Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 368-H.F.No. 1015 
           An act relating to motorboat and motor vehicle safety; 
          providing for enforcement of sanctions for operation 
          of snowmobiles, all-terrain vehicles, and motorboats 
          while under the influence of alcohol or a controlled 
          substance; providing for revocation of privilege to 
          operate snowmobile or all-terrain vehicle as sanction 
          for implied consent violation; amending Minnesota 
          Statutes 1986, sections 84.87, subdivision 2, and by 
          adding a subdivision; 84.928, subdivision 3; 169.121, 
          by adding a subdivision; 361.121, subdivisions 2 and 
          3, and by adding subdivisions; proposing coding for 
          new law in Minnesota Statutes, chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 84.87, 
subdivision 2, is amended to read:  
    Subd. 2.  [OPERATION GENERALLY.] It shall be unlawful for 
any person to drive or operate any snowmobile in the following 
unsafe or harassing ways: 
    (a) At a rate of speed greater than reasonable or proper 
under all the surrounding circumstances; 
    (b) In a careless, reckless or negligent manner so as to 
endanger the person or property of another or to cause injury or 
damage thereto; 
    (c) While under the influence of an alcoholic beverage or a 
controlled substance; 
    (d) Without a lighted head and tail light when required for 
safety; 
    (e) (d) In any tree nursery or planting in a manner which 
damages or destroys growing stock. 
    Sec. 2.  Minnesota Statutes 1986, section 84.87, is amended 
by adding a subdivision to read: 
    Subd. 2b.  [OPERATING UNDER INFLUENCE OF ALCOHOL OR 
CONTROLLED SUBSTANCE.] A person in control of or operating a 
snowmobile under the influence of alcohol or a controlled 
substance is governed by the prohibitions and chemical testing 
requirements of sections 3 and 4 and is punishable in accordance 
with those sections. 
    Sec. 3.  [84.91] [OPERATION OF SNOWMOBILES AND ALL-TERRAIN 
VEHICLES UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED 
SUBSTANCES.] 
    Subdivision 1.  [ACTS PROHIBITED.] (a) No person shall 
operate or be in physical control of any snowmobile or 
all-terrain vehicle anywhere in this state or on the ice of any 
boundary water of this state while under the influence of: 
    (1) alcohol, as provided in section 169.121, subdivision 1, 
clauses (a) and (d);  
    (2) a controlled substance, as defined in section 152.01, 
subdivision 4; or 
    (3) a combination of any two or more of the elements named 
in clauses (1) and (2).  
    (b) 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, as 
provided under paragraph (a), to operate the snowmobile or 
all-terrain vehicle anywhere in this state or on the ice of any 
boundary water of this state. 
    (c) 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. 
    Subd. 2.  [ARREST.] Conservation officers of the department 
of natural resources, sheriffs, sheriff's deputies, and other 
peace officers may arrest a person for a violation under 
subdivision 1 without a warrant upon probable cause, if the 
violation was committed in the officer's presence.  If the 
violation did not occur in the officer's presence, the officer 
may arrest the person if the person was involved in a snowmobile 
or all-terrain vehicle accident resulting in death, personal 
injury, or property damage. 
    Subd. 3.  [PRELIMINARY SCREENING TEST.] When an officer 
authorized under subdivision 2 to make arrests has reason to 
believe from the manner in which a person is operating, 
controlling, or acting upon departure from a snowmobile or 
all-terrain vehicle, or has operated or been in control of the 
vehicle, that the operator may be violating or has violated 
subdivision 1, paragraph (a), the officer may require the 
operator to provide a breath sample for a preliminary screening 
test using a device approved by the commissioner of public 
safety for this purpose.  The results of the preliminary 
screening test shall be used for the purpose of deciding whether 
an arrest should be made under this section and whether to 
require the chemical tests authorized in section 4, but may not 
be used in any court action except to prove that a test was 
properly required of an operator under section 4.  Following the 
preliminary screening test, additional tests may be required of 
the operator as provided under section 4.  An operator who 
refuses a breath sample is subject to the provisions of section 
4 unless, in compliance with that section, the operator submits 
to a blood, breath, or urine test to determine the presence of 
alcohol or a controlled substance. 
    Subd. 4.  [EVIDENCE.] In a prosecution for a violation of 
subdivision 1, paragraph (a), the admission of evidence of the 
amount of alcohol or a controlled substance in the person's 
blood, breath, or urine, is governed by section 361.12, 
subdivision 4. 
    Subd. 5.  [PENALTIES.] (a) A person who violates any 
prohibition contained in subdivision 1 is guilty of a 
misdemeanor.  A person who violates any prohibition contained in 
subdivision 1 within five years of a prior conviction under that 
subdivision or civil liability under section 4, subdivision 2, 
or within ten years of two or more prior convictions under that 
subdivision or civil liability under section 4, subdivision 2, 
is guilty of a gross misdemeanor. 
    (b) A person who operates a snowmobile or all-terrain 
vehicle during the period the person is prohibited from 
operating the vehicle under subdivision 6 is guilty of a 
misdemeanor. 
    Subd. 6.  [OPERATING PRIVILEGES SUSPENDED.] Upon 
conviction, and in addition to any penalty imposed under 
subdivision 5, the person is prohibited for one year from 
operating a snowmobile or all-terrain vehicle, whichever was 
involved in the violation.  
    Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
promptly forward to the commissioner copies of all convictions 
and criminal and civil penalties imposed under subdivision 5 and 
section 4, subdivision 2.  The commissioner shall notify the 
convicted person of the period during which the person is 
prohibited from operating a snowmobile or all-terrain vehicle 
under subdivision 6 or section 4, subdivision 2.  The 
commissioner shall also periodically circulate to appropriate 
law enforcement agencies a list of all persons who are 
prohibited from operating a snowmobile or all-terrain vehicle 
under subdivision 6 or section 4, subdivision 2. 
    Subd. 8.  [IMMUNITY FROM LIABILITY.] The state or political 
subdivision that employs an officer who is authorized under 
subdivision 2 to make an arrest for violations of subdivision 1 
is immune from any liability, civil or criminal, for the care or 
custody of the snowmobile or all-terrain vehicle being operated 
by or in the physical control of the person arrested if the 
officer acts in good faith and exercises due care. 
    Sec. 4.  [84.911] [CHEMICAL TESTING.] 
    Subdivision 1.  [MANDATORY CHEMICAL TESTING.] 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 required, subject to the 
provisions of this section, to take or submit to a test of the 
person's blood, breath, or urine for the purpose of determining 
the presence and amount of alcohol or a controlled substance.  
The test shall be administered at the direction of an officer 
authorized to make arrests under section 3, subdivision 2.  
Taking or submitting to the test is mandatory when requested by 
an officer who has probable cause to believe the person was 
operating or in physical control of a snowmobile or all-terrain 
vehicle in violation of section 3, subdivision 1, paragraph (a), 
and one of the following conditions exists: 
    (1) the person has been lawfully placed under arrest for 
violating section 3, subdivision 1, paragraph (a); 
    (2) the person has been involved while operating a 
snowmobile or all-terrain vehicle in an accident resulting in 
property damage, personal injury, or death; 
    (3) the person has refused to take the preliminary 
screening test provided for in section 3, subdivision 3; or 
    (4) the screening test was administered and recorded an 
alcohol concentration of 0.10 or more. 
    Subd. 2.  [PENALTIES; REFUSAL; REVOCATION OF SNOWMOBILE OR 
ALL-TERRAIN VEHICLE OPERATING PRIVILEGE.] (a) If a person 
refuses to take a test required under subdivision 1, none must 
be given, but the officer authorized to make arrests under 
section 3, subdivision 2, shall report the refusal to the 
commissioner of natural resources and to the authority having 
responsibility for prosecution of misdemeanor offenses for the 
jurisdiction in which the incident occurred that gave rise to 
the test demand and refusal. 
    On certification by the officer that probable cause existed 
to believe the person had been operating or in physical control 
of a snowmobile or all-terrain vehicle while under the influence 
of alcohol or a controlled substance, and that the person 
refused to submit to testing, the commissioner shall impose a 
civil penalty of $500 and shall prohibit the person from 
operating a snowmobile or all-terrain vehicle, whichever was 
involved in the violation, for a period of one year.  
    On behalf of the commissioner, an officer requiring a test 
or directing the administration of a test shall serve on a 
person who refused to permit a test immediate notice of 
intention to prohibit the operation of a snowmobile or 
all-terrain vehicle, and to impose the civil penalty set forth 
in this subdivision.  If the officer fails to serve a notice of 
intent to suspend operating privileges, the commissioner may 
notify the person by mail, and the notice is deemed received 
three days after mailing.  The notice must advise the person of 
the right to obtain administrative and judicial review as 
provided in this section.  The prohibition imposed by the 
commissioner takes effect ten days after receipt of the notice.  
The civil penalty is imposed on receipt of the notice and must 
be paid within 30 days of imposition.  
    (b) A person who operates a snowmobile or all-terrain 
vehicle during the period the person is prohibited from 
operating the vehicle as provided under paragraph (a) is guilty 
of a misdemeanor. 
    Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
requested, the person must be informed: 
    (1) that Minnesota law requires a person to take a test to 
determine if the person is under the influence of alcohol or a 
controlled substance; 
    (2) that if the person refuses to take the test, the person 
is subject to a civil penalty of $500 and is prohibited for a 
one-year period from operating a snowmobile or an all-terrain 
vehicle, as provided under subdivision 2; 
    (3) that if testing is refused it will not affect the 
person's motor vehicle driver's license; 
    (4) that if the test is taken and the results indicate that 
the person is under the influence of alcohol or a controlled 
substance, the person will be subject to criminal penalties and 
in addition to any other penalties the court may impose, the 
person's operating privileges will be suspended as provided 
under section 3, subdivision 6; 
    (5) that, after submitting to testing, the person has the 
right to have additional tests made by someone of the person's 
own choosing; and 
    (6) that a refusal to take a test will be offered into 
evidence against the person at trial. 
    Subd. 4.  [REQUIREMENT OF URINE TEST.] Notwithstanding 
subdivision 1, if there is probable cause to believe there is 
impairment by a controlled substance that is not subject to 
testing by a breath test, a blood or urine test may be required 
even after a breath test has been administered. 
    Subd. 5.  [CHEMICAL TESTS.] Chemical tests administered 
under this section are governed by section 361.121, subdivisions 
5, 6, and 7. 
    Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
ENFORCEMENT.] Judicial and administrative review of sanctions 
imposed under this section is governed by sections 8, 9, and 
10.  Payment and enforcement of the civil penalty imposed under 
this section is governed by sections 12 and 13. 
    Sec. 5.  Minnesota Statutes 1986, section 84.928, 
subdivision 3, is amended to read:  
    Subd. 3.  [OPERATING UNDER INFLUENCE OF ALCOHOL OR 
CONTROLLED SUBSTANCE.] A person may not operate or be in control 
of an all-terrain vehicle 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 
169.121, subdivision 1, or a controlled substance defined in 
section 152.01, subdivision 4.  A person violating this 
subdivision is guilty of a crime and is punishable in accordance 
with the provisions of section 169.121, subdivisions 3 and is 
subject to section 4. 
    Sec. 6.  Minnesota Statutes 1986, section 169.121, is 
amended by adding a subdivision to read: 
     Subd. 11.  [APPLICABILITY.] For purposes of this section 
and section 169.123, "motor vehicle" does not include a 
snowmobile as defined in section 84.81, or an all-terrain 
vehicle as defined in section 84.92. 
    Sec. 7.  Minnesota Statutes 1986, section 361.121, 
subdivision 2, is amended to read:  
    Subd. 2.  [PENALTIES; REFUSAL; REVOCATION OF MOTORBOAT 
OPERATING PRIVILEGE.] (a) If a person who refuses to take a test 
required under subdivision 1 is subject to a civil penalty not 
to exceed $700 and, in addition, the person is prohibited from 
operating any motorboat on the waters of this state for a period 
of one year, none must be given, but the officer authorized to 
make arrests under section 361.12, subdivision 2, shall report 
the refusal to the commissioner of natural resources and to the 
authority having responsibility for prosecution of misdemeanor 
offenses for the jurisdiction in which the incident occurred 
that gave rise to the test demand and refusal. 
    On certification by the officer that probable cause existed 
to believe the person had been operating or in physical control 
of a motorboat while under the influence of alcohol or a 
controlled substance, and that the person refused to submit to 
testing, the commissioner shall impose a civil penalty of $500 
and shall prohibit the person from operating any motorboat on 
the waters of this state for a period of one year.  If the 
person refusing to submit to testing is under the age of 18 
years at the time of the refusal, the person's watercraft 
operator's permit shall be revoked by the commissioner as set 
forth in this subdivision and a new permit after the revocation 
must be issued only after the person successfully completes a 
watercraft safety course.  
    On behalf of the commissioner, an officer requiring a test 
or directing the administration of a test shall serve on a 
person who refused to permit a test immediate notice of 
intention to impose the civil penalty set forth in this 
subdivision, to prohibit the operation of motorboats, and to 
revoke a watercraft operator's permit.  The officer shall take 
any watercraft operator's permit held by the person, and shall 
send the permit to the commissioner along with the certification 
provided for in this subdivision.  If the officer fails to serve 
a notice of intent to revoke, the commissioner may notify the 
person by mail, and the notice is deemed received three days 
after mailing.  The notice must advise the person of the right 
to obtain administrative and judicial review as provided in this 
section.  The prohibition and revocation, if any, shall take 
effect ten days after receipt of the notice.  The civil penalty 
is imposed on receipt of the notice, and shall be paid within 30 
days of imposition.  
    (b) A person who operates a motorboat on the waters of this 
state during the period the person is prohibited from operating 
any motorboat as provided under paragraph (a) is guilty of a 
misdemeanor. 
    Sec. 8.  Minnesota Statutes 1986, section 361.121, is 
amended by adding a subdivision to read: 
     Subd. 2a.  [ADMINISTRATIVE REVIEW.] At any time during the 
period of prohibition or revocation imposed under this section, 
the person may request in writing a review of the order imposing 
sanctions under this section.  If the person makes a request for 
administrative review within 30 days following receipt of a 
notice and order imposing sanctions, the request shall stay 
imposition of the civil penalty.  Upon receiving the request for 
review, the commissioner or the commissioner's designee shall 
review the order, the evidence upon which the order was based, 
and any other material information brought to the attention of 
the commissioner, and determine whether sufficient cause exists 
to sustain the order.  Within 15 days after receiving the 
request, the commissioner shall issue a written report ordering 
that the prohibition, revocation, or civil penalty be either 
sustained or rescinded.  The review provided in this subdivision 
is not subject to the contested case provisions of the 
administrative procedure act in sections 14.01 to 14.70.  The 
availability of administrative review has no effect upon the 
availability of judicial review under this section. 
    Sec. 9.  Minnesota Statutes 1986, section 361.121, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [JUDICIAL REVIEW.] Within 30 days following 
receipt of a notice and order imposing sanctions under this 
section, a person may petition the court for review.  The 
petition must be filed with the court administrator of the 
county, municipal, or unified trial court in the county where 
the incident occurred which gave rise to the test demand and 
refusal, together with proof of service of a copy on the 
commissioner and the prosecuting authority for misdemeanor 
offenses for the jurisdiction in which the incident occurred.  A 
responsive pleading is not required of the commissioner of 
natural resources, and court fees may not be charged for the 
appearance of the representative of the commissioner in the 
matter. 
    The petition must be captioned in the name of the person 
making the petition as petitioner and the commissioner as 
respondent.  The petition must state specifically the grounds 
upon which the petitioner seeks rescission of the order imposing 
sanctions.  
    The filing of the petition does not stay the revocation or 
prohibition against operation of a motorboat.  However, the 
filing of a petition stays imposition of the civil penalty.  The 
judicial review shall be conducted according to the rules of 
civil procedure. 
    Sec. 10.  Minnesota Statutes 1986, section 361.121, is 
amended by adding a subdivision to read: 
    Subd. 2c.  [HEARING.] A hearing under this section must be 
before a municipal, county, or unified trial court judge in the 
county where the incident occurred which gave rise to the test 
demand and refusal.  The hearing must be to the court, and may 
be conducted at the same time as hearings upon pretrial motions 
in the criminal prosecution under section 361.12.  The hearing 
must be recorded.  The commissioner must be represented by the 
prosecuting authority for misdemeanor offenses for the 
jurisdiction in which the incident occurred which gave rise to 
the test demand and refusal. 
    The hearing must be held at the earliest practicable date 
and in any event no later than 60 days following the filing of 
the petition for review.  The reviewing court may order a 
temporary stay of the balance of the prohibition or revocation 
if the hearing has not been conducted within 60 days after 
filing of the petition, upon the application of the petitioner 
and upon terms the court deems proper. 
    The scope of the hearing must be limited to the issues of: 
    (1) whether the officer had probable cause to believe that 
the person was operating or in physical control of a motorboat 
in violation of section 361.12; 
    (2) whether one of the conditions in subdivision 1 existed; 
    (3) whether the person was informed as prescribed in 
subdivision 3; and 
    (4) whether the person refused to submit to testing. 
    It is an affirmative defense for the petitioner to prove 
that, at the time of the refusal, the petitioner's refusal to 
permit the test was based upon reasonable grounds. 
    The court shall order that the prohibition or revocation be 
either sustained or rescinded, and shall either sustain or 
rescind the civil penalty.  The court shall forward a copy of 
the order to the commissioner. 
    Sec. 11.  Minnesota Statutes 1986, section 361.121, 
subdivision 3, is amended to read: 
    Subd. 3.  [RIGHTS AND OBLIGATIONS.] At the time a test is 
requested, the person must be informed: 
    (1) that Minnesota law requires a person to take a test to 
determine if the person is under the influence of alcohol or a 
controlled substance; 
    (2) that a person is subject to a civil penalty not to 
exceed $700 of $500 for refusing to take the test and, in 
addition, the person is prohibited from operating any motorboat, 
as provided under subdivision 2, for refusing to take the test; 
    (3) that if testing is refused it will not affect the 
person's motor vehicle driver's license; 
    (4) that if the test is taken and the results indicate that 
the person is under the influence of alcohol or a controlled 
substance, the person will be subject to criminal penalties and 
in addition to any other penalties the court may impose, the 
person's operating privileges will be suspended as provided 
under section 361.12, subdivision 6, paragraph (a); 
    (5) that, after submitting to testing, the person has the 
right to have additional tests made by someone of the person's 
own choosing; and 
    (6) that a refusal to take a test will be offered into 
evidence against the person at trial. 
    Sec. 12.  Minnesota Statutes 1986, section 361.121, is 
amended by adding a subdivision to read: 
    Subd. 8.  [CIVIL PENALTY; PAYMENT.] The civil penalty 
imposed under subdivision 2 must be paid to the political 
subdivision that represents the commissioner on the petition for 
judicial review or, in the event that no petition is filed, to 
the political subdivision that would have represented the 
commissioner had a petition been filed.  If a person does not 
pay the civil penalty, the prohibition against operating 
motorboats is automatically extended until the political 
subdivision reports in writing to the commissioner that the 
penalty has been paid. 
    Sec. 13.  Minnesota Statutes 1986, section 361.121, is 
amended by adding a subdivision to read: 
    Subd. 9.  [CIVIL PENALTY; ENFORCEMENT.] If a person does 
not pay the civil penalty imposed under subdivision 2 within 30 
days of the time the penalty was imposed, the prosecuting 
authority representing the commissioner may petition the 
municipal, county, or unified court in the jurisdiction where 
the incident occurred to file the order imposing the civil 
penalty as an order of the court.  Once entered, the order may 
be enforced in the same manner as a final judgment of the court. 
In addition to the penalty, attorney's fees, costs, and interest 
may be assessed against any person who fails to pay the civil 
penalty. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective August 1, 1987.  Sections 7 
to 13 are effective the day following final enactment, and apply 
to all proceedings begun on or after that date. 
    Approved June 2, 1987