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Minnesota Legislature

Office of the Revisor of Statutes

SF 1855

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 02:55pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; consolidating various DWI provisions; modifying fine
distribution for certain DWIs committed in recreational vehicles; amending
Minnesota Statutes 2018, sections 84.83, subdivision 5; 86B.705, subdivision 2;
97A.065, subdivision 2; 169A.20, subdivision 1; repealing Minnesota Statutes
2018, section 169A.20, subdivisions 1a, 1b, 1c.

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

Section 1.

Minnesota Statutes 2018, section 84.83, subdivision 5, is amended to read:


Subd. 5.

Fines and forfeited bail.

deleted text beginThe disposition ofdeleted text end Fines and forfeited bail collected
from prosecutions of violations of sections 84.81 to 84.91 or rules adopted thereunderdeleted text begin, and
violations of section 169A.20 that involve off-road recreational vehicles, as defined in
section 169A.03, subdivision 16, are governed by section 97A.065
deleted text endnew text begin shall be deposited in the
state treasury. One-half of the receipts shall be credited to the state general fund. The other
one-half shall be transmitted to the commissioner of natural resources and credited to the
snowmobile trails and enforcement account in the natural resources fund
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 86B.705, subdivision 2, is amended to read:


Subd. 2.

Fines and bail money.

(a) All fines, installment payments, and forfeited bail
money collected from persons convicted of violations of this chapter or rules adopted
thereunderdeleted text begin, or of a violation of section 169A.20 involving a motorboat,deleted text end shall be deposited
in the state treasury.

(b) One-half of the receipts shall be credited to the general revenue fund. The other
one-half of the receipts shall be transmitted to the commissioner of natural resources and
credited to the water recreation account for the purpose of boat and water safety.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 97A.065, subdivision 2, is amended to read:


Subd. 2.

Fines and forfeited bail.

deleted text begin(a)deleted text end Fines and forfeited bail collected from prosecutions
of violations of: the game and fish laws or rules adopted thereunder; deleted text beginsections 84.091 to
84.15 or rules adopted thereunder; sections 84.81 to 84.91 or rules adopted thereunder;
section 169A.20, when the violation involved an off-road recreational vehicle as defined
in section 169A.03, subdivision 16;
deleted text end chapter 348; and any other law relating to wild animals
or aquatic vegetation, must be deleted text beginpaid to the treasurer of the county where the violation is
prosecuted. The county treasurer shall submit
deleted text end new text begindeposited in the state treasury. new text endOne-half of
the receipts new text beginshall be credited to the state general fund. The other one-half shall be transmitted
new text end to the commissioner and deleted text begincredit the balance to the county general revenue fund except as
provided in paragraphs (b) and (c). In a county in a judicial district under section 480.181,
subdivision 1
, paragraph (b), the share that would otherwise go to the county under this
paragraph must be submitted to the commissioner of management and budget for deposit
in the state treasury and credited to the general fund
deleted text endnew text begin credited to the game and fish fund
under section 97A.055
new text end.

deleted text begin (b) The county treasurer shall submit one-half of the receipts collected under paragraph
(a) from prosecutions of violations of sections 84.81 to 84.91 or rules adopted thereunder,
and 169A.20, except receipts that are surcharges imposed under section 357.021, subdivision
6
, to the commissioner and credit the balance to the county general fund. The commissioner
shall credit these receipts to the snowmobile trails and enforcement account in the natural
resources fund.
deleted text end

deleted text begin (c) The county treasurer shall indicate the amount of the receipts that are surcharges
imposed under section 357.021, subdivision 6, and shall submit all of those receipts to the
commissioner of management and budget.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 169A.20, subdivision 1, is amended to read:


Subdivision 1.

Driving while impaired crimedeleted text begin; motor vehicledeleted text end.

It is a crime for any
person to drive, operate, or be in physical control of any motor vehicledeleted text begin, as defined in section
169A.03, subdivision 15, except for motorboats in operation and off-road recreational
vehicles,
deleted text end within this state or on any boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substance;

(3) the person is under the influence of an intoxicating substance and the person knows
or has reason to know that the substance has the capacity to cause impairment;

(4) the person is under the influence of a combination of any two or more of the elements
named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours of
the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or
more;

(6) the vehicle is a commercial motor vehicle and the person's alcohol concentration at
the time, or as measured within two hours of the time, of driving, operating, or being in
physical control of the commercial motor vehicle is 0.04 or more; or

(7) the person's body contains any amount of a controlled substance listed in Schedule
I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 5. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall make necessary changes in statutory cross-references to
accommodate the changes made in sections 4 and 6. If necessary, the revisor shall prepare
a bill for introduction in the 2020 legislative session to make other necessary conforming
changes that are beyond the scope of the revisor's authority to make editorial changes under
this section or other law.
new text end

Sec. 6. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 169A.20, subdivisions 1a, 1b, and 1c, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019, and applies to crimes
committed on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-4141

169A.20 DRIVING WHILE IMPAIRED.

Subd. 1a.

Driving while impaired crime; motorboat in operation.

It is a crime for any person to operate or be in physical control of a motorboat in operation on any waters or boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substance;

(3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or more; or

(6) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Subd. 1b.

Driving while impaired crime; snowmobile and all-terrain vehicle.

It is a crime for any person to operate or be in physical control of a snowmobile as defined in section 84.81, subdivision 3, or all-terrain vehicle as defined in section 84.92, subdivision 8, anywhere in this state or on the ice of any boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substance;

(3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the snowmobile or all-terrain vehicle is 0.08 or more; or

(6) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Subd. 1c.

Driving while impaired crime; off-highway motorcycle and off-road vehicle.

It is a crime for any person to operate or be in physical control of any off-highway motorcycle as defined in section 84.787, subdivision 7, or any off-road vehicle as defined in section 84.797, subdivision 7, anywhere in this state or on the ice of any boundary water of this state when:

(1) the person is under the influence of alcohol;

(2) the person is under the influence of a controlled substance;

(3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);

(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the off-highway motorcycle or off-road vehicle is 0.08 or more; or

(6) the person's body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.