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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1992 

                        CHAPTER 570-S.F.No. 897 
           An act relating to driving while intoxicated; making 
          it a crime to refuse to submit to testing under the 
          implied consent law; expanding the scope of the 
          administrative plate impoundment law; authorizing the 
          forfeiture of vehicles used to commit certain repeat 
          DWI offenses; increasing certain license revocation 
          periods; revising the implied consent advisory; 
          imposing waiting periods on the issuance of limited 
          licenses; increasing certain fees; updating laws 
          relating to operating a snowmobile, all-terrain 
          vehicle, motorboat, or aircraft, and to hunting, while 
          intoxicated; imposing penalties for hunting while 
          intoxicated; changing sentencing provisions; 
          appropriating money; amending Minnesota Statutes 1990, 
          sections 84.91; 84.911; 86B.331; 86B.335, subdivisions 
          1, 2, 4, 5, and 6; 97B.065; 168.042, subdivisions 1, 
          2, 4, 10, and 11; 169.121, subdivisions 1a, 3, 3a, 3b, 
          3c, 4, and 5; 169.123, subdivision 4; 169.126, 
          subdivision 1; 169.129; 360.0752, subdivision 6, and 
          by adding a subdivision; and 360.0753, subdivisions 2, 
          7, and 9; Minnesota Statutes 1991 Supplement, sections 
          169.121, subdivision 5a; 169.123, subdivision 2; 
          169.126, subdivision 2; 169.1265, subdivisions 1 and 
          3; 171.30, subdivision 2a; 171.305, subdivision 2; and 
          609.135, subdivision 2; proposing coding for new law 
          in Minnesota Statutes, chapters 97B; and 169; 
          repealing Minnesota Statutes 1990, section 169.126, 
          subdivision 4c. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1

                  DRIVING WHILE INTOXICATED PROVISIONS 
    Section 1.  Minnesota Statutes 1990, section 168.042, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
section, the following terms have the meanings given. 
    (b) "Violator" means a person who was driving, operating, 
or in physical control of the motor vehicle when the violation 
occurred. 
    (c) "Violation" means: 
    (1) a violation of section 169.123 or an impaired driving 
conviction as defined in section 169.121, subdivision 3, that 
results in the revocation of a person's driver's license or 
driving privileges, and also includes an alcohol-related license 
revocation from another state; 
    (2) a violation of section 169.129; and 
    (3) a violation of section 171.24 by a person whose 
driver's license or driving privileges have been canceled under 
section 171.04, clause (8). 
    Sec. 2.  Minnesota Statutes 1990, section 168.042, 
subdivision 2, is amended to read: 
    Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
commissioner shall issue a registration plate impoundment order 
when: 
    (1) a person's driver's license or driving privileges are 
revoked for a third violation, as defined in subdivision 1, 
paragraph (c), clause (1), within five years or a fourth or 
subsequent violation, as defined in subdivision 1, paragraph 
(c), clause (1), within ten 15 years; or 
    (2) a person is arrested for or charged with a violation 
described in subdivision 1, paragraph (c), clause (2) or (3).  
    The order shall require the impoundment of the registration 
plates of the vehicle involved in the violation and all vehicles 
owned by, registered, or leased in the name of the violator, 
including vehicles registered jointly or leased in the name of 
the violator and another.  An impoundment order shall not be 
issued for the registration plates of a rental vehicle as 
defined in section 168.041, subdivision 10, or a vehicle 
registered in another state. 
    Sec. 3.  Minnesota Statutes 1990, section 168.042, 
subdivision 4, is amended to read: 
    Subd. 4.  [PEACE OFFICER AS AGENT FOR NOTICE OF 
IMPOUNDMENT.] (a) On behalf of the commissioner, a peace officer 
issuing a notice of intent to revoke and of revocation under 
section 169.123 shall also serve a notice of intent to impound 
and an order of impoundment if the violation is the third 
violation, as defined in subdivision 1, paragraph (c), clause 
(1), within five years or the fourth or subsequent violation, as 
defined in subdivision 1, paragraph (c), clause (1), within ten 
15 years.  On behalf of the commissioner, a peace officer who is 
arresting a person for or charging a person with a violation 
described in subdivision 1, paragraph (c), clause (2) or (3), 
shall also serve a notice of intent to impound and an order of 
impoundment.  If the vehicle involved in the violation is 
accessible to the officer at the time the impoundment order is 
issued, the officer shall seize the registration plates subject 
to the impoundment order.  The officer shall destroy all plates 
seized or impounded under this section.  The officer shall send 
to the commissioner copies of the notice of intent to impound 
and the order of impoundment and a notice that registration 
plates impounded and seized under this section have been 
destroyed. 
    Sec. 4.  Minnesota Statutes 1990, section 168.042, 
subdivision 10, is amended to read: 
     Subd. 10.  [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 
days following receipt of a notice and order of impoundment 
under this section, a person may petition the court for review.  
The petition must include the petitioner's date of birth, 
driver's license number, and date of the violation.  The 
petition shall state with specificity the grounds upon which the 
petitioner seeks rescission of the order for impoundment.  The 
petition may be combined with any petition filed under section 
169.123, subdivision 5c.  
     (b) Except as otherwise provided in this section, the 
judicial review and hearing are governed by section 169.123, 
subdivisions 5c and 6, and shall take place at the same time as 
any judicial review of the person's license revocation under 
section 169.123.  The filing of the petition shall not stay the 
impoundment order.  The reviewing court may order a stay of the 
balance of the impoundment period if the hearing has not been 
conducted within 60 days after filing of the petition upon terms 
the court deems proper.  The court shall order either that the 
impoundment be rescinded or sustained, and forward the order to 
the commissioner of public safety.  The court shall file its 
order within 14 days following the hearing. 
     (c) In addition to the issues described in section 169.123, 
subdivision 5c 6, the scope of a hearing under this subdivision 
is limited to: 
     (1) whether the violator owns, is the registered owner of, 
possesses, or has access to the vehicle used in the violation; 
and 
    (2) whether a member of the violator's household has a 
valid driver's license, the violator or registered owner has a 
limited license issued under section 171.30, the registered 
owner is not the violator and the registered owner has a valid 
or limited driver's license, or a member of the registered 
owner's household has a valid driver's license; and 
    (3) if the impoundment is based on a violation described in 
subdivision 1, paragraph (c), clause (2) or (3), whether the 
peace officer had probable cause to believe the violator 
committed the violation and whether the evidence demonstrates 
that the violation occurred. 
    (d) In a hearing under this subdivision, the following 
shall be admissible in evidence: 
    (1) certified copies of the violator's driving record; and 
    (2) certified copies of vehicle registration records 
bearing the violator's name. 
    Sec. 5.  Minnesota Statutes 1990, section 168.042, 
subdivision 11, is amended to read: 
    Subd. 11.  [RESCISSION OF REVOCATION AND; DISMISSAL OF 
CHARGES OR ACQUITTAL; ISSUANCE OF NEW PLATES.] If the driver's 
license revocation that is the basis for an impoundment order is 
rescinded, the registrar of motor vehicles shall issue new 
registration plates for the vehicle at no cost, when the 
registrar receives an application that includes a copy of the 
order rescinding the driver's license revocation.  If the 
impoundment order was based on a violation described in 
subdivision 1, paragraph (c), clause (2) or (3), and the charges 
have been dismissed with prejudice or the violator has been 
acquitted of the violation, the registrar of motor vehicles 
shall issue new registration plates for the vehicle at no cost, 
when the registrar receives an application that includes a copy 
of the order dismissing the charges or a copy of the judgment of 
acquittal. 
    Sec. 6.  Minnesota Statutes 1990, section 169.121, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
crime for any person to refuse to submit to a chemical test of 
the person's blood, breath, or urine under section 169.123 if 
the person's driver's license has been suspended, revoked, 
canceled, or denied once within the past five years, or two or 
more times within the past ten years, under any of the 
following:  this section or section 169.123; section 171.04, 
171.14, 171.16, 171.17, or 171.18 because of an alcohol-related 
incident; section 609.21, subdivision 1, clause (2) or (3); 
609.21, subdivision 2, clause (2) or (3); 609.21, subdivision 3, 
clause (2) or (3); or 609.21, subdivision 4, clause (2) or (3). 
    Sec. 7.  Minnesota Statutes 1990, section 169.121, 
subdivision 3, is amended to read: 
    Subd. 3.  [CRIMINAL PENALTIES.] (a) As used in this 
subdivision:  
    (1) "prior impaired driving conviction" means a prior 
conviction under this section; section 84.91, subdivision 1, 
paragraph (a); 86B.331, subdivision 1, paragraph (a); 169.129; 
360.0752; 609.21, subdivision 1, clauses (2) to (4); 609.21, 
subdivision 2, clauses (2) to (4); 609.21, subdivision 2a, 
clauses (2) to (4); 609.21, subdivision 3, clauses (2) to (4); 
609.21, subdivision 4, clauses (2) to (4); or an ordinance from 
this state, or a statute or ordinance from another state in 
conformity with any of them.  A prior impaired driving 
conviction also includes a prior juvenile adjudication that 
would have been a prior impaired driving conviction if committed 
by an adult; and 
    (2) "prior license revocation" means a driver's license 
suspension, revocation, or cancellation under this section; 
section 169.123; 171.04; 171.14; 171.16; 171.17; or 171.18 
because of an alcohol-related incident; 609.21, subdivision 1, 
clauses (2) to (4); 609.21, subdivision 2, clauses (2) to (4); 
609.21, subdivision 2a, clauses (2) to (4); 609.21, subdivision 
3, clauses (2) to (4); or 609.21, subdivision 4, clauses (2) to 
(4). 
    (b) A person who violates subdivision 1 or 1a, or an 
ordinance in conformity with it either of them, is guilty of a 
misdemeanor. 
    (b) (c) A person is guilty of a gross misdemeanor who under 
any of the following circumstances: 
    (1) the person violates subdivision 1 or an ordinance in 
conformity with it within five years of a prior impaired driving 
conviction, or within ten years of the first of two or more 
prior impaired driving convictions. 
    For purposes of this paragraph, a prior impaired driving 
conviction is a prior conviction under this section, section 
84.91, subdivision 1, paragraph (a), 169.129, 360.0752, 361.12, 
subdivision 1, paragraph (a), 609.21, subdivision 1, clause (2) 
or (3), 609.21, subdivision 2, clause (2) or (3), 609.21, 
subdivision 3, clause (2) or (3), 609.21, subdivision 4, clause 
(2) or (3), or an ordinance from this state, or a statute or 
ordinance from another state in conformity with any of them.  A 
prior impaired driving conviction also includes a prior juvenile 
adjudication that would have been a prior impaired driving 
conviction if committed by an adult.  
    (c) A person who violates subdivision 1a is guilty of a 
gross misdemeanor.; 
    (2) the person violates subdivision 1a within five years of 
a prior license revocation, or within ten years of the first of 
two or more prior license revocations; or 
    (3) the person violates section 169.26 while in violation 
of subdivision 1. 
    (d) The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section. 
    When an attorney responsible for prosecuting gross 
misdemeanors under this section requests criminal history 
information relating to prior impaired driving convictions from 
a court, the court must furnish the information without charge. 
    (e) A person is guilty of a gross misdemeanor if the person 
violates section 169.26 while in violation of subdivision 1. 
    Sec. 8.  Minnesota Statutes 1990, section 169.121, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) If a person 
has been convicted under this section, section 169.129, an 
ordinance in conformity with either of them, or a statute or 
ordinance from another state in conformity with either of them, 
and if the person is then convicted of violating a gross 
misdemeanor violation of this section, a violation of section 
169.129, or an ordinance in conformity with it either of them (1)
once within five years after the first conviction or (2) two or 
more times within ten years after the first conviction, the 
person must be sentenced to a minimum of 30 days imprisonment or 
to eight hours of community work service for each day less than 
30 days that the person is ordered to serve in jail.  Provided, 
that if a person is convicted of violating this section, section 
169.129, or an ordinance in conformity with either of them two 
or more times within five years after the first conviction, or 
within five years after the first of two or more license 
revocations, as defined in section 169.121, subdivision 3, 
clause (2), the person must be sentenced to a minimum of 30 days 
imprisonment and the sentence may not be waived under paragraph 
(b) or (c).  Notwithstanding section 609.135, the above sentence 
must be executed, unless the court departs from the mandatory 
minimum sentence under paragraph (b) or (c). 
    (b) Prior to sentencing the prosecutor may file a motion to 
have the defendant sentenced without regard to the mandatory 
minimum sentence established by this subdivision.  The motion 
must be accompanied by a statement on the record of the reasons 
for it.  When presented with the prosecutor's motion and if it 
finds that substantial mitigating factors exist, the court shall 
sentence the defendant without regard to the mandatory minimum 
term of imprisonment established by this subdivision. 
    (c) The court may, on its own motion, sentence the 
defendant without regard to the mandatory minimum term of 
imprisonment established by this subdivision if it finds that 
substantial mitigating factors exist and if its sentencing 
departure is accompanied by a statement on the record of the 
reasons for it. 
     (d) The court may sentence the defendant without regard to 
the mandatory minimum term of imprisonment established by this 
subdivision if the defendant is sentenced to probation and 
ordered to participate in a program established under section 
169.1265. 
    (d) (e) When any portion of the sentence required by this 
subdivision is not executed, the court should impose a sentence 
that is proportional to the extent of the offender's prior 
criminal and moving traffic violation record. 
    Sec. 9.  Minnesota Statutes 1990, section 169.121, 
subdivision 3b, is amended to read: 
    Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE ASSESSMENT.] 
If a person has been convicted under subdivision 1, subdivision 
1a, section 169.129, an ordinance in conformity with either any 
of them, or a statute or ordinance from another state in 
conformity with either any of them, and if the person is then 
convicted of violating subdivision 1, subdivision 1a, section 
169.129, or an ordinance in conformity with either any of them 
(1) once within five years of the first conviction or (2) two or 
more times within ten years after the first conviction, the 
court must order the person to submit to the level of care 
recommended in the chemical use assessment required under 
section 169.126.  
    If a person is convicted under section 169.121, subdivision 
1a, the court shall order the person to submit to the level of 
care recommended in the chemical use assessment report required 
under section 169.126.  
    Sec. 10.  Minnesota Statutes 1990, section 169.121, 
subdivision 3c, is amended to read: 
    Subd. 3c.  [NOTICE OF ENHANCED PENALTIES.] When a court 
sentences a person for a misdemeanor or gross misdemeanor 
violation of this section, it shall inform the defendant of the 
statutory provisions that provide for enhancement of criminal 
penalties for repeat violators.  The failure of a court to 
provide this information to a defendant does not affect the 
future applicability of these enhanced penalties to that 
defendant. 
    Sec. 11.  Minnesota Statutes 1990, section 169.121, 
subdivision 4, is amended to read: 
    Subd. 4.  [ADMINISTRATIVE PENALTIES.] (a) The commissioner 
of public safety shall revoke the driver's license of a person 
convicted of violating this section or an ordinance in 
conformity with it as follows:  
    (a) (1) first offense under subdivision 1:  not less than 
30 days; 
    (2) first offense under subdivision 1a:  not less than 90 
days; 
    (b) (3) second offense in less than five years:  (i) if the 
current conviction is for a violation of subdivision 1, not less 
than 90 180 days and until the court has certified that 
treatment or rehabilitation has been successfully completed 
where prescribed in accordance with section 169.126; or (ii) if 
the current conviction is for a violation of subdivision 1a, not 
less than one year and until the court has certified that 
treatment or rehabilitation has been successfully completed 
where prescribed in accordance with section 169.126; 
    (c) (4) third offense in less than five years:  not less 
than one year, together with denial under section 171.04, clause 
(8), until rehabilitation is established in accordance with 
standards established by the commissioner; 
    (d) (5) fourth or subsequent offense on the record:  not 
less than two years, together with denial under section 171.04, 
clause (8), until rehabilitation is established in accordance 
with standards established by the commissioner.  
    (b) If the person convicted of violating this section is 
under the age of 18 years, the commissioner of public safety 
shall revoke the offender's driver's license or operating 
privileges until the offender reaches the age of 18 years or for 
a period of six months or for the appropriate period of time 
under paragraph (a), clauses (a) (1) to (d) (5), for the 
offense committed, whichever is the greatest period.  
    (c) For purposes of this subdivision, a juvenile 
adjudication under this section, section 169.129, an ordinance 
in conformity with either of them, or a statute or ordinance 
from another state in conformity with either of them is an 
offense.  
    (d) Whenever department records show that the violation 
involved personal injury or death to any person, not less than 
90 additional days shall be added to the base periods provided 
above.  
    (e) Any person whose license has been revoked pursuant to 
section 169.123 as the result of the same incident is not 
subject to the mandatory revocation provisions of clause (a) or 
(b) paragraph (a), clause (1) or (2), in lieu of the mandatory 
revocation provisions of section 169.123. 
    Sec. 12.  Minnesota Statutes 1990, section 169.121, 
subdivision 5, is amended to read: 
    Subd. 5.  Except as otherwise provided in subdivision 3b, 
when a court sentences a person convicted of violating a 
misdemeanor or gross misdemeanor violation of this section, 
section 169.129, or an ordinance in conformity with either of 
them, the court may stay imposition or execution of any sentence 
authorized by subdivision 3 or 4, except the revocation of the 
driver's license, on the condition that the convicted person 
submit to the level of care recommended in the chemical use 
assessment report required under section 169.126.  If the court 
does not order a level of care in accordance with the assessment 
report recommendation as a condition of a stay of imposition or 
execution, it shall state on the record its reasons for not 
following the assessment report recommendation.  A stay of 
imposition or execution shall be in the manner provided in 
section 609.135.  The court shall report to the commissioner of 
public safety any stay of imposition or execution of sentence 
granted under the provisions of this section. 
    Sec. 13.  Minnesota Statutes 1991 Supplement, section 
169.121, subdivision 5a, is amended to read: 
    Subd. 5a.  [CHEMICAL DEPENDENCY ASSESSMENT CHARGE, 
SURCHARGE.] When a court sentences a person convicted of an 
offense enumerated in section 169.126, subdivision 1, it shall 
impose a chemical dependency assessment charge of $76 $125.  A 
person shall pay an additional surcharge of $5 if the person is 
convicted of (i) a violation of section 169.129, or (ii) a 
violation of this section within five years of a prior impaired 
driving conviction, as defined in subdivision 3, or a prior 
conviction for an offense arising out of an arrest for a 
violation of section 169.121 or 169.129.  This section applies 
when the sentence is executed, stayed, or suspended.  The court 
may not waive payment or authorize payment of the assessment 
charge and surcharge in installments unless it makes written 
findings on the record that the convicted person is indigent or 
that the assessment charge and surcharge would create undue 
hardship for the convicted person or that person's immediate 
family. 
    The court county shall collect and forward to the 
commissioner of finance the total amount of $25 of the chemical 
dependency assessment charge and surcharge within 60 days after 
sentencing or explain to the commissioner in writing why the 
money was not forwarded within this time period.  The 
commissioner shall credit the money to the general fund.  The 
county shall collect and keep $100 of the chemical dependency 
assessment charge.  
    The chemical dependency assessment charge and surcharge 
required under this section are in addition to the surcharge 
required by section 609.101. 
    Sec. 14.  [169.1216] [IMPOUNDMENT OF MOTOR VEHICLES UNDER 
LOCAL ORDINANCE; PREREQUISITES TO REDEMPTION.] 
     Subdivision 1.  [DEFINITION.] As used in this section, 
"impoundment" means the removal of a motor vehicle, as defined 
in section 169.121, subdivision 11, to a storage facility or 
impound lot as authorized by a local ordinance. 
     Subd. 2.  [REDEMPTION; PREREQUISITES.] If a motor vehicle 
is impounded by a peace officer following the arrest or taking 
into custody of a driver for a violation of section 169.121, an 
ordinance in conformity with it, or section 169.129, the 
impounded vehicle shall only be released from impoundment: 
    (1) to the registered owner, a person authorized by the 
registered owner, a lienholder of record, or a person who has 
purchased the vehicle from the registered owner, who provides 
proof of ownership of the vehicle, proof of valid Minnesota 
driving privileges, and proof of insurance required by law to 
cover the vehicle; 
     (2) if the vehicle is subject to a rental or lease 
agreement, to a renter or lessee with valid Minnesota driving 
privileges who provides a copy of the rental or lease agreement 
and proof of insurance required by law to cover the vehicle; or 
    (3) to an agent of a towing company authorized by a 
registered owner if the owner provides proof of ownership of the 
vehicle and proof of insurance required by law to cover the 
vehicle.  
    Subd. 3.  [TO WHOM INFORMATION PROVIDED.] The proof of 
ownership and insurance or, where applicable, the copy of the 
rental or lease agreement required by subdivision 2 shall be 
provided to the law enforcement agency impounding the vehicle or 
to a person or entity designated by the law enforcement agency 
to receive the information. 
    Subd. 4.  [LIABILITY FOR STORAGE COSTS.] No law enforcement 
agency, local unit of government, or state agency is responsible 
or financially liable for any storage fees incurred due to an 
impoundment under this section. 
    Sec. 15.  [169.1217] [FORFEITURE OF MOTOR VEHICLES USED TO 
COMMIT CERTAIN TRAFFIC OFFENSES.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them: 
    (a) "Appropriate authority" means a law enforcement agency 
that has the authority to make an arrest for a violation of a 
designated offense. 
     (b) "Designated offense" includes a violation of section 
169.121, an ordinance in conformity with it, or 169.129: 
    (1) within five years of three prior driving under the 
influence convictions or three prior license revocations based 
on separate incidents; 
    (2) within 15 years of the first of four or more prior 
driving under the influence convictions or the first of four or 
more prior license revocations based on separate incidents; 
    (3) by a person whose driver's license or driving 
privileges have been canceled under section 171.04, clause (8); 
or 
    (4) by a person who is subject to a restriction on the 
person's driver's license under section 171.09 which provides 
that the person may not use or consume any amount of alcohol or 
a controlled substance. 
    (c) "Motor vehicle" and "vehicle" have the meaning given 
"motor vehicle" in section 169.121, subdivision 11.  The terms 
do not include a vehicle which is stolen or taken in violation 
of the law. 
    (d) "Owner" means the registered owner of the motor vehicle 
according to records of the department of public safety and 
includes a lessee of a motor vehicle if the lease agreement has 
a term of 180 days or more. 
     (e) "Prior driving under the influence conviction" means a 
prior conviction under section 169.121; 169.129; or 609.21, 
subdivision 1, clauses (2) to (4); 2, clauses (2) to (4); 2a, 
clauses (2) to (4); 3, clauses (2) to (4); or 4, clauses (2) to 
(4); or an ordinance from this state, or a statute or ordinance 
from another state in conformity with any of them.  A prior 
driving under the influence conviction also includes a prior 
juvenile adjudication that would have been a prior driving under 
the influence conviction if committed by an adult. 
    (f) "Prior license revocation" has the meaning given it in 
section 169.121, subdivision 3. 
    (g) "Prosecuting authority" means the attorney in the 
jurisdiction in which the designated offense occurred who is 
responsible for prosecuting violations of a designated offense. 
    Subd. 2.  [SEIZURE.] A motor vehicle subject to forfeiture 
under this section may be seized by the appropriate agency upon 
process issued by any court having jurisdiction over the vehicle.
Property may be seized without process if: 
    (1) the seizure is incident to a lawful arrest or a lawful 
search; 
    (2) the vehicle subject to seizure has been the subject of 
a prior judgment in favor of the state in a criminal injunction 
or forfeiture proceeding under this section; or 
    (3) the appropriate agency has probable cause to believe 
that the delay occasioned by the necessity to obtain process 
would result in the removal or destruction of the vehicle.  If 
property is seized without process under clause (3), the 
prosecuting authority must institute a forfeiture action under 
this section as soon as is reasonably possible. 
    Subd. 3.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
OF SEIZED VEHICLE.] All right, title, and interest in a vehicle 
subject to forfeiture under this section vests in the 
appropriate agency upon commission of the designated offense 
giving rise to the forfeiture.  Any vehicle seized under this 
section is not subject to replevin, but is deemed to be in the 
custody of the appropriate agency subject to the orders and 
decrees of the court having jurisdiction over the forfeiture 
proceedings.  When a vehicle is so seized, the appropriate 
agency may: 
     (1) place the vehicle under seal; 
    (2) remove the vehicle to a place designated by it; 
    (3) place a disabling device on the vehicle; and 
    (4) take other steps reasonable and necessary to secure the 
vehicle and prevent waste. 
    Subd. 4.  [BOND BY OWNER FOR POSSESSION.] If the owner of a 
vehicle that has been seized under this section seeks possession 
of the vehicle before the forfeiture action is determined, the 
owner may, subject to the approval of the appropriate agency, 
give security or post bond payable to the appropriate agency in 
an amount equal to the retail value of the seized vehicle.  On 
posting the security or bond, the seized vehicle may be returned 
to the owner only if a disabling device is attached to the 
vehicle.  The forfeiture action shall proceed against the 
security as if it were the seized vehicle. 
    Subd. 5.  [EVIDENCE.] Certified copies of motor vehicle 
records concerning prior license revocations are admissible as 
substantive evidence where necessary to prove the commission of 
a designated offense. 
     Subd. 6.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A motor 
vehicle is subject to forfeiture under this section if it was 
used in the commission of a designated offense. 
    Subd. 7.  [LIMITATIONS ON FORFEITURE OF MOTOR 
VEHICLES.] (a) A vehicle is subject to forfeiture under this 
section only if the driver is convicted of the designated 
offense upon which the forfeiture is based. 
    (b) A vehicle encumbered by a bona fide security interest, 
or subject to a lease that has a term of 180 days or more, is 
subject to the interest of the secured party or lessor unless 
the party or lessor had knowledge of or consented to the act 
upon which the forfeiture is based. 
    (c) Notwithstanding paragraph (b), the secured party's or 
lessor's interest in a vehicle is not subject to forfeiture 
based solely on the secured party's or lessor's knowledge of the 
act or omission upon which the forfeiture is based if the 
secured party or lessor took reasonable steps to terminate use 
of the vehicle by the offender. 
    (d) A motor vehicle is subject to forfeiture under this 
section only if its owner knew or should have known of the 
unlawful use or intended use. 
    Subd. 8.  [FORFEITURE PROCEDURE.] (a) A motor vehicle used 
to commit a designated offense is subject to forfeiture under 
this subdivision. 
    (b) A separate complaint shall be filed against the 
vehicle, describing it, and specifying that it was used in the 
commission of a designated offense and specifying the time and 
place of its unlawful use.  If the person charged with a 
designated offense is not convicted of the offense, the court 
shall dismiss the complaint against the vehicle and order the 
property returned to the person legally entitled to it.  If the 
lawful ownership of the vehicle used in the commission of a 
designated offense can be determined and it is found the owner 
was not privy to commission of a designated offense, the vehicle 
shall be returned immediately. 
    Subd. 9.  [DISPOSITION OF FORFEITED VEHICLES.] (a) If the 
court finds under subdivision 8 that the vehicle is subject to 
forfeiture, it shall order the appropriate agency to: 
    (1) sell the vehicle and distribute the proceeds under 
paragraph (b); or 
    (2) keep the vehicle for official use. 
    (b) The proceeds from the sale of forfeited vehicles, after 
payment of seizure, storage, forfeiture, and sale expenses, and 
satisfaction of valid liens against the property, must be 
forwarded to the treasury of the political subdivision that 
employs the appropriate agency responsible for the forfeiture 
for use in DWI-related enforcement, training and education.  If 
the appropriate agency is an agency of state government, the net 
proceeds must be forwarded to the state treasury and credited to 
the general fund. 
    Sec. 16.  Minnesota Statutes 1991 Supplement, section 
169.123, subdivision 2, is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION OF TEST.] 
(a) Any person who drives, operates, or is in physical control 
of a motor vehicle within this state or upon the ice of any 
boundary water of this state consents, subject to the provisions 
of this section and section 169.121, to a chemical test of that 
person's blood, breath, or urine for the purpose of determining 
the presence of alcohol or a controlled substance.  The test 
shall be administered at the direction of a peace officer.  The 
test may be required of a person when an officer has probable 
cause to believe the person was driving, operating, or in 
physical control of a motor vehicle in violation of section 
169.121 and one of the following conditions exist: 
    (1) the person has been lawfully placed under arrest for 
violation of section 169.121, or an ordinance in conformity with 
it; 
    (2) the person has been involved in a motor vehicle 
accident or collision resulting in property damage, personal 
injury, or death; 
    (3) the person has refused to take the screening test 
provided for by section 169.121, subdivision 6; or 
    (4) the screening test was administered and recorded 
indicated an alcohol concentration of 0.10 or more.  
     The test may also be required of a person when an officer 
has probable cause to believe the person was driving, operating, 
or in physical control of a commercial motor vehicle with the 
presence of any alcohol. 
     (b) At the time a test is requested, the person shall be 
informed: 
     (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance or, if the motor vehicle was a commercial 
motor vehicle, that Minnesota law requires the person to take a 
test to determine the presence of alcohol; 
    (2) that if testing is refused, the person's right to drive 
will be revoked for a minimum period of one year or, if the 
person is under the age of 18 years, for a period of one year or 
until the person reaches the age of 18 years, whichever is 
greater and, if the vehicle was a commercial motor vehicle, that 
the person will be disqualified from operating a commercial 
motor vehicle for a minimum period of one year; 
    (3) that if a test is taken and the results indicate an 
alcohol concentration of 0.10 or more, the person's right to 
drive will be revoked for a minimum period of 90 days or, if the 
person is under the age of 18 years, for a period of six months 
or until the person reaches the age of 18 years, whichever is 
greater, and, if the vehicle was a commercial motor vehicle, 
that if the test results indicate the presence of any alcohol, 
the person will be prohibited from operating a commercial motor 
vehicle for 24 hours from issuance of an out-of-service order, 
and if the results indicate an alcohol concentration of 0.04 or 
more, the person will be disqualified from operating a 
commercial motor vehicle for a minimum period of one year; 
    (4) that whether refusal to take a test is taken or 
refused, the person may be subject to criminal prosecution for 
an alcohol or controlled substance related driving offense; 
    (5) that if testing is refused and the person's right to 
drive has been revoked once within the past five years or two or 
more times within the past ten years for an alcohol or 
controlled substance related driving offense, the person may be 
subject to criminal prosecution because the person refused 
testing a crime; 
    (6) (3) if the peace officer has probable cause to believe 
the person has violated the criminal vehicular homicide and 
injury laws, that a test will be taken with or without the 
person's consent; and 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by someone of the person's own choosing; and 
    (7)  that if the person refuses to take a test, the refusal 
may be offered into evidence against the person at trial, but 
that this right is limited to the extent that it cannot 
unreasonably delay administration of the test. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  Action may be taken against a person who 
refuses to take a blood test only if an alternative test was 
offered and action may be taken against a person who refuses to 
take a urine test only if an alternative test was offered. 
    Sec. 17.  Minnesota Statutes 1990, section 169.123, 
subdivision 4, is amended to read: 
    Subd. 4.  [REFUSAL; REVOCATION OF LICENSE.] If a person 
refuses to permit a test, none shall be given, but the peace 
officer shall report the refusal to the commissioner of public 
safety and the authority having responsibility for prosecution 
of misdemeanor offenses for the jurisdiction in which the acts 
occurred.  However, if a peace officer has probable cause to 
believe that the person has violated section 609.21, a test may 
be required and obtained despite the person's refusal.  A 
refusal to submit to an alcohol concentration test does not 
constitute a violation of section 609.50, unless the refusal was 
accompanied by force or violence or the threat of force or 
violence.  If a person submits to a test and the test results 
indicate an alcohol concentration of 0.10 or more, or if a 
person was driving, operating, or in physical control of a 
commercial motor vehicle and the test results indicate an 
alcohol concentration of 0.04 or more, the results of the test 
shall be reported to the commissioner of public safety and to 
the authority having responsibility for prosecution of 
misdemeanor offenses for the jurisdiction in which the acts 
occurred. 
    Upon certification by the peace officer that there existed 
probable cause to believe the person had been driving, 
operating, or in physical control of a motor vehicle while under 
the influence of alcohol or a controlled substance and that the 
person refused to submit to a test, the commissioner of public 
safety shall revoke the person's license or permit to drive, or 
nonresident operating privilege, for a period of one year even 
if a test was obtained pursuant to this section after the person 
refused to submit to testing.  Upon certification by the peace 
officer that there existed probable cause to believe the person 
had been driving, operating, or in physical control of a 
commercial motor vehicle with the presence of any alcohol and 
that the person refused to submit to a test, the commissioner 
shall disqualify the person from operating a commercial motor 
vehicle for a period of one year under section 171.165 and shall 
revoke the person's license or permit to drive or nonresident 
operating privilege for a period of one year.  If the person 
refusing to submit to testing is under the age of 18 years, the 
commissioner shall revoke the person's license or permit to 
drive, or nonresident operating privilege, for a period of one 
year or until the person reaches the age of 18 years, whichever 
is greater.  Upon certification by the peace officer that there 
existed probable cause to believe the person had been driving, 
operating or in physical control of a motor vehicle while under 
the influence of alcohol or a controlled substance and that the 
person submitted to a test and the test results indicate an 
alcohol concentration of 0.10 or more, the commissioner of 
public safety shall revoke the person's license or permit to 
drive, or nonresident operating privilege, for:  (1) a period of 
90 days; or, (2) if the person is under the age of 18 years, for 
a period of six months or until the person reaches the age of 18 
years, whichever is greater; or (3) if the person's driver's 
license or driving privileges have been revoked within the past 
five years under this section or section 169.121, for a period 
of 180 days.  On certification by the peace officer that there 
existed probable cause to believe the person had been driving, 
operating, or in physical control of a commercial motor vehicle 
with any presence of alcohol and that the person submitted to a 
test and the test results indicated an alcohol concentration of 
0.04 or more, the commissioner of public safety shall disqualify 
the person from operating a commercial motor vehicle under 
section 171.165.  
    If the person is a resident without a license or permit to 
operate a motor vehicle in this state, the commissioner of 
public safety shall deny to the person the issuance of a license 
or permit for the same period after the date of the alleged 
violation as provided herein for revocation, subject to review 
as hereinafter provided. 
    Sec. 18.  Minnesota Statutes 1990, section 169.126, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CHEMICAL USE ASSESSMENT.] A chemical use 
assessment shall be conducted and an assessment report submitted 
to the court and to the department of public safety by the 
county agency administering the alcohol safety program when: 
    (a) The defendant is convicted of an offense described in 
section 169.121 or 169.129; or 
    (b) The defendant is arrested for committing an offense 
described in section 169.121 or 169.129 but is convicted of 
another offense arising out of the circumstances surrounding the 
arrest.  
    Sec. 19.  Minnesota Statutes 1991 Supplement, section 
169.126, subdivision 2, is amended to read: 
    Subd. 2.  [REPORT.] (a) The assessment report shall be on a 
form prescribed by the commissioner of public safety and shall 
contain an evaluation of the convicted defendant concerning the 
defendant's prior traffic record, characteristics and history of 
alcohol and chemical use problems, and amenability to 
rehabilitation through the alcohol safety program.  The report 
shall be classified as private data on individuals as defined in 
section 13.02, subdivision 12. 
    (b) The assessment report must include: 
    (1) a recommended level of care for the offender in 
accordance with the criteria contained in rules adopted by the 
commissioner of human services under section 254A.03, 
subdivision 3; 
    (2) recommendations for other appropriate remedial action 
or care, that may consist of educational programs, one-on-one 
counseling, a program or type of treatment that addresses mental 
health concerns, or a combination of them; or 
    (3) a specific explanation why no level of care or action 
was recommended. 
     Sec. 20.  Minnesota Statutes 1991 Supplement, section 
169.1265, subdivision 1, is amended to read: 
    Subdivision 1.  [GRANT APPLICATION.] The commissioner of 
public safety, in cooperation with the commissioners of human 
services and corrections, shall administer a program to provide 
grants to counties to establish programs of intensive probation 
for repeat violators of the driving while intoxicated laws.  The 
commissioner shall adopt an application form on which a county 
or a group of counties may apply for a grant to establish a DWI 
repeat offender program. 
    Sec. 21.  Minnesota Statutes 1991 Supplement, section 
169.1265, subdivision 3, is amended to read: 
    Subd. 3.  [PROGRAM ELEMENTS.] To be considered for a grant 
under this section, a county program must contain the following 
elements: 
    (1) an initial assessment of the offender's chemical 
dependency, based on the results of a chemical use assessment 
conducted under section 169.126, with recommended treatment and 
aftercare, and a requirement that the offender follow the 
recommended treatment and aftercare; 
    (2) several stages of probation supervision, including: 
    (i) a period of at least 30 days' incarceration in a local 
or regional detention facility; 
    (ii) a period during which an offender is, at all times, 
either working, on home detention, being supervised at a program 
facility, or traveling between two of these locations; 
    (iii) a period of home detention; and 
    (iv) a period of gradually decreasing involvement with the 
program; 
    (3) decreasing levels of intensity and contact with 
probation officials based on the offender's successful 
participation in the program and compliance with its rules; 
    (4) a provision for increasing the severity of the 
program's requirements when an offender offends again or 
violates the program's rules; 
    (5) a provision for offenders to continue or seek 
employment during their period of intensive probation; 
    (6) a requirement that offenders abstain from alcohol and 
controlled substances during the probation period and be tested 
for such use on a routine basis; and 
    (7) a requirement that all or a substantial part of the 
costs of the program be paid by the offenders. 
    Sec. 22.  Minnesota Statutes 1990, section 169.129, is 
amended to read: 
    169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
    Any person is guilty of a gross misdemeanor who drives, 
operates, or is in physical control of a motor vehicle, the 
operation of which requires a driver's license, within this 
state or upon the ice of any boundary water of this state in 
violation of section 169.121 or an ordinance in conformity with 
it before the person's driver's license or driver's privilege 
has been reinstated following its cancellation, suspension, 
revocation, or denial under any of the following:  section 
169.121 or 169.123; section 171.04, 171.14, 171.16, 171.17, or 
171.18 because of an alcohol-related incident; section 609.21, 
subdivision 1, clause clauses (2) or (3) to (4); 609.21, 
subdivision 2, clause clauses (2) or (3) to (4); 609.21, 
subdivision 2a, clauses (2) to (4); 609.21, subdivision 3, 
clause clauses (2) or (3) to (4); or 609.21, subdivision 
4, clause clauses (2) or (3) to (4).  Jurisdiction over 
prosecutions under this section is in the county court. 
    Sec. 23.  Minnesota Statutes 1991 Supplement, section 
171.30, subdivision 2a, is amended to read: 
    Subd. 2a.  [180-DAY WAITING PERIOD PERIODS.] 
Notwithstanding subdivision 2, a limited license shall not be 
issued for a period of: 
    (1) 15 days, to a person whose license or privilege has 
been revoked or suspended for a violation of section 169.121 or 
169.123; 
    (2) 90 days, to a person who submitted to testing under 
section 169.123 if the person's license or privilege has been 
revoked or suspended for a second or subsequent violation of 
section 169.121 or 169.123; 
    (3) 180 days to an individual whose, to a person who 
refused testing under section 169.123 if the person's license or 
privilege has been revoked or suspended for a second or 
subsequent violation of section 169.121 or 169.123; or to a 
person whose license or privilege has been revoked or suspended 
for commission of the offense of manslaughter resulting from the 
operation of a motor vehicle or criminal vehicular homicide or 
injury under section 609.21. 
     Sec. 24.  Minnesota Statutes 1991 Supplement, section 
171.305, subdivision 2, is amended to read: 
    Subd. 2.  [PILOT PROGRAM.] The commissioner shall establish 
a one-year statewide pilot program for the use of an ignition 
interlock device by a person whose driver's license or driving 
privilege has been canceled and denied by the commissioner for 
an alcohol or controlled substance related incident.  After one 
year The commissioner shall evaluate the program and shall 
report to the legislature by February 1, 1993 1994, on whether 
changes in the program are necessary and whether the program 
should be permanent.  No limited license shall be issued under 
this program after August 1, 1992 1993. 
    Sec. 25.  Minnesota Statutes 1991 Supplement, section 
609.135, subdivision 2, is amended to read: 
    Subd. 2.  (a) If the conviction is for a felony the stay 
shall be for not more than three years or the maximum period for 
which the sentence of imprisonment might have been imposed, 
whichever is longer. 
    (b) If the conviction is for a gross misdemeanor violation 
of section 169.121 or 169.129, the stay shall be for not more 
than three years.  The court shall provide for unsupervised 
probation for the last one year of the stay unless the court 
finds that the defendant needs supervised probation for all or 
part of the last one year. 
    (c) If the conviction is for a gross misdemeanor not 
specified in paragraph (b), the stay shall be for not more than 
two years. 
    (c) (d) If the conviction is for any misdemeanor under 
section 169.121 or for a misdemeanor under section 609.224, 
subdivision 1, in which the victim of the crime was a family or 
household member as defined in section 518B.01, the stay shall 
be for not more than two years.  The court shall provide for 
unsupervised probation for the second year of the stay unless 
the court finds that the defendant needs supervised probation 
for all or part of the second year. 
    (d) (e) If the conviction is for a misdemeanor not 
specified in paragraph (c) (d), the stay shall be for not more 
than one year.  
    (e) (f) The defendant shall be discharged when the stay 
expires, unless the stay has been revoked or extended under 
paragraph (f) (g), or the defendant has already been discharged. 
    (f) (g) Notwithstanding the maximum periods specified for 
stays of sentences under paragraphs (a) to (e) (f), a court may 
extend a defendant's term of probation for up to one year if it 
finds, at a hearing conducted under subdivision 1a, that: 
    (1) the defendant has not paid court-ordered restitution in 
accordance with the payment schedule or structure; and 
    (2) the defendant is likely to not pay the restitution the 
defendant owes before the term of probation expires.  
This one-year extension of probation for failure to pay 
restitution may be extended by the court for up to one 
additional year if the court finds, at another hearing conducted 
under subdivision 1a, that the defendant still has not paid the 
court-ordered restitution that the defendant owes. 
    Sec. 26.  [SENTENCING GUIDELINES MODIFICATION.] 
    The sentencing guidelines commission shall modify 
sentencing guideline II.B.3 to provide that the criminal history 
score of any person convicted of violating section 609.21 shall 
include one-half of one criminal history point for each previous 
violation of section 169.121, 169.1211, or 169.129. 
    Sec. 27.  [SENTENCING GUIDELINES MODIFICATION; CRIMINAL 
VEHICULAR HOMICIDE.] 
    The sentencing guidelines commission is requested to 
consider modifying the sentencing guidelines by ranking 
violations of section 609.21, subdivisions 1, clauses (3) and 
(4), and 3, clauses (3) and (4), in severity level VII of the 
sentencing guidelines grid. 
    Sec. 28.  [171.043] [DEPARTMENT OF PUBLIC SAFETY; NOTICE 
CONCERNING CERTAIN PERSONS UNDER DRIVER'S LICENSE CANCELLATION.] 
    The commissioner of public safety shall develop a program 
under which the commissioner provides a monthly notice to local 
law enforcement agencies of the names and addresses of persons 
residing within the local agency's jurisdiction whose driver's 
licenses or driving privileges have been canceled under section 
171.04, clause (8).  At the commissioner's discretion, the 
commissioner may adopt necessary procedures so that the 
information is current and accurate.  Data in the notice are 
private data on individuals and are available to law enforcement 
agencies. 
    Sec. 29.  [COMMISSION ON CONFINEMENT AND TREATMENT OF DWI 
RECIDIVISTS.] 
    Subdivision 1.  [MEMBERSHIP.] The subcommittee on 
committees in the senate and the speaker of the house of 
representatives shall appoint up to 18 members to a commission 
on the confinement and treatment of DWI recidivists.  The 
members shall be chosen to represent the following:  
legislators, the commissioners of human services, public safety, 
and corrections, experts in chemical dependency treatment, 
researchers in matters relating to the driving while intoxicated 
laws, county commissioners, local corrections officials, the 
sentencing guidelines commission, city and county attorneys, 
defense attorneys, private chemical dependency treatment 
providers, and other interested parties. 
    Subd. 2.  [SPECIFIC PROPOSAL.] By January 15, 1993, the 
commission shall present to the chairs of the committees on the 
judiciary and health and human services in the senate and house 
of representatives a specific proposal to provide for the 
effective treatment, or if treatment is unsuccessful, for 
confinement for a period of up to five years, to protect society 
from those who have violated the DWI laws a fourth time within 
five years or a fifth or subsequent time.  The recommendation 
shall include a means of committing these individuals to 
treatment, including the potential for confinement as a sanction 
for leaving or failing treatment, using alcohol or drugs, or 
reoffending. 
    Subd. 3.  [SPECIFIC DETERMINATIONS.] In developing the 
recommendation required by subdivision 2, the commission shall 
make specific determinations concerning the following: 
    (1) whether the offenders should be confined through a 
civil commitment process, through the criminal justice system, 
or through a system that combines features of the civil and 
criminal systems; 
    (2) what types of treatment programs hold the most promise 
for changing the behavior of those with entrenched chemical 
dependency problems; 
    (3) what types of correctional programs, including 
intensive supervision, hold the most promise for changing the 
behavior of those with entrenched chemical dependency problems; 
    (4) the best way to allocate the costs of treatment and 
confinement among the offender, local governments, and the 
state; 
    (5) if a criminal justice system approach is selected, 
whether imposing a felony penalty or a gross misdemeanor penalty 
on offenders with the DWI history described above would be more 
effective in giving a high priority to the repeat DWI cases 
within prosecutors' offices, and whether probation officers who 
supervise gross misdemeanants would be better suited to 
supervise repeat DWI offenders than would probation officers who 
supervise felons; 
    (6) if a civil commitment approach is selected, whether 
changes are needed in the civil commitment laws and 
recommendations for making those changes; 
    (7) what secure treatment facilities are available, 
including private, state, and locally owned facilities; 
    (8) the feasibility of using innovative treatment 
approaches, such as the use of pharmacologic agents, including 
deterrent chemicals, in the control of those who are 
unsuccessful in treatment programs; 
    (9) the need for culturally appropriate chemical dependency 
treatment programs; and 
    (10) the characteristics and treatment and incarceration 
history of the typical fourth-time DWI offender. 
    Sec. 30.  [APPROPRIATION.] 
    (a) $23,000 is appropriated from the trunk highway fund to 
the commissioner of public safety for the purposes of sections 2 
and 29. 
    (b) $500,000 is appropriated from the general fund to the 
commissioner of public safety for the purpose of funding grant 
applications under section 169.1265.  The appropriation is 
available until expended.  
    (c) $15,000 is appropriated from the general fund to the 
legislative coordinating commission for the expenses of the 
commission on the confinement and treatment of DWI recidivists. 
    (d) The appropriations in this section are one-time 
appropriations and do not increase the agency's appropriation 
base for the 1994-1995 biennium. 
    Sec. 31.  [REPEALER.] 
    Minnesota Statutes 1990, section 169.126, subdivision 4c, 
is repealed. 
    Sec. 32.  [EFFECTIVE DATE.] 
    Sections 13, 18, 19, and 32 are effective July 1, 1992.  
Sections 1 to 12, 14 to 17, and 21 to 31 are effective January 
1, 1993, and apply to crimes committed on or after that date, 
except that section 16, paragraph (b), clause (4), is effective 
the day following final enactment.  Courts may consider prior 
convictions and license revocations in sentencing repeat 
offenders and forfeiting vehicles under this article. 

                                ARTICLE 2

                         OPERATING A SNOWMOBILE

                         OR ALL-TERRAIN VEHICLE

                            WHILE INTOXICATED
    Section 1.  Minnesota Statutes 1990, section 84.91, is 
amended to read: 
    84.91 [OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES BY 
PERSONS 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) when the person is under the influence of alcohol, as 
provided in section 169.121, subdivision 1, clauses (a) and (d); 
    (2) when the person is under the influence of a controlled 
substance, as defined in section 152.01, subdivision 4; or 
    (3) when the person is under the influence of a combination 
of any two or more of the elements named in clauses 
(1) and, (2), and (6); 
     (4) when the person's alcohol concentration is 0.10 or 
more; 
     (5) when the person's alcohol concentration as measured 
within two hours of the time of operating is 0.10 or more; or 
     (6) when the person is knowingly under the influence of any 
chemical compound or combination of chemical compounds that is 
listed as a hazardous substance in rules adopted under section 
182.655 and that affects the nervous system, brain, or muscles 
of the person so as to substantially impair the person's ability 
to operate the snowmobile or all-terrain vehicle.  
    (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 or 
other 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, without 
regard to whether 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 84.911, but may 
not be used in any court action except:  (1) to prove that a 
test was properly required of an operator under section 84.911; 
or (2) in a civil action arising out of the operation or use of 
a snowmobile or all-terrain vehicle.  Following the preliminary 
screening test, additional tests may be required of the operator 
as provided under section 84.911.  An operator who refuses a 
breath sample is subject to the provisions of section 84.911 
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), or an ordinance in conformity with 
it, 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 86B.331, subdivision 4. 
    Subd. 5.  [PENALTIES.] (a) A person who violates any 
prohibition contained in subdivision 1, or an ordinance in 
conformity with it, is guilty of a misdemeanor.  
    (b) 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 84.911, subdivision 
2, or an ordinance in conformity with either of them, or within 
ten years of the first of two or more prior convictions under 
that subdivision or civil liability under section 84.911, 
subdivision 2, or an ordinance in conformity with either of 
them, is guilty of a gross misdemeanor. 
    (c) The attorney in the jurisdiction where the violation 
occurred who is responsible for prosecuting misdemeanor 
violations of this section is also responsible for prosecuting 
gross misdemeanor violations of this section.  When an attorney 
responsible for prosecuting gross misdemeanors under this 
section requests criminal history information relating to prior 
convictions from a court, the court must furnish the information 
without charge. 
    (b) (d) 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. 5a.  [NOTICE OF ENHANCED PENALTIES.] When a court 
sentences a person for a misdemeanor violation of this section, 
it shall inform the defendant of the statutory provisions that 
provide for enhancement of criminal penalties for repeat 
violators.  The failure of a court to provide this information 
to a defendant does not affect the future applicability of these 
enhanced penalties to that defendant.  
    Subd. 6.  [OPERATING PRIVILEGES SUSPENDED.] Upon conviction 
under this section, or an ordinance in conformity with it, 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 84.911, 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 84.911, 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 84.911, 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. 2.  Minnesota Statutes 1990, section 84.911, is 
amended to read: 
     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 84.91, 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 84.91, subdivision 1, paragraph 
(a), and one of the following conditions exists: 
     (1) the person has been lawfully placed under arrest for 
violating section 84.91, 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 84.91, subdivision 3; or 
    (4) the screening test was administered and recorded 
indicated 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 84.91, 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.  However, if a peace officer has 
probable cause to believe that the person has violated section 
609.21, a test may be required and obtained despite the person's 
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 even if a 
test was obtained pursuant to this section after the person 
refused to submit to testing. 
     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 a 
person is subject to a civil penalty of $500 for refusing to 
take the test and, in addition, 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 84.91, 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 if the peace officer has 
probable cause to believe the person has violated the criminal 
vehicular homicide and injury laws, that a test will be taken 
with or without the person's consent; and 
    (4) that the person has the right to consult with an 
attorney, but that this right is limited to the extent that it 
cannot unreasonably delay administration of the test or the 
person will be deemed to have refused the test. 
    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 86B.335, subdivisions 
8, 9, and 10. 
    Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
ENFORCEMENT.] Judicial and administrative review of sanctions 
imposed under this section is governed by section 86B.335, 
subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
penalty imposed under this section is governed by section 
86B.335, subdivisions 11 and 12. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1992, and apply to 
crimes committed on or after that date. 

                                ARTICLE 3

                        BOATING WHILE INTOXICATED
    Section 1.  Minnesota Statutes 1990, section 86B.331, is 
amended to read: 
    86B.331 [OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH A 
PHYSICAL OR MENTAL DISABILITY.] 
    Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
operate or be in physical control of a motorboat in operation on 
the waters of this state while under the influence of: 
    (1) when the person is under the influence of alcohol, as 
provided in section 169.121, subdivision 1, paragraphs (a) and 
(d); 
    (2) when the person is under the influence of a controlled 
or other substance, as provided defined in section 
169.121 152.01, subdivision 1 4; or 
    (3) when the person is under the influence of a combination 
of any two or more of the elements named in clauses 
(1) and, (2), and (6); 
     (4) when the person's alcohol concentration is 0.10 or 
more; 
     (5) when the person's alcohol concentration as measured 
within two hours of the time of operating is 0.10 or more; or 
     (6) when the person is knowingly under the influence of any 
chemical compound or combination of chemical compounds that is 
listed as a hazardous substance in rules adopted under section 
182.655 and that affects the nervous system, brain, or muscles 
of the person so as to substantially impair the person's ability 
to operate the motorboat.  
    (b) 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, as provided under paragraph 
(a), to operate the motorboat in operation on the waters of this 
state. 
    (c) 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.  
    (d) 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. 
    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, without 
regard to whether 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 motorboat accident resulting in death, personal 
injury, or property damage. 
    Subd. 3.  [PRELIMINARY SCREENING TEST.] (a) If 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 motorboat, or has 
operated or been in control of a motorboat, 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.  
    (b) 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 86B.335, but may not be used in a 
court action except:  (1) to prove that a test was properly 
required of an operator pursuant to section 86B.335; or (2) in a 
civil action arising out of the operation or use of the 
motorboat. 
    (c) Following the preliminary screening test, additional 
tests may be required of the operator as provided under section 
86B.335. 
    (d) An operator who refuses a breath sample is subject to 
the provisions of section 86B.335 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.] (a) Upon the trial of a prosecution 
arising out of acts alleged to have been committed by a person 
arrested for operating or being in physical control of a 
motorboat in violation of subdivision 1, paragraph (a), or an 
ordinance in conformity with it, the court may admit evidence of 
the amount of alcohol or a controlled substance in the person's 
blood, breath, or urine as shown by an analysis of those items. 
    (b) For the purposes of this subdivision: 
    (1) evidence that there was at the time an alcohol 
concentration of 0.05 or less is prima facie evidence that the 
person was not under the influence of alcohol; and 
    (2) evidence that there was at the time an alcohol 
concentration of more than 0.05 and less than 0.10 is relevant 
evidence in indicating whether or not the person was under the 
influence of alcohol. 
    (c) Evidence of the refusal to take a preliminary screening 
test required under subdivision 3 or a chemical test required 
under section 86B.335 is admissible into evidence in a 
prosecution under this section or an ordinance in conformity 
with it. 
    (d) This subdivision does not limit the introduction of 
other competent evidence bearing upon the question of whether or 
not the person violated this section, including tests obtained 
more than two hours after the alleged violation and results 
obtained from partial tests on an infrared breath-testing 
instrument.  A result from a partial test is the measurement 
obtained by analyzing one adequate breath sample.  A sample is 
adequate if the instrument analyzes the sample and does not 
indicate the sample is deficient.  
    (e) If proven by a preponderance of the evidence, it shall 
be an affirmative defense to a violation of subdivision 1, 
paragraph (a), clause (5), that the defendant consumed a 
sufficient quantity of alcohol after the time of operating or 
physical control of a motorboat and before the administration of 
the evidentiary test to cause the defendant's alcohol 
concentration to exceed 0.10.  Provided, that this evidence may 
not be admitted unless notice is given to the prosecution prior 
to the omnibus or pretrial hearing in the matter. 
    Subd. 5.  [PENALTIES.] (a) A person who violates a 
prohibition contained in subdivision 1, or an ordinance in 
conformity with it, is guilty of a misdemeanor; except that. 
    (b) A person who violates a prohibition contained in 
subdivision 1 within five years of a prior conviction under that 
subdivision or civil liability under section 86B.335, 
subdivision 2, or an ordinance in conformity with either of 
them, or within ten years of the first of two or more prior 
convictions under that subdivision or civil liability under 
section 86B.335, subdivision 2, or an ordinance in conformity 
with either of them, is guilty of a gross misdemeanor.  
    (c) The attorney in the jurisdiction where the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section is also responsible for prosecution 
of gross misdemeanor violations of this section.  When an 
attorney responsible for prosecuting gross misdemeanors under 
this section requests criminal history information relating to 
prior convictions from a court, the court must furnish the 
information without charge. 
    (b) (d) A person who operates a motorboat on the waters of 
this state during the period the person is prohibited from 
operating any motorboat or after the person's motorboat 
watercraft operator's permit has been revoked, as provided under 
subdivision 6, is guilty of a misdemeanor.  
    Subd. 5a.  [NOTICE OF ENHANCED PENALTIES.] When a court 
sentences a person for a misdemeanor violation of this section, 
it shall inform the defendant of the statutory provisions that 
provide for enhancement of criminal penalties for repeat 
violators.  The failure of a court to provide this information 
to a defendant does not affect the future applicability of these 
enhanced penalties to that defendant. 
    Subd. 6.  [SUSPENSION AND REVOCATION OF OPERATING 
PRIVILEGES.] (a) Upon conviction under this section, or an 
ordinance in conformity with it, and in addition to any penalty 
imposed under subdivision 5, the person is prohibited from 
operating any 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.  
    (b) A person with a motorboat watercraft operator's permit 
13 years of age or older but less than 18 years of age and who 
violates any prohibition contained in subdivision 1 shall have 
the permit revoked by the commissioner as required by section 
86B.811, subdivision 2, in addition to any other penalty imposed 
by the court.  
    Subd. 7.  [DUTIES OF COMMISSIONER.] The court shall 
promptly forward copies of all convictions and criminal and 
civil penalties imposed under subdivision 5 and section 86B.335, 
subdivision 2, to the commissioner.  The commissioner shall 
notify the convicted person of the period when the person is 
prohibited from operating a motorboat as provided under 
subdivision 6 or section 86B.335, subdivision 2.  The 
commissioner shall also periodically circulate to appropriate 
law enforcement agencies a list of all persons who are 
prohibited from operating any motorboat or have had their 
motorboat watercraft operator's permits revoked pursuant to 
subdivision 6 or section 86B.335, subdivision 2.  
     Subd. 8.  [GOVERNMENT IMMUNITY FROM LIABILITY FOR BOAT 
CARE.] The state or political subdivision that is the employer 
of an officer 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 motorboat 
being operated by or in the physical control of the person 
arrested if the officer acts in good faith and exercises due 
care.  
    Sec. 2.  Minnesota Statutes 1990, section 86B.335, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CHEMICAL TESTING.] A person who operates 
or is in physical control of a motorboat in operation on the 
waters 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.  A motorboat "in 
operation" does not include a motorboat that is anchored, 
beached, or securely fastened to a dock or other permanent 
mooring.  The test shall be administered at the direction of an 
officer authorized to make arrests under section 86B.331, 
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 motorboat 
in violation of section 86B.331, subdivision 1, paragraph (a), 
and one of the following conditions exist: 
    (1) the person has been lawfully placed under arrest for 
violating section 86B.331, subdivision 1, paragraph (a); 
    (2) the person has been involved in a motorboat accident 
resulting in property damage, personal injury, or death; 
    (3) the person has refused to take the preliminary 
screening test provided for in section 86B.331, subdivision 3; 
or 
    (4) the screening test was administered and recorded 
indicated an alcohol concentration of 0.10 or more. 
    Sec. 3.  Minnesota Statutes 1990, section 86B.335, 
subdivision 2, is amended to read: 
    Subd. 2.  [REFUSAL TO TAKE TEST.] (a) If a person refuses 
to take a test required under subdivision 1, a test is not to be 
given, but the officer authorized to make arrests under section 
86B.331, 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 where the incident occurred that gave rise to the 
test demand and refusal.  However, if a peace officer has 
probable cause to believe that the person has violated section 
609.21, a test may be required and obtained despite the person's 
refusal. 
    (b) 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 even if a test 
was obtained pursuant to this section after the person refused 
to submit to testing.  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.  
    (c) 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 a 
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.  
    (d) A person who operates a motorboat on the waters of this 
state during the period the person is prohibited from operating 
a motorboat as provided under paragraph (b) or (c) is guilty of 
a misdemeanor.  
    Sec. 4.  Minnesota Statutes 1990, section 86B.335, 
subdivision 4, is amended to read: 
    Subd. 4.  [JUDICIAL REVIEW.] (a) 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 district 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. 
    (b) 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.  
    (c) 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. 5.  Minnesota Statutes 1990, section 86B.335, 
subdivision 5, is amended to read: 
    Subd. 5.  [HEARING.] (a) A hearing under this section must 
be before a municipal, county, or unified district 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 86B.331.  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. 
    (b) 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. 
    (c) 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 86B.331; 
    (2) whether one of the conditions in subdivision 1 existed; 
    (3) whether the person was informed as prescribed in 
subdivision 6; and 
     (4) whether the person refused to submit to testing. 
    (d) 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. 
    (e) 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. 6.  Minnesota Statutes 1990, section 86B.335, 
subdivision 6, is amended to read: 
    Subd. 6.  [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 of $500 for 
refusing to take the test and, in addition, the person is may be 
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 86B.331, 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 if the peace officer has 
probable cause to believe the person has violated the criminal 
vehicular homicide and injury laws, that a test will be taken 
with or without the person's consent; and 
    (4) that the person has the right to consult with an 
attorney, but that this right is limited to the extent that it 
cannot unreasonably delay administration of the test or the 
person will be deemed to have refused the test. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 6 are effective June 1, 1992, and apply to 
crimes committed on or after that date. 

                                ARTICLE 4

                  AIRCRAFT OPERATION WHILE INTOXICATED
    Section 1.  Minnesota Statutes 1990, section 360.0752, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
crime for any person to refuse to submit to a chemical test of 
the person's blood, breath, or urine under section 360.0753. 
    Sec. 2.  Minnesota Statutes 1990, section 360.0752, 
subdivision 6, is amended to read: 
    Subd. 6.  [CRIMINAL PENALTIES.] (a) A person who violates 
subdivision 2, clause (g); or 3, is guilty of a misdemeanor.  
    (b) A person who violates subdivision 2, clauses (a) to 
(f), or subdivision 2a, is guilty of a gross misdemeanor. 
    (c) The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations shall also be responsible for prosecution of gross 
misdemeanor violations of this section. 
    Sec. 3.  Minnesota Statutes 1990, section 360.0753, 
subdivision 2, is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who operates or attempts to operate an 
aircraft in or over this state or over any boundary water of 
this state consents, subject to the provisions of this section 
and section 360.0752, to a chemical test of that person's blood, 
breath, or urine for the purpose of determining the presence of 
alcohol or a controlled substance.  The test shall be 
administered at the direction of a peace officer.  The test may 
be required of a person when an officer has probable cause to 
believe the person was operating or attempting to operate an 
aircraft in violation of section 360.0752 and one of the 
following conditions exists:  
     (1) the person has been lawfully placed under arrest for 
violation of section 360.0752; 
     (2) the person has been involved in an aircraft accident or 
collision resulting in property damage, personal injury, or 
death; 
     (3) the person has refused to take the screening test 
provided for by section 360.0752; 
     (4) the screening test was administered and recorded an 
alcohol concentration of 0.04 or more; or 
     (5) the officer had probable cause to believe that the 
person was operating or attempting to operate an aircraft with 
any amount of alcohol present in the person's body.  
     (b) At the time a test is requested, the person shall be 
informed:  
    (1) that Minnesota law requires the person to take a test 
to determine the presence of alcohol or to determine if the 
person is under the influence of alcohol or a controlled 
substance; 
    (2) that if testing is refused, the person will be 
disqualified from operating an aircraft for a minimum period of 
one year; 
    (3) that if a test is taken and the results indicate an 
alcohol concentration of 0.04 or more or that the person is 
under the influence of a controlled substance, the person will 
be subject to criminal penalties and the person may be 
prohibited from operating an aircraft in this state for up to 
one year; 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by someone of the person's own choosing; and 
    (5) that if the person refuses to take a test, the refusal 
will be offered into evidence against the person at trial. 
whether a test is taken or refused, the person may be subject to 
criminal prosecution for an alcohol or controlled substance 
related offense relating to the operation of an aircraft; 
    (3) that if testing is refused, the person may be subject 
to criminal prosecution because the person refused testing and 
the person will be disqualified from operating an aircraft for a 
minimum period of one year; 
    (4) if the peace officer has probable cause to believe the 
person has violated the criminal vehicular homicide and injury 
laws, that a test will be taken with or without the person's 
consent; and 
    (5) that the person has the right to consult with an 
attorney, but that this right is limited to the extent that it 
cannot unreasonably delay administration of the test.  
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  Action may be taken against a person who 
refuses to take a blood test only if an alternative test was 
offered, and action may be taken against a person who refuses to 
take a urine test only if an alternative test was offered.  
    Sec. 4.  Minnesota Statutes 1990, section 360.0753, 
subdivision 7, is amended to read: 
    Subd. 7.  [REFUSAL TO PERMIT TEST; CEASE AND DESIST ORDER.] 
If a person under arrest refuses to permit chemical testing, 
none shall be given, but the commissioner of transportation, 
upon the receipt of a certificate of the peace officer that the 
officer had reasonable and probable grounds to believe the 
arrested person had been operating or attempting to operate an 
aircraft in violation of section 360.0752 and that the person 
had refused to permit the test, shall issue a cease and desist 
order prohibiting the operation of an aircraft for a period of 
one year.  However, if a peace officer has probable cause to 
believe that the person has violated section 609.21, a test may 
be required and obtained despite the person's refusal.  When a 
test is obtained pursuant to this section after the person 
refused to submit to testing, the commissioner of transportation 
shall issue a cease and desist order under this section based on 
the person's refusal. 
    Sec. 5.  Minnesota Statutes 1990, section 360.0753, 
subdivision 9, is amended to read: 
    Subd. 9.  [HEARING.] The hearing shall be before a district 
court in the county where the arrest occurred, unless there is 
agreement that the hearing may be held in some other county.  
The hearing shall be recorded and proceed as in a criminal 
matter, without the right of trial by jury, and its scope shall 
cover the issues of whether the peace officer had reasonable and 
probable grounds to believe the person was operating or 
attempting to operate an aircraft in violation of section 
360.0752; whether the person was lawfully placed under arrest; 
whether the person refused to permit the test, and if the person 
refused whether the person had reasonable grounds for refusing 
to permit the test; and whether at the time of request for the 
test the peace officer informed the person that the right to fly 
might will be denied if the person refused to permit the test 
and of the right to have additional tests made by someone of the 
person's own choosing.  The court shall order either that the 
denial be rescinded or sustained and refer the order to the 
commissioner of transportation for further action.  
     Sec. 6.  [EFFECTIVE DATE.] 
     Sections 1 to 5 are effective August 1, 1992, and apply to 
crimes committed on or after that date. 

                                ARTICLE 5
HUNTING WHILE INTOXICATED
    Section 1.  Minnesota Statutes 1990, section 97B.065, is 
amended to read: 
    97B.065 [HUNTING WHILE UNDER THE INFLUENCE OF ALCOHOL OR A 
CONTROLLED SUBSTANCE.] 
    Subdivision 1.  [ACTS PROHIBITED.] (a) A person may not 
take protected wild animals with a firearm or by archery while 
under the influence of alcohol or a controlled substance.:  
    (1) when the person is under the influence of alcohol; 
    (2) when the person is under the influence of a controlled 
substance, as defined in section 152.01, subdivision 4; 
    (3) when the person is under the influence of a combination 
of any two or more of the elements in clauses (1) and (2); 
    (4) when the person's alcohol concentration is 0.10 or 
more; 
    (5) when the person's alcohol concentration as measured 
within two hours of the time of taking is 0.10 or more; or 
    (6) when the person is knowingly under the influence of any 
chemical compound or combination of chemical compounds that is 
listed as a hazardous substance in rules adopted under section 
182.655 and that affects the nervous system, brain, or muscles 
of the person so as to substantially impair the person's ability 
to operate a firearm or bow and arrow. 
    (b) An owner or other person having charge or control of a 
firearm or bow and arrow may not authorize or permit an 
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 possess the firearm or bow and arrow in 
this state or on a boundary water of this state. 
    Subd. 2.  [ARREST.] A peace officer may arrest a person for 
a violation under subdivision 1 without a warrant upon probable 
cause, without regard to whether the violation was committed in 
the officer's presence.  
    Subd. 3.  [PRELIMINARY SCREENING TEST.] When an officer 
authorized under subdivision 2 to make arrests has reason to 
believe that the person may be violating or has violated 
subdivision 1, paragraph (a), the officer may require the person 
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 
must 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 2, but may not be used in 
any court action except:  (1) to prove that a test was properly 
required of a person under section 2, or (2) in a civil action 
arising out of the operation of a firearm or bow and arrow.  
Following the preliminary screening test, additional tests may 
be required of the person as provided under section 2.  A person 
who refuses a breath sample is subject to the provisions of 
section 2 unless, in compliance with that section, the person 
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), or an ordinance in conformity with 
it, 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 86B.331, subdivision 4. 
    Subd. 5.  [PENALTIES.] (a) A person who violates a 
prohibition in subdivision 1, or an ordinance in conformity with 
it, is subject to the penalties provided in section 97A.331. 
    (b) A person who hunts during the period the person is 
prohibited from hunting under subdivision 6 is guilty of a 
misdemeanor. 
    Subd. 6.  [HUNTING PRIVILEGES SUSPENDED.] Upon conviction, 
and in addition to any penalty imposed under subdivision 5, the 
person is subject to the limitations on hunting provided in 
section 97A.421. 
    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 2, subdivision 2.  The commissioner shall notify the 
convicted person of the period during which the person is 
prohibited from hunting under subdivision 6 and section 
97A.421.  The commissioner shall also periodically circulate to 
appropriate law enforcement agencies a list of all persons who 
are prohibited from hunting under subdivision 6 and section 
97A.421. 
    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 hunting equipment in the physical control of the 
person arrested if the officer acts in good faith and exercises 
due care. 
    Sec. 2.  [97B.066] [CHEMICAL TESTING.] 
    Subdivision 1.  [MANDATORY CHEMICAL TESTING.] A person who 
takes wild animals with a bow or firearm in this state or on a 
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 97B.065, subdivision 
2.  Taking or submitting to the test is mandatory when requested 
by an officer who has probable cause to believe the person was 
hunting in violation of section 97B.065, subdivision 1, 
paragraph (a), and one of the following conditions exists: 
    (1) the person has been lawfully placed under arrest for 
violating section 97B.065, subdivision 1, paragraph (a); 
    (2) the person has been involved while hunting 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 97B.065, subdivision 3; 
or 
    (4) the screening test was administered and indicated an 
alcohol concentration of 0.10 or more. 
    Subd. 2.  [PENALTIES; REFUSAL; REVOCATION OF HUNTING 
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 97B.065, 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 hunting 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 hunting 
for 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 person from hunting, and to impose the 
civil penalty set forth in this subdivision.  If the officer 
fails to serve a notice of intent to suspend hunting privileges, 
the commissioner may notify the person by certified mail to the 
address on the license of the person.  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 30 days after receipt of 
the notice or upon return of the certified mail to the 
commissioner, and must be paid within 30 days of imposition. 
    (b) A person who hunts during the period the person is 
prohibited from hunting 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 that: 
    (1) 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) 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 hunting, as provided under subdivision 2; 
and 
    (3) that the person has the right to consult with an 
attorney, but that this right is limited to the extent it cannot 
unreasonably delay administration of the test or the person will 
be deemed to have refused the test. 
    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 86B.335, subdivisions 
8, 9, and 10. 
    Subd. 6.  [JUDICIAL AND ADMINISTRATIVE REVIEW; 
ENFORCEMENT.] Judicial and administrative review of sanctions 
imposed under this section is governed by section 86B.335, 
subdivisions 3, 4, and 5.  Payment and enforcement of the civil 
penalty imposed under this section is governed by section 
86B.335, subdivisions 11 and 12. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Sections 1 and 2 are effective August 1, 1992, and apply to 
crimes committed on or after that date. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 8:20 a.m.