction on a 
 31.35  driver's license under section 171.09, which provides that the 
 31.36  license holder may not use or consume any amount of alcohol or a 
 32.1   controlled substance. 
 32.2      (c) Following the screening test additional tests may be 
 32.3   required of the driver pursuant to the provisions of section 
 32.4   169.123. 
 32.5      (d) The driver who refuses to furnish a sample of the 
 32.6   driver's breath is subject to the provisions of section 169.123 
 32.7   unless, in compliance with section 169.123, the driver submits 
 32.8   to a blood, breath or urine test to determine the presence or 
 32.9   amount of alcohol, controlled substances, or hazardous 
 32.10  substances.  
 32.11     Sec. 39.  Minnesota Statutes 1996, section 169.121, 
 32.12  subdivision 11, is amended to read: 
 32.13     Subd. 11.  [APPLICABILITY TO RECREATIONAL VEHICLES.] For 
 32.14  purposes of this section and section 169.123, "motor vehicle" 
 32.15  does not include a snowmobile as defined in section 84.81, or an 
 32.16  all-terrain vehicle as defined in section 84.92.  This 
 32.17  subdivision does not prevent the commissioner of public safety 
 32.18  from recording on driving records violations involving 
 32.19  snowmobiles and all-terrain vehicles. includes motorboats in 
 32.20  operation and off-road recreational vehicles.  A "motorboat in 
 32.21  operation" does not include a motorboat that is anchored, 
 32.22  beached, or securely fastened to a dock or other permanent 
 32.23  mooring, or a motorboat that is being rowed or propelled by 
 32.24  other than mechanical means. 
 32.25     Sec. 40.  Minnesota Statutes 1996, section 169.1211, 
 32.26  subdivision 1, is amended to read: 
 32.27     Subdivision 1.  [CRIME CRIMES.] (a) It is a misdemeanor 
 32.28  crime for any person to drive, operate, or be in physical 
 32.29  control of any commercial motor vehicle within this state or 
 32.30  upon the ice of any boundary water of this state: 
 32.31     (1) when the person's alcohol concentration is 0.04 or more 
 32.32  but less than 0.20; or 
 32.33     (2) when the person's alcohol concentration as measured 
 32.34  within two hours of the time of driving, operating, or being in 
 32.35  physical control of the commercial motor vehicle is 0.04 or more 
 32.36  but less than 0.20; or 
 33.1      (3) when the person's alcohol concentration at the time, or 
 33.2   as measured within two hours of the time, of driving, operating, 
 33.3   or being in physical control of the commercial motor vehicle is 
 33.4   0.20 or more.  
 33.5      (b) It is a crime for any person to drive, operate, or be 
 33.6   in physical control of any class of school bus or Head Start bus 
 33.7   within this state or upon the ice of any boundary water of this 
 33.8   state when there is physical evidence present in the person's 
 33.9   body of the consumption of any alcohol. 
 33.10     Sec. 41.  Minnesota Statutes 1996, section 169.1211, is 
 33.11  amended by adding a subdivision to read: 
 33.12     Subd. 3a.  [CRIMINAL PENALTY.] (a) A person who violates 
 33.13  subdivision 1, paragraph (a), clause (1) or (2), or paragraph 
 33.14  (b), or an ordinance in conformity with any of them, is guilty 
 33.15  of a misdemeanor. 
 33.16     (b) A person is guilty of a gross misdemeanor under any of 
 33.17  the following circumstances: 
 33.18     (1) the person violates subdivision 1, paragraph (a), 
 33.19  clause (3); 
 33.20     (2) the person violates subdivision 1, paragraph (a), 
 33.21  clause (1) or (2), or paragraph (b), within five years of a 
 33.22  prior impaired driving conviction or a prior license revocation, 
 33.23  or within ten years of the first of two or more prior impaired 
 33.24  driving convictions, two or more prior license revocations, or a 
 33.25  combination of a prior impaired driving conviction and a prior 
 33.26  license revocation, based on separate incidents; 
 33.27     (3) the person violates section 169.26 while in violation 
 33.28  of subdivision 1; or 
 33.29     (4) the person violates subdivision 1 while a child under 
 33.30  the age of 16 is in the vehicle, if the child is more than 36 
 33.31  months younger than the violator. 
 33.32     Sec. 42.  Minnesota Statutes 1996, section 169.1211, is 
 33.33  amended by adding a subdivision to read: 
 33.34     Subd. 5.  [DEFINITIONS.] As used in this section, the terms 
 33.35  "prior impaired driving conviction" and "prior license 
 33.36  revocation" have the meanings given them in section 169.121, 
 34.1   subdivision 3. 
 34.2      Sec. 43.  Minnesota Statutes 1996, section 169.1217, as 
 34.3   amended by Laws 1997, chapter 12, article 3, section 6, is 
 34.4   amended to read: 
 34.5      169.1217 [VEHICLE FORFEITURE FOR COMMISSION OF DESIGNATED 
 34.6   OFFENSES AND LICENSE REVOCATIONS.] 
 34.7      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 34.8   following terms have the meanings given them: 
 34.9      (a) "Appropriate agency" means a law enforcement agency 
 34.10  that has the authority to make an arrest for a violation of a 
 34.11  designated offense or to require a test under section 169.123. 
 34.12     (b) "Designated license revocation" includes a license 
 34.13  revocation under section 169.123: 
 34.14     (1) within five years of two prior impaired driving 
 34.15  convictions, two prior license revocations, or a prior impaired 
 34.16  driving conviction and a prior license revocation, based on 
 34.17  separate incidents; or 
 34.18     (2) within 15 years of the first of three or more prior 
 34.19  impaired driving convictions, three or more prior license 
 34.20  revocations, or any combination of three or more prior impaired 
 34.21  driving convictions and prior license revocations, based on 
 34.22  separate incidents.  
 34.23     (c) "Designated offense" includes: 
 34.24     (1) a violation of section 169.121, subdivision 1, clause 
 34.25  (a), (b), (c), (d), (e), (g), or (h), subdivision 1a, an 
 34.26  ordinance in conformity with it any of them, or section 169.129: 
 34.27     (1) (i) within five years of three two prior impaired 
 34.28  driving convictions or three, or two prior license revocations, 
 34.29  or a prior impaired driving conviction and a prior license 
 34.30  revocation, based on separate incidents; or 
 34.31     (2) (ii) within 15 years of the first of four three or more 
 34.32  prior impaired driving convictions or the first of four, three 
 34.33  or more prior license revocations, or any combination of three 
 34.34  or more impaired driving convictions and prior license 
 34.35  revocations, based on separate incidents; 
 34.36     (2) a violation of section 169.121, subdivision 1, clause 
 35.1   (f), or a violation of section 169.121, subdivision 3, paragraph 
 35.2   (c), clause (4): 
 35.3      (i) within five years of a prior impaired driving 
 35.4   conviction or a prior license revocation; or 
 35.5      (ii) within 15 years of the first of two or more prior 
 35.6   impaired driving convictions, two or more prior license 
 35.7   revocations, or a prior impaired driving conviction and a prior 
 35.8   license revocation, based on separate incidents; or 
 35.9      (3) a violation of section 169.121, an ordinance in 
 35.10  conformity with it, or section 169.129: 
 35.11     (i) by a person whose driver's license or driving 
 35.12  privileges have been canceled under section 171.04, subdivision 
 35.13  1, clause (9); or 
 35.14     (4) (ii) by a person who is subject to a restriction on the 
 35.15  person's driver's license under section 171.09 which provides 
 35.16  that the person may not use or consume any amount of alcohol or 
 35.17  a controlled substance. 
 35.18     "Designated offense" also includes a violation of section 
 35.19  169.121, subdivision 3, paragraph (c), clause (4): 
 35.20     (1) within five years of two prior impaired driving 
 35.21  convictions or two prior license revocations based on separate 
 35.22  incidents; or 
 35.23     (2) within 15 years of the first of three or more prior 
 35.24  impaired driving convictions or the first of three or more prior 
 35.25  license revocations based on separate incidents. 
 35.26     (c) (d) "Motor vehicle" and "vehicle" have the meaning 
 35.27  given "motor vehicle" in section 169.121, subdivision 11.  The 
 35.28  terms do not include a vehicle which is stolen or taken in 
 35.29  violation of the law. 
 35.30     (d) (e) "Owner" means the registered owner of the motor 
 35.31  vehicle according to records of the department of public safety 
 35.32  and includes a lessee of a motor vehicle if the lease agreement 
 35.33  has a term of 180 days or more. 
 35.34     (e) (f) "Prior impaired driving conviction" has the meaning 
 35.35  given it in section 169.121, subdivision 3.  A prior impaired 
 35.36  driving conviction also includes a prior juvenile adjudication 
 36.1   that would have been a prior impaired driving conviction if 
 36.2   committed by an adult. 
 36.3      (f) (g) "Prior license revocation" has the meaning given it 
 36.4   in section 169.121, subdivision 3. 
 36.5      (g) (h) "Prosecuting authority" means the attorney in the 
 36.6   jurisdiction in which the designated offense occurred who is 
 36.7   responsible for prosecuting violations of a designated offense. 
 36.8      Subd. 2.  [SEIZURE.] A motor vehicle subject to forfeiture 
 36.9   under this section may be seized by the appropriate agency upon 
 36.10  process issued by any court having jurisdiction over the 
 36.11  vehicle.  Property may be seized without process if: 
 36.12     (1) the seizure is incident to a lawful arrest or a lawful 
 36.13  search; 
 36.14     (2) the vehicle subject to seizure has been the subject of 
 36.15  a prior judgment in favor of the state in a criminal injunction 
 36.16  or forfeiture proceeding under this section; or 
 36.17     (3) the appropriate agency has probable cause to believe 
 36.18  that the delay occasioned by the necessity to obtain process 
 36.19  would result in the removal or destruction of the vehicle.  If 
 36.20  property is seized without process under this clause (3), the 
 36.21  prosecuting authority must institute a forfeiture action under 
 36.22  this section as soon as is reasonably possible. 
 36.23     Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
 36.24  OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
 36.25  subject to forfeiture under this section vests in the 
 36.26  appropriate agency upon commission of the conduct resulting in 
 36.27  the designated offense or designated license revocation giving 
 36.28  rise to the forfeiture.  Any vehicle seized under this section 
 36.29  is not subject to replevin, but is deemed to be in the custody 
 36.30  of the appropriate agency subject to the orders and decrees of 
 36.31  the court having jurisdiction over the forfeiture proceedings.  
 36.32  When a vehicle is so seized, the appropriate agency may: 
 36.33     (1) place the vehicle under seal; 
 36.34     (2) remove the vehicle to a place designated by it; 
 36.35     (3) place a disabling device on the vehicle; and 
 36.36     (4) take other steps reasonable and necessary to secure the 
 37.1   vehicle and prevent waste. 
 37.2      Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
 37.3   vehicle that has been seized under this section seeks possession 
 37.4   of the vehicle before the forfeiture action is determined, the 
 37.5   owner may, subject to the approval of the appropriate agency, 
 37.6   give security or post bond payable to the appropriate agency in 
 37.7   an amount equal to the retail value of the seized vehicle.  On 
 37.8   posting the security or bond, the seized vehicle may be returned 
 37.9   to the owner only if a disabling device is attached to the 
 37.10  vehicle.  The forfeiture action shall proceed against the 
 37.11  security as if it were the seized vehicle. 
 37.12     Subd. 5.  [EVIDENCE.] Certified copies of court records and 
 37.13  motor vehicle and driver's license records concerning prior 
 37.14  impaired driving convictions and prior license revocations are 
 37.15  admissible as substantive evidence where necessary to prove the 
 37.16  commission of a designated offense or the occurrence of a 
 37.17  designated license revocation. 
 37.18     Subd. 6.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 
 37.19  vehicle is subject to forfeiture under this section if it was 
 37.20  used in the commission of a designated offense or was used in 
 37.21  conduct resulting in a designated license revocation. 
 37.22     Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR VEHICLES.] 
 37.23  (a) A vehicle is subject to forfeiture under this section only 
 37.24  if: 
 37.25     (1) the driver is convicted of the designated offense upon 
 37.26  which the forfeiture is based; or 
 37.27     (2) the driver fails to appear with respect to the 
 37.28  designated offense charge in violation of section 609.49; or 
 37.29     (3) the driver's conduct results in a designated license 
 37.30  revocation and the driver either fails to seek administrative or 
 37.31  judicial review of the revocation in a timely manner as required 
 37.32  by section 169.123, subdivision 5b or 5c, or the revocation is 
 37.33  sustained under section 169.123, subdivision 5b or 6. 
 37.34     (b) A vehicle encumbered by a bona fide security interest, 
 37.35  or subject to a lease that has a term of 180 days or more, is 
 37.36  subject to the interest of the secured party or lessor unless 
 38.1   the party or lessor had knowledge of or consented to the act 
 38.2   upon which the forfeiture is based. 
 38.3      (c) Notwithstanding paragraph (b), the secured party's or 
 38.4   lessor's interest in a vehicle is not subject to forfeiture 
 38.5   based solely on the secured party's or lessor's knowledge of the 
 38.6   act or omission upon which the forfeiture is based if the 
 38.7   secured party or lessor took reasonable steps to terminate use 
 38.8   of the vehicle by the offender. 
 38.9      (d) A motor vehicle is subject to forfeiture under this 
 38.10  section only if its owner knew or should have known of the 
 38.11  unlawful use or intended use. 
 38.12     (e) A vehicle subject to a security interest, based upon a 
 38.13  loan or other financing arranged by a financial institution, is 
 38.14  subject to the interest of the financial institution.  
 38.15     Subd. 7a.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A 
 38.16  motor vehicle used to commit a designated offense or used in 
 38.17  conduct resulting in a designated license revocation is subject 
 38.18  to administrative forfeiture under this subdivision. 
 38.19     (b) When a motor vehicle is seized under subdivision 2, the 
 38.20  appropriate agency shall serve the driver or operator of the 
 38.21  vehicle with a notice of the seizure and intent to forfeit the 
 38.22  vehicle.  Additionally, when a motor vehicle is seized under 
 38.23  subdivision 2, or within a reasonable time after that, all 
 38.24  persons known to have an ownership or possessory interest in the 
 38.25  vehicle must be notified of the seizure and the intent to 
 38.26  forfeit the vehicle.  Notice mailed by certified mail to the 
 38.27  address shown in department of public safety records is 
 38.28  sufficient notice to the registered owner of the vehicle.  
 38.29  Otherwise, notice may be given in the manner provided by law for 
 38.30  service of a summons in a civil action. 
 38.31     (c) The notice must be in writing and contain:  
 38.32     (1) a description of the vehicle seized; 
 38.33     (2) the date of seizure; and 
 38.34     (3) notice of the right to obtain judicial review of the 
 38.35  forfeiture and of the procedure for obtaining that judicial 
 38.36  review, printed in English, Hmong, and Spanish.  Substantially 
 39.1   the following language must appear conspicuously:  "IF YOU DO 
 39.2   NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA 
 39.3   STATUTES, SECTION 169.1217, SUBDIVISION 7a, YOU LOSE THE RIGHT 
 39.4   TO A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY 
 39.5   RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED PROPERTY.  YOU MAY NOT 
 39.6   HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE 
 39.7   UNABLE TO AFFORD THE FEE.  YOU DO NOT HAVE TO PAY THE FILING FEE 
 39.8   IF THE PROPERTY IS WORTH LESS THAN $500 AND YOU FILE YOUR CLAIM 
 39.9   IN CONCILIATION COURT." 
 39.10     (d) Within 30 days following service of a notice of seizure 
 39.11  and forfeiture under this subdivision, a claimant may file a 
 39.12  demand for a judicial determination of the forfeiture.  The 
 39.13  demand must be in the form of a civil complaint and must be 
 39.14  filed with the court administrator in the county in which the 
 39.15  seizure occurred, together with proof of service of a copy of 
 39.16  the complaint on the prosecuting authority having jurisdiction 
 39.17  over the forfeiture, and the standard filing fee for civil 
 39.18  actions unless the petitioner has the right to sue in forma 
 39.19  pauperis under section 563.01.  If the value of the seized 
 39.20  property is less than $500, the claimant may file an action in 
 39.21  conciliation court for recovery of the seized vehicle without 
 39.22  paying the conciliation court filing fee.  No responsive 
 39.23  pleading is required of the prosecuting authority and no court 
 39.24  fees may be charged for the prosecuting authority's appearance 
 39.25  in the matter.  Except as provided in this section, judicial 
 39.26  reviews and hearings are governed by section 169.123, 
 39.27  subdivisions 5c and 6, and shall take place at the same time as 
 39.28  any judicial review of the person's license revocation under 
 39.29  section 169.123.  The proceedings may be combined with any 
 39.30  hearing on a petition filed under section 169.123, subdivision 
 39.31  5c, and are governed by the rules of civil procedure.  
 39.32     (e) The complaint must be captioned in the name of the 
 39.33  claimant as plaintiff and the seized vehicle as defendant, and 
 39.34  must state with specificity the grounds on which the claimant 
 39.35  alleges the vehicle was improperly seized and the plaintiff's 
 39.36  interest in the vehicle seized.  Notwithstanding any law to the 
 40.1   contrary, an action for the return of a vehicle seized under 
 40.2   this section may not be maintained by or on behalf of any person 
 40.3   who has been served with a notice of seizure and forfeiture 
 40.4   unless the person has complied with this subdivision. 
 40.5      (f) If the claimant makes a timely demand for a judicial 
 40.6   determination under this subdivision, the appropriate agency 
 40.7   must conduct the forfeiture under subdivision 8. 
 40.8      (g) If a demand for judicial determination of an 
 40.9   administrative forfeiture is filed under this subdivision and 
 40.10  the court orders the return of the seized vehicle, the court 
 40.11  shall order that filing fees be reimbursed to the person who 
 40.12  filed the demand.  In addition, the court may order the payment 
 40.13  of reasonable costs, expenses, and attorney fees under section 
 40.14  549.21, subdivision 2.  
 40.15     Subd. 8.  [JUDICIAL FORFEITURE PROCEDURE.] (a) This 
 40.16  subdivision governs judicial determinations of the forfeiture of 
 40.17  a motor vehicle used to commit a designated offense is subject 
 40.18  to forfeiture under this subdivision or used in conduct 
 40.19  resulting in a designated license revocation. 
 40.20     (b) A separate complaint shall be filed against the 
 40.21  vehicle, describing it, and specifying that it was used in the 
 40.22  commission of a designated offense or was used in conduct 
 40.23  resulting in a designated license revocation, and specifying the 
 40.24  time and place of its unlawful use.  If the forfeiture was based 
 40.25  on the commission of a designated offense and the person charged 
 40.26  with a the designated offense appears in court as required and 
 40.27  is not convicted of the offense, the court shall dismiss the 
 40.28  complaint against the vehicle and order the property returned to 
 40.29  the person legally entitled to it.  If the forfeiture is based 
 40.30  on a designated license revocation, and the designated license 
 40.31  revocation is rescinded under section 169.123, subdivision 5a or 
 40.32  6, the court shall dismiss the complaint against the vehicle and 
 40.33  order the property returned to the person legally entitled to 
 40.34  it.  If the lawful ownership of the vehicle used in the 
 40.35  commission of a designated offense or used in conduct resulting 
 40.36  in a designated license revocation can be determined and it is 
 41.1   found the owner was not privy to commission of a designated 
 41.2   offense or was not privy to the conduct resulting in the 
 41.3   designated license revocation, the vehicle shall be returned 
 41.4   immediately. 
 41.5      Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
 41.6   vehicle is administratively forfeited under subdivision 7a, or 
 41.7   if the court finds under subdivision 8 that the vehicle is 
 41.8   subject to forfeiture under subdivisions 6 and 7, it shall order 
 41.9   the appropriate agency to shall: 
 41.10     (1) sell the vehicle and distribute the proceeds under 
 41.11  paragraph (b); or 
 41.12     (2) keep the vehicle for official use.  If the agency keeps 
 41.13  a forfeited motor vehicle for official use, it shall make 
 41.14  reasonable efforts to ensure that the motor vehicle is available 
 41.15  for use by the agency's officers who participate in the drug 
 41.16  abuse resistance education program. 
 41.17     (b) The proceeds from the sale of forfeited vehicles, after 
 41.18  payment of seizure, storage, forfeiture, and sale expenses, and 
 41.19  satisfaction of valid liens against the property, must be 
 41.20  forwarded to the treasury of the political subdivision that 
 41.21  employs the appropriate agency responsible for the forfeiture 
 41.22  for use in DWI-related enforcement, training and education.  If 
 41.23  the appropriate agency is an agency of state government, the net 
 41.24  proceeds must be forwarded to the state treasury and credited to 
 41.25  the general fund. 
 41.26     (c) The proceeds from the sale of forfeited off-road 
 41.27  recreational vehicles and motorboats, after payment of seizure, 
 41.28  storage, forfeiture, and sale expenses, and satisfaction of 
 41.29  valid liens against the property, must be forwarded to the state 
 41.30  treasury and credited to the following funds: 
 41.31     (1) if the forfeited vehicle is a motorboat, the net 
 41.32  proceeds must be credited to the water recreation account in the 
 41.33  natural resources fund; 
 41.34     (2) if the forfeited vehicle is a snowmobile, the net 
 41.35  proceeds must be credited to the snowmobile trails and 
 41.36  enforcement account in the natural resources fund; 
 42.1      (3) if the forfeited vehicle is an all-terrain vehicle, the 
 42.2   net proceeds must be credited to the all-terrain vehicle account 
 42.3   in the natural resources fund; 
 42.4      (4) if the forfeited vehicle is an off-highway motorcycle, 
 42.5   the net proceeds must be credited to the off-highway motorcycle 
 42.6   account in the natural resources fund; 
 42.7      (5) if the forfeited vehicle is an off-road vehicle, the 
 42.8   net proceeds must be credited to the off-road vehicle account in 
 42.9   the natural resources fund; and 
 42.10     (6) if otherwise, the net proceeds must be credited to the 
 42.11  general fund. 
 42.12     Sec. 44.  Minnesota Statutes 1996, section 169.1218, is 
 42.13  amended to read: 
 42.14     169.1218 [UNDERAGE DRINKING AND DRIVING.] 
 42.15     (a) It is a misdemeanor for a person under the age of 21 
 42.16  years to drive or operate a motor vehicle while consuming 
 42.17  alcoholic beverages, or after having consumed alcoholic 
 42.18  beverages while there is physical evidence of the consumption 
 42.19  present in the person's body. 
 42.20     (b) When a person is found to have committed an offense 
 42.21  under paragraph (a), the court shall notify the commissioner of 
 42.22  public safety of its determination.  Upon receipt of the court's 
 42.23  determination, the commissioner shall suspend the person's 
 42.24  driver's license or operating privileges for 30 days, or for 180 
 42.25  days if the person has previously been found to have violated 
 42.26  paragraph (a) or a statute or ordinance in conformity with 
 42.27  paragraph (a). 
 42.28     (c) If the person's conduct violates section 169.121, 
 42.29  subdivision 1 or 1a, or 169.1211, the penalties and license 
 42.30  sanctions in those laws apply instead of the license sanction in 
 42.31  paragraph (b). 
 42.32     (d) An offense under paragraph (a) may be prosecuted either 
 42.33  in the jurisdiction where consumption occurs or the jurisdiction 
 42.34  where evidence of consumption is observed. 
 42.35     Sec. 45.  Minnesota Statutes 1996, section 169.123, 
 42.36  subdivision 1, is amended to read: 
 43.1      Subdivision 1.  [PEACE OFFICER DEFINED.] For purposes of 
 43.2   this section, section 169.121, and section 169.1211, the term 
 43.3   peace officer means (1) a state patrol officer, (2) University 
 43.4   of Minnesota peace officer, (3) a constable as defined in 
 43.5   section 367.40, subdivision 3, or (4) police officer of any 
 43.6   municipality, including towns having powers under section 
 43.7   368.01, or county, and (5) for purposes of violations of those 
 43.8   sections in or on an off-road recreational vehicle or motorboat, 
 43.9   a state conservation officer. 
 43.10     Sec. 46.  Minnesota Statutes 1996, section 169.123, 
 43.11  subdivision 4, is amended to read: 
 43.12     Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] (a) If a person 
 43.13  refuses to permit a test, none shall be given, but the peace 
 43.14  officer shall report the refusal to the commissioner of public 
 43.15  safety and the authority having responsibility for prosecution 
 43.16  of misdemeanor offenses for the jurisdiction in which the acts 
 43.17  occurred.  However, if a peace officer has probable cause to 
 43.18  believe that the person has violated section 609.21, a test may 
 43.19  be required and obtained despite the person's refusal.  A 
 43.20  refusal to submit to an alcohol concentration test does not 
 43.21  constitute a violation of section 609.50, unless the refusal was 
 43.22  accompanied by force or violence or the threat of force or 
 43.23  violence.  
 43.24     (b) If a person submits to a test and, the results of that 
 43.25  test shall be reported to the commissioner of public safety and 
 43.26  to the authority having responsibility for prosecution of 
 43.27  misdemeanor offenses for the jurisdiction in which the acts 
 43.28  occurred, if the test results indicate: 
 43.29     (1) an alcohol concentration of 0.10 or more; 
 43.30     (2) an alcohol concentration of 0.04 or more, if the person 
 43.31  was driving, operating, or in physical control of a commercial 
 43.32  motor vehicle at the time of the violation; or 
 43.33     (3) the presence of a controlled substance listed in 
 43.34  schedule I or II, other than marijuana or tetrahydrocannabinols, 
 43.35  or if a person was driving, operating, or in physical control of 
 43.36  a commercial motor vehicle and the test results indicate an 
 44.1   alcohol concentration of 0.04 or more, the results of the test 
 44.2   shall be reported to the commissioner of public safety and to 
 44.3   the authority having responsibility for prosecution of 
 44.4   misdemeanor offenses for the jurisdiction in which the acts 
 44.5   occurred. 
 44.6      (c) Upon certification by the peace officer that there 
 44.7   existed probable cause to believe the person had been driving, 
 44.8   operating, or in physical control of a motor vehicle in 
 44.9   violation of section 169.121 and that the person refused to 
 44.10  submit to a test, the commissioner of public safety shall revoke 
 44.11  the person's license or permit to drive, or nonresident 
 44.12  operating privilege, for a period of one year even if a test was 
 44.13  obtained pursuant to this section after the person refused to 
 44.14  submit to testing.  
 44.15     (d) Upon certification by the peace officer that there 
 44.16  existed probable cause to believe the person had been driving, 
 44.17  operating, or in physical control of a commercial motor vehicle 
 44.18  with the presence of any alcohol in violation of section 169.121 
 44.19  or 169.1211, and that the person refused to submit to a test, 
 44.20  the commissioner shall disqualify the person from operating a 
 44.21  commercial motor vehicle for a period of one year under section 
 44.22  171.165 and shall revoke the person's license or permit to drive 
 44.23  or nonresident operating privilege for a period of one year.  
 44.24     (e) Upon certification by the peace officer that there 
 44.25  existed probable cause to believe the person had been driving, 
 44.26  operating, or in physical control of a motor vehicle in 
 44.27  violation of section 169.121 and that the person submitted to a 
 44.28  test and the test results indicate an alcohol concentration of 
 44.29  0.10 or more or the presence of a controlled substance listed in 
 44.30  schedule I or II, other than marijuana or tetrahydrocannabinols, 
 44.31  then the commissioner of public safety shall revoke the person's 
 44.32  license or permit to drive, or nonresident operating privilege: 
 44.33     (1) for a period of 90 days; or 
 44.34     (2) if the person is under the age of 21 years, for a 
 44.35  period of six months; or 
 44.36     (3) for a person with a prior impaired driving conviction 
 45.1   or prior license revocation within the past five years, for a 
 45.2   period of 180 days; or 
 45.3      (4) if the test results indicate an alcohol concentration 
 45.4   of 0.20 or more, for twice the applicable period in clauses (1) 
 45.5   to (3). 
 45.6      (f) On certification by the peace officer that there 
 45.7   existed probable cause to believe the person had been driving, 
 45.8   operating, or in physical control of a commercial motor vehicle 
 45.9   with any presence of alcohol and that the person submitted to a 
 45.10  test and the test results indicated an alcohol concentration of 
 45.11  0.04 or more, the commissioner of public safety shall disqualify 
 45.12  the person from operating a commercial motor vehicle under 
 45.13  section 171.165.  
 45.14     (g) If the person is a resident without a license or permit 
 45.15  to operate a motor vehicle in this state, the commissioner of 
 45.16  public safety shall deny to the person the issuance of a license 
 45.17  or permit for the same period after the date of the alleged 
 45.18  violation as provided herein for revocation, subject to review 
 45.19  as hereinafter provided. 
 45.20     (h) As used in this subdivision, the terms "prior impaired 
 45.21  driving conviction" and "prior license revocation" have the 
 45.22  meanings given in section 169.121, subdivision 3, paragraph (a). 
 45.23     Sec. 47.  Minnesota Statutes 1996, section 169.123, 
 45.24  subdivision 5c, is amended to read: 
 45.25     Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
 45.26  days following receipt of a notice and order of revocation or 
 45.27  disqualification pursuant to this section, a person may petition 
 45.28  the court for review.  The petition shall be filed with the 
 45.29  district court administrator in the county where the alleged 
 45.30  offense occurred, together with proof of service of a copy on 
 45.31  the commissioner of public safety, and accompanied by the 
 45.32  standard filing fee for civil actions.  No responsive pleading 
 45.33  shall be required of the commissioner of public safety, and no 
 45.34  court fees shall be charged for the appearance of the 
 45.35  commissioner of public safety in the matter.  
 45.36     (b) The petition shall must: 
 46.1      (1) be captioned in the full name of the person making the 
 46.2   petition as petitioner and the commissioner of public safety as 
 46.3   respondent.  The petition must; 
 46.4      (2) include the petitioner's date of birth, driver's 
 46.5   license number, and date of the offense.  The petition shall; 
 46.6   and 
 46.7      (3) state with specificity the grounds upon which the 
 46.8   petitioner seeks rescission of the order of revocation, 
 46.9   disqualification, or denial and state the facts underlying each 
 46.10  claim asserted. 
 46.11     (c) The filing of the petition shall not stay the 
 46.12  revocation, disqualification, or denial.  The reviewing court 
 46.13  may order a stay of the balance of the revocation or 
 46.14  disqualification if the hearing has not been conducted within 60 
 46.15  days after filing of the petition upon terms the court deems 
 46.16  proper. 
 46.17     (d) Judicial reviews shall be conducted according to the 
 46.18  rules of civil procedure except that prehearing discovery is 
 46.19  mandatory and is limited to: 
 46.20     (1) the notice of revocation; 
 46.21     (2) the test record, or in the case of blood or urine 
 46.22  tests, the certificate of analysis; 
 46.23     (3) the peace officer's certificate and any accompanying 
 46.24  documentation submitted by the arresting officer to the 
 46.25  commissioner of public safety; and 
 46.26     (4) disclosure of potential witnesses, including experts, 
 46.27  and the basis of their testimony. 
 46.28  Other types of discovery are not available. 
 46.29     Sec. 48.  Minnesota Statutes 1996, section 169.123, 
 46.30  subdivision 6, is amended to read: 
 46.31     Subd. 6.  [HEARING.] (a) A hearing under this section shall 
 46.32  be before a district judge in any county in the judicial 
 46.33  district where the alleged offense occurred.  The hearing shall 
 46.34  be to the court and may be conducted at the same time and in the 
 46.35  same manner as hearings upon pretrial motions in the criminal 
 46.36  prosecution under section 169.121, if any.  The hearing shall be 
 47.1   recorded.  The commissioner of public safety shall appear and be 
 47.2   represented by the attorney general or through the prosecuting 
 47.3   authority for the jurisdiction involved.  The hearing shall be 
 47.4   held at the earliest practicable date, and in any event no later 
 47.5   than 60 days following the filing of the petition for review.  
 47.6   The judicial district administrator shall establish procedures 
 47.7   to ensure efficient compliance with this subdivision.  To 
 47.8   accomplish this, the administrator may, whenever possible, 
 47.9   consolidate and transfer review hearings among the county courts 
 47.10  within the judicial district.  
 47.11     (b) The scope of the hearing shall be limited to the issues 
 47.12  in clauses (1) to (9) (10): 
 47.13     (1) Did the peace officer have probable cause to believe 
 47.14  the person was driving, operating, or in physical control of: 
 47.15     (i) a motor vehicle in violation of section 169.121; or 
 47.16     (ii) a commercial motor vehicle in violation of section 
 47.17  169.1211? 
 47.18     (2) Was the person lawfully placed under arrest for 
 47.19  violation of section 169.121 or 169.1211? 
 47.20     (3) Was the person involved in a motor vehicle accident or 
 47.21  collision resulting in property damage, personal injury, or 
 47.22  death? 
 47.23     (4) Did the person refuse to take a screening test provided 
 47.24  for by section 169.121, subdivision 6? 
 47.25     (5) If the screening test was administered, did the test 
 47.26  indicate an alcohol concentration of 0.10 or more? 
 47.27     (6) At the time of the request for the test, did the peace 
 47.28  officer inform the person of the person's rights and the 
 47.29  consequences of taking or refusing the test as required by 
 47.30  subdivision 2? 
 47.31     (7) Did the person refuse to permit the test? 
 47.32     (8) If a test was taken: 
 47.33     (i) by a person driving, operating, or in physical control 
 47.34  of a motor vehicle, did the test results indicate at the time of 
 47.35  testing: 
 47.36     (i) an alcohol concentration of 0.10 or more at the time of 
 48.1   testing; or 
 48.2      (ii) the presence of a controlled substance listed in 
 48.3   schedule I or II, other than marijuana or tetrahydrocannabinols; 
 48.4   or? 
 48.5      (ii) (9) If a test was taken by a person driving, 
 48.6   operating, or in physical control of a commercial motor vehicle, 
 48.7   did the test results indicate an alcohol concentration of 0.04 
 48.8   or more at the time of testing? 
 48.9      (9) (10) Was the testing method used valid and reliable and 
 48.10  were the test results accurately evaluated? 
 48.11     (c) It shall be an affirmative defense for the petitioner 
 48.12  to prove that, at the time of the refusal, the petitioner's 
 48.13  refusal to permit the test was based upon reasonable grounds. 
 48.14     (d) Certified or otherwise authenticated copies of 
 48.15  laboratory or medical personnel reports, records, documents, 
 48.16  licenses, and certificates shall be admissible as substantive 
 48.17  evidence.  
 48.18     (e) The court shall order that the revocation or 
 48.19  disqualification be either rescinded or sustained and forward 
 48.20  the order to the commissioner of public safety.  The court shall 
 48.21  file its order within 14 days following the hearing.  If the 
 48.22  revocation or disqualification is sustained, the court shall 
 48.23  also forward the person's driver's license or permit to the 
 48.24  commissioner of public safety for further action by the 
 48.25  commissioner of public safety if the license or permit is not 
 48.26  already in the commissioner's possession. 
 48.27     Sec. 49.  Minnesota Statutes 1996, section 169.126, 
 48.28  subdivision 1, is amended to read: 
 48.29     Subdivision 1.  [REQUIREMENT; FORM.] A chemical use 
 48.30  assessment shall be conducted and an assessment report submitted 
 48.31  to the court and to the department of public safety by the 
 48.32  county agency administering the alcohol safety program when: 
 48.33     (a) The defendant is convicted of an offense described in 
 48.34  section 169.121 or, 169.1211, 169.129, or 360.0752; or 
 48.35     (b) The defendant is arrested for committing an offense 
 48.36  described in section 169.121 or 169.129 but is convicted of 
 49.1   another offense arising out of the circumstances surrounding the 
 49.2   arrest.  
 49.3      Sec. 50.  Minnesota Statutes 1996, section 169.1261, is 
 49.4   amended to read: 
 49.5      169.1261 [REINSTATEMENT OF DRIVING PRIVILEGES; NOTICE.] 
 49.6      Upon expiration of a period of revocation under section 
 49.7   169.121 or 169.123, the commissioner of public safety shall 
 49.8   notify the person of the terms upon which driving privileges can 
 49.9   be reinstated, and new registration plates issued, which terms 
 49.10  are:  (1) successful completion of a driving test an examination 
 49.11  and proof of compliance with any terms of alcohol treatment or 
 49.12  counseling previously prescribed, if any; and (2) any other 
 49.13  requirements imposed by the commissioner and applicable to that 
 49.14  particular case.  The commissioner shall notify the owner of a 
 49.15  motor vehicle subject to an impoundment order under section 
 49.16  168.041 as a result of the violation of the procedures for 
 49.17  obtaining new registration plates, if the owner is not the 
 49.18  violator.  The commissioner shall also notify the person that if 
 49.19  driving is resumed without reinstatement of driving privileges 
 49.20  or without valid registration plates and registration 
 49.21  certificate, the person will be subject to criminal penalties. 
 49.22     Sec. 51.  Minnesota Statutes 1996, section 169.129, is 
 49.23  amended to read: 
 49.24     169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
 49.25     Subdivision 1.  [CRIME.] It is a crime for any person is 
 49.26  guilty of a gross misdemeanor who drives, operates, or is to 
 49.27  drive, operate, or be in physical control of a motor vehicle, 
 49.28  the operation of which requires a driver's license, within this 
 49.29  state or upon the ice of any boundary water of this state in 
 49.30  violation of section 169.121 or an ordinance in conformity with 
 49.31  it before the person's driver's license or driver's driving 
 49.32  privilege has been reinstated following its cancellation, 
 49.33  suspension, revocation, disqualification, or denial under any of 
 49.34  the following:  
 49.35     (1) section 169.121, 169.1211, or 169.123; 
 49.36     (2) section 171.04, 171.14, 171.16, 171.17, or 171.18 
 50.1   because of an alcohol-related incident; 
 50.2      (3) section 609.21, subdivision 1, clauses (2) to (6); 
 50.3   609.21, subdivision 2, clauses (2) to (6); 609.21, subdivision 
 50.4   2a, clauses (2) to (6); 609.21, subdivision 2b, clauses (2) to 
 50.5   (6); 609.21, subdivision 3, clauses (2) to (6); or 609.21, 
 50.6   subdivision 4, clauses (2) to (6). 
 50.7      Subd. 2.  [PENALTIES.] (a) Except as otherwise provided in 
 50.8   paragraph (b), a person who violates subdivision 1 is guilty of 
 50.9   a gross misdemeanor. 
 50.10     (b) A person is guilty of an enhanced gross misdemeanor and 
 50.11  may be sentenced to imprisonment in a local correctional 
 50.12  facility for not more than two years or to payment of a fine of 
 50.13  not more than $3,000, or both, if the person violates 
 50.14  subdivision 1 and the person's driver's license or driving 
 50.15  privilege has been suspended, revoked, canceled, denied, or 
 50.16  disqualified two or more times within the past ten years under 
 50.17  any of the statutes listed in subdivision 1.  A person convicted 
 50.18  of an enhanced gross misdemeanor under this paragraph is subject 
 50.19  to the applicable mandatory penalties provided in section 
 50.20  169.121, subdivision 3d. 
 50.21     Subd. 3.  [PROSECUTION.] The attorney in the jurisdiction 
 50.22  in which the violation of this section occurred who is 
 50.23  responsible for prosecution of misdemeanor violations of section 
 50.24  169.121 shall also be responsible for prosecution of violations 
 50.25  of this section. 
 50.26     Sec. 52.  Minnesota Statutes 1996, section 171.07, is 
 50.27  amended by adding a subdivision to read: 
 50.28     Subd. 12.  [SNOWMOBILE SAFETY CERTIFICATE.] (a) The 
 50.29  department shall maintain in its records information transmitted 
 50.30  electronically from the commissioner of natural resources 
 50.31  identifying each person whom the commissioner has issued a 
 50.32  snowmobile safety certificate. 
 50.33     (b) After receiving information under paragraph (a) that a 
 50.34  person has received a snowmobile safety certificate, the 
 50.35  department shall include, on all drivers' licenses or Minnesota 
 50.36  identification cards subsequently issued to the person, a 
 51.1   graphic or written indication that the person has received the 
 51.2   certificate. 
 51.3      (c) If a person who has received a snowmobile safety 
 51.4   certificate applies for a driver's license or Minnesota 
 51.5   identification card before that information has been transmitted 
 51.6   to the department, the department may accept a copy of the 
 51.7   certificate as proof of its issuance and shall then follow the 
 51.8   procedures in paragraph (b). 
 51.9      Sec. 53.  Minnesota Statutes 1996, section 171.12, is 
 51.10  amended by adding a subdivision to read: 
 51.11     Subd. 2a.  [ALCOHOL CONCENTRATION ON DRIVING RECORD.] When 
 51.12  a person's driver's license or permit to drive is revoked or 
 51.13  suspended pursuant to section 169.123, or when a person is 
 51.14  convicted for violating section 169.121, 169.1211, 169.1218, 
 51.15  169.129, 360.0752, or 609.21, and a test of the person's breath, 
 51.16  urine, or blood has been made to determine the person's alcohol 
 51.17  concentration, the commissioner of public safety shall record 
 51.18  the test results on the person's driving record pertaining to 
 51.19  that violation.  The alcohol concentration is classified as 
 51.20  public data on individuals, as defined in section 13.02, 
 51.21  subdivision 15, and must be kept for the period of time 
 51.22  specified in subdivision 3, clause (2). 
 51.23     Sec. 54.  Minnesota Statutes 1996, section 171.19, as 
 51.24  amended by Laws 1997, chapter 245, article 1, section 2, is 
 51.25  amended to read: 
 51.26     171.19 [PETITION FOR LICENSE REINSTATEMENT.] 
 51.27     Any person whose driver's license has been refused, 
 51.28  revoked, suspended, or canceled, or disqualified by the 
 51.29  commissioner, except where the license is revoked or 
 51.30  disqualified under section 169.123 or section 171.186, may file 
 51.31  a petition for a hearing in the matter in the district court in 
 51.32  the county wherein such person shall reside and, in the case of 
 51.33  a nonresident, in the district court in any county, and such 
 51.34  court is hereby vested with jurisdiction, and it shall be its 
 51.35  duty, to set the matter for hearing upon 15 days' written notice 
 51.36  to the commissioner, and thereupon to take testimony and examine 
 52.1   into the facts of the case to determine whether the petitioner 
 52.2   is entitled to a license or is subject to revocation, 
 52.3   suspension, cancellation, disqualification, or refusal of 
 52.4   license, and shall render judgment accordingly.  The petition 
 52.5   shall be heard by the court without a jury and may be heard in 
 52.6   or out of term.  The commissioner may appear in person, or by 
 52.7   agents or representatives, and may present evidence upon the 
 52.8   hearing by affidavit personally, by agents, or by 
 52.9   representatives.  The petitioner may present evidence by 
 52.10  affidavit, except that the petitioner must be present in person 
 52.11  at such hearing for the purpose of cross-examination.  In the 
 52.12  event the department shall be sustained in these proceedings, 
 52.13  the petitioner shall have no further right to make further 
 52.14  petition to any court for the purpose of obtaining a driver's 
 52.15  license until after the expiration of one year after the date of 
 52.16  such hearing. 
 52.17     Sec. 55.  Minnesota Statutes 1996, section 171.20, 
 52.18  subdivision 4, is amended to read: 
 52.19     Subd. 4.  [REINSTATEMENT FEE.] Before the license is 
 52.20  reinstated, a person whose driver's license has been suspended 
 52.21  under section 171.16, subdivision 2; 171.18, except subdivision 
 52.22  1, clause (10); or 171.182, or who has been disqualified from 
 52.23  holding a commercial driver's license under section 171.165 must 
 52.24  pay a $20 fee before the license is reinstated of $25 until June 
 52.25  30, 1999, and $20 thereafter.  When this fee is collected by a 
 52.26  county-operated office of deputy registrar, a $3.50 handling 
 52.27  charge is imposed.  The handling charge must be deposited in the 
 52.28  treasury of the place for which the deputy registrar was 
 52.29  appointed and the $20 reinstatement fee must be deposited in an 
 52.30  approved state depository as directed under section 168.33, 
 52.31  subdivision 2.  A suspension may be rescinded without fee for 
 52.32  good cause. 
 52.33     Sec. 56.  Minnesota Statutes 1996, section 171.30, is 
 52.34  amended by adding a subdivision to read: 
 52.35     Subd. 2c.  [EXTENDED WAITING PERIOD.] If a person's license 
 52.36  or privilege has been revoked or suspended for a violation of 
 53.1   section 169.121 or 169.123, or a statute or ordinance from 
 53.2   another state in conformity with either of those sections, and 
 53.3   the person's alcohol concentration was 0.20 or greater at the 
 53.4   time of the violation, a limited license may not be issued for a 
 53.5   period of time equal to twice the time period specified in 
 53.6   subdivision 2a or 2b. 
 53.7      Sec. 57.  Minnesota Statutes 1996, section 340A.503, 
 53.8   subdivision 2, is amended to read: 
 53.9      Subd. 2.  [PURCHASING.] It is unlawful for any person: 
 53.10     (1) to sell, barter, furnish, or give alcoholic beverages 
 53.11  to a person under 21 years of age; 
 53.12     (2) under the age of 21 years to purchase or attempt to 
 53.13  purchase any alcoholic beverage unless under the supervision of 
 53.14  a responsible person over the age of 21 for training, education, 
 53.15  or research purposes.  Prior notification of the licensing 
 53.16  authority is required unless the supervised alcohol purchase 
 53.17  attempt is for professional research conducted by post-secondary 
 53.18  educational institutions or state, county, or local health 
 53.19  departments; or 
 53.20     (3) to induce a person under the age of 21 years to 
 53.21  purchase or procure any alcoholic beverage, or to lend or 
 53.22  knowingly permit the use of the person's driver's license, 
 53.23  permit, Minnesota identification card, or other form of 
 53.24  identification by a person under the age of 21 years for the 
 53.25  purpose of purchasing or attempting to purchase an alcoholic 
 53.26  beverage.  
 53.27     If proven by a preponderance of the evidence, it shall be 
 53.28  an affirmative defense to a violation of clause (1) that the 
 53.29  defendant is the parent or guardian of the person under 21 years 
 53.30  of age and that the defendant gave or furnished the alcoholic 
 53.31  beverage to that person solely for consumption in the 
 53.32  defendant's household.  
 53.33     Sec. 58.  Minnesota Statutes 1996, section 364.09, as 
 53.34  amended by Laws 1997, chapter 248, section 44, is amended to 
 53.35  read: 
 53.36     364.09 [EXCEPTIONS.] 
 54.1      (a) This chapter does not apply to the licensing process 
 54.2   for peace officers; to law enforcement agencies as defined in 
 54.3   section 626.84, subdivision 1, paragraph (h); to fire protection 
 54.4   agencies; to eligibility for a private detective or protective 
 54.5   agent license; to the licensing and background study process 
 54.6   under chapter 245A; to eligibility for school bus driver 
 54.7   endorsements; or to eligibility for special transportation 
 54.8   service endorsements; or to eligibility for a commercial driver 
 54.9   training instructor license, which is governed by section 171.35 
 54.10  and rules adopted under that section.  This chapter also shall 
 54.11  not apply to eligibility for juvenile corrections employment, 
 54.12  where the offense involved child physical or sexual abuse or 
 54.13  criminal sexual conduct.  
 54.14     (b) This chapter does not apply to a school district or to 
 54.15  eligibility for a license issued or renewed by the board of 
 54.16  teaching or the state board of education.  
 54.17     (c) Nothing in this section precludes the Minnesota police 
 54.18  and peace officers training board or the state fire marshal from 
 54.19  recommending policies set forth in this chapter to the attorney 
 54.20  general for adoption in the attorney general's discretion to 
 54.21  apply to law enforcement or fire protection agencies. 
 54.22     (d) This chapter does not apply to a license to practice 
 54.23  medicine that has been denied or revoked by the board of medical 
 54.24  practice pursuant to section 147.091, subdivision 1a. 
 54.25     Sec. 59.  Minnesota Statutes 1996, section 609.02, 
 54.26  subdivision 2, is amended to read: 
 54.27     Subd. 2.  [FELONY.] "Felony" means a crime, other than an 
 54.28  enhanced gross misdemeanor, for which a sentence of imprisonment 
 54.29  for more than one year may be imposed. 
 54.30     Sec. 60.  Minnesota Statutes 1996, section 609.02, is 
 54.31  amended by adding a subdivision to read: 
 54.32     Subd. 2a.  [ENHANCED GROSS MISDEMEANOR.] "Enhanced gross 
 54.33  misdemeanor" means a crime for which a sentence of not more than 
 54.34  two years imprisonment in a correctional facility or a fine of 
 54.35  not more than $3,000, or both, may be imposed. 
 54.36     Sec. 61.  Minnesota Statutes 1996, section 609.105, is 
 55.1   amended to read: 
 55.2      609.105 [SENTENCE OF IMPRISONMENT.] 
 55.3      Subdivision 1.  Except as otherwise provided in subdivision 
 55.4   3, a sentence to imprisonment for more than one year shall 
 55.5   commit the defendant to the custody of the commissioner of 
 55.6   corrections.  
 55.7      Subd. 2.  The commissioner of corrections shall determine 
 55.8   the place of confinement in a prison, reformatory, or other 
 55.9   facility of the department of corrections established by law for 
 55.10  the confinement of convicted persons and prescribe reasonable 
 55.11  conditions and rules for their employment, conduct, instruction, 
 55.12  and discipline within or without the facility.  
 55.13     Subd. 3.  A sentence to imprisonment for an enhanced gross 
 55.14  misdemeanor or for a period of one year or any lesser period 
 55.15  shall be to a workhouse, work farm, county jail, or other place 
 55.16  authorized by law.  
 55.17     Sec. 62.  Minnesota Statutes 1996, section 609.135, 
 55.18  subdivision 2, as amended by Laws 1997, chapter 239, article 5, 
 55.19  section 9, is amended to read: 
 55.20     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 55.21  conviction is for a felony the stay shall be for not more than 
 55.22  four years or the maximum period for which the sentence of 
 55.23  imprisonment might have been imposed, whichever is longer. 
 55.24     (b) If the conviction is for an enhanced gross misdemeanor 
 55.25  violation of section 169.121 or 169.129, the stay shall be for 
 55.26  not more than six years.  The court shall provide for 
 55.27  unsupervised probation for the last year of the stay unless the 
 55.28  court finds that the defendant needs supervised probation for 
 55.29  all or part of the last year. 
 55.30     (c) If the conviction is for a gross misdemeanor violation 
 55.31  of section 169.121 or 169.129, the stay shall be for not more 
 55.32  than four years.  The court shall provide for unsupervised 
 55.33  probation for the last one year of the stay unless the court 
 55.34  finds that the defendant needs supervised probation for all or 
 55.35  part of the last one year. 
 55.36     (c) (d) If the conviction is for a gross misdemeanor not 
 56.1   specified in paragraph (b) (c), the stay shall be for not more 
 56.2   than two years. 
 56.3      (d) (e) If the conviction is for any misdemeanor under 
 56.4   section 169.121; 609.746, subdivision 1; 609.79; or 617.23; or 
 56.5   for a misdemeanor under section 609.2242 or 609.224, subdivision 
 56.6   1, in which the victim of the crime was a family or household 
 56.7   member as defined in section 518B.01, the stay shall be for not 
 56.8   more than two years.  The court shall provide for unsupervised 
 56.9   probation for the second year of the stay unless the court finds 
 56.10  that the defendant needs supervised probation for all or part of 
 56.11  the second year. 
 56.12     (e) (f) If the conviction is for a misdemeanor not 
 56.13  specified in paragraph (d) (e), the stay shall be for not more 
 56.14  than one year.  
 56.15     (f) (g) The defendant shall be discharged six months after 
 56.16  the term of the stay expires, unless the stay has been revoked 
 56.17  or extended under paragraph (g) or (h), or the defendant has 
 56.18  already been discharged. 
 56.19     (g) (h) Notwithstanding the maximum periods specified for 
 56.20  stays of sentences under paragraphs (a) to (f) (g), a court may 
 56.21  extend a defendant's term of probation for up to one year if it 
 56.22  finds, at a hearing conducted under subdivision 1a, that: 
 56.23     (1) the defendant has not paid court-ordered restitution or 
 56.24  a fine in accordance with the payment schedule or structure; and 
 56.25     (2) the defendant is likely to not pay the restitution or 
 56.26  fine the defendant owes before the term of probation expires.  
 56.27  This one-year extension of probation for failure to pay 
 56.28  restitution or a fine may be extended by the court for up to one 
 56.29  additional year if the court finds, at another hearing conducted 
 56.30  under subdivision 1a, that the defendant still has not paid the 
 56.31  court-ordered restitution or fine that the defendant owes. 
 56.32     (h) Notwithstanding the maximum periods specified for stays 
 56.33  of sentences under paragraphs (a) to (f) (g), a court may extend 
 56.34  a defendant's term of probation for up to three years if it 
 56.35  finds, at a hearing conducted under subdivision 1c, that: 
 56.36     (1) the defendant has failed to complete court-ordered 
 57.1   treatment successfully; and 
 57.2      (2) the defendant is likely not to complete court-ordered 
 57.3   treatment before the term of probation expires. 
 57.4      Sec. 63.  Minnesota Statutes 1996, section 609.15, 
 57.5   subdivision 2, is amended to read: 
 57.6      Subd. 2.  [LIMIT ON SENTENCES; MISDEMEANOR AND GROSS 
 57.7   MISDEMEANOR.] If the court specifies that the sentence shall run 
 57.8   consecutively and all of the sentences are for misdemeanors, the 
 57.9   total of the sentences shall not exceed one year.  If the 
 57.10  sentences are for a gross misdemeanor or enhanced gross 
 57.11  misdemeanor and one or more misdemeanors, the total of the 
 57.12  sentences shall not exceed two years.  If all of the sentences 
 57.13  are for gross misdemeanors and enhanced gross misdemeanors, the 
 57.14  total of the sentences shall not exceed four years. 
 57.15     Sec. 64.  Minnesota Statutes 1996, section 609.487, is 
 57.16  amended by adding a subdivision to read: 
 57.17     Subd. 2a.  [MOTOR VEHICLE; DEFINITION.] "Motor vehicle" has 
 57.18  the meaning given in section 169.01, subdivision 3, and includes 
 57.19  off-road recreational vehicles as defined in section 169.01, 
 57.20  subdivision 84, and motorboats as defined in section 169.01, 
 57.21  subdivision 85. 
 57.22     Sec. 65.  Minnesota Statutes 1996, section 634.15, 
 57.23  subdivision 2, is amended to read: 
 57.24     Subd. 2.  [TESTIMONY AT TRIAL.] Except in civil 
 57.25  proceedings, including proceedings under section 169.123, an 
 57.26  accused person or the accused person's attorney may request, by 
 57.27  notifying the prosecuting attorney at least ten days before the 
 57.28  trial, that the following persons testify in person at the trial 
 57.29  on behalf of the state:  
 57.30     (a) A person who performed the laboratory analysis or 
 57.31  examination for the report described in subdivision 1, clause 
 57.32  (a); or 
 57.33     (b) A person who prepared the blood sample report described 
 57.34  in subdivision 1, clause (b). 
 57.35     If a petitioner in a proceeding under section 169.123 
 57.36  subpoenas a person described in paragraph (a) or (b) to testify 
 58.1   at the proceeding, the petitioner is not required to pay the 
 58.2   person witness fees under section 357.22 in excess of $100. 
 58.3      Sec. 66.  [PUBLIC AWARENESS CAMPAIGN.] 
 58.4      The commissioner of public safety shall implement a public 
 58.5   awareness campaign to educate the public on the vehicle 
 58.6   forfeiture law under Minnesota Statutes, section 169.1217, and 
 58.7   the administrative plate impoundment law under Minnesota 
 58.8   Statutes, section 168.042. 
 58.9      This campaign must focus on increasing the public's 
 58.10  understanding of these laws, specifically the offenses that the 
 58.11  laws cover and the time periods in which the offenses must occur 
 58.12  to result in impoundment or forfeiture. 
 58.13     The commissioner may conduct the campaign by including 
 58.14  information in future editions of the driver's manual and using 
 58.15  public service announcements, advertisements, and any other 
 58.16  methods deemed appropriate by the commissioner.  The 
 58.17  commissioner shall attempt to maximize the use of innovative 
 58.18  methods to conduct the campaign. 
 58.19     Sec. 67.  [REVISOR'S INSTRUCTION.] 
 58.20     In each section of Minnesota Statutes referred to in column 
 58.21  A, the revisor of statutes shall delete the reference in column 
 58.22  B, and insert the reference in column C.  
 58.23     Column A       Column B               Column C
 58.24     84.83          84.912                 169.1217
 58.25     84.927         84.912                 169.1217
 58.26     86B.305        86B.331                169.121
 58.27     86B.811        86B.331                169.121
 58.28     97B.065        86B.331, subd. 4       169.121, subd. 2
 58.29     97B.066        86B.335, subds.        169.123, subds. 
 58.30                    8, 9, and 10           2b, 2c, and 3
 58.31     Sec. 68.  [APPROPRIATIONS.] 
 58.32     Subdivision 1.  [PUBLIC SAFETY.] $65,000 for the fiscal 
 58.33  year ending June 30, 1998, and $38,000 for the fiscal year 
 58.34  ending June 30, 1999, is appropriated from the trunk highway 
 58.35  fund to the commissioner of public safety for costs associated 
 58.36  with this act. 
 59.1      Subd. 2.  [ATTORNEY GENERAL.] $19,000 for the fiscal year 
 59.2   ending June 30, 1998 and $38,000 for the fiscal year ending June 
 59.3   30, 1999 is appropriated from the general fund to the attorney 
 59.4   general for costs associated with this act. 
 59.5      Sec. 69.  [REPEALER.] 
 59.6      Minnesota Statutes 1996, sections 84.873; 84.91, 
 59.7   subdivisions 2, 3, 4, 5, 5a, 6, 7, and 8; 84.911, subdivisions 
 59.8   1, 2, 3, 4, 5, and 6; 84.912; 84.9254; 86B.331, subdivisions 2, 
 59.9   3, 4, 5, 5a, 6, 7, and 8; 86B.335, subdivisions 1, 2, 3, 4, 5, 
 59.10  6, 7, 8, 9, 10, 11, and 12; 86B.337; 97B.066, subdivision 6; and 
 59.11  169.121, subdivision 3a, are repealed. 
 59.12     Sec. 70.  [EFFECTIVE DATE.] 
 59.13     Section 57 is effective August 1, 1997.  Sections 1 to 18, 
 59.14  20 to 54, 56, 58 to 67, and 69 are effective January 1, 1998, 
 59.15  and apply to violations occurring on or after that date.  
 59.16  However, violations occurring before January 1, 1998, which are 
 59.17  listed in Minnesota Statutes, section 169.121, subdivision 3, 
 59.18  paragraph (a), are considered prior impaired driving convictions 
 59.19  or prior license revocations for purposes of:  determining 
 59.20  conditional release, long-term monitoring, criminal penalties, 
 59.21  sentencing, and administrative licensing sanctions for a person 
 59.22  charged for or convicted of a violation occurring on or after 
 59.23  January 1, 1998. 
 59.24     Sections 19 and 55 are effective July 1, 1997, and apply to 
 59.25  vehicle registrations and driver's license reinstatements, 
 59.26  respectively, occurring on or after that date. 
 59.27     Repeal of civil penalty payment and enforcement provisions 
 59.28  in Minnesota Statutes, sections 84.911 and 86B.335, applies only 
 59.29  to refusals occurring on or after January 1, 1998.