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SF 3638

2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/30/2018 02:42pm

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A bill for an act
relating to public safety; fully incorporating snowmobiles, all-terrain vehicles, and
motorboats in operation into the DWI law; providing for increasing awareness of
carbon monoxide dangers in fish houses; amending Minnesota Statutes 2017
Supplement, sections 84.91, subdivision 1; 86B.331, subdivision 1; repealing
Minnesota Statutes 2016, section 169A.33, subdivision 1; Minnesota Statutes 2017
Supplement, section 169A.07.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2017 Supplement, section 84.91, subdivision 1, is amended
to read:


Subdivision 1.

Acts prohibited.

(a) No owner or other person having charge or control
of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person
knows or has reason to believe is under the influence of alcohol or a controlled substance
or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state
or on the ice of any boundary water of this state.

(b) No owner or other person having charge or control of any snowmobile or all-terrain
vehicle shall knowingly authorize or permit any person, who by reason of any physical or
mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain
vehicle anywhere in this state or on the ice of any boundary water of this state.

(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle
anywhere in this state or on the ice of any boundary water of this state is subject to chapter
169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted
of violating section 169A.20 or an ordinance in conformity with it while operating a
snowmobile or all-terrain vehicle
, or who refuses to comply with a lawful request to submit
to testing under sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity
with it, shall be prohibited from operating a snowmobile or all-terrain vehicle for a period
of one year. The commissioner shall notify the person of the time period during which the
person is prohibited from operating a snowmobile or all-terrain vehicle.

(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 97B.066 , subdivisions 7 to 9, if the person does not have a prior impaired driving
conviction or prior license revocation, as defined in section 169A.03 . Otherwise,
administrative and judicial review of the prohibition is governed by section 169A.53 or
171.177.

(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under:

(1) this section and chapters ;

(2) chapter 169 and relating to snowmobiles and all-terrain vehicles;

(3) chapter 169A relating to snowmobiles and all-terrain vehicles. ; and

(4) section 171.177.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain
vehicle during the time period the person is prohibited from operating a vehicle under
paragraph (c) is guilty of a misdemeanor.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to violations
committed on or after that date.

Sec. 2.

Minnesota Statutes 2017 Supplement, section 86B.331, subdivision 1, is amended
to read:


Subdivision 1.

Acts prohibited.

(a) An owner or other person having charge or control
of a motorboat may not authorize or allow an individual the person knows or has reason to
believe is under the influence of alcohol or a controlled or other substance to operate the
motorboat in operation on the waters of this state.

(b) An owner or other person having charge or control of a motorboat may not knowingly
authorize or allow a person, who by reason of a physical or mental disability is incapable
of operating the motorboat, to operate the motorboat in operation on the waters of this state.

(c) A person who operates or is in physical control of a motorboat on the waters of this
state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A,
a person who is convicted of violating section 169A.20 or an ordinance in conformity with
it while operating a motorboat, shall be prohibited from operating a motorboat on the waters
of this state for a period of 90 days between May 1 and October 31, extending over two
consecutive years if necessary. If the person operating the motorboat refuses to comply with
a lawful demand to submit to testing under sections 169A.50 to 169A.53 or 171.177, or an
ordinance in conformity with it, the person shall be prohibited from operating a motorboat
for a period of one year. The commissioner shall notify the person of the period during
which the person is prohibited from operating a motorboat.

(d) Administrative and judicial review of the operating privileges prohibition is governed
by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving
conviction or prior license revocation, as defined in section 169A.03. Otherwise,
administrative and judicial review of the prohibition
is governed by section 169A.53 or
171.177.

(e) The court shall promptly forward to the commissioner and the Department of Public
Safety copies of all convictions and criminal and civil sanctions imposed under: (1) this
section and chapters ; (2) chapter 169 and relating to motorboats; (3) chapter 169A relating
to motorboats
; and (4) section 171.177.

(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either
of them, is guilty of a misdemeanor.

(g) For purposes of this subdivision, a motorboat "in operation" does not include a
motorboat that is anchored, beached, or securely fastened to a dock or other permanent
mooring, or a motorboat that is being rowed or propelled by other than mechanical means.

EFFECTIVE DATE.

This section is effective August 1, 2018, and applies to crimes
committed on or after that date.

Sec. 3. CARBON MONOXIDE EXPOSURE; FISH HOUSES AND ICE SHELTERS;
REPORT.

The commissioner of natural resources must work with fish house and ice shelter
manufacturers and other interested parties to identify best practices to reduce fish house
and ice shelter user exposure to carbon monoxide. The commissioner must increase outreach
efforts relating to the dangers of carbon monoxide exposure in fish houses and report
recommendations to the chairs of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources policy by January 15,
2019.

Sec. 4. CITATION.

Section 3 may be known and cited as the "Sam Schooley Act."

Sec. 5. SHORT TITLE AND CITATION.

Sections 1, 2, and 6 may be cited as "Little Alan's Law."

Sec. 6. REPEALER.

(a) Minnesota Statutes 2017 Supplement, section 169A.07, is repealed.

(b) Minnesota Statutes 2016, section 169A.33, subdivision 1, is repealed.

EFFECTIVE DATE.

Paragraph (a) is effective August 1, 2018, and applies to crimes
committed on or after that date. Paragraph (b) is effective August 1, 2018, and applies to
offenses committed on or after that date.

APPENDIX

Repealed Minnesota Statutes: S3638-2

169A.07 FIRST-TIME DWI VIOLATOR; OFF-ROAD VEHICLE OR BOAT.

A person who violates section 169A.20 (driving while impaired) while using an off-road recreational vehicle or motorboat and who does not have a qualified prior impaired driving incident is subject only to the criminal penalty provided in section 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired); and loss of operating privileges as provided in section 84.91, subdivision 1 (operation of snowmobiles or all-terrain vehicles by persons under the influence of alcohol or controlled substances), or 86B.331, subdivision 1 (operation of motorboats while using alcohol or with a physical or mental disability), whichever is applicable. The person is not subject to the provisions of section 169A.275, subdivision 5 (submission to the level of care recommended in chemical use assessment for repeat offenders and offenders with alcohol concentration of 0.16 or more); 169A.277 (long-term monitoring); 169A.285 (penalty assessment); 169A.44 (conditional release); 169A.54 (impaired driving convictions and adjudications; administrative penalties); or 169A.54, subdivision 11 (chemical use assessment); the license revocation sanctions of sections 169A.50 to 169A.53 (implied consent law) or 171.177 (revocation; search warrant); or the plate impoundment provisions of section 169A.60 (administrative impoundment of plates).

169A.33 UNDERAGE DRINKING AND DRIVING.

Subdivision 1.

Definition.

As used in this section, "motor vehicle" does not include motorboats in operation or off-road recreational vehicles.

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