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SF 3770

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2020 04:28pm

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

Current Version - as introduced

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A bill for an act
relating to natural resources; providing uniformity in enforcing driving under the
influence provisions for certain recreational vehicles; providing criminal penalties;
amending Minnesota Statutes 2018, sections 84.795, subdivision 5; 84.83,
subdivision 5; 86B.705, subdivision 2; 97A.065, subdivision 2; 169A.03,
subdivision 18; 169A.20, subdivision 1; 169A.52, by adding a subdivision;
169A.54, by adding a subdivision; 171.306, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapters 84; 86B; 171; repealing
Minnesota Statutes 2018, section 169A.20, subdivisions 1a, 1b, 1c; Minnesota
Statutes 2019 Supplement, sections 84.91, subdivision 1; 86B.331, subdivision 1.

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

Section 1.

new text begin [84.765] OPERATING OFF-ROAD RECREATIONAL VEHICLES
WHILE IMPAIRED OR WITH A PHYSICAL OR MENTAL DISABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, "controlled substance," "intoxicating
substance," and "off-road recreational vehicle" have the meanings given in section 169A.03.
new text end

new text begin Subd. 2. new text end

new text begin Acts prohibited. new text end

new text begin (a) An owner or other person having charge or control of an
off-road recreational vehicle must not authorize or allow an individual the person knows
or has reason to believe is under the influence of alcohol, a controlled substance, or an
intoxicating substance to operate the off-road recreational vehicle anywhere in the state or
on the ice of a boundary water of the state.
new text end

new text begin (b) An owner or other person having charge or control of an off-road recreational vehicle
must not knowingly authorize or allow a person who by reason of any physical or mental
disability is incapable of operating the vehicle to operate the off-road recreational vehicle
anywhere in the state or on the ice of a boundary water of the state.
new text end

new text begin (c) A person who operates or is in physical control of an off-road recreational vehicle
anywhere in the state or on the ice of a boundary water of the state is subject to chapter
169A.
new text end

new text begin (d) The provisions of chapters 169A, 171, and 609 relating to revoking, suspending, or
canceling a driver's license, an instruction permit, or a nonresident operating privilege for
alcohol, controlled substance, or intoxicating substance violations apply to operators of
off-road recreational vehicles and operating privileges for off-road recreational vehicles.
new text end

new text begin (e) The commissioner of public safety must notify a person of the period during which
the person is prohibited from operating an off-road recreational vehicle under section
169A.52, 169A.54, or 171.177.
new text end

new text begin (f) The court must promptly forward to the commissioner of public safety copies of all
convictions and criminal and civil sanctions imposed under chapter 169A and section
171.177.
new text end

new text begin (g) If the person operating or in physical control of an off-road recreational vehicle is a
program participant in the ignition interlock device program described in section 171.306,
the off-road recreational vehicle may be operated only if it is equipped with an approved
ignition interlock device and all requirements of section 171.306 are satisfied. For purposes
of this paragraph, "program participant" and "ignition interlock device" have the meanings
given in section 171.306, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 2, paragraph (a) or (b), or an
ordinance conforming to subdivision 2, paragraph (a) or (b), is guilty of a misdemeanor.
new text end

new text begin (b) A person who operates an off-road recreational vehicle during the period the person
is prohibited from operating an off-road recreational vehicle under subdivision 2, paragraph
(e), is subject to the penalty provided in section 171.24.
new text end

Sec. 2.

Minnesota Statutes 2018, section 84.795, subdivision 5, is amended to read:


Subd. 5.

Operating under influence of alcohol or controlled substance.

A person
may not operate or be in control of an off-highway motorcycle anywhere in this state or on
the ice of any boundary water of this state while under the influence of alcohol or a controlled
substance, as provided in section 169A.20, and is subject to sections 169A.50 to 169A.53
or 171.177. deleted text beginA conservation officer of the Department of Natural Resources is a peace officer
for the purposes of sections 169A.20 and 169A.50 to 169A.53 or 171.177 as applied to the
operation of an off-highway motorcycle in a manner not subject to registration under chapter
168.
deleted text end

Sec. 3.

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 deleted text begin84.91deleted text endnew text begin 84.90new text end 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 must be deposited in
the state treasury. Half the receipts must be credited to the general fund, and half the receipts
must be credited to the snowmobile trails and enforcement account in the natural resources
fund.
new text end

Sec. 4.

new text begin [86B.33] OPERATING WHILE IMPAIRED OR WITH A PHYSICAL OR
MENTAL DISABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, "controlled substance,"
"intoxicating substance," and "motorboat in operation" have the meanings given under
section 169A.03.
new text end

new text begin Subd. 2. new text end

new text begin Acts prohibited. new text end

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

new text begin (b) An owner or other person having charge or control of a motorboat must 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 waters of the state.
new text end

new text begin (c) A person who operates or is in physical control of a motorboat on waters of the state
is subject to chapter 169A.
new text end

new text begin (d) The provisions of chapters 169A, 171, and 609 relating to revoking, suspending, or
canceling a driver's license, an instruction permit, or a nonresident operating privilege for
alcohol, controlled substance, or intoxicating substance violations apply to motorboat
operators and to operating privileges for motorboats.
new text end

new text begin (e) The commissioner of public safety must notify a person of the period during which
the person is prohibited from operating a motorboat under section 169A.52, 169A.54, or
171.177.
new text end

new text begin (f) The court must promptly forward to the commissioner of public safety copies of all
convictions and criminal and civil sanctions imposed under chapter 169A and section
171.177.
new text end

new text begin (g) If the person operating or in physical control of a motorboat is a program participant
in the ignition interlock device program described in section 171.306, the motorboat may
be operated only if it is equipped with an approved ignition interlock device and all
requirements of section 171.306 are satisfied. For purposes of this paragraph, "program
participant" and "ignition interlock device" have the meanings given in section 171.306,
subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 2, paragraph (a) or (b), or an
ordinance conforming with subdivision 2, paragraph (a) or (b), is guilty of a misdemeanor.
new text end

new text begin (b) A person who operates a motorboat during the period the person is prohibited from
operating a motorboat under subdivision 2, paragraph (e), is guilty of a misdemeanor.
new text end

Sec. 5.

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 deleted text beginviolations ofdeleted text endnew text begin violatingnew text end this chapter or rules
adopted thereunderdeleted text begin, or of a violation of section 169A.20 involving a motorboat, shalldeleted text endnew text begin mustnew text end
be deposited in the state treasury.

(b) deleted text beginOne-half ofdeleted text endnew text begin Halfnew text end the receipts deleted text beginshalldeleted text endnew text begin mustnew text end be credited to the general deleted text beginrevenuedeleted text end funddeleted text begin. The
other one-half of
deleted text endnew text begin, and halfnew text end the receipts deleted text beginshalldeleted text endnew text begin mustnew text end be deleted text begintransmitted to the commissioner of
natural resources and
deleted text end credited to the water recreation account for the purpose of boat and
water safety.

Sec. 6.

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; sections 84.091 to
84.15 or rules adopted thereunder; deleted text beginsections 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 one-half of
deleted text endnew text begin deposited in the state treasury.
Half
new text end the receipts deleted text beginto the commissioner and credit 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 must be credited to
the general fund, and half the receipts must be 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

Sec. 7.

Minnesota Statutes 2018, section 169A.03, subdivision 18, is amended to read:


Subd. 18.

Peace officer.

"Peace officer" means:

(1) a State Patrol officer;

(2)new text begin anew text end University of Minnesota peace officer;

(3)new text begin anew text end police officer of any municipality, including towns having powers under section
368.01, or county; and

(4) deleted text beginfor purposes of violations of this chapter in or on an off-road recreational vehicle or
motorboat, or for violations of section 97B.065 or 97B.066,
deleted text end a state conservation officer.

Sec. 8.

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


Subdivision 1.

Driving while impaired crime; motor vehicle.

It is a crime for any
person to drive, operate, or be in physical control of any motor vehicle, as defined in section
169A.03, subdivision 15, deleted text beginexcept 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.

Sec. 9.

Minnesota Statutes 2018, section 169A.52, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Off-road recreational vehicles and motorboats. new text end

new text begin (a) The provisions of this
section for revoking a driver's license, permit, or nonresident operating privilege also apply
to the operating privilege for an off-road recreational vehicle and a motorboat.
new text end

new text begin (b) Upon certification by a peace officer under subdivision 3, paragraph (a), or subdivision
4, paragraph (a) or (c), the commissioner must notify a person that the person is prohibited
from operating off-road recreational vehicles and motorboats for the period provided in
subdivision 3, paragraph (a), or subdivision 4, paragraph (a).
new text end

Sec. 10.

Minnesota Statutes 2018, section 169A.54, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Off-road recreational vehicles and motorboats. new text end

new text begin (a) The provisions of this
section for revoking a driver's license or nonresident operating privilege also apply to the
operating privilege for an off-road recreational vehicle and a motorboat.
new text end

new text begin (b) Upon conviction, the commissioner must notify a person that the person is prohibited
from operating off-road recreational vehicles and motorboats for the same period that the
person's driver's license or operating privilege is revoked or canceled under this section.
new text end

Sec. 11.

new text begin [171.188] DRIVING WHILE IMPAIRED REVOCATION AND
PROHIBITION; OFF-ROAD RECREATIONAL VEHICLES AND MOTORBOATS.
new text end

new text begin (a) The provisions of this chapter for revoking or canceling a driver's license or
nonresident driving privilege for alcohol, controlled substance, or intoxicating substance
violations also apply to the operating privileges for off-road recreational vehicles and
motorboats.
new text end

new text begin (b) Upon conviction, the commissioner must notify a person that the person is prohibited
from operating off-road recreational vehicles and motorboats for the same period that the
person's driver's license or driving privilege is revoked or canceled for the alcohol, controlled
substance, or intoxicating substance conviction.
new text end

Sec. 12.

Minnesota Statutes 2018, section 171.306, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Off-road recreational vehicles and motorboats. new text end

new text begin A program participant in
the ignition interlock device program may operate an off-road recreational vehicle or a
motorboat only if it is equipped with an approved ignition interlock device as provided
under this section and sections 84.765, subdivision 2, and 86B.33, subdivision 2.
new text end

Sec. 13. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall make necessary changes to statutory cross-references to
reflect the changes made in sections 1 to 12. If necessary, the revisor shall prepare a bill for
introduction in the 2021 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. 14. 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 and new text end new text begin Minnesota
Statutes 2019 Supplement, sections 84.91, subdivision 1; and 86B.331, subdivision 1,
new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-5654

84.91 OPERATING SNOWMOBILES AND ALL-TERRAIN VEHICLES; PERSONS UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCES.

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, or who refuses to comply with a lawful request to submit to testing or fails a test lawfully administered under sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity with any of these sections, is prohibited from operating a snowmobile or all-terrain vehicle for one year. The commissioner shall notify the person of the 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 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;

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

(3) chapter 169A; 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.

86B.331 OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH A PHYSICAL OR MENTAL DISABILITY.

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, or who fails a test lawfully administered under sections 169A.50 to 169A.53 or 171.177, or an ordinance in conformity with any of these sections, is prohibited from operating a motorboat on the waters of this state for 90 days between May 1 and October 31, extending over two consecutive years if necessary. If the person 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 any of these sections, the person is prohibited from operating a motorboat for 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 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; (2) chapter 169 relating to motorboats; (3) chapter 169A; 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.

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.